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HomeMy WebLinkAbout264477 TLM CONSTRUCTORS - CONTRACT - BID - 5866 SH 287 AND LAKE STREET MEDIAN IMPROVEMENTSSPECIFICATIONS AND CONTRACT DOCUMENTS FOR SH 287 & LAKE STREET MEDIAN IMPROVEMENTS BID NO.5866 BID OPENING: PURCHASING DIVISION _ 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS JUNE 30, 2004 - 3:00 P.M. (OUR CLOCK) , i ■ § � � f ■ ■ ! | § ■ f � �■ !l � . f 1 � || — k�� 2 A |||||| k� ` )$ � \ 2§ a§ \ s§ . J §§ . � 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 fiiable 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), CONTRACTOWs 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 E)CDC 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 I 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. 1.32A. 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 6:00 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 famish 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 Tines, Notice to Proceed: 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In he GeWraet Tiffws eeffmwRee to fun laWF than the sixtieth day afiff the of Bid epering or the Oi h a after the Effeefive ef the n .......y :.,,,..,,v.vrdate —ru-czsriacr. Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study, and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and G)W shall each deliver to the ether OWNER with copies to ENGINEER, certificates of insurance (and other evidence of insurance reasombly--request mguested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.4, 5.6 mil 5.7. Preconstrucuon 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. Initlally Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents, before any work at the site begins a conference attended by CONTRACTOR, ENGINEER and others as appreptiate 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 I - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOWs 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 EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition) wl 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 refirence be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If; during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or trade or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or importare used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract. Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents. 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify .the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4—AVAILABILITY OF LANDS; . SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall 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 o f _ film elmr e's hen sueh i a s against 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.Z. Subsurface and Physical Conditions: 41.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, p 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 f tither disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2A. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If - ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.2.1. the completeness of such reports and 4.2.6. Possible Price and 71mes Adjustments: An drawings for CONTRACTOR's purposes, equitable adjustment in the Contract Price or in the including, but not limited to, any aspects of the Contract Times, or both, will be allowed to the extent that means, methods, techniques, sequences and the existence of such uncovered or revealed condition procedures of construction to be employed by causes an increase or decrease in CONTRACTOR's cost CONTRACTOR and safety precautions and of, or time required for performance of, the Work; subject, programs incident thereto, or however, to the following: 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if, 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities. 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not 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; premptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and E1CDC 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. PIN 1., • I. . Milli _ 0000 . . YY• YYI • TUN I I. 1 .`. YY• Y . - -- NO GM -00- or revealed at the gite- FJCDC 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 famish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTORIs obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also famish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit StaA Bureau of Govemment Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agenes 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, CeMfwates 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. 53.2. 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. Q.. sR ohm" 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 famishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be perfomred 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; 5A.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 5A.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at al I 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 OWNEWs own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: W..AA I111�i�10111ll F14!WF �i4. . Iillf!l_liti WIN WO i spesifisally required by the Supplementary Gendifiefis; F*aeealerA of 4inel"ng but net t'stJ le fees d L a t engineefs laYL=• altlwte*} . -.. .. ...1 _. .. All ._. .. ..-_ �_ �- •_ _1. • . I. 1 ry , • • Y , Y • , _. _ M, 1. 1 ^ 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in id"fied in the Supplewadal-Y Gendifiens. The Fish Of .Ing1j" we puielms and maintain it at the purehase0s ewn expense EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 10 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) • I. Ir , • . YY• . Y ._ •1. IM_, • , ..rS!Rs!rr ••. YY, •_ _ M. I. Irr 1Y_ -- _.nWi 4 NOW 1. 1 1.•1_ . • I. 1 •M.• ,. 1• • M. 1. 1 r • fll�.�.. - • I. 1 COLORADO DEPARTMENT OF TRANSPORTATION CONTRACTORS PERFORMANCE CAPABILITY STATEMENT Project# 1. List names of partnerships or joint ventures p none 2. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalification statement submitted to CDOT. (Attach additional sheets if necessary.) a. Key personnel changes none b. Key equipment changes 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 2nd Contractor's firm or company name (if joint venture) By Date retie CDOT Form #605 1192 •Y • • -- - - 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 :f Fequired : gii°-- by any paf : Acceptance of Bonds and Insurance, Option to Replace: 5.14. If either party (GA4NER or !V bRJ Arrf1D1 OWNER has any objection to the coverage afforded by or other provisions of the Bends er insurance required to be purchased and maintained by the eflter—) CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the OWNER will notify CONTRACTOR in writing within ten fifteen days after reeeipt delivery of the certificates (er etheFevideeee requested) to OWNER as required by paragraph 2.7. prwAded as the ether may msenably request. if eitheF eei-mage, mid a Chmige Order- shall be issued te adjust A Partial Utilization Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EICDCGENERAL 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 continence 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' 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 Reeular Working Hours. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall famish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6 4.1. Purchasing Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that 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 29) 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. 6.62. 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 1910-5 (1990 Edition) 12 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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 detennine 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. CONTRACTORS Expense: All data to be provided by CONTRACTOR in support of arry proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to detemline that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR' expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6_8. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 6_9. CONTRACTOR shall perform not less than 20 percent of the Work with its own forces (that is without subcontractine). 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. Biddine Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in a&anee of the spesifil de* prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, —and -if CONTRACTOR CTO has L ./ list eeeardanee with the Supplementary Cendifiens OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of efganizatien se identified may be reveleed on in whieh ease GOIQ416� "I! subW& an �i:: i i �'�fmT: �!s � IRS � l RT.!!�' f!!7!!f=T1!!!T.► �}�!{ l J—'1yCi1NhhK. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any tight 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 ENGMER _ 1. �• • a, rill\CNN.]L.��1•�yy/j�!jTy!ljijf!��:ITT!►_f�1 ��1. - _- - - Patent Fees and Royalties. 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 14 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Permits. 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR . shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER. nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes. 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exem rat from Colorado State and local sales and use taxes on materials to be pemlanently 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 Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and building materials physically incorporated into the proiect 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 fiee 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 famish 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 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 16 K./ 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 he made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTRACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNERS own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNERS 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 EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 18 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing.any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8—OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whose status under the Contract Documents shall be that of the former ENGINEER 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNEWs 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. Paragraph42 refers to OWNERS 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 maintaiiiing liability and pFeper-ty forth in Ya-phs 5.5 dwe h c 1n 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 famishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or Punish the Work in accordance with the Contract Documents. .. �_ .... . • . PYR-Rh MR' ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 0WNER'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. vssits 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 ENGINEERS 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 Genditiens of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplernemmy GerAtien paraRraph 9.3 9.3.2. Duties and Responsibilities Representative will: 9.3.2.1. Schedules - Review the progress 19 .... . • . PYR-Rh MR' ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 0WNER'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. vssits 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 ENGINEERS 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 Genditiens of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplernemmy GerAtien paraRraph 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 Qreconstruction conferences, progress meetings and odw iob conferences and prepare and circulate copies of minutes of meeting` 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 requiting 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 determining that the Work is proceeding in accordance with the Contract Documents 9.3.2.4.3. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Proiect, record the results of these 'inspections and report to the ENGINEER 9 3.2 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 suagestions for 20 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) wl CITY OF FORT COLLINS MODIFICATIONS (REV V2000) modification in DraM s or Specifications and report these recommendations to ENGINEER. Accurately hansinit to CONTRACTOR decisions issued by the ENGINEER 9.3.2.7.Records. 9.3.2.8. Re2rts. 9.3.2.8.1. Funish ENGINEER periodic reports. as requite of the progress of the Work and !"ref CONTRACTOR'S compliance with the Progress schedule and schedule of shop Drawing and pMple submittals. 9.3.2.8.2. Consult with ENG ER in advance of scheduling maior tests inks ections 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.E 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 wtth the established procedure for their submission and forward with recommendation to i z w 2 w > O Q a O 9 O z °C Q LOU W LU O UJ W V NW LL U W LU z O LULU CcF- ONU 2zW QO�r'OW Oz(D W O Ha^i=«O a N oz DO N N f0 0 O OD O Ln � } v J to U N O a` w I 0 Q w r fA � � M w 2 M n `o w � N N Cry w vi 4 rt V U) W al w z 6 : p `Z A 1 w z ENGINEER noting particularb/the relationship of the payment requested to the schedule of values work completed and materials and equipment delivered at the site but not incorporated in the Work. 9.3.2.10. Completion. 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring correction or completion 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute materials or equipment, unless authorized by the ENGINEER. 9.33.2. 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. 9.3.14. 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 asspecifically authorized by the ENGINEER. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work. 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 1 I 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 ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER'S decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes. 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EICDCGENERAL CONDITIONS 1910-8(1990Edidon) 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 pumaarA to AFfiele46. 9.13. Limitations on ENG17VEER'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 cant' 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 E1CDC GENERAL CONDITIONS 1910-8 t 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 irAlude 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 Fetirement benefitsr-bemuses; 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 mariner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11A, 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: 11A.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOWs 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. IIA.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The tern Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTORS 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 CONTRACTORSs 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 CONTRACTORSs fee. 11.5.2. Expenses of CONTRACTORS 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). EICDC 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 CONTRACTOWs fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee the next !ewer tier , to be negotiated in good faith with the OWNER but not to exceed five Percent of the amount raid to the next lower tier Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5,inclusive. 11.7. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs I I A and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances. 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work. 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 26 w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 42000) and 11.9.3.2. there, is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12—CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the 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 claimants written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be detemvned by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times. (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOWs 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 fi-oru (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 reasonable ti for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections. 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 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 CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work. 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected .or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may. make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work. 13.10. If the Work is defective, or. CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work. 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period.- 13.12. 1. If within ene year two Years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other EJCDC GENERAL CONDITIONS 1910-9 (1990 Edition) 28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42Do0) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of em year two 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 IL If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work. 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOWs tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGRgEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this -paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment. 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by. such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or any arrangements involving an escrow or custodianship. By executing the application for payment form the CONTRACTOR expressly waives his riaht to the benefits of Colorado Revised Statutes, Section 24-91-101 et seq. CONTRA CTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the, Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, including final payment,shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OVR41R 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 Udliwdon: 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 CONTRACTOWs 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. JUNE 22, 2004 CITY OF FORT COLLINS PLANHOLDERS LIST FOR BID #5866 SH 287/LAKE STREET MEDIAN IMPROVEMENTS ALL ABOUT SAFETY 12607 WCR 76 EATON, CO 80615 PH 970-686-6644 FAX 970-686-6059 TLM CONSTRUCTORS P O BOX 336638 GREELEY, CO 80633 PH 970-346-8323 FAX 970-346-8324 KORBY LANDSCAPING P O BOX 989 WELLINGTON, CO 80549 PH 970-568-7633 FAX 970-568-7635 CARNES SERVICE P.O. BOX 1258 WELLINGTON, CO 80549 PH 970-568-3632 FAX 970-568-3165 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 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) to furnish such a release or receipt in fitll, CONTRACTOR may famish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and the consent of the surety to finalize Payment are to be submitted on fortes conforrrune to the format of the OWNER'S standard forms bound rn the Protect manual Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 17 6 2 of these General Conditions. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims. 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to arty 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 15.2A. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 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, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time. 17.2.1.'When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. E)CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) 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.Cumuladve 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 n 34 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/CITY OF FORT COLLINS MODIFICATIONS (REV V2000) (This page left blank intentionally.) EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000) EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 36 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter, that is required to be referred to ENGINEER initially for decision, in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. EICDC GENERAL CONDITIONS 19I0-8 (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 E1CDC 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-4.2 Subsurface and Physical Conditions: 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). City of Fort Collins Administrative Services Purchasing Division CITY OF FORT COLLINS ADDENDUM No. 1 BID #5866 SH 287 & LAKE STREET MEDIAN IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid #5866 SH 287 & Lake Street Median Improvements OPENING DATE: June 30, 2004, 3:00p.m. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. The Pre Bid meeting will take place at 281 North College, in Conference Room A, at 10:00 a.m., on June 22. If you have any questions please contact John Stephen, CPPO, Senior Buyer, at 970-221-6777. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment 17AM9 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: SH 287 & LAKE STREET MEDIAN IMPROVEMENTS; BID NO. 5866 CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.s OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: DATE: DATE: 9/99 Section 00950 Page 1 Section 00960 Application for Payment Insert pages 1 - 4 9/99 § \ ® %b)§§ . < --m §oZZ. z0 z zP�ce . 9672E , Gsowa M ƒ 0 . <� § < > .0 / ) � k ai .2 } � £ \ ) j \ . k.( . ) co \ § & ` #� ) \� { [ P 0 ' & i \ } < / & < ; % {' £ =e ;/ k/\§\ z§ z\ )§E \ § 5z z � ) \ / . \ k< 0z $)f ( z0 ) { Z < g { 2 7 / » S . / ( y CD ° > S M . 0- § _ ul ` ) k {{ \ CL / \ \ .\ » 7o tf �` I ] j pj < ] @ \ ( \ \ < \ § 0 < § w § \ 2 z z z C) - ) { / }> f k / . � ( < ; Zee k ( 7 2/ M i6 E E. k k 4/ e A z R §/ k Z z. c N am 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000.00000000000000000000000000000 0 0 �y 69vo�6969�0�69669�(A��w6690o66906 'A69699bo969 � Eo69� 6969 696469 696969ee 6969 e969 o coo t- w t- a N C p O N m _ E inter a 0 C. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 6690' 0' 0, 0' 0* �06to6V0 c�69t4696969��690 64 69 69 69 6669 (A 69669 64 69 69 69 669 m 0 0 m dE d a E 0 y U m y Q 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 o o o o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0O. 0 0 0O. 0 0 0 0 0 0 0 0 0 0 00. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0.0 9 0.609 066966966fA 669966, 6 »� 6696696699 E0 OO696�9 D6646699060669 669 060 ci � o nd E° U w 0 0 > - o m �a O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 00 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 696969C; 0w69V���6Viw6�6ci o(A646 6c 96969�6969 6961i 69 H69 696969�646969 66969 69 69�A6 64 ooggg000 00000g0000000000S o c o000000p00000000000000000000cc0000 0 z 69696969696969Wi69H6%6%69696969f9a969d96969M, 'A69"6969691A69 69 -c a C N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 00000000 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m (p 0 0 0 0 0 0 0 0 0 O E 0) 69 69 69 09 69 69 w 69 69 69'f9 (19 «» Vi 619 69 f9 69 64 69 rn G9 69 69 69 69 rn 69 69 69 f9 69 f9 O» I° W o t N m N O O N C (n2iFa 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Vi 69 69 69 6969 Vi 69 f9 f9 69 rii Vi 69 69 64 64 69 69 (9 69 69 fA f9 fA 69 f9 (9 69 Vi 69 69 f9 69 69 E n E 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000000000000000000000000000000 0 0 j 69 69 69 fA ffi E9 69 69 69 f9 t9 69 f9 69 F9 fA 69 M fA f9 69 64 6) f9 f9 69 f9 (9 69 tR 69 69 69 f9 Vi 0 o a m a -a a) Ea O N U = > 0 N > � d d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000000000000000000000000oc000 0 0 C 69 di fA 69 69 fA 69 Ui 69 69 FA 69 fA f9 64 Vi 69 69 69 69 69 69 ffi 69 69 69 69 69 69 69 fA 61) 69 69 69 0 0 a� E y Q E U � 0 0$ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 00 C)OOOOOC)Oo000000OOOOOOOo000000o O o 00o00f;0000000000000CD, 00000a0o00000 0 0 p 69 69 69 f9 69 69 69 69 69 V3 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 69 flf 69 vi 69 69 69 69 f9 E Q m U 'C a "c c w 0. a U v) J Q d Q 0 U ~ o H aLU fn U H 0 � a LL O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O W m o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 = Na v9(a64&9.649-696961>69 /nssu�(avieo 61)e9696969694960611,cn646469F»6» ta a oclL� 0 0 d o» N C �F-a 0 v o 0 � v � U c N L m �Ha U) c 0 0 Q v a m '0 8 o "' c�a F- oaf' w' O U c 0 p a c�a � _ 2 m a d Z SH 287 and Lake Street — Median Improvements Colorado Department of Transportation Project No. SHE 2873-128 (14591) PROJECT GENERAL REQUIREMENTS INDEX SECTION Item PAGE 01010 Summary of Work GR 2-3 01040 Coordination GR 4-5 01310 Construction Schedules GR 6-7 01330 Survey Data GR 8 01410 Testing GR 9-10 01510 Temporary Utilities GR 11 01560 Temporary Controls GR 12 01700 Contract Closeout GR 13 01800 Method of Measurement and Basis of Payment GR 14 GR1 SECTION 01010 SUMMARY OF WORK 1.1 Description of Work A. This work shall consist of the construction of an exposed aggregate, colored concrete, hardscaped median on SH 287. Also included are pavement removal, curb and gutter removal, barrier curb installation, colored concrete median cover installation, manhole adjustment and traffic control. B. Protection and Restoration 1. Replace to equal or better condition all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Work that impedes traffic flow shall not be allowed between the hours of 7:00 a.m. and 8:30 a.m. and between 3:30 p.m. and 6:00 p.m. or as approved as part of the Traffic Control Plan. 3. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner's cost in providing field engineering and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 CONTRACTOR NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact Utilities at least 48 hours prior to excavating near underground utilities. GR 2 D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Marc Anderson will be the ENGINEER (Project Engineer/Manager) Marc Anderson 970-221-6605 Mobile 217-6023 F. Names and telephone numbers of affected agencies and utilities in the _ area are provided in the Project Special Provisions, page PSP 26, and on Sheet #3 of the plan set. Additional agencies which may be encountered during construction are listed below for Contractor's convenience. _ Utility Locates Under One -Call System 800-922-1987 OSHA 303-844-5285 Larimer County Sheriff non emergency) 498-5100 Poudre Fire Authority non emergency) 221-6570 Poudre Valley Hospital non emergency) 495-7000 City of Fort Collins Police non emergency) 221-6540 Transfort 221-6620 City Traffic Department 221-6630 END OF SECTION 3 GR 3 CONTRACT DOCUMENTS TABLE OF CONTENTS Section BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Major Subcontractors CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release(Contractor) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS CDOTFORMS FEDERAL FORMS Pages 00020-1 - 00020-2 00100-1 - 00100-9 00300-1 - 00300-3 00400-1 00410-1 - 00410-2 00420-1 - 00420-3 00430-1 00500-1 00510-0 00520-1 - 00520-6 00530-1 00600-1 00610-1 - 00610-2 00615=1 - 00615-2 00630-1 00635-1 00640-1 00650-1 - 00650-2 00660-1 00670-1 - 00670-2 00700-1 - 00700-34 GC -Al - GC-A2 00800-1 00900-1 00950-1 - 00950-2 00960-1 - 00960-2 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Pre -Construction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. B. Additional project coordination conferences may be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affect or -is affected by, the work of others. 1.5 PROGRESS MEETINGS A. Contractor's and Engineer's project representatives shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and superintendent 2. Owner's representative 4. Traffic Control Supervisor 5. Others as may be requested by Contractor or Owner C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of construction schedule as appropriate. GR 4 D. The Engineer and Contractor shall agree to weekly quantities at the progress meeting. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. — END OF SECTION GR 5 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The Contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre - construction conference. This schedule will show how the Contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the construction progress schedule and report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. C. The schedule must show how the street and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones. B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for shop drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen and when requested by Owner or Engineer. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: GR 6 1. Anticipated problems, recommended actions and their effects on the schedule. 2. The effect of changes on schedules of others. 1.5 OWNER'S RESPONSIBILITY — A. Owner's review is only for the purpose of checking conformity with the contract documents and assisting Contractor in coordinating the Work with the needs of the project. B. It is not to be construed as relieving Contractor from any responsibility to _ determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION GR 7 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The City of Fort Collins will provide all construction surveying for the project. The Contractor shall provide 48 hrs notice, excluding weekends, when requesting these services. B. The Contractor shall protect all survey monuments and construction stakes. The Contractor will be responsible for the cost of re -staking construction stakes and re-establishing destroyed monuments. END OF SECTION 9W. SECTION 01410 TESTING 1.1 GENERAL A. Provide such equipment and facilities as the Engineer may require for conducting — field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval hereof shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the -� laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society of Testing Materials (ASTM). I — D. Where additional or specified information concerning testing methods, sample sizes, etc. is required, such information is included under the applicable sections of the specifications. Any modifications of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for, and shall pay all costs in connection with, -' acceptance testing for the following: 1. Soil and aggregate tests, except those called for under submittals thereof. — 2. Tests not called for by the specifications of materials delivered to the site, but deemed necessary by Owner. 3. Concrete tests, except those called for under submittals thereof. — 4. Asphalt tests, except those called for under submittals thereof. 1.3 CONTRACTOR RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for, and shall pay for all costs in connection with, testing required for the following: 1. All performance and field testing specifically called for by the specifications. �- 2. All retesting for work or materials found defective or unsatisfactory, including tests covered under 1.2 above. GR 9 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Project Engineer at least 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of work, including that of his Subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction expect where the contract documents provide for specific compliance test by testing laboratories or engineers employed by the Owner. The Contractor's control system shall specifically include all testing required by the various sections of these specifications. B. The Contractor shall employ a full time superintendent to monitor and coordinate all facets of the work. The superintendent shall have adequate experience to perform the duties of superintendent. C. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the contract documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or tests, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the specifications. Provide copies to Engineer weekly. END OF SECTION GR 10 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Fumish all utilities necessary for construction. — B. Make arrangements with Owner for water. 1. Meters may be obtained through the Water Utility Meter Shop at 221- 6759. C. Furnish necessary water trucks, pipes, hoses, nozzles and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the project. B. Properly maintain sanitary facilities of reasonable capacity throughout — construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. _ D. Obscure from public view to the greatest practical extent. END OF SECTION — GR 11 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the work. C. Cease operation of all machinery and vehicles between the hours 6:00 p.m. and 7:00 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 TRAFFIC CONTROL A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices (MUTCD)", the City of Fort Collins "Work Area Traffic Control Handbook", and the Larimer County Urban Area Street Standards. In the event of a conflict between the MUTCD and City criteria, the City criteria shall govern. 1.5 HAUL ROUTES 0 A. The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION GR 12 SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than _ existing at the time the work was started. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of _ restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site and make available to the Engineer upon request, one current marked up set of drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. These drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as may be required by the Engineer shall be submitted prior to project acceptance. END OF SECTION GR 13 SECTION 00020 INVITATION TO BID SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The total bid price covers all work required by the contract documents. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. B. Prices shall include all costs in connection with the proper and successful completion of the work, including furnishing all materials, equipment and tools, and performing all labor and supervision to fully complete the work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to renegotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the work and for the purpose of comparing the bids submitted to the work. The basis of payment shall be the actual amount of materials furnished and work done. B. Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference between the amount of work actually performed and materials actually furnished and the estimated amount. ��i<IZi79601:10repi,I GR 14 Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 PROJECT SPECIAL PROVISIONS The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction (1999)", except as revised, is the minimum standard of compliance for this project. The City of Fort Collins Storm Drainage Construction Standards, City of Fort Collins Water Utilities Standard Construction Specifications, Larimer County Urban Area Street Standards and City of Fort Collins Work Area Traffic Control Handbook shall also serve as minimum standards of compliance for this project. They are not Included in the contract documents, but may be obtained at the appropriate City Departments. It shall be the Contractor's responsibility to purchase and be familiar with all of the City Department Specifications. These project specifications, City Department specifications, and CDOT standard specifications are considered minimum standards for compliance on this project. In those instances where the CDOT Standard Specifications conflict with the City specifications listed above, the City specifications shall govern. 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 and metric (SI) units, the English units apply and are the specification requirement. Index of Pages PSP 1 Notice to Bidders PSP 2 Commencement and Completion of Work PSP 3 Work to be Completed by the City of Fort Collins Forces PSP 4 Contract Goal PSP 5 OJT Contract Goal PSP 6 Revision of Section 105 — Claims for Contract Adjustment PSP 7 Revision of Section 107 - Insurance PSP 8 Revision of Section 108 — Prosecution and Progress PSP g Revision of Section 202 — Removal of Structures and Obstructions PSP 10-11 Revision of Section 203 — Excavation and Embankment PSP 12 Revision of Section 207 - Topsoil PSP 13-14 Revision of Section 208 — Concrete Washout Structure PSP 15-16 Revision of Section 209 — Watering and Dust Palliative PSP 17 Revision of Section 210 — Reset Structures PSP 18 Revision of Section 213 — Mulching PSP 19 Revision of Section 214 — Planting PSP 20 Revision of Section 306 — Reconditioning PSP 21 Revision of Section 403 — Hot Bituminous Pavement PSP 22 Revision of Section 609 — Curb and Gutter PSP 23 Revision of Section 614 and 630 — Retroreflective Sign Sheeting PSP 24 Revision of Section 630 — Traffic Cone PSP 25 Revision of Section 630 — Construction Zone Traffic Control PSP 26-28 Traffic Control Plan — General PSP 29 Force Account Items PSP 30 Utilities PSP 31 PSP 1 Federal Aid Project # SHE 2873-128 Project Code # 14591 NOTICE TO BIDDERS June 1, 2004 It is recommended that bidders on this project review the work site and plan details with an authorized City representative. Prospective bidders shall contact one of the following listed authorized City representatives at least 12 hours in advance of the time that they wish to review the project. Engineering Design Manager: John Lang, P.E. Engineering Department City of Fort Collins 281 North College Avenue Fort Collins, CO 80522-0580 Project Manager. Marc Anderson, P.E. Engineering Department City of Fort Collins 281 North College Avenue Fort Collins, CO 80522-0580 Phone: (970) 221-6605 Fax: (970) 221-6378 Phone: (970) 221-6605 Fax: (970) 221-6378 The above referenced individuals are the only representatives of the City with authority to provide any information, clarification or interpretation regarding the plans, specifications, and any other contract documents or requirements. Where reference is made in the plans and specifications to Owner, Department, Chief Engineer, Resident Engineer, Project Engineer, Engineer, and Inspection and Testing PLgency it is understood to mean the City of Fort Collins, Colorado, representative. PSP 2 Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract on or before the 14th day following the date of award unless such time for beginning the work is changed by the City in the "Notice to Proceed". Substantial Completion is defined as the completion of all work 30 calendar days from the date on the "Notice to Proceed". Final Completion is defined as the completion of all punch list items 15 calendar days from Substantial Completion. The Contractor's Bar Chart Progress Schedule shall, at a minimum, include: 1. Traffic control 2. Construction survey (by City forces) 3. Removals 4. Excavation 5.. Reconditioning - - 6. Curb installation 7. Embankment 8. Tree installation 9. Topsoil installation 10. Irrigation installation 11. Weed barrier installation 12. Wood mulch installation PSP 3 Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 CONTRACT GOAL (COMBINED) The Department has determined that Underutilized Disadvantaged Business Enterprises (UDBEs) will participate by contracting for a part of the work for this contract. The contract goal for participation in this contract by certified DBEs who have been determined to be underutilized has been established as follows: UDBE8` 0 Percent The percentage will be calculated from proposals received for this project according to the following formula: Percentage = 100 x *Dollar amount of work to be contracted to underutilized DBEs (UDBEs) Total dollar amount of the original contract Based on DBE contract unit prices rather than prime contract unit prices &All DBEs will be considered to be UDBEs. NOTE: Specific Good Faith Efforts required to meet the contract goal specified above are defined in the standard special provisions. In addition, the Transportation Commission has determined an overall 12.69% annual goal for the participation of all DBEs. PSP 5 Federal Aid Project # SHE 2873-128 Project Code # 14591 WORK TO BE COMPLETED BY THE CITY The City of Fort Collins will provide the following work items for the project: Construction Surveying Asphalt Mat Planing Asphalt Pavement Materials and Installation Sign Installation Pavement Striping Manhole Adjustment Light Standard Removal Light Standard Installation Quality Acceptance Testing June 1, 2004 PSP 4 Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 CONTRACT GOAL (COMBINED) The Department has determined that Underutilized Disadvantaged Business Enterprises (UDBEs) will participate by contracting for a part of the work for this contract. The contract goal for participation in this contract by certified DBEs who have been determined to be underutilized has been established as follows: UDBE8` 0 Percent The percentage will be calculated from proposals received for this project according to the following formula: Percentage = 100 x "Dollar amount of work to be contracted to underutilized DBEs (UDBEs Total dollar amount of the original contract 'Based on DBE contract unit prices rather than prime contract unit prices 8'AII DBEs will be considered to be UDBEs. NOTE: Specific Good Faith Efforts required to meet the contract goal specified above are defined in the standard special provisions. In addition, the Transportation Commission has determined an overall 12.69% annual goal for the participation of all DBEs. PSP 5 Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 OJT CONTRACT GOAL The. Department has determined that on-the-job training shall be provided to trainees with the goal of developing full journey workers in the types of trade or classification involved. The contract goal for on-the-job trainees working in an approved training plan in this Contract has been established as follows: Minimum number of total On -the -Job training hours required 0 hours and 0 dollars. PSP 6 Federal Aid Project # SHE 2873-128 Project Code # 14591 June 1, 2004 REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.17 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. PSP 7 Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 REVISION OF SECTION 107 INSURANCE Subsection 107.18 is revised to include the following: For this project, all insurance certificates shall name the Colorado Department of Transportation as an additional insured party. PSP 8 SECTION 00020 INVITATION TO BID Date: June 7, 2004 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on June 30, 2004, for the SH 287 & LAKE STREET MEDIAN IMPROVEMENTS; BID NO. 5866. If delivered, they are to be delivered to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of the extension of the north median at the College Avenue and Lake Street intersection including removal, replacement, installation, or modification of pavement, curb and gutter, wood mulch, barrier curb, excavation, borrow, topsoil, wood mulch, deciduous trees, weed barrier fabric, and traffic control. This project is Federal funded and includes all Federal and CDOT requirements. The UDBE goal is 0%. Ali Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Contract Documents will be available June 9, 2004. Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be obtained from Purchasing Division at 215 North Mason St., 2nd floor, Fort Collins, Colorado, 80521 upon payment of a refundable fee of Fifty Dollars ($50.00) per set. No partial sets will be issued. The Contract Documents and Construction Drawings may be examined at: 1. City of Fort Collins, Purchasing Division. 2. The Daily Journal, 2000 S. Colorado Blvd. Suite 2000, Denver, Colorado. 3. CMD Denver Plan Room, 8878 Barrons Blvd., Highlands Ranch, Colorado 4. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. 5. The Plan Room, 2176 South Jasmine St. Door "E"/Suite 219, Denver, Colorado. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00a.m., on June 22, 2004, at 218 North College, Conference Room A. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 07/2001 Section 00020 Page 1 Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 — REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.04 is revised to include the following: All work shall be substantially completed In thirty calendar days from the date of the Notice to Proceed. Work hours shall be 7:00 a.m. to 6:00 p.m., Monday through Friday, or as approved by the Engineer. The City may assess damages in the amount of $1,000 per day in the event the work is _ not completed within 30 calendar days. fkk9;1:] Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised for this project as follows: CONSTRUCTION REQUIREMENTS Section 202.02 is revised to include the following: Existing wood mulch and weed barrier will be removed and disposed of by the Contractor to the limits shown on the plans. Section 202.07 is revised to include the following: This item shall include the removal of asphalt pavement. Existing asphalt pavement varies in thickness from 4 inches to 8 inches. As Constructed plans for College Avenue indicate concrete pavement exists under the asphalt pavement in the north bound lanes. Before removal, asphalt pavement and concrete curb and gutter shall be saw cut full depth to a clean and straight vertical line. Pieces of concrete and asphalt pavement which crack or break beyond the limits of construction due to Contractor's operations shall be saw cut or removed to the nearest joint and removed and replaced at the Contractor's expense. The Engineer will determine the limit of the repair. METHOD OF MEASUREMENT Section 202.11 is revised to include the following: The Contractor and Engineer shall field measure and agree upon the quantity to be removed before the work commences. Should the Contractor fail to request the Engineer to measure any work, the Contractor shall not be compensated for materials that were not measured by the Engineer. Removal of pavement, wood mulch, curb and gutter, or obstructions as described in section 202.01 beyond the limits designated by the Engineer will be the responsibility of the Contractor and will not be paid for under this section. BASIS OF PAYMENT No additional payment will be made for concrete pavement removal if it is encountered under the asphalt pavement. Saw cutting pavement will not be paid for separately and shall be subsidiary to Removal of Asphalt Mat. No additional payment will be made for weed barrier removal and shall be included in the cost for removal of wood mulch. PSP 10 Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 Subsection 202.12 is revised to include the following: Payment will be made under: Item No. Pay Item Pay Unit 202.01 Removal of Concrete Median Cover SY 202.02 Removal of Wood Mulch SY 202.03 Removal of Curb and Gutter LF 202.04 Removal of Asphalt Mat SY PSP 11 ... Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows CONSTRUCTION REQUIREMENTS Subsection 203.05 is revised to include the following: Material excavated from the roadway will be placed and graded in the new median without moisture and density control. Subsection 203.06 is revised to include the following: Borrow material shall be approved by the Engineer. Borrow for the project shall be placed and graded without moisture or density control between the new barrier curbs as shown on the plans. BASIS OF PAYMENT Subsection 203.13 is revised to include the following: Payment will be made under: Item No. Pay Item Pay Unit 203. 11 203.02 Unclassified Excavation (CIP) Borrow (CIP) (special) CY CY PSP 12 Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 _ REVISION OF SECTION 207 TOPSOIL Section 207 of the Standard Specifications is hereby revised for this project to include the following: MATERIALS Subsection 207.02 shall include the following: Topsoil for this project shall consist of loose friable loam amended with organic enhancements. A. Pre -amended Topsoil shall have the following characteristics: ~ 1. Shall have a range of three to four percent organic matter as determined by the ignition of a moisture free sample dried to determine loss in accordance with current methods of the Association of Official Agriculture Chemists. 2. Shall have a PH between 6.5 and 8.0. 3. Sodium Absorption Rate (SAR) and Electrical Conductivity (EC), readings are not to exceed three mmhos/cm. 4. Particle Sizes: Topsoil shall be loam to sandy loam. 5. Must be weed -free at the time of spreading operations. This can be achieved by following Subsection 217.03. - B. Soil Amendment: Pre -amended topsoil shall receive soil amendments at the following rate: 3 cubic yards per 1,000 square feet of organic amendment. The organic amendment shall include the following: An organic product containing a mixture of composted cow or sheep manure and wood residue that has been aerobically and naturally processed in such a manner as to maintain a consistent temperature of 60 degrees Celsius (140 degrees Fahrenheit) or greater for a period of time that is long enough to accomplish the following '- specifications: 1. The windrows of composted organic amendment (cow or sheep manure) have to be composted for 70 to 90 days. Certification must be provided to prove the product has gone through this process. 2. Eradicate harmful pathogens, including coliform bacteria. — 3. Create a carbon to nitrogen ratio of no less than 15/1 to 25/1. 4. Contain no solid particle greater than % inch in diameter. 5. Have a non -offensive smell similar to fresh turned soil. 6. Contain no significant level of dirt or soil and contain a maximum of 30 percent — composted wood residue (pine or aspen wood). The pH after composting shall be between 5.0 and 7.5 with an organic matter content of no less than 30 percent. The Contractor shall submit a 2 lb. sample of the product 1 week before its use on the project site for the Engineer's approval. A Certificate of Compliance shall be provided to the Engineer to verify the organic matter content, pH and carbon matter to nitrogen ratio. PSP 13 Federal Aid Project # SHE 2873-128 Project Code # 14591 June 1, 2004 The Contractor shall submit two samples of topsoil to a soils laboratory for analysis. The cost of the test shall be at the Contractor's expense. The results will be submitted to the Engineer for review two weeks prior to placement. Based on the results, the Engineer can request soil amendments appropriate to have topsoil conform to these specifications at no cost to the project. The organic amendment shall be an organic product containing a mixture of composted cow or sheep manure and wood residue that has been aerobically and naturally processed in such a manner as to maintain a consistent temperature of 60 degrees Celsius (140 degrees Fahrenheit) or greater for a period of 70 to 90 days, and be approved by the Engineer. CONSTRUCTION REQUIREMENTS Subsection 207.03 shall include the following: Amended topsoil shall be backfilled around the tree rootball to a minimum depth of 24 inches within the confines of the tree rootball excavation area. Delete Subsection 207.04 and replace with the following: METHOD OF MEASUREMENT Amended topsoil will be measured at its source as described in section 203 and paid for as Topsoil (special). Subsection 207.05 shall include the following: BASIS OF PAYMENT Payment will be made under: Item No. Pay Item Pay Unit 207.01 Topsoil (special) CY Payment will be full compensation for all labor, materials, organic amendment and equipment required to complete the work. PSP 14 Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 REVISION OF SECTION 208 CONCRETE WASHOUT STRUCTURE Section 208 of the Standard Specifications is hereby revised for this project as follows: Subsection 208.01 shall include the following: This work includes the installation of a concrete washout structure that will contain washout from concrete placement operations and construction equipment cleaning operations. Subsection 208.02 shall include the following: I. Concrete Washout Structure. Embankment required for the concrete washout structure may be excavated material, provided that this material meets the requirements of Section 203 for embankment. Subsection 208.03 shall include the following: d. Concrete Washout Structure Design. The Contractor shall submit a structure design at the Pre -Construction Conference that details structure components and location. The structure shall be approved by the Engineer prior to installation. A suggested — location for the structure is within the existing median within the work zone. The structure shall meet the following requirements: 1. Structure shall contain all washout water. 2. Storm water shall not cant' wastes from the washout location. — 3. The site shall be located a minimum of 50 horizontal feet from state waters as defined in subsection 107.25. 4. The site shall be signed as "Concrete Washout". _ 5. Each concrete truck driver shall be aware of the site location. 6. The site shall be accessible to appropriate vehicles. 7. The bottom of excavation must be lined with a synthetic liner that is designed to control seepage to a maximum rate of 10$ centimeters per second. — 8. Freeboard capacity shall be included into structure design to reasonably ensure the structure will not overtop during or because of a precipitation event. 9. All measures shall be taken to prevent tracking of washout material onto the — roadway surface. 10. Adding solvents, flocculents or acid to wash water is prohibited. Subsection 208.05 shall include the following: I. Concrete Washout Structure. The concrete washout structure shall be completed and ready to use prior to concrete placement operations. The structure shall be fenced with orange plastic fencing to provide a barrier to construction equipment and to aid in identification of the washout area. Waste material from concrete washout operations shall be removed and disposed of in accordance with subsection 208.04 (f) when it has accumulated to one-half of the wet storage capacity of the structure. — PSP 15 Federal Aid Project # SHE 2873-128 Project Code # 14591 June 1, 2004 Removal of the structure upon completion of concrete placement operations shall be as directed by the Engineer. Subsection 208.06 shall include the following: 10. Failure to install and properly use a concrete washout structure for containing washout from concrete placement operations. In subsection 208.06, delete the last paragraph and replace with the following: The Engineer will notify the Contractor in writing of each incident of failure to perform erosion control for items (1) through (10) above. The Contractor will be allowed 7 calendar days from the date of notification to correct the failure. The Contractor will be charged $500 in liquidated damages for each calendar day after the seventh day that one or more of the incidents of failure for items (1) through (10) above remain uncorrected. The liquidated damages are based on daily costs associated with having a CDOT Regional Erosion Control Team (RECAT) on site to address the impact of failing to meet one or more of these erosion control measures. The liquidated damages will accumulate for each cumulative day that one or more of the incidents remain uncorrected. The number of liquidated damages days will be cumulative for the duration of the project. Total liquidated damages will be deducted from monies due to the Contractor. Subsection 208.07 shall include the following: Concrete washout structure shall be the actual number that are installed and accepted, and will include excavation, embankment, concrete, erosion bales and fencing. Subsection 208.08 shall include the following: Payment will be made under: Item No. Pay Item I Pay Unit 208.01 1 Concrete Washout Structure I EA Payment will be full compensation for all labor, materials and equipment required to complete the work. Concrete washout and waste material disposal will not be measured and paid for separately, but shall be included in the work. PSP 16 Federal Aid Project # SHE 2873-128 Project Code # 14591 June 1, 2004 REVISION OF SECTION 209 WATERING AND DUST PALLIATIVES Section 209 of the Standard Specifications is hereby revised for this project as follows: METHOD OF MEASUREMENT Section 209.07 is revised to include the following: Water required for the project, including water for dust palliative, will not be measured or paid for separately, but shall be included in the work. 0 PSP 17 _ Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 REVISION OF SECTION 210 RESET STRUCTURES Section 210 of the Standard Specifications is hereby revised for this project as follows: CONSTRUCTION REQUIREMENTS Subsection 210.02 shall include the following: City forces will adjust manholes to grade. operations with City forces. The Contractor will coordinate construction PSP 18 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date. fixed for opening Bids. — The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. — Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer _ or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered: This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By James B. O'Neill, II, CPPO, FNIGP urc asing/Risk Management Director _ 07/2001 Section 00020 Page 2 Federal Aid Project # SHE 2873-128 Project Code # 14591 June 1, 2004 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: BASIS OF PAYMENT — Subsection 213.05 is revised to include the following: Payment will be made under: Item No. Pay Item Pay Unit 213.01 Mulching (wood chip) CF PSP 19 Federal Aid Project # SHE 2873-128 Project Code # 14591 REVISION OF SECTION 214 PLANTING June 1, 2004 Section 214 of the Standard Specifications is hereby revised for this project to include the following: MATERIALS Subsection 214.02 shall include the following: The City Forester will inspect and approve trees to be used on the project at the nursery supplying trees for the project. Tree species shall be Green Spire Linden (2" caliper). BASIS OF PAYMENT Subsection 214.06 shall include the following: Payment will be made under: Item No. Pay Item Pay Unit 214.01 Deciduous Tree (2" caliper) EA Payment will be full compensation for all labor, materials and equipment required to complete the work. Excavation for tree pit will not be measured and paid for separately, but shall be included in the work. PSP 20 Federal Aid Project # SHE 2873-128 Project Code # 14591 June 1, 2004 REVISION OF SECTION 306 RECONDITIONING Section 306 of the Standard Specifications is hereby revised for this project as follows: CONSTRUCTION REQUIREMENTS Subsection 306.02 is revised to include the following: Reconditioning will be completed under new barrier curb locations and asphalt patch areas. BASIS OF PAYMENT Subsection 306.04 is revised to include the following: Payment will be made under: Item No. Pay Item Pay Unit 306.01 1 Reconditioning SY PSP 21 Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT Section 403 of the Standard Specifications are hereby revised for this project as follows: MATERIALS Subsection 403.02 is revised as follows: HBP mixes installed by City forces on this project shall meet City of Fort Collins requirements for HBP pavement and shall be approved by the City Pavement Engineer. Bottom lifts of HBP shall meet the following: Hot Bituminous Pavement (Patch) (Grading SG) (N100) (PG 58-28) Top 2" lift of HBP shall meet the following: Hot Bituminous Pavement (Grading S) (N100) (PG 64-28) PSP 22 Federal Aid Project # SHE 2873-128 Project Code # 14591 June 1, 2004 REVISION OF SECTION 609 CURB AND GUTTER Section 609 of the Standard Specifications are hereby revised for this project as follows: METHOD OF MEASUREMENT Subsection 609.06 is revised to include the following: Bed course material for barrier curb will not be paid for separately and will be subsidiary ^ to this item. BASIS OF PAYMENT Subsection 609.07 is revised to include the following: Payment will be made under: Item No. Pay Item Pay Unit 609.01 Curb, Type 2 (Section B) LF PSP 23 Federal Aid Project # SHE 2873-128 Project Code # 14591 REVISION OF SECTION 614 AND 630 RETROREFLECTIVE SIGN SHEETING June 1, 2004 Sections 614 and 630 of the Standard Specifications are hereby revised for this project as follows: In subsection 614.04, first paragraph, delete the second sentence and replace with the following: Retroreflective sheeting shall be type III and shall conform to subsection 713.04 and 713.06 when applicable. In subsection 614.07, first paragraph, delete the second sentence and replace with the following: Retroreflective sheeting shall be type III and shall conform to subsection 713.04. In subsection 630.02, delete the third paragraph and replace with the following: 1. Retroreflective sheeting shall be one of the types specified for the particular application in Table 630- Table 630-1 Sheeting Fluorescent Type III Type VI I Application Work Zone Work Zone Work Zone All Orange Construction Signs X (Including Roll -up Signs) Barricades(Temporary) X Vertical Panels X Flaggers Stop/Slow (May include flashing light approved under SHRP product # 3016) X Drums' X Non orange Fixed support signs with prefix'W" X X Special warning signs X STOP sign (R 1-1) YIELD sign (R1-2) WRONG WAY sign (R5-1a) DO NOT ENTER sign (R5-1) EXIT sign (E5-1a) X DETOUR sign M4-9 or M4-10 X All other fixed support signs 3 X All other signs which use is limited to working hours only X X X ' Fluorescent sheeting shall be of a type that is on the Colorado Approved Products List. 2 Drum sheeting shall be manufactured for flexible devices. 3 Fixed support signs are defined as all signs that must remain in use outside of working hours. They shall be mounted on barricades, or in accordance with height and lateral clearances shown on Standard Plan S-614-1, 'Typical Ground Sign Placement", unless otherwise approved. PSP 24 Federal Aid Project # SHE 2873-128 Project Code # 14591 June 1, 2004 REVISION OF SECTION 630 TRAFFIC CONE Section 630 of the Standard Specifications is hereby revised for this project as follows: In Subsection 630.05, second paragraph, the reflectorized material shall be AP 1000 Polyester (Reflexite Corp.) 3M Type III, Transparent (Reflexite Corp.) and 2010 Vinyl Cone Collar (Reflexite Corp.). Any other material is not acceptable unless its brightness is equivalent or greater than the types named. PSP 25 Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.01 shall be revised as follows: This work shall consist of furnishing, installing, moving, maintaining and removing temporary pre -warning traffic signs, arrow panels, barricades, channeling devices and delineators as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook: and the Larimer County Urban Area Street Standards, Oct. 2002. This work includes use of the above devices to channelize or direct traffic away from the work zone, but does not include work zone protection. It shall be the Contractor's responsibility to protect the work zone from potential hazards until the work has been completed and can be opened to traffic. Traffic control devices shall be measured and paid for under this section based upon a lump sum pay item. In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. Traffic control devices shall be placed and/or stored in the City right of way in such a manner that minimizes the hazards to vehicles, pedestrians and bicycles. Proper placement and storage of traffic control devices will be subject to the Engineer's discretion. Traffic control devices shall be removed from the site immediately upon completion of the Work, but not before approval from the Engineer. Subsection 630.02 shall include the following: All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD or as per the direction of the Traffic Engineer. All traffic control devices shall be clean, in good operating condition when delivered, and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present. Subsection 630.05, the second paragraph shall include the following: The reflective material shall be AP1000 Polyester (Reflexite Corp.), 3M Type III or Transparent (Reflexite Corp.). Vinyl material is not acceptable unless its brightness is equivalent to engineering grade or greater than the types named as approved by the Engineer. Subsection 630.08 shall be revised as follows: For this project, a Traffic Control Plan shall be prepared by the Contractor. The Traffic Control Plan shall be submitted for approval to the Traffic Division by 10:00 a.m., two working days Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 — before the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 9:00 a.m.). Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been -- approved. The Traffic Control Plan shall include, as a minimum, the following: 1. A detailed diagram, which shows the location of all sign placements, including advance construction signs, flagging and method, length and time duration for lane — closures. 2. A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panels; vertical panels with lights; Type I, — Type II, and Type III barricades; cones; drum channeling devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. All devices required for any particular phase — must be detailed and tabulated for each phase. Approval of the proposed method of handling traffic is intended to indicate the amount of devices needed to control traffic. Such approval does not relieve the Contractor of liability specifically assigned to him under this contract. Subsection 630.09 shall be revised as follows: A Traffic Control Supervisor (TCS) shall perform Traffic Control Management. The TCS(s) shall ^ possess a valid driver's license, a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of certification shall be — presented to the City Traffic Control Manager, and when requested by a City representative, for each TCS used on this project). One TCS shall be designated as the Lead TCS. The Lead TCS shall have a minimum of one year experience as a certified TCS. The Lead TCS shall be on site at all times during the construction. Qualifications shall be submitted to the Engineer for approval a minimum of one week before the commencement of the work. — The Lead TCS shall be equipped with a cellular phone. The cost of this telephone shall be incidental to the work. The Lead TCS cellular phone number will be made available to the _ Engineer, Inspector and the General Contractor. It is the intent of the specifications that the Lead TCS be the same person throughout the project. if the Lead TCS is to be replaced during the project, the Engineer shall be given a minimum of one week notice and qualifications shall be submitted for approval of the Lead TCS replacement. Payment for the TCS shall be included in the lump sum pay item. The TCS's duties shall include, but not be limited to: 1. Preparing, revising and submitting Traffic Control Plans as required. 2. Direct supervision of project flaggers. — PSP 27 Federal Aid Project # SHE 2873-128 Project Code # 14591 June 1, 2004 3. Coordinating all traffic control related operations, including those of the Subcontractors, City Streets Department and suppliers. 4. Coordinating project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties before construction. 5. Maintaining a project traffic control diary which shall become part of the City's project records. 6. Inspecting traffic control devices on every calendar day for the duration of the project. 7. Insuring that traffic control devices are functioning as required. 8. Overseeing all requirements covered by the plans and specifications, which contribute to the convenience, safety and orderly movement of traffic. 9. Flagging. 10. Setting up and maintaining traffic control devices. 11. Attending weekly progress meetings as requested by the Engineer and/or Contractor. Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on -call" at all times and available upon the Engineer's request at other than normal working hours. All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD pertaining to traffic controls for street and highway construction, available at all times. Section 630.13 shall be revised as follows: The accepted quantities will be paid for at the contract unit price for each of the pay items listed below: The City of Fort Collins Traffic Operations Department charges $35 to review a Traffic Control Plan. This fee shall be included in this item. Payment will be made under: Item No. Pay Item Pa Unit 630-10005 Construction Zone Traffic Control LS Traffic Control Supervision, Traffic Control Inspection, Flaggers and all incidental equipment will not be measured and paid for separately, but shall be included in the Work. Flaggers shall be provided with electronic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the Work. The cost of batteries, electricity and/or fuel for all lighting or warning devices shall not be paid for separately, but shall be considered subsidiary to the item and shall be included in the Work. Sandbags will not be measured and paid for separately, but shall be included in the Work. f1.92T: SECTION 00100 INSTRUCTIONS TO BIDDERS Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 TRAFFIC CONTROL PLAN —GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in Subsection 630.08. The Contractor is responsible for the preparation of the Traffic Control Plan. Plans must be — approved by the City prior to traffic control setup. Proposed plans shall be submitted to the City for approval a minimum of seven days prior to proposed traffic control setup. The components of the TCP for this project are included in the following: 1. Subsection 104.04 and Section 630 of the specifications. _ 2. Standard Plan S-630-1, Traffic Controls for Highway Construction, Cases X and XVIII. 3. Standard Plan S-630-2. Special Traffic Control Plan requirements for this project are as follows: 1. The Contractor will be responsible for Traffic Control. 2. Work that impedes traffic flow shall not be allowed between the hours of 7:00 a.m. and 8:30 a.m. and between 3:30 p.m. and 6:00 p.m. or as approved as part of the Traffic Control Plan. 2. During the construction of this project, traffic shall use the present traveled roadway. 3. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless approved as part of the Traffic Control Plan. 4. Prior to starting construction, the Contractor shall notify the City of Fort Collins, emergency services and affected land owners of the date that he/she intends to start construction. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. PSP 29 Federal Aid Project # SHE 2873-128 June 1, 2004 Project Code # 14591 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the City's estimate for force account items included in the contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor. Force Account Item F/A Minor Contract Revisions F/A Median Irrigation F/A On -the -Job Trainee F/A OJT Colorado Training Program Estimated Quanti Amount F.A. $ 5,000* F.A. $ 2,500* Hour $ 0 F.A. $ 150 PSP 30 Federal Aid Project # SHE 2873-128 Project Code # 14591 UTILITIES Possible utilities within the project area are: Comcast (Cable TV) Qwest (Telephone) XCEL Energy (Gas) XCEL Energy (High Pressure Gas) City of Fort Collins (Light & Power) City of Fort Collins (Water, Wastewater & Stormwater) June 1, 2004 Dennis Greenwalt (970) 484-7166 Rich Stiverson (970) 377-6403 Randy Blank (970) 225-7847 Bill Vick (970) 225-7852 Doug Martine (970) 224-6152 Tent' Robinson (970) 221-6814 The work described in these plans and specifications may require coordination between the Contractor and the utility companies in accordance with Subsection 105.06 in conducting their respective operations as necessary. The work listed below shall be performed by the Contractor in accordance with the plans and specifications, and as directed by the Engineer. The Contractor shall keep the utility company(s) advised of any work being done to their facility, so that the utility company(s) can coordinate their inspections for final acceptance of the work with the Engineer. GENERAL: The Contractor shall comply with Article,1.5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days prior to commencing such operations. Contract the Utility Notification Center of Colorado (UNCC) to have locations of UNCC registered lines marked by member companies. Calls originating within the Denver metro area use phone no. (303) 534-6700; calls originating outside the Denver metro area use 1-800-922- 1987. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading. The location of utility facilities as shown on the plans and profile sheets, and herein described, were obtained from the best available information. All costs incidental to the foregoing requirements will not be .paid for separately, but shall be included in the work. PSP 31 Federal Aid Project # SHE 2873-128 Project Code # 14591 COLORADO DEPARTMENT OF TRANSPORATION SH 287 AND LAKE STREET — MEDIAN IMPROVEMENTS STANDARD SPECIAL PROVISIONS Item Date Pages Revision of Section 101 - Holidays May 31, 2001 SSP 2 Revision of Sections 101 and 108 — Workplace Violence March 15, 2002 SSP 3 Revision of Section 103 — Contract Bonds November 5, 1999 SSP 4 Revision of Section 105 — Conformity with Plans and Specifications October 14, 2003 SSP 5-9 Revision of Sections 105 and 618 — Contractor Submittals June 6, 2002 SSP 10-11 Revision of Sections 106 and 620 — Qualification of Testing Personnel and October 4, 2001 SSP 12 Laboratories Revision of Sections 107 and 412 — Concrete Wastewater Containment March 11, 2004 SSP 13 Revision of Section 108 — Subletting of Contract September 6, 2002 SSP 14 Revision of Section 109 — Adjustments for Changes in Common Carrier May 31, 2001 SSP 15 Rates Revision of Section 109 — Measurement of Quantities July 21, 1999 SSP 16 Revision of Section 109 — Partial Payments October 5, 2000 SSP 17-18 Revision of Section 208 — Erosion Control March 11, 2004 SSP 19-23 Revision of Section 209 — Dust Pallative May 31, 2001 SSP 24 Revision of Section 401 — Bituminous Paver January 16, 2004 SSP 25 Revision of Section 401 — Plant Mix Pavements (General) October 14.2003 SSP 26-28 Revision of Section 401 — Weather Limitations and Placement March 4, 2002 SSP 29-30 Temperatures Revision of Section 601 — Structural Concrete June 13, 2003 SSP 31-44 Revision of Section 630 — Construction Zone Traffic Control November 30, 2000 SSP 45-48 Revision of Section 630 — Method of Handling Traffic October 14, 2003 SSP 49 Revision of Section 630 — NCHRP 350 Requirements September 26, SSP 50 2000 Revision of Section 701 — Hydraulic Cement March 6, 2003 SSP 51-52 Revision of Section 702 — Superpave PG Binders January 16, 2004 SSP 53-54 Revision of Section 703 — Aggregate for Plant Mix Pavements October 14, 2003 SSP 55-56 Revision of Section 703 — Concrete Aggregates March 6, 2003 SSP 57 Affirmative Action Requirements — Equal Employment Opportunity July 21, 1999 SSP 58-67 Disadvantaged Business Enterprise - Definitions and Requirements December 20, 2002 SSP 68-77 Minimum. Wages Colorado, U.S. Department of Labor, General Decision May 14, 2004 SSP 78-85 Numbers C0030014 and C0030015, Highway Construction, Statewide On the Job Training December 20,.2002 SSP 86-89 Required Contract Provisions — Federal Aid Construction Contracts July 21, 1999 SSP 90-99 Special Notice to Contractors January 17, 2003 SSP 100-103 SSP 1 Federal Aid Project # SHE 2873-128 Project Code # 14591 May 31, 2001 REVISION OF SECTION 101 HOLIDAYS Section 101 of the Standard Specifications is hereby revised for this project as follows: Subsection 101.32, first paragraph, shall include the following: Cesar Chavez Day In subsection 101.32, delete the second paragraph and replace with the following: When New Year's Day, Cesar Chavez Day, Independence Day, or Christmas Day falls on a Sunday, the following Monday shall be considered a holiday. When one of these days falls on a Saturday, the preceding Friday shall be considered a holiday. SSP 2 Federal Aid Project # SHE 2873-128 Project Code # 14591 March 15, 2002 REVISION OF SECTIONS 101 AND 108 WORKPLACE VIOLENCE Sections 101 and 108 of the Standard Specifications are hereby revised for this project as follows: Add subsection 101.86 as follows: 101.86 Workplace Violence. Workplace violence is conduct in the workplace against employees, employers, or outsiders committed by persons who either have an employment related connection with CDOT, or is a contractor working on a CDOT project. This conduct includes: (1) Physical acts against persons or their property, or against CDOT or Contractor property that are perceived to be harmful or threatening. (2) Veiled or direct verbal threats, profanity, or vicious statements or gestures that are meant to harm or create a threatening or intimidating work environment. (3) Written threats, profanity, vicious cartoons or notes that are meant to create a threatening or intimidating environment (4) Any other acts that are perceived to be threatening or intended to injure or convey hostility. Add subsection 108.051, immediately following subsection 108.05, as follows: Any representative or employee of the Contractor, or any subcontractor, who commits an act of workplace violence on the project shall be sanctioned as provided by the Contractor's employment policies and, where appropriate, shall be reported to law enforcement authorities. At the request of either the Contractor or the Engineer, the Engineer and the Contractor shall meet to discuss appropriate actions to be taken against the representative or employee. Appropriate action may include removing the representative or employee from the project. If removal is warranted and the Contractor fails to remove the representative or employee, the Engineer may suspend the work by written notice until compliance is achieved. SSP 3 Federal Aid Project # SHE 2873-128 Project Code # 14591 November 5, 1999 REVISION OF SECTION 103 CONTRACT BONDS Section 103 of the Standard Specifications is hereby revised for this project as follows: — Delete subsection 103.03 and replace with the following: 103.03 Requirement of Contract Bonds. At the time of the execution of the Contract, the - successful bidder shall furnish a Contract Payment Bond and a Contract Performance Bond. Each bond shall be in a penal sum equal to the nearest integral one hundred dollars in excess of the sum of the original bid items plus all force account items specified in the project special provisions to be included in the payment and performance bonds. The bonds and the security shall be acceptable to the Department. — SSP 4 Federal Aid Project # SHE 2873-128 Project Code # 14591 October 14, 2003 REVISION OF SECTION 105 CONFORMITY WITH PLANS AND SPECIFICATIONS Section 105 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 105.03 and replace with the following: 105.03 Conformity with Plans and Specifications. All work performed and all materials furnished shall conform to the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown in the Contract. For those items of work where working tolerances are not specified, the Contractor shall perform the work in a manner consistent with reasonable and customary manufacturing and construction practices. When the Engineer finds that the materials furnished, the work performed, or the finished product does not conform with the Contract but that reasonably acceptable work has been produced, the Engineer will determine the extent the work will be accepted and remain in place. If accepted the Engineer will (1) document the basis for acceptance by Contract Modification Order which will provide for an appropriate reduction in the Contract price for such work or materials not otherwise provided for in this subsection or (2) notify the Contractor in writing that the Contract unit price will be reduced in accordance with this subsection when P is 25 or less, or (3) in lieu of a price reduction, permit correction or replacement of the finished product provided the correction or replacement does not adversely affect the work. When the Engineer finds the materials furnished, work performed, or the finished product are not in conformity with the Contract and has resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. If asphalt cement testing demonstrates that asphalt cement was acid modified or alkaline modified, the supplier will be automatically decertified. In addition, all material placed containing the acid modified or alkaline modified asphalt cement shall be removed and replaced with specification materialat no cost to the department. Materials will be sampled and tested by the Department in accordance with the sampling and testing schedules and procedures contained in the Department's Field Materials Manual. The approximate maximum quantity represented by each sample will be as set forth in the schedules. An additional number of samples in relation to the quantity of material represented may be selected and tested at the Engineer's discretion. The quantity represented by five consecutive random samples will constitute a lot whenever production schedules and material continuity permit. The Engineer may establish a lot consisting of the quantity represented by any number of consecutive random samples from one to seven inclusive when it is necessary to represent short production runs, significant material changes, or other unusual characteristics of the work. Tests that are determined to have sampling or testing errors will not be used. Materials or work will be evaluated for price reduction only when deviations from specifications occur on any of the several individual tests for the lot. The several individual test values will be averaged and the percent of price reduction for the lot will be determined by applicable formula. SSP 5 Federal Aid Project # SHE 2873-128 Project Code # 14591 The formula in (a) and (b) below will be used only when the lot is represented by three to seven tests inclusive. (a) The formula, P = (Xn + aR- Tu)F., will be used if a maximum limit only is specified or; when the average of the several test values is above the mid point of the specification band or above the. job - mix formula value. (b) The formula, P = (TL + aR- Xn)F. will be used if a minimum limit only is specified or; when the average of the several test values is below the mid point of the specification band or below the job - mix formula value. (c) When the lot is represented by fewer than three tests, the materials will be evaluated for price -- reduction by the following procedure: Lots represented by two tests will be divided into two separate lots represented by one test each, as determined by the Engineer. Each lot which deviates from the specifications will be price reduced by one of the following formulae. When a _ maximum limit only is specified or the test value is above the maximum specified limit, the formula P = 0.76 (To-Tu)F will be used. When a minimum limit only is specified or the test value is below the minimum specified limit, the formula P = 0.7¢(TI-4o)F will be used. When a lot is represented by one test only, the materials will be evaluated for price reduction as described in this paragraph. Where: "P" is the percent of reduction in contract price, "Xn"is the average of the several test values from samples taken from the lot, with "n" indicating the number of values, "a" is a variable factor to be used in "n" changes according to the following: when n is 3, a = 0.45; n is 4, a = 0.38; n is 5, a = 0.33; n is 6, a = 0.30; and n is 7, a = 0.28. 4 "R" is the difference between the highest and lowest values in the group of several test results from the lot, "Tu" is the upper or maximum tolerance limit permitted by the specifications, "TL"is the lower or minimum tolerance limit permitted by the specifications, and "To" is the test value of the test which deviates from the specifications, "F" is price reduction factor to be applied for each element as shown in the following table: _ TABLE OF PRICE REDUCTION FACTORS Element............................................................................................................. Factor „F" 100 Dercent size sieve.................................................................................................... 1 _ 12.5 mm (1/2") sieve and larger...................................................................................... 1 150 ❑m (No. 100) sieve to 9.5 mm (3/8") sieve inclusive (except 100 percent size sieve)........................................................................ 3 -- 75 ❑m (No. 200) sieve.................................................................................................... 6 75 ❑m (No. 200) sieve (cover coat material)..................................................................25 Compaction, bituminous mixtures (Sections 301 and 403).............................................. 7 -- LiquidLimit..................................................................................................................... 3 PlasticityIndex...............................................................................................................10 Asphalt content, (all asphalt- aggregate mixtures).........................................................20 SSP 6 Federal Aid Project # SHE 2873-128 Project Code # 14591 Asphaltpenetration......................................................................................................... 1 Asphaltresidue............................................................................................................... 3 Portland Cement Concrete Pavement Fine Aggregate Sand Equivalent .......................0.3 Hydrated Lime Gradation.................................................................................0.3 Toughness, inch -pounds, minimum.....................................................................0.8 Tenacity, inch -pounds. minimum.........................................................................0.8 Elastic Recovery, 25°C, percent minimum...........................................................1.25 Ductility, 40C (5cm/min) cm, minimum.................................................................1.25 If P is less than 3, or a negative quantity, the material will be accepted as being in conformity. In cases where one or more elements show a positive P value, such positive values will be added and the resulting sum will be used to determine whether the material is in conformity. If the total P value is between 3 and 25, the Engineer may require correction or may accept the material at a reduced price. If P is greater than 25, the Engineer may: (1) require complete removal and replacement with specification material at no additional cost to the Department; (2) require corrective action to bring the material into conformity at no additional cost to the Department; or (3) where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the material in place with an appropriate price reduction to be based on engineering evaluation but not to be less than that which would have occurred had a reduction been made where P = 25. If the P for aggregate gradation for Items 206 or 304 is 3 or greater the reduction will apply to the contract price multiplied by the Multipliers (M) listed in the following table. Multiplier for Price Reductions for Miscellaneous Items Item Number -Name Element Multiplier M 206- Structural Backfill Gradation 0.60 304-Aggregate Base Course Gradation 0.60 If the P for gradation, asphalt cement content, or compaction for Items 301 or 403 is 3 or greater and asphalt cement is not paid for separately, the reduction will apply to the contract price multiplied by the following Multiplier (M) listed in the following table: Multiplier for HBP Price Reductions Where Asphalt Cement is not Paid for Separately Item Number -Name Element Multiplier M 301-Plant Mixed Bituminous Base Gradation, Asphalt Cement Content, or Compaction 0.60 403-Stone Mastic Asphalt 0.60 403-Hot Bituminous Pavement* Hydrated Lime Gradation 0.60 i no r vawe for nyaratea nme snail De appuea to the pnce of the HBP item. Lime gradation P values will not be combined with Pay Factors for other elements The following equation shows how the Multiplier is used to determine the price reduction. Price reduction = (P/100) X Multiplier X Price per Unit.X Quantity. SSP 7 City of Fort Collins Administrative Services Purchasing Division CITY OF FORT COLLINS ADDENDUM No. 2 Bid #5866 SH 287 & LAKE STREET MEDIAN IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid #5866 SH 287 & Lake Street Median Improvements OPENING DATE: June 30, 2004, 3:00p.m. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. Bid Sheet has been revised as follows: Item 214.01 is reduced to 5 trees. Item 623.01 is added. Please use the attached Addendum #2 Bid Schedule when submitting your bid. Add Plan Sheet IP-1, "College & Lake Intersection / Irrigation Plan" to project plan set. Add "Revision of Section 623 — Irrigation System" specifications, pages 1 through 6, to the project specifications and contract documents. Delete Force Account item "Median Irrigation". If you have any questions please call John Stephen, CPPO, Senior Buyer, at 970-221-6777. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub - bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform 12/03 Section 00100 Page 1 Federal Aid Project # SHE 2873-128 Project Code # 14591 If no multiplier is listed no adjustment to the computed P is required. This is equivalent to a multiplier of one. Price reduction for those elements which are not included in the Table of Price Reduction Factors will be determined by the Engineer. -- Superpave Performance Graded Binders. Superpave Performance Graded binders shall be price reduced according to. the following if the requirements of subsection 702.01 are not met: (1) High Service Temperature Requirements from Table 702-3 The Dynamic Shear (G*/sina, kPa) of Rolling Thin Film Oven (RTFO) residue will be measured at the appropriate temperature for the binder type, as specified in Table 702-3. If the Dynamic Shear of the RTFO aged binder is less than 2.20 kPA , the temperature at which G*/sind = 2.20 kPa will be determined. A ❑P❑ of 3 shall be applied for each degree C the material temperature must be lowered below the specified temperature to achieve a Dynamic shear of 2.20 kPa. Price adjustments for high service temperature properties will be calculated as follows: P(high)= 3 ❑ [Tspec - TDs] , Where TDs = Temperature in *C where G*/sin = 2.20 kPa T,.= Appropriate test temperature in *C for binder specified from Table 702-2 (2) Low Service Temperature Requirements from Table 702-2: The m-value of Pressure Aging Vessel (PAV) aged binder will be measured at the appropriate temperature (T$pec) as specified in Table 702-2. If the m-value is less than 0.300, the test temperature at which the m-value = 0.300 will be determined. A "P" of 3 shall be applied for each degree C the material temperature must be raised above the specified test temperature to achieve an m-value of 0.300. Price adjustments for low service temperature properties will be calculated as follows: _ P(low) = 3 ❑ [T. - Tspec] Where Tm = Temperature in *C where m-value=,0.300 T,,.= Appropriate test temperature in *C for binder specified from Table 702-2 (3) The price reductions will be cumulative. When the binder is included in the contract unit price for HBP, the total price reduction will be calculated as follows: P(total) = P(low)+P(high) Amount of Reduction = [P(total)]❑ [(1110Q)❑ (Invoice price for PG Binder)] When binder is paid for separately, the total price reduction will be calculated as follows: P(total) = P(low)+P(high) Amount of Reduction = [P(total)]❑ [(1/10Q)0 (Contract Unit price for PG Binder)] SSP 8 Federal Aid Project # SHE 2873-128 Project Code # 14591 (4) Price reductions based on the "F" factors in the Table of Price Reduction Factors will be added to the P (low) and P (high) price reductions described in 105.03. Other binder requirements listed in Table 702-2 will be tested, but will not be considered for price reduction calculations. However, the Contractor shall not be allowed to continue to produce mix with out of specification Superpave PG asphalt binder. If two consecutive samples fail to meet all requirements listed in 702-2, the Contractor shall take corrective action before being allowed to continue production of Hot Bituminous Pavement. If proper corrective measures cannot be readily determined, the Engineer will suspend the use of such material until the Engineer can determine from Laboratory tests that the Contractor can provide material that is in compliance with Table 7024 The Contractor will not have the option of accepting a price reduction in lieu of producing specification material. Continued production of non -specification material will not be permitted. Material which is obviously defective may be isolated and rejected without regard to sampling sequence or location within a lot. SSP 9 Federal Aid Project # SHE 2873-128 Project Code # 14591 June 6, 2002 REVISION OF SECTIONS 105 AND 618 CONTRACTOR SUBMITTALS Sections 105 and 618 of the Standard Specifications are hereby revised for this project as follows: In subsection 105.02, delete Table 105-1 and replace with the following: TABLE 105-1 RI IMMARY OF CONTRACTOR Rt1RMITTAI R SECTION NO. DESCRIPTION TYPE CONTRACTOR P.E. SEAL REQUIRED? 504 MSE Walls (Contractor Alternative) Shop Drawing Yes 504 MSE Walls (Default Design) Shop Drawing No . 508 Timber Structures Shop Drawing No 509 Steel Structures Shop Drawing No 512 Bearing Devices Type 11 Shop Drawing No 512 Bearing Devices Type III Shop Drawing Yes 514 Pedestrian and Bikeway Railing Working Drawing No 518 Expansion Devices: 0-100 mm (0-4") Working Drawing No 518 Expansion Devices: 0-150, 225, 300... mm (0-6", 9, 12. 2 ... Shop Drawing Yes 601 & 618 Precast Panel Deck Forms Working Drawing No 601 Permanent Steel Bridge Deck Forms Working Drawing Yes 601 Falsework Working Drawing Yes 602 Reinforcing Steel Working Drawing No 606 Bridge Railing Working Drawing No 607 Sound Barriers (Alternative) Shop Drawing Yes 607 Sound Barriers (Default Design) Working Drawing No 613 Light Standards (Low Mast) Working Drawing Yes 613 Light Standards (High Mast) Working Drawing Yes 614 Overhead Sign Structures Shop Drawing Yes* 614 Traffic Signal Pole (Mast Arm) Shop Drawing No 614 Traffic Signal Pedestal Pole Working Drawing No 614 Traffic Signal Equipment Working Drawing No 618 Prestressed Concrete (Pre -tensioned) Shop Drawing Yes* 618 Prestressed Concrete (Post -tensioned) Shop Drawing Yes* 628 Pre -fabricated Pedestrian Bridges Shop Drawing Yes *A PE seal is required where the Contractor has provided the design for the item, or performed engineering to modify the details shown on the plans. The PE seal is not required where complete details are provided on the plans. Subsection 618.04 (a) shall include the following: SSP 10 Federal Aid Project # SHE 2873-128 Project Code # 14591 Minor changes to design details or engineering drawings that do not represent a significant change to the original design will not require a Professional Engineer seal. The. Contractor shall submit supporting calculations for these changes along with the shop drawings. SSP 11 Federal Aid Project # SHE 2873-128 Project Code # 14591 October 4, 2001 REVISION OF SECTIONS 106 AND 620 — QUALIFICATION OF TESTING PERSONNEL AND LABORATORIES Sections 106 and 620 of the Standard Specifications are hereby revised for this project as follows: Add subsection 106.031, immediately following subsection 106.03, as follows: 106.031 Qualification of Testing Personnel and Laboratories. Personnel performing tests used in mix design or the acceptance / rejection / price adjustment decision, and the laboratories in which those tests are performed, shall be qualified in accordance with Colorado Procedure 10. -- Subsections 620.03 and 620.04 shall include the following: Each laboratory shall be qualified in accordance with Colorado Procedure 10. SSP 12 Federal Aid Project # SHE 2873-128 Project Code # 14591 March 11, 2004 REVISION OF SECTIONS 107 AND 412 CONCRETE WASTEWATER CONTAINMENT Sections 107 and 412 of the Standard Specifications are hereby revised for this project as follows: Delete subsection 107.25(a) 3 and replace with the following: 3. State Waters. Based on 25-8-103 (19) CRS, state waters are defined to be any and all surface and subsurface waters which are contained in or flow through the state, including, streams, rivers, lakes, drainage ditches, storm drains, ground water, and wetlands, but not including waters in sewage systems, waters in treatment works or disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed. Subsection 107.25(b)11 shall include the following: Removal of concrete waste and washout water from mixer trucks, concrete finishing tools, concrete saw and all concrete material removed in the course of construction operations or cleaning shall be performed in a manner. that prevents waste material from entering state waters. A minimum of 10 days prior to the start of concrete operations, the Contractor shall submit in writing a method for containing concrete wastewater to the Engineer for approval. Subsection 412.07(c) shall include the following: Wastewater generated from concrete saw operations shall be contained and disposed of in accordance with subsection 107.25. Subsection 412.12 shall include the following: Wastewater generated from concrete finishing operations shall be contained and disposed of in accordance with subsections 107.25. SSP 13 Federal Aid Project # SHE 2873-128 Project Code # 14691 ^ September 6, 2002 REVISION OF SECTION 108 SUBLETTING OF CONTRACT Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.01, delete the second paragraph and replace with the following: The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall perform work amounting to 30 percent or more of the original. total cost of bid items. Any items designated in the contract as "specialty items" may be performed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the original total cost of bid items before computing the amount of work required to be performed by the Contractor's own organization. SSP 14 Federal Aid Project # SHE 2873-128 Project Code # 14591 May 31, 2001 REVISION OF SECTION 109 ADJUSTMENTS FOR CHANGES IN COMMON CARRIER RATES Section 109 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 109.08. SSP 15 Federal Aid Project # SHE 2873-128 Project Code # 14591 July 21, 1999 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES Section 109 of the Standard specifications is hereby revised for this project as follows: In subsection 109.01, following paragraph 15, add the following: _ The Engineer will randomly verify the accuracy of the certified weigher on every project where the weights are manually entered on the scale ticket. This verification will consist of at least one comparison check on the project. Additional verification checks may be required as determined by the Engineer. The Engineer will randomly select a loaded truck after the truck has been issued a scale ticket by the. certified weigher. The loaded truck will then be reweighed, in the presence of the Engineer, on the same scale and the weight compared with the weight on the scale ticket. Reweighed loads shall be within the tolerance of 100 (kg 200 pounds) plus or minus. — The Engineer will also verify the accuracy of computerized scales. Computerized scales are scales that automatically print weights on the scale ticket. This verification will consist of at least one comparison check when the project requires more than 2500 metric tons (2500 tons) of material to be weighed. This comparison check shall be made by reweighing a loaded vehicle. The Contractor shall either provide a second certified scale or select a second certified scale in the vicinity to be used for the comparison check. Comparison checks shall be performed using the following procedures: (1) Hopper Scale. A loaded truck will be randomly selected by the Engineer. The loaded truck shall be weighed on a certified platform scale to record the gross weight. The truck shall be unloaded and weighed again on the same scale to record the tare weight. " The tare weight shall be subtracted from the gross weight and compared against the net weight recorded on the scale ticket. (2) Platform Scales. A loaded truck will be randomly selected by the Engineer. The loaded truck shall be reweighed on a second certified scale and the gross weight shall be compared against the gross weight on the first scale ticket. -' Should a comparison check reveal a weight difference of more than one percent, a second comparison check shall be performed immediately. If the weight differences of both _ comparison checks exceed the one percent limit, the Contractor shall immediately stop weighing and the scale shall be recertified and resealed at the Contractor's expense. The necessary adjustments as indicated by the recertification will be made to all scale tickets _ .issued since the last certification or on the entire project, whichever occurred later, unless the Contractor demonstrates to the satisfaction of the Engineer that the defect in the scale was present for a lesser period of time. If it is necessary to recertify a scale, and more than 2500 metric tons (2500 tons) of material remain to be weighed, another scale comparison check shall be made. All comparison checks shall be made at the Contractor's expense. _ SSP 16 Federal Aid Project # SHE 2873-128 Project Code # 14591 REVISION OF SECTION 109 PARTIAL PAYMENTS October 5, 2000 Section 109 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 109.06(a) and replace with the following: (a) Standard Amount Retained. The Department will make a deduction from the progress estimate in the amount considered necessary to protect the interests of the State, pursuant to Section 24-91-103, CRS. The amount to be retained will be 1.5 percent of the value of the completed work on items which are performed solely by the Contractor's own forces, exclusive of mobilization and payments for materials on hand. No retainage will be withheld from payment for completed work on items which are partially or completely subcontracted. No further amount will be retained if the Contractor makes satisfactory progress in the Contract work: The amount retained will be in effect until such time as final payment is made, with the following exception which requires the Contractor's written request and consent of the Surety: Upon completion and acceptance of the project, after the project quantities are finalized, and the Contractor has submitted all necessary forms the Department requires for project completion, the Engineer may make reduction in the amount retained. Subsection 109.06 shall include the following: (e) Prompt Payment. The Contractor shall pay subcontractors and suppliers for 109 percent of all work which has been satisfactorily completed within seven calendar days after receiving payment for that work from the Department. For the purpose of this section only, work shall be considered satisfactorily complete when the Department has made payment for the work. A determination that all the subcontractor's work is satisfactorily complete and payment for 100 percent of the work does not relieve the Contractor or subcontractor from any contractual obligations. The Contractor shall not withhold retainage from payments to subcontractors or suppliers. The Contractor shall include in all subcontracts a provision that this requirement for prompt payment and prohibition of retainage from payments to subcontractors and suppliers must be included in all subcontracts at every tier. If the Contractor fails to comply with this provision the Engineer will not authorize further progress estimates until the required payments have been made and the Contractor agrees to make payments as specified. (f) Good Cause Exception. If the Contractor has "good cause" to delay or withhold a subcontractor's progress payment, the Contractor shall notify the Department and the subcontractor in writing within seven calendar days after receiving payment from the Department. The notification shall specify the amount being withheld and provide SSP 17 the contract or provide the services required, (2) whether the bidder can -- perform the contract or provide the service promptly and within the time specified. without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the ^ quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of thebidderto perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the — contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. — 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiari e himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiari e himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, — and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of Subsurface and hysical Conditions SC 4.2. 4.3. The submission of a Bid will constitute an incontrovertible — representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, _ methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTER RETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to 12/03 Section OO100 Page 2 Federal Aid Project # SHE 2873-128 Project Code # 14591 adequate justification for withholding the payment. The notice shall also clearly state what conditions the subcontractor must meet to receive payment. "Good cause" _ shall include but not be limited to the failure of the subcontractor to make timely submission of required paperwork Add subsection 109.11 which shall include the following: 109.11 Compensation for an Overpayment for a Subcontracted Item on a Progress -- Estimate. If the Department makes an overpayment on a progress estimate for work which has been done by a subcontractor, and if the Contractor pays the subcontractor for this erroneous quantity and can not recover the amount of the overpayment, the Department may compensate the Contractor for the amount of the overpayment. Compensation will be made if the following conditions are met: (a) The Department has corrected the overpayment and reduced the amount paid to the Contractor. (b) All work by the subcontractor has been completed and the Contractor owes .no money to the subcontractor when the overpayment is discovered. If money is owed at the time the overpayment is discovered, the Contractor shall deduct the amount of the -- overpayment before making final payment to the subcontractor. (c) The Contractor has made all reasonable efforts to recover the overpayment amount and — has been unsuccessful. The Contractor shall provide documentation detailing its efforts. After compensation by the Department for the overpayment, the Contractor shall return to the Department all of this overpayment subsequently recovered from the subcontractor. SSP 18 Federal Aid Project # SHE 2873-128 Project Code # 14591 Revision of Section 208 Erosion Control March 11, 2004 Section 208 of the Standard Specifications is hereby revised for this project as follows: Subsection 208.02 shall include the following: (i) Erosion Logs. Erosion logs shall be curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, photodegradable tube netting and shall have minimum dimensions as shown in Table 208- 1, based on the diameter of the log called for in the plans. The curled aspen wood excelsior shall be fungus free, resin free and shall be free of growth or germination inhibiting substances. TABLE 208-1 Nominal Dimensions of Erosion Logs Diameter Length Weight (minimum) Stake dimensions 8 inch 7-10 feet 1.6 Ibs/foot) 1.5 x 1.5 x 20 inches 12 inch 7-10 feet 2.5 Ibs/foot 1.5 x 1.5 x 24 inches 18 inch 7-10 feet 4 lbs/foot 1.5 x 1.5 x 30 inches Stakes to secure erosion logs shall consist of pinewood or hardwood. (j) Silt Dikes. Silt dikes shall be pre -manufactured triangular shaped urethane foam covered with a woven geotextile fabric. The fabric aprons shall extend a minimum of two feet beyond each side of the triangle. Each silt dike shall have the following dimensions: Center height 8 to 10 inches Base 16 to 21 inches Section length 3 to 7 feet Section width including fabric extensions 5.6 feet (k) Concrete Washout Structure. The Contractor shall design and construct a concrete washout structure that will contain washout from concrete placement and construction equipment cleaning operations. Embankment required for the concrete washout structure may be excavated material, provided that this material meets the requirements of Section 203 for embankment. In subsection 208.03(a), delete the last paragraph and replace with the following: SSP 19 Federal Aid Project # SHE 2873-128 Project Code # 14591 — The Engineer will approve or reject the written proposal in writing within two weeks after the _ submittal. The Engineer may order additional control measures prior to approving the proposed modifications. The Contractor shall be responsible for amendments to permits or certifications required as a result of the approved changes. Modifications to the erosion control measures shall not be reason for extension of contract time. — In subsection 208.03(c) delete item (4) and replace with the following: (4) Inspect, with the Engineer or designated representative, all erosion control features implemented for the project. The inspections shall take place at least once every 14 calendar days and after each storm event that causes surface runoff. A report shall be submitted to the Engineer after every inspection and shall become part of the Department's — project records. The appropriate form for this report will be supplied by the Engineer. The inspections shall be made during the progress of the work, during work suspensions, and until final acceptance of the work. During project suspensions, inspections shall take place _ at least once every 30 calendar days, or as directed. Delete subsection 208.04(b) and replace with the following: (b) Work Outside the Right of Way. In areas outside the right-of-way that are used by the Contractor and which Include, but are not limited to, borrow pits, haul roads, storage and disposal areas, maintenance, batching areas, etc., erosion and sediment control work shall be performed by the Contractor at the Contractor's expense. In subsection 208,04(d) the second paragraph shall include the following as the last sentence: _ If approved by the Engineer, slopes from the edge of pavement to the point of slope selection may be left unseeded until paving has been completed. _ In subsection 208.04(d) delete the third paragraph and replace with the following: The duration of the exposure of uncompleted construction to the elements shall be as short as practicable. Completed areas shall be permanently stabilized within seven calendar days after completion. Disturbed areas where work is temporarily halted shall be temporarily stabilized _ within seven days after the activity ceased unless work is to be resumed within 30 calendar days after the activity ceased. Payment for temporary stabilization will be made at the contract unit price if the work was interrupted due to no fault or negligence of the Contractor. Payment _ will not be made for temporary stabilization required by Contractor's negligence, by the lack of proper Contractor scheduling or for the convenience of the Contractor. _ Subsection 208.05 shall include the following: (1) Erosion Logs. The Contractor shall maintain the erosion logs during construction to prevent sediment from passing over or under the logs or from sediment accumulation greater than two thirds of the original exposed height of each erosion log. _ Stakes shall be embedded to a minimum depth of 12 inches. At the discretion of the Engineer, a shallower depth may be permitted if rock is encountered. _ SSP 20 Federal Aid Project # SHE 2873-128 Project Code # 14591 (m)Silt Dikes. Prior to installation of silt dikes, the Contractor shall prepare the surface of the areas in which the dikes are to be installed such that are they free of materials greater than two inches in diameter and are suitably smooth for the installation of the silt dikes, as approved by the Engineer. Dikes shall be secured with "U" staples, 8 inches in length and 11-gauge minimum, placed in two rows per apron along edges one foot on center. The staple pattern shall be as shown on the plans. (n) Concrete Washout Structure Design. The concrete washout structure shall be designed to meet or exceed the dimensions shown in the plans. At least 10 days prior to start of paving operations, the Contractor shall submit in writing a method statement outlining the design, site location and installation of a concrete structure that will contain washout from concrete placement operations. Work on this structure shall not begin until written acceptance is provided by the Engineer. The structure shall meet the following requirements: (1) Structure shall contain all washout water. (2) Stormwater shall not carry wastes from washout/disposal location. (3) The site shall be located a minimum of 50 horizontal feet from state waters and shall meet all requirements for containment and disposal as defined in subsection 107.25. (4) The site shall be signed as "Concrete washout". 5) Each concrete truck driver/pumper operator shall be aware of site locations. (6) The site shall be accessible to appropriate vehicles. (7) The bottom of excavation shall be a minimum of five feet vertical above groundwater or, alternatively, excavation must be lined with an impermeable synthetic liner that is designed to control seepage to a maximum rate of 1 0-6centimeters per second. (8) Freeboard capacity shall be included into structure design to reasonably ensure the structure will not overtop during or because of a precipitation event. (9) All measures shall be taken to prevent tracking of washout material onto roadway surface. (10) Adding solvents, flocculents, or acid to washwater is prohibited. The structure shall be fenced with orange plastic construction fencing or equivalent fencing material to provide a barrier to construction equipment and to aid in identification of the concrete washout area. The concrete washout structure shall be completed and ready for use prior to concrete placement operations. Waste material from concrete washout operations shall be removed and disposed of in accordance with subsection 208.04 (f) when it has accumulated to two-thirds of the wet storage capacity of the structure. Delete subsection 208.05(e) and replace with the following: (e) Temporary Diversion. Unless otherwise specified in the Contract or directed, the diversion's ridge and channel shall be stabilized within 14 calendar days of its installation. The diversion shall be installed prior to any up slope land disturbance. Subsection 208.06 shall include the following: SSP 21 Federal Aid Project # SHE 2873-128 Project Code # 14591 208.06 Failure to Perform Erosion Control. The Contractor will be subject to a disincentive for incidents of failure to perform erosion control as required by the Contract. Incidents to which this disincentive may be applied include the following: (1) Failure to submit an initial schedule or failure to submit a weekly schedule update as specified in subsection 208.03(b). (2) Failure of the Erosion Control Supervisor to perform the inspections required by subsection 202.03(c)4. (3) Failure of the Erosion Control Supervisor to implement necessary actions requested by the Engineer as required by subsection 208.03(c)6. (4) Failure to design and implement erosion and sediment control measures for unforseen conditions as required by subsection 208.04(a). (5) Failure to construct or implement erosion control or spill containment measures required by the Contract, or failure to construct or implement them in accordance with the Contractor's approved schedule as required by subsection 208.04(c). (6) Failure to limit the exposed surface area of erodible earth to 34 or fewer acres (13.8 or fewer ha) as required by subsection 208.04(d). (7) Failure to temporarily stabilize areas where work is temporarily halted within 7 days as required by subsection 208.04(d). (8) Failure to perform maintenance of an erosion control feature within 48 hours after notice from the Engineer to perform maintenance as required by subsection 208.04(e). (9) Failure to remove and dispose of sediment from erosion control features as required by — subsection 208.04(f) and subsections 208.05(c), (h), 0), and (k). (1o) Failure to install and properly utilize a concrete washout structure for containing washout from concrete placement operations _ The Engineer will notify the Contractor in writing of each incident of failure to perform erosion control, items (1) through (10) above. The Contractor will be allowed 7 calendar days from the _ date of notification to correct the failure. The Contractor will be charged liquidated damages in the amount of $500 for each calendar day after the seventh day that one or more of the incidents of failure, items (1) through (10) above, remains uncorrected. This deduction will not _ be considered a penalty, but will be considered liquidated damages based on estimated additional construction engineering costs. The liquidated damages will accumulate, for each cumulative day that one or more of the incidents remains uncorrected. The number of days to _ which liquidated damages are assessed will be cumulative for the duration of the project; that is: the damages for a particular day will be added to the total number of days for which liquidated damages are accumulated on the project. The liquidated damages will be deducted _ from any monies due the Contractor. In subsection 208.07, delete the second paragraph and replace with the following: Silt fence, erosion logs, silt dikes, temporary berms, temporary diversions, temporary drains, and brush barriers will be measured by the actual number of linear feet that are installed and accepted. Stakes, anchors, connections and tie downs used for temporary slope drains will not be measured and paid for separately, but shall be included in the work. Concrete washout structure will be measured by the actual number of structures that are installed and accepted, and will include excavation, embankment, concrete, liner, erosion bales, fencing, and containment and disposal of concrete washout and all other associated waste material. SSP 22 Federal Aid Project # SHE 2873-128 Project Code # 14591 Subsection 208.08 shall include the following: Pay Item Pay Unit Erosion Log ( Inch) Linear Foot Silt Dike Linear Foot Concrete Washout Structure Each SSP 23 Federal Aid Project # SHE 2873-128 Project Code # 14591 _ May 31, 2001 REVISION OF SECTION 209 DUST PALLIATIVES Section 209 of the Standard Special Provisions is hereby revised for this project as follows: In subsection 209.02, delete the second paragraph. In subsection 209.05, delete the second paragraph and replace with the following: Dust palliative shall consist of water. Application of water shall be done with acceptable sprinkling — equipment at an appropriate rate as approved by the Engineer. In subsection 209.08, delete the third paragraph. _ SSP 24 L.. Federal Aid Project # SHE 2873-128 Project Code # 14591 REVISION OF SECTION 401 BITUMINOUS PAVER January 16, 2004 Section 401 of the Standard Specifications is hereby revised for this project as follows: Subsection 401.10 shall include the following: The bituminous paver shall be equipped with a means of preventing the segregation of the coarse aggregate particles from the remainder of the bituminous plant mix when that mix is carried from the paver hopper back to the paver augers. The means and methods used shall be approved by the paver manufacturer and may consist of chain curtains, deflector plates, or other such devices and any combination of these. The following specific requirements shall apply to the identified bituminous pavers: (1) Blaw-Knox bituminous pavers shall be equipped with the Blaw-Knox Materials Management Kit (MMK). (2) Cedarapids bituminous pavers shall be those that were manufactured in 1989 or later. (3) Caterpillar bituminous pavers shall be equipped with deflector plates as identified in the December 2000 Service Magazine entitled "New Asphalt Deflector Kit {6630, 6631, 6640}". Prior to the start of using the paver for placing plant mix, the Contractor shall submit for approval a full description in writing of the means and methodologies that will be used to prevent bituminous paver segregation. Use of the paver shall not commence prior to receiving approval from the Engineer. The Contractor shall supply a Certificate of Compliance that verifies that the approved means and methods used to prevent bituminous paver segregation have been implemented on all pavers used on the project. SSP 25 Federal Aid Project # SHE 2873-128 Project Code # 14591 October 14, 2003 REVISION OF SECTION 401 PLANT MIX PAVEMENTS - GENERAL Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.02(b), delete the eighth, ninth, and tenth paragraphs (last three paragraphs) and replace with the following: If one or more samples fail to meet the requirements of Table 401-2, material from the area represented by the failing sample will be evaluated as follows: — If the area represented by the failing sample contains 2000 tons of the new pavement or less, then the result for the failing sample shall be considered a lot of one and will be evaluated according to the _ formulas and procedures in subsection 105.03. If the area represented by the failing sample contains more than 2000 tons of the new pavement, then the material from the area represented by the failing sample will be sampled and tested according to the following method: Pavement samples for possible moisture susceptibility testing will be taken at a minimum frequency of every 2000 tons throughout the project. The Engineer will observe the sampling, take possession of the samples, and retain these samples for possible testing. Sample size shall be a minimum of 9 kg (20 pounds). If a 10,000 ton sample fails then the four 2000 ton samples from the area represented by that failing 10,000 ton sample will be tested for moisture susceptibility. The 10,000 ton result and the four 2,000 ton result will be considered a lot of five and will be evaluated according to the formulas and procedures in subsection 105.03. If less than four retained samples are on hand because the 10,000 _ ton sample represents less than 8000 tons of hot bituminous pavement, the price adjustment will be based on the test results from the retained samples on hand plus the test result from the 10,000 ton sample. For the above evaluation the "F factor used in calculating P factors shall be 2.5. The P value shallbe applied to price of the HBP item. If asphalt cement is not paid for separately the price reduction shall be multiplied by 0.60. Lottman P values will not be combined with Pay Factors for other elements determined in accordance with QC/QA specifications. -. In subsection 401.14, delete (b) and replace with the following: (b) Dry Lime Added to Wet Aggregate. The dry hydrated time shall be added to aggregate wetted a minimum of two percent above the surface saturated dry condition (SSD) of the blended aggregate as shown on the Form 43, and then thoroughly mixed in an approved pugmill. The Engineer will not require the Contractor to go above five percent total moisture, although the Contractor may elect to do so if the added water is necessary to meet the minimum Lottman specification. — Subsection 401.14 shall include the following: In order to ensure the required lime and water quantities are introduced, lime and water feed for lime — operation shall have control systems that change introduction rates in conjunction with changes in plant mix production. The control systems shall be documented in the Contractor's QC Plan. When a test for aggregate percent moisture falls below the required minimum, the Contractor will receive a warning. When two consecutive tests for aggregate percent moisture fall below the required . SSP 26 Federal Aid Project # SHE 2873-128 Project Code # 14591 minimum, a follow up test will immediately be performed. A failure on the follow up test will result in suspension of work. Production will remain suspended until the source of the problem is identified and corrected. Each time production is suspended, corrective actions shall be proposed in writing by the Contractor and approved in writing by the Engineer before production may resume. In subsection 401.16, delete the last paragraph and replace with the following: If at any time, the Engineer observes segregated areas of pavement, he will notify the Contractor immediately. After rolling, segregated areas will be delineated by the Engineer and evaluated as follows: (1) The Engineer will delineate the segregated areas to be evaluated and inform the Contractor of the location and extent of these areas within two calendar days, excluding weekends and holidays, of placement. (2) In each segregated area or group of areas to be evaluated, the Contractor shall take five 10" cores at random locations designated by the Engineer. In accordance with CP 75, the Contractor shall also take five 10" cores at random locations designated by the Engineer in non -segregated pavement adjacent to the segregated area. These cores shall be within 30 feet of the boundary of the segregated area and in the newly placed pavement. The coring shall be in the presence of the Engineer and the Engineer will take immediate possession of the cores. The Contractor may take additional cores at the Contractors expense. (3) Gradation of the aggregate of the cores will be determined by CDOT in accordance with Colorado Procedure 46. (4) The core aggregate gradations from the segregated area will be compared to the core aggregate gradations of the corresponding non -segregated area. (5) Two key sieves of the core gradations from the segregated area will be compared to the core gradations from the corresponding non -segregated area to determine the difference. If differences for both key sieves exceed the allowable difference specified in the table below, the area is segregated. Table for Segregation Determination Mix Grading Key Sieves Allowable Difference, % SX #8, #4 9 S #8, #4 g (6) Segregated areas in the top lift shall be removed and replaced, full lane width, at the Contractor's expense. The Engineer may approve a method equivalent to remove and replace that results in a non -segregated top lift. Segregated areas in lifts below the top lift, that are smaller than 50 square feet per 100 linear feet of lane width, will be corrected by the Contractor at the Contractor's expense in a manner acceptable to the Engineer. Segregated areas larger than 50 square feet per 100 linear feet of lane width in any lift shall be removed and replaced, full lane width, by the Contractor at the Contractor's expense. (7) If the area is determined to be segregated, the coring will be at the expense of the Contractor. If the area is determined to be non -segregated, the Engineer shall reimburse the Contractor $2,000 for obtaining the ten cores. SSP 27 be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty- first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LI.QUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment 12/03 Section 00100 Page 3 Federal Aid Project # SHE 2873-128 Project Code # 14591 Subsection 401.17 shall include the following: The longitudinal joints shall be compacted to a target density of 92 percent of the maximum specific gravity. The tolerance shall be t 4 percent. Maximum speck gravity will be that shown on the Form 43 for the asphalt mix used in construction of the joint. If two Form 43's apply to the joint material, the average of the maximum spec gravities shown on the Form 43's will be used. Density (percent relative compaction) will be determined in accordance with Colorado Procedure 44. The Contractor shall obtain one 6-inch diameter core at a random location within each longitudinal joint sampling section for determination of the joint density. The Contractor shall drill the cores at the location directed by the Engineer and in the presence of the Engineer. The Engineer will take possession of the cores for testing. The Contractor may take additional cores at the expense of the — Contractor. Coring locations shall be centered on the line where the joint between the two adjacent lifts abut at the surface. Core holes shall be repaired by the Contractor using materials and methods approved by the Engineer. _ Payment will apply to the hot bituminous pavement on each side of the joint that forms the joint. If a lift of pavement has a joint constructed on both sides, payment for each of those joints will apply to one _ half of the pavement between the joints. Subsection 401.22 shall include the following: Coring for longitudinal joint density testing, core hole repair and associated expenses will not be paid for separately but shall be included in the work. Traffic control for this work will be paid for in accordance with the contract. — 1*iUP 3 Federal Aid Project # SHE 2873-128 Project Code # 14591 March 4, 2002 REVISION OF SECTION 401 WEATHER LIMITATIONS AND PLACEMENT TEMPERATURES Section 401 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 401.07 and replace with the following: 401.07 Weather Limitations and Placement Temperatures. Plant mix pavement shall be placed only on properly prepared unfrozen surfaces which are free of water, snow, and ice. The plant mix pavement shall be placed only when both the air and surface temperatures equal or exceed the temperatures specked in Table 401-3 and the Engineer determines that the weather conditions permit the pavement to be properly placed and compacted. Table 401-3 Placement Temperature Limitations in °f: Compacted Layer Thickness in mm (inches) Minimum Surface and Air Tempera ure C (OF) Top Layers Below Layer To Layer <38 (1%) 15 (60) 10 (50) 38 (1%) - <75 (3) 10 (50) 5 (40) 75 3 or more 7 45 2 35 Note:Air temperature is taken in the shade. Surface is defined as the existing base on which the new pavement is to be placed. If the temperature falls below the minimum air or surface temperatures, paving shall stop. The Contractor shall schedule the work so that no planed or recycled surface is left without resurfacing for more than 10 calendar days during the period specified in Table 401-3A, below. The Contractor shall immediately place a temporary hot bituminous pavement layer on any surface that has been planed or recycled and can not be resurfaced in accordance with the above temperature requirements within 10 calendar days after being planed or recycled. The minimum thickness of the temporary hot bituminous pavement layer shall be 50 mm (2 inches). The Contractor shall perform the quality control required to assure adequate quality of the hot bituminous pavement used in the temporary layer. All applicable pavement markings shall be applied to the temporary layer surface. The Contractor shall maintain the temporary layer for the entire period that it is open to traffic. Distress which affects the ride, safety, or serviceability of the temporary layer shall be immediately corrected to the satisfaction of the Engineer. The temporary hot bituminous pavement layer shall be removed when work resumes. Table No. 401-3A Periods Ramdrinn t)varinv of Trantnrl ce irfnr•nc Period During Which Planed or Recycled Location by Elevation Surfaces Must be Overlaid within Ten Days All areas below and including 2100 m 7000 feet October 1 to March 1 All areas above 2100 m (7000 feet) up to and including 2600 m (8500 September 5 to April 1 feet All areas above 2600 m (85.00 feet) August 20 to May 15 SSP 29 Federal Aid Project # SHE 2873-128 Project Code # 14591 In Subsection 401.15, delete Table 401-4 and replace with the following: TARLF 401-4 Asphalt Grade Minimum Mix Discharge Temperature, °C (OF)* Minimum Delivered Mix Temperature, °C (OF)** PG 58-28 135 `(275) 113 (235) PG 64-22 143 (290) 113 (235) PG 76-28 160 (320) 138 (280) PG 64-28 160(320) 138 (280) PG 58-34 149 (300) 138 (280) * The maximum mix discharge temperature shall not exceea the minimum aischarge temperature by more than 17 °C (30 OF) ** Delivered mix temperature shall be measured behind the paver screed. In subsection 401.17, first paragraph, delete the last 2 sentences and replace with the following: When the mixture contains unmodified asphalt cement (PG 58-28 or PG 64-22) or modified (PG 58-34), and the surface temperature falls below 850C (185 OF), no further compaction effort will be permitted unless approved. If the mixture contains modified asphalt cement (PG 76-28 or PG 64-28) and the surface temperature falls below 110 *C (230 OF), no further compaction effort will be permitted unless approved. — Subsection 401.22 shall include the following: All costs of the temporary hot bituminous pavement layer required according to subsection 401.07, maintenance and removal of the temporary pavement layer, temporary pavement marking, and traffic control will not be paid for separately, but shall be included in the work. SSP 30 Federal Aid Project # SHE 2873-128 Project Code # 14591 June 13, 2003 REVISION OF SECTION 601 STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 601.02 and replace with the following: 601.02 Classification. The classes of concrete shown in Table 601-1 shall be used when specified in the Contract. Table 601-1 Concrete Table Concrete Required Cement Content: Air Content: Water Cement Class Field Minimum or % Range Ratio: Compressive Range (kglm3) (Total) Maximum or Strength Range MPa B 25 (3000 psi) 335 5-8 N/A at 28 days 565 Ibs/ d3 BZ 30 (4000 psi) 362 N/A N/A at 28 days 610 Ibs/ d3 D 30 (4500 psi) 365 to 392 5-8 0.44 at 28 days (615 to 660 Ibs/ d3 DT 30 (4500 psi) 415 5-8 0.44 at 28 days 700 Ibs/ d3 E 30 (4200 psi) 392 4-8 0.44 at 28 days 660 Ibs/ d3 H 30 (4500 psi) 344 to 380 5-8 0.38 - 0.42 at 56 days (580 to 640 Ibs/ d3 HT 30 (4500 psi) 344 to 380 5-8 0.38 - 0.42 at 56 days (580 to 640 Ibs/ d3 P 30 (4200 psi) 392 4-8 0.44 at 28 days 660 Ibs/ d3 S35 35 (5000 psi) 365 to 427 5-8 0.42 at 28 days (615 to 720 Ibs! d3 S40 40 (5800 psi) 365 to 451 5-8 0.40 at 28 days (615 to 760 Ibs/ d3 S50 50 (7250 psi) 365 to 475 5-8 0.38 at 28 days (615 to 800 Ibs/ d3 Class B concrete is an air entrained concrete for general use. Class D or H concrete may be substituted for Class B concrete. Additional requirements for Class B concrete are: Class B concrete shall have a nominal coarse aggregate size of 37.5 mm (1 %z") or smaller, i.e., 100% passing the 50 mm (2") sieve and 90% to 100% passing the 37.5 mm (1'/z") sieve. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. SSP 31 Federal Aid Project # SHE 2873-128 Project Code # 14591 — Class BZ concrete is concrete for drilled piers. Additional requirements for class BZ concrete are: Entrained air is not required unless specified in the Contract. High range water reducers may be added — at the job site to obtain desired slump and retardation. Slump shall be a minimum of 125 mm (5") and a maximum of 200 mm (8"). Class BZ caisson concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class D concrete is a dense medium strength structural concrete. Class H may be substituted for -- Class D concrete. Additional requirements for Class D concrete are: An approved water reducing admixture shall be incorporated in the mix. Class D concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 — mm 0/4") sieve. When placed in a bridge deck, Class D concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class DT concrete may be used for deck resurfacing and repairs. Class HT may be substituted for Class DT concrete. Additional requirements for Class DT concrete are: An approved water reducing admixture shall be incorporated in the mix. Class DT concrete shall contain a minimum of 50% AASHTO M 43 size No. 7 or No. 8 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class E concrete may be used for fast track pavements needing early strength in order to open a pavement to service soon after placement. Additional requirements for Class E concrete are: Type III cement may be used. Class E concrete shall contain a minimum of 55% AASHTO M 43 size No. 357 or No. 467 coarse aggregate. If all transverse joints are doweled, then Class E concrete shall contain a minimum of 55% AASHTO M 43 sizes No. 57, No. 67, No. 357, or No. 467 coarse aggregate. In addition to the compressive strength requirements in Table 601-1 and unless stated otherwise on the — plans, Class E concrete shall achieve a field compressive.strength of 17 MPa (2500 psi) within 12 hours. Laboratory trial mix for Class E concrete must produce an average 28 day flexural strength of at least 4482 kPa (650 psi). Approved fly ash may be substituted for portland cement up to a maximum of — 30% Class F by weight. Class H concrete is used for bare concrete bridge decks that will not receive a waterproofing membrane. Additional requirements for Class H concrete are: An approved water reducing admixture shall be incorporated in the mix. Class H concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Class H concrete shall contain cementitious materials in the following ranges: 267 - 297 kg/m3 (450 - 500 Ibs/yd3) Type II portland cement, 53 - 74 kg/m3 (90 -125 Ibs/yd3) — flyash and 12 - 18 kg/m3 (20 - 30 Ibs/yd3) silica fume. The total content of Type 11 portland cement, flyash and silica fume shall be 344 - 380 kg/m3 (580 - 640 Ibs/yd3). Laboratory trial mix for Class H concrete must not exceed permeability of 2000 coulombs at 56 days (ASTM C 1202). Laboratory trial — mix for Class H concrete must not exhibit a crack at or before 14 days in the cracking tendency test (AASHTO PP 34). Class HT concrete is used as the top layer for bare concrete bridge decks that will not receive a waterproofing membrane. Additional requirements for Class HT concrete are: An approved water reducing admixture shall be incorporated in the mix. Class HT concrete shall contain a minimum of — 50% AASHTO M 43 size No. 7 or No. 8 coarse aggregate. Class HT concrete shall contain cementitious materials in the following ranges: 267 - 297 kg/m3 (450 - 500 Ibs/yd3) Type 11 portland cement, 53 - 74 kg/m3 (90 - 125 Ibs/yd3) flyash and 12 - 18 kg/m3 (20 - 30 Ibs/yd3) silica fume. The total content of Type II portland cement, flyash and silica fume shall be 344 - 380 kg/m3 (580 - 640 lbs/yd3). Laboratory trial mix for Class HT concrete must not exceed permeability of 2000 coulombs at SSP 32 Federal Aid Project # SHE 2873-128 Project Code # 14591 56 days (ASTM C 1202). Laboratory trial mix for Class HT concrete must not exhibit a crack at or before 14 days in the cracking tendency test (AASHTO PP 34). Class P concrete is used in pavements. Additional requirements for Class P concrete are: Class P concrete shall contain a minimum of 55% AASHTO M 43 size No. 357 or No. 467 coarse aggregate. If all transverse joints are doweled, then Class P concrete shall contain a minimum of 55% AASHTO M 43 sizes No. 57, No. 67, No. 357, or No. 467 coarse aggregate. Laboratory trial mix for Class P concrete must produce an average 28 day flexural strength of at least 4482 kPa (650 psi). Class P concrete shall contain 70% to 80% portland cement and 20% to 30% Class F fly ash in the total mass (weight) of cement plus fly ash. Unless acceptance is based on flexural strength, the total mass (weight) of cement plus Class F fly ash shall not be less than 392 kg/m3 (660 lbs/yd3). If acceptance is based on flexural strength, the total mass (weight) of cement plus Class F fly ash shall not be less than 309 kg/m3 (520 Ibs/yd3). Class S35 concrete is a dense high strength structural concrete. Additional requirements for Class S35 concrete are: An approved water reducing admixture shall be incorporated in the mix. Class S35 concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. When placed in a bridge deck, Class S35 concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class S40 concrete is a dense high strength structural concrete. Additional requirements for Class S40 concrete are: An approved water reducing admixture shall be incorporated in the mix. Class S40 concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. When placed in a bridge deck, Class S40 concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class S50 concrete is a dense high strength structural concrete. Additional requirements for Class S50 concrete are: An approved water reducing admixture shall be incorporated in the mix. Class S50 concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. When placed in a bridge deck, Class S50 concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Laboratory trial mix for Class S50 concrete must not exhibit a crack at or before 14 days in the cracking tendency test (AASHTO PP 34). Subsection 601.03 shall include the following: Silica fume admixture shall conform to the requirements of subsection 701.03 Calcium chloride shall not be used in any concrete unless otherwise specified Delete subsection 601.05 and replace with the following: 601.05 Proportioning. The Contractor shall submit a Concrete Mix Design Report consisting of design mix proportions, laboratory trial mix and aggregate data for each class of concrete being placed on the project. Concrete shall not be placed on the project before the Concrete Mix Design Report has been reviewed and approved by the Engineer. The Concrete Mix Design cannot be approved when the laboratory trial mix and aggregate data are the results from tests performed more than a year in the past. The design mix proportions shall show the weights and sources of all ingredients including SSP 33 Federal Aid Project # SHE 2873-128 Project Code # 14591 — cement, fly ash, aggregates, water, additives and the water cement ratio (w/c). When determining the w/c, cement (c) shall be the sum of the weight of the cement, the weight of the fly ash and the weight of silica fume. - The laboratory trial mix data shall include results of the following: (a) AASHTO T 119 Slump of Hydraulic Cement Concrete. (b) AASHTO T 121 Mass per Cubic Meter (Cubic Foot), Yield, and Air Content (Gravimetric) of Concrete. Air content from AASHTO T 152 Air Content of Freshly Mixed Concrete by the Pressure Method may be used in lieu of the air content by the gravimetric method in AASHTO T 121. (c) AASHTO T 22 Compressive Strength of Cylindrical Concrete Specimens shall be performed with at least two specimens at 7 days and three specimens at 28 days. Three additional specimens tested at 56 days shall be required for Class H and HT concrete. (d) Class H and HT concrete shall include a measurement of permeability by ASTM C 1202 Electrical _ Indication of Concrete's Ability to Resist Chloride Ion Penetration. The concrete test specimens shall be two 2 inch thick disks sawed from the centers of two molded 4 inch diameter cylinders cured no more than 56 days in accordance with ASTM C 192 Standard Practice for Making and Curing Concrete Test Specimens in the Laboratory. — (e) Class H, HT and S50 concrete shall include a measurement of cracking by AASHTO PP 34 Standard Practice for Estimating the Cracking Tendency of Concrete. The ring shall be cured in an indoor room with the temperature maintained 180C - 24°C (65°F - 75°F) and relative humidity — not exceeding 40%. (f) Class E and P concrete shall include AASHTO T 97 Flexural Strength of Concrete (Using Simple Beam with Third -Point Loading) performed with two specimens at 7 days and four specimens at — 28 days. (g) Class E concrete shall include a report of maturity relationships in accordance with ASTM C 1074 with the following additions or modifications. The Contractor shall provide a multi -channel — maturity meter and all necessary wire and connectors. The Contractor shall be responsible for the placement and maintenance of the maturity meter and wire. Placement shall be as directed by the Engineer. 1. The cylinders used to establish the compressive strength vs. maturity relationship shall be cast and cured in the field in conditions similar to the project. 2. These cylinders shall be tested in pairs at times which yield compressive strengths three sets of which are at or below 17 MPa (2500 psi) and one of which is above 17 MPa (2500 psi). 3. Testing to determine datum temperature or activation energy will not be required. — 4. A test slab shall be cast at the same time and location as the cylinders. The test slab shall have a length and width of 2 m x 2 m (6 feet x 6 feet) and a thickness equal to the pavement design thickness. The maturity of the test slab, when used in the compressive strength vs. — maturity relationship from the cylinders, shall indicate that a compressive strength of 17 MPa (2500 psi) is achieved in the required time. Slab maturity will be determined with two probes located in the.. slab approximately 300 mm and 600 mm (1 and 2 feet) from the edge. The — test slab shall be covered with a blanket similar to the one to be used on the pavement. Except for class BZ concrete, the maximum slump of the delivered concrete shall be the slump of the approved concrete mix design plus 38' mm (1 Y2"). Except for class H and HT concrete, the laboratory — trial mix must produce an average 28 day compressive strength at least 115 percent of the required 28 day field compressive strength. The laboratory trial mix for Class H or HT concrete must produce an average 56 day compressive strength at least 115 percent of the required 56 day field compressive — strength. SSP 34 Federal Aid Project # SHE 2873-128 Project Code # 14591 The laboratory trial mix shall have a relative yield of 0.99 to 1.02. When Portland Cement Concrete Pavement is paid with a volumetric pay quantity, the relative yield of the concrete produced on the project shall be 0.99 to 1.02. If the relative yield of the produced concrete does not conform to this range for two consecutive yield determinations, concrete production shall cease and the Contractor shall present a plan to correct the relative yield to the Engineer. Aggregate data shall include the results of the following: (1) AASHTO T 11 Materials Finer Than 75 um (No. 200) Sieve in Mineral Aggregates by Washing. (2) AASHTO T 19 Unit Weight and Voids in Aggregate. (3) AASHTO T 21 Organic Impurities in Fine Aggregate for Concrete. (4) AASHTO T 27 Sieve Analysis of Fine and Coarse Aggregates. (5) AASHTO T 84 Specific Gravity and Absorption of Fine Aggregate. (6) AASHTO T 85 Specific Gravity and Absorption of Coarse Aggregate. (7) AASHTO T 96 Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (8) AASHTO T 104 Soundness of Aggregate by Use of Sodium Sulfate or Magnesium Sulfate. (9) AASHTO T 176 Plastic Fines in Graded Aggregates and Soils by use of the Sand Equivalent Test (10) ASTM C 535 Resistance to Degradation of Large -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine (11) ASTM C 1260 Potential Alkali Reactivity of Aggregates (Mortar -Bar Method) Any aggregate with an expansion of 0.10 percent or more at 16 days after casting as determined by ASTM C 1260 shall not be used unless mitigative measures are included in the mix design and subsequent results of CPL 4202 with the design mix proportions show an expansion not exceeding 0.10 percent at 16 days after casting. The Concrete Mix Design Report shall state what mitigative measures were included in the concrete mix design and include results for ASTM C 1260 and CPL 4202. The Concrete Mix Design Report shall include Certified Test Reports showing that the cement, flyash and silica fume admixture meet the specification requirements and supporting this statement with actual test results. The certification for silica fume shall state the solids content if the silica fume admixture is furnished as slurry. Where the Contractor's use of fly ash results in any delay, necessary change in admixture quantities or source, or unsatisfactory work, the cost of such delays, changes or corrective actions shall be bome by the Contractor. The Contractor shall submit a new Concrete Mix Design Report meeting the above requirements when a change occurs in the source, type, or proportions of cement, fly ash, or aggregate. Unless otherwise permitted by the Engineer, the product of only one type of portland cement from one mill of any one brand shall be used in a concrete mix design. Review and approval of the Concrete Mix Design by the Engineer does not constitute acceptance of the concrete. Acceptance will be based solely on the test results of concrete placed on the project. Subsection 601.07 shall include the following: Silica fume shall be added to the mix during initial batching. Subsection 601.12 shall include the following: At the pre -placement conference, the Contractor shall present a concrete winter protection plan for 671.iml-y Federal Aid Project # SHE 2873-128 Project Code # 14591 _ acceptance by the Engineer. The accepted concrete winter protection plan shall contain information on the number and type of heat sources to be used, a sketch detailing the enclosure materials, and all other pertinent information. Sufficient equipment shall be supplied to continuously maintain the specified temperature uniformly in all parts of the enclosure. Insulated blankets on top of the bridge deck and freely circulated artificial heat below the deck will be permitted. Subsection 601.12(c) shall include the following: Before concrete placement, all ice, snow, and frost shall be completely removed from within formwork. -- Salt shall not be used to thaw ice, snow, or frost. Delete subsection 601.13 and replace with the following: 601.13 Curing Concrete Other Than Bridge Decks. When the ambient temperature is below 20C (35°F) the Contractor shall maintain the concrete temperature above 10°C (50°F) during the curing period. It shall be the Contractor's responsibility to determine for himself the necessity for undertaking protective measures. The minimum curing period shall be determined by one of the following methods. The Engineer shall — review for adequacy, the Contractor's determination of the curing period. (1) The minimum curing period shall be 120 hours (2) The minimum curing period shall be from the time the concrete has been placed until the concrete has met a compressive strength of 80 percent of the required field compressive — strength. The Contractor shall cast information cylinders on the final portion of a placement and stored as close to the structure as possible. The information cylinders shall receive similar thermal protection as the structure. The contractor shall be responsible for the protection of the — information cylinders. In -place strength shall be determined by at least two cylinders. If the information cylinders are destroyed in the field, the minimum curing period shall be 120 hours. (3) The minimum curing period shall be from the time the concrete has been placed until the concrete has met a compressive strength of 80 percent of the required field compressive strength. The Contractor shall develop a maturity relationship for the concrete mix design in accordance with ASTM C 1074. The Contractor shall provide the maturity meter and all — necessary thermocouples, thermometers, wires and connectors. The Contractor shall. be responsible for the placement, protection and maintenance of the maturity meters and associated equipment. Locations where the maturity meters are placed shall be protected in the same — manner as the rest of the structure. The Contractor shall install the thermocouples at locations designated by the Engineer. The Contractor shall monitor the temperature at intervals acceptable to the Engineer. Maturity meters, thermocouples and information cylinders will not be measured or paid for separately, but shall be included in the work. — Enclosures with artificial heat sources will be permitted.- If enclosures are used the Contractor shall monitor the structural integrity of the enclosure. Artificial heat sources shall not be placed in such a _ manner as to endanger formwork or expose any area of concrete to drying due to excessive temperatures. At the end of the curing period, the protection shall remain in place until it can be removed without permitting the concrete temperature to fall more than 280C (50°F) in a 24-hour period. Sudden changes of concrete temperature shall be prevented. '- Immediately after placing fresh concrete, all concrete shall be cured by one of the following methods. Federal Aid Project # SHE 2873-128 Project Code # 14591 The Engineer shall review for adequacy, the curing method proposed by the Contractor. (a) Water Method. All surfaces other than slabs shall be protected from the sun and the whole structure shall be kept wet throughout the curing period. Surfaces requiring a Class 2 finish may have the covering temporarily removed for finishing, but the covering must be restored as soon as possible. All concrete slabs shall be covered as soon as possible with suitable material so that concrete is kept thoroughly wet for at least five days. The concrete surface shall be kept moist at all times by fogging with an atomizing nozzle until the covering is placed. (b) Membrane Forming Curing Compound Method. Curing compound may be applied only to those surfaces, which are to receive a Class I or Class 4 final finish. A volatile organic content (VOC) compliant curing compound conforming to AASHTO M 148, Type 2 shall be used on surfaces where curing compound is allowed, except that Type 1 curing compound shall be used on exposed aggregate or colored concrete, or when directed by the Engineer. Curing compound shall not be used on construction joints. The rate of application of curing compound will be in accordance with the manufacturer's recommendation, but shall not be more than 7 m2/1- (300 ft2/g). All concrete cured by this method shall receive two applications of the curing compound. The first coat shall be applied immediately after stripping of forms and acceptance of the concrete finish. If the surface is dry, the concrete shall be thoroughly wet with water and the curing compound applied just as the surface film of water disappears. The second application shall be applied after the first application has set. During curing operations, any unsprayed surfaces shall be kept wet with water. The coating shall be protected against marring -for a period of at least 10 days after application. Any coating marred, or otherwise disturbed, shall be given an additional coating. Should the surface coating be subjected continuously to injury, the Engineer may require that water curing, as described in subsection 601.13(a) be applied at once. When using a curing compound, the compound shall be thoroughly mixed within an hour before use. If the use of a curing compound results in a streaked or blotchy appearance, its use shall be discontinued. Water curing, as described in subsection 601.13 (a), shall then be applied until the cause of the defective appearance is corrected. (c) Form Method. Concrete shall be protected by forms during the curing period Forms shall be kept moist, when necessary, during the curing period to insure the concrete surface remains wet. (d) Blanket Method. Electrically heated curing blankets or insulation blankets may be used in cold weather to maintain specified curing temperature and to retain moisture in concrete. Blankets shall be lapped at least 200 mm (8 inches) and shall be free of holes. Blankets shall be secured at laps and edges to prevent moisture from escaping. The following procedures shall be followed if the temperature of the concrete structure falls below 0°C (32°F) before the concrete reaches 80 percent of the required field compressive strength: (1) The Contractor will take cores at locations designated by the Engineer. (2) The Engineer will take immediate possession of the cores and submit the cores to a petrographer for examination in accordance with ASTM C 856. (3) All costs associated with coring, transmittal of cores, and petrographic examination shall be born by the Contractor regardless of the outcome of the petrographic examination. (4) Concrete damaged by frost as determined by thepetrographic examination shall be removed and replaced at the Contractor's expense. Delete subsection 601.15 and 601.16 and replace with the following: 601.15 Bridge Deck Placing, Consolidating and Finishing. The Contractor shall prepare a written Quality Control Plan (QCP) which defines the quality control measures the Contractor will use to ensure SSP 37 described on the Drawings or specified in the Specifications without - consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or — used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of ^ Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed — acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by — OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words - will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the — president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address ^ and state of incorporation shall be shown below the corporate name. 12/03 Section 00100 Page 4 Federal Aid Project # SHE 2873-128 Project Code # 14591 the placing, consolidating, and finishing, curing and weather protection of the bridge deck conforms to the Contract requirements. The Contractor may refer to the Structural Concrete Pre -Pour Conference Agenda in the departments Construction Manual for examples of items that should be included in the QCP. It shall also identify the Contractor's method for ensuring that the provisions of the QCP are met. The Contractor shall submit the QCP to the Engineer for written approval before the pre -pour conference. A Pre -Placement Conference shall be held at a time mutually agreed upon before the initial placement of Class H, Class HT or Class S50 concrete. Representatives of the ready mix producer and the -- Contractor shall meet with the Engineer to discuss the following topics: (1) Concrete Mix Ingredients and Proportions (cement content, effect of admixtures, etc.) — (2) Work Schedule (3) Applicable Specifications and Special Notes (4) Delivery Details _ (5) Planned Construction Joint Locations (6) Role of All Personnel (7) Construction Details - surface preparation, finish, joint locations, etc. — (8) Testing Requirements (9) Acceptance Criteria (10) Contingency Plans for Wind, Rain, Breakdown, etc. (11) Curing Details (a) Surface Preparation. Tops of girders, precast deck panels, pier caps, and abutments that will come into contact with bridge deck concrete shall be heated to raise the temperature above 20C — (35°F) prior to concrete placement. The proposed preheating method is subject to approval by the Engineer. Prior to placement of a Class HT concrete overlay, the deck shall be prepared as follows: 1. Newly Placed Decks or Existing Decks That Have Been Used as the Final Driving Surface. — The deck shall be shot blasted in preparation for a mechanically bonded surface. Shot blasting shall remove the upper surface of the deck down to the coarse aggregate, which requires removing approximately 3 to 5 mm (1/8 to 3/16 inch) of the concrete. 2. Existing Decks Covered with One or More Layers of Bituminous Pavement. The deck shall be planed in accordance with subsection 202.09 to remove all overlying bituminous pavement, bridge deck membrane, and the upper 6.5 mm (1/4 inch) of the deck concrete. If Class HT concrete is not placed within one week of shot blasting or planing, the area shall then be sandblasted and cleaned of .all sand, concrete fragments, dirt, and other foreign material within — one week before placement. The area shall be moistened at least two hours before placement in order that the substrate concrete is saturated. The substrate concrete shall be allowed to dry and shall be saturated surface dry and free of visible water at the time of placement. (b) Test Slob. At least 7 days prior to initial placement of Class H, Class HT or Class S50 concrete on or in a deck, the Contractor shall have prepared, placed, and cured one test slab of at least 3 m3 (4 Cu. Yd.) to verify mix design, demonstrate the ability to perform placement, finishing & curing operations, and to check quality control. The test slab shall be approximately the same thickness as the concrete to be placed. Additional test slabs shall be placed as necessary to verify changes in design or procedures at the contractor's expense. Test slabs that are placed as acceptable work in segments of sidewalks, or as approach slabs, or other locations acceptable to. the Engineer, will be paid for as the pay item for that element of the contract. SSP 38 Federal Aid Project # SHE 2873-128 Project Code # 14591 (c) Placing. Concrete shall be placed in accordance with the requirements of subsection 601.12 except for the following: Concrete shall be placed in such manner as to require as little rehandling as possible and at sufficient depth to provide adequate material for screeding and finishing operations. The concrete shall be discharged as near its final location as practicable. The pattern of placement shall be such that lateral flow will be minimized. Concrete shall be placed against the leading edge of fresh concrete where practicable. Class H, Class HT and Class S50 concrete shall be placed only when the concrete mix temperature is between 10°C and 270C (50°F and 80°F) at the time of delivery. Class H, Class HT and Class S50 concrete shall not be placed in or on bridge decks when the air temperature exceeds 260C (80°F) and/or the wind velocity exceeds 16 Km/h (10 mph) as determined by a digital thermometer and anemometer provided on site by the Contractor. If the Engineer can determine from the Contractor's data that the evaporation rate is less than 1.0 kg/m2/hr (0.20 lb/ft2/hr), in accordance with figure 2.1.5 in ACI 305, then Class H and HT concrete may be placed under these conditions. Longitudinal joints for a Class HT concrete overlay will be allowed only at the locations of lane lines and must be approved by the Engineer. Transverse joints may be utilized when the Engineer determines that the work is not progressing in a satisfactory manner, or when required by change in weather conditions. The Engineer may approve transverse joint locations to accommodate phased overlay. construction. (d) Consolidating. Consolidation shall conform to subsection 601.12(e) and to the following: The Contractor shall provide suitable mechanical vibrators to disperse the batch at the point of discharge and to densify the concrete within the forms. The bond of fresh concrete to concrete previously placed shall be achieved by vibrating the new concrete together with the old. Immersion vibrators shall operate at a speed of at least 10,000 vibrations per minute in air. Internal vibration may be used along the edges of forms and in areas of congested reinforcing. A combination of immersion vibration and surface consolidation shall be used. (e) Finishing. Following consolidation, the concrete shall be struck off and finished by mechanical longitudinal floating, mechanical rolling, surface vibration, or a combination of any of these methods. Surface vibrators shall be of the low frequency, high -amplitude type, operating at a speed of 3000 to 4500 vibrations per minute. A paver's steel scraping straightedge or lute, 100 mm (4 inch) maximum width, shall be the only hand tool permitted on deck surfaces, except for a minimum use of hand floats and edgers along the forms and in areas where machine finishing cannot be effectively used. Only minimum hand finishing will be permitted. If the surface of the deck slab becomes dry immediately following finishing operations, due to an excessive evaporation rate, it shall be covered with wet burlap or fogged with water covering the entire deck surface using pneumatic atomizing nozzles. The fog spray shall be just enough to retard surface evaporation and shall not change the water -cement ratio. During periods of excessive drying, a cover of wet burlap or plastic sheeting shall be maintained on the slab at all times until final cure is placed. Monomolecular film coatings applied to the surface of the slab to retain moisture may be used provided they effectively retard surface evaporation and are adequately maintained until the final cure is placed. Surfaces of bridge decks and bridge approach slabs that will be the final riding surface shall be SSP 39 Federal Aid Project # SHE 2873-128 Project Code # 14591 finished as follows: For the final finish a seamless strip of plastic turf shall be dragged longitudinally over the full width of bridge deck after a seamless strip of burlap or other approved fabric has been dragged longitudinally over the full width of bridge deck to produce a uniform surface of gritty texture. The drags shall be mounted on a bridge other than the bridge to be fumished for department use. The dimensions of the drags shall be such that a strip of material at least 1 m (3 feet) wide is in contact with the full width of pavement surface while each drag is used. The drags shall consist of sufficient material and be maintained in such a condition that the resultant surface finish is of uniform appearance and reasonably free from grooves over 2 mm (1/16 — inch) in depth. Where more than one layer of burlap drag is required, the bottom layer shall be approximately 150 mm (6 inches) wider than the layer above. Drags shall be maintained clean and free from encrusted mortar. Drags that cannot be cleaned shall be discarded and new drags installed. 2, Texturing. When posted speeds are 65 km/h (40 mph) or higher, the finish shall be a grooved finish conforming to the following: After the Engineer has accepted the finished surface, and after concrete has cured for at least seven days, the bridge deck surface shall be textured by grooving with a mechanized saw — (sawed grooves). Grooving shall be done prior to the application of the concrete sealer. Only multi -blade saw cutting equipment fumished with circular blades may be used. Single blade equipment may be authorized by the Engineer where multi -blade assemblies do not allow — sawing a distance one foot from obstructions. The grooving shall be rectangular and conform to the following: Depth: 3 mm t 1 mm (x inch t 1/32 inch) Width: 3 mm t 1 mm (x inch t 1/32 inch) Spacing: 20 mm t 1 mm (3/4 inch t 1/32 inch) center to center Grooves shall be longitudinal and parallel to the centerline of the roadway. Overlapping of — grooves by succeeding passes will not be permitted. The grooves shall terminate 0.45 m (1.5 feet) from the face of curb or bridge rail on each side of the overlaid bridge deck. Grooving to bridge joint system. For joint systems that are perpendicular to the roadway centerline, grooving shall extend to 225 mm t 75 mm (9 inches t 3 inches) from the armor of the joint. For the joint systems that are not perpendicular to the centerline of the roadway, grooving shall remain parallel to the centerline and shall not be nearer than 150 mm (6 inches) to the joint armor nor farther than 1.2 m (4 feet) from the joint armor. The distance between — grooves, from one side to other of the joint system, shall not exceed 1.5 m (5 feet). The Contractor shall maintain the grooving equipment so that aggregate particles or cement build-up on the saws is promptly cleared or cleaned so that the grooves are neat, true and in conformance with the specked dimensions. (0 Surface Smoothness. - All Bridge Deck Surfaces. Acceptability of the deck surface will be determined as follows: The Contractor shall furnish a 3 m (10 foot) straightedge or other approved device. When SSP 40 Federal Aid Project # SHE 2873-128 Project Code # 14591 WORK TO BE COMPLETED BY THE CITY The City of Fort Collins will provide the following work items for the project: Construction Surveying Asphalt Mat Planing Asphalt Pavement Materials and Installation Sign Installation Pavement Striping Manhole Adjustment Light Standard Removal Light Standard Installation Quality Acceptance Testing June 1, 2004 PSP 4 Federal Aid Project # SHE 2873-128 Project Code # 14591 the concrete is sufficiently hard, the Contractor shall test the bridge deck surface with the 3 - m (10 foot) straightedge or other approved device. Areas showing high spots of more than 3 mm (1/8 inch) but not exceeding 12 mm (Y2 inch) in 3 m (10 feet) shall be marked. The '- marked area shall be immediately ground with an approved grinding tool so that the surface deviation will not be in excess of 3 mm (1/3 inch) 3 m (10 feet). Grinding shall not reduce the concrete cover on reinforcing steel to less than 45 mm (13/4 inches), (70 mm [23/4 inches] for bare decks without an overlay). Decks that require additional corrective action shall be corrected with a concrete overlay approved by the Engineer. 2. All Bridge Deck Final Riding Surfaces. Bare deck, or any concrete overlayed final surface is subject to an incentive payment. The Contractor shall provide the Engineer with the following for incentive payment only: The longitudinal finished surface smoothness of structures and approach slabs including concrete deck and any overlaid surface shall be tested with the profilograph method in accordance with subsection 105.031(b). Bridge Deck shall be subject to an incentive payment in accordance with the following Table 601-3. Incentive Payments will be based on the Lane Profile Index (LPI) before diamond grinding of bumps or any corrective work has been done. TABLE 601-3 BRIDGE DECK SMOOTHNESS (INCHES/MILE) 2.5 mm (0.1 INCH) BLANKING BAND PAVEMENT SMOOTHNESS CATEGORY' INCENTIVE PAYMENTS CORRECTIVE WORK REQUIRED LPI PI Concrete in./mi. mm/km $/m2#12 or t$0.30 190 $1.45In accordance BRIDGE 12.1-15 91-235 $1.08ALL with DECKS 15.1-18 36-285 $0.72subsection 18.1-22 286-345 $0.36 601.15(d)1 22.1-25 $0.00 346-395 $0.00 ' This category will be used only on new construction or complete reconstruction of bridge deck. (g) Movable Bridges. Movable bridges or platforms shall be provided by the Contractor and moved _ as directed to allow the inspectors to work over the freshly placed plastic concrete. A movable bridge shall be kept as close to the finishing screed as practical. The deck of the movable bridges shall be a minimum of 600 mm (24 inches) wide and no more than 600 mm (24 inches) _ above the surface of the concrete and shall be capable of supporting two people. The Contractor shall provide additional movable bridges as appropriate for the work. (h) Concrete Bridge Sidewalks. Bridge sidewalks shall receive a final transverse broom finish. "- (i) If cracks in the deck concrete with a width of 0.9 mm (0.035 inches) or greater occur within two weeks of placement, those cracks shall be repaired at the Contractor's expense. Cracks will be measured by the Engineer by insertion of a wire gauge at any time and temperature within the two weeks. The repair shall consist of filling the cracks with a low viscosity, two part, methacrylate or an approved equal. The repair shall be in accordance with the recommendations of the manufacturer of the crack filling material 601.16 Curing Concrete Bridge Decks. Except for Class H and HT concrete, the minimum curing _ period shall be 120 hours. The concrete surface shall be kept moist at all times by fogging with an approved atomizing nozzle or applying a monomolecular film coating to retard evaporation until the curing material is in place. _ SSP 41 Federal Aid Project # SHE 2873-128 Project Code # 14591 For Class H and HT concrete the minimum curing period shall be 168 hours and from May 1 and until September 30 the water cure method as described below shall be used without the membrane forming curing compound. Concrete bridge decks, including bridge curbs and bridge sidewalks shall be cured as follows: (a) Decks placed from May 1 to September 30 shall be cured by the membrane forming curing compound method followed by the water cure method as follows: Membrane Forming Curing Compound Method. A volatile organic content (VOC) compliant curing compound conforming to AASHTO M 148, Type 2 shall be uniformly applied to the surface of the deck, curbs. and sidewalks at the rate of 40 U100 m2 (1 gallon per 100 square feet). The curing compound shall be applied as a fine spray using power operated spraying equipment. The power operated. spraying equipment shall be equipped with an operational pressure gage and a means of controlling the pressure. Before and during application the curing compound shall be kept thoroughly mixed by recirculation or a tank agitator. The application shall be within 6 m (20 feet) of the deck finishing operation. When the finishing operation is discontinued, all finished concrete shall be coated with curing compound within Y2 hour. The curing compound shall be thoroughly mixed within one hour before use. 2. Water Cure Method. The water cure method shall be applied as soon as it can be without marring the surface and shall be continued for five days. The surface of the concrete, including bridge curbs and bridge sidewalks, shall be entirely covered with cotton, burlap, or combination polyethylene sheeting and burlap mats. Approved combinations of a barrier and a water retaining layer may be used. Prior to being placed, the mats shall be thoroughly saturated with water. The mats shall extend at least twice the thickness of the bridge deck beyond the edges of the slab and shall be weighted to remain in contact with the surface. The mats shall remain in contact and be kept wet for a minimum of five days after concrete placement. (b) Decks placed between November 1 and March 31 shall be cured by application of a membrane forming curing compound followed by the blanket method as follows: Membrane Forming Curing Compound Method. This method shall be applied in accordance with 601.16(a)1 above. 2. Blanket Method. Curing blankets with a minimum RValue of 0.5 shall be placed on the deck as soon as they can be without marring the surface. Blankets shall be loosely laid (not stretched) and adjacent edges suitably overlapped with continuous weights along the lapped joints. The blankets shall remain in place for a minimum of five days after placement. (c) Decks placed in April or October may be cured in accordance with either subsection 601.16(a) or 601.16(b) above. (d) For decks placed above an elevation of 2500 m (8,000 feet) above mean sea level, the Engineer may modify the time of year requirements for the cure methods defined in subsection 601.16(a) and 601.16(b) above. (e) Class H, Class HT and Class S50 concrete shall be cured as follows: SSP 42 Federal Aid Project # SHE 2873-128 Project Code # 14591 The concrete surface shall be kept moist at all times by fogging with approved atomizing nozzles until the surface has been covered by the final cure. 2. At lease two atomizing nozzles shall be in operation at all times. A fogging nozzle that has shown acceptable performance is FOGG-IT Waterfog, low volume (7.5 liters per minute), manufactured by Fogg -it Nozzle Co. at P.O. Box 16053, San Francisco, California, 94116, or an approved equal. 3. From October 1 and until April 30 continuous fogging will not be required if the evaporation rate is less than 0.50 kg/m2/hr (0.10 Ib/ft2/hr). Ambient temperatures during initial curing shall be warm enough that the water from fogging does not freeze before insulating blankets are applied. The internal concrete temperature shall be determined by using thermocouples and a continuous recording device. The Contractor shall provide the thermocouples and a continuous recording device and install the thermocouples at locations designated by the Engineer. The continuous recording device connected to the thermocouple shall be calibrated to provide accurate temperature readings. During the — cure period the continuous recording device shall be visible, show visible readings, and the Contractor shall continuously monitor the concrete temperature and provide the recorded data to the engineer after the monitoring of temperature for that placement is complete. (f) When the ambient temperature is below 20C (350F), the Contractor shall maintain the internal concrete temperature above 10°C (50°F) during the curing period, except the last 48 hours of the ,.. curing period the internal concrete temperature may be kept above 4°C (40°F). Internal concrete temperature shall be determined by using thermocouples. Thermocouple wire, connectors, and hand held thermometer will be supplied by the Engineer. The Contractor shall install the thermocouples at locations designated by the Engineer. During the curing period, the Contractor shall monitor the enclosure at intervals acceptable to the Engineer. The Contractor shall monitor concrete temperature, and the structural integrity of the enclosure. Artificial heat sources shall not be placed in such a manner as to endanger formwork or expose any area of concrete to drying due to excessive temperatures. During the curing period, for each day that the internal concrete temperature falls below the specified temperature, the protection shall remain in place and one extra day of curing time above 40C (400F) shall be added to the original days of protection. If the internal concrete temperature at any location in the bridge deck concrete falls below 0°C (320F) during the first 24 hours of the curing period, the Engineer may direct the Contractor to core the areas in question at the locations indicated by the Engineer. The Engineer will take immediate possession of the cores. The Engineer will submit the cores to a petrographer for examination in accordance with ASTM C 856. Concrete damaged by frost, as determined by the petrographer, shall be removed and replaced at the Contractor's expense. All costs associated with coring, transmittal of cores, and petrographic examination shall be born by the Contractor regardless of the outcome of the petrographic examination. At the end of the protection period, the protection shall remain in place until it can be removed without permitting the concrete temperature to fall more than 280C (50°F) in a 24-hour period. -- Sudden changes of temperature shall be prevented. Subsection 601.17 shall include the following: After the curing period for Class HT concrete has elapsed, the overlay shall be "sounded" by the Contractor in accordance with ASTM D 4580 Standard Practice for Measuring Delaminations in Concrete Bridge Decks by Sounding SSP 43 �` Federal Aid Project # SHE 2873-128 Project Code# 14591 to determine W the Class HT concrete has bonded to the bridge deck. In areas where the Class HT concrete has not bonded to the bridge deck, it shall be removed and replaced at the Contractors expense. Class HT concrete overlays shall not be opened to traffic, including construction traffic, for at least 14. days after placement. At the Engineer's discretion, the overlay may be opened to construction traffic sooner than 14 days but not until after the curing period has elapsed and the average strength of two field cured cylinders has reached WNPa (4500 psi). The field cured cylinders shall be made in accordance with AASHTO T 23 Making and Curing Concrete Test Specimens in the Field. Subsection 601.18 shall include the following: Bridge Deck Finish (Sawed Grooves) will be measured by the square meter (square yard). The area includes the length of the bridge and approach slabs, with deductions for areas occupied by expansion devices as specified, multiplied by the width of the roadway between the faces of curb or bridge rail on each side, less 0.9 m (3.0 feet). Bridge Deck Finish (Sawed Grooves) will not be remeasured but will be the quantity shown on the plans. Exceptions for each structure will be: (1) when field changes are ordered, or (2) when it is determined that there are discrepancies on the plans in an amount of plus or minus two percent of the plan quantity for the structure. Subsection 601.19, 2nd paragraph shall include the following: Pay Item Bridge Deck Finish (Sawed Grooves) Bridge Deck Finish (Sawed Grooves) Pay Unit Square Yard Square Meter SSP 44 Federal Aid Project # SHE 2873-128 Project Code # 14591 November 30, 2000 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 630.10 and replace with the following: 630.10 Traffic Control Management. The Contractor shall designate an individual, other than the superintendent, to be the traffic control supervisor. The traffic control supervisor shall be certified as a worksite traffic supervisor by either the American Traffic Safety Services Association (ATSSA) or the Colorado Contractors Association (CCA), and shall have a current Department flaggers certificate. A copy of the traffic control supervisor's certifications shall be provided to the Engineer at the precon- struction conference. The traffic control supervisor's duties shall include: . (1) Preparing, revising, and implementing each required method of handling traffic in accordance with the traffic control plan. (2) Directly supervising project flaggers. (3) Coordinating all traffic control operations, including those of subcontractors and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies. (5) Preparing a traffic control diary on every calendar day traffic control devices are in use. This diary shall be submitted to the Engineer daily and become a part of the Department's project records. The diary shall include the following information as a minimum: (a) Date (b) For Traffic Control Inspection, the time of the inspection (c) Project number (d) Traffic Control Supervisor's name (e) Description of traffic control operations (lane closures, shoulder closures, pilot car operations, detours, etc.) including location, setup and takedown time, and approved method of handling traffic (MHT) number (f) Types and quantities of traffic control devices used per approved MHT -" (g) List of flaggers and uniformed traffic control (UTC) used, including start time, stop time, and number of flagging hours and UTC hours used (h) Traffic control problems (traffic accidents; damaged, missing or dirty devices, etc.) and corrective action taken (6) Inspecting traffic control devices on every calendar day that traffic control devices are in use, masked, or turned away from traffic. These inspections shall include at least one night inspection per week. The TCS or another representative who is certified as a work site traffic supervisor shall perform these inspections. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the Contract which contribute to the convenience, safety and orderly movement of traffic. Have an up-to-date copy of the MUTCD and applicable standards _. and specifications available at all times on the project. (9) Attending all project scheduling meetings. (10) Supervising the cleaning and maintenance of all traffic control devices. SSP 45 Federal Aid Project # SHE 2873-128 Project Code # 14591 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 respond to the job site within 45 minutes. When another representative responds, the TCS or another representative who is certified as a work site traffic supervisor shall arrive at the job site within two hours after notification. The Contractor shall maintain a 24-hour telephone number at which the TCS can be contacted. The TCS shall not act as a flagger except in an emergency or in relief for short periods of time. Delete subsection 630.14 and replace with the following: 630.14 Quantities to be measured for construction traffic control devices shall be the number of units of the various sizes and descriptions listed below. Construction Traffic Signs: Panel Size A: Up to 1 mZ (0.01 to 9.00 Square Feet) including Type 1 and Type 2 Barricades. Panel Size B: Over 1 to 1.5 m2 (9.01 to 16.00 Square Feet) Panel Size C: Over 1.5 mZ- (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. SSP 46 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF.BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and, shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 12/03 Section 00100 Page 5 Federal Aid Project # SHE 2873-128 Project Code # 14591 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, c gwing, 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: Item Unit Construction Traffic Sign (Special) Square Meter (Square Foot) Vertical Panel Each kdvance Warning Flashing or Sequencing Arrow Panel ( Tvae) Each Traffic Cone Each Channelizing Device (Fixed) Each Delineator (Type_) (Temporary) Each SSP 47 Federal Aid Project # SHE 2873-128 Project Code # 14591 The Contractor shall agree to quantities for the following items on a weekly basis when signing the CDOT Form 7 — Weekly Report of Miscellaneous Pay Items: Traffic Control Management Day Hour Construction Traffic Sign (Special) is a project specific sign indicated on the Schedule of Construction Traffic Control Devices. When Traffic Control Management and Traffic Control Inspection are not pay items, traffic control management will not be paid for separately, but shall be included in the work. Flagger hand devices will not be measured and paid for separately, but shall be included in the work. Cost of electrical power, including batteries, for all temporary lighting or warning devices shown on the TCP will not be paid for separately but will be considered subsidiary to the item. Temporary masking signs, including the covering materials and fastening devices, will not be measured and paid for separately but shall be included in the work. The. Contractor may provide larger construction traffic signs than those shown on the plans, if approved; however, payment will be made for the panel size designated. If the Contractor fails to complete construction within the approved contract time, no payment will be made for the use of Section 630 pay items for the period of time after expiration of the approved contract time. These items shall be provided at the Contractor's expense. Cleaning and patching of the roadway after removal of the Channelizing Device (Fixed) will not be paid for separately, but shall be included in the work. SSP 48 Federal Aid Project # SHE 2873-128 Project Code # 14591 October 14, 2003 REVISION OF SECTION 630 -- METHOD OF HANDLING TRAFFIC Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.09 shall include the following: (7) The Contractor shall provide verification by field survey that the vertical clearances for structures in all areas covered by a proposed MHT meet or exceed the minimum clearances shown in Table 630-2. If the vertical clearance is less than what is shown for the particular condition in Table 630- 2, the Contractor shall identify the location where this clearance cannot be met, and provide an appropriate signing plan.' This information shall be included in the MHT and shall be submitted to the Engineer for approval a minimum of five days before the MHT is implemented. (8) The Contractor shall provide verification by field survey that the total driving lane plus shoulder in all areas covered by a proposed MHT is at least 17 feet z If this width cannot be maintained, the Contractor shall identify the location where this clearance cannot be met, and provide an appropriate signing plan. This information shall be included in the MHT and shall be submitted to the Engineer for approval a minimum of five days before the MHT is implemented. VERTICAL CLEARANCES TO STRUCTURES TABLE 630-2 Highway Underpasses Railway UnderDasses Overhead Wires Local Rural Roads 14 Feet 23 Feet4 s Local Urban Streets Rural Collectors Urban Collectors Rural Arterial 16 Feee Urban Arterial Freeways 1 If the existing vertical clearance is already less than what is shown in Table 630-2, the Contractor shall identify the location, but a signing plan will only be required if the clearance is to be reduced further. 2 If the existing width is already less than 17 feet, the Contractor shall identify the location, but a — signing plan will only be required if the width is to be reduced further. 3 Vertical clearance to sign trusses and pedestrian overpasses shall be 17 feet 4 Measured from top of rail to bottom of highway structure. All railway clearances are — subject to the individual railroad's approval. 5 Communication and power lines of: 0 to 750 volts 18 Feet 750 to 22,000 volts 20 Feet 22,000 to 50,000 volts 22 Feet For voltages over 50,000 volts, increase clearance %Z inch for each 1000 volts over 50,000. SSP 49 Federal Aid Project # SHE 2873-128 Project Code # 14591 REVISION OF SECTION 630 NCHRP 350 REQUIREMENTS September 26, 2000 Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.01 delete the 2nd sentence: Subsection 630.08 shall include the following: Work zone devices designated by FHWA as category I including but not limited to single - piece drums, tubes, cones, delineators, crash cushions, and truck mounted attenuators shall meet NCHRP 350 crash test requirements. The Contractor shall obtain and present to the Engineer the manufacturer's written NCHRP 350 certification for each type of category I device before it is first used on the project. Work zone devices designated by FHWA as category II including but not limited to barricades, vertical panels with light, drums or cones with light, portable sign supports, intrusion detectors and type III barricades shall meet NCHRP 350 crash test requirements or shall have been originally purchased prior to October 1, 2000 by the Contractor. The Contractor shall obtain and present to the Engineer the manufacturer's written NCHRP 350 certification for each type of category II device or shall certify that the category II device was originally purchased prior to October 1, 2000 before it is first used on the project. SSP 50 Federal Aid Project # SHE 2873-128 Project Code # 14591 REVISION OF SECTION 701 HYDRAULIC CEMENT March 6, 2003 Section 701 of the Standard Specification is hereby deleted for this project and replaced with the following: 701.01 Portland Cement. Portland cement shall conform to the requirements of the following specifications for the type specified or permitted: Type Specification Masonary Cement ASTM C 91 Portland Cement ASTM C 150 Blended Hydraulic Cement ASTM C 595 Hydraulic Cement ASTM C 1157 In addition to the standard chemical requirements for portland cement in ASTM. C 150, the maximum percent of equivalent alkalis (Na20+ 0.658 K2O) shall not exceed 0.90 percent. Where either Type I or Type II portland cement is required, blended hydraulic cement conforming to ASTM C 595 Type IP or Type IP(MS) may be used, except that the blended cement shall consist of no less than 70 percent portland cement. Where Type II portland cement is required, blended hydraulic cement conforming to ASTM C 595 Type IP(MS) may be used, except that the blended cement shall consist of no less than 70 percent portland cement. Where blended hydraulic cement is used the substitution of fly ash for the blended hydraulic cement is not allowed. For concrete where Class F fly ash is required, blended hydraulic cement conforming to ASTM C 595 Type IP or Type IP(MS) may be used, except that the blended cement shall consist of no less than 70 percent portland cement and no less than 20 percent Class F fly ash by weight. The weight of blended hydraulic cement must equal the weight of portland cement plus fly ash. Where either Type I or Type II portland cement is required, hydraulic cement conforming to ASTM C 1157 Type GU or Type MS may be used. Where Type it portland cement is required, hydraulic cement conforming to ASTM C 1157 Type MS may be used. Where Type V portland cement is is required one of the following may be used: (1) Type II portland cement with no more than 5.0 percent C3A content and no more than 25.0 percent [C4AF + 2(C3A)]. (2) Type II portland cement with no more than 0.040% expansion at 14 days when tested in accordance with ASTM C 452. (3) Type II portland cement with at least 15 percent of the cement replaced with an approved Type F fly ash. (4) ASTM C 595 Type IP(MS) blended hydraulic cement consisting of no less than 70 percent portland cement and at least 15 percent Type F fly ash. (5) ASTM C 1157 Type HS hydraulic cement. Cement shall be from a preapproved source listed on the department's Approved Products List. The cement intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports showing that the cement meets the specification requirements and supporting this statement with actual test results shall be submitted to the Engineer. SSP 51 Federal Aid Project # SHE 2873-128 Project Code # 14591 The cement shall be subject to sampling and testing by the department. Test results that do not meet the physical and chemical requirements may result in the suspension of the use of the cement until the corrections necessary have been taken to insure that the material meets the specifications. The Contractor shall provide suitable means for storing and protecting the cement against dampness. Cement which, for an reason, has become partially set or which contains lumps of caked cement shall not be used. Cement salvaged from discarded or used bags shall not be used 701.02 Fly Ash. Fly ash for concrete shall conform to the requirements of ASTM C 618, Class C or Class F. All chemical requirements of ASTM C 618 Table 1 shall apply with the folowing exceptions: (1) Footnote A shall not apply. (2) Loss on Ignition shall not exceed 3.0 percent. Class C fly ash will not be permitted in concrete where Type V portland cement is required. Fly ash shall be from a preapproved source listed on the Department's Approved Products List. The fly ash intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports showing that the fly ash meets the specification requirements and supporting this statement with actual test results shall be submitted to the Engineer. Preapproval shall include submission of a report from the supplier documenting the results of testing the fly ash from that source in accordance with the Toxicity Characteristic Leaching Procedure (TCLP) described in 40 CFR 261, Appendix II. The report shall include the results of TCLP testing for heavy metals and other contaminants found in the fly ash. The report shall list the contaminants tested, and the allowable levels for each contaminant tested. A new report shall be submitted for each preapproved source annually. Additional TCLP testing may be required when the department suspects that the fly ash source may have been contaminated. The fly ash shall be subject to sampling and testing by the Department. Test results that do not meet the physical and chemical requirements may result in the suspension of the use of fly ash until the corrections necessary have been taken to insure that the material meets the specifications. 701.03 Silica Fume. Silica fume for concrete shall conform to the requirements of ASTM C 1240. Silica Fume shall be from a preapproved source listed on the Department's Approved Products List. The silica fume intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports showing that the silica fume meets the specification requirements and supporting this statement with actual test results shall be submitted to the Engineer. The certification for silica fume shall state the solids content if the silica fume admixture is furnished as slung. The silica fume shall be subject to sampling and testing by the Department. Test results that do not meet the physical and chemical requirements may result in the suspension of the use of the silica fume until the corrections necessary have been taken to insure that the material meets the specifications. SSP 52 Federal Aid Project # SHE 2873-128 Project Code # 14591 January 16, 2004 REVISION OF SECTION 702 SUPERPAVE PG BINDERS Section 702 of the Standard Specifications is hereby revised for this project as follows: — Subsection 702.01(a) shall include the following: Asphalt cement shall not be acid modified or alkaline modified. — In subsection 702.01(b) delete Table 702-2 and replace with the following: ._ Table 702-2 SimPrPnvP PPrfnrmanr.P (rattan Rindam PROPERTY REQUIREMENT FOR PG BINDER AASHTO 58-28 58-34 64-22 64-28 76-28 Test No. Original Binder Properties Flash Point Temp., °C, minimum 230 230 230 230 230 T 48 Viscosity at 135 °C, Pa•s, maximum 3 3 3 3 1 3 TP 48 Dynamic Shear, Temp. °C, where 58 58 64 64 76 TP 5 G*/Sind @ 10 rad/s >_1.00 kPa Ductility, 4 °C (5 cm/min.), cm _ _ - 50 - T 51 minimum Toughness, joules (inch-Ibs) - - - 12.4 - *CP L-2210 110 Tenacity, joules (inch-Ibs) - - - 85 - *CP L-2210 Acid or Alkali Modification (pass -fail) *CP L-2214 RTFO Residue Properties CP-L 2215 Mass Loss, percent maximum 1.00 1.00 1.00 1.00 1.00 CP-L 2215 Dynamic Shear, Temp. *C, where 58 58 64 64 76 TP 5 G*/Sind @ 10 rad/s >_2.20 kPa Elastic Recovery, 25 °C, percent min. - - - - 50 *CP L-2211 Method A Ductility, 4 °C (5 cm/min.), cm _ _ _ 20 - T 51 minimum PAY Residue Properties, Aging Temperature 100 °C PP 1 Dynamic Shear, Temp. °C, where 19 16 25 22 28 TP 5 G*.Sind @ 10 rad/s 55000 kPa Creep Stiffness, @ 60 s, Test _18 -24 -12 -18 -18 Temperature in °C S, maximum, MPa 300 300 300 300 300 TP 1 m-value, minimum 0.300 0.300 0.300 0.300 0.300 TP 1 **Direct Tension, Temperature in *C, @ .1 mm/min., where failure strain >_ -18 -24 -12 -18 -18 TP 3 1.0 % SSP 53 Federal Aid Project # SHE 2873-128 Project Code # 14591 *Colorado Procedure **Direct tension measurements are required when needed to show conformance to AASHTO MP 1. In subsection 702.01 (b) delete the last four paragraphs and replace with the following: The supplier of the PG binder shall be certified in accordance with CP 11 Samples of the PG binder for acceptance shall be sampled on the project as stated in the Schedule of the Field Materials Manual. The Department will test for acid modification and alkaline modification during the binder certification process. Thereafter, the Department will randomly test for acid modification and alkaline modification. SSP 54 Federal Aid Project # SHE 2873-128 Project Code # 14591 October 14, 2003 REVISION OF SECTION 703 AGGREGATE FOR PLANT MIX PAVEMENTS Section 703 of the Standard Specifications is hereby revised for this project as follows. — Delete subsection 703.04 and replace with the following: Aggregates for hot plant mix bituminous pavement (HBP) shall be of uniform quality, composed of clean, hard, durable particles of crushed stone, crushed gravel, natural gravel, or _ crushed slag. Excess of fine material shall be wasted before crushing. For Gradings S, SX, and SG, a percentage of the aggregate retained on the 4.75 mm (No. 4) sieve shall have at least two mechanically induced fractured faces when tested in accordance with Colorado _ Procedure 45. This percentage will be specified in Table 403-1, as revised for the project in Section 403. The angularity of the fine aggregate shall be a minimum of 45.0% when determined according to AASHTO T 304. Aggregate samples representing each aggregate _ stockpile shall be non -plastic if the percent of aggregate passing the 2.36 mm (No. 8) sieve is greater than or equal to 10 percent by weight of the individual aggregate sample. Plasticity will be determined in accordance with AASHTO T 90. The material shall not contain clay balls, _ vegetable matter, or other deleterious substances. The aggregate for Gradings S, SX, and SG shall have a percentage of wear of 45 or less when tested in accordance with AASHTO T 96. TABLE 703-3A Master Ranae Table for Hot Bituminous Pavement Sieve Size Percent by Weight Passing Square Mesh Sieves Grading SX Grading S Grading SG 37.5 mm (1 %2") 100 25.0 mm (1 ") 100 90 -100 19.0 mm V/.") 100 90 -100 12.5 mm (%") 90 —100 9.5 mm Cls") . 4.75 mm (#4) 2.36 mm (#8) 28 — 58 23 - 49 19 - 45 1.18 mm (#16) 600 µm (#30) 300 µm (#50) 150 µm (#100) 75 µm (#200) 2 —10 2-8 1-7 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. SSP 55 Federal Aid Project # SHE 2873-128 Project Code # 14591 Aggregates for stone mastic asphalt (SMA) shall be of uniform quality, composed of clean, hard, durable particles of crushed stone, crushed gravel, or crushed slag. A minimum of 90% of the particles retained on the 4.75 mm (No. 4) sieve shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. The particles passing the 4.75 mm (No. 4) sieve shall be the product of crushing rock larger than 12.5 mm ('/2 inch) and shall be non -plastic when tested in accordance with AASHTO T 90. Additionally, each source of aggregate for SMA shall meet the following requirements: (12) No more than 30% when tested in accordance with AASHTO T 96 Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (13) No more than 12% when tested in accordance with AASHTO T 104 Soundness of Aggregate by Use of Sodium Sulfate. TABLE 703-313 Master Ranqe Table for Stone Mastic Asphalt Sieve Size Percent by Weight Passing Square Mesh Sieves 9.5 mm (%") nominal 12.5 mm ('/2') nominal 19.0 mm (%") nominal 19.0 mm (%") 100 12.5 mm ('/2") 100 100 85 — 95 9.5 mm (3/") 90 —100 85 — 95 55 — 75 4.75 mm (#4) 30 — 55 24 — 32 24 — 32 2.36 mm (#8) 20 — 42 16 — 24 16 — 24 1.18 mm (#16) 600 µm (#30) 12 — 25 10 —16 10 —16 300 µm (#50) 150 µm (#100) 75 µm (#200) 8 —12 8 —12 8 —12 SSP 56 14.1. Bids may be modified or withdrawn by an appropriate document duly — executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. — 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any "- other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. — 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, — and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of — Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by — OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials 12/03 Section 00100 Page 6 Federal Aid Project # SHE 2873-128 Project Code # 14591 March 6, 2003 REVISION OF SECTION 703 CONCRETE AGGREGATES Section 703 of the Standard Specifications is hereby revised for this project as follows: In subsection 703.00, delete Table 703-1 and replace with the following: Table 703-1 Concrete Aggregate Gradation Table, PPrcAntanPc PASSinn n acinnotnrl Qinvnc nnA Q:-.. M--:---a:__ Coarse Aggregates (From AASHTO M 43) Fine No. 3 No. 357 No. 4 No. 467 No. 57 No. 6 �No. 67 No. 7 No. B Aggregate AASHTO Sieve 50 mm 50 mm 37.5 mm 37.5 mm 25.0 mm 19.0 mm 19.0 mm 12.5 mm 9.5 mm M6 4.75 mm Size to 25.0 to 4.75 to 19.0 to 4.75 to 4.75 to 9.5 to 4.75 to 4.75 to 2.36 to 150 Um mm (2" mm (2" mm (1'N mm (1 W mm (1" mm (°/4" mm ('/4^ mm ('h^ mm ('/e ^ (#4 to l0 1" to #4 t0'/4` to #4 to #4 to to #4 to #4 to #8 #100 623�m 100 100 ( mm r) 90 -100 95 -100 100 100 37.5 mm 1,w. 35 - 70 90 - 100 95 -100 100 25.0 mm 1 0 -15 35 - 70 20 - 55 95 -100 100 100 19.0 mm K 0 -15 35 - 70 90 -100 90 -100 100 12.5 mm Qv 0-5 10-30 25-60 20-55 90-100 100 9./smm 0-5 10-30 0-15 20-55 40-70 85-100 100 4.75 mm 0-5 0.-5 0-10 0-5 0-10 0-15 10-30 95-100 2.36 mm 08 0-5 0-5 0-5 0-10 60-10o 1.18 mm #16 0-5 50-85 600 um #30 25 - 60 300 um 050 10 - 30 150 Jim #100 2 - 10 In subsection 703.01, delete the last sentence and replace with the following: The fineness modulus, as determined by AASHTO T 27, shall not be less than 2.50 nor greater that 3.50 unless otherwise approved. Federal Aid Project # SHE 2873-128 Project Code #14591 1 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY A. AFFIRMATIVE ACTION REQUIREMENTS July 21, 1999 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: Goals and Timetable for Minnrity Ilfillvafinn Timetable - Until Further Notice Economic Standard Metropolitan Counties Goal Area Statistical Area SMSA Involved 157 2080 Denver -Boulder Adams, Arapahoe, Boulder, Denver, (Denver) Douglas, Gilpin, Jefferson ................... 13.8% 2670 Fort Collins Larimer................................................ 6.9% 3060 Greeley Weld .................................................... 13.1% Non SMSA Counties Cheyenne, Clear Creek, Elbert, Grand, Kit Carson, Logan, Morgan, Park, Phillips, Sedgwick, Summit, Washington & Yuma ............................ 12.8% 158 1720 Colorado Springs El Paso, Teller ..................................... 10.9% (Colo. Spgs. - 6560 Pueblo Pueblo ................................................. 27.5% Pueblo) Non SMSA Counties Alamosa, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Lake, Las Animas, Lincoln, Mineral, Otero, Prowers, Rio Grande, Sa uache........ 19.0% 159 Non SMSA Archuleta, Delta, Dolores, Eagle, (Grand Junction) Garfield, Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Routt, San Juan, San Miguel 10.2% 156 (Cheyenne - Non SMSA Jackson County, Colorado .................. 7.5% Casper WY) GOALS AND TIMETABLES FOR FEMALE UTILIZATION UntilFurther Notice......................................................................................................................6.9% -- Statewide SSP 58 Federal Aid Project # SHE 2873-128 July 21, 1999 Project Code #14591 2 — AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 604 shall be _. based on its implementation of the Equal Opportunity Clause specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for the geographical area where the contract resulting form this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from.project to project for the sole purpose of meeting the Contractor's goals _ shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract ^ Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this specification, and in the contract resulting from this solicitation, the "covered area" ^ is the county or counties shown on the Invitation for Bids and on the plans. in cases where the work is in two or more counties covered by differing percentage goals, the highest percentage will govem. SSP 59 Federal Aid Project # SHE 2873-128 July 21, 1999 Project Code #14591 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes; (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (III) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractor toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance Programs Office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. SSP 60 Federal Aid Project # SHE 2873-128 July 21, 1999 Project Code #14591 4 '— AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 5. Neither the provisions of any collective bargaining agreement,. nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractors obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractors compliance with these specifications shall be based upon its effort to, achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall _ implement affirmative action steps at least as extensive as the following; a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in all facilities at which the Contractors employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female -- off-the-street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union with which the Contractor has a — collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when he Contractor has other information that the union referral process has impeded the Contractors efforts to meet its obligations. _ e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. Disseminate the Contractors EEO policy by providing notice of the policy to unions and training _ programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc., by specific review of the policy with all management _ personnel and with all minority and female employees at least once a year, and by posting the Contractor's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. SSP 61 Federal Aid Project # SHE 2873-128 July 21, 1999 Project Code #14591 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g. Review, at least annually, the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices; do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and Contractor's activities are nonsegregated except that separate or single - user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. P. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation. SSP 62 Federal Aid Project # SHE 2873-128 duly 21, 1999 Project Code #14591 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor - union contractor -community, or other similar group of which the Contractor is a member and participant, _ may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that. the concrete benefits of the program are reflected in the Contractor's minority and female workforce -, participation, makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, Is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. , 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even thought the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. — 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its Implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13 The Contractor in fulfilling Its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the -' Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation If any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form, however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). SSP 63 Federal Aid Project # SHE 2873-128 July 21, 1999 Project Code #14591 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES. 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal -Aid highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract provisions. b. The Contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The Contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway Program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The Contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program; It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State highway agency contracting officers and equal employment opportunity officer (herein after referred to as the EEO Officer) who will have the responsibility for an must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum; (1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the Contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. SSP 64 Federal Aid Project # SHE 2873-128 July 21, 1999 Project Code #14591 8 — AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the Contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the Contractor. — (3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or appropriate company official in the Contractor's procedures for locating and hiring minority group employees. b. In order to make the Contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the Contractor will take the following actions: (1) Notices and posters setting forth the Contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2) The Contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the Contractor will include In all advertisements for employees the notation; "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups In the area from which the project work force would normally be derived. — b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, Including, but not limited to, State employment agencies, schools, — colleges and minority group organizations. To meet this requirement, the Contractor will, through his EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the _ Contractor for employment consideration. In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the Contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the Contractor to do the same, _ such implementation violates Executive Order 11246, as amended.) c. The Contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. 6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed; a. The Contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. SSP 65 Federal Aid Project # SHE 2873-128 July 21, 1999 Project Code #14591 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY b. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor will inform every complainant of all of his avenues of appeal. 7. Training and Promotion. a. The Contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the Contractor's work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for. the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. c. The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential.of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women with the unions, and to effect referrals by such unions of minority and female employees. Actions by the Contractor either directly or thorough a contractor's association acting as agent will include the procedures set forth below: a.The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The Contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. SSP 66 and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only. one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a, complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 12/03 Section 00100 Page 7 Federal Aid Project # SHE 2873-128 Project Code #14591 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY July 21, 1999 d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within he time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment. vacancies without regard to race, — color, religion , sex or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such Contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority -owned construction firms from State highway agency personnel. b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The Contractor will keep such records as are necessary to determine compliance with the Contractor's equal employment opportunity obligations. The records kept by the Contractor will be designed to indicate: (1) The number of minority and nonminoriy group members and women employed in each work classification on the project. —' (2) The Progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part — on unions as a source of their work force). (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority and female representation among their employees. _ b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for Inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The Contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR 1391. SSP 67 Federal Aid Project # SHE 2873-128 December 20, 2002 Project Code # 14591 -1- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (a) Definitions and Procedures For this project, the following terms are defined: 1. Disadvantaged Business Enterprise (DBE). A small business concern that is certified as being: A. At least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and B. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. C. Socially and economically disadvantaged individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is: (1) Any individual whom the Colorado Department of Regulatory Agencies Office of Certification finds to be a socially and economically disadvantaged individual. (2) Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged: a. "Black Americans," which includes persons having origins in any of the Black racial groups of Africa; b. "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; c. "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; d. "Asian -Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; e. "Subcontinent Asian Americans," which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; f. "Women", which means females of any ethnicity g. "Other," which means any additional groups whose members are designated as socially and economically disadvantaged by the Small Business Administration (SBA), at such time as the SBA designation becomes effective and/or individuals who have been determined to be socially and economically disadvantaged based on the criteria for social and economic disadvantage. 2. Underutilized DBE (UDBE). A firm which meets the definition of DBE above and is eligible to meet the contract goal as defined in the project special provision titled "Contract Goal 3. DBE Joint Venture. Joint venture means an association of a DBE firm and one or more other firms to carry out a single, for -profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. SSp RR Federal Aid Project # SHE 2873-128 December 20, 2002 Project Code # 14591 -2- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS -- A DBE joint venture must be certified as a joint venture by the Business Programs Office at CDOT. A. For those projects set -aside for bidding by UDBEs only; all of the partners in a joint venture must be UDBEs and certification of the joint venture will not be required. B. For all projects other than the set -aside projects discussed in A. above; one of the partners in a joint venture must be a DBE. The DBE percentage of the joint venture will be determined at the time of certification. 4. Contract Goal. The goal for UDBE participation that the Department determines should appropriately be — met by the successful bidder. Contract goal will be the percentage stated in the invitation for bids and in the project special provisions. Successful bidders that are awarded a Contract based on good faith efforts shall continue to make good faith efforts through the period of time that work on the project is in process, to provide for additional UDBE participation toward meeting the goal. 5. Good Faith Efforts. It is the obligation of the bidder to make good faith efforts to meet the contract goal prior to the bid opening. The bidder can demonstrate that it has done so either by meeting -the contract goal or by documenting good faith efforts made. The apparent low bidder shall report all efforts made Including but not limited to the efforts required on CDOT Form No. 718. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and — aggressively trying to obtain UDBE participation sufficient to meet the DBE contract goal. In determining whether a bidder has made good faith efforts, CDOT may take into account the performance of other bidders in meeting the contract. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, CDOT may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful bidder could have met the goal. if the apparent successful bidder fails to meet the goal, but meets or exceeds the average UDBE participation obtained by other bidders, CDOT may view this, in conjunction with other factors, as evidence of the apparent successful — bidder having made good faith efforts. The DBE Program manager in the Business Programs Office is responsible for determining whether a bidder who has not met the contract goal has documented sufficient good faith efforts to be regarded as - responsible. The manager will ensure that all information is complete and accurate and adequately documents the bidder's good faith efforts before CDOT commits to the performance of the contract by the bidder. The DBE Program manager will notify the apparent low bidder by fax regarding any deficiencies In the documentation and effort demonstrated by the bidder. This fax will include the DBE Program manager's recommendation to the DBE Liaison Officer regarding whether the good faith effort demonstrated was sufficient for the bidder to be regarded as responsible. If the bidder may be regarded as responsible but with minor deficiencies in its good faith effort, the bidder will be expected to correct any — deficiencies noted prior to bidding on other CDOT projects. Within 5 working days of being informed by CDOT that it is not a responsible bidder because it has not — documented sufficient good faith efforts, a bidder may request administrative reconsideration from the Good Faith Efforts (GFE) Committee, which will not have played any role in the original determination that the bidder did not document sufficient good faith efforts. The bidder should make this request in writing to: Good Faith Efforts Committee C/O Manager, Center for EO 4201 E. Arkansas Avenue, Denver, CO 80222 — i Phone:303-757-9234 Fax:303-757-9019 As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so. The bidder will also have the opportunity to meet in person with CDOT's GFE SSP 69 Federal Aid Project # SHE 2873-128 December 20, 2002 Project Code # 14591 -3- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS Committee to discuss the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so. CDOT will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts prior to the bid opening to do so. The GFE Review Committee will make a recommendation to the DBE Liaison Officer. The DBE Liaison Officer will review the good faith efforts documentation and the recommendation of the GFE Review Committee, determine whether the required efforts are sufficient for award and notify the Chief Engineer of this finding. The Chief Engineer will make the final decision regarding award. There will be no administrative appeal of the Chief Engineer's decision. If award of the Contract is made based on the Contractor's good faith efforts, the goal will not be waived. The Contractor will be expected to continue to make good faith efforts as described below throughout the duration of the Contract. To demonstrate Good Faith Efforts to meet the Contract goal throughout the performance of the Contract, the Contractor shall document to the Department the steps taken including, but not limited to the following: A. Seek out and consider UDBEs as potential subcontractors. (1) Contact two or more UDBEs for each category of work that is being subcontracted. (2) Affirmatively solicit their interest, capability, and price quotations. (3) Provide equal time for all prospective subcontractors to prepare their proposals. (4) Provide at least as much time to UDBEs in assisting them to prepare their bids for subcontract work as to non UDBE subcontractors. (5) Award subcontracts to UDBEs where their quotations are reasonably competitive with other quotations received. B. Maintain documentation of UDBEs contacted and their responses. (1) Maintain a list of UDBEs contacted as prospective subcontractors. (2) Maintain thorough documentation of criteria used to select each subcontractor. (3) Where a UDBE expressed an interest in a subcontract and made a quotation, and where the work was not awarded to a UDBE, furnish a detailed letter explaining the reasons. (b) Certification as a DBE by the Department 1. Any contractor may apply to the Department of Regulatory Agencies (DORA) for status as a DBE. Application shall be made on forms provided by the DORA for certification of DBEs. Application need not be made in connection with a particular bid. Only work contracted to UDBE contractors or subcontracted to UDBEs and independently performed by UDBEs shall be considered toward contract goals as established elsewhere in these specifications. 2. It shall be the Contractor's responsibility to submit applications so that the DORA has sufficient time to render decisions. The DORA will review applications in a timely manner but is not committed to render decisions about a firm's DBE status within any given period of time. 3. The Department will publish a monthly list of DBE contractors, vendors and suppliers for the purpose of providing a reference source to assist any bidder in identifying DBEs and UDBEs. Bidders will be solely responsible for verifying the Certification of DBEs they intend to use prior to submitting a proposal. The Business Programs Office in the Center for Equal Opportunity will maintain a current list of eligible DBEs and UDBEs. 4. Bidders shall exercise their own judgments in selecting any subcontractor to perform any portion of the work. 5. Permission for a DBE/non-DBE joint venture to bid on a specific project may be obtained from the Department based on information provided by the proposed joint venture on CDOT Form No. 893, SSP 70 Federal Aid Project # SHE 2873-128 December 20, 2002 Project Code # 14591 _ -4- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS "Information For Determining Joint Venture Eligibility". Joint applications should be submitted well in advance of bid openings. (c) Bidding Requirements —' 1. All bidders shall submit with their proposals a fully executed CDOT Form No. 714 including a list of the names of their UDBE subcontractors to meet the contract goal. The apparent low bidder shall submit a fully executed CDOT Form No. 715 for each UDBE used to meet the contract goal (sample attached) no later than 4:00 p.m. on the day after the date of bid opening to the Business Programs Office in the Center for Equal Opportunity. CDOT Form No. 715 may be submitted by FAX, at Fax number (303)757- 9019, with an original copy to follow. In addition, the apparent low bidder shall submit written confirmation from every UDBE used to meet the contract goal that it is participating in the contract as provided in the prime contractor's commitment. If the contract goal is not met, the apparent low bidder shall submit a CDOT form No. 718 and evidence of good faith efforts no later than 4:00 on the day following the bid opening to the Business Programs Office in the Center for Equal Opportunity. CDOT Form NO. 718 may be submitted by FAX, at Fax number (303)757-9019, with an original copy to follow. A copy of CDOT Form No. 718 is incorporated into this specification. 2. The award of Contract, if awarded, will be made to the lowest responsible bidder that will meet or exceed the contract goal or, if the goal will not be met, is able to demonstrate that good faith efforts were made to meet the goal. Good faith efforts are explained in (a)4 of this special provision. 3. The use of the UDBE firms named on CDOT Form No. 714 or on a CDOT Form No. 715, for the items of work described, is a condition of award. The replacement of a named UDBE firm will be allowed only as provided for in (a) of this special provision. Failure to comply will constitute grounds for default and termination of the Contract. 4. Contractor's DBE Obligation. The prime Contractor bidding on construction projects advertised by the _ Department agrees to ensure that Disadvantaged Business Enterprises (DBEs), as defined in this special provision, have the .maximum opportunity to participate in the performance of contracts or subcontracts financed in whole or in part with Federal or State funds. The prime Contractor shall not discriminate on the basis of race, color, national origin, or sex in the bidding process or the performance of contracts. To ensure that UDBEs are offered maximum opportunity to participate in the performance.of contracts, it is the responsibility of the prime Contractor to offer and to provide assistance to UDBEs related to the UDBE performance of the subcontract. However, the UDBE must independently perform a commercially useful function on the project. (d) Counting DBE Participation Toward Contract Goals and CDOT's annual DBE goal Once a firm has been certified as a DBE the total dollar amount of the contract awarded to the firm shall be counted toward CDOT's annual DBE goal and the contract goal as explained below, and as modified for the project in the project special provisions titled "Contract Goal. 2. The actual dollar total of a proposed subcontract, supply or service contract with any DBE firm shall be reported to the Department using CDOT Form No. 713. A CDOT Form No. 713 for subcontracts is to be — submitted with the CDOT Form No. 205 and receipt will be a condition of approval. The eligibility of a proposed DBE subcontractor will be finally established based on the firm's status at the time of CDOT Form No. 205 approval. A CDOT Form No. 713 for a supply or service contract is to be submitted once a contract has been fully executed so the Department will be able to report the DBE participation in a timely manner. The eligibility of a DBE supplier or service firm will be finally established as of the date the CDOT Form No. 713 is received by the Department. A CDOT Form No. 205 is not required for a supply or service contract. SSP 71 Federal Aid Project # SHE 2873-128 December 20, 2002 Project Code # 14591 -5- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS If a firm becomes certified as a DBE during performance under a fully executed contract with CDOT but prior to the DBE performing any work, then 100% of the work performed by the firm under that contract may be claimed as eligible work. 3. The Contractor may count toward its contract goal the percentage of the total dollar amount of a contract with a Department certified joint venture that equals the percentage of the ownership and control of the UDBE partner in a joint venture. 4. A. The Contractor may count toward its contract goal only that percentage of expenditures to UDBEs which independently perform a commercially useful function in the work of a contract. A DBE is considered to be performing a commercially useful function by actually performing, managing, and supervising the work involved. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, work performed solely by the DBE, industry practices, and other relevant factors. B. A DBE may enter into subcontracts consistent with normal Industry practices. If a DBE contractor subcontracts over 51% of the work of the Contract the DBE shall be presumed not to be performing a commercially useful function. The DBE may present evidence to rebut this presumption to the Department. 5. The Contractor may count toward its contract goal the percentage of expenditures for materials and supplies obtained from UDBE suppliers (regular dealers) and manufacturers, provided that the UDBEs assume the actual and contractual responsibility for and actually provide the materials and supplies. A. The Contractor may count 100 percent of its expenditures to a UDBE manufacturer. A DBE manufacturer is a certified firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Contractor. B. The Contractor may count 60 percent of its expenditures to UDBE suppliers that are not manufacturers, provided that the DBE supplier performs a commercially useful function in the supply process. A DBE supplier is a certified firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the Contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a supplier the firm must engage in, as its principal business and in its own name, the purchase and sale of the products in question. A supplier in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or suppliers within the meaning of this section. C. The Contractor may count toward its contract goal the following expenditures to UDBE firms that are not manufacturers or suppliers: (1) The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. (2) The fees charged for delivery of materials and supplies required to a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a supplier of the materials and supplies, provided that the fee is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. (3) The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the Contract, provided that the fee or commission is determined by the RRP 79 Federal Aid Project # SHE 2873-128 December 20, 2002 Project Code # 14591 -6- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 6. To determine the goals achieved under this Contract the participation as described in (d) of this special provision shall be divided by the original prime Contract amount and multiplied by 100 to determine the percentage of performance. The Contractor shall maintain records of payment that show amounts paid to all DBEs. Upon completion of the project, the Contractor shall submit a CDOT Form No. 17 listing all - DBEs that participated in this Contract, the subcontract tier number of each, and the dollar amount paid to each. This dollar amount shall include payments made by nonDBE subcontractors to DBE subcontractors. The Contractor shall certify the amount paid, which may be audited by the Department. ^ When there is no participation by DBEs, the Contractor shall submit a CDOT Form NO. 17 that indicates no participation and gives reasons why there was no participation. CDOT will not count the participation of a DBE subcontractor toward the prime contractor's UDBE achievements or CDOT's overall DBE goal until the amount being counted toward the goal has been paid to the DBE. — (e) Replacement of UDBE Subcontractors used to meet the contract goal Based upon a showing of good cause the Contractor may request that a UDBE named on CDOT Form No. 714 or on a CDOT Form No. 715 be replaced with another UDBE pursuant to the terms and conditions of this special provision. In the event that the Contractor is able to both document the need and to offer a replacement UDBE who can perform the work at a reasonable cost, the Department will approve the replacement at no additional cost to the Department. Replacements will be allowed only with prior written approval of the Department. 1. If a replacement is to be requested prior to the time that the named UDBE has begun to effectively prosecute the work under a fully executed subcontract, the Contractor shall furnish to the Department the following: A. Written permission of the named UDBE. Written permission may be waived only if such permission cannot be obtained for reasons beyond the control of the. Contractor. B. A full written disclosure of the circumstances making it impossible for the Contractor to comply with — the condition of award. C. Documentation of the Contractor's assistance to the UDBE named on CDOT Form No. 714 or on _ CDOT Form No. 715. D. Copies of any pertinent correspondence and documented verbal communications between the Contractor and the named UDBE. E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of the efforts. It is within the control of the Contractor to locate, prior to award, DBEs that offer reasonable prices and that could reasonably be expected to perform the work. For this reason, increased cost shall not, by itself, be considered sufficient reason for not providing an in -kind replacement. 2. In the event a UDBE subcontractor begins to prosecute the work and is unable to satisfactorily complete performance of the work, the Contractor shall furnish to the Department the following: A. Documentation that the subject UDBE subcontractor did not perform In a satisfactory manner. B. Documentation of the Contractor's assistance to the UDBE subcontractor prior to finding the UDBE subcontractor in default. C. A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE stating that it cannot complete the work and it is turning the work back to the Contractor. - SSP 73 Federal Aid Project # SHE 2873-128 December 20, 2002 Project Code # 14591 -7- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS D. Copy of the contract between the Contractor and the UDBE subcontractor, plus any modifications thereto. E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of the efforts. In the event the Contractor is able to locate a replacement UDBE who can perform work at a reasonable cost to the Contractor, and also demonstrates to the satisfaction of the CDOT that prior to bid it had reason to believe that the named UDBE firm was responsible and not expected to default, the Department may modify or renegotiate the Contract to compensate the Contractor for any reasonable extra costs, because of a higher price in the proposal of the replacement UDBE subcontractor than that of the original UDBE subcontractor who failed to perform. Provided, however, that the Department will not be obligated to participate in any increased cost to the Contractor if the UDBE that fails to perform has a recent history of performance failure(s) or default that was either known, or should have been known, to the Contractor prior to award. 3. If the Contractor is unable to locate a UDBE replacement that is both interested in and capable of performing the work at a reasonable cost, the Department may waive the requirement that the work be performed by a UDBE and the Contractor shall provide for the satisfactory completion of the work at no additional cost to the Department. (f) Sanctions It is the obligation of the Contractor to provide DBE firms with the maximum opportunity to participate in the performance of the work. It is the responsibility of DBE firms to perform their work in a responsible manner fully consistent with the intent of the DBE program, and in substantial compliance with the terms and conditions of these DBE definitions and requirements. DBE firms which fail to perform a commercially useful function as described in subsection (d)4 of these DBE definitions and requirements or operate in a manner which is not consistent with the intent of the DBE program may be subject to revocation of certification. A finding by the Department that the Contractor has failed to comply with the terms and conditions of these DBE definitions and requirements shall constitute sufficient grounds for default and termination of the Contract in accordance with subsection 108.08 of the specifications. Attachments: CDOT Form No. 715 CDOT Form No. 718 RSD 7d Federal Aid Project # SHE 2873-128 Project Code # 14591 -8- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM 715 December 20, 2002 I SSP 75 - ....� .......�....,. ...r.......,... r....,.. Project No.: CERTIFICATE OF PROPOSED UNDERUTILIZED DBE (UDBE) Project Code (SA#): PARTICIPATION Location: Form #: of Prime Contractor- Send completed/signed forth to the Business Programs Office (instructions on second page). (NOTE: See 49 CFR part 26.55, and the "DBE - Definitions and Requirements" in the Standard Special Provisions, for further information concerning counting DBE participation of subcontractors, suppliers and service providers toward the project's UDBE goal.) PART 1a - SUBCONTRACT EXPIRATION ELIGIBLE UDBE SUBCONTRACT NAME OF UDBE FIRM TIER CERTIFICATION # AMOUNT DATE ACTUAL CONTRACT AMOUNT ITEMS OF WORK SUBCONTRACTED: PART 1 b - SUPPLY CONTRACT If the supplier is a UDBE "Manufacturer" of the item(s): ; • ACTUAL UDBE AMOUNT = Entire expenditure for materials and supplies including co In IceoLided by the firm 1 • ELIGIBLE UDBE SUPPLY AMOUNT = (ACTUAL UDBE AMOUNT) X 100% If the supplier is a UDBE "Regular Dealer of the item(s): • ACTUAL UDBE AMOUNT = Entire expenditure for materials and su in In co any\ elivery services provided by the firm • ELIGIBLE UDBE SUPPLY AMOUNT = (ACTUAL UDBE AMO T ° If the supplier is neither a "Manufacturer nor a 0. ecaular De ite e A' 1c - SERVICE / BROKER CONTRACT. NAME OF UDBE FIRM CERTIF tf ACTUAL UDBE ELIGIBLE UDBE SUPPLY AMOUNT AMOUNT MATERIALS SUPPLIED: PART IC - S"_ -0 / BROKER CONTRACT Transportation service auling) fees/commissions are to be counted toward contract goals in this section (provided the trucker is NOT classed as a "Manufacturer" or a "Regular Dealer" for the materials supplied). Examples of other services to include in this section would be brokering, bonding, consulting, security guards, and insurance. For a UDBE "Service/Broker Contract": • ACTUAL UDBE AMOUNT = Entire expenditure for services rendered Including cost of any materials/supplies provided by the firm ELIGIBLE UDBE SERVICE FEE AMOUNT = I (ACTUAL UDBE AMOUNT) — (Cost of any materials and supplies) (NOTE: The amounts that count toward UDBE goals are limited to the compensation retained by the UDBE broker/agent for services rendered, provided the feelcommission is determined by CDOT to be reasonable and not excessive as compared with fees customarily charged for similar services.) NAME OF UDBE FIRM CERTIFICATION # EXPIRATION ACTUAL UDBE ELIGIBLE UDBE SERVICE FEE DATE AMOUNT AMOUNT 1 SERVICES RENDERED: ungmai — nusiness vrograms Office Previous editions may not be used CDOT Form 715 05/03 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid _ assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement .or products containing cement to certify that the cement was not made in cement kilns that burn ^ hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 12/03 Section 00100 Page 8 PART 2 — UDBE PARTICIPATION SUMMARY A) What is the total dollar value of this proposed subcontract, supply contract, OR service/broker contract that is eligible for counting toward contract goals? (NOTE: Provide in actual subcontractor dollars and not prime contract prices) A> A = [ TOTAL FROM"ELIGIBLE" COLUMNS IN PART 1 ] B) What is the total dollar value of proposed subcontracts that are eligible for counting towards B> contract goals from prior sheets/forms? C) What is the accumulative value of proposed subcontracts that are eligible for counting towards contract goals? C> C=[A + B] D) What is the original contract bid total? D> E) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs? E=[(C + D) X 100] PART 3 — PRIME CONTRACTOR CERTIFICATION �- certify that: my company has met the contracted UDBE goals or h . adft4WDOT Form #718, DBE Good Faith Effort Documentation. • my company has accepted a proposal from u r" ad above. • my company has notified the propos U., c ntracted UDBE commitment. • my company's use of the propose s"rtl;. a items of work listed above is a condition of the contract award. • my company will invite the p os rl. to attend the preconstruction conference. • my company will not us a subc rector for the proposed UDBE subcontractor's failure to perform under a fully executed subc I Est,.. ny complies with the definitions and requirements section of the DBE Special Provisionsr�- • 1 underStlu t,the information shown on this form will be considered grounds for contract termination. I declare under p &.tawiit the second degree, and any other applicable state or federal laws, that the statements made on this doctrue and complete to the best of my knowledge. Prime Contractor Name: Officer Signature and Title: i.201:ji'llIZ -1 ilyllei.R Date: / 1 Prime Contractor: 6. Retain a photocopy for your records. 1. An officer of the contractors) must complete this form. 7" Send original to: 2. Include only DBE firms which meet the underutilized criteria in Colorado Department of Transportation the contract goal specification for this project (i.e., UDBE firms). Business Programs Office 3. Complete ONLY ONE section for Part 1 (1 a, 1b, OR 1c) 4201 E. Arkansas Ave. 4. Complete ALL sections of Part 2 and Part 3 Denver, Colorado 80222 5. Submit a separate CDOT Form #715 for EACH proposed UDBE. FAX: (303) 757-9019 Original - Business Programs Office Previous editions may not be used CDOT Form 715 05103 PAGE 2 Federal Aid Project # SHE 2873-128 Project Code # 14591 -9- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM NO. 718 Page 1 December 20, 2002 SSP 76 -m COLORADO DEPARTMENTOFTRANSPORTATION 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 DBE (UDBE) contract goals shall use this form to document good faith efforts made to date by said Contractor to attempt to meet these goals. FAILURE TO FULLY COMPLETE THIS FORM MAY RESULT IN REJECTION OF THE BID. Each portion of this form is to be addressed in the space provided, or on supplemental sheets. Attach supporting documentation as required. This completed form and required attachments are to be submitted to the Business Programs Office in the Center for Equal Opportunity prior to 4:00 p.m. on the day after the day bids are opened. This form may be submitted by FAX (303-757-9019) with an original copy to follow. An extension may be granted by the DBE Liaison. Solely at its discretion, CDOT may request additional information and accept additional UDBE participation at any time and prior to the final decision concerning Good Faith Efforts. 1. List sufficient bid items (including portions of bid items) Identified as subcontract work to be performed by UDBEs to achieve the I _. established UDBE participation goal. Indicate the total percentage of work identified for UDBE participation. The total percentage of subcontract items identified for UDBE participation must equal or exceed the percentage goal established by CDOT. It. For each subcontract item identified, contact by mail, FAX and/or telephone a minimum of two currently CDOT-certified UDBEs whose work and function codes match the type of work being solicited. For projects in areas of the state where there are more than two UDBEs capable of performing identified subcontract items, contact at least two thirds of those UDBEs. If soliciting by telephone, provide a telephone log of calls, including topic of discussion, date, time, name of person contacted, and the response received. If soliciting by mail, provide copies of letters to UDBEs and their responses. Letters and FAXes must specifically identify the project, the items to be subcontracted, and the bid date. Letters and FAXes must provide an address and phone number where specific quantities or details will be available to bidders. The Contractor shall provide sufficient time to allow the UDBEs to participate effectively in the bidding process. Submit a detailed explanation addressing failure to provide any of the above. Odginal-Business Programs Office, Copy -Contractor - U V tK Previous editions are obsolete and may not be used CDOT Form #718 3199 III. List all UDBE and non-UDBE bidders, bid dollar amounts for each bid item, and the name of the successful bidder. Describe how bid _ items were broken down to increase opportunities for specific UDBE bidders. if the UDBE bids were rejected, give reasons for each case. Cost alone may not be adequate justification for failure to use a UDBE bid. If the work is to be counted as a potential UDBE subcontract item, the Contractor cannot elect to perform that work itself when a UDBE bid is competitive or only UDBE bids are received. When a non-UDBE bid is significantly lower than a UDBE bid, the Contractor may choose to perform the item itself. Whether a bid is "competitive" or "significantly lower" will be determined by CDOT. Provide a detailed explanation for failure to provide any of the above. IV. The efforts required herein are not exhaustive or exclusive. Other factors or types of efforts may be relevant in appropriate cases. in determining whether Good Faith Efforts have been made, the quantity and intensity of the efforts made as well as kinds of efforts made may be considered. List any additional efforts to increase UDBE contract participation, such as requesting subcontractors to assist with providing UDBE participation. Note the results of such efforts. I I THE CONTRACTOR UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE GOALS ESTABLISHED BY CDOT IS REQUIRED THROUGHOUT THE PERFORMANCE OF THE CONTRACT. Company Signature -. Federal Aid Project # SHE 2873-128 Project Code # 14591 -10- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM NO.718 Page 2 December 20, 2002 SSP 77 U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO GENERAL DECISION NUMBERS C0030014 AND C0030015, HIGHWAY CONSTRUCTION DATE 05-14-04 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. General Decision No. C0030014 applies to the following counties: Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, Jefferson,Latimer Mesa Pueblo and Weld counties. General Decision No. C0030014 The wage and fringe benefits listed below reflect collectively bargained rates. Code 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 1202 Electricians (Adams, Arapahoe, Boulder, Denver, Douglas, 27.91 9.48 3 Jefferson, Latimer, 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 20.17 6.22 2 1301 Bituminous or Asphalt Spreader/Laydown Machine 20.17 6.22 2 1302 Bulldozer 20.17 6.22 2 Crane: 1305 50 tons and under 20.32 6.22 2 1306 51 to 90 tons 20.47 6.22 2 1307 91 to 140 tons 20.62 6.22 2 1308 141 tons and over 21.38 6.22 2 SSP 78 U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-14-04 GENERAL DECISION NUMBERS CO030014 AND CO030015, HIGHWAY CONSTRUCTION General Decision No. CO030014 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS (cont.): Drill Operator: 1309 William MF/Watson 2500 only 20.47 6.22 2 Grader/Blade: 6.22 2 1310 Rough 20.17 6.22 2 1311 Finish 20.47 6.22 2 Loader: 6.22 2 1312 Barber Green, etc., 6 cubic yards and under 20.17 6.22 2 1313 Over 6 cubic yards 20.32 6.22 2 Mechanic and/or Welder (Includes heavy duty and combination mechanic and welder): 6.22 2 1314 Mechanic and/or Welder 20.32 6.22 2 1315 Mechanic/Welder (Heavy duty) 20.47 6.22 2 1316 Oiler 19.47 6.22 2 Power Broom: 6.22 2 1317 Under 70 HP 19.47 6.22 2 1318 70 HP and over 20.17 6.22 2 Roller: 6.22 2 1319 Self-propelled, rubber tires under 5 tons 19.82 6.22 2 1320 Self-propelled, all types over 5 tons 20.17 6.22 2 Scraper: 6.22 2 1321 Single bowl under 40 cubic yards 20.32 6.22 2 1322 Single bowl including pups 40 cubic yards and tandem bowls and over 20.47 6.22 2 1323 Trackhoe 20.32 6.22 2 1324 Water Truck 20.32 6.22 2 Laborers: 1400 Asphalt Laborer/Raker, Common Laborer, and Concrete Laborer/Mason Tender 16.29 4.25 SSP 79 U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-14-04 _ GENERAL DECISION NUMBERS CO030014 AND CO030015, HIGHWAY C 0W.n%TRTIC n0M General Decision No. CO030014 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Beneflts Last Rate Mod 1500 Bricklayers 15.55 2.85 Carpenters: 1600 Form Work (Excluding curbs and gutters) 16.54 3.90 1601 All other work 16.61 3.88 1700 Concrete Flydshers/Cement Masons 16.05 3.00 Ironworkers: 1900 Reinforcing 16.69 5.45 1901 Bridge Rail (Excludes guardrail) 18.22 6.01 Laborers: 2001 Fence Erector (Includes fencing on bridges) 13.02 3.20 2002 Form Work (Curbs and gutters only) 11.85 3.45 2003 Guardrail Erector (Excludes bridgerail) 12.89 3.20 2004 Landscape and Irrigation Laborer 12.26 3.16 2005 Pipelayer 13.55 2.41 2006 Striping Laborer (Pre -form layout and removal of pavement markings) 12.62 3.21 2007 Traffic Director/Flagger 9.55 3.05 2008 Traffic and Sign Laborer (Sets up barricades and cones, and installs permanent signs) 12.43 3.22 PAINTERS 2100 Brush 16.94 2.10 2101 Spray 16.99 2.87 POWER EQUIPMENT OPERATORS: 2200 Backhoes 16.54 4.24 2201 Bobcat/Skid Loader 15.37 4.28 2202 Concrete Pump Operator 16.52 4.30 r, SSP 80 -- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-14-04 GENERAL DECISION NUMBERS C0030014 AND C0030015, HIGHWAY CONSTRI ICTiON General Decision No. C0030014 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS (cont.): Drill Operator: 2203 All except William MF/Watson 2500 16.74 2.66 2204 Forklift 15.91 4.09 2205 Rotomill Operator 16.22 4.41 2206 Post Driver/Punch Machine 16.07 4.41 2207 Tractor 13.13 2.95 2208 Compactor 16.70 3.30 Traffic Signal Installation: 2300 Traffic Signal Installers 18.66 4.12 2301 Groundsman 11.44 3.25 Truck Drivers: 2400 Floats -Semi Truck 14.86 3.08 2401 Multipurpose Truck - Specialty & Hoisting 14.35 3.49 2402 Truck Mechanic 16.91 3.01 2403 Pickup Truck (Includes Pilot and Sign/Barricade Truck) 13.93 3.68 2405 Single Axle Truck 14.24 3.77 2406 Distributor Truck 15.80 5.27 2407 Dump Truck: 2408 14 cubic yards and under 14.93 5.27 2409 15 to 29 cubic yards 15.27 5.27 2410 30 to 79 cubic yards 15.80 5.27 2411 80 cubic yards and over 16.45 5.27 2412 Low Boy Truck 17.25 5.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses [29 CFR 5.5(a)(1)(ii)j. END OF GENERAL DECISION NUMBER C0030014. SSP 81 U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO GENERAL DECISION NUMBERS C0030014 AND C0030015, UTC.TTWAV MWRTRTX nOW DATE 05-14-04 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, Ron% Saguache, San Juan, San Miguel, Sedgwick,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, 18.98 8.44 2 Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Rio Grande, and Saguache counties) Electrical work over $200,000 (Alamosa, Archuleta, Baca, 3201 Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, 24.74 8.44 2 Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Rio Grande, and Saguache counties) Electricians (Clear Creek, Eagle, Gilpin, Grand, Jackson, Lake, 3202 Logan, Morgan, Phillips, Sedgwick, Summit, Washington, 27.91 9.48 3 and Yuma counties) 3203 Electricians (Cheyenne, Elbert, Kit Carson, Lincoln, Park, 24.54 11.20+ 3% 3 and Teller counties) 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 20.17 6.22 2 3301 Bulldozer 20.17 6.22 2 Crane: 6.22 2 3302 50 tons and under 20.32 6.22 2 3303 51 to 90 tons 20.47 6.22 2 3304 91 to 140 tons 20.62 6.22 2 3305 141 tons and over 21.38 6.22 2 3306 Grade Checker 20.32 6.22 2 Loader: 6.22 2 3307 Barber Green, etc., 6 cubic yards and under 20.17 6.22 2 3308 Over 6 cubic yards 20.32 6.22 2 SSP 82 SECTION 00300 BID FORM U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-14-04 GENERAL DECISION NUMBERS C0030014 AND C0030015, HIGHWAY CONSTRUCTION General Decision No. C0030015 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS (cont.): Roller: 3309 Self-propelled, rubber tires under 5 tons 19.82 6.22 2 3310 Self-propelled, all types over 5 tons 20.17 6.22 2 3311 Trackhoe 20.32 6.22 2 3312 Oiler 19.47 6.22 2 3313 Water Wagon 20.32 6.22 2 General Decision No. C0030015 The wage and fringe benefits listed below do not reflect collectively bargained rates. Carpenters: 3600 Form Building and Setting (Excluding curbs and gutters) 15.92 5.38 3601 All other work 16.30 3.71 3700 Concrete Finishers/Cement Masons 15.55 2.85 3800 Groundmen (Traffic signalization) 11.57 3.50 Ironworkers: 3900 Reinforcing 16.94 6.77 3901 Bridge Rail (Excluding guardrail) 16.76 6.01 Laborers: 4000 Asphalt Laborer/Raker 12.40 2.92 4001 Common 12.44 3.53 4002 Concrete Laborer/Mason Tender 12.44 3.10 4003 Striping -Paint Laborer (Pre -form layout and removal of pavement markings) 12.90 3.07 4004 Traffic Director/Flagger 9.42 3.21 4005 Traffic/Sign Laborer (Sets up barricades and cones, and installs permanent signs) 12.39 3.20 4007 Guardrail (Excludes bridgerail) 12.78 3.31 4008 Formwork (Curbs and gutters only) 12.92 4.54 4009 Landscape Laborer (Including irrigation work) 12.21 3.16 Painters: 4100 Spray 17.54 3.52 SSP 83 U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-14-04 GENERAL DECISION NUMBERS C0030014 AND C0030015, _ 14MUW A V MW4ZTR T Tr r YnW 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 I only as provided in the labor standards contract clauses [29 CFR 5.5(a)(1)(u)). END OF GENERAL DECISION NUMBER C0030015. SSP 84 U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-14-04 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. SSP 85 Federal Aid Project # SHE 2873-128 December 20, 2002 Project Code #14591 ON THE JOB TRAINING This training special provision supplements subparagraph 6 of paragraph B and supersedes subparagraph 7b of paragraph C of the Special Provision entitled "Affirmative Action Requirements, Equal Employment Opportunity" and is an implementation of 23 U.S.C. 140 (a). As part of the Contractor's Equal Employment Opportunity Affirmative Action Program, training shall be provided as follows: (a) General Requirements The Contractor shall provide on the job training aimed at developing full journey workers in the type of trade or classification involved. Training and upgrading of minorities and women toward journey worker status are a primary objective of _ this training special provision. Accordingly, the Contractor shall make every reasonable effort to enroll minority trainees and women (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees) to the extent that such persons are available .. within a reasonable area of recruitment. The Contractor shall be responsible for demonstrating the steps that were taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with this training special provision. This training commitment shall not be used to discriminate against any applicant for training whether a member of a protected class or not. 3. An employee shall not be employed as a trainee in any classification in which the employee has successfully completed a training course leading to journey worker status or in which the employee has _ been employed as a journey worker. The Contractor shall satisfy this requirement by including appropriate questions (i.e. Have you ever worked as a journeyman in the highway construction industry?) In the employee application or by other suitable means. Regardless of the method used, the Cohtractor's records shall document the findings in each case. 4. The minimum length and type of training for each classification shall be as established in the training program selected by the Contractor and approved by the Department and the Colorado Division of the Federal Highway Administration (FHWA), or the U. S Department of Labor, Bureau of Apprenticeship and Training (DOL). The Department and the FHWA will approve a program if a is reasonably calculated to meet the Equal Employment obligations of the Contractor and to qualify the average trainee for journey worker status in the classification concerned by the end of the training period. Apprenticeship and ^ training programs will be accepted if registered with the U.S. Dept. of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau. To obtain FHWA approval, the Contractor's training program must be reviewed by the CDOT Business Programs Office — OJT Program Manager and approved by the Colorado Division of the FHWA. The Contractor shall allow up to 30 days for FHWA review. The proposed training program shall be submitted by the Contractor to: OJT Program Manager — Business Programs Office 4201 East Arkansas Avenue Denver, CO 80222 5. Approved training programs shall provide the trainee with a minimum of 2000 hours of training which includes a minimum of 40 hours of classroom training. Credit for prior classroom or other training may be allowed if such training is relevant to the trainees' current training program requirements. 6. Training is to be provided in the construction crafts rather than clerk -typists or secretarial -type positions. Training is permissible in lower level management positions such as office engineers, estimators, time -keepers, etc., where the training is oriented toward construction applications. Training in the laborer classification may be permitted when significant and meaningful training is provided and it is approved by the FHWA Division office. There will be no reimbursement for offske training. SSP 86 Federal Aid Project # SHE 2873-128 Project Code #14591 ON THE JOB TRAINING December 20, 2002 The Contractor shall pay the training program wage rates and the correct fringe benefits to each registered trainee employed on the contract work and currently enrolled in an approved program. The minimum trainee wage shall be the full laborer wage (group 2, outside labor, above ground) on all Davis -Bacon projects. 8. All apprentices or trainees for which the Contractor expects to receive reimbursement must first be registered on the project by submitting a completed CDOT Form 838. This form must then be reviewed and approved by the CDOT Region Equal Employment Opportunity (EEO)/Civil Rights Specialist before reimbursement will be made. Requests for registration shall be submitted in writing to the Engineer and will be granted when the following information is provided and approved: a. A completed CDOT Form No. 838 for each trainee or apprentice b. Evidence of the approval of the applicable trainee program. c. Evidence of the registration of the trainee into the approved trainee program d. A copy of the current applicable approved training program. 9. Within the first 100 hours of training time completed, the Contractor shall provide each trainee with a review of the training program, pay scale, pension and retirement benefits, health and disability benefits, promotional opportunities, company policies and complaint procedure. The Contractor shall also furnish the trainee a copy of the training program. 10. On a monthly basis, the Contractor shall provide to the Engineer a completed On The Job Training Progress Report (CDOT Form No. 832) for each approved trainee or apprentice on the project. The CDOT Form No. 832 must be reviewed and approved by the CDOT Region Equal Employment Opportunity (EEO)/Civil Rights Specialist before reimbursement will be made. The Contractor will be reimbursed for each approved apprentice or trainee required by the Department and documented on CDOT Form 832, but not more than the OJT Force Account budget unless approved by the Engineer. Upon completion of training, transfer to another project, termination of the trainee or notification of final acceptance of the project, the Contractor shall submit to the Engineer a "final" completed CDOT Form No. 832 for each approved apprentice or trainee. 11. All forms referred to are available from the Business Programs Office of the Department of Transportation, through the CDOT Region Equal Employment Opportunity (EEO) /Civil Rights Specialist, or on CDOT's website at http://www.dot.state.co.us/Bidding/BidForms.htm 12. The Engineer will provide reimbursement to the Contractor. Payment is based on the number of hours of on-the-job training the Contractor provides to the trainee under this Contract and the applicable reimbursement rate. Submission of the CDOT Form No. 832 will document the training hours provided during the month, and will be considered a request for payment. Where applicable, the Contractor shall note and explain discrepancies between the hours documented on CDOT Form No. 832 and the corresponding certified payrolls. To receive payment the CDOT Forms 838 and 832 must be completed In full and the Contractor must be in compliance with all requirements of this specification. (b) Standard Training Program If the Contractor is not participating in the Department's Colorado Training Program, the training shall be provided according to the following: The number of training hours for the trainees to be employed on the project shall be as shown in the Contract. The trainees or apprentices employed under the Contract shall be registered with the Department using CDOT Form No 838. 2. Subcontractor trainees who are enrolled in an approved Program may be used by the Contractor to satisfy the requirements of this special provision. SSP 87 Federal Aid Project # SHE 2873-128 Project Code #14591 3 ON THE JOB TRAINING December 20, 2002 November xx, 2002 3. At least ten working days prior to the first progress payment to be made after work has begun, the w Contractor shall submit to the Engineer documentation showing DOL or FHWA approval of the Contractor's training program, a plan that identifies each proposed trainee, total training hours for each trainee, and the construction phase for training each of the proposed trainees, including the duration, for this specific project. Progress payments may be withheld until this plan is submitted and approved and may be withheld if the approved plan is not followed. 4. A trainee shall begin work on the project as soon as possible utilizing the skill involved and remain on the project as long as meaningful training opportunities exist. It is not required that all trainees be employed on the project for the entire length of the Contract. 5. The Contractor will be reimbursed 80 cents per hour for each approved apprentice or trainee required by - the Department. 6. In order to receive reimbursement, the Contractor shall provide the number of training hours specified in the OJT goal assigned to the project. 7. The OJT goal for the project will be included in the Project Special Provisions and will be determined by the CDOT Region, Equal Employment Opportunity (EEO) /Civil Rights Specialist after considering: a. Availability of minorities, women, and disadvantaged for training; b. The potential for effective training; c. Duration of the contract; d. Dollar value of the contract; e. Total normal work force that the average bidder could be expected to use; f. Geographic location; g. Type of work; and h. The need for additional journey workers in the area; 8. The guidelines for contract dollar value, minimum total training hours, and maximum reimbursement are as follows: Category Contract dollar value Minimum total training hours to be provided on the project Maximum reimbursement allowed A Up to 1 million 0 0 B >1- 2 million 320 $600 C >2 - 4 million 640 $800 D >4 - 6 million 1280 $1400 E >6 - 8 million 1600 $1700 F >8 - 12 million 1920 $2000 G >12 - 16 million 2240 $2,4000 H >16 - 20 million 2560 $2,600 1 For each increment of $5 million, over $20 million 1280 $1400 SSP 88 Federal Aid Project # SHE 2873-128 Project Code #14591 4 ON THE JOB TRAINING December 20, 2002 The Contractor shall have fulfilled its responsibilities under this training special provision if the CDOT Regional Civil Rights Equal Employment Opportunity (EEO)/Civil Rights Specialist has determined that it has provided acceptable number of training hours specified in the Contract in accordance with this special provision. (c) Colorado Training Program. If the Contractor has a current approved Colorado Training Program plan, the training shall be provided according to the following: 1. The Contractor shall comply with the requirements of the Department's procedures as defined in the Colorado Training Program Manual 2. If the Contractor has an approved Colorado Training Program plan, then they shall be exempted from the contract OJT goal. 3. Each trainee enrolled in the Colorado Training Program will receive a minimum of 1200 hours per year of on-the-job training. Up to 200 hours of offsite classroom training can be included in the 1200 hours minimum. The trainee's hours per year may be on CDOT or non-CDOT projects. 4. At least ten working days prior to the first progress payment to be made after work has begun, the Contractor shall submit to the Engineer documentation showing DOL or FHWA approval of the Contractor's training program and proof of good standing in the Colorado Training Program. 5. The Contractor will be reimbursed $4.80 per hour for each approved trainee who is working on the Contract . Of the $4.80 per hour reimbursed to the Contractor, any amount over $.80 per hour must be forwarded by the Contractor to the trade or labor organization(s) through which the Contractor obtains their trainees or apprentices (sponsor) and spent for training and recruitment. The Department will not reimburse for classroom training or training provided on non-CDOT projects. 6. Contractors who are in good standing in the Colorado Training Program will receive hours credit for their trainees whether they work on a CDOT or a non-CDOT project. Contractors will be reimbursed by CDOT only for hours worked on CDOT projects. 7. The Contractor will be considered in compliance with the requirements of the Colorado Training Program when the Contractor demonstrates to the Department that it has met the requirements described in this special provision and the Contractor's approved Colorado Training Program Training Plan. 8. The Contractor shall comply with the affirmative action requirements in their approved Colorado Training Program Training Plan. 9. Contractors must have an approved Training Plan for the calendar year to be able to use this option. Contractors who do not have an approved Colorado Training Program Training Plan must comply with the requirements of Part (b) of this special provision. 10. The minimum required number of trainees to be employed by the Contractor shall be as shown in the Contractor's approved Colorado Training Program Training Plan. 11. The Contractor shall have fulfilled its responsibilities described in this special provision if it has remained in good standing in the Colorado Training Program during the life of the Contract. +$61a*z SSP 90 July 21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts. SSP 91 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS July21, 1999 FHWA-1273 Dechwle version — March 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 6. Selection of Labor: During the performance of this con - Page tract. the contractor shall not: I. General.........................................................1 It. Nondiscrimination............................................1 III. Nonsegrated Facilities......................................3 IV. Payment of Predetermined Minimum Wage .......... 3 V. Statements and Payrolls...................................6 VI. Record of Materials, Supplies, and Labor.............6 VII. GeneralSubletting or Assigning the Contract ......... 7 Vill. Safety: Accident Prevention...............................7 IX. False Statements Concerning Highway Projects. ..7 X. Implementation of Clean Air Act and Federal Water Pollution Control Act................................8 Xi. Certification Regarding Debarment, Suspension...... Ineligibility, and Voluntary Exclusion..................8 XII. Certification Regarding Use of Contract Funds for... Lobbying......................................................9 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's Immediate superin- tendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference In any case. The prime contractor shall be responsible for compliance by any subcontrac- for or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided In 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor (DOC) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause Include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. a. discriminate against labor from any other State, posses- sion, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. If. 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 spec 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 pt deg.) 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, preapprenficeship, 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 contractors EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contract- July21, 1999 SSP 92 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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 contractors EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged In direct recruitment for the project will be Instructed by the EEO Officer in the contractors procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractors EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractors EEO policy and the procedures to implement such policy will be brought to the attention of employ- ees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contrac- tor will include in all advertisements for employees the notation: "An Equal Opportunity Employer.' All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargain- ing agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contrac- tor will 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 penults the contractors compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such imple- mentation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not Indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there Is evidence of discrimination. Where evidence is found, the contractor will promptly take oortective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly Investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimina- tion may affect persons other than the complainant, such correc- tive action shall Include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and Increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractors work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., appren- ticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. C. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractors association acting as agent will Include the procedures set forth below: a. The contractor will use best efforts to develop, In cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for member- ship in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to Incorporate an EEO clause Into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor Is to obtain Information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such Information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, SECTION 00300 BID FORM PROJECT: SH 287 & LAKE STREET MEDIAN IMPROVEMENTS; BID NO. 5866 P1aceCity of Ft. Collins Date 06/30/04 1. In compliance with your Invitation to Bid dated June 7, 2004 and subject to all conditions thereof, the undersigned TLM Constructors, Inc. a **(Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor)** authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of dj 491a ($ in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: HRH of Colorado, PO Box 469025, Denver, CO 80246-9025 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through 2 7/96 Section 00300 Page 1 July21, 1999 SSP 93 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement provid- ing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. S. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability In the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by autho- rized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportuni- ties for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, Indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on -the - job training is being required by special provision, the contractor All be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agree- ment or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the fine does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The fine agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in Its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work In a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provi- sions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, July 21, 1999 SSP 94 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION .CONTRACTS without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employees payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and Interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein Incorpo- rated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classifi- cation requested is not performed by a classification in the wage determination; (2) the additional classification is utilized In the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area In which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (If known) to be employed in the addition- al classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Stan- dards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time Is necessary. d. In the event the contractor or subcontractors, as appro- priate, the laborers or mechanics -to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed ciassification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all Interested parties and the recommenda- tion of the contracting officer, to the Wage and Hour Administrator for determination. Sold Administrator, or an authorized represen- tative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropri- ate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work In the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed In the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated In the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated In providing bona fide fringe benefits under a plan or program, provided, that the Secre- tary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and Individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or If a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who Is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman - level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, Who Is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed In the wage determination far the classification of work actually performed. In addition, any appren- tice performing work on the job site In excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a koallty 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 suboontracto'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 apprentce's level of progress, expressed as a percentage of the joumeyman4avel 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 SSP 95 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an accept- able program Is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16. trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employ- ment and Training Administration. (2) The ratio of trainees to joumeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not regis- tered and participating in a training plan approved by the Employ- ment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classifica- tion of work actually performed. In addition, any trainee perform- ing work on the job site In excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not lass than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the joumeyman4evel hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Adminis- tration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification Is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved defini- tion, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually per- formed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal - aid highway construction programs are not subject to the require- ments of paragraph 4 of this Section iV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentic- es and trainees to journeymen shall not be greater than permitted by the terms of the particular program. July 21, 1999 The SHA shall upon Its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other, Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, em- ployed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or Involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work In excess of 40 hours In such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours In such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: in the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, In the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth In paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon Its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 6. Withholding: I. Compliance with Copeland Regulations (29 CFR 3): . SSP 96 REQUIRED CONTRACT PROVISIONS FEDERAL-AiD CONSTRUCTION CONTRACTS . The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll ,records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described In Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. in addition, for Appalachian contracts, the payroll records shall contain a notation Indicating whether the employee does, or does not, normally reside In the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic Include the amount of any costs reasonably anticipated In providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commit- ment to provide such benefits Is enforceable, that the plan or program Is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost Incurred In providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall famish, 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 forth desired. Optional Forth WH-347 Is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submis- sion of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcon- tractor or hisRter 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; July 21, 1999 (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equiva- lent for the classification of worked performed, as specified in the applicable wage determination Incorporated Into the contract. e. The weekly submission of a properly executed cartifica. tlon set forth on the reverse side of Optional Form WH-347 shall sad* 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-ald contracts on the National Highway System, except those which provide solely for the Installation of protective devices at railroad grade crossings, those which.are constructed on a force account or direct. labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds' prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and Incorporated in the work, and also of the quantities of those specific materials and supplies listed on Forth FHWA-47, and In the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph .lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VIL SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not lose 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 horns performed may be deducted from the total original contract price before computing SSP 97 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. 'Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on -the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth In paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or Otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. Vlll. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as It determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters Into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3. it Is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to Inspect or Investigate the matter of compliance with the 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 July 21, 1999 In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-akl 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 o/ the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation,, or Whoever knowingly makes any false statement, false represen- tation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be /umished, In connection with the construction of any highway or related project approved by the Secretary of Transportation, or Whoever knowingly makes any false statement or false repre- sentation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 21, 1916, (39 Stat. 355), as amended and supple- mented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract Is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 of seg., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 at sue., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the data of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. SSP 98 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 2. That the firm agrees to comply and remain In compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the fine shall promptly nobly the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that Is or will be utilized for the contract Is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X In every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such require- ments. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transac- tions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant Is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why It cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agencys determination whether to enter Into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disquali- fy such a person from participation in this transaction. c. The certification In this clause is a material representation of fad upon which reliance was placed when the department or agency determined to enter Into this transaction. If it Is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to. the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immedi- ate written notice to the department or agency to whom this proposal is submitted If any time the prospective primary partici- pant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The temps "covered transaction" "debarred' "suspend- ed," 9neligible; "lower tier covered transaction; "participant," "person,* "primary covered transaction," "principal," "proposal; and "voluntarily excluded; as used In this clause, have the meanings set out In the Definitions and Coverage sections of rules Implementing Executive Order 12549. You may contact the department or agency to which this proposal Is submitted for assistance in obtaining a copy of those regulations. E The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered Into, it shad not knowingly enter into any lower ter covered transaction with a person who Is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering Into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause tiled "Certifi- cation Regarding Debarment, Suspension, Ineligibility and Volun- July 21, 1999 tary Exclusion -Lower Tier Covered Transactlon," provided by the department or agency entering into this covered transaction, without modification, in all lower der covered transactions and In all solicitations for lower ter covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant In a lower der covered transaction that is not debarred, suspended, ineligible, or volun- tarlly excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and .frequency by which it determines the eligibility of Its principals. Each participant may, but Is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocure- ment List) which is compiled by the General Services Administre- bon. I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render In good faith the certification required by this clause. The knowledge and Information of participant is not required to exceed that which Is normally possessed by a prudent person in the ordinary course of business dealings. J. Except for transactions authorized under paragraph f of these instructions, If a participant in a covered transaction knowingly enters into a lower Car covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, In addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions 1. The prospective primary participant certifies to the best of Its knowledge and belief, that It and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil Judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated In paragraph lb of this certification; and d. Have not within a 3-year period preceding this applica- tion/proposal had one or more public transactions (Federal. State or local) terminated for cause or defauiL 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. July 21, 1999 SSP 99 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower Her transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted If at any time the prospective lower Her participant learns that its certification was erroneous by reason of changed circum- stances. d. The terms "covered transaction," "debarred," "suspend- ed," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower Her participant agrees by submit- fing this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter Into any lower tier covered transaction with a person who Is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective tower Her participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -tower 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 Her covered transaction that Is not debarred, suspended, Ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of Its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records In order to render in good faith the certification required by this clause. The knowl edge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, In addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions: 1. The prospective lower Her 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 tler participant Is unable to certify to any of the statements in this certification, such prospec- five participant shall attach an explanation to this proposal. XIL CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all. Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submit- ting this bid or proposal, to the best of his or her knowledge and belief, that a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection With the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempt- ing to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its Instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering Into this transaction imposed by 31 U.S.C. 1352. Any person who falls to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. January 17, 2003 -SSP 100- SPECIAL NOTICE TO CONTRACTORS — 1. SCOPE work or quantities are revised. 1.1 It is the intent of this chapter to provide 3.2 At the completion of the project, the — guidelines to the Contractor or Sub- Contractor shall furnish the Engineer with a Contractor, so that they can properly present completed CDOT Form #250 - Materials their materials for inclusion at the Documentation Record listing items utilized — construction project. to construct the project and the approximate quantity of each item. 1.2 The Contractor shall follow the procedures listed below to ensure the proper inspection, 4. BUY AMERICA REQUIREMENTS. sampling, testing and certification of materials and products incorporated into all 4.1 In accordance with Subsection 106.08 of the construction projects. Standard Specifications and as referenced in — 23 CFR 635.410: 1.3 The words "Prequalification of Bidders" (102.01 Standard Specifications) has A. All manufacturing processes, including — occasionally been confused with the application of a coating, for all steel "Prequalification of Manufacturers / Supplier" products and all iron products or with "Pre -Approval of Products or permanently incorporated in the work Materials". These terms are not _ shall have -occurred in the United States interchangeable. of America. 1.4 Two information sources that can provide B. The Contractor shall provide a assistance and clarification are: Business certification by each supplier, distributor, Center - Project Bidding fabricator, and manufacturer that has (http://www.dot.state.co.us/BusinessCenter/ handled the steel or iron product, Bidding/) and Design Support — Manuals including the application of coating. -' (http://www.dot.state.co.us/DevelopProjects/ DesignSupport/). C. These certifications shall create a chain of custody, and the lack of these — 2. PROVIDE NOTIFICATION OF MATERIALS certifications will be justification for SOURCES AND SUPPLIERS. rejection of the steel or iron product. 2.1 In accordance with subsection 106.01 of the D. Upon completion of the project, the — Standard Specifications: Contractor shall certify in writing their compliance with this requirement. (An The Contractor shall submit a list of material example of what is required on a — sources and suppliers to the Engineer. The Certificate of Contractor's Compliance to list shall include company name and Buy America is on page 9 of this address, item to be supplied, and contact chapter. An original signature is person where material can be Inspected. required on the Certificate for the Project "- Files. 3. DESIGN/BUILD PROJECTS - MATERIALS DOCUMENTATION RECORD, CDOT _ FORM #250 3.1 Two weeks before construction of any — element of work, the Contractor shall furnish the Engineer a schedule of items and approximate quantities to be incorporated — Into the project. This information is to include the item of work with location and dates. The Contractor shall immediately notify the Engineer, in writing, if the items of — -SSP 101- SPECIAL NOTICE TO CONTRACTORS 5. DESIGNATED PRODUCTS AND ASSEMBLIES. 5.1 The majority of materials submitted for inclusion on CDOT projects will fall within one of four levels of product acceptance for the their sampling and testing. CDOT always retains the right through its Quality Assurance (QA) Program to obtain samples for additional testing and require supplemental documentation. 5.2 If the material or product is not referenced within the four levels of product acceptance then the materials or products must be fabricated or supplied in accordance with the requirements of the applicable Colorado Department of Transportation specifications, plans, and standards. Examples of materials and products not found in the following four levels are Aggregate Base Course, Hot Bituminous Pavement, and Concrete. A. PRE -INSPECTED: Pre -Inspection is when representatives from the Colorado Department of Transportation visit a manufacturer's facility to perform an initial review of the company's quality control plan and employee certifications, as well as subsequent inspection visitations during the manufacturing of the product. Inspection arrangements should be made by contacting the CDOT Staff Bridge Fabrication Inspectors at (303) 757-9192 a minimum of 10 days prior to the beginning of fabrication. Failure to give notification may result in delays to the project and/or rejection of materials or products. Note 1: Bearing Devices and Expansion Devices are inspected randomly at the discretion of the Bridge Design and Management Branch. Products needing Pre -Inspection: Bearing Devices (Type III) - Bridge" Expansion Device - BridgeA (0-6", through, 0-24") Prestressed Concrete Units - Bridge" Structural Steel - BridgeA B. CERTIFIED TEST REPORT (CTR): January 17, 2003 The Certified Test Report level of acceptance is when a manufacturer is required to submit actual test results performed on the material being provided. A CTR shall contain the actual results of tests for the chemical analysis, heat treatment, and/or mechanical properties of the drawing and/or specification. The contract will designate products and assemblies that can be incorporated in the work, if accompanied by Certified Test Reports. The word preceding the Test Report may vary between different industries, such as Certified, Mill, Metallurgical, Laboratory. In accordance with Subsection 106.10 of the Standard Specifications and the requirements of this document, the report shall include: 1) The Department's project number 2) Manufacturer's name 3) Address of manufacturing facility 4) Laboratory name & address 5) Name of product or assembly 6) Complete description of the material 7) Model, catalog, stock no. (if applicable) 8) Lot, heat, or batch number identifying the material delivered 9) Date(s) of the laboratory testing 10) All test results are required to verify that the material furnished conforms to all applicable Department specifications. Test results shall be from tests conducted on samples taken from the same lot, heat, or batch. The Certified Test Reports must be an original document, not a facsimile, with an original signature (including corporate title) by a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the. product or assembly to be incorporated into the project has been sampled and tested, and the samples have passed all specified tests. One copy of the Certified Test Report shall be furnished to the Engineer at the time of material delivery. Failure to comply may result in delays to the project and/or rejection of the materials. Products or assemblies furnished on the basis of CTRs may be sampled and tested by the Department. If it is determined that the material does not meet the applicable specifications, the material may be rejected or may be accepted according to Subsection 105.03 of the Standard January17, 2003 -SSP 102- SPECIAL NOTICE TO CONTRACTORS Specifications. (An example of what is required on a Certified Test Report is on page 10 of this chapter.) Below is a partial list of products or categories that require a Certified Test Report: Bearing Devices (Type III) - Bridge" Cribbing Mechanical Fasteners (Field) A Glass Beads (for pavement marking) Overhead Sign Structures A Top Soil Traffic Signal Structures A Pavement Marking Paint Epoxy Pavement Marking Material C. CERTIFICATE OF COMPLIANCE (COC): The Certificate of Compliance level of acceptance is when a manufacturer is required to submit a document certifying that the material being provided meets all required Department specifications. A COC shall contain a reference to the actual tests for the chemical analysis, heat treatment, and/or mechanical properties of the drawing and/or specification. The contract will designate products and assemblies that can be incorporated in the work, If accompanied by Certificates of Compliance. In accordance with Subsection 106.09 of the Standard Specifications and the requirements of this document, the certificate shall include: 1) The Department's project number 2) Manufacturer's name 3) .Address of manufacturing facility 4) Laboratory name & address 5) Name of product or assembly 6) Complete description of the material 7) Model, catalog, stock no. (if applicable) 6) Lot, heat, or batch number identifying the material delivered 9) Date(s) of the laboratory testing 10) Listing of all applicable specifications required by the Department for this particular product or assembly. Certificates shall reference the actual tests conducted on samples taken from the same lot, heat, or batch. The Certificate of Compliance must be an original document, not a facsimile, with an original signature (including corporate title) by a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and tested, and the samples have passed all specified tests. One copy of the Certificate of Compliance shall be furnished to the Engineer at the time of material delivery. Failure to comply may result in delays to the project and/or rejection of the materials. Products or assemblies furnished on the basis of COCs may be sampled and tested by the Department. If it is determined that the material does not meet the applicable specifications, the material may be rejected or may be accepted according to Subsection 105.03 of the Standard Specifications. (An example of what is required on a Certificate of Compliance is on page 11 of this chapter.) Below is a partial list of products or categories that require a Certificate of Compliance: Note 2: If the Plans do not specifically reference a Certified Test Report (Mill Test Report) and the product category is not depicted on the Approved Products List within the Pre -Approved level of acceptance, then a COC will be required. Bearing Devices (Type 1,11, IV and V AB Bridge Deck Forms, Permanent Steel A Bridge Rail, Steel A Concrete Box Culverts, Precast Dampproofing, Asphalt Dust Palliative - Asphaltic - Magnesium Chloride Emulsified Asphalt for Tack Coat Erosion Bales o Expansion Joint Material, Preformed Filler Flumes (all types) Gabions and Slope Mattress Gaskets Guard Rail - End Anchors Guard Rail Metal A Guard Rail Posts - Metal A Guard Rail - Precast Guard Rail Posts - Timber Blocks and Posts A Hay Headgates Inlets, Grates and Frames (Prefab) Interior Insulation Lighting Light Standards, High Mast Light Standards, Metal Luminaires (Inclusive) SECTION 00330 BID SCHEDULE - Addendum No. 2 SH 287 and LAKE STREET - MEDIAN IMPROVEMENTS City of Fort Collins Bid No. 5866 CDOT Project No. SHE 2873-128 (14591) Item No. Description Unit Estimated Quantity Unit Cost Item Total 202.01 Removal of Concrete Median Cover SY 83 202.02 Removal of Wood Mulch SY 100 202.03 Removal of Curb and Gutter LF 573 202.04 Removal of Asphalt Mat SY 534 203.01 Unclassified Excavation (CIP) CY 66 203.02 Borrow (CIP) (Special) CY 173 207.01 Topsoil (Special) CY 7.5 208.01 Concrete Washout Structure EA 1 213.01 Mulch (wood chip) CF 1,656 214.01 Deciduous Tree (2" Caliper) EA 5 306.01 Reconditioning SY 198 420.01 Geotextile (Weed Barrier) SY 552 609.01 Curb Type 2 (Section B) LF 709 623.01 Median Irrigation LS 1 626.01 Mobilization LS 1 630.01 Construction Zone Traffic Control LS 1 Total Bid Signed Company Check One: Individual Doing Business in Company Name Corporation Partnership Address Phone/Fax TLM Constructors, Inc. CONTRACTOX BY: ZkOk Aaron L. Mills, Vice President ADDRESS: PO Box 336638 Greeley, CO 80633-0611 8. BID SCHEDULE (Base Bid) SH 287 and LAKE STREET - MEDIAN IMPROVEMENTS City of Fort Collins Bid No. CDOT Project No. SHE 2873-128 (14591) Item No. Description Unit Estimated Quantity Unit Cost Item Total 202.01 Removal of Concrete Median Cover SY 83 202.02 Removal of Wood Mulch SY 100 202.03 Removal of Curb and Gutter LF 573 202.04 Removal of Asphalt Mat SY 534 203.01 Unclassified Excavation (CIP) CY 66 203.02 Borrow (CIP) (Special) CY 173 207.01 Topsoil (Special) CY 7.5 208.01 Concrete Washout Structure EA 1 213.01 Mulch (wood chip) CF 1,656 214.01 Deciduous Tree (2" Caliper) EA 6 306.01 Reconditioning SY 198 420.01 Geotextile (Weed Barrier) SY 552 609.01 Curb Type 2 (Section B) LF 709 626.01 Mobilization LS 1 630.01 Construction Zone Traffic Control LS 1 Total Bid 7/96 Section 00300 Page 2 January 17, 2003 -SSP 103- SPECIAL NOTICE TO CONTRACTORS Manholes, Rings and Covers (Prefab) B A Certified Test Report(s) on MC-70 - Prime Coat (Liquid Asphalt) components must accompany the MSE Wall - ElementsA. material or product. Pedestrian Bridge A Piling A c A Certified Test Report shall be Pipes - all material compositions included. Rest Area Materials Seed c Sign Panels Sprinkler System(s) Steel Sign Posts Structural Plate Structures A Structural Steel Galvanized A Steel Sheet Piling A Straw c Treated Timber Wood Cellulose Mulch D. PRE -APPROVED: The Pre -Approved level of acceptance is when a manufacturer is required to submit all relevant documentation on their product in advance of any specific project. A primary requirement to be considered for the Approved Products List (APL) is that the material retains a very high level of uniformity and consistency in its production quality. The submittal of Certified Test Reports, Certificates of Compliance, product literature, etc., as well as product samples for evaluation combine all previous levels of acceptance into one. In accordance with CDOT's Procedural Directive 3.1, a manufacturer's product is evaluated within CDOT to determine its acceptability on CDOT construction projects, as defined by CDOT specifications, plans and standards. For additional information on the APL or the web site contact the Product Evaluation Coordinator within the Central Laboratory at 303-757-9421. Note 3: Web Site Address, Internal to CDOT: http://internal/infoexchg/organizations.htm Web Site Address, External to CDOT: http://www.dot.state.co.us/APU Note 4: A A Mill Test Report shall be included. c The Contractor may obtain a current list of Weed Free Forage Crop Producers by contacting the Colorado Department of Agriculture at (303) 239-4149. DISCLAIMER: The Colorado Department of Transportation (CDOT) does not have the obligation to use any of the products listed in the Approved Products List (APL). The APL simply documents that the listed products have been tested, evaluated, and/or examined under CDOT standards, and were found to be acceptable to be used in CDOT projects. The product shall be removed from the APL if Product Performance comments indicate field performance that is unacceptable to CDOT quality standards or if the product varies from the data as originally submitted. Additional disclaimer information can be found within the APL web site. COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATION OF EEO COMPLIANCE Instructions: Bidders and subcontractors must complete and submit this form with bid proposals for federally funded contracts greaterthan $10,000. This is required by the Equal Employment Opportunity Regulations [41 CFR 60-1.7(b) (1)]. The regulation also requires that if you have participated in a previous contract or subcontract and have not filed a Standard Form 100 (EEO- 1), you cannot be awarded this contract. You may file a report covering the delinquent period for consideration by the Federal Highway Administration or the Director of the Office of Federal Contract Compliance, U.S. Department of Labor. The Standard Form 100 (EEO-1) may be requested from the: Joint Reporting Committee P.O. Box 779 Norfolk, VA 23501 (757) 461-1213 1. ❑ Yes ❑ No I have developed and have on file at each establishment an affirmative action program as required by 41 CFR Chapter 60, Part 60-2. 2. ❑ Yes ❑ No I have participated in a previous contract/subcontract subject to the equal opportunity. clause. 3. ❑ Yes ❑ No I have filed with the Joint Reporting Committee, the Director, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements. declare under penalty of per]ury in the second degree and any other applicable state or federal laws, that the state- ments made in this document are true and complete to the best of my knowledge. Company ❑ bidder ❑ proposed subcontractor By: Title: Date: CDOT Form #34T J W 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 any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. 1 understand and my firm understands that any misstatement in this affidavit is and shall be treated fraudulent as a 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. Contractces I = or company name By Dele T01e 2nd comradoes firm or company name. (If Joint verdure.) By Dale Tito Sword to before me this day of, 20 Notary Public My commission e)ires NOTE: This document must be signed In Ink. CDOT Form M08 1102 COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO. ASSIGNMENT OF ANTITRUST CLAIMS Contractor and Colorado Department of Transportation (CDOT) recognize that in actual economic practice antitrust violations ultimately impact on CDOT. Therefore, for good cause and as consideration for executing this contract and for receiving payments hereunder: Contractor hereby irrevocably assigns to CDOT any and all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the particular project, goods or services purchased or acquired by CDOT pursuant to this contract. 2. Contractor hereby expressly agrees: a. That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's behalf an antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) CDOT that such civil action is pending and of the date on which, in accordance with subparagraph a. (1) above, Contractor notified such third party that the antitrust claim had been assigned to CDOT; b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and c. Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on Contractor's behalf by any third party and which claim has been assigned to CDOT hereunder. 3. Further, Contractor agrees that in the event it hires one or more subcontractors to perform any of its duties under the contract, Contractor shall require that each such subcontractor: a. Irrevocably assign to CDOT (as a third party beneficiary) any and all claims that such subcontractor may have or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connec- tion with any goods or services provided by the subcontractor in carrying out the subcontractor's obliga- tions to Contractor; b. Upon becoming aware that a third party has commenced a civil action on the subcontractor's behalf asserting an antitrust claim which has been assigned to CDOT hereunder; shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) Contractor and CDOT that such civil action is pending and of the date on which, in accordance with subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had been assigned to CDOT; c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and d. Promptly pay over to CDOT its proper share of any payment under an antitrust claim brought on the subcontractor's behalf by any third party and which claim has been assigned or dedicated to CDOT pursuant hereto. I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of antitrust claims. True Date Date CDOT Form A821 1W91 COLORADO DEPARTMENTOF TRANSPORTATION Project# UNDERUTILIZED DBE BID CONDITIONS ASSURANCE Location Instructions: Contractor - Comolete and submit this form with vour bid. Renort only Undantfili7Pd r)Rf= it IMP) nnrtiAnn- tion which qualifies under the contract goal specification for this project. POLICY It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have maximum opportunity to participate in the performance of contracts financed with federal, state or local entity funds. INTENDED UNDERUTILIZED DBE PARTICIPATION 1) Will your company's intended Underutilized DBE (UDBE) participation meet contract goals? ❑ yes ❑ no Meets contract goals 2) Total intended Underutilized DBE (UDBE) participation: 0/6❑ yes ❑ no 3) List the UDBE firms you intend to use for your UDBE participation Name of UDBE firm(s) Certification Intended item(s) expiration date of work I understand that, if my company is determined to be the low bidder for the contract on this product, I must submit a completed CDOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION to the Transportation Department by 4:00 pm the day after the bids are opened. In addition, if my company does not meet the intended contract goals, I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before the above stated deadline. I understand my obligation to abide by the policy stated above. I shall not discriminate on the basis of race, color, age, sex, national origin, or handicap in the bidding process or the performance of contracts. I DECLARE UNDER PENALITY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Company name Date Company officer signature Title Previous ednlone are obsolete and may not be used CDOT Form #714 6/02 SECTION 00330 BID SCHEDULE - Addendum No. 2 SH 287 and LAKE STREET - MEDIAN IMPROVEMENTS City of Fort Collins Bid No. 5866 CDOT Project No. SHE 2873-128 (14591) Item No. Description Unit Estimated Quanti Unit Cost Item Total 202.01 Removal of Concrete Median Cover SY 83 0 202.02 Removal of Wood Mulch SY 100 M oe 202.03 Removal of Curb and Gutter LF 573�a �-- 202.04 Removal of Asphalt Mat SY 534 V 203.01 Unclassified Excavation (CIP) CY 66 a3 �^ �r�8 203.02 Borrow (CIP) (Special) CY 173 �: i 207.01 Topsoil (Special) CY 7.5 208.01 Concrete Washout Structure EA 1 >� DO do 213.01 Mulch (wood chip) CF 1,656 AE 214.01 Deciduous Tree (2" Caliper) EA 5 340 gP / SOD 306.01 Reconditioning SY 198 /JW 78 dd 420.01 Geotextile (Weed Barrier) SY 652 43 609.01 Curb Type 2 (Section B) LF 709 /9.W /3 623.01 Median Irrigations NT s LS 18�lQ /it8Jt0 626.01 Mobilization F7116Ti101As W pOLI LS 1 .S��D� 5 DOOM° 630.01 Construction Zone Traffic Controi LS 1 ��� Aaron L. Mills, Vice President Company TLM CONSTRUCTORS, INC. Check One: Individual Doing Business in Company Name x Corporation Partnership Greeley, CO 80633-0611 Phone/Fax 970-346-8323/970-346-8324 Signed Address 1 0 1 3 3 7 t h Ave C t a 2 0 2 Aaron L. Mills, Vice President Greeley, CO 80634 Company TLM Constructors, Inc. Phone/Fax 970-346-8323 / 970-346-8324 Check One: Individual Doing Business in Company Name x Corporation Partnership 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECT F LY SUBMITTED: 06/30/04 Signature Aaron L. Mills Date Vice President Title License Number (If Applicable) (Seal - if B' is by corporation) Attest: q d5t;)� Ryan C. Mills Address 1013 37th Ave Ct. #202 Greeley, CO 80634 Telephone 970-346-8323 7/96 Section 00300 Page 3 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410Bid Bond 00420Statement of Bidder's Qualifications 00430Schedule of Subcontractors 7/96 Section 00410 Page 1 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS TLM* as Principal, and Employers Mutual Ca Surety, are hereby held and firmly bound unto the as OWNER, in the sum of** $--------- 5y-------- for truly to be made, we hereby jointly and severally assigns. that we, the undersigned sualty Company as City of Fort Collins, Colorado, the payment of which, well and bind ourselves, successors, and THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into•a Construction Agreement for the construction of Fort Collins Project, SH 267 & LAKE STREET MEDIAN IMPROVEMENTS; BID NO. 5B66. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Sid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being .expressly understood and agreed 'that the liability of the Surety for any and all claims hereunder, shall, in no event, exceed the penal amount of this obligation as here.i'o stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. *Constructors, Inc. **Five Percent of Total Amount Bid 7/96 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 30th day of June , 2004, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name:SLM Constructors, Inc. Address•1013 37th Ave. Ct., Suite 202 Greeley, Colorado 80633 _ By: Title: ATTEST: +� By: 1 Ryan C. Mills, Asst. Secretary (SEAL) 7/96 *- HRHO hitb rogat 6 hobbs" HRH of Colorado P.O. Box 469025 Denver, CO 80246-9025 m 303-722-7776 ® 303-722-8862 SURETY Employers Mutual Casualty Company P.O. Box 370010 Denve Colorado 80237 By: Pamela J UHansen Title: Attorney -In -Fact (SEAL) Section 00410 Page 3 No Text SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: TLM Constructors, Inc. 2. Permanent main office address: 1013 37th Ave. Ct. 0202 Greeley,CO 3. When organized: 03/01/1992 4. If a corporation, where incorporated: 12/91 5. How many years have you been engaged in the contracting business under your present firm or trade name? 12 years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) Interstate 25 $921,507.00 Unkown date of completion ln+ar<+atP 70 64,370.40 Four year open contract SH 257 62,847.50 July 2004 7. General character of Work performed by your company: General contracting/asphat-concrete-aggregates/highway structures 8. Have you ever failed to complete any Work awarded to you? No If so, where and why? 9. Have your ever defaulted on a contract? No If so, where and why? 10. Are you debarred by any government agency? No If yes list agency name. 7/96 Section 00420 Page 1 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. Interstate 25 953 205.65 1 2 / 0 3 Slab Replacement SH 14, 6 r I g g s d a I e 263,953.44 1 2 / 0 3 Street Improvements Home Supply Ditch 223,466.47 04/04 Box Culver+ 12. List your major equipment available for this contract. Please see attached' 13. Experience in construction Work similar in importance to this project: Please see attached 14. Background and experience of the principal members of your organization, including officers: Please see attached 15. Credit available: $ 400,000.00 16. Bank reference: Colorado Bank & Trust 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? Yes 18. Are you licensed as a General CONTRACTOR? Yes If yes, in what city, county and state? Colorado What class, license and numbers? 05-37677 19. Do you anticipate subcontracting Work under this Contract? Yes If yes, what percent of total contract? and to whom? 20. Are any lawsuits pending against you or your firm at this time? No If yes, DETAIL 7/96 Section 00420 Page 2 21. What are the limits of your public liability? DETAIL 2,000,000.00 What company? HRH of Colorado 22. What are your company's bonding limitations? 5,000,000.00 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at"eythis 30 day of June 2004. TLM CName o By: Aaron L. Mills Title: Vice President State of Colorado County of Weld Aaron L. Mills being duly sworn deposes and says that he is Vice President of TLM Constructors, Inc. and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this 3 0 t h day of June 20 04 Notary Public Michelle R. Darnell Office Manager My commission expires 10/23/2006 7/96 Section 00420 Page 3 Federal Aid Project # SHE 2873-128 Project Code # 14591 REVISION OF SECTION 623 IRRIGATION SYSTEM Delete Section 623 of the Standard Specifications and replace with the following: SECTION 02810 — IRRIGATION PART-1 GENERAL 1.01 Section Includes: A. Furnish labor, materials, supplies, equipment, tools, transportation, and perform operations in connection with and reasonably incidental to complete installation of the irrigation system, and guarantee/warranty as shown on the drawings and as specified herein. 1.02 Related Work: B. Refer to System Plans and Installation Detail drawings. 1.03 Submittals: A. Materials List:: Submit materials list for all components to be used in the irrigation system B. Weekly redline drawings of changes made in irrigation system installation from those on construction plans and drawings. 1.04 Handling and Storage: A. Protect materials used for construction from damage, deterioration, sun exposure, or loss while in storage and during construction. 1.05 Reviews: A. Reviews of the irrigation installation will be ongoing during the contract. Reviews shall be made of irrigation mainline, lateral, head, valve and other equipment locations prior to installation. B. Review of head coverage as zones are completed will be ongoing. Any changes of head locations or nozzeling shall be completed immediately. C. Other reviews shall take place as outlined under Execution. D. Submit redline installation drawings with changes made in installation from those on plans every week to Owner representative and/or General Contractor. 1.06 Environmental Condition: A. Irrigation installation shall be only when weather and soil conditions permit and in accordance with locally accepted practices, and as reviewed by the owner's representative. 1.07 Guarantee/Warranty and Replacement: The purpose of this guarantee/warranty is to insure that the Owner receives materials of prime quality, installed and maintained in a thorough and careful manner. A. Guarantee/warranty materials and workmanship against defects due to any cause for a period of two years from the date of final acceptance of all work. COLLEGE & LAKE INTERSECTION SECTION 02810 - IRRIGATION Page 1 of 6 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. SUBCONTRACTOR 7/96 Section 00430 Page 1 COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATION OF EEO COMPLIANCE Instructions: Bidders and subcontractors must complete and submit this form with bid proposals for federally funded contracts greater than $10,000. This is required by the Equal Employment Opportunity Regulations [41 CFR 60-1.7(b) (1)). The regulation also requires that if you have participated in a previous contract or subcontract and have not filed a Standard Form 100 (EEO- 1), you cannot be awarded this contract. You may file a report covering the delinquent period for consideration by the Federal Highway Administration or the Director of the Office of Federal Contract Compliance, U.S. Department of Labor. The Standard Form 100 (EEO-1) may be requested from the: Joint Reporting Committee P.O. Box 779 Norfolk, VA 23501 (757)461-1213 1. M Yes ❑ No I have developed and have on file at each establishment an affirmative action program as required by 41CFR Chapter 60, Part 60-2. 2. 0 Yes ❑ No I have participated in a previous contract/subcontract subject to the equal opportunity clause. 3. ® Yes ❑ No I have filed with the Joint Reporting Committee, the Director, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements. I declare under penalty of perjury in the second degree and any other applicable state or federal laws, that the state- ments made in this document are true and complete to the best of my knowledge. Company TL CONSTRUCTORS, INC® bidder ❑ proposed subcontractor . By: �, Title: Date: Aaron L. MlIIs, Vice President 06/30/04 COOT Fotm #347 11194 COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO. 5 8 6 6 ANTI -COLLUSION AFFIDAVIT LocnTioN S H 2 8 7 8 Lake Street Fort Collins, CO I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 28. 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. Contractors firm or company name By Date 6/30/04 TLM CONSTRUCTORS, INC. Title Aaron L. Mills Vice President 2nd contractor's firm or company name. (if joint venture.) By Date 7111e Sworn to before me this 3 0 t h day of, .1 u n e 2004 Notary Public Michelle R. Darnekiffl r My commission expires 10/23/2006 NOTE: This document must be signed In Ink. CDOT Form xe06 1102 COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO. ASSIGNMENT OF ANTITRUST CLAIMS 5 8 66 Contractor and Colorado Department of Transportation (CDOT) recognize that in actual economic practice antitrust violations ultimately impact on CDOT. Therefore, for good cause and as consideration for executing this contract and for receiving payments hereunder: 1. Contractor hereby irrevocably assigns to CDOT any and all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the particular project, goods or services purchased or acquired by CDOT pursuant to this contract. 2. Contractor hereby expressly agrees: a. That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's behalf an antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) CDOT that such civil action is pending and of the date on which, in accordance with subparagraph a. (1) above, Contractor notified such third party that the antitrust claim had been assigned to CDOT; b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and c. Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on Contractor's behalf by any third party and which claim has been assigned to CDOT hereunder. 3. Further, Contractor agrees that in the event it hires one or more subcontractors to perform any of its duties under the contract, Contractor shall require that each such subcontractor: a. Irrevocably assign to CDOT (as a third party beneficiary) any and all claims that such subcontractor may have or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connec- tion with any goods or services provided by the subcontractor in carrying out the subcontractor's obliga- tions to Contractor; b. Upon becoming aware that a third party has commenced a civil action on the subcontractor's behalf asserting an antitrust claim which has been assigned to CDOT hereunder, shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) Contractor and CDOT that such civil action is pending and of the date on which, in accordance with subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had been assigned to CDOT; c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and d. Promptly pay over to CDOT its proper share of any payment under an antitrust claim brought on the subcontractor's behalf by any third party and which claim has been assigned or dedicated to CDOT pursuant hereto. I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of antitrust claims. rM or company name TLM Constructors, Inc. or company name. (If Idol venture.) Aaron. L. Mills, Vice President CDOT Form #621 12191 COLORADO DEPARTMENT OF TRANSPORTATION Project # UNDERUTILIZED DBE BID 5 8 6 6 Location CONDITIONS ASSURANCE SH 287 8 Lake Street, Ft. Col i ins, c Instructions: Contractor - Complete and submit this form with your bid. Report only Underutilized DBE (UDBE) participa- tion which qualifies under the contract goal specification for this project. POLICY It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have maximum opportunity to participate in the performance of contracts financed with federal, state or local entity funds. INTENDED UNDERUTILIZED DBE PARTICIPATION 1) Will your company's intended Underutilized DBE (UDBE) participation meet contract goals? f3. yes ❑ no 77 CC Meets contract goals 2) Total intended Underutilized DBE (UDBE) participation: �% ❑ yes ❑ no 3) List the UDBE firms you intend to use for your UDBE participation Name of UDBE firm(s) Certification Intended item(s) expiration date of work rc Cahn o _ I understand that, if my company is determined to be the low bidder for the contract on this product, I must submit a completed CDOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION to the Transportation Department by 4:00 pm the day after the bids are opened. In addition, if my company does not meet the intended contract goals, I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before the above stated deadline. I understand my obligation to abide by the policy stated above. I shall not discriminate on the basis of race, color, age, sex, national origin, or handicap in the bidding process or the performance of contracts. I DECLARE UNDER PENALITY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Company name Date TLM Constructors, Inc. 6130104 Company off signature Title Aaron L . Mil l s Vice President Previous editions are obsolete and may not be used CDOT Form #714a 6/02 TLM CONSTRUCTORS, INC. FLEET NO.1115 OCT. 6N/2004 UNIT DESCRIPTION SERIAL NUMBER LIC.# 11 12000 GMC YUKON TERRY 1GKEK63R5YR213051 481BCS 2 2000 FORD F150 PICKUP RYAN 1FTRX18L8YKB07367 476APR _ 3 2001 GMC YUKON AARON iGKEK13T41R223977 10 1997 DODGE 4X4 PU SHOP IB7KF26Z9VJ512463 1124815A 11 1997 DODGE 4X4 PU ERIC IB7KF26ZOVJ512464 11249PA 12 1997 CHEVY 4X4 PU (LANCE) iGCEK14R5VZ205508 11812PA 13 1996 FORD F250 PICKUP SHOP IFTHF26H1TEB65055 12355PA 14 _ 1999 FORD F550HD PICKUP SHOP 1FDAF56FOXEB27514 13197PA 15 1999 FORD F250 PICKUP(VIC) 1FTNF21L4XEA39602 13429PA 16 1999 FORD F250 PICKUP TOM iFTNF21L8XED06062 13608PA 17 _ 1999 FORD F 250 PICKUP DAVE 1FTNF2ILXXED06063 13607PA 16 _ 1999 FORD F250 PICKUP CHARLIE 1FTNF2ILXXEE99735 14328PA 19 2000 FORD F55OHD PICKUP(ROSS) -PICKUP 1FOAF56F1YED97112 475APR _ 20 2001 FORD F256S (HARLEY) 1FTNF211-91EA41868 128BIH _ _ 21 2001 FORD F350 PICKUP(SCOOBY) 1FDWF36FI IEC24660 479DAW _ 22 2002 FORD F450 PICKUP(DUSTIN) 1FDXF46F92ED37509 23 1992 CHEV 1 TON(SHOP) 1GBJC34NONE229747 7311PA _ 241 2002 FORD F550 PICKUP SCOTT G 1FDWF36F72EA4833 251 2002 FORD F350 PICKUP SAM TROTTER 'I FDAF56F92EA46746 32 1995 CHEV 1 TON (SHOP) 1GBHC34NXSE133425 09555PA 331 1995 CHEV 1 TON (SHOP) 1GBJC34N5SE183196 10057PA 351 1996 CHEV 1 TON UTILITY TRUCK SHOP 1GBKC34JOTJ110599 - 10972PA 90 1965 INTERNATIONAL 656 TRACTOR 23666 91 OLIVER DISC 100 1969 CLARKLIFT FORKLIFT 1T5811362189 101 1994 CAT FORKLIFT I 31AO2215 103 2002 INGERSOL RAND AIR COMPRESS AFVCABAA43U332441 104 1996 INGERSOLL RAND AIR COMPRESS 268886UIH3271 293 AVG _ 105 11994 AIR COMPRESSOR 24726UFE327 I PA00453 106 1996 GORMAN RUPP 4" PUMP 1083943 K068002 107 1989 ING RAND AIR COMPRESSOR 185C _ 180908UB9329 PA00480 109 1981 MUTH 2 AXLE TRAILER ID93336 COLO K64386 110 2003 I-R PORTABLE LIGHT TOWER FC335132 111 1997 STEPP OIL KETTLE SOJK25085 PA00523 _ 112 1998 STEPP OIL KETTLE OJK250D 114 1997 GOOSENECK TRAILER IC9GS252XVA634085 K068113 1151 1999 CIRCLE M GOOSENECK 1C9GS2529XA634114 K068966 116 L 1992 PJ CAR TRAILER 4P5CF1823N1112337 N973616 1984 ELDER FIELD LAB 482559 K64388 wil 1996 DCA70 GENERATOR 7300052 GR) ancouiaoarcaza�ealrrsl 119BEF 1991 PORTABLE LIGHT TOWER 191929U91825 PA00503 1201 1980 LINCOLN WELDER 9UWA99053OLM PAO367 121 1990 I-R PORT.4 LIGHT TOWER 9001D0645 PA00478 1961 BROWN VAN S614809 K64389 1970 FRUEHAUF VAN FWJ375104 IK64717 1968 BRO TRAILER M687241 K066655 125 2000 FONTAINE LOWBOY 4LF48533OY3508810 1261 1951 ASPHALT TANK FRUEHAUF TD8026 K64390 127 1989 UTILITY HI FLOAT TRAILER 1 UYFS2488KA181301 K067813 128 1979 LOWBOY LOADKING TRAILER 7793 K068850 129 1980 LOAD KING LOWBOY 8954 K64392 1979 ELDER FIELD LAB I PT6621 K64393 DELUX CARHAUL TRAILER 61109 1321 11993 RANCO BOTTOM DUMP 1 R913SE502PL008968 K066725 133 2002 MIDLAND BELLY DUMPS 2MFB284C22R001754 1341 12002 MIDLAND BELLY DUMPS 2MFB2S4C42R001755 135 2003 CARSON FLATBED TRAILER SJ3HD18263A012582 136 1970 FRUEHAUF TANKER OMM509304 I K63535 137 2000 TRANSCRAFT TRAILER 1TTF48204YI064661 1994 WELLS CARGO TR. single 1WC200E12R4017847 K066369 1993 WELLS CARGO TF1 tandem 1 WC20OG23P4014121 K066371 142 1997 YELLOW CURE SPRAYER TLMi42 PA00501 143 1997 SILICONE PUMP F TLM143 PA00502 144 1974 3 AXLE TRAILERW/ SPRAYER HOM ID92661COL0 _ I K068891 150 2000 VERMEER E550 POTHOLER 1VRT20294Y1000124 1964 BROWN VAN 1999 FIELD OFFICE PACVAN 546999 417BEF 1985 TIMPTE VAN TRAILER J2801-4-FBO61628 050daz 1988 STRICK VAN TRAILER 1S1 I S8283JG301896 049daz 1999 FIELD OFFICE GE CAPITAL I COCOE8304466 F:MSOFFICEtEQUIPMENT/TLM EQUIPMENT LIST TLM CONSTRUCTORS, INC. FLEET NO.1115 OCT. 611/2004 UNIT DESCRIPTION SERIAL NUMBER LIC.# 200 1996 FORD L-8000 SERVICE TRUCK sing 1FDWR82E7TVA21440 1997 FL70 FREIGHTLINER 202 1997 FL70 FREIGHTLINER 1 FV6HLAAOVH831877 1989 KENWORTH DUMPTR TANDEM 1XKDDB9X9KS524938 K136PA2201 1976 KW DUMP TRUCK TANDEM 148790S 221 1986 GMC DUMP TRUC tandem iGDT9F4C3GV500284 223 1989 PETERBILT TR SEMI 1XP5D29X2KN269093 224 1988 KENWORTH TR SEMI 1XKAD29XXJS512881 225 1994 PETERBILT TR SEMI 1XPFDB9XORD354597 124PA8 226 1998-PETERBILT TR SEMI 1XPFD9XOWD446370 227 2000 KENWORTH TR SEMI 1XKWDB9X4YR865527 230 1994 FORD WATER TRUCK 1FTYS95W4RVA47532 _ 231 1965 MACK WATER TR TANDEM B61S52896_ _ 061PA2 _ 232 1979 KENWORTH WATER TRUCK TAND 163455S _ 120PA2 _ 233 1976 INT'L WATER TR S.A. D0532FHA32578 063PA2 234 1975 KW WATER TR TAND ID 39249 COLO _ 119PA2 __ 235 1986 FORD F700 DIST. S.A. 1FDNF70HOGVA44110 062PA2 237 1986-FORD DISTRIBUTOR -KOCH 1FDXK87U1GVA31119 _ 095PA2 300 1984 GROVE COLES TRUCK CRANE 41719 PA00512 301 1986 FRUEHAUF BOOM TRAILER 1H4PO242XGJ006803 PA00511 331 1994 CAT 426E BACKHOE 5YJ01492 _ 332 1994 CAT 416B BACKHOE 08ZKO1709 PA00481 333 1996 CAT 4268 BACKHOE 6KL02252 PA00528 _ 334 1998 CAT 426C BACKHOE LEASED 06XN01432 SMMRENT 335 1986 CAT 416 BACKHOE 05PCO1754 PA0411 _ 335A 416A BREAKER 4KL04166 336 1998 436C BACKHOE LEASED 08TNO0384 SMMRENT 340 1993 CAT 966F LOADER 1 SL00439 PA00517 _ _ 341 1972 CAT 966 C LOADER 76J6107 PA0365 342 2001SKID STEER LOADER 06LZ01090 343 1994 BOBCAT 743 B 509323810 Z015935 344 1998 863H BOBCAT 514420755 IZ15936 344E BOBCAT BREAKER I 344S 1998 MELROE WHEELSAW 561600141 Z015950 _ 344M 24" PLANER 1 721700349 345 1983 GALION BLADE VSL 10453 15AO0456 346 1982 GALION A550 BERRY(VSL) 10316 PA00457 347 1990 CAT 140 G GRADER 72V133 6 -PA00434 348 1989 CAT 140 G GRADER 72V12501 PA00527 349 1986 CAT 14OG GRADER 72VO8380 350 1988 CAT 950 E LOADER 022Z04403 _ PA0412 351 1996 CAT 1T28F WHEEL LOADER 3CL01892 PA00526 351B BROOM 8FT 7AW00488 352 1992 CAT 95OF LOADER 6YCO1840 _ PA00525 _ 354 1972 CATJ621 SCRAPER 231-12908 PA0363 355 1989 CAT 225 B EXCAVATOR 02ZD01636 Z015937 355B 1998 HAMMER W/ MOUNTING 57504 _ 356 1996 CAT EXCAVATOR 325BL 02JR00658 SMMRENT 357 2003 EXCAVATOR 360 1971 CAT D7 DOZER 94N2339 433 1996 CATERPILLAR COMPACTOR 433 2MJ386 Z017741 434 CAT COMPACTOR 563 5JN203 447 1979 CHIP SPREADER I K4346 PA00443 449 1982 BROS. ROLLER SP3000 9036 _ PA0360 _ 450 1995 ING RAND TIRE ROLLER 141610 SDE PA00437 452 1979 BLAW KNOX PAVER 0824015 PA0358 459 1986 BROCE BROOM 2752 PA00462 460 1990 BROCE BROOM 86495 PA0359 461 1979 DYNAPAC ROLLER CC50 417D24 Z015941 462 1994 DYNAPAC ROLLER PIGLET 60110849 Z015942 _ 463 1995 DYNAPAC ROLLER PIGLET II 60111572 1996 GOMACO DECK FINISHER & TRAIL 900e00-065(dkma 1M1C2e1e W4139(TR) Z015943 DECK a -,R(old) 192 476 1990 SHOULDERING MACHINE 2000 GOMACO SLIPFORM MACHINE 900100343 _ Z015944 1975 JETCO TRENCHER 7337113 IZO15946 SLIPFORMS SL 601 SMALL TOOLS MISC MISC 605 1993 RAMMAX ROLLER 3741 Z015947 606 1994 RAMMAX COMPACTOR ROLLER 33A312997 Z015948 607 1995 RAMMAX ROLLER 33110840 Z015949 608 1996 RAMMAX / REMOTE CONTROL 325262 Z015931 609 2002 INGERSOL RAND COMPACTOR 169811 610 2003 INGERSOLL RAND TC-13 COMPAC 13199971 620 MAG SAW 1 321001624 Z15950 621 SUPERMAG/26" PAVEMENT SAW 221011729 Z017739 622 2003 PAVER SKREED 1559010803 825I BROOM FOR IT28 7AW00488 F:MSOFFICE/EQUIPMENTrrLM EQUIPMENT LIST LU zo n n cgi N yympp ao �° u� in m O_ m m m R m Yq rn = IL t+NJ r OOi ^ T M ^ O N O O M f0 M N � L) E o y .c 10 F ° U m w m 'E o 2 2 2 E o r 8 'c m x _ o " m 2 J ° J o e m m" ❑ ❑ c� ❑ ° U o LL U t f0 o ❑ 0 v a E o m > o o g m �' d n Z m vl m o o F � CL c m a m D g m N o ul i= e 0 S m 0 0 o $ g o Y d 0 a w ❑ 0 0 0 0 0 0 0 3 0 C7 U U 30 U 'm U U U m E U ❑ U ❑ U ❑ U ❑ ❑ ❑ ❑ 3 6 ❑ z w c m U U U U o D U O Z > N 0 IZ U Q L m O N m m O LO n m c_ a !ff Y `0 3 0 f C m OD A 0 O Q xx > U O Q T C.1 IL in f0 0 Z N N 4 $ Cco ? d O N !- CD a U N A EO O x U J O w m m O L O V IL a Z ai cc O 0 2 z Z U U j m x t O U LL a> O a w IL CD F- w N (L a C 3 0 o L i H N E m /rq T c m U o 0 0 C Y U A c m 4 2 � 4 a° 2 2 2 E 2 c p 2 o 0 0 g n c y c c c U U c c c c L > F _4 E' U m = � ) Eo :Z :Z :Z ~ ❑ L �' m m J m F J J O O U m U J U U t n O 0 ep U m o m o m O 00 j 3 '� d O O O ❑U U U n 0 v M r o 0 0 $ 00 m N m O 1Lq O c�0pp O Im aD c(c.� O 0 O p _ c 0 0o 0o 0 y N 6 m H E F F d OO H O O O O N ani m ana i ni v c � n ❑ ❑ ❑ ❑ m 3 3 O ci S o d ° o 0 O U U U U 3 U U U N C4 N O O G > -� ymmi C — J O c m lL° Z� 'o U J U d 3 0 yc' L U O m O Z J O N f7 O .6 J O - O d O O E O O _ Jqp O V 3 O m C m O U m O LA y m 41 Y O 2 O O Y O - o > > O U L 3 O nu lL I h C C > U N o o a z w EE i, a.LD U c w m L N m a m J O m ~ d O m Z m m m � U N z m m L n m > 0 _� y aNi O aNi a v h d m E a d 2 J m m w m ro o = o c E nx 'L U m 2 m 3 Q U) m U) LL U E m ug o mz La U U U F0 _ N o m c U d U O 12 v m « o La 3 F ° c O m m a U 12 w O J O y C U R m co �n o 10 m m Q J w am 2 3 LoLo m L E o m m m o m 2. 2 n = U w U i 0 r o w U Z Ul K w IL x w Y K 3 N K z Z U U m �a $ 0 ro m r �o rn UO z f w T' F 'K IL LU Z °P C? t� r cmJ O m 4 tmp m m v Oi U°1�� O a C% ^ r Ol �JJ � � � � t+j po C N> 0 O r O O) d1 rn m o 0 m m m �J Ifr m m m rn m n n n v n rn m rn o 0 o m m m rn N w Z z O m c U C 2 r m m y 5 O m � O1 Y8 m O i% Y 3 C C > O Nw C E ❑ N N N NU m c m w ❑ m —w a Q O 2U1 WN WN WO W Y U m m U OLcU c in m yy O = J Y N m N U a t m a Y m Y Y U F L m U O C '9 W I-O O O c O °� o w w o rn p pw U o p p0 U U U U U O ❑ U ❑ U O U ❑ WC Q m U > Q U U O O Om m w m C w w m C C 2. 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C 'C m C L U m V E 'L m U O! O U Ir IL c7 F _ = C m m m m = C m T c� m a m 3 � F- C m UL� m i U H z 0 U QK � W } F Federal Aid Project # SHE 2873-128 Project Code # 14591 B. This quarantee/warranty will not be enforced shall defects be due to improper maintenance procedures carried out by Owner involving watering, mower damage, improper operation of system, fire, flood or damage; or other similar circumstances beyond the control of the Contractor. C. Replace components when they are no longer in satisfactory condition as determined by the Owner's representative for the duration of the guarantee/warranty period. Make replacements within three working days of notification from the Owner's representative. D. Replacements shall be of the same kind and size as originally specified and shall be installed as described in the contract documents. Repairs and replacements shall be made at no expense to the Owner. E. Guarantee/warranty shall apply to originally specified and installed materials, and any replacements made during the guarantee/warranty period. PART-2: MATERIALS 2.01 Quality: A. All materials used for construction shall be new and without flaws or defects of any type, and shall be the best of their class and kind. 2.02 Mainline: A. Mainline shall be PVC Class 200, NSF approved pipe. 3" and larger pipe shall be ringtite pipe. 2 ''/z" and smaller pipe shall be glued joint. 2.03 Laterals: A. 2" or larger: Class 200 PVC, NSF approved. B. 1 ''/z" or 1": Class 200 PVC, NSF approved. C. No laterals smaller than V are permitted. Trickle tubing shall be weather and UV resistant material. D. 1/4" Polyethylene Drip Pipe: NSF approved, SDR pressure rated pipe, only as approved for drip applications. 2.04 Pipe Fittings: A. Lateral fittings: Schedule 40, Type 1, PVC solvent weld with ASTM Standards D2466 and D1784. B. Use schedule 40 insert fittings with Oeiteker pinch clamps for drip lines. 2.05 Sleeves: A. NA 2.06 Valves: A. Remote Control Zone Valves: Electrically operated, appropriate for the water supply, with manual bleed device and flow control stem. Shall have a slow -opening and slow -closing action for protection against surge pressure. Brand and model to be Rainbird XCZ-075 control zone kit. 2.06 Valve Boxes: A. House valves in valve box with matching locking cover (AMETEK brand only). Only one valve per COLLEGE & LAKE INTERSECTION SECTION 02810— IRRIGATION Page 2 of 6 } m� �g o s a m o X ae e e o e w LL NM fOp n n W m m n U O 2 w F W lu of Ep M r {p Im Gp O r q IU M T M N qmq oD N M 1� O Z mS m Arn�o> ofQ mo� p ynOoi nd' Ka ap M3 F Z O U m n y c B M. 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O F- C @ O J @ J J J @ @ N i a x U m G U U G U i U U) n o a `N� �i fOm �'m Q� pop y� O p� umi Drop pm �i MV wr rn e F 7 N N N M W N M N n V ^ m O N V M O U z O Q U c 0 z N 0 c 2:1 c c O 0 m 0 Q ' O @ ' @ OU m O @ EO O U O £ 0 O o L o O mO O OO OU U E' o EU c ac c@ >@mc c ¢ c0 c m CO Ny o E c po c fmocm SUc U)a. > J J S J > Y O pO m E E N m F 3 a J Ln c w @ m _ Q a.a a c O O N O w @rn i5 F- 0 � t c c L ea 3 Oa a v 0 d K m 8 oE °° p 3:o 3° U U L) xi ocp w O C 0 x@ 0❑ @CO ECO pv@@ = p? a -a U) m Q > —0 6 c zrnam U y y 5 L ' U y p N @ p p W> @ E x u > > c @ � EO j N @ ,y a m d K f- IL ; @ E @ n 3 0 a❑ w c o v m @ a @ a 0 p n E m c O a E o S O w c ci D @ N� d @ .6a :? @ x d m m 2 @ m a K` ° d m ` o @ y F @ p H N O S C cL 0' r A p m N a 3 cr ❑ 3 $ c o =o o j E @ = a 0 o f '�` c E m E c H Q m 0 0U N oU U U o ❑ a cai <°i S r@ a, > 9 Ch rn m m m z O EN V C C C C C a J ~ Y� C O N S T R U C T O R S N C Corporate 102 C Street P. O. Box 505 Swink, CO 81077 PH. (719)384.5956 FAX: (719) 384-5959 Northern Division 1013 37th Ave., Ct. Suite 202 P. O. Box 336636 Greeley, CO 80633 PH: (970) 346-8323 FAX: (970) 346-8324 I-Jan-04 FOLLOWING IS A LISTING OF CONSTRUCTION EXPERIENCE OF INDIVIDUALS WHO WORK FOR TLM CONSTRUCTORS, INC. YEARS NAME: PRESENT POSITION: EXPERIENCE: MAGNITUDE & TYPE OF WORK: CAPACITY: TERRY L. MILLS PRESIDENT 34 YEARS MANAGEMENT AARON MILLS VICE-PRESIDENT 10 YEARS MANAGEMENT RYAN MILLS ESTIMATOR 6 YEARS MISCELLANEOUS PROJECTS ESTIMATOR & SUPERINTENDENT UP TO 1.0 MM PROJECTS VICTOR MATA SUPERINTENDENT 26 YEARS DIRT - ASPHALT SUPERINTENDENT UP TO 1.0 MM PROJECTS DAVE CROSSON SUPERINTENDENT 33 YEARS DIRT - STRUCTURES - ASPHALT SUPERINTENDENT UTILITIES UP TO 5.0 MM PROJECTS CHARLESGEIST SUPERINTENDENT 27YEARS DIRT -ASPHALT -STRUCTURES SUPERINTENDENT UTILITIES UP TO 5.0 MM PROJECTS HARLEY DELLINGER SUPERINTENDENT 21 YEARS DIRT - STRUCTURES - UTILITIES SUPERINTENDENT UP TO 5.0 MM PROJECTS SAM TROTTER FOREMAN 12YEARS DIRT - ASPHALT- STRUCTURES FOREMAN UP TO 1.0 MM PROJECTS JASON STUCHLIK ESTIMATOR 9 YEARS MISCELLANEOUS PROJECTS ESTIMATOR & SUPERINTENDENT UP TO 3.0 MM PROJECTS ROSS ALLSWORTH FOREMAN 14 YEARS STRUCTURES - UTILITIES FOREMAN UP TO 1.0 MM PROJECTS ELIAS ALTAMIRANO FOREMAN 10 YEARS STRUCTURES - UTILITIES FOREMAN UP TO .25 MM PROJECTS TOM TANABE IRRIGATION SUPT. 6 YEARS CONCRETE LINED DITCHES SUPERINTENDENT UP TO.5 MM PROJECTS DUSTIN BRENING FOREMAN 3 YEARS STRUCTURES - UTILITIES FOREMAN UP TO .5 MM PROJECTS SCOTT GRIESER FOREMAN 7 YEARS STRUCTURES - UTILITIES FOREMAN UP TO.5 MM PROJECTS ERIC BACA ESTIMATOR 5 YEARS STRUCTURES - UTILITIES ESTIMATOR & FOREMAN UP TO.5 MM PROJECTS AN EQUAL OPPORTUNITY EMPLOYER SECTION 00500 AGREEMENT FORMS 00510Notice of Award 00520Agreement 00530Notice to Proceed SECTION 00510 NOTICE OF AWARD Date:July 8, 12004 TO: TLM Constructors, Inc. PROJECT: SH 287 & LAKE STREET MEDIAN IMPROVEMENTS; BID NO. 5866 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated June 30, 2004 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for SH 287 & LAKE STREET MEDIAN IMPROVEMENTS; BID NO. 5866. The Price of your Agreement is ($65,011.50) Sixty -Five Thousand Eleven Dollars and Fifty cents - ($59,861.50 Base Bid + $5,150.00 Force Account). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by July 23, 2004. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten you one (1) attached. (10) days after you comply with those conditions, OWNER will return to fully -signed counterpart of the Agreement with the Contract Documents City of Fort Collins OWNER By: J es O'Neill II, CPPO, FNIGP Dire to of Purchasing and Risk Management Title 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 8th 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 TLM Constructors, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the extension of the north median at the College Avenue and Lake Street intersection including removal, replacement, installation, or modification of pavement, curb and gutter, wood mulch, barrier curb, excavation, borrow, topsoil, wood mulch, deciduous trees, weed barrier fabric, and traffic control. 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 30 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 45 calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 9/12/01 Section 00520 Page 1 1) Substantial Completion: One Thousand Dollars ($1,000.00) for each calendar day or fraction thereof that expires after the thirty (30) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the fifteen (15) 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: ($65,011.50) Sixty -Five Thousand Eleven Dollars and Fifty cents, ($59,861.50 Base Bid + $5,150.00 Force Account), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 9/12/01 Section 00520 Page 2 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, 9/12/01 Section 00520 Page 3 conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2. 6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets with the following general title: Department of Transportation, State of Colorado, Highway Construction Bid Plans of Proposed Federal Aid Project No. SHE 2873-128, SH 287 and Lake Street, Fort Collins, Larimer County, Construction Project Code No. 14591. The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 2, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 9/12/01 Section 00520 Page 4 Federal Aid Project # SHE 2873-128 Project Code # 14591 box. Install in box sizes to allow work on components. B. Install 3/" drip tubing ends with end closure in 10" round valve box with cover at end of each run. 2.07 Control System: A. Use existing controller. 2.08 Electric Control Wiring: A. #14 feed wire and #14 common wire solid copper direct burial OF or PE cable, UL approved, or larger, per system design and manufacturer's recommendations. B. Five wires with consistent color scheme throughout: -Red = live (one per valve) -White = ground C. Wire connectors and waterproofing sealant to be used to join control wires to remote control valves. D. Run wire for remaining zones on controller to the end of the mainline that the controller supports. 2.09 Sprinkler Heads: A. All heads shall be of the same manufacturer as specified on the plans, and marked with the manufacturer's name and model in such a way that materials can be identified without removal from the system. Owner will specify brand and models to match other equipment in use in public system in the vicinity. B. Xeri-pop: Rainbird. 2.10 Backflow Device: A. NA PART-3: EXECUTION 3.01 Pipe trenching: A. Install pipe in open cut trenches of sufficient width to facilitate thorough tamping/puddling of suitable backfill material under and over pipe. B. Trench depths: 1. Mainline - Minimum of 24" deep from top of pipe to finished grade for 6" and under mainline. Minimum of 32" deep from top of pipe to finished grade for 8" and larger. 2. Lateral - Minimum of 16" deep from top of pipe to finished grade. ''/<" drip pipe 8" deep from top of pipe except in shrub beds. 3. Sleeves - Install sleeves at a depth, which permits the encased pipe or wiring to remain at the specified burial depth. 3.02 Sleeves: A. NA COLLEGE & LAKE INTERSECTION SECTION 02810— IRRIGATION Page 3 of 6 ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9/12/01 Section 00520 Page 5 OWNER* CITY OF FORT COLLINS By: JAME B. O'NEILL II, CPPO, FNIGP IR CTOR OF PURCHASING RISK MANAGEMENT Date: Attes Addre P. O. bOX 5uU Fort Collins, CO 80522 Approved as to Form Assistant City Attorney 9/12/01 CONTRACTOR: XM Conductors, Inc. By: Aaron L. Mills Title: Vice President Date:_?-2/ (CORPORATE SEAL) Attest: Ryan C IT ills, Assistant Secretary Address for giving notices: P.O. Box 336638 Greeley, CO 80633-0611 LICENSE NO.: 903A Section 00520 Page 6 SECTION 00530 NOTICE TO PROCEED Description of Work: SH 287 & LAKE STREET MEDIAN IMPROVEMENTS; BID NO. 5866 To: This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be and , 20, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR By: Title: 7/96 Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615Payment Bond 00630Certificate of Insurance 00635Certificate of Substantial Completion 00640Certificate of Final Acceptance 00650Lien Waiver Release (CONTRACTOR) 00660Consent of Surety 00670Application for Exemption Certificate n SECTION 00610 PERFORMANCE BOND Bond No. S324605 KNOW ALL MEN BY THESE PRESENTS: that (Firm) TIM Constructors, Inc. (Address) 1013 37th Ave. Ct., Suite 202, Greeley, CO 80634 (a Corporation), hereinafter referred to as the "Principal" and (Fi rm ) Employers Mutual Casualty Company (Address) P-D- Box 370010, Denver, CO 80237-0010 hereinafter referred to as "the.Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Sixty Five Thousand Eleven & 50/100--** in lawful money of the United States, " for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, 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 8th day ofJuly , 2004, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, SH 287 & LAKE STREET MEDIAN IMPROVEMENTS; BID NO. 5866. 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. ** ($65,011.50) 7/96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR (— shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each oIe of which: shall be deemed an original, this 20th day of July .. 2 0�0t,. h$ PRSElE-QF;, Principal oe nX Constructors, Inc. R ,`Ni,lls Aaron L. Mills As's`istan.t' Secretary Vice President (Title) 1013 37th Ave. Ct., Suite 202, Greeley, CO 80634 (Address) (Corporate Seal) IN PRESENCE OF: other Partners Not Applicable By: Mot -Applicable Not Applicable By Not�APplicable IN PRESENCE OF: Suret Employers Mutual Casualty Company By: j1W all - RCobb, Witless Pamela J. en, Attorney-ln-Fact P.O. Boa 370010, Denoer,'00 80237-0010. Cphthia M. Barnett, Witness (Address.) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement:'`., If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. S324605 KNOW ALL MEN BY THESE PRESENTS: that (Firm) TM Constructors, Inc. (Address) 1013 37th Ave. Ct_, Suite 202, Greeley, 00 80634 ( ), ( ), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Employers Mutual Casualty Company (Address) P.O. Bog 370010, Denver, CO 80237-0010 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of Sixty Five Thousand Eleven & 50/100--($65,011.50) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 8th day of - July , 2004, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, SH 287 & LAKE STREET MEDIAN IMPROVEMENTS; BID NO. 5866. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and _ it does hereby waive notice of any such change, extension of time, alteration or j 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 j 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 loth day of July 20 o4. IN PRESENCE 1, yan' C. rrT-VIS As}!4sta•nt' S,gc�etary !(Corporate Seal.) IN PRESENCE OF: Pot Applicable Not Applicable IN PRESENCE ^ OF: Orl 44'fo K ' (:obb, Wig/aes^sn �; Wtnla M. murner-r, wiamss (Surety Seal) Principal BY: TLM coast ors, Aaron Mill (T tle) Vice President 1013 37th Ave. Ct., Suite 202, Greeley, CO W634 (Address) Other Partners Not Applicable Not Applicable Suret By:4 Paiela J. Pa n, Att8ndf-In-Fact $fit: P.O. Boa 370010, Denver, 00 80237-MlO (Address) 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 its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: ANY AND ALL BONDS :and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all o.f ft. acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 2006 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer; any Vice President, the Treasurer and the Secretary of Employers Mutual Casuelty Company shell have power and authority to: (1) appoint attomeys•in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, tmnds and undertakings, recognizanoes, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attomey-in-fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings,, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such aftomey-in-Fad shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding.upon the Company with the same force and'affectas though manually affixed. IN .WRESS WHEREOF, the Corn an'�es have caused these pets to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed fh(s day of y Seals r -" -- - i E �' Bruce G. Kelley, Chairman Jie yS. Birdsley 5�°'"s�Agy QPN.... ° oFq �P;....... of Companies 2, 3, 4, 5 & 6; resident Assistant Secretary FGP,`aavORyrf n.^ i yJ �paP0OR Po o: • OPPORgi y , of Company.1; Vice Chairman and r ` CEO of Company, 7 o SEAL ;3: _o 1863 a;?� 1953� <= 'ail,•' n . •r4Y `• Z�'. IMA �UWP 0*, • • • ' 'n, bWP,,, On this '7th day of May AD 2003 before me a ; ""azFc Q� `µsue^tv, Qs�..."Ar cy Notary Pubhc in and for the State of Iowa, personallyappeared Bruce G. Kelley and Jeffrey S. - ¢- `papOgq� O��``oPpORgm s� Birdsley, who, being by me duly sworn, did say that they are, and are known to me to be the SEAL ? = x SEAL a SEAL Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of a = y , o , each of The Companies above; that the seals affixed to this instrument are the seals of said • . o ry ;'? ......�,Q; corporations; that said instrument was signed and sealed on behalf of each of the Companies own • 4Rr„ oapo •.,?ro,"rs �, ` by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Jeffrey S. Birdsley, as such officers, acknowledge the execution of said instrument to be the UT voluntary ad and deed ofeach of the Companies. My Commission Expires September 30, 2006. 4 RUTA KRUMINS Commission Number 176255 !�'� "r• v My Comm. Exp. Sergi 30. 2065 Notary Publieir ond_for the State of Iowa CERTIFICATE F I r I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the April 7, 2004 Companies, a h' P e f A y, ' su ua theret n. ," on behalf of'o1id` 1�$ply,.�Ona' ac%�urn, �Po are true and correct and are still n full force and effect. Cynthia M. Burnett, J. R, Flic ' hard L %,Db0t#AsU Rothey r In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company th I Lv2fth d of hFly 20M '� Vice -President cuenw: z-i'i i T 11 IVII.I IN\/ AOORD'. CERTIFICATE OF LIABILITY INSURANCE DATE[MM/ D/YYYY) PRODUCER i� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH of Colorado ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 720 S. Colorado Blvd Ste 600-N P.O. Box 469025 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver, CO 80246.9025 INSURERS AFFORDING COVERAGE NAIC # INSURED TLM Constructors, Inc. P. O. Box 505 Swink, CO 81077 INSURER A: Zurich -American Ins. CO. 16535 INSURER B: Amercan Guarantee Insurance 35521 INSURER C: Pinnacol Assurance 10780 INSURER D: INSURER E: :t THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR 'TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE (MM/DDIYYI LIMITS A GENERAL LIABILITY CP03757882 07/01/04 07/01/05 EACH OCCURRENCE $1 QQQQQQ X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDPREMISES (Fa occurnencel $300OOO MED EXP (Any one person) $1 Q QQQ CLAIMS MADE 51OCCUR PERSONAL & ADV INJURY $1 QQQ QQQ X Blkt Addl Insrd X Ltd Pollution GENERAL AGGREGATE s2,000,000 GI AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2000000 POLICY jRo X X LOC A AUTOMOBILE LIABILITY ANY AUTO CP03757882 07/01/04 07/01/05 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X Ltd Pollution X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG B EXCESS/UMBRELLA LIABILITY X OCCUR CLAIMS MADE AUC3757883 07/01/04 07/01/05 EACH OCCURRENCE s5,000,000 AGGREGATE s5,000,000 ]DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND 4058086 10/01/03 10/01/04 X WC LIMIT OTH- EMPLOYERS' LIABILITY E.L. EACI4 ACCIDENT $500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $500OOO OFFICERIMEMBER EXCLUDED? If yes, describe under E.L. DISEASE - POLICY LIMIT $500,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project Description: SH 287 & Lake Street Median Improvements Bid Number: 5866 The following are Additional Insureds as respects General Liability only (See Attached Descriptions) City of Ft. Collins 215 N. Mason Street, 2nd Floor Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL sn• DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE 0' ..�.VRU L, iLVV 1/VO/ 1 oT 3 95217315IM214833 MAS 0 ACORD CORPORATION 1988 Federal Aid Project # SHE 2873-128 Project Code # 14591 3.03 Pipe Installation: A. Use Teflon tape on all threaded joints; only schedule 80 pipe may be threaded. B. Reducing pipe size shall be with reducing insert couplings: at least 6" beyond last tee of the larger pipe. C. Backfill shall be free from rubbish, stones larger than 2" diameter, frozen material and vegetative matter. Do not backfrll in freezing weather. If backfill material is rocky, the pipe shall be bedded in 2" of fill sand covered by 6" of fill sand. D. After puddling or tamping, leave all trenches slightly mounded to allow for settling. E. Compact to proper densities depending on whether surface area over the line will be paved or landscaped. 3.04 Thrust Blocks: IW0I_1 3.05 Valve Installation: A. Install at least 12" from and align with adjacent walls or paved edges. B. Automatic Remote Valves: Install in such a way that valves is accessible for repairs. Make electrical connection to allow pigtail so solenoid can be removed from valve with 24" (min.) slack to allow ends to be pulled 12" above ground. 1. Flush completely before installing valve. Thoroughly flush piping system under full head of water for three minutes through furthest valve, before installing heads. 2. Install in valve box per details. C. Valve Boxes: 1. Brand all valve boxes with the following codes: "SV" and the controller valve number per as built plans for all remote control valves; "DV" for all drain valves; "GV" for all isolation valves; "DRGV" for all drip system isolation valves; "QC" for all quick coupling valves; "WA" for all winterization assemblies; "FM" for all flow meter assemblies; and "MV" for all master valve assemblies. Use a branding iron stamp with 3" high letters. 2. Valve box shall NOT rest on mainline. Use brick or other non -compressible material per detail. Top of valve box to be flush with finish grade. Use add-ons to depth of valve gravel. 3. Install valves in box with adequate space to access valves with ease. Valves shall not be too deep to be inaccessible for repairs. 3" depth of 3/4" washed gravel to be placed in the bottom of each valve box with enough space to fully turn valve for removal (see detail). 3.06 Head Installation: A. Set heads plumb and level with finish grade. In sloped area, heads to be tilted as necessary to provide full radius spray pattern. B. Flush lateral lines before installing heads. Thoroughly flush piping system under full head of water for three minutes through furthest head, before installing heads. Cap risers if delay of head installation occurs. C. Pop -Up Heads along walks and bikeways: Bed heads in 6" layer of sand under the base of the head. D. Nozzles: Supply appropriate nozzle for best performance. E. Adjustment: Adjust nozzles and radius of throw to minimize overspray onto hard surfaces. COLLEGE & LAKE INTERSECTION SECTION 02810 — IRRIGATION Page 4 of 6 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AUmu ca-a twv-uva) 2 of 3 #5217315/M214833 DESCRIPTIONS (Continued from Page 1) If required by written contract and coverage applies only as respects work performed by the Insured for the Additional Insureds. All coverage terms, conditions and exclusions of the policy apply. Additional Insureds: The City of Ft. Collins, the Engineer, the Engineer's Consultants and their officers and employees and any other persons or entities identified in the contract. * The following cancellation conditions always apply: -10 days for non-payment of premium - If policy shown, 10 days for Workers' Compensation for fraud; material misrepresentation; non-payment of premium; other reasons approved by the Commissioner of Insurance AMS ZO.3 (ZUUINU) 3 013 95217315/M214833 INSURM: TIM Constructors, Inc. Additional Insured — Automatic - Owners, Lessees Or Contractors - Broad Form 9 ZURICH Policy No. Ef. .. Date of Pol. 1 ' 11 Date of Pol. Eff. Date of End. Producer Add'I. Prem Return Prem. 1 $ $ CP03757882 07/01/04 07/01/05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO 1S AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis- ing injury covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "property damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products -completed operations hazard", performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contractor written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the addi- tional insured; or U-GL-1175-A CW (9/03) Page 1 of 2 Includes coovrichted material of Insurance Services Office, Inc, with its Dermission. 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or. failure, to render any professional architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by an- other insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. U-GL-1175-A CW (9/03) Page 2 of 2 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE: SH 287 & LAKE STREET MEDIAN IMPROVEMENTS; BID NO. 5866 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 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, SH 287 & LAKE STREET MEDIAN IMPROVEMENTS; BID NO. 5866. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 0 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: &H 287 & LAKE STREET MEDIAN IMPROVEMENTS; BID NO. 5866 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a .and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 7/96 Section 00650 Page 1 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of 20_ CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 , by Witness my hand and official seal. My Commission Expires: day of Notary Public _ 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: SH 287 & LAKE STREET MEDIAN IMPROVEMENTS; BID NO. 5866 CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of (Surety Company) 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. Federal Aid Project # SHE 2873-128 Project Code # 14591 3.07 Controller Installation: A. NA 3.09 Wiring: A. Comply with local electrical codes. B. Install common ground wire and one control wire for each remote control valve. Multiple valves on a single control wire are not permitted. 3.10 Point of Connection: A. Make connections to the existing mainline. Make connection below ground. 3.11 Testing A. All tests to be run in the presence of Owners' representative. Schedule all tests a minimum of 48 hours in advance of tests. Repeat any failed tests until full acceptance is obtained. B. Operational Test: Activate each remote control valve from the controller in the presence of Owners' representative. Replace, adjust or move heads and nozzles as needed to obtain acceptable performance of system. Replace defective valves, wiring or other appurtenances to correct operational deficiencies. 3.12 Completion Services When project construction is complete, request from Owners' representative a punch list inspection for Construction Acceptance: A. Demonstrate system to Owner personnel. B. Provide Owner personnel with ordering information including model numbers, size and style for all components. C. Provide two sets of as built drawings per below, showing system as installed with each sheet clearly marked "AS -BUILT DRAWINGS", the name of the project and all information clearly provided. As- builts shall reflect changes indicated on weekly red line submittals. 1. One set of reproducible Mylar, no larger than 24" x 36". 2. One set of all sheets reduced to I I" x 17", with each station color coded, and each sheet plastic laminated. 3. Provide as -built drawing on computer disk in a *.DWG format. D. Clean Up: Remove all excess materials, tools, rubbish and debris from site. E. Contractor shall request Final Acceptance inspection from Owner. F. Provide Owner personnel operating keys, servicing tools, test equipment, warranties/ guarantees, maintenance manuals, and contractor's affidavit of release of liens. Keys, tools and other operating equipment need to be turned over to Owner. Submittal of all these items must be accompanied by a transmittal letter and delivered to the Owner offices (delivery at the project site is acceptable with signed receipt). COLLEGE & LAKE INTERSECTION SECTION 02810— IRRIGATION Page 5 of 6 DR 0172 (01/03) 6 COLORADO DEPARTMENT OF REVENUE DEER CO 8021 ( 03) 38 SERV (7378) CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(M) DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of yourexemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side.) FAILURE TO ACCURATELY COMPLETEALL BOXES WILL CAUSE THEAPPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) 89 _ Period 0170-750 (999) $0.00 Trade name/DBA: Owner, partner, orcorporale 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: CAI `IN#� JE Ir14ATI�fV Copies wtlt ar Contract "Agiewwrit s:(1)'identltytng,ttk; c�rnracHn9 pe dos;ley bid t iljnafures.of eontri miss MUST be attafxhed. Nameofexempt organization (as shown on contract): Exempt organization's number. 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (!as) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW TH15 LINE Special Notice - Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contrac- tors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed- ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS 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 Number & Title Number Number & Title 1. DEFINITIONS 1.1 Addenda.............................................1 1.2 Agreement..........................................1 1.3 Application for Payment ,,,,,,,,,,,,,,,,,,,,,,,1 1.4 Asbestos.............................................1 1.5 Bid.....................................................1 1.6 Bidding Documents .............................1 1.7 Bidding Requirements ......................... ( 1.8 Bonds.................................................1 1.9 Change Order......................................1 1.10 Contract Documents 1.11 Contract Price,,,,,,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 1.12 Contract Times,,,,,, 1 1.13 CONTRACTOR,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1 L14 defective.............................................1 1.15 Drawings............................................1 1.16 Effective Date of the Agreement ............ 1 1.17 ENGINEER, ...... I ................................. 1 1.18 ENGINEER's Consultant 1 1.19 Field Order.........................................1 1.20 General Requirements .........................2 1.21 Hazardous Waste ;.2 1.22.a Laws and Regulations; Laws or Regulations......................................2 1.22.b Legal Holidays....................................2 1.23 Liens.................................................2 1.24 Milestone .............................. 1.25 Notice of Award .................................. 2 1.26 Notice to Proceed;2 1.27 OWNER.............................................2 1.28 Partial Utilization 2 1.29 PCBs..................................................2 1.30 Petroleum...........................................2 1.31 Project................................................2 1.32.a Radioactive Material 1.32.b Regular Working Hours ........ ..........2 1.33 Resident Project Representative,,,,,,,,,,,, 2 1.34 Samples..............................................2 1.35 Shop Drawings ................... I................ 1.36 Specifications.....................................2 1.37 Subcontractor.....................................2 1.38 Substantial Completion .......................2 1.39 Supplementary Conditions,,,,,,,,,,,,,,,,,, 2 1.40 Supplier ........................... ................... 2 1.41 Underground Facilities .....................2-3 1.42 Unit Price Work ................................. 3 1.43 Work.................................................3 1.44 Work Change Directive ........................3 1.45 Written Amendment ...........................3 M Page Number 2. PRELIMINARY MATTERS ................................ 3 2.1 Delivery of Bonds .............................3 2.2 Copies of Documents .......................3 2.3 Commencement of Contract Times; Notice to Proceed,,,,,,,,,,,,,,, 3 2.4 Starting the Work ............................3 2.5-2.7 Before Starting Construction; CONTRACTOR'S Responsibility to Report; Preliminary Schediles; Delivery of Certificates of Insurance .................................. 3-4 2.8 Preconstruction Conference 4 2.9 Initially Acceptable Schedules ..........4 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE..........................................4 3.1-3.2 Intent ............................................. 4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies .................................. 4-5 3.4 Intent of Certain Terms or Adjectives ..................................... 5 3.5 Amending Contract Docunents......... 5 3.6 Supplementing Contract Documents ...............:..............:.... 5 3.7 Reuse of Documents 5 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS.........................................5 4.1 Availability of Lands.....................5-6 4.2 Subsurface and Physical Conditions .................................... 6 4.2.1 Reports and Drawings......................5 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data.............................. 4.2.3 Notice of Differing Subsurface or Physical Conditions,,,,,,,,,,,,,,,,,, 6 4.2.4 ENGINEER's Review,,,,,,,,,,,,,,,,,,,,,,,6 4.2.5 Possible Contract Documents Change.........................................6 4.2.6 Possible Price and Times Adjustments...............................¢-7 4.3 Physical Conditions --Underground Facilities.......................................7 4.3.1 Shown or Indicated 7 4.3.2 Not Shown or Indicated,,,,,,,,,,,,,,,,,,, 7 4.4 Reference Points7 EICDC 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 TRACTORS 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,,,,,,,,,,,,,,,,,,, .......................................... Approval of Required _ 5.5 OWNERs 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 CONTRACTORs General tional Property Insurancq.................10 Warranty and Guarantee, .............. 17 - 5.8 Notice of Cancellation Provsion......... 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. OWNERS 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. CONTRACTORS RESPONSIBILITIES ...............11 When Due ........... ....................... 18 6.1-6.2 Supervision and Superintendencp ....... 11 8.4 Lands and Easements; Reports _ 6.3-6.5 Labor, Materials and Equipment..,11-12 and Tests...............................18-19 6.6 Progress Schedule..............................12 8.5 Insurance ....................................... 19 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Orders:..............................19 CONTRACTORs ExP4nse; 8.7 Inspections, Tests and Substitute Construction Approvals...................................19 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEER's Evaluation.............12-13 Terminate CONTRACTOR's - 6.8-6.11 Concerning Subcontractors, Services......................................19 Suppliers and Others; 8.9 Limitations on OWNERS Waiver of Rights ... :.................... 13-14 Responsibilities, ........................... 19 6.12 Patent Fees and Royalties ................... 14 8.10 Asbestos, PCBs, Petroleum, -' 6.13 Permits.............................................14 Hazardous Waste or 6.14 Laws and Regulations ........................14 Radioactive Material .................... 19 6.15 Taxes .................... ....... ................ 14-15 8.11 Evidence of Financid _ 6.16 Use of Premises.................................15 Arrangements. ............................ .19 6.17 Site Cleanliness ...... ..... ..................... 15 6.18 Safe Structural Loadmg.....................15 9. ENGINEERS 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 Program§ ...... 16 9.3 Project Representative ...............19-21 _ 6.23 Emergencies.;,,,,. *..... .. ................16 9.4 Clarifications and Interpre- 6.24 Shop Drawings and Sample�..............16 tations........................................?1 9.5 Authorized Variations in Vibrk ........ 21 EJCDC GENERAL CONDITIONS 19I0-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Page Article or Paragraph Page Number &Title Number Number & Title Number 9.6 Rejecting Defective Work...................21 13.8-13.9 Uncovering Work at ENGI- 9.7-9.9 Shop Drawings, Change Orders NEER's Request ...................„27-28 and Payments....................................21 13.10 OWNER May Stop the Work .......... 28 9.10 Determinations for Unit Prices,,,,,, 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work ....................... *... 78 NEER as Initial Interpreter..............22 13.12 Correction Period„.,,,,,,,,,,,,,,,,,,,,,,,,28 9.13 Limitations on ENGINEER's 13.13 Acceptance ofDefective Work ......... 28 Authority and Responsibilitieg..... 2-23 13.14 OWNER May Correct Defective Work ..................................... 28-2 9 CHANGES IN THE WORK ....................................... 23 10.1 OWNER's Ordered Change ................ 23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment ........................23 COMPLETION,,,.......*......... .......29 10.3 Work Not Required by Contract 14.1 Schedule of Values .........................79 Documents .................................... 23 14.2 Application for Progress 10.4 Change Orders ... ... ............................23 Payment ..................................... 29 10.5 Notification of Surety ........................23 14.3 CONTRACTOR'sWarranty of Title.......................................... 29 CHANGE OF CONTRACT PRICE .............................23 14.4-14.7 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments „...............29-30 Adjustment; Value of 14.8-14.9 Substantial Completion,,,,,,,,,,,,,,,,,, 30 the Work 23-24 14.10 Partial Utilization, 11.4 Cost of the Work . ....................24-25 14.11 Final Inspectioq ............................. 31 11.5 Exclusions to Cost of the Work .........25 14.12 Final Application for Payment 31 11.6 CONTRACTOR's Fee........................25 14.13-14.14 ........ Final Payment and Acceptancq 31 11.7 Cost Records ................................. 14.15 Waiver of Claims ...................... ....... 31-32 11.8 Cash Allowances,•, 26 11.9 Unit Price Work ................................ 26 15. SUSPENSION OF WORK AND . TERMINATION ................................................ 2 CHANGE OF CONTRACT TIMES ............................26 15.1 OWNER May Suspend Work 32 12.1 Claim for Adjustment ....................... 26 15.2-15.4 .......... OWNER May Terminate..,,,,,,.,,,,,,, 32 12.2 Time of the Essence ..........................26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate,,,,,,,,,,,,,,,,, 32-33 Control ...................................... 26-27 12.4 Delays Beyond OWNER's and 16. DISPUTE RESOLUTION .................................. 33 CONTRACTOR's Control...............27 17. MISCELLANEOUS...........................................33 TESTS AND INSPECTIONS; CORRECTION, 17.1 Giving Notice ................................ 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times....................33 DEFECTIVE WORK .................................................. 27 17.3 Notice of Claim .............................. 33 13.1 Notice of Defects ... ... .........................27 17.4 Cumulative Remedies 33 13.2 Access to the Work ......... .........27 17.5 ...................... Professional Fees and Court 13.3 Tests and Inspections; Costs Included .............................33 CONTRACTOR's Cooperation,,,.,,,,, 27 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 13.4 OWNER's Responsibilities; Intentionally left blank.......................................35 Independent Testing Laboratory ,,.,,• 27 13.5 CONTRACTOR's EXHIBIT GC -A: (Optional) Responsibilities...............................27 Dispute Resolution Agreement,,,,,,,,,,,,,,,,,,,,, GC -AI 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration, ......... .........QC -Al tion, Testing or Approval.................27 16.7 Mediation............................... GC -Al 1° FJCDC 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$......................0.7.1 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 Specificationsl....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurances ................................. 5.7 Adjustments -- Contract Price or Contract Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2, ..............................4.5.3, 9.4, 9.5, 10.2-10.4, ......................................... 11, 12,14.8,15.1 progress schedule .............................................. 6.6 Agreement -- definition of......................................................1.2 "All -Risk" Insurance, policy form............................5.6.2 Allowances, Cash....................................................11.8 Amending Contract Documents. 3.5 Amendment, Written -- in general................).10, 1.45, 3.5, 5.10, 5.12, 6.6.2 ..........................6.8.2, 6.19, 10.1, 10A, 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.................................................... .................... . Asbestos -- claims pursuant theretq...........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition of.......................................................1.4 Article or Paragraph Number OWNER responsibility for.............................4.5.1, 8.10 possible price and times change ........................4.5.2 Authorized Variations in Work......... 3.6, 6.25, 6.27, 9.5 Availability of Lands ......................................... 4.1, 8.4 Award, Notice of--defined.......................................1.25 Before Starting Construction, .............................. 2.5-2.8 Bid --definition of.........................1.5 (1.1, 1.10, 2.3, 3.3, ........................4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents --definition of...................................................1.6 (6.8.2) Bidding Requirements --definition Of ..........................................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, .................................... I... 9.13, 10.5, 14.7.6 Performance, Payment and Othef...................5.1-5.2 Bonds and Insurance --in general.................................5 Builder's risk "all-risk" policy form ........................5.6.2 Cancellation Provisions, Insurance........ 5.4.11, 5.8, 5.15 Cash Allowances....................................................11.8 Certificate of Substantial Completion ........ 1.38, 6.30.2.3, ................. :................................ 14.8, 14.10 Certificates of Inspection ...................9.13.4, 13.5, 14.12 Certificates of Insurpncq.............2.7, 5.3, 5.4.11, 5.4.13, ........I..............5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances..............................................11.8 claim for price adjustment............ 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 ...................9.5, 9.11, 10.2, 10.5, 11.2, 13.9, ............. .......... 13.13,13.14,14.7,15.1,15.5 CONTRACTOR's fee.........................................11.6 Cost of the Work general ............................... ................11.4-11.7 Exclusions to ............................................... 11.5 Cost Records.....................................................11.7 in general.............1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing..........................................11.3.2 Notification of Surety........................................10.5 Scope of....................................................10.3-10.4 Testing and Inspection, Uncovering the Work..................................13.9 EICDC GENERAL CONDITIONS 1910-8 (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,,,,,,,,,,,,, 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 Prioq................ ..................... 11 Change of Contract Times..................................12 Changes in the Work ...........................................10 CONTRACTOR's fee........................................11.6 Cost of the Work.......................................11.4-11.7 Cost Records ......... ......... ....................11.7 definition of .................1.9 ....................................... emergencies ............................................. ....... 0.23 ENGINEER's responsibility ....... 9.8, 10.4, 11.2, 12.1 executionof.....................................................10.4 Indemnifiction .........................6.12, 6.16, 6.31-6.33 Insurance, Bonds and.......................5.10, 5.13, 10.5 OWNER may terminate ......... .............15.2-15.4 OWNER's Responsibility .............................$.6, 10.4 Physical Conditions -- Subsurface and..............................................4.2 Underground Facilities--.............................4.3.2 Record Documents,,,,,,,,,,,,,; „ Scope of Change.......................................10.3-10.4 Substitutes ............................................... .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, 9A, 9.5, 9.11, 10.2, ...........................11.2, 11.9, 12.1, 13.9, 14.8, ............................................15.1, 15.5, 17.3 vi CONTRACTOR's Fee ...................................... 11.6 Article or Paragraph Number CONTRACTOR's liability.,.,,,,,,, 5.4, 6.12, 6.16, 6.31 Cost of the Work ....................................... 11.4, 11.5 Decisions on Disputes ............................... 9.11, 9.12 Dispute Resolution............................................16.1 Dispute Resolution Agreement .................... j6.1-16.6 ENGINEER as initial interpretor..... .............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 op ........................:...9.11 Substitute Items,,,,,,,,,,,,,,,,,,, 0.7.1.2 Time Extension .. .. .............................................12.1 Time requirements ................................... 9.11, 12.1 Unit Price Work, ,,,,,,,,, ,,,,,•.. ,,,,,,.,..•11.9.3 Value of .............................. ............................ 1.1.3 Waiver of --on Final Payment ................. j4.14, 14.15 Work Change Directive ,..................................... 10.2 written notice required ,,,,,,,,,,,,,,,,,,,,,,9.11, 11.2, 12.1 Clarifications and 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..............................................0.2, 6.9.2, 8.1 Hazard Communication Programs .....................§.22 Completion -- Final Application for Payment ..........................14.12 Final Inspectiorl..............................................14.11 Final Payment and Acceptance ...............14.13-14.14 Partial Utilization,,,,,,,,,,,,,,,,,,,* ........................ 14.10 Substantial Completion ......................1.38, 14.8-14.9 Waiver of Claims............................................14.15 Computation of Times ,,,,,,,,,,,,,,,,,,,,,,,,,,,••„17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others.................................................6.8-6.11 Conferences -- initially acceptable schedules .............................. 2.9 preconstruction ................. 2.8 Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report ..........................7.5, 3.3.2 Construction, before starting by CONTRACTOR ........................................... 2.5-2.7 Construction Machinery, Equipment, etc,,,,,,,,,,,,,,,,,, 6.4 Continuing the Work ..................................... 6.29, 10.4 Contract Documents-- Amending................................. .........................3.5 Bonds................................. 5.1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Cash Allowances..............................................11.8 Article or Paragraph Number Change of Contract Price .................................... I I Change of Contract Times .................................. 12 Changes in the Work................................1010.5 .4 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 data,,,,,,,,,,,,,, 8.3 OWNER's responsibility to make prompt payment ..........................$3, 14.4, 14.13 precedence................................................3.1, 3.3.3 Record Documents............................................0.19 Reference to Standards and Specifications of Technical Societies ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,3.3 Related Work......................................................7.2 Reporting and Resolving Discrepancies ........ 2.5, 3.3 Reuseof............................................................3.7 Supplementing..................................................3.6 Termination ofENGINEER's Employment .......... 8.2 Unit Price Work...............................................11.9 variations, ......................................... 3.6, 6.23, 6.27 Visits to Site, ENGINEER's................................ 9.2 Contract Price -- adjustment of ............... 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof..........................................................I I Decision on Disputes........................................9.11 definition of......................................................1.11 Contract Times -- adjustment of ..........................3.5, 4.1, 9.4, 10.3, 12 Change of ................................................ 12:1-12.4 Commencement of ............................................ 2.3 definition of .................... :....... ......................... 1.12 CONTRACTOR -- Acceptance of Insurance ................................... 5.14 Communications......................................6.2, 6.9.2 Continue Work........................................6.29, 10.4 coordination and scheduling............................0..9.2 definition of.....................................................1.13 Limited Reliance on Technical Data Authorized.........................................4.2.2 May Stop Work or Terminate............................1.5.5 provide site access to others ........................7.2, 13.2 Safety and Protection ...................4.3.1.2, 6.16, 6.18, ..................................... 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal........................................6.25 vii Stop Work requirements..................................4.5.2 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 condition$...................................4.2.3 Discrepancy in Documents ........ 2.5, 3.3.2, 6.14.2 Underground Facilities not indicate4........., 4.3.2 Emergencies.....................................................0.23 Equipment and Machinery Rental, Cost of the Work...........................................11.4.5.3 Fee, --Cost Plus..........................11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .......................0.30 Hazard Communication Programs .....................0.22 Indemnification .........................0.12, 6.16, 6.31-6.33 Inspection of the Work ............................... 7.3, 13.4 Labor, Materials and Equipment ....................0.3-6.5 Laws and Regulations, Compliance by,,,,,,,,,,,,, 6.14.1 Liability Insurance..............................................5.4 Notice of Intent to Appeat .........................9.10, 10.4 obligation to perform and complete theWork....................................................0.30 Patent Fees and Royalties, paid for by.................6.12 Performance and Other Bonds.............................5.1 Permits, obtained and paid for by.......................0.13 Progress Schedule...........................2.6, 2.8, 2.9, 6.6, ........................................ 6.29, 10.4, 15.2.1 Request for formal decisionon disputes..............9.11 Responsibilities -- Changes in the Work..................................10.1 Concerning Subcontractors, Suppliers and Others......................................6.8-6.11 Continuing the Work ..........................0.29, 10.4 CONTRACTOR's expense...........................0.7.1 CONTRACTOR's General Warranty and Guarantee.......................................6.30 CONTRACTOR's review prior to Shop Drawing or Sample submittal ................6.25 Coordination of Work................................6.9.2 Emergencies ............................................... 6.23 ENGINEEWs evaluation, Substitutes or "Or -Equal" Items.............................0.7.3 For Acts and Omissions of Others.............................6.9.1-6.9.2, 9.13 for deductible amounts, insurance. .................. 5.9 general........................................0, 7.2, 7.3, 8.9 Hazardous Communication Programs.,.,,.,.., 6.22 Indemnification ................................... 6.31-6.33 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) ,� Federal Aid Project # SHE 2873-128 Project Code # 14591 METHOD OF MEASUREMENT AND BASIS OF PAYMENT No measurement will be made for this item. Payment will be made under: Item No. Pay Item Pay Unit 623.01 Median Irrigation LS Payment will be full compensation for all labor, materials and equipment required to complete the work. COLLEGE & LAKE INTERSECTION SECTION 02810— IRRIGATION Page 6 of 6 Labor, Materials and Equipment..............0.3-6.5 Laws and Regulations..................................6.14 Liability Insurance ......... ......... ........ 5.4 Article or Paragraph Number Notice of variation from Contract Documents ........................................... 6.27 Patent Fees and Royalties.............................6.12 Permits.......................................................6 .13 Progress Schedule.........................................6.6 Record Documents 6.19 related Work performed prior to ENGINEER's approval of required submittals ............................... ..........6.28 safe structural loading.................................6.18 Safety and Protection,,,,,,,,,,,,,,,,,,,, 6.20, 7.2, 13.2 Safety 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 Procedures6.7.2 Substitutes and "Or -Equal" ItemS................0.7.1 Superintendence ................ ......... .......6.2 Supervision..,,,,,...............6.1 ............................. Survival of Obligations................................6.34 Taxes...........................................................15 Tests and Inspections..................................13.5 ToReport......................................................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 clairq........... 4, 7.1, 9.4, 9.5, 9.11, 10.2,11.2, .......... J 1.9, 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 Submittalg..... 6.24-6.28 Special Consultants........................................11.4.4 Substitute Construction Methods and Procedures„6.7 Substitutes and "Or -Equal" Items, Expense .......................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Other4,,,,,..,,,, 6.8-6.11 Supervision and Superintendence ......... 6.1, 6.2, 6.21 Taxes, Payment by............................................15.15 Use of Premises ............................... 6.16-6.18 Warranties and guarantees ......................... 6.5, 6.30 Warranty of Title..........................................I...14.3 Written Notice Required -- CONTRACTOR stop Work or terminate, ....... 15.5 Reports of Differing Subsurface and Physical Condition§ ....................... 4.2.3 Substantial Completion................................14.8 viii CONTRACTORS --other .............................................. 3 Contractual Liability Insurance..............................$.4.10 Contractual Time Limits.........................................J2.2 Article or Paragraph Number Coordination_ CONTRACTOR's responsibility ........................6.9.2 Copies of Documents ............. ............................ 2.2 . Correction Period ..................... ... ..........................13.12 Correction, Removal or Acceptance of Defective Work-- in general...................................10.4.1, 13.10-13.14 Acceptance ofDefective Work .........................13.13 Correction or Removal of Defective Work,, ,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,6.30, 13.11 Correction Period ...........i3.12 OWNER May Correct Defective Work ..............13.14 OWNER May Stop Work.................................13.10 Cost -- of Tests and Inspection$ ................................... 13.4 Recordsll.7 Cost of the Work -- Bonds and insurance, additional...................11.4.5.9 Cash Discounts...............................................11.4.2 CONTRACTOR's Fee.......................................11.6 Employee Expenses......................................11.4.5.1 Exclusions to..................................................... 11.5 General11.4-11.5 Home office and overhead expenses,,,,,,,,,,,,,,,,,, 11.5 Losses and damages.....................................11.4.5.6 Materials and equipment.................................11.4.2 Minor expenses........................................11.4.5.8 Payroll costs on changes.................................11.4.1 performed by Subcontractors...........................11.4.3 Records11.7 Rentals of construction equipment and machinery......................................11.4.5.3 Royalty payments, permits and license fees............................................11.4.5.5 Site office and temporary facilitie$................J 1.4.5.2 Special Consultants, CONTRACTOR's ............. 11.4.4 Supplemental ... . ............ Taxes related to the Work............................11.4.5.4 Tests and Inspection.........................................13.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facilities„.............11.4.5.7 Work after regular hours.................................11.4.1 Covering Work...............................................13.6-13.7 Cumulative Remedies,,,,,,..*....* ...................... 17.4-17.5 Cutting, fitting and patching....................................7.2 Data, to be furnished by OWNED..............................$.3 Day --definition of,,,,, ,,,,,,,,,,,,, Decisions on Disputes .................................... 9.11, 9.12 defective --definition o1',,,,,,,,,,,,,,............................. J.14 defective Work-- Acceptanceof......................................10.4.1, 13.13 EICDC 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;...........................7.7 Determinations for Unit Prices ................................ 9.10 Differing Subsurface or Physical Conditions -- Notice of........................................................4.2.3 ENGINEER's Review ...................................... 4.2.4 Possible Contract Documents Changq.............. 4.2.5 Possible Price and Times Adjustmentg............. 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 generall6 Mediation........................................................1.6.6 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 gf..............1.16 Emergencies...........................................................0..23 ENGINEER -- as initial interpreter on disputes .................9.11-9.12 definition of.....................................................1.17 Limitations on authority and responsibilitieg ..... 9.13 Replacement of .................................................. 8.2 Resident Project Representative ...........................9.3 ENGINEER's Consultant -- definition of ..................1.18 ENGINEER's-- authority and responsibility, limitations orl........ 9.13 Authorized Variations in the Work.....................9.5 Change Orders, responsibility for....., 9.7, 10, 11, 12 Clarifications and Interpretations ...............3.6.3, 9.4 Decisions on Disputes ............................... ............................... defective Work, notice of ................................. 13.1 Evaluation of Substitute Itemg .... I.....................6.7.3 Liability...................................................6.32, 9.12 Notice Work is Acceptable...............................14.13 Observations...........................................6.30.2, 9.2 ix 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 oq.................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 Cmstruction-- authorized variations in the Work..................9.5 Clarifications and Interpretation8 ..................9.4 Decisions on Disputeq..........................9.11-9.12 Determinations on Unit Price ........................ 9.10 ENGINEER as Initial Interpreter......... .......... ENGINEER's Responsibilities ................9.1-9.12 Limitations on ENGINEER's Authority and Responsibilitieg..............................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..............................7.2, 9.1 Equipment, Labor, Materials and.........................0.3-6.5 Equipment rental, Cost of the Work..................11.4.5.3 Equivalent. Materials and Equipment .........................6.7 error or omissionq..................................................6.33 Evidence of Financial Arrangements .......................F-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 Inspectio►t................................................... J 4.11 Final Payment -- and Acceptance......................................14.13-14.14 Prior to, for cash allovances...............................11.8 General Provisions..........................................17.3-17.4 General Requirements -- definition of.....................................................1.20 principal references tg..............7.6, 6.4, 6.6-6.7, 6.24 Giving Notice ............................. : ........................... 17.1 Guarantee of Work --by CONTRACTOR ........ 15.30, 14.12 Hazard Communication Programq ...........................0.22 Hazardous Waste -- definition of.....................................................1.21 general............................................................. 4.5 OWNER's responsibility for ........................ :.....8.10 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification, ............................. 0..12, 6.16, 6.31-6.33 Initially Acceptable Schedules...................................2.9 Inspection -- Certificates of ..............................9.13.4, 13.5, 14.12 Final...........................................................14.11 Article or Paragraph Number Special, required by ENGINEER 9.6 Tests and Approval.............................8.7, 13.3-13.4 Insurance -- Acceptance of, by OWNER...............................5.14 Additional, required by changes in the Work..........................................11.4.5.9 Before starting the Work .................................... 2.7 Bonds and --in general ..........................................5 Cancellation Provisions,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 5.8 Certificates of..................7.7, 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 ..................................5A CONTRACTOR's objection to coverage.............5.14 Contractual Liability......................................5.4.10 deductible amounts, CONTRACTOR's responsibility................................................. 5.9 Final Applicafon for Payment .........................14.12 Licensed Insurers...............................................5.3 Notice requirements, material changes ........ 5.8, 10.5 Option to Replace.............................................5.14 other special insurances....................................5.10 OWNER as fiduciary for insureds .............5.12-5.13 OWNER's Liability : ........................................... 5.5 OWNEWs 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..........................4.3-6.5 Lands -- andEasements...................................................$.4 Availability of.............................................4.1, 8.4 Reports and Tests...............................................$A Laws and Regulations --Laws or Regulations-- Bonds........................................................5.1-5.2 Changes in the Work ....................................... 10.4 Contract Documents...........................................3.1 CONTRACTOR's Responsibilities .....................0.14 Correction Period, defective Work....................J3.12 Cost of the Work, taxes ............................... J 1.4.5.4 definition of.....................................................1.22 general6.14 Indemnification ................................. .. 6.31-6.33 Insurance................................. ..........................5.3 Precedence ....................... .................3.1, 3.3.3 Reference to .............................. 3.3.1 ...................... Safety and Protection................................6.20, 13.2 Subcontractors, Suppliers and Otherg........... 6.8-6.11 Article or Paragraph Number Tests and Inspections,,,,,,.... ........................ 0.16 Visits to Site.......................................................9.2 Liability Insurance-- CONTRACTOR's............................................... 5.4 OWNER's...........................................................5.5 Licensed Sureties and Insurers ................................ 5.3 Liens -- Application for Progress Payment .......................14.2 CONTRACTOR's Warranty of Title....................14.3 Final Application for Payment .........................14.12 definition of.........................................I............1.23 Waiver of Claims............................................14.15 Limitations on ENGINEER's authority and responsibilities ................................................. 9.13 Limited Reliance by CONTRACTOR Authorized ...................................................... ...................... 4.2.2 Maintenance and Operating Manuals -- Final Application for Payment .........................14.12 Manuals (of others)-- Precedence.....................3 ................................3.3.1 Reference to in Contract Documents..................33.1 Materials and equipment -- furnished by CONTRACTOR...............................0.3 not incorporated in Work...................................14.2 Materials or equipment --equivalent ...........................6.7 Mediation (Optional)..............................................16.7 Milestones --definition of........................................1.24 Miscellaneous -- Computation of Times.......................................17.2 Cumulative Remedies......., ................................. 17.4 Giving Notice. ....................... 17.1 Notice of Claim.................................................17.3 Professional Fees and Court Costs Includej......... 17.5 Multi -prime contracts ..................................... Not Shown or Indicated ............................. „4.3.2 Notice of -- Acceptability of Project....................................14.13 Award, definition of.........................................1.25 Claim............................................................13.3 Defects,13.1 Differing Subsurface or Physical Conditions ...... 4.2.3 Giving........................... Tests and Inspections......... 13.3 Variation, Shop Drawing and Sample .............0.27 Notice to Proceed -- definition ................... of..................................1.26 . givingof............................................................?.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Notification to Surety..............................................10.5 Observations, by ENGINEER...........................G.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......................................................0.3 May Correct Defective Work...........................13.14 May refuse to make paymenl.............................J4.7 May Stop the Work.........................................J3.10 May Suspend Work, Terminate . ........................... $.8, 13.10, 15.1-15.4 Payment, make prompt.....................$.3, 14.4, 14.13 performance of other work .................................. 7.1 permits and licenses, requirementg ....................6.13 purchased insurance requirementg.............. 5.6-5.10 OWNER's-- Acceptance of the Work..............................0.30.2.5 Change Orders, obligation to executg.......... 8.6, 10.4 Communications ................ :................................ .1 Coordination of the Work ................................... 7.4 Disputes, request for decisiorl............................9.11 Inspections, tests and approvalg..................$.7, 13.4 Liability Insurance ............................................. 5.5 Notice of Defects..............................................13.1 Representative --During Construction, ENGINEER's Status .......... :........................... 9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material................8.10 Change Orders ............................................. 8.6 Changes in the Work .................................. 10.1 communications............................................8.1 CONTRACTOR's responsibilities ................... .9 evidence of financial arrangementp...............$.11 inspections, tests and approvals .....................8.7 insurance...................................................... $.5 lands and easements.....................................8.4 prompt payment by........................................8.3 replacement of ENGINEER ...........................$.2 reports and tests ................................ ........... 8.4 stop or suspend Work..................5.8, 13.10, 15.1 terminate CONTRACTOR's services..........................................5.8, 15.2 separate representative at sitg ............................. 9.3 testing, independent.........................................13.4 use or occupancy of the Work ..........................5.15, 6.30.2.4, 14.10 written consent or approval required.........................................9.1, 6.3, 11.4 EICDC GENERAL CONDITIONS 1910-9 (1990 EDITION) tr� w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) ,� Article or Paragraph Number written notice required ........................7.1, 9.4, 9.11, .................................... 11.2, 11.9, 14.7, 15.4 PCBs -- definition of.....................................................1.29 general ............... .4.5 OWNER's responsibility for...............................8.10 Partial Utilization -- definition of.....................................................1.28 general 6.30.2.4, 14.10 Property Insurance ............................................. .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 ....................„J4.2 CONTRACTOR's Warranty of Title...................J4.3 Final Application for Payment,,,,,,,, ................. 14.12 Final Inspection ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,14.11 Final Payment and Acceptance,,,,,,,,,,,,,,, 14.13-14.14 general.........................................................$.3, 14 Partial Utilization ............................... . 14.10 Retainage ............................. ............................. 14.2 Review of Applications for Progress Payments...............................14.4-14.7 prompt payment..........:.......................................83 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 C.13 Petroleum -- definition of.....................................................1.30 general..............................................................4.5 OWNER's responsibility for, .............................. 8.10 Physical Conditions -- Drawings of, in or relating to,,,,,,,,,,,,,,,,,,,,,,,, 4.2.1.2 ENGINEER's review ................................ 4.2.4 existing structures............................................4.2.2 general4.2.1.2.......................................................... Notice of Differing Subsurface or,,,,,,,,,,,,,,,,,,,,, 4.2.3 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustments..............4.2.6 Reports and Drawings ..................................... 4.2.1 Subsurface and ................................................... 4.2 Subsurface Conditions...................................4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized Underground Facilities -- general .............................. .......................... .4.3 Not Shown or Indicaed..............................4.3.2 Protection of ....................................... 4.3, 6.20 xii Article or Paragraph Number Shown or Indicated ................................................ 4.3.1 Technical Data ........, .............................. ................................................ , 4.2.2 Preconstruction Conference.......................................2.8 Preliminary Matters.....,,,................................................2 Preliminary Schedules,,,,, ......................... 2.6 Premises, Use of .......................................... ... 6.16-6.18 Price, Change of Contract.....:....................................I I Price, Contract --definition of ................................. 1.11 Progress Payment, Applications for ..........................J4.2 Progress Payment--retainage...................................14.2 Progress schedule, CONTRACTOR's........... 2.6, 2.8, 2.9, ................................. 6.6, 6.29, 10.4, 15.2.1 Project --definition of ............................. „1.31 Project Representative— ENGINEER's Status During Construction,,,,,,,,,,,, 9.3 Project Representative, Resident --definition of .........1.33 prompt payment by OWNER.....................................8.3 Property Insurance-- Additional.........................................................5.7 general5.6-5.10 Partial Utilization................................5.15, 14.10.2 receipt and application of proceeds ............ 5.12-5.13 Protection, Safety and ,,,,,,,,,,,,,,,,,,,„6.20-6.21, 13.2 Punchlist..........................................................1.4.11 Radioactive Material-- defintionof.....................................................3.32 general4.5 OWNER'S responsibility for,,,,,,,,,,,,,,,,,,,,,,,,,,,, $.10 Recommendation of Payment._ ......... j4.4, 14.5, 14.13 Record Documents ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6.19, 14.12 Records, procedures for maintaining ......................... 2.8 ReferencePoints.......................................................4.4 Reference to Standards and Specifications of Technical Societies.........................................3.3 Regulations, Laws and(or)......................................6.14 Rejecting Defective Work ........................................ 9.6 Related Work -- atSite ................................................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review,,,,,,,,,,,,;,,,,,,, 5.28 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 .....................8 4 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 on.............................................9.13 OWNER's-in general ............................................. Retainage............................................................1.4.2 Reuse of Documents.................................................3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ..........................0.25 Review of Applications for Progress Payments....................................14.4-14.7 Right to an adjustment...........................................10.2 Rightsof Way..........................................................4.1 Royalties, Patent Fees and......................................6.12 Safe Structural Loading..........................................6.18 Safety -- and Protection................................4.3.2, 6.16, 6.18, ......................................6.20-6.21, 7.2, 13.2 general .................................................... 6.20-6.23 Representative, CONTRACTOR's......................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....................................................0.24.2 submittal procedures.........................................6.25 Schedule of progress.............................2.6, 2.8-2.9, 6.6, .........................................6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................2.6, 2.8-2.9, 6.24-6.28 Schedule of Values..............................2.6, 2.8-2.9, 14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting...........................................................0..6 Change of Contract Times ................ 1................10.4 Initially Acceptable ...................................... 2.8, 2.9 Preliminary........................................................2.6 Scope of Changes......................................10.340.4 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 ENGR4EER'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 ................................................ .24.1 Submittal Procedures ........................................ 6.25 use to approve substitutions..............................6.7.3 Shown or Indicated ............................................... 4.3.1 Site Access......................................................7.2, 13.2 Site Cleanliness......................................................0.17 Site, Visits to -- by ENGINEER .......................................... 9.2, 13.2 byothers..........................................................13.2 "special causes of loss" policy form, insurance........................................................j.6.2 definition of. .................................................... 1.36 Specifications— defination of....................................................1.36 of Technical Societies, reference t0...................3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Before..............................2.5-2.8 Starting the Work.....................................................2.4 Stop or Suspend Work -- by CONTRACTOR..........................................15.5 by OWNER ..................................... 8.8, 13.10, 15.1 Storage of materials and equipment .................... 4.1, 7.2 Structural Loading, Safety .............................. ....6.18 Subcontractor-- Concerning ................................................. .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.......................................................0.25 Progress Schedules......................................2.6, 2.9 Samples...................................................0.24-6.28 Schedule of Values.....................................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions ..................................... 2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6.28 Substantial Completion -- certification of............................0.30.2.3, 14.8-14.9 definition of. .................................. ................. 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 EICDC GENERAL CONDITIONS 1910-5 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number or Procedures.............................................6.7.2 Substitute Items,,,,,,,,,,,,,,,,,,, 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relatng to,,,,,,,,,,,,,,,,,,,,,,,, 4.2.1.2 ENGINEER's Review......................................4.2.4 general .............................. ................................ 4.2 Limited Reliance by CONTRACTOR Authorized 4 2.2 Notice of Differing Subsurface or Physical Conditions.........................................4.2.3 Physical Conditions ..................................... 4.2.1.2 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustments,,,,,,,,,,,,,,, 4.2.6 Reports and Drawings,,,,,,,,,,,,,,,, `..........,,,_,,.... 4.2.1 Subsurface and ................................................... 4.2 Subsurface Conditions at the Site4.2.1.1 Technical Data.................................................4.2.2 Supervision— CONTRACTOR's responsibility,,,_,_,,,,, 6.1 OWNER shall not supervise,,,,,,,,,,,,,, ,,,,,,,,, ,,,8.9 ENGINEER shall not supervisq.................9.2, 9.13.2 Superintendence....................................................... 6.2 Superintendent, CONTRACTOR's resident ...............6.2 Supplemental costs .......................................... 11.4.5 Supplementary Conditions -- definition of......................................................1.39 principal references to.................1,10, 1.18, 2.2, 2.7, ........................4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, ................. .11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Documentg ..........................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...............................................0.11 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 ofObligations ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6.34 Suspend Work, OWNER May .......................J3.10, 15.1 Suspension of Work and Termination-- ......................Is CONTRACTOR May Stop Work orTerminate...............................................15.5 OWNER May Suspend Work.............................15.1 OWNER May Terminate............................15.2-15.4 Taxes --Payment by CONTRACTOR, ........................ 0.15 Technical Data -- Limited Reliance by CONTRACTOR .................4.2.2 Possible Price and Times Adjustment4,,,,,,•„_....4.2.6 Reports of Differing Subsurface and Physical Conditions .......................... 4.2.3 xiv Temporary construction facilities q.1 Article or Paragraph Number Termination -- by CONTRACTOR ................ ..........15.5 by OWNER........................................8.8, 15.1-15.4 of ENGINEER'S employment...............................6.2 Suspension of Work-in general .............................15 Terms and Adjectives..............................................3.4 Tests and Inspections -- Access to the Work, by others ,,,,,,,,,,,,,,,,,,• ......... 13.2 CONTRACTOR's responsibilities ..................••. 13.5 cost of 13.4 covering Work prior to..............................13.6-13.7 Laws and Regulations (or),,,,,,,,,,,,,,,,,•...• 13.5 Notice of Defects...............................................13.1 OWNER May Stop Work .......................... ....... 13.10 OWNER's independent testing ..........................J3.4 special, required by ENGINEER, ......................... R.6 timely notice required.......................................13.4 Uncovering the Work, at ENGINEER's request................................................13.8-13.9 Times-- Adjusting...........................................................0.6 Change of Contract.............................................12 Computation of................................................17.2 Contract Times --definition of ...........................1.12 day.........................................................17.2.2 Milestones..........................................................12 Requirements-- appeals..................................................9.10, 16 clarifications, claims and disputes..................9.11, 11.2, 12 Commencement of Contract Timeg................ 2.3 Preconstruction Conference „.........................7.8 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................................6,16, 6.18, 6.30.2.4 Utility owners,,,,,,,,,,,,,,,,,, „....6,13, 6.20, 7.1-7.3, 13.2 Utilization, Partial...................1,28, 5.15, 6.30.2.4, 14.10 Value of the Work ........................„ ......................... 11.3 Values, Schedule of..............................2.6, 2.8-2.9, 14.1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Variations in Work --Minor Authorized........ 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEER....................................9.2 Waiver bf Claims --on Final Payment ......................14.15 Waiver of Rights by insured partieg..................5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR................................................0.30 Warranty of Title, CONTRACTOR's........................14.3 Work -- Accessto..........................................................13.2 byothers............................................................... 7 Changesin the.....................................................10 Continuing the..................................................0.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of. .................................................. 7.4 Cost of the.................................................11.4-11.5 definition of......................................................1.43 neglected by CONTRACTOR...........................13.14 otherWork............................................................7 OWNER May Stop Work.................................13.10 OWNER May Suspend Work...................J3.10, 15.1 Related, Work at Site....................................7.1-7.3 Starting the..................................6......................2.4 Stopping by CONTRACTOR ............................. J.5.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized, minor ........... 3.6 Work Change Directive -- claims pursuant to.............................................10.2 definition of......................................................1.44 principal references to......................3.5.3, 10.1-10.2 Written Amendment -- definition of......................................................1.45 principal references to...............1.10, 3.5, 5.10,15.12, .........................6.6.2, 6.8.2, 6.19, 10.1, 10.4, 12.1, *at'ions, 13.12.2, 14.7.2 Written Clari.fiand,.J1.2, 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 E)CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) „� (This page left blank intentionally) X°i E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) No Text