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HomeMy WebLinkAboutBID - 5931 MASON STREET HARMONY ROAD FOSSIL CREEK BIKE24326SPECIFICATIONS AND CONTRACT DOCUMENTS for Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail Bid No. 5931 City of Fort Collins PURCHASING DIVISION 215 North N Mason Street, 2nd Floor, Fort Collins August 30, 2005 — 3:00 (Our Clock) The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 12/03 Section 00100 Page 4 uncovering expo"Ilre, observation, inspection, letfro , r.phtcemant and reconstruction, and, if the parties are, unable to agree as to the amount or e,,\tenr thereof. t ix TRAt11 OR nam, make a claim therefor as provided in Articles 1 I and 12 0liNERAMI,Stop MeWork: I3 ICt. It the Work is defective, or CONTRACTOR Fails to supply sufficient skilled workers or suitable materials ar cnfaipment, or fails to furnish, or pertimn the Work, in such a way that the completed t'<-'ork will wnform to the Contract IXtm nM OWNER mac order f C)N RACTOR to stop the Wt.,Tk. or any port on thereof until the cause for such order has been elontrwted; however, this right of 0WIMip to stop the ttfork shall not give rise to fine duty on the part of OWNER to excicise this light for the henctit. of C 7V'r.R,A(-F0R. or any surety or Cher party. e.*w7vetion oi• Removal of Defeedve *ark: 13. 11 if required by FINOINI`I1 R, CON' I'RACTOR shall I>,coml-Ake. as directvct tither Correct all c'l2fucme fork, whether or not fabneated, installed of completed, or, if the \Pork has Iven reieewil by h\;CfIN ER.. remove it from the fate find replace it with Work, that is nix &fecrtve. ON,IR.ACIOR shall pay fill claams� costs losses and cianragvfi oausd by or resulting born such correction or removal €inctuity but not limited to all costs of repan or replacelate of vtork. of otherst. 13.12. Con-ection Period. 13.12 1. It within one year tan scars after the date at` Subalantial Completion or such longer period of time its may be presoiibecf by Laws or Regulatiexv cr by the tcrtns of any applicable special peeumua> required In the CAantrao Docaunenis or Its any s;xeafie provision oi' the t *,saract I)oasnents, any ti ork as found ro he -'te,*ly. i O\TR.ACI OR shall promptly, with out aavi tea tRVN R and in aaxonlanee with Ott 1 R's wnilen irl�rructimfs as etrtect such edejvaxrve Work, or, if it has lien rejected by OWN1,1k. remove it nom dx rate tuud replace it atith Work that is not ckknve, and (lid arad'acx.ar iCy collect ar remote wa f replace o-any dnuat, *e ,w rather 10. cwk or the work of others resulting theretiona it t'r]'v1 tt'lw'TtJR does not promptly eeuuply Atha Ow terms of such insiruction& or in i n arnerr7eno, .where delac would cause serious risk of Ions -or clamaue. c,tl LR nine have the sklfvcdive t4 ork ccwreued or the role,,€ed 1V"c;ek retraced and it-Placod, and all claims, 1esWs and clamagett cawkii be .'sr rastdutzg bean uth ramiovai and mpinca>mcnt inlutlnig bul not laniled to all costs of repair or replacement of work of ,others) cy-ill Ix lxr id In1('ON iR.?(' f f}R. I ' 1 _'?. In �Ivcial circunist:vtci c » here it jvarticular [arm oaf equipment is placed in continuous seFFtce bctuac Complettaa of all the klorl,- the eorre<xiotin 1wriod fur that item may start to non Gom .en earlier ant: if sec provided in the S e6 ieation, or be iis'ritwn Am endineiht. 13 C3. it,here def¢ct,re 14rork sand daan.ase to other 1 di.n t.t `.t.aAt tvigil �?uS iJltrS t'"rtrf aaeeva '� rr I Y 01F, atlatstl l NS Nit q UI A dua6 fril i 17ogm klak resulting theretiom) has been caorrected, renxaved or replaced under this paragraph 13 13, the correction period hereunder u+ith respect to such Work will he cMendcd for an addititxhxl period or tubs -year two --_ ......i after such ccurcx;iion or removal and replacement has, been satrihictordy completed, � Iveepkinve of Defnerive lI%ork: 1-3.134 IL instead of reyuuttig Ltorretdion of removal rand replacement of ctzlcclrve Work C]V'<aNMR (and, prior to FN(jrNr'EWs recommendation of final payment also I,' GI�.f h,R) prefers to accept u, C1iv.CR may d o tea. f'ONI \Cl"OR shall pay all clauns, casts. loses and &imaaes nttribuinble to <3R,NFWs evaluation of and determination to accept such defcnve Wort (such oasts to L�- aplroa cd 1:� 1 \(WNEEJ; as to rtaxnnahicncas) If any such acceptanoc occurs prior to HN6INHik's recommendation of €irrdl payment, a Change Coder will he mmwd incorporating the necessary revisions in the Contract Documerib with respect it) the Work; and f WNFR. ash ill be entitled to an appropriate decrense in the Contract Price, and- rfthe parti N are unable it) agro, Is to the amount dhereot, OWNER may make it ciafm therefor as provided in Article I . If the acceptance occurs after such recommendation, n, an appropriate amount will he paid hvf,ONIi.-1'ORto()WN3z`R. (Af NER.S4ar Cot-rect Defective Work: 1..3 14, It C N TRACTOR fails within a ru'aeonahle time after aaritten notice from I',N(;[\, f"I?R to correct dat`ective Wod, tv nr remoc e .and rep(a rc1 eta Work as requird h>s F 1t; I ti IekR to accordarree with paragraph 13 1 I , or if t OVI RAC FOk I'atls to lvdbrnt the Work in rwardance with the t`onnact Documents or of CO?v €R1C"Tt1R tails to cennplk with tam oflher Prot imon of the C'oaurfwt Lads;,,mentc, <7t-',NEl"< may,. Act' seven dayrs' written Notice to a'u,tifiR_k'"It)12, correct and rentadv ;am+ such ficirnr-. In eNelca',ing the kahts and rtm�dtws under this 1' aeie;rapla (Ak "I.R shall lvrrneed e-\pedtuously In vrormes;ncua with such carrecuve and remedial action. t3i?;Ahhmar}'eNclade€c NI'KAt`T(dI fomallot partof the sac. take 1x).*session of all or Iran al' the Work, and taaslxnd t'tr\Th ts_'TO[6 serY]CC& relined thereto, take [v3 scssann e)I t ONI RAC 1 Oli's tool, apphancsrs constmcttun equq'mtent and inaclhutctA' ,at the slut and mcorlauate in the Work fill materials and cquipmcnt ,tc,ntd at'lie site or for Miich O TQ;'k has heard `c)% a RA( IOR but which tine attxecl cltsetvdaare t'ti? I V,IT R A1,111 align (AVNI:R, t>Ib'\?1R's repro vnlaUves, a ^rnla ;and eaaployew. f rid \1,R`s <,ther cuuraU+rra and hAiil: I'Fu end FAt;f'NEHk's "'nsultants acccs, to [lie site to enable ( )WNH .R to exercto the riots and remedies urxier this n�eraph. <VIl claims coat-, Iv=ices and datnagcs trfatrr,:il or sustaimxl bo ,)'A V l in exer tisint±, such rights and reinedien avHl he chtn'ged agairxstr^C;,sTRAi'I Ott arxla CT artue Orchraeill Is- is kill moca lvltuhg the Dery rec`iaaona m the Contr.ct D'Ximiruts atdth respect to the tC,A, and 'A F' Hs shall ie entitled act an agPF1spriatc decrazase in the Coninivi .'nz;cand it *.he rwrno^s :nv un,lble to aorer as io the a:n,naua thrrc"t rrti'o:}sR may make a maim ditfm:or as lrr ruined in inhale I i Such etaims_ coasts, I'w;es a11,1 damag0 wilt includee but not be limitc,td to all cxrsts of repair or replacement of work of others destroyed cv damaged be correution, removal or replacement of r ti'<'€'RAt 'P'C?R's deteetr's'e tLcrrk. t t ,ti rRACTOie ahatl not be allowed an extension of the Contract Tines for Milestones) because of any delay to performance of the Work, attributable to the emc rase liy f?WNTA, 2 Of Off, ML ita rights aa;d remedies heretuader. ARTICLE 14-I'AY 14F US TO CONTRACTOR AND CO PI.FTIO1 Sched"Ie of 1 afnesr 141 the schedule of values estabIrshed as rrot-rded in lrsrragmph 19 will serve as the basis for prcwmess 1xiyntetts and will he incortxnuM into a form Of application far Payment aurptabde to E�titl+iF.Ia[.. Progress payments un account of t nit Price Work will be based On the number of units completed. .>Iprprpicatina fur Progrees PaV ieni. 14 < Al, least twenty days before tktz crate, established for cauh progress payment flirt not prole soften than oncc a mcaatkt;, a"Cif i'1. 1("'I'()I2 shall submit to I N' GJ'_`TER IN ieview-an Apphoation for Payment filled our and nigtect by CONTRACT(* covenrtg the Work completed as of the .Late of the !rppticahon and accompanies be such supporing d(Vealentatitga as i4 required bx the Contract i)ckunieitis if payment is rx}ucsted oil the basis of materials and equipment nor uncorlIoratei in the li'ork but delivered and Imbihh, stored at the site of .at an thei loritanI agreed to in rviQmg„ the AlItrin.auun for Payment. slxill also be acµompmried by a bill of%de,. invoice or other d(ICum€ntatIOD warranting that t %I',7:R has icomed the materrala and vquiplarcrat tree and clear of III) 1,iem auxl avideme that the mateti,:als aml equipment err coverall by apgxopriaite property insurance and tethers arrangements to protect (AVrdi,Ws interest therein, all at When avill he satritachan to ilii'\EN The amount of mumage with vcYpt:cl t. _q�u ies payments will be as stipulated in thi, greerment. Ant funds that are withheld h} the kAV,J R shill nor be xtbf�'+`I III ryl,stituttort by- the CON I R_1e'T,0R with ;eairiticw or any arraigemrnnts mwlvme an oeTotv. or custodianship, ltv executirg the aptheation for l+ayramt weal tilt t,'CJ^, l ft \(,J OR es yxe s,irmyes tw7 tight tc7 lie Krivfits of t'clonido Revised Stattnes Section ^_q 1IL'l)I, et 'eq r OA Rd l faR't t } arranth of l'irte M\l ItAC"MR wart ant; and gtturantces that title to all 1%l"ore;, materia[s and equipment ocwered by any l€,pl+caticrr la,r traymrnt, whether incorlxiraled in the lTeiect err not, will Im" to i AVNJ-,R nu later than the flma ui"trayriieni tax aril Char ofadl Liens. Review of'.Iprpliealiom forProo-essPayment iqi t.".Cil ,I-hR will. milantell Jav� order ar.eipt of each applicallan for f'armenC either mdic;ue in wrinnt, a I i Le aSt°ri 1I,t ISIJI I I I INS t9104$ tl , it-er1rISMQ a ,TI` al'r rRIC, 4J.➢AS Ri+,izrflt`Ail tA5'RI5 :701a0 recommendation of }xaymemt and present the, iifpli ition to 0W.NER- or return the Applieahon to CON TRACTOR indicating in ter itintz I "e.a3lNUR s rea,ors for refusing to recommend payinem to the latter ease, MNTRAC AC ma} make the nerk.sary corrections and resubmit the Application I en Claw after }}+aresentation of the Applicaation Par N' sent tc, ONNNEk' with ENGi1tls'Elts recommendation, the amount recommended weld (subject to the provisions Of the last sentence of paragraph 14_3) becom: due and when due will far Imid In {tSt`NER to CO TRAC'I'(')R,. 14.1. I:Nf',INPEiR's re�commenrtttion of any payment requested in art Application for Payment will constitute a representation by I ,\Gl EER to t)lkNER, €xnsed on F\1 ,GINJ+R's on -site observations of die executed tl'ork tcs an cxtw, iei><axt soul queltfied dtaiu,,ra pn>fessiorutl aml on k,\K!J4k 1 R'a review of the Apphcation tie Payment and the aacmtprnying doh and ohedulcs. that to the best of I'MA ti UR's knowledze,informat'ion and h lief 11 ? 1. the Work has progressed to the point indicated. 14,>.-. the quality of the Work Is gencrall'Y nt aceol-dance with the Contract Documents (subject to an evatuanon of ttu! Work as a htnctioni aehole. ptior to tx upon Subruntial Cnipletion, to the results of any sutr -queni tests Called for in the Contract k ocuulcnts, It) a final determination of quantities and elassitiwtiom Idr t,mt Itice k%,,rk under ryuagraph 9.l o, and t) any other qualifications mated in the 1�(,,:Ymmendation e, and 14;-1 the Condations precedent to Ck-)NTR CTOR'c heung, entitled to such potateru aptVal to have, heen tuff llvd tmofar ;cs it is I } e INEI R'sresix-tnsibilty to oberee the Work however, by a=amrmefriug am' such lxavment EN(;LRh,Is Z wfl1 not thereby be: deemed to lave eq esetrtsd that (ii Gwlx ushce cu contiaaxals t>n-sile trx,rctio", have itecna made tic, Cheek file qu,daty of the quantity of trite l4'ork be4oad the ies}TJnsibilaeics s}xcifically assigned tit lit'.<71` f l:lt in the Coalrsact Dls umem or (ii) that thee, may nod he Other matted or issuer, between the jvanwti drat might entala C(P,", I f AI"tiiR us be gxtld att.Gurnralle by t itlNFl< or entitle OlVNIA to widdtoldTxasnwrit to t'0'�I R.Af 71 R 141 IN;FeFIIR's recoarnimialron of one jTmrnent. including final pe}'ment. 4-all not mean thn htivl�f-khk is re5rVnsible li,r r'' IN-1 R Vlj( Wei mums, ni�lhodg. techniques, tequeme= iA x xedwos. of COMMIction- IT the Imtcty ptewtatams anel lucwrams krimlert t aereto_ or liar any failure of a,'( a1, I LAAC l i rR to comply with Law:; and Retaliations applicable to the famishing or fxdonnxncc of i4'crrL or lit anN I:Jlurc c.f CON I R,W fOR to pciform or 1'ulia h i4'oik to aac'tmdamv %+all die Corarai;t 1>o,�umesu3. 1.f7mar rrtiise n* reao€n preyed IN- whole or tiny part of any Payment it. m i. ea'rl`.1,1i > epiniun, ii would be incorredt to make the tepret mottoes: tic OWNER R referred to in pruaeiaph td w 1,\C INE R may also refusn to recommend any such payment, or, because of sksequently discovered evidence ur the results of subsequent inspections or tests. nullity any: such pat'nent previously reconimcm1ed, to such extent as mmv: {v ' necessan, inFNG[NFiLR's opinion to protect OlbNi[iR front loss because: I4:7 1. die Work is cle ective, or completed Work has been damaged rcquirmi; correction or replacentenL 14 T2, the Contract Price has been reduced by Written 'intendment or Clmm,e Order, 14.7T 011"ER his been rectiired to correct 'kfacfive Work, or complete Work in accordance with Irarnemph 13,14, of 1474. INC,(i UR hat; actual knowledge of the csecurrenee of any of the events enumerate,] in paragraphs 152 1 through 1524 inclusive. OWNItR max refuse to make payment of the full amount recommended by h' cil'vEI?R because, 1475 claims bravo been made against 011NHR on account of CO' TRAC Pi Wperformance or hurnsshiiV oti the Work. 14.7,6. Licns lave lean filed to connection with the Work, except where CONTRACTOR has delivered it specific Bond satisfactory to OWN'I'R to secure the ,,tatsfacixsn and disclmrgc ofsuch Lien. 14 7 7 there are other atoms entuiin2 Olh\I 'R to a sa:t- oft'Agaukn the amount recommended, or 14.7.€_ iMNER luis actual krnwlcsdse cif ihr_ octiorrenee, of tMY of the events crammfneel in p:irngraphs 14 71 through 14.7 3 or paragrap ilrrough 15 _' 4 inclusive. but OEty.hl. atust tie t'O,AURA("tl.)tL tantn=v[m1c wtaten notice 'with it ropy to Etvitil:CR't slating the masons €bi wch action and Rompik Ixta` i"O,NTk CTf )R the arnotait ua ts'ithhe ld, or any atilutstatent thereto ,agecd to In i)WNER in<I COMICAt"1'OR tOhen C'O'vTR,1t'tOR c,raecte to OW ER's viiietaciion the reasons for ouch action .Subntandal Cnuliuletias: 14 It tlhen t'+' hvr1t,\c'TOR asa,¢ixs the unir, t\nri rea,h for its intended use 0-AIRAC1Ok whnll noiifc 01.0,, 3R and is^t'[',.FFk in writinn that file entve k1ork a, .,uabs4intially estinplelc tazcept for items ,pea.ifirallg` li sled by C(A i R ACl C i,t as incomplel t find re rom thal i? r,I"I I;R v. uc it cerbfiolly of Substantial ( evnple:ion. Within a leta,onabla urnc dratcidlct. 011M-J~ , 4 Y \ 1' NAC I' )k and 1 So; I %UTfR shall make an m alxxnicnt of the Wolf, to detcrmnte the status of wmpletion if NI;F'-H,l: dog, not aaraidcr the Work sohstlnnallr cinrictc. 'lt'Vi ALLR trill notif} COON_ CRAQ , ui wr§tires =ivitm the reasons therefor li k tn'+lY.it.•'tj,l al t'tt:r. S l11=.s,Ec9u t ehno, 3iJ w, I P, Ji' FtIR I I 0 t Pv't, hkd In 1, 'Al t, lilt t3€,,im toarsiders the ` kak uuixstantialhy complete, Is` GINUER will prepare and cl. wer to ( AV4,1Z a let -dative certificate of Substantial Completion which shall fix the chile of Subsantial Completion There shall be- attached to the certificate a tentative list of items to he completed cur corrected ixfore finial avment OA" IER shall have seven days after receip[ et �e tentative certificate during which to nial:e written ol)jiseucm to E`OINEER as to any provisions of the certificate or attached list. If, alter eons.kring such ubjmiiotts. ENGINEER concludes that the Work is not substantially tompletu, I N()NII;R will within fcwrteen days after submission of the commove oortitiate to O\VV. ,.R notify CO'si T RAC TOR. in writing. statiry; the reasons therefor. If, after considenatirm of OWNFIRs objections. f NGINWER considers the Work substantially complete, will within said kitute�qt days execute and deliver to OWNER and CON 1'RAt'VOR a definitive ceniftcate of Substamiai Cenipletievi (with a revised teniuitive list of items to be completed or collected) reflector+ such changes from the ent etnCicatc e cer[ias EtiUP l F ixlivves justified after constderntinn of nm- objections from 011'ftilil . Al the time of deliver} of the U:mtalive certificate of Substantial r'omplenrnt Fvtil.vHER will ck-liver to O%VNFR and COV"f RACFOR a written recommendation as to division oaf rtslx=ttsihihfics pending finat payment between ( Ale NI R and C'ON'FRA...TOR tvith respect to security, opettaton sifaty, maintenance, heat, utilities, insurance and %iuiarlies grid gtniranrees, ltnluvs OWNWR and COS [ RAC] OR auir u otherwtse in willing and co, inform Etirt;l'sEfiR in writillg prior to 1?;kt[I:vf tat':: issadng the definitive certificate of SLA)Stanha Completion, I?VII F,-FR's ator,^;auI recommendation will ts, hinding on OWNER and CON FRACI OR until final fxlynnent. 149 t tl ,'FR shall have the right to exclude CON I RACI OR Croat the ll-ork after tiro elate of Sutnt unitd Completion hat OWNER shall allow C ON I KAk'"Pt * reascmablc tUCCe t tax complete or canrrcct amens on ilia teaIIauva list. Partiat Utikwtien : I4.I() I'sc I)% OW!\ItfR at OLNFR's option of ate sul,stfoloalb; Coillpleted part of the Worl , which- fi) has Tend .able been identified in the C'ontiact lltuxmtents or fjt}ttit`j.j,, 1:.NtIfNISbR trial t'Uti'hK.k'"fOlt agree conw'auies a selviodolt ttmcuori ne and amble part of the Work that can he used lit 01l'.4l:iR for its intended pLrFjV'•e Without sigrtiGcont intet'foretce tvth IKV(,rl( c`s performance of the rum urdai of the ma} he accvmphshc'd pilot t a Substatttlal omploiont of all the A4ir[.- suhjeci to the folklwing 14 1 (). L C)M NEk at tine time nraly° requtsl (I �.41 R;:a`... f r tR in wrnau. to perm tt OWNER NER to u.;c ally such Tito of the %€ork which GN">.1 R. helieves to be ready fur its intended ucr and substnntiall}- eomptcc. 1t :.JVTR.IC lit iR adrr:c i that;AlCh b'nrt of tin, 1Gtxk is cutxiti4islle c;.imi�{vic, s (>i ('#crAC`1-C)St Bill certbty to OVA Nli s and I `G[ .Ffi'k drat ;udi lxirt oPlie 1\',ork is sullstantrtli, omplete and rk njtw i F..t;l',hER to isiue a ccrt&a1e of Suklsmtill t'.tmplett"in f«r 4mt }xtrt of the Aork Ct t' T1RINCTOR at any tune may turtify OWN1 R and F Ciltilif R in writing that f OR1 RACT OR. Considers any such part of the Work ready for its intended use and substtmrially csmhpete and requesi ONCITNEER to issue a certificate of Sul'.4antial Completion for that part of the Work- Within a reasonable time after either such ucluvit, OWNER, rvO'rl ACTOR and RNGPiEER shall make an insreeticm of that phut of the Work to determine its status of cnnpletiun If L.NUR EER sloes not consider that part of the Work to he substantially complete, 1i'MITNE R will notifv ()W,\I, a and CONTRACTOR in writing giving the reasons therefor_ [C R.ht ih�F1'i`R extsiders that lion of the tVork to be substantially complete. the }trovisiom of paragraphs 14 S and 14« will Apph with respect To certification of Substantial Completion of that part of the Wolf, and tlu. division of icsponsibility in hc,peco thereof and acecss thereto- 1 a ti i. a %o oocup vlq or separategierattco of part of the Ulork will be accomplished prior to compliance with the requirements of ihaaratr:rph i 115 in respect of property, Immrance. Final In I)eenronf 14 11 l .pon written nonce from CON TRAC I -OR that the entire W oik or ;in agreed portion iheicof is complew, 1 NGINIA R will shake a final insfection with li'slxl2 and CON 11kAC IOR and will notify co'N-mAc Iolz in writing of all lxarticrdam in which this inspection reseals that the tVcxk is incomplete m tifective CO TRACT OR. shall imniediateh Lteke such meaetres as are nc cvcirt to Complete such work or remedy such doficiencics. rural, I pv11cation for Payment 14 12_ After t'rh TRAC O R has completed all such cy)necthtns io the ssatislitcttun of € NOIN1,K R and delivered rn ac=cordar�c with the Contract rxvumem. :ill mamteatauee and gVii1 t nnictivxu, hvYttlh_:, guarantees. Iloxxls. certificatcnc or other evidence of trrdmance required by parographs4. cei'nflc;de,, of inspection, marked -tip record documents (as provided in paragraphGlpj and Act documents, o` fltlCTC7R may make application €.r Fiat pay'tnest following fame pnmcedura 6x fsr'os;.resspx}ments_ The Iind AplAcaticxh fi+. Payment .}tall lie acccmlXJnie<t (except ails previixish delieeredt b.. iitall documentation called for in the e'o naract l�ocunteratx. nicludiri hilt not limited io the evidence of inttirurice rctluircd by sufyxirac*r aph ? 4 13. !al Unsem of the Aueta, it any, to final IuvmshL aixd lmi conhp3a� and latt;tlj} oftective tcdeases or wcr lire+ ;«stisi;ictory tot ,4t �£`si j of lilt Liens arising, exa of ur filet m oomici.tum with the kWrk In lieu of nijeh releases or waiver, of I memo and tls approved by i cANEIR. C( rA I RrW f M srav furnish rec.^rpts or releases in full and xf iitkavit tit i'i I-vTR,vl off that f li the re[cawe and letctptx tMlu(fe all latxx, wrvices, material and cgatpnlcut for which a Lien could be Fled, and iiij all pavrolfs. manorial and equiluuent bills, and <)lher indebtedness rs,innecwe i a ah t i, Work for which t Ak .0;i2 or t tlV'.l la's Ir 0periy in ight in rm} u r, N.- t tsponstl,k iha} e Irecn bald r ot,enmise Kahsfied lfany iuhcomraeuu or Supplier fill, kl D8"Nl ,j;F,ll,, 1INllIH V,OR,s(7'%`itt`e449t: u t11Y air t' sit l ,"(91.C:b VA)14121 CA 11uh5+HIV t lihol to tnMIS11 such a release or receipt in full, CON 1`R.ACTOR may fijmi:la a Hood or other ttrllateral satisfactory to (ANNE'R to in(temnify 0A'NE.R against any Lle`n �Rcleases a w:uv�.rs of hens and the czm�nt ))C the,_surctt to finalttc p€epmcnt ue to ix subnvttc�l an fitnns ccm.tomtin+;,.th the Cornrat col th4 C)t4s.f 121 ;,tandard fern,, N)urxl at the: Project vallnual. Final Palwmient mrdAcceptance, 14 13. If on the hitsis of Ii`SOFNFfiR's (Avkrvaticm of the Work daring construction and final inspection, and 1.NGIW,PR's review of the final Application for Payment laid aocompainying documentation as required by the ContractDocuments, S:`1Ctl; EVER is ratistied. that the Work, has been completed and (N)NTRA(JOR's other obligunohs under the 0nttmei D"unieids have fxcn ftilEillod Ia6JM, l L R will_ within tan days ;aRcr receipt of the Final Application for Paydi ment, indicate in writingc+nmmetutation eof jm< ,mend Ana present the Application to taWNER. Cor pa),ment. At Ili, same time f W M P"W will also give written notice to O<- N 12 attcl CON-1 RAt"fOR that the Work is acceptable subject To the prcwisions of parigraph 14 1 i Otherwise, I,N61:,,f IIR will return the Application to CoN'TRACTOR, indicaiiiig in writing the reaxms for relusmt to recommend tinal paymcrit, in which casa. i 7iN i'CR \CTOR shall make the neue> iavv crmlcUoris arnl resubmitThe Application. Thine daysaftct prer,.entallonuo (Al,\b:R of [lie Application and acconpmnying douumemation in appropriate farm and atihstm'ce and with l svrlA"L: Wr reenmmerxlation and nonce of cc,:Rxanduy+. the amount recommended tot' I-NGC TER. will beuotnc due and will K, paid hyv ()t mo< to CONTPACTOR sgiNcct it)_.Ixuligiaph76_2 ol_ hes4 +`sei)slul Condnpons 14 €4 If tluotigh no fault of t"(RvIRACTOK final Ccanplelion of the 1,\oak is signdicantly delaved and if h,N(i f F.F tt w eonfur , Obt vgcR shall, ufvn receipt of CCm'ti 1 RX I Olt.. final A pplmllikl) for P"iyawtil avid re.ammentanion of f I vTER. and without terminating the Agreement, make payment 0 the txifawt (file for that fxition oftthe'Woak fuUv ccenpletedandaucepieti If the reroarrung, Blanca to beheld hN C1WN:ER for Work not fully: ccmpteed or tcrrec:tul Is tet3 than the rdainage stipulated in the %gleemelr_ and it i.1 i)jiis have Iven furnished as required in i an f itph 5.L the %inuen consent of the surety to the pa}intent of the balance due for that Iwttion of die 4l'olk tally anti acrVptecl shall Im- sulvnnted he Co\ IR WI OR to I;'tiC:['`PGIR wah the ,Appltcitien for suds faty nreu° :ouch fle silent ){brill be made under the terms and i"uiclitionS ;,,benlihi, final Tom men( cxc;ep4 that it shall nrt omstitute a "vxites of claim Mimrr rrfCTaims_ 1.1 151'he staking and awepiancc of lirnd payment will o,nxtitute 1 d.0 l a waiver of Al .Iambs iv Gmainm r`)NI K.VIOR. except Claims arising, from unsettled Liar : from :1eJecnre 'A ork 1I wrong alder flrral w peOirnt pursuant to prinVrnph 14 I1_ from failure to comply with the Contract Docurnenus or the feints of arw special gmnrantees specified diorehn or front C ()NTP2` C`.T0Ws containing obligations under die C;ontrael Aocrmncnc', and 14.15 2-A waiver of all claims by t t ti I`LA T(A agaunst OWNER other than thaw ju iously nude in writing, and still unsettled. ARTICLE 15-SUSPk iNMON OF NNORK AM) rW'XLn.V vSu.yxndwork: t5 L At any time and without cause. OWNER may suspend the ]Work of any portion thereof for a pernkl of tita more than runety days by notice in writing to CON1'RAC'IOR and I M1 I N which will fix the date on which Work will he resumed CON MAC I'Ok shall resume the. Worlx on the data son fixed COV tRX I'OR shall lie allowed an adjustment in the Contract IYr ee or an extension of the Contract Timcr` or bode, directly attributable to any sYeh wi enstcn if CON I'RAI'fOR makes :n al-q)roml dean therefor as provided in AtIrcles I I and 12, 014,NE'R ,1ky, }'erminrve- ft." I*pots the occunonca of arn- one or more of tine bellowing events 15'1 rt't'n TRr1�"C(')R p xs ruitly 1a71s to I ri ono the 1kork in acuorclaice with the Contact Do, uments (inchrding, but not Gotited to, failure to sftpply sufficient skillet] worsens or suitable materials or equipment or failure t.°r adhere to the lriewcar schedule estabhsh,,J utukr parnrapli. 2.9 as adustecf from time to €inie pursuarn to paragraph 6.6). 15-_... it' C)NTRAC"'OR disroganis dates err Regntlattorxs oi'any p B>bc bod\ hat arnv.turmiievon; Is Z_3 it CO 'k V-1'OR disiegank the authority of IsV;T\Fklk: or I52 ± 11 Co31`I11i.it'1't R odurwtse via te: in amv ubst.intial war any provisions of the Contract Doi urnants. c AVN R nay. aiiu giving r'( I RA(...]'OR (.end the surety_ if any i seven dais` wnttv'nt notice and to the extent permiaLa ed by ws and Regulations. terminate the cemiccM. ail Ce )\ iRr1( 0R, cati h¢k• U( i', I RACI ( Yk from the site and take possession of the ltork and of all Ci )ti IRACI OR's took. appliances. eoiiiu oon extnipmetnt and machinery ,it the silt and kiw the carnet to the €uli extent flag could be used by t"r'r lR.lc'TC)IZ r tnnout liability° it, r +1s,"l f2 AC'3OI{ tic trossaas or comeisior", ineogxrratc in di. WlA aII aratmals and aluapnient stored at the .ate or for which f rR'+.=Ff< has paiei kJt'!h HLlRH.:1t Y�v1 Yt 11'$N, 1aI H-Sit`r`rt tditi.�iU 3- �r471Y"e113-e)Rii'<31.1,1ti;3tuDil is 4CIR>`, tltli i'an� C()-NTkACTOR hot wltch are .cored elsewivre, arud finish the Rork asOWNHN may dent expc,liem Insuch case (''t )'NTRAC OR ;hall not bL entitled to receive any further payment until the Work is finished_ If the unpaid balance of the Contract Price cxcecds- all claims. costs, losses and damages sustained by OWNER arising out of or recultirg from counplaing the'*Went: such excess will bt IaidfaCQN7T&\( 0R Ifisuchclaims,cu41s,3,cnsesair.I damages exceed such unpaid balance. Cr3M RACTO R stall pay the diderence to O N1 k. Such claims, costs, los',ew and damages incurred he OWNER will be reviewed by ENGINEER as to their and when so apprm-el l } I-,N i1N EF R incorporated in Ch Tingme Order, provtdett ttt when exercisir� any riouti or reedies under this paragraph OWNER ER shall not he required to obtain the lowest price for the Work performed 1>3. Where (:ONTRACfOR's services have been son tennirated by (Aii-N N. the termination will not affect any rig-,hts or remedies of C)R'a1.R azurist CONI1 lt'TC)R then existing or which mar thereafter =01110 Any retention or paynnent nt moneys due (-rn1:I R,VA R by C7t\Nk will not rr:le sc C O 1 RACTOR fart Itahility 1.5 Klein seven days written nolliee to CONCR1t"FC)k. and FNGI; 44K (AkA IZ without cause and without prejudice to any other nglt or remedy of t AVNER, elect to let al the .kQj ee Beat hi such reset ('O'y'M-yC'MR shall he maid (without dupl nxitnon of anv items): I' 4 1. For completed and acceptable ]Work exectacd in accordance with the Contract Docutacnts prior to the etpective cute of termination. including for and teosclWhIc sums Far ovelli0ial and profit on such tl ork. 1 5,4 2. for expenss s j. tla red prior to the Aective (late of termuvttlon in I rronninu carte", and ftuneilmrg Iahor, lllnraialc or equipment as recloned by the Comrad Ilca:umeattc in ccnneetiun +with urn: 111*1ed 14 oak plus kof nano ren,unak Ie sums for of exhcad coil profit on:atcln eNI1:nsesj 1�43 tier Al claims costs foswe and efamai,es nRrO"ed in settlement of termittatet7 coot ;revs nrilh Suinamtractors, Suppliers and others. and 1' 4 4 for rea%onable c q)vnses c r+°oily a u'ihutnble to ferminalion. RAC P)R shall not be paid on aeonimt o01, his; of anticipated profita Of retEnue 'a other ecenOnuc loss tnrwinu, out of orrrstilunta prom such temlinatuon Cps`VY R,1C'TOR ilurStap f3'brk or erininate' I5 It: ihnntsh no ao€ or fault of ' X) . I k C I Ok, the l'a'erl, is .nspenth-d fora period of more nacre ninety days by 0t4 \ER or under an order of �eurt o i otix.r public auih inn rn I-?r, d sLCf2 fails to act on ono +gnpfi"autvi for F anent oithin thirty days after it i subniivcd ar i 'A M.,k fails for dart, dot's to rvn, C(A f I. w I t )R :um wm finally, determined to be due, then Ci INTRkM OR Max, upon woven days' written viouce to OkL°'str.R and E NCTIMER, and provided CANER or G: GINE:ER du not remedy such 'iuspertsion or failure: within that ume- lentilmW the Aueement and recover front t)Ll^.s'FR. pitynnent on the same terms as provided in I-atagraph 15 n In hest of terminating the Agreement and without prejudice to any other rngla of remedy, at ENGINEER haws filled to act on an Application for Payment within thirty days alter it rs submitted. or OWNER has failed far tlwtt demi to pay CONTRACTOR any sum finally detenaineJ Li Ix clue. C ONTR,%CTOR may upon seven clays' written notice to ( NER and I-AUINFER stop the Work until privirient of d1 such amounts due (r)IvMAC;IOR, including Interest thereon 7'he provisions of this paragraph 155 are not intended to preclude CONMAC" OR from making claim under tinkles I I and 12 fcrr an increotk in Contract Pric or Contract drones or othensi.w ter expenses or damage directly attributable it,, CON[ k.,kcr ?R's stopping boron: as pernnned Ivy- this paragraph. .100,1C71.E 1b—DIs1'U'I lic-mm' `I MS 1f and to the extent dint OIIVNIIR and ('ON RAC)ON have agreed on the method and procedure cedure for resoh Ang dn-ijurters, between them that may aliscoutlet this kgrecirtent, such disfnutc tcsolutiou mode=d and procedurc, of am, shill Inc as set forth in Exh ha CrC. " 1)tsptae Resolution Agreement", to lee attached hereto and made a ly n hlruOf If no such agreement on the me$xod and procedure fur rcuolvmg such disputes has been reached, and sub)ect tea the lrroaisions of lrtrtzr,lphs,tn.W, ).11 rand E?, (A\7'ER and CONVIRkCTOR inav exercise such I Ielhtsur rrmetlic%:ns either mrtg oihev�vrsc havv under the +'ontrast Document, or by Laws or Regulations to resix,xl <,t lay dispute.. i1 TT LE 17--MISICr'LI.ANEOI S (riving ticket. 171 tk'henever any, ptomwn at the Contntci )". wumenis requires the giving o f w riven notice it will be cfezimad tvltave becri validly given if dclrverell An pr�r�n u; the individt,al cur tea member of doe firm, or to an officer Ill the voworauoo Gar when it Is intended. Cl 11 dehreaea at or ^urn he n-;tntervj or certified mail, 1,wtage pi -:paid, I,l. thv last business address known to the giver of the notice. 17.1 t'arrpntation ofTinic 17 ' 1. PI hen arm ported of time Is referred to in the Contrao 1by days, It trill IV c,mnput®d to escluds lh, first and include the last :kn of such lxriud :f the fast flay of any' Stleh perlexl lulls on a ,Sautrdav or (Sunday nt On it dsnv mrvle a loyal holl,lik. b% the fan% of the a1likablc iurrtthction, such da} kill Ile omitted fr=.>m the eamputatlon. I `.F,K ll tl+IN )IlIc.An f tie$ rI rn f dilmt, n (11) t,1 r.1i21 0It.I1%.SAIt 1411 \T it ab+ki.% i iI'll tl 17 2' A ealeraPar day off twenty-four hours measured from midnight to the next midnight will constitute it dav, Natiee of ('faint_ 17,1, hoed O NNER or CY NTRACTOR suflet uyug or damage to person or property because of any error, omission a net of the other party or of any of the other pnrty's employces or agents or fathers 1'or whose acts the other party is legally, liable, claim will be mask in writing to the amher parry within it renu+mable rime of the first observance (If such injury, or damage. the provisions of this paragraph 17 3 !;half not be construed as It sulrtiuita Par or it waiver of the provisions of any iR.liemble statute of 11111Mtitws or r epase.Crnrratabve /2rznerlres. 17. {. the duties and obligations imposed by these (icneml Conditions and the rights and remedies arailalnle. beraunder to the Ixuties hereto, and, in particular but Without limitation, the warn lines. 6min-antees and okfigatiom imposed upon Ct)NTRACI(R by paragraphco.12, li Ili, 6.3u) 6,31, F 32, 13 I, l i 1_', 13-14, 14 3 and E1S.2 and all of the rinhts ,And remedies muloble to O'V.`, hFR. and f:'iGINFER thereunder_ are in addition un- and are, not to he construed in any way as a tilininn nn of any rights and rernedics available to nity ar ail of them which arc othelttise imposed or available 11%Lt'lus or hctiuiations by special wva tnty or guan.urtee or by other provisions of the Contract Doctmnenrs, and the praeirions of this paragraph wvifl be as et%ctnv as if reputed slV olleidh= In the ('artttaut Dome one; to ca'mtttxstion With each pinieularduty. oNtgationright and remeclvtowhich they amply. frpfexsinnnf f oes and Cmart C mil; included. 17� whenever rcfelenvc, is made to olann:, costs, kAsen'fill[ damages' . it shall n)dude rn o'nch ,ta�.e, bill not be limited to. all feQs and cl><irpc's of ol, ulcz s, +sack to s, nUormyti and other riollL'ssionals and all court our arbtir.1hun of other d ispcete row lul Ion e xta. 17 ", 'the lag s of the, Static of Colorado ,tlyvlc_tc, thm %iii-ceintmi Reference to two fxXunentt`c lom du staiu rs are as r?ll.zws. 17fv1Colorado Eceiiwd Statute, pWuS R-1.7•R)Il require trial ,.{,olorxk) labor be enij*Ned to Ix,,Iloml the bore ton the eeteni of ixX less than s, 1 nacent is it bona tide resider -A at the Sarre of r'utorado ul the time of emplcyment, without discrimination is to mice, 1? If it chant as t"tled d7t ShR r naµnrcyl tg law 1`r kS 3S-?6-I(0) to wuhhohl from Of tvivments to t'i }"sl 1ZAC'� t 1R sufficient_ fundsto iluun _ the p,nnv^nt of all claim for lahtir- rmatrn,ds wam. hire, smlcnuoc ,.Irroisitins.,txtovevld r, or other supplier, used ,a _Cornvmnei 1w CiP.IICCI ?R or his S�i I�<J� , h+.Lli:S,t � a1g 11��i�+ti1 a .�90 V�ilin;eu w� t i I i � �I }.<82_t i U1,I,1 n9 Ott dA I it �.i i €� 1� ti rR C l f '.?ao � Cf his page leli blank intionlionally j h3r'I,( (ANjp KA1 , I, NIA II,'Ns 19 104� � I 910 UdrtI'lk, 3S 36 W II l I,Nii(U1,141iI, 4 JIFI, A I I, PNS I M I EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTI(IN :OGRE l MLINT OWNER and CONTRA(.1 R hereto at-zrce that Anicle 16 of the General Conditions of €he'C onstruction contract between OR \IiR find € OV'I kACTOR is amended to include the tollot+ing agreement of the parties lb.l. All claims, dismtes and other matters to question between Ot4Nhiks aril C(A hReAG t{iR nrisaAL out of or relating to The Co,Iiund I Ir unaems or the brua:h therwf (except for claims which have been waived by tic making or acceptance of final payment as provided by paragraph id 1>) will I,c decided by arbitration in accordance with the r tnstrucuon 1nduun Arbitration Rules of the American Arbitration A.v4Imation then obtaining, subject to era Imutattons tit din Article 16. 7•111s agreement so to arbitrate and :any other agreement or convent to arbinate entered into in accordance hertnvith was prnmicd in this Aritcle If, will he spretiic,alh- en€oreeable undlei tile preyailinglac of anycounthit vIngjmistlieion 6, No demand for ntharation ofanv Ann, dispute to other matter the is required r,a he id.texred to I N+;1 E1R nutialh, for Iect5Aoa in ncCnrdan,.c with [tarsgraph 9,11 will be made until the cialm crf(a), the ]tare on wlvr:h I= o,1At,l'.P hat, rendered a written decision or (b) the thats Best day after file patties have prexnted their evidence to I NOINITR it a written demion has not lien rendered bw hVtli vFEK heir ]vat date 'tie demand for orhivatian of am',' such claim- t6pua• or other river will he made later Than )pert) d,rr, after the date on which i \t=I f F-R his:; rcnje edi it ,tritt rI dtetslon in respect thereof in it onlance v flh paragraph 9 i I. and the failure to olemand mbitration withn said thirty divs period will result aa- lNc,INFE,R's dK,95ru¢ being, final aInd tintdirfj� utxrn t>4l\i k and t'Cr'•.I I<.At'"f<sh. It Ita.cA'slslsit renders a decision after arbitration procaed'ungs tusve been Initiated- such decision mad he esrtercrcl •rc ran idemebut will not sulxusede the aruitrzin(in rnocxe lmg.i, exokpt where tlw dec uaon is Arco e~Itable to. '.bc r,lltre3 :Orn orneil. No demand Ibr arbitration cif tang' srnmi decision of F)GFdGp4R heodere,l fin a.e-udaaax• d lh p.uegraph x' It) Nall he urade Iaier than ten days ader tttr Paine ran a€.n=''. such dcnland has dehvercl wtittiat notice del intention it, allxal as Plot LOW Ili paragraph 9 1 it jo,f %otr.:e r,ftbe umand for whillinwiI All be tilde in wriunu if ith the other p€im to the )%grc,� mcA t and -,rit}n the.Antu.nan �`ubur ttro,n :isxh;iaAitair. ant! a cop} will lx, xent to f:Nt iNM7 R fox informirion I'"hz dem.vnd for an'Muhon riill be made within tic: durty-day ,.A tiaf-dm poriod alx.crhad in 7wrn r,il+h l i, n as applictabl and in ail dither rases nutlun a reou n able linae after the claim. dispute or other matter in qu I;rion hail atrt,ah arxt m no event chat tiny such durn2tnd be made alter the dale what institution eel legalOF cciLit able proceedings b:r,dl to su:h claim, dispute or ,,her matter in du trait weuid be tarred he the appliaabe statue. of tun ivaucm,. t tr7x°,rbral RV r tvt)j t�'ASLH10-g n•ua SJium1 sa r'l it OF A OR r �%d LI"S 1l tart I(' I lH 'vS 1 REV �9:4s5 1 it 4. Except as provided in paragraph 16 s h<:Icsw, no arbitration arising out of or relating to the Contract Documents shall include by consolidation. joindder or fit anw• other manner any other pea on or entity (inciudin ENCYINEIR. I xGl\rliF R's Consultant and the officers, directom agents, amplowes or octimiltants ofam, tit- them) who is net a parts to this contract unless, I6A.1, the inclusion of such other person or entity is necessary it compete relief is to he alforded among theirs who are already partics; to the arbitration, and lea 4 2. such otter arson or emit as sta cuhnbaliv involved in ss queation of law or f xt which is cottnnwt to thow who are already parties to the, arbarntion and which will arise in such prneeedinn�s, and 16 4 3_ the written consent of the othcr person or entity sought to be included find Of OWNER and CONTIRAC I OR has been obtained for such Inclusion, which consent shall male specific refeze-nx to this paragraph; but no such consent shall constitute consent It) arbitration of any digtutc not specifically &-yorihed Ili Huh consent or to arbitration with any pzarlw not sf~ m tically identified In such co nstalt ](IS �'exwithctanding paragraph 1orl, if a claim_ dispute or other matter in question between OWNER and (16' ,s r]R.AC'rOR involves the ',York of a Subconji'actor> clthet OWNER of (7ONTKAt-I0rY' may join SIliIt Sulxontrncior a s n pang to the arbitration between CAR ?I F R and t ON MAC I OR hereunder CON I R M'I OR shall tnoiude in all ,olxontnacis required by puatiraph ti I I it specific provrsaon wherehv the Subcotntrac4or consents to Bing Joined fit an arbitration betweear OWNER and ('C)ts'TRACTCIR involvhtu the Wotk of such `Iulxontrsatiii Nothing, in des paragraph It) y nor in the provision of such subcontract contesting to joinder shall create anv clam), nght en cause of action in Itavor eel' Sulkonlroctoi and againot t)liNFR, 1 NGINTER. or I:i*tf1 t \ [ LR's t'onsu itants than) teas not atbetw ise exist l61" The award rendered by thv .arhannor:e will be final, Iudgment may be entered apron it ill anv court havurz ituitxhctron thereof, and It ntdl not tie subiee't to modific.daon or appeal Ira, i OWN'F.R and CON -I R \C'I'()R ,islee that thev shall first submit any acid all urtise ticd claims cotuatei <,j;aisns, disputes and other matters fit question helw en them arising out of or rrlatinr to the Contract Dc Unit t a the breach thctcvf t"]rspulc,'}, to nhedlillwn hit' she Arucl- can Arbitration Wi ociatiovt under the C'onsnuction htdusir} Mediation Rules of the dunarican. arbitration ,1,vaxiflhon prior to either of them initiating against the other a ti maid for arbitration pursuant to tfarnyaphs. It)I throat+ It, ( unless delay in miaating, arbitration uoutd arrev o>Labh tetadicc erne of tie lxrrii, . The thirty and ten .lag time Imin, tvitltm which to Ili,- a demand ter arbitration as provided in L+ratraphs Id._ and foi.-t Awe shall be sus,j.xrxlczl )fifth ttx)-n:ct to a di5itxite wtmhitted to mediniiorf within thou, time :applicable time lentils surd shall remain su si clide'd until ten day, alter the tenniniman of the mediation. "I he me hator anv dilute submitted to mediation under this Aprcmnent shall not. xrvr. as ar €,ivataar 'It •,uah dt>lm tee unl r„ other to isc Agreed. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of SUMS. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.�. 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 12/03 Section 00100 Page 5 FJ('[X'0KN,FAAA, ('4 �N DI f I (AS' 1910 S¢ 1990 FN1jm� %,, ATY,A� 9 1 o SE 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: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: Geotechnical Engineering Study by Kumar & Associates, Inc., Prepared September 11, 2003 Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: 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: 7/96 Section 00800 Page 1 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). 7/96 Section 00800 Page 2 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment 9/99 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST TOTAL APPROVED CHANGE ORDER TOTAL PENDING CHANGE ORDER TOTAL THIS CHANGE ORDER TOTAL a OF THIS CHANGE ORDER TOTAL C.O.a OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST (Assuming all change orders approved ACCEPTED BY: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 CC,. City Clerk Contractor Project File Architect Engineer Purchasing $ .00 0.00 0.00 0.00 $ 0.00 DATE: DATE: DATE: DATE: DATE: 9/99 Section 00950 Page 1 Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: BY Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. 9/997/96 Section 00960 Page 1 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 MOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 2 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 KOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 3 STORED MATERIALS SUMMARY On Hand Received Installed Item Invoice Previous This This Number Number Description Application Period Period PAGE 4 OF 4 On Hand This Application $0.00 $0.00 $0.00 $0.00 WOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 7/96 Section 00960 Page 4 the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 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 12/03 Section 00100 Page 6 Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts. RQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHWA-1273 Electronic version -- March 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Page I. General.........................................................1 It. Nondiscrimination.......................I....................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 VIII. Safety: Accident Prevention...............................7 IX. False Statements Concerning Highway Projects. ..7 X. Implementation of Clean Air Act and Federal Water Pollution Control Act................................8 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 contrac- tor 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 subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: July 21, 1999 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. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et sea.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contract- or's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. 2 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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 contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees 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 bargaining 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 contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agree- ment providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such imple- mentation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimi- nation. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. July 21, 1999 d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such com- plaints, and will take appropriate corrective action within a reason- able time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., appren- ticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coopera- tion 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 quality for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, 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 3 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by autho- rized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project, (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportuni- ties for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on -the - job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agree- ment or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establish- ments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated July 21, 1999 facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities' means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provi- sions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or Incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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 additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL. Administrator of the Wage and Hour Division, Employment Stan- dards Administration, Washington, D,C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appro- priate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, 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. July 21, 1999 b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secre- tary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and Individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman - level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any appren- tice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (ex- pressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the 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 5 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employ- ment and Training Administration. (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not regis- tered and participating in a training plan approved by the Employ- ment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classifica- tion of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Adminis- tration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved defini- tion, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually per- formed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal - aid highway construction programs are not subject to the require- ments of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcon- tractor the full amount of wages required by the contract. In the July 21, 1999 event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed 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.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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(bx2XB) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appala- chian contracts, the payroll records shall contain a notation indicat- ing whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029- 005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcon- tractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the follow- ing: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination Incorporated into the contract. e. The weekly submission of a properly executed certifica- tion set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. July 21, 1999 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 representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing 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. 7 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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 engineer- ing services) as the SHA contracting officer determines is neces- sary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. Vill. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construc- tion safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepre- sentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: July 21, 1999 "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false represen- tation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre- sentation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 21, 1916, (39 Stat. 355), as amended and supple- mented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such require- ments. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION tions: REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Instructions for Certification - Primary Covered Transac- (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disquali- fy such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immedi- ate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary partici- pant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspend- ed," "ineligible," "lower tier covered transaction," 'participant," ,.person,"'primary covered transaction,"'principal,"'proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules imple- menting Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certifi- cation Regarding Debarment, Suspension, Ineligibility and Volun- tary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocure- menl portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration, 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 July 21, 1999 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 knowing- ly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this applica- tion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. C. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS that its certification was erroneous by reason of changed circum- stances. d. The terms "covered transaction," "debarred," "suspend- ed," "ineligible," "primary covered transaction," "participant," "person," "principal," 'proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submit- ting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. I. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocure- ment List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowl edge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowing- ly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospec- tive participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING July 21, 1999 (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 influenc- ing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Con- gress, 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 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 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. 12/03 Section 00100 Page 7 July21, 1999 10 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS COLORADO DEPARTMENT OF TRANSPORTATION CONTRACTORS PERFORMANCE CAPABILITY STATEMENT Project# 1. List names of partnerships or joint ventures r] none 2. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalification statement submitted to CDOT. (Attach additional sheets if necessary.) a. Key personnel changes p none b. Key equipment changes o none c. Fiscal capability changes (legal actions, etc.) 0 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 Title CDOT Form #605 1/92 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: 1. Contractor hereby irrevocably assigns to CDOT any and all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the particular project, goods or services purchased or acquired by CDOT pursuant to this contract. 2. Contractor hereby expressly agrees: a. That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's behalf an antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) CDOT that such civil action is pending and of the date on which, in accordance with subparagraph a. (1) above, Contractor notified such third party that the antitrust claim had been assigned to CDOT; b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and c. Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on Contractor's behalf by any third party and which claim has been assigned to CDOT hereunder. 3. Further, Contractor agrees that in the event it hires one or more subcontractors to perform any of its duties under the contract, Contractor shall require that each such subcontractor: a. Irrevocably assign to CDOT (as a third party beneficiary) any and all claims that such subcontractor may have or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connec- tion with any goods or services provided by the subcontractor in carrying out the subcontractor's obliga- tions to Contractor; b. Upon becoming aware that a third party has commenced a civil action on the subcontractor's behalf asserting an antitrust claim which has been assigned to CDOT hereunder, shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) Contractor and CDOT that such civil action is pending and of the date on which, in accordance with subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had been assigned to CDOT; c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and d. Promptly pay over to CDOT its proper share of any payment under an antitrust claim brought on the subcontractor's behalf by any third party and which claim has been assigned or dedicated to CDOT pursuant hereto. I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of antitrust claims. or company name or company name. (If joint venture.) Title Date Title CDOT Form #621 12191 COLORADO DEPARTMENT OF TRANSPORTATION Project No.: CERTIFICATE OF PROPOSED UNDERUTILIZED DBE (UDBE) Project Code (SA#): PARTICIPATION Location: Form M. of Prime Contractor— Send completed/signed form to the Business Programs Office (instructions on second page). (NOTE: See 49 CFR part 26.55, and the "DBE - Definitions and Requirements" in the Standard Special Provisions, for further information concerning counting DBE participation of subcontractors, suppliers and service providers toward the project's UDBE goal.) PART 1 a — SUBCONTRACT ELIGIBLE UDBE SUBCONTRACTDATE NAME OF UDBE FIRM TIER CERTIFICATION # EXPIRATION AMOUNT ACTUAL CONTRACT AMOUNT 1 1 ITEMS OF WORK SUBCONTRACTED: PART 1b - SUPPLY CONTRACT If the supplier is a UDBE "Manufacturer' of the item(s): • ACTUAL UDBE AMOUNT = Entire expenditure for materials and supplies including cost of 40y, dellvory-'Orvl � 006vided by the firm • 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 suPpllestl!410costof any delivery services provided by the firm • ELIGIBLE UDBE SUPPLY AMOUNT = I (ACTUAL UDBE AMOUNT if 6090, r a If the supplier is neither a "Manufacturer' nor a "Regular Dege" Of1pe ri( s PA �1c — SERVICE I BROKER CONTRACT. NAME OF UDBE FIRM CERTIFICATION #, I ACTUAL UDBE ELIGIBLE UDBE SUPPLY AMOUNT AMOUNT MATERIALS SUPPLIED: PART 1 c - SE ! w 1 BROKER CONTRACT Transportation service'(hauling) fees/commissions are to be counted toward contract goals in this section (provided the trucker is NOT classified as a "Manufacturer' or a "Reaular 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 = [ (ACTUAL UDBE AMOUNT) — (Cost of any materials and supplies) I (NOTE: The amounts that count toward UDBE goals are limited to the compensation retained by the UDBE broker/agent for services rendered, provided the fee/commission is determined by CDOT to be reasonable and not excessive as compared with fees customarily charged for similar services.) NAME OF UDBE FIRM CERTIFICATION # EXPIRATION ACTUAL UDBE ELIGIBLE UDBE SERVICE FEE DATE AMOUNT AMOUNT SERVICES RENDERED: Original — Business Programs Office Previous editions may not be used CDOT Form 715 05/03 PART 2 — UDBE PARTICIPATION SUMMARY A) What is the total dollar value of this proposed subcontract, supply contract, OR service/broker 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 ]' N PART 3 - PRIME CONTRACTOR CERTIFICATION I certify that: • my company has met the contracted UDBE goals or hasattacbadva'complefcd;FCDOT Form #718, DBE Good Faith Effort Documentation. • my company has accepted a proposal from the DBII� subtion0ictpr named above. • my company has notified the proposed UDBE Spbco4tr�ct'r,of tfie contracted UDBE commitment. nl • my company's use of the proposed UIJBE spbct)ntra&O" rthe items of work listed above is a condition of the contract award. • my company will invite the proposed:UD�f ibctsniractot to attend the preconstruction conference. • my company will not use a sttltute UDBE subcontractor for the proposed UDBE subcontractor's failure to perform under a fully executed subcort#r0ct, urtl6ss Itry pontipsny complies with the definitions and requirements section of the DBE Special Provisions. " • I understand=tfip JaUe to Comply with the information shown on this form will be considered grounds for contract termination. I declare under pef*,Ity (A ei)ttry 1n the second degree, and any other applicable state or federal laws, that the statements made on this docu1110 lthte true and complete to the best of my knowledge. Prime Contractor Name: I Date: / / Officer Signature and Title: I-UKIVI ll I KU Prime Contractor: 1. An officer of the contractor(s) must complete this form. 2. Include only DBE firms which meet the underutilized criteria in the contract goal specification for this project (i.e., UDBE firms). 3. Complete ONLY ONE section for Part 1 (1a, 1 b, OR 1 c) 4. Complete ALL sections of Part 2 and Part 3 5. Submit a separate CDOT Form #715 for EACH proposed UDBE. - Business Programs Office may not 6. Retain a photocopy for your records. 7. Send original to: Colorado Department of Transportation Business Programs Office 4201 E. Arkansas Ave. Denver, Colorado 80222 FAX: (303) 757-9019 CDOT Form PAGE 2 COLORADO DEPARTMENT OF TRANSPORTATION F UNDERUTILIZED DBE GOOD FAITH EFFORT DOCUMENTATION Date The Contractor who is the apparent low bidder on a CDOT construction project and has failed to meet the Underutilized DBE (L contract goals shall use this form to document good faith efforts made to date by said Contractor to attempt to meet these goals. FAILURE TO FULLY COMPLETE THIS FORM MAY RESULT IN REJECTION OF THE BID. Each portion of this form is to be addressed in the space provided, or on supplemental sheets. Attach supporting documentation as required. This completed form and required attachments are to be submitted to the Business Programs Office in the Center for Equal Opportunity prior to 4:00 p.m, on the day after the day bids are opened. This form may be submitted by FAX (303-757-9019) with an original copy to follow. An extension may be granted by the DBE Liaison. Solely at its discretion, CDOT may request additional information and accept additional UDBE participation at any time and prior to the final decision concerning Good Faith Efforts. I. List sufficient bid items (including portions of bid items) identified as subcontract work to be performed by UDBEs to achieve the established UDBE participation goal. Indicate the total percentage of work identified for UDBE participation. The total percentage of subcontract items identified for UDBE participation must equal or exceed the percentage goal established by CDOT. II. For each subcontract item identified, contact by mail, FAX and/or telephone a minimum of two currently CDOT-certified UDBEs whose work and function codes match the type of work being solicited. For projects in areas of the state where there are more than two UDBEs capable of performing identified subcontract items, contact at least two thirds of those UDBEs. If soliciting by telephone, provide a telephone log of calls, including topic of discussion, date, time, name of person contacted, and the response received. If soliciting by mail, provide copies of letters to UDBEs and their responses. Letters and FAXes must specifically identify the project, the items to be subcontracted, and the bid date. Letters and FAXes must provide an address and phone number where specific quantities or details will be available to bidders. The Contractor shall provide sufficient time to allow the UDBEs to participate effectively in the bidding process. Submit a detailed explanation addressing failure to provide any of the above. Original -Business Programs Office, Copy -Contractor UV EK Previous editions are obsolete and may not be used CDOT Form #718 3199 III. List all UDBE and non-UDBE bidders, bid dollar amounts for each bid item, and the name of the successful bidder. Describe how bid items were broken down to increase opportunities for specific UDBE bidders. If the UDBE bids were rejected, give reasons for each case. Cost alone may not be adequate justification for failure to use a UDBE bid. If the work is to be counted as a potential UDBE subcontract item, the Contractor cannot elect to perform that work itself when a UDBE bid is competitive or only UDBE bids are received. When a non-UDBE bid is significantly lower than a UDBE bid, the Contractor may choose to perform the item itself. Whether a bid is "competitive" or "significantly lower" will be determined by CDOT. Provide a detailed explanation for failure to provide any of the above. IV. The efforts required herein are not exhaustive or exclusive. Other factors or types of efforts may be relevant in appropriate cases. In determining whether Good Faith Efforts have been made, the quantity and intensity of the efforts made as well as kinds of efforts made may be considered. List any additional efforts to increase UDBE contract participation, such as requesting subcontractors to assist with providing UDBE participation. Note the results of such efforts. THE CONTRACTOR UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE GOALS ESTABLISHED BY CDOT IS REQUIRED THROUGHOUT THE PERFORMANCE OF THE CONTRACT. Company Signature Title Phone FAX PROJECT SPECIAL PROVISIONS Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail Bid No. 5931 Prepared for: City of Fort Collins 281 North College Avenue Fort Collins, CO 80522-0580 (970)221-6605 Prepared by: Felsburg Holt & Ullevig 6300 S. Syracuse Way, Suite 600 Centennial, CO 80111 (303) 721-1440 COLORADO DEPARTMENT OF TRANSPORTATION CITY OF FORT COLLINS, COLORADO MASON STREET/HARMONY ROAD/FOSSIL CREEK BIKE/PEDESTRIAN TRAIL PROJECT SPECIAL PROVISIONS The General Conditions of the Construction Contract and the Colorado Department of Transportation's (CDOT) 1999 Standard Specifications for Road and Bridge Construction control construction of this project. Where there are conflicts between the two, the General Conditions shall control. The following Special Provisions supplement or modify the CDOT Standard Specifications and take precedence over the CDOT 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. Item Pages IndexPages-------------------------------------------------------------------------------------------------i ii, iii, iv NoticeTo Bidders----------------------------------------------------------------------------------------------------- 1 Commencement and Completion of Work---------------------------------------------------------------------- 2 ContractGoal (Combined)------------------------------------------------------------------------------------------ 3 Revision of Section 100 - General Provisions----------------------------------------------------------------- 4 Revision of Section 101 - Definition of Terms----------------------------------------------------------------- 5 Revision of Section 102 - Project Plans and Other Data---------------------------------------------------- 6 Revision of Section 104 - Scope of Work----------------------------------------------------------------------- 7 Revision of Section 105 - Control of Work --------------------------------------------------------------------- 12 Revision of Section 106 - Control of Material-----------------------------------------------------------------18 Revision of Section 107 - Insurance----------------------------------------------------------------------------23 Revision of Section 107 - Environmental Controls----------------------------------------------------------24 Revision of Section 108 - Prosecution and Progress ------------------------------------------------------- 27 Revision of Section 201 - Clearing and Grubbing-----------------------------------------------------------29 Revision of Section 202 - Removal of Portions of Present Structure ----------------------------------- 30 Revision of Section 206 - Shoring-------------------------------------------------------------------------------31 Revision of Section 212 - Seeding ------------------------------------------------------------------------------- 32 Revision of Section 212 - Soil Preparation (Special)-------------------------------------------------------- 33 Revision of Section 214 - Planting — (Perennials)-----------------------------------------------------------35 Revision of Section 214 - Planting ------------------------------------------------------------------------------- 36 Revision of Section 217 - Herbicide Treatment--------------------------------------------------------------37 Revision of Section 250 - Environmental, Health and Safety Management--------------------------39 Revision of Section 304 - Aggregate Base Course ---------------------------------------------------------- 40 Revision of Section 403 - Hot Bituminous Pavement ------------------------------------------------------- 41 Revision of Section 514 - Pedestrian Railing (Steel)-------------------------------------------------------- 42 Revision of Section 601 - Structural Concrete ---------------------------------------------------------------- 45 Revision of Section 608 - Detectable Warnings -------------------------------------------------------------- 52 Revision of Section 622 - Rest Area and Buildings (Information Center) ------------------------------ 55 Revision of Section 628 - Bridge Girder and Deck Unit ---------------------------------------------------- 59 FHU Reference No. 02-181 -2- COLORADO DEPARTMENT OF TRANSPORTATION CITY OF FORT COLLINS, COLORADO MASON STREET/HARMONY ROAD/FOSSIL CREEK BIKEIPEDESTRIAN TRAIL PROJECT SPECIAL PROVISIONS Item Ram Traffic Control Plan - General ------------------------------------------------------------------------------------- 64 Utilities--------------------------------------------------------------------------------------------------------66 Force Account Items ---- --------- _____---- __------- — ---- _________w_ Railroad Requirements-BNSF ------------------------------------------------------------------------------------ 69 FHU Reference No. 02-181 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OP. 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. 12/03 Section 00100 Page 8 NOTICE TO BIDDERS 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 they wish to review the project. Project Manager: Mike Herzig, P.E. Engineering Department City of Fort Collins 281 North College Avenue Fort Collins, CO 80522-0580 Project Engineer: Mark Laken 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 Cell Phone: (970) 222-3546 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. There will be a pre -bid meeting held on Thursday, August 11, 2005 in the Community Room at 1:00 PM at 215 N. Mason, Fort Collins, CO. 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". The number of working days for this project shall be 180 calendar days. Salient features to be shown on the Contractor's Progress Schedule are: • Clearing and Grubbing • Removals • Trail Earthwork • Parking Lot Earthwork • Erosion Control • Storm Sewer Construction • Trail Paving • Parking Lot Construction • Railroad Coordination • Mail Creek Pedestrian Structure • Retaining Walls • Seeding • Wetland Mitigation • Construction Traffic Control Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The progress schedule shall consist of a Critical Path Method (CPM) schedule prepared using the Microsoft Project software and submitted in hard and electronic formats. 2 CONTRACT GOAL (COMBINED) The Department has determined that Underutilized Disadvantaged Business Enterprises (DBEs) will participate by contracting for a part of the work of this Contract. The contract goal for participation in this Contract by certified DBEs who have been determined to be underutilized has been established as follows: UDBE" 11.5 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. 3 REVISION OF SECTION 100 GENERAL PROVISIONS Section 100 of the Standard Specifications is hereby revised for this project as follows: Subsections 102 and 103 of the Standard Specifications are hereby deleted. See Contract Documents for additional information. REVISION OF SECTION 101 DEFINITION OF TERMS Technical Specifications related to construction materials and methods for the work embraced under this Contract shall consist of the "Colorado Department of Transportation, State of Colorado, Standard Specifications for Road and Bridge Construction" dated 1999. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Where reference is made in the plans and specifications to Owner, Department, Chief Engineer, Resident Engineer, Project Engineer, Engineer, Erosion Control Supervisor, and Inspection and Testing Agency it is understood to mean the City of Fort Collins, Colorado representative. The sections shown on the following pages are revisions to the Technical Specifications for this project. 5 REVISION OF SECTION 102 PROJECT PLANS AND OTHER DATA Section 102 of the Standard Specifications is hereby revised for this project as follows: Subsection 102.05 shall include the following: The following information will be available for review at the City of Fort Collins, 281 N. College Avenue, Fort Collins, Colorado 80522-0580 until the date set for opening of bids: MASON STREET/HARMONY ROAD/FOSSIL CREEK BIKE PEDESTRIAN TRAIL Plan Sheet No's. 1 to 100, New and Revised M&S Standards (36 Sheets), Right -of -Way Plans (19 Sheets), Hazardous Materials Technical Report by Stewart Environmental Consultants, Inc., August 2003, and Geotechnical Engineering Study by Kumar & Associates, Inc., September 11, 2003. The City of Fort Collins will provide an area where contractors can review the project plans and listed reports. The project plans may be purchased from the City of Fort Collins by cash or check (payable to: City of Fort Collins). After the proposals have been opened, the low responsible bidder may obtain from the City of Fort Collins at no cost: 5 sets of plans and special provisions. Additional sets of plans and other available data may be purchased by cash or check from the City of Fort Collins at current reproduction prices. Subcontractors and suppliers may obtain plans and other data from the successful bidder or they may purchase copies from the City of Fort Collins at current reproduction prices. 0 REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.02 shall include: Site Conditions A. General: The Contractor acknowledges that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing upon access to the site; handling, storage, and disposal of materials; availability of water, electricity and roads; uncertainties of weather, river stages, or similar physical conditions at the site; the conformation and conditions of the ground; the equipment and facilities needed preliminary to and during the execution of the work; and all other matters which can in any way affect the work or the cost thereof under this Contract. 2. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials to be encountered from his inspection of the site and from reviewing any available records of exploratory work furnished by the Owner or included in these Documents. Failure by the Contractor to acquaint himself with the physical conditions of the site and all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully performing the work. 3. The Contractor warrants that as a result of his examination and investigation of all the aforesaid data that he can perform the work in a good and workmanlike manner and to the satisfaction of the Owner. The Owner assumes no responsibility for any representations made by any of its officers or agents during or prior to the execution of this Contract, unless (1) such representations are expressly stated in the Contract, and (2) the Contract expressly provides that the responsibility therefore is assumed by the Owner. B. Information on Site Conditions Any information obtained by the Engineer regarding site conditions, subsurface information, groundwater elevations, existing construction of site facilities, and similar data will be available for inspection, as applicable, at the office of the Engineer upon request. Such information is offered as supplementary information only. Neither the Engineer nor the Owner assumes any responsibility for the completeness or interpretation of such supplementary information. 7 -2- REVISION OF SECTION 104 SCOPE OF WORK Differing Subsurface Conditions: a. In the event that the subsurface or latent physical conditions are found materially different from those indicated in these Documents, and differing materially from those ordinarily encountered and generally recognized as inherent in the character of work covered in these Contract Documents, the Contractor shall promptly, and before such conditions are disturbed, notify the Engineer in writing of such changed conditions. b. The Engineer will investigate such conditions promptly and following this investigation, the Contractor shall proceed with the work, unless otherwise instructed by the Engineer. If the Engineer finds that such conditions do so materially differ and cause an increase or decrease in the cost of or in the time required for performing the work, the Engineer will recommend to the Owner the amount of adjustment in cost and time he considers reasonable. The Owner will make the final decision on all Change Orders to the Contract regarding any adjustment in cost or time for completion. 2. Underground Utilities: Known utilities and structures adjacent to or encountered in the work are shown on the Drawings. The locations shown are taken from existing records and the best information available from existing utility plans and potholing. However, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by either the Owner or the Engineer for their accuracy or completeness. C. Execution 1. Where the Contractor's operations could cause damage or inconvenience to railway, telegraph, telephone, television, oil, gas, electricity, water, sewer, or irrigation systems, the operations shall be suspended until all arrangements necessary for the protection of these utilities and services have been made by the Contractor. 2. Notify all utility offices which are affected by the construction operation at least 48 hours in advance. Under no circumstances expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities. E: -3- REVISION OF SECTION 104 SCOPE OF WORK 3. The Contractor shall protect all utility poles from damage. If interfering power poles, telephone poles, guy wires, or anchors are encountered, notify the Engineer and the appropriate utility company at least 48 hours in advance of construction operations to permit the necessary arrangements for protection or relocation of the interfering structure. 4. The Contractor shall be solely and directly responsible to the Owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under this Contract. 5. Neither the Owner nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the work. 6. If the Contractor, while performing the Contract, discovers utility facilities not identified in the Drawings or Specifications, he shall immediately notify the Owner, utility, and the Engineer in writing. 7. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in the restoration of service as promptly as possible and bear all costs of repair. 8. The Contractor shall replace, at his own expense, any and all other existing utilities or structures removed or damaged during construction, unless otherwise provided for in these Contract Documents or ordered by the Engineer. 9. Interfering Structures - The Contractor shall take necessary precautions to prevent damage to existing structures whether on the surface, aboveground, or underground. An attempt has been made to show major structures on the Drawings. The completeness and accuracy cannot be guaranteed, and it is presented simply as a guide to avoid known possible difficulties. 10. Field Relocation - During the progress of construction, it is expected that minor relocations of the work will be necessary. Such relocations shall be made only by direction of the Engineer. If existing structures are encountered that prevent the construction, and that are not properly shown on the Drawings, notify the Engineer before continuing with the construction in order that the Engineer may make such field revision as necessary to avoid conflict with the existing structures. If the Contractor shall fail to so notify the Engineer when an existing structure is encountered, and shall proceed with the construction despite the interference, he shall do so at his own risk. 4 -4- REVISION OF SECTION 104 SCOPE OF WORK D. Easements: Where portions of the work are located on public or private property, easements and permits will be obtained by the Owner. Easements will, provide for the use of the property for construction purposes to the extent indicated on the easements. Copies of these easements and permits are available upon request to the Owner. It shall be the Contractor's responsibility to determine the adequacy of the easement obtained in every case and to abide by all requirements and provisions of the easement. The Contractor shall confine his construction operations to within the easement limits or make special arrangements with the property Owners or appropriate public agency for the additional area required. Any damage to property, either inside or outside the limits of the easements provided by the Owner, shall be the responsibility of the Contractor as specified herein. The Contractor shall remove, protect, and replace all fences or other items encountered on public or private property. Before final payment will be authorized by the Engineer, the Contractor will be required to furnish the Owner with written releases from property Owners or public agencies where side agreements or special easements have been made by the Contractor or where the Contractor's operations, for any reason, have not been kept within the construction right-of-way obtained by the Owner. 2. It is anticipated that the required easements and permits will be obtained before construction is started. However, should the procurement of any easement or permit be delayed, the Contractor shall schedule and perform the work around these areas until such a time as the easement or permit has been secured. E. Land Monuments: The Contractor shall notify the Engineer of any existing Federal, State, Town, County, and private land monuments encountered. Private monuments shall be preserved, or replaced by a licensed surveyor at the Contractor's expense. When Government monuments are encountered, the Contractor shall notify the Engineer at least two (2) weeks in advance of the proposed construction in order that the Engineer will have ample opportunity to notify the proper authority and reference these monuments for later replacement. 10 END OF SECTION 12/03 Section 00100 Page 9 -5- REVISION OF SECTION 104 SCOPE OF WORK Subsection 104.05 shall include: Contractors Use of Premises The Contractor may use the Owner's property designated within the construction limits shown on the Plans for equipment and materials as long as he confines his operations to those permitted by local laws, ordinance and permits and meet the following requirements: 1. Do not unreasonably encumber site with materials or equipment. 2. Assume full responsibility for protection and safekeeping of products stored on premise. 3. Move any stored products which interfere with operations of the Owner. 4. Obtain and pay for use of additional storage or work areas needed for operations. Limits of Construction The Contractor must maintain all of his construction activities within the Owner's property and/or construction easements and limits of the project, or other stated areas, unless permits and/or written permission are obtained by the Contractor, from appropriate authorities or private property Owners, outside of these areas. Contractor to fence all easements and work areas. The temporary permits must be secured and paid for by the Contractor at no extra cost to the Owner. Any temporary permits secured must be in writing and a copy of same provided to the Engineer. Security The Contractor shall at all times be responsible for the security of his facilities and equipment. The Owner will not take responsibility for missing or damaged equipment, tools, or personal belongings of the Contractor. 11 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.02 shall be replaced with: Submittals A. Requirements: Where required by the Specifications, the Contractor shall submit descriptive information that will enable the Engineer to determine whether the Contractor's proposed materials, equipment, methods of work are in general conformance to the design concept and in accordance with the Drawings and Specifications. The information submitted may consist of drawings, specifications, descriptive data, certificates, samples, test results, product data, and such other information, all as specifically required in the Specifications. In some instances, specified submittal information describes some, but not all features of the material, equipment, or method of work. 2. The Contractor shall be responsible for the accuracy and completeness of the information contained in each submittal and shall assure that the material, equipment, or method of work shall be as described in the submittal. The Contractor shall verify that all features of all products conform to the requirements of the Drawings and Specifications. The Contractor shall ensure that there is no conflict with other submittals and notify the Engineer in each case where its submittal may affect the work of another Contractor or the Owner. The Contractor shall ensure coordination of submittals among the related crafts and subcontractors. 3. Submittals will be reviewed for overall design intent and returned to Contractor with action to be indicated by the Engineer. It shall be the Contractor's responsibility to assure that previously accepted documents are destroyed when they are superseded by a resubmittal as such. 4. It shall be the Contractor's responsibility to ensure that required items are corrected and resubmitted. Any work done before approval shall be at the Contractor's own risk. B. Submittal Procedure: Unless a different number is called for in the individual sections, six (6) copies of each submittal and sample are required, four (4) of which will be retained by the Engineer. The Contractor shall receive two (2) copies in return. Faxed submittals will not be accepted. 12 -2- REVISION OF SECTION 105 CONTROL OF WORK 2. Submittals that are related to or affect each other shall be forwarded simultaneously as a package to facilitate coordinated review. Uncoordinated submittals will be rejected. 3. If the items or system proposed are acceptable but the major part of the individual drawings or documents are incomplete or require revision, the submittal will be returned with requirements for completion. 4. The right is reserved for the Engineer to require submittals in addition to those called for in individual sections. 5. Submittals regarding material and equipment shall be submitted directly to the Engineer and will be accompanied by a transmittal form. A separate form shall be used for each specific item, class of material, equipment, and items specified in separate discrete sections for which the submittal is required. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole. 6. A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item submitted. Original submittal numbers shall have the following format: "XXX-Y;" where "XXX" is the originally assigned submittal number and "Y" is a sequential letter assigned for resubmittals (i.e., A, B, or C being the first, second and third resubmittals, respectively). Submittal 25-13, for example, is the second resubmittal of Submittal 25. 7. If the Contractor proposes to provide material, equipment, or method of work that deviates from the Contract Documents, it shall indicate so under "deviations" on the transmittal form accompanying the submittal copies. 8. Submittals that do not have all the information required to be submitted, including deviations, are not acceptable and will be returned without review. C. Review Procedure: 1. Submittals are specified for those features and characteristics of materials, equipment, and methods of operation that can be selected based on the Contractor's judgment of their conformance to the requirements of the Drawing and Specifications. Other features and characteristics are specified in a manner that enables the Contractor to determine acceptable options without submittals. The review procedure is based on the Contractor's guarantee that all features and characteristics not requiring submittals conform to the Drawings and Specifications. Review shall not extend to means, methods, techniques, sequences, or procedures of construction or to verifying quantities, dimensions, weights or gages, or fabrication processes (except where 13 -3- REVISION OF SECTION 105 CONTROL OF WORK specifically indicated or required by the Specifications) of separate items, and as such, will not indicate approval of the assembly in which the item functions. 2. Unless otherwise specified, within twenty-one (21) calendar days after receipt of the submittal, the Engineer will review the submittal and return copies. The returned submittal will indicate one of the following actions: a. If the review indicates that the material, equipment, or work method complies with the Specifications, submittal copies will be marked "NO EXCEPTIONS TAKEN". In this event, the Contractor may begin to implement the work method or incorporate the material or equipment covered by the submittal. b. If the review indicates limited corrections are required, copies will be marked "Furnish as noted". The Contractor may begin implementing the work method or incorporating the material and equipment covered by the submittal in accordance with the noted corrections. Where submittal information will be incorporated in Operation and Maintenance data, a corrected copy shall be provided. c. If the review indicates that the submittal is insufficient or contains incorrect data, copies will be marked "REVISE AND RESUBMIT". Except at its own risk, the Contractor shall not undertake work covered by this submittal until it has been revised, resubmitted and returned marked either "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED". d. If the review indicates that the material, equipment, or work method do not comply with the Specifications, copies of the submittal will be marked "REJECTED". Submittals with deviations that have not been identified clearly may be rejected. Except at its own risk, the Contractor shall not undertake the work covered by such submittals until a new submittal is made and returned marked either "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED". D. Drawing: 1. The term "shop drawings" includes drawings, diagrams, layouts, schematic, descriptive literature, illustrations schedules performance and test data, and similar materials furnished by Contractor to explain in detail specific portions of the work required by the Contract 2. Contractor shall coordinate all such drawings, and review them for legibility, accuracy, completeness and compliance with contract requirements and shall indicate this approval thereon as evidence of such coordination and review. Shop drawing submitted to the Engineer without evidence of Contractor's approval will be returned for resubmission. 14 -4- REVISION OF SECTION 105 CONTROL OF WORK 3. Shop drawing shall be clearly identified with the name and project number of this contract, and references to applicable specification paragraphs and contract drawings. When catalog pages are submitted, applicable items shall be clearly identified. 4. Contractor shall stamp his approval on shop drawings prior to submission to the Engineer as indication of his checking and verification of dimensions and coordination with interrelated items. Stamp shall read: "(Contractor's Name) represents that we have determined and verified all field dimensions and measurements, field construction criteria, materials, catalog numbers and similar data, and that we have checked with the requirements of the Specifications and Drawings, the Contract Documents, and General Conditions". Marks on drawings by Contractor shall not be in red. Any marks by Contractor shall be duplicated on all copies submitted. 5. If shop drawings show variations from contract requirements, Contractor shall describe such variations in writing, separate from the drawings, at time of submission. All such variations must be approved by the Engineer. If Engineer approves any such variations, he shall issue an appropriate contract modification, except that, if the variation is minor and does not involve a change in price or in time of performance, a modification need not be issued. 6. Should the Contractor propose any item on his shop drawings or incorporate an item into the work, and that item should subsequently prove to be defective or otherwise unsatisfactory, (regardless of the Engineer's preliminary review), the Contractor shall, at his own expense, replace the item with another item that will perform satisfactorily. E. Certificates: For those items called for in individual sections, furnish six (6) certificates of compliance from manufacturers or suppliers certifying that materials or equipment being furnished under the Contract comply with the requirements of these Specifications. F. Samples: Samples shall be sufficient in size to clearly illustrate functional characteristics and full range of color, texture, and pattern. 15 -5- REVISION OF SECTION 105 CONTROL OF WORK G. Effect of Review of Contractor's Submittals: Review of drawings, data, methods of work, or information regarding materials or equipment the Contractor proposes to provide, shall not relieve the Contractor of its responsibility for errors therein and shall not be regarded as an assumption of risks or liability by the Engineer or the Owner, or by any officer or employee thereof, and the Contractor shall have no claim under the Contract on account of the failure or partial failure, of the method of work, material, or equipment so reviewed. A mark of "NO EXCEPTIONS TAKEN" or "FURNISH AS NOTED" shall mean that the Owner has no objection to the Contractor, upon its own responsibility, using the plan or method of work proposed, or providing the materials or equipment proposed. Subsection 105.04 shall be revised as follows: Delete the second paragraph and replace with the following: In case of discrepancy the order of precedence is as follows: A. General Conditions of the Construction Contract B. Special Provisions 1. Project Specifications 2. Standard Special Provisions C. Plans 1. Detailed Plans 2. Standard Plans Calculated dimensions will govern over scaled dimensions. D. Supplemental Specifications E. Standard Specifications Subsection 105.05 shall include: Coordination with Land Owners The City of Fort Collins is committed to maintaining a positive working relationship with the businesses and residents in the project area. Every effort will be made to maintain pedestrian and bicycle flow and to accommodate special events and high volume holidays for businesses, pedestrians, parking, and vehicle traffic. The Contractor shall be responsible for communicating accurate scheduling information to the project team to assure proper notification of businesses and residents. 16 -6- REVISION OF SECTION 105 CONTROL OF WORK In particular, any proposed disruption or closure to an existing access must be communicated to the property Owner and (if property is a rental) to the building tenant with as much notice as possible - 48 hours is the minimum notice that will be allowed for any proposed access change. The Contractor shall ensure that adequate alternate access is in place for vehicles and pedestrians and any property -specific access needs are addressed prior to any change in existing access. The Contractor shall identify his method of maintaining these accesses on the Construction Traffic Control plans (see Traffic Control — General). Subsection 105.07 shall include Coordination with Traffic Engineer The Contractor shall coordinate with the Owner's Traffic Engineer for all traffic control activities. This shall include, but not be limited to, installation and timing of traffic signals, lane closures, and lane reductions. Subsection 105.08 shall include: Surveying Coordination 1. The Owner will provide construction surveying for the project. City Survey Crews will perform the surveying required. 2. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing surveying. 3. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. 4. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. 5. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of restaking construction stakes and for the cost of re-establishing a destroyed monument. 6. The Contractor shall be responsible for transferring the information from the construction staked to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. 17 REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.01 shall include: Substitutions and Product Options A. Description: This section describes the procedure required by the Contractor for product substitutions. 2. Requests for Substitution: a. Base all bids on materials, equipment and procedures specified. b. Certain types of equipment and kinds of material are described in specifications by means of trade names and catalog numbers, and/or manufacturer's names. Where this occurs, it is not intended to exclude from consideration such types of equipment and kinds of material bearing other trade names, catalog numbers and/or manufacturer's names, capable of accomplishing purpose of types of equipment or kinds of material specifically indicated. C. Other types of equipment and kinds of material may be acceptable to the Owner and Engineer. a. Types of equipment, kinds of material and methods of construction, if not specifically indicated must be approved in writing by Engineer and the Owner. 3. Submission of Requests for Substitution: a. After Notice to Proceed, the Owner/Engineer will consider written requests for substitutions of products, materials, systems or other items. b. The Engineer reserves the right to require substitute items to comply color and pattern -wise with base specified items, if necessary to secure "design intent". C. Submit six (6) copies of request for substitution. Include in request: 1) Complete data substantiating compliance of proposed substitute with Contract Documents. 18 -2- REVISION OF SECTION 106 CONTROL OF MATERIAL 2) For products: i. Product identification, including manufacturer's name. ii. Manufacturer's literature, marked to indicate specific model, type, size, and options to be considered: Product description; performance and test data; reference standards; difference in power demand; dimensional differences for specified unit. iii. Name and address of similar projects on which product was used, date of installation, and field performance data. 3) For construction methods: Detailed description of proposed method. ii. Drawings illustrating methods. 4) Itemized comparison of proposed substitution with product or method specified. 5) Data relating to changes in construction schedule. 6) Relation to separate contracts. 7) Accurate cost data on proposed substitution in comparison with product or method specified. d. In making request for substitution, or in using an approved substitute item, Supplier/Manufacturer represents: 1) He has personally investigated proposed product or method, and has determined that it is equal or superior in all respects to that specified and that it will perform function for which it is intended. 2) He will provide same guarantee for substitute item as for product or method specified. 3) He will coordinate installation of accepted substitution into work, to include building modifications if necessary, making such changes as may be required for work to be complete in all aspects. 19 -3- REVISION OF SECTION 106 CONTROL OF MATERIAL 4) He waives all claims for additional costs related to substitution which subsequently become apparent. 4. Substitutions: Request sufficiently in advance to avoid delay in construction. 5. Contractor's Option: a. For products specified only by reference standards, select any product meeting standards by any manufacturer, indicate selected type in submission. b. For products specified by naming several products or manufacturers, select any product and manufacturer named, indicate selected type in submission. C. For products specified by naming one or more products, but indicating option of selecting equivalent products by stating "or equivalent" after specified product, Contractor must submit request, as required for substitution, for any product not specifically named. 6. Rejection of Substitution or Optional Item: Substitutions and/or options will not be considered if they are indicated or implied on shop drawings, or project data submittals, without formal request submitted in accordance with this section. Subsection 106.03 shall include: Materials Testing A. Provide such equipment and facilities as are required 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 found to be acceptable. Any product which becomes unfit for use after approval thereof shall not be incorporated into the work. B. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM), and the American Association of Highway and Transportation Officials (AASHTO). 20 SECTION 00300 BID FORM -4- REVISION OF SECTION 106 CONTROL OF MATERIAL C. Where additional or specific information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. D. Owners Responsibilities 1. The Owner shall be responsible for and shall pay all costs in connection with the following testing: a. Soils compaction tests. b. Trench backfill. C. Pipe and structural bedding. d. Tests not called for by the Specifications of materials delivered to the site. e. Concrete tests. Pavement tests E. Contractors Responsibilities In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible for and shall pay all costs in connection with testing required for the following: a. Concrete materials and mix designs. b. Design of asphalt mixtures. C. All performance and field-testing specifically called for by the Specifications. d. All retesting for work or materials found defective or unsatisfactory, including tests covered above. 21 -5- REVISION OF SECTION 106 CONTROL OF MATERIAL F. Transmittal of Test Reports Written reports of tests and engineering data furnished by Contractor for Engineer's review of materials and equipment proposed to be used in the work shall be submitted as specified for Shop Drawings. The testing laboratory retained by the Owner or Engineer will furnish three (3) copies of a written report of each test performed by laboratory personnel in the field or laboratory. Two (2) copies of each test report will be transmitted to the Engineer and one (1) copy to the Contractor within seven (7) days after each test is completed. REVISION OF SECTION 107 INSURANCE Section 107.18 is hereby revised to read: For this project all insurance certificates shall name the Colorado Department of Transportation as an additionally insured party. 23 REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS Section 107 of the Standard Specifications is hereby modified to include the following: Environmental Controls The work of this section consists of obtaining permits and providing environmental controls consistent with regulatory permits through the duration of the work required under this project. A. Dust Control Application: The Contractor shall execute work by methods to minimize raising dust from construction operations. 2. The Contractor shall provide and apply dust control at all times, including evenings, holidays and weekends, as required to abate dust nuisance on and about the site that is a direct result of construction activities. The use of non - approved chemicals, oil, or similar palliatives will not be allowed. Dust control agents may be used only after prior approval of the Owner. The Contractor shall be required to provide sufficient quantities of equipment and personnel for dust control sufficient to prevent dust nuisance on and about the site. 3. The Owner will have authority to order dust control work whenever in its opinion it is required, and there shall be no additional cost to the Owner. The Contractor shall be expected to maintain dust control measures effectively whether the Owner or Engineer specifically orders such Work. B. Preservation of Natural Features: Confine operations as much as possible. Exercise special care to maintain natural surroundings in an undamaged condition. Within the work limits, barricade trees, rock outcroppings, and natural features to be preserved. C. Housekeeping: Keep project neat, orderly, and in a safe condition at all times. Store and use equipment, tools, and materials in a manner that does not present a hazard. Immediately remove all rubbish. Do not allow rubbish to accumulate. Provide on -site containers for collection of rubbish and dispose of it at frequent intervals during progress of work. D. Disposal Disposal of Waste (Unsuitable) Materials: All material determined by the Engineer to be waste will be disposed of in approved landfill in a manner meeting all regulations. Dispose of waste materials, legally, at public or private dumping areas. Do not bury wastes inside of the limits of construction. All costs for dump fees, permits, etc., are to be borne by the Contractor. 24 -2- REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS 2. Disposal of Garbage and Other Construction Materials: Provide sanitary containers/dumpsters and haul away contents such that no overflow exists. 3. Excess excavation shall become the property of the Contractor and shall be legally disposed of by him outside the limits of construction to an approved disposal site. Excess excavated material suitable for backfill shall not be disposed of until all backfill operations are complete. 4. The Contractor is to immediately inform Engineer of any hazardous materials encountered during construction. Dispose of waste materials legally at private or public facilities. E. Burning: No burning of debris will be permitted. F. Water Control: A portion of the project work is located within a natural drainage course and is subject to periodic flooding due to rainfall and snowmelt, flows for adjacent developed areas and storm water pipes and ground water flows from saturated soils or other ground water sources. The Contractor is responsible for managing water within the construction site and protecting property. G. Noise Control 1. All mechanical equipment shall be equipped with the best available mufflers to reduce noise. The Contractor shall be responsible for obtaining any necessary permits and shall limit noise to the permitted levels. Noise level monitoring shall be performed by the Contractor as necessary to show that the permitted levels are not being exceeded. 2. Permission from Owner must be obtained prior to the operation of any machinery and/or vehicles between the hours of 6 p.m. and 7 a.m. H. Permits All work must be performed in accordance with all applicable regulatory permits. It shall be the responsibility of the Contractor to obtain a Construction Dewatering Permit from the Colorado State Health Department for any dewatering operations that will be discharged into any drainageways, open channels, or irrigation ditches. The Contractor shall be responsible for any testing required under the Construction Dewatering Permit. 25 -3- REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS 2. The Owner will obtain the following permits: • Floodplain Use Permit • City of Fort Collins Excavation on Public Property Permit • Applicable 404 Permits It shall be the responsibility of the Contractor to prepare and obtain an approved Erosion and Sediment Control Plan from the Owner. The Contractor must obtain all other applicable permits. 99 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.03 shall include the following: Project Meetings A. Pre -Construction Conference: A Pre -Construction Conference will be held after Notice of Award and before the Notice to Proceed, the date, time and location will be determined after Notice of Award. The conference shall be attended by: 1. Contractor and Contractor's Superintendent 2. Contractor's Subcontractors 3. Engineer 4. Owner 5. Utility Companies 6. Others as requested by the Contractor, Owner, or Engineer. Unless previously submitted to the Owner, the Contractor shall bring to the conference a tentative schedule of the construction project, including in the schedule shop drawings and other submittals. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The agenda will include: 1. Contractor's tentative Schedule 2. Permit applications and submittals, including Dewatering Permit, Erosion and Sediment Control Plan, and Traffic Control Plan 3. Transmittal, review and distribution of Contractor's submittals 4. Processing applications for payment 5. Maintaining record documents 6. Critical work sequencing 7. Field decision and change orders 8. Use of premises, office and storage areas, staging area, security, housekeeping, and Owner's needs 9. Contractor's assignment of safety and first aid 27 -2- REVISION OF SECTION 108 PROSECUTION AND PROGRESS B. Construction Progress Meetings: Progress meetings will be conducted weekly or at some other frequency, if approved by the Engineer. These meetings shall be attended by the Owner, the Engineer, the Contractor's representative and any others invited by these people. The Engineer will conduct the meeting and the Engineer will arrange for keeping the minutes and distributing the minutes to all persons in attendance. The agenda of these project meetings will include construction progress, the status of submittal reviews, the status of information requests, critical work sequencing, review of strategies for connections into existing facilities, status of field orders and change orders, and any general business. The Contractor will prepare a "two week look ahead" schedule to facilitate coordination of work items. Subsection 108.04 shall include the following: The Contractor shall execute construction in a timely fashion to achieve the following schedule milestones: • Completion of the Mail Creek Pedestrian Structure, the adjacent retaining wall and all work within Mail Creek and New Mercer Ditch shall be completed by , 2005. • All remaining elements shall be completed by 2005. Work Hours: Standard work hours are 7 AM to 6 PM, Monday through Friday. No work shall be permitted on weekends or holidays without written approval from the Project Manager. Work activity done at times other than during normal working hours may require reimbursement to the City for the overtime cost to the City. Work requests beyond normal working hours must be submitted to the Project Manager a minimum of five (5) working days prior to the requested date. REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised for this project as follows: Subsection 201.02 shall include the following: Ralph Zentz, Assistant City Forester (970-221-6302), shall be responsible for identifying the removal of tree branches or stumps, or shrubs and other plant materials beyond those trees identified on the tree removal plan for removal and/or mitigation. Coordinate with the Assistant City Forester to have tree branches, stumps, shrubs, and other plant materials marked for removal. Trees greater than six (6) inches in diameter shall not be removed between April 1 and August 31 unless directed by the Assistant City Forester. Clearing and grubbing shall include the removal and possibly the trimming of trees less than six (6) inches in diameter, bushes, and shrubs as identified by the Engineer or the Assistant City Forester to be either removed or trimmed. All removed debris shall become the property of the Contractor and shall be removed from the project site, not buried on -site. Clearing and grubbing shall also include the removal of impacted fencing and barricades as directed by the Engineer. Subsection 201.04 shall include the following: PAY ITEM PAY UNIT Clearing and Grubbing Lump Sum 29 REVISION OF SECTION 202 REMOVAL OF PORTIONS OF PRESENT STRUCTURE Section 202 of the Standard Specifications is hereby revised for this project as follows: Section 202.01 shall include the following: This work shall include the removal of all or portions of the following (as shown in the construction plans): cast -in -place concrete wall and slab flume structure in New Mercer Ditch. Removal operations shall be conducted so that there will be the least interference with public traffic operations in the respective vicinities. Section 202.02 shall include the following: At least 10 days before beginning removal of portions of present structure, the Contractor shall submit to the Engineer details of the removal operations showing the methods and sequence of removal and equipment to be used. The Engineer shall approve all methods and equipment used to accomplish removal operations. Subsection 202.11 shall include the following: 1. Removal of Portions of Present Structure shall be paid for as a Lump Sum, and shall be for the extent shown on the plans. 2. Removal of Portions of Present Structure (MSE wall with block facing, or portions thereof), where indicated in the construction plans, shall be paid for as one item (EACH). In the areas where the full height of the MSE wall is designated to be removed, the removal of the existing block facing, concrete cap, steel handrail, drain pipes, and concrete foundation shall be included in the work. Subsection 202.12 shall include the following: Payment will be made under: PAY ITEM PAY UNIT Removal of Portions of Present Structure Lump Sum 30 SECTION 00300 BID FORM PROJECT: 5931 Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail Place Date 1. In compliance with your Invitation to Bid dated and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3 Accompanying this Bid is a bond in the sum of and Instructions to Bidders. certified or cashier's check or standard Bid in accordance with the Invitation To Bid 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through 7/96 Section 00300 Page 1 REVISION OF SECTION 206 SHORING Section 206 of the Standard Specifications is hereby revised for this project as follows: Subsection 206.03 shall include the following: Working drawings will be required for shoring used to protect the service road along the east side of the project. Subsection 206.6 shall include the following: Shoring will not be measured, but will be paid for on a lump sum basis for the following area: - Area 1: Shoring required at Pedestrian Bridge Abutment 2 and along Retaining Wall 1 Subsection 206.07 shall include the following: PAY ITEM Shoring (Area 1) PAY UNIT Lump Sum 31 REVISION OF SECTION 212 SEEDING Section 212 of the Standard Specifications is hereby revised for this project as follows: In Subsection 212.03 delete the table and replace with the following: Zone Spring Seeding Fall Seeding Below 1800 m (6000') Spring thaw to June 1st September 1s until consistent ground freeze 1800 m (6000') to 2100 m 7000' Spring thaw to June 15th August 15t until consistent round freeze 2100 m (7000') to 2400 m 8000' Spring thaw to July 1st August 1s' until consistent round freeze Above 2400 m 8000' Spring thaw to consistent ground freeze 32 REVISION OF SECTION 212 SOIL PREPARATION (SPECIAL) Section 212 of the Standard Specifications is hereby revised for this project to include the following: DESCRIPTION This work consists of incorporation of organic amendment into the top 6 inches of the soil to be seeded. MATERIALS Soil amendments shall be tilled into seeded and tree planting areas and shall include: 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 140 degrees Fahrenheit or greater for a period of time that is long enough to accomplish the following specifications: 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 1/2 inch in diameter. 5. Have a non -offensive smell similar to fresh turned soil. 6. Contain no significant level of dirt or soil, chemical preservatives and contain a maximum of 30 percent composted plant residue. 7. The pH after composting shall be between 6.0 and 8.0 with an organic matter content of not less than 20%. 8. Soluable salts shall not be greater than 5mmhos/cm The Contractor shall submit a two lb. (2 lb.) sample of the product four (4) weeks 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. 33 -2- REVISION OF SECTION 212 SOIL PREPARATION (SPECIAL) CONSTRUCTION REQUIREMENTS All seeded areas shall be amended with composted organic amendment as shown on the plans and shall be tilled or ripped to a depth of 6 inches into the soil. After ripping remove all debris such as concrete, rocks (greater than 3" in diameter) and other deleterious from area. Stockpiling of material on project site in excess of 30 days shall not be allowed. METHOD OF MEASUREMENT Soil Preparation (Special) will be measured by the actual number of acres completed and accepted. Payment for Soil Preparation (Special) shall include incorporation and material. Measurement for acres will be slope distances. BASIS OF PAYMENT The accepted quantities of Soil Preparation (Special) will be paid for at the contract unit price. Payment will be made under: Pay Item Pay Unit Soil Preparation (Special) Acre Payment shall be full compensation for all work necessary to complete the work. 34 REVISION OF SECTION 214 PLANTING - (PERENNIALS) Section 214 of the Standard Specifications is hereby revised for this project as follows: Subsection 214.02 shall include the following: Perennial wetland plants shall be supplied in containers as designated in the Contract, no bare root material will be allowed. The original plant stock for the plants shall be from Colorado. Nursery grown perennial plants shall be those plants that have been growing at least one growing season. Perennials shall not be shipped while in a dormant conditions. Perennials shall be a minimum of 6 inches in height when applicable to the species. In Subsections 214.03(a), delete the first paragraph and replace with the following: Perennial plants shall be planted in the spring season only. Subsection 214.04(b) shall include the following: Water shall be applied to perennial plants until soil is saturated. Perennial plants shall be watered thoroughly every day for a period of one month. Subsection 214.06 shall include the following: The accepted quantities of perennial wetland plants will be paid for at the contract unit price each. Payment will be made under: PAY ITEM PAY UNIT Perennials (2.25 Inch Pot) Each Payment will be full compensation for all work necessary to complete the item. 35 REVISION OF SECTION 214 PLANTING Section 214 of the Standard Specifications is hereby revised for this project as follows: Subsection 214.02 shall include the following: The Contractor shall submit at the preconstruction conference a list of suppliers and specification sheets for items in Sections 203, 207, 213, 214 and 217. A written description of work tasks, time schedules and watering sequence shall also be presented at this meeting. The meeting shall be held no less than two weeks (14 calendar days) before work commences on items in Sections 203, 207, 213, 214 and 217. In Subsection 214.03(a), delete the second paragraph and replace with the following: Areas to be planted shall be brought to the lines and grades designated and approved. The Contractor shall stake locations as accurately as possible. All tree locations shall be approved by Engineer and Ralph Zentz — City of Fort Collins Assistant Forester, before preparatory work for planting is started. Delete Subsection 214.04, paragraph one, and replace with the following: 214.04 Landscape Establishment. From the time of installation, during construction, and throughout the Landscape Establishment period the Contractor shall maintain all plant material and seeded areas in a healthy and vigorous growing condition, and ensure the successful establishment of vegetation. This includes performing establishment, replacement work and landscape maintenance work as described below. The Landscape Establishment period begins upon receipt of the written "Notice of Substantial Landscape Completion" from the Engineer and lasts for a period of 24 months. If the notice of Substantial Landscape Completion is issued in the fall, the Landscape Establishment period will begin the following spring. Substantial Landscape Completion is defined as when all plant materials in the Contract have been planted and accepted. This includes all work performed under Sections 212, 213, and 214, except for the section 214 pay item Landscape Maintenance. Subsection 214.04 shall include the following: A final acceptance inspection of the plant material will be held by the Contractor and the Engineer at the end of the plant establishment period. Any replacement material shall meet the requirements of the standards, plans, and special provisions included in this project. Once the replacements are completed and approved, final acceptance will be issued. All staking and guying will be removed after plant establishment period. The Contractor shall shield guy wires from trees with white PVC tubing to make the wire visible for pedestrians and bicyclists — the cost to be included in the cost of the plants. The Contractor shall maintain staking and guying until the end of the Landscape Establishment period. The Contractor shall remove all guying wire, straps and stakes at the end of the Landscape Establishment period. 36 REVISION OF SECTION 217 HERBICIDE TREATMENT Section 217 of the Standard Specifications is hereby revised for this project as follows: Subsection 217.02 shall include the following: Within one month of project commencement, wetland mitigation areas and associated upland habitat infested with Canada thistle shall be spot sprayed with non -residual glyphosate rated for use by water. Treatment is to be as directed by the Engineer and according to manufacturer's current label for recommendations and requirements. Subsection 217.03 shall include the following: Glyphosate shall be spot applied to Canada Thistle and any other identified noxious weeds on site (exclusive of existing wetlands and wetland mitigation areas) in accordance with this specification. Herbicide shall be applied at least 14 days prior to planting and seeding. Herbicide shall be glyphosate type. Add inert, water soluble, blue colored dye to herbicide prior to spraying. Dye should be sufficiently dark enough to indicate sprayed versus unsprayed areas. Apply the herbicide mixture so that all undesirable vegetation is uniformly covered. Do not allow herbicide to drift or overspray onto existing vegetation to remain or wetlands. Spray target vegetation so that it is wet, but without runoff. Do not apply herbicide if: 1. Rainfall is expected within 6 hours. 2. There is growth stress to surrounding non -target vegetation as a result of drought, insects, disease, or plant damage. 3. When heavy dust is on the plants. 4. If target material treatment will adversely effect woody vegetation. Do not permit foot or other traffic on treated areas when they are wet from application. Subsection 217.03 shall include the following: Canadian Thistle and Knapweed shall be spot sprayed while plant is actively growing when at or beyond the bud stage of growth. Glyphosate shall be applied in locations directed by the Engineer. 37 -2- REVISION OF SECTION 217 HERBICIDE TREATMENT Subsection 217.05 shall include the following: The accepted quantities of herbicide treatment will be paid for at the contract unit price per hour. Payment will be made under: PAY ITEM PAY UNIT Herbicide Treatment Hour 104 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT The Contractor shall be aware that the project will be constructed on a portion of railroad right- of-way that has been in use for many decades. In addition, several nearby and adjacent sites are currently used or have been used in the past for commercial and/or industrial purposes. A Hazardous Materials Technical Report (Stewart Environmental Consultants, 2003) prepared in support of the project found no evidence of environmental impacts to the project corridor, but indicated that such impacts could not be ruled out. Therefore, the Contractor shall be familiar with the information provided in the Hazardous Materials Technical Report and be prepared for the possibility of encountering suspected contaminated material, including but not limited to waste material, discolored and/or odorous soil, or discolored and/or odorous groundwater, during construction. The Contractor shall follow the procedures found in paragraph 250.03 (d) 4 if previously unidentified suspected contaminated material is encountered. The Contractor shall contact the Health and Safety Officer identified for this project and the Project Manager immediately upon encountering suspected soils. 39 REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for this project as follows: Subsection 304.02 shall include the following: Materials for the base course shall be Aggregate Base Course (Class 6) as shown in subsection 703.03 The aggregate base course (Class 6) must meet the gradation requirements and have a resilient modulus of at least 32,883 p.s.i. (R.278) when tested by the Hveem Stabilometer method. 40 CONTRACTOR BY: ADDRESS: BID SCHEDULE (Base Bid) Mason Bike/Pod Trail from Harmony Road to Fossil Creek Bid Tab wsr :e 201.00000 CLEARING AND GRUBBING eCI LS 1.00 4, 202.00010 REMOVAL OF TREE EA 65.00 202.00026 REMOVAL OF SLOPE AND DITCH PAVING SY 72.00 202.00190 REMOVAL OF CONCRETE MEDIAN COVER MATERIAL SY 8.00 202.00200 REMOVAL OF SIDEWALK SY 33.00 202.00203 REMOVAL OF CURB AND GUTTER LF 88.00 202.00495 REMOVAL OF PORTIONS OF PRESENT STRUCTURE LS 1.00 202.01130 REMOVAL OF GUARDRAIL TYPE 3 LF 100.00 203.00010 UNCLASSIFIED EXCAVATION CIP CY 2,472.00 203.01500 BLADING HR 16.00 206.00000 STRUCTURE EXCAVATION CY 827.00 206.00100 STRUCTURE BACKFILL CLASS 1 CY 888.00 206.01750 SHORING AREA 1 LS 1.00 208.00005 EROSION LOG LF 110.00 208.00020 SILT FENCE LF 588.00 208.00045 CONCRETE WASHOUT STRUCTURE EA 1.00 208.00070 STABILIZED CONSTRUCTION ENTRANCE EA 3.00 208.00100 SEDIMENT REMOVAL AND DISPOSAL LS 1.00 208.00200 EROSION CONTROL SUPERVISOR LS 1.00 210.01200 RESET END ANCHORAGE EA 1.00 212.00006 SEEDING NATIVE AC 2.10 212.00047 SOIL PREPARATION SPECIAL AC 2.10 213.00002 MULCHING WEED FREE HAY AC 2.50 213.00008 MULCHING WOOD CHIP CF 846.00 213.00061 MULCH TACKIFIER LB 375.00 214.00000 LANDSCAPE MAINTENANCE LS 1.00 214.00220 DECIDUOUS TREE 2 INCH CALIPER EA 20.00 214.00350 DECIDUOUS SHRUB 5 GALLON CONTAINER EA 250.00 7/96 Section 00300 Page 2 REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT Section 403 of the Standard Specifications is revised as follows: Hot Bituminous Pavement — This shall consist of placing HBP — Patching according to Larimer County Urban Area Street Standards, Chapter 10, latest edition. It shall be the Contractor's responsibility to purchase and familiarize themselves with these specifications. They may be obtained at the City of Fort Collins, Engineering Department. Subsection 403.05 shall include the following: Payment will be made under: PAY ITEM PAY UNIT Hot Bituminous Pavement (Patching) (Asphalt) Ton The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in Hot Bituminous Pavement, complete -in -place, including compaction, and rolling as shown on the plans, as specified in these specifications, and as directed by the Engineer. 41 REVISION OF SECTION 514 PEDESTRIAN RAILING (STEEL) Section 514 of the Standard Specifications is hereby deleted in its entirety and replaced with the following: DESCRIPTION 514.01 This work shall consist of furnishing all equipment, labor, fabrication and materials to do all work necessary to construct the Pedestrian Railing (Steel) as indicated on the Drawings and as specified herein. MATERIALS 514.02 Steel shall conform to the requirements of Section 509 and the following: 1. Steel pipe shall conform to the requirements of ASTM A53, and shall be provided with a galvanized finish. 2. Steel Plates and Bars shall comply with the requirements of ASTM A 36. Steel plates shall be provided non -galvanized. Bars shall be provided with a galvanized finish. 3. Zinc coating shall conform to the requirements of AST A123, A153, A385 and A386. Welding shall conform to the American Welding Society Structural Weld Code - Steel D1.1. Shop Drawings: Submit shop drawings of all metal railing fabrications to Engineer for approval, showing sizes and thickness of all members, types of materials, methods of connection and assembly, complete dimensions, clearances, anchorage, relationship to surrounding work by other trades, shop paint and protective coatings, and other pertinent details of fabrication and installation. 1. Field -measurement of wall construction shall be conducted prior to development of shop drawings to verify required dimensioning of railing. 2. Railing appearance and finish shall resemble the existing railing in the vicinity of this project along Yosemite Street, just to the south of the proposed location of the new retaining wall. 3. Indicate profiles, sizes, connection attachments, reinforcing, anchorage, openings, size and type of fasteners and any accessories. 4. Include erection drawings, elevations, applicable details and field dimensions. 5. Indicate welded connection using standard AWS welding symbols. Indicate net weld lengths. Samples: Submit material information as listed in the following. 1. One sample railing panel will be erected prior to mass fabrication of the entire quantity call for. 2. Do no order materials or begin fabrication until Engineers review of submittals has been completed and returned. 42 -2- REVISION OF SECTION 514 PEDESTRIAN RAILING (STEEL) 3. Furnish to the Contractor with copy to the Engineer, a certified statement that the shop - applied galvanizing and finishes conform to these Specifications, including compliance with application thickness and adhesion. Immediately before painting, remove rust, loose mill scale, dirt, weld flux, weld spatter, and other foreign materials with SSPC-SP6 commercial sandblast treatment. Repair damage to galvanizing with the following: Galvanizing Repair Paint: High -zinc -dust -content paint for regalvanizing welds in galvanized steel, with dry film containing not less than 94 percent zinc dust by weight, complying with DOD-P-21035 or SSPC-Paint 20. Steel railing elements shall then be painted with a two -coat inorganic zinc polyurethane paint system as specified in Section 708.03(b) of the CDOT Standard, except that the minimum dry film thickness of the top coat shall be 4.0 mils. The top coat shall be a DARK BROWN color, equivalent to federal standard 595B color #30045. Following erection of the ornamental metal work, clean any field welds made, bolted connections and abraded areas of shop paint and exposed areas, and touch up with same paint as used for shop painting. Weld plates provided along the top of the wall shall also be field - painted to match the railing. Care shall be exercised to produce a uniform finish between the shop paint and the touch-up paint. CONSTRUCTION REQUIREMENTS 514.03 Materials shall be carefully handled and stored under cover in manner to prevent deformation and damage to the materials and to shop finishes, and to prevent rusting and the accumulation of foreign matter on the metal work. All such work shall be repaired and cleaned both prior to and after erection. Work shall be erected square, plumb and true, accurately fitted, and with tight joints and intersections. Materials shall be new stock, free from defects impairing strength, durability or appearance, and of best commercial quality for each intended purpose. Connections shall be continuous -welded type for rigid construction, with weld ground smooth. Welding shall conform to applicable requirements of AWSW D1.1. Metal surfaces shall be cleaned and free from mill scale, flake, rust and rust pitting; well formed and finished to shaped and size, true to details with straight, sharp lines and angles and smooth surfaces. Exposed sheared edges shall be eased. Weld all permanent connections. Wall shall be continuous on all exposed surfaces; exposed weld shall be ground flush and smooth with voids filled with metallic filling compound. 43 -3- REVISION OF SECTION 514 PEDESTRIAN RAILING (STEEL) Pedestrian rail shall be rigidly braced and secured to surrounding construction, and shall be tight and free of rattle, vibration, or noticeable deflection during construction. Rail shall be of Architectural Quality. Exceptional care shall be taken in welding and grinding, filing and surface sanding to provide truly smooth, clean, neat, and flush construction throughout, free of all surface defects and defacements. Remove and replace work at no additional cost to the project for work of this section which is improperly located or is not true to line, and plumb within tolerances and indicated. Repair damaged components and finishes as recommended by the manufacturer and as indicated herein. METHOD OF MEASUREMENT 514.04 Pedestrian Railing (Steel) shall be measured and paid for by the linear foot from end to end of metal rail sections, as shown on plans. BASIS OF PAYMENT 515.05 The accepted quantities of the various types of rail measured as provided above will be paid for at the Contract unit price per linear foot, which shall be compensation for all labor, equipment and materials including embedded anchorage, painting, installation and adjustment required to complete the item. Payment will be made under: PAY ITEM PAY UNIT Pedestrian Railing (Steel) Linear Foot 44 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: Maximum Compressive Range (kg/m3) (Total) or Range Strength M Pa B 25 (3000 psi) 335 5 - 8 N/A at 28 da s 565 Ibs/ d3 BZ 30 (4000 psi) 362 N/A N/A at 28 da s 610 Ibs/ d3 D 30 (4500 psi) 365 to 392 5-8 0.44 at 28 days (615 to 660 Ibs/yd3) Class B concrete is an air entrained concrete for general use. Class D or H concrete may be substituted for Class B concrete. Additional requirements for Class B concrete are: Class B concrete shall have a nominal coarse aggregate size of 37.5 mm (1'/z") or smaller, i.e., 100% passing the 50 mm (2") sieve and 90% to 100% passing the 37.5 mm (1'/2") sieve. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class BZ concrete is concrete for drilled piers. Additional requirements for class BZ concrete are: Entrained air is not required unless specified in the Contract. High range water reducers may be added at the job site to obtain desired slump and retardation. Slump shall be a minimum of 125 mm (5") and a maximum of 200 mm (8"). Class BZ caisson concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class D concrete is a dense medium strength structural concrete. Class H may be substituted for Class D concrete. Additional requirements for Class D concrete are: An approved water reducing admixture shall be incorporated in the mix. Class D concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4') sieve. When placed in a bridge deck, Class D concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. 45 -2- REVISION OF SECTION 601 STRUCTURAL CONCRETE 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 Section 601.04 shall include the following: (a) Sampling and Testing. The Engineer shall obtain samples of concrete from the chute of mixer trucks after all field adjustments to the load are made by the Contractor. No additional modifications to the load will be permitted after the sample has been obtained. Sampling and testing shall be performed in accordance with the procedures set forth by ASTM C 172-97, ASTM C143-98, ASTM C1064-86(93), ASTM C231-97, ASTM C31-98, except that the last sentence of ASTM C31-98, Section 9.2.2 is hereby deleted and replaced with, "If specimens are not transported within 48 h, the molds shall be removed within 24 +/- 8 h and final curing used until transported; unless such time occurs on a non -working day. In such cases, the cylinders will be permitted to remain in Initial Curing until the end of the next normal working day". The Contractor's mix designs shall account for this modification to the ASTM Test Method standard and no adjustments to the pay reduction specification of Section 601.17 will be made for cylinders remaining in initial cure for the extended period of time as specified herein. Delete subsection 601.05 and replace with the following: 601.05 Proportioning. The Contractor shall submit a Concrete Mix Design Report consisting of design mix proportions, laboratory trial mix and aggregate data for each class of concrete being placed on the project. Concrete shall not be placed on the project before the Concrete Mix Design Report has been reviewed and approved by the Engineer. The Concrete Mix Design cannot be approved when the laboratory trial mix and aggregate data are the results from tests performed more than a year in the past. The design mix proportions shall show the weights and sources of all ingredients including cement, fly ash, aggregates, water, additives and the water cement ratio (w/c). When determining the w/c, cement (c) shall be the sum of the weight of the cement, the weight of the fly ash and the weight of silica fume. The laboratory trial mix data shall include results of the following: (a) AASHTO T 119 Slump of Hydraulic Cement Concrete. (b) AASHTO T 121 Mass per Cubic Meter (Cubic Foot), Yield, and Air Content (Gravimetric) of Concrete. Air content from AASHTO T 152 Air Content of Freshly Mixed Concrete by the Pressure Method may be used in lieu of the air content by the gravimetric method in AASHTO T 121. 46 -3- REVISION OF SECTION 601 STRUCTURAL CONCRETE (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. The maximum slump of the delivered concrete shall be the slump of the approved concrete mix design plus 1 %2". 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 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. 47 -4- REVISION OF SECTION 601 STRUCTURAL CONCRETE The Concrete Mix Design Report shall include Certified Test Reports showing that the cement, flyash and silica fume admixture meet the specification requirements and supporting this statement with actual test results. The certification for silica fume shall state the solids content if the silica fume admixture is furnished as slurry. Where the Contractor's use of fly ash results in any delay, necessary change in admixture quantities or source, or unsatisfactory work, the cost of such delays, changes or corrective actions shall be borne by the Contractor. The Contractor shall submit a new Concrete Mix Design Report meeting the above requirements when a change occurs in the source, type, or proportions of cement, fly ash, or aggregate. Unless otherwise permitted by the Engineer, the product of only one type of portland cement from one mill of any one brand shall be used in a concrete mix design. Review and approval of the Concrete Mix Design by the Engineer does not constitute acceptance of the concrete. Acceptance will be based solely on the test results of concrete placed on the project. Subsection 601.07 shall include the following: Silica fume shall be added to the mix during initial batching. Subsection 601.12 shall include the following: At the pre -placement conference, the Contractor shall present a concrete winter protection plan for acceptance by the Engineer. The accepted concrete winter protection plan shall contain information on the number and type of heat sources to be used, a sketch detailing the enclosure materials, and all other pertinent information. Sufficient equipment shall be supplied to continuously maintain the specified temperature uniformly in all parts of the enclosure. Insulated blankets on top of the bridge deck and freely circulated artificial heat below the deck will be permitted. Subsection 601.12(c) shall include the following: Before concrete placement, all ice, snow, and frost shall be completely removed from within formwork. Salt shall not be used to thaw ice, snow, or frost. Delete subsection 601.13 and replace with the following -5- REVISION OF SECTION 601 STRUCTURAL CONCRETE 601.13 Curing Concrete Other Than Bridge Decks. When the ambient temperature is below 2 C (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. 49 -6- REVISION OF SECTION 601 STRUCTURAL CONCRETE Immediately after placing fresh concrete, all concrete shall be cured by one of the following methods. The Engineer shall review for adequacy, the curing method proposed by the Contractor. (a) Water Method. All surfaces other than slabs shall be protected from the sun and the whole structure shall be kept wet throughout the curing period. Surfaces requiring a Class 2 finish may have the covering temporarily removed for finishing, but the covering must be restored as soon as possible. All concrete slabs shall be covered as soon as possible with suitable material so that concrete is kept thoroughly wet for at least five days. The concrete surface shall be kept moist at all times by fogging with an atomizing nozzle until the covering is placed. (b) Membrane Forming Curing Compound Method. Curing compound may be applied only to those surfaces, which are to receive a Class I or Class 4 final finish. A volatile organic content (VOC) compliant curing compound conforming to AASHTO M 148, Type 2 shall be used on surfaces where curing compound is allowed, except that Type 1 curing compound shall be used on exposed aggregate or colored concrete, or when directed by the Engineer. Curing compound shall not be used on construction joints. The rate of application of curing compound will be in accordance with the manufacturer's recommendation, but shall not be more than 7 mz/L (300 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. 50 6 e 214.00905 d$ .. PERENNIALS 2.25 INCH POT EA 650.00 214.01010 BRUSH LAYER CUTTING EA 450.00 216.00041 SOIL RETENTION BLANKET(STRAW/COCONUT) SY 45.00 217.00020 HERBICIDE TREATMENT HR 16.00 250.00110 HEALTH AND SAFETY OFFICER HR 20.00 304.06000 AGGREGATE BASE COURSE CLASS 6 TON 445.00 403.00720 HOT BITUMINOUS PAVEMENT PATCHING ASPHALT TON 20.00 406.09501 COLD BITUMINOUS PAVEMENT RECYCLED TON 1,193.00 411.10254 EMULSIFIED ASPHALT SLOW -SETTING GAL 10.00 412.00800 CONCRETE PAVEMENT 8 INCH SY 66.00 412.01000 CONCRETE PAVEMENT 10 INCH SY 80.00 420.00101 GEOTEXTILE EROSION CONTROL CLASS B SY 24.60 420.00110 GOETEXTILE DRAINAGE CLASS A SY 13.00 503.00024 DRILLED CAISSON 24 INCH LF 52.00 506.00212 RIPRAP 12 INCH CY 6.70 506.00218 RIPRAP (18 INCH) CY 9.00 507.00000 CONCRETE SLOPE AND DITCH PAVING CY 1.00 514.00200 PEDESTRIAN RAILING STEEL LF 180.00 601.03040 CONCRETE CLASS D BRIDGE CY 137.00 601.03050 CONCRETE CLASS D WALL CY 143.00 601.40300 STRUCTURAL CONCRETE COATING SY 246.00 602.00000 REINFORCING STEEL LB 24,788.00 603.01180 18 INCH REINFORCED CONCRETE PIPE LF 361.00 603.02245 30 X 19 INCH REINFORCED CONCRETE PIPE ELLIPTICAL LF 16.00 603.05018 18 INCH REINFORCED CONCRETE END SECTION EA 1.00 604.00305 INLET TYPE C 5 FOOT EA 2.00 604.30005 MANHOLE SLAB BASE 5 FOOT EA 1.00 607.00015 END POST SPECIAL EA 4.00 607.11300 FENCE COMBINATION WITH TREATED WOOD POST LF 3,066.00 607.11525 FENCE PLASTIC LF 817.00 608.00006 CONCRETE SIDEWALK 6 INCH SY 129.00 608.00010 CONCRETE CURB RAMP SY 81.00 608.00026 CONCRETE BIKEWAY 6 INCH SY 4,258.00 608.10010 SIDEWALK DRAIN EA 3.00 609.21010 CURB AND GUTTER TYPE 2 SEC. I-B LF 172.00 609.21020 CURB AND GUTTER TYPE 2 SEC. II-B LF 34.00 609.71000 CURB SPECIAL LF 1,260.00 610.00110 MEDIAN EDGING LF 28.00 612,00001 DELINEATOR EA 34.00 619.00002 WATER SERVICE EA 1.00 620.00020 SANITARY FACILITY EA 1.00 622.0050 BICYCLE RACK EA 1.00 622.0FORMATION IN00010 CENTER EA 1.00 622.00250 1 BENCH EA 1.00 7/96 Section 00300 Page 3 -7- REVISION OF SECTION 601 STRUCTURAL CONCRETE 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 the petrographic examination shall be removed and replaced at the Contractor's expense. 51 REVISION OF SECTION 608 DETECTABLE WARNINGS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.01 shall include the following: This work includes the installation of detectable warnings on concrete curb ramps at the locations shown on the plans and in accordance with the plans. Subsection 608.02 shall include the following: Detectable warnings on curb ramps shall be truncated domes of the dimensions shown on the plans. Domes shall be prefabricated by the manufacturer as a pattern on concrete or masonry pavers. Pavers shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes, and when installed, shall be capable of producing the pattern of domes as shown on the plans. Pavers shall meet the requirements of ASTM C 902 or ASTM C 936. Alternate materials may be used, if pre -approved by the Engineer. The Contractor shall submit a sample of the product, the name of the selected supplier, and documentation that the product meets all contrast requirements and will be fully compatible with the curb ramp surface to the Engineer for approval prior to start of work. Known vendors of alternate products include but are not limited to the following: VENDOR NAME I PRODUCT I PHONE NUMBERS TMA Construction Supply CAST in TACT Warning Panels 303-295-6050 The domes and the underlying surface shall have a minimum of 70% contrast with the light reflectivity of the adjoining surface. The contrast shall be verified using the following equation: Contrast = Bi — Bz x 100 Bi Where A = Light Reflectance Value (LRV) of the lighter area BZ = LRV of the darker area Absolute black and white will not be permitted. -2- 52 REVISION OF SECTION 608 DETECTABLE WARNINGS The contrast shall be achieved by adding pigment during the fabrication of the paver. Prior to start of work, the Contractor shall submit appropriate documentation from the manufacturer verifying that the contrast has been met, along with a sample paver, to the Engineer for approval. Bedding and joint sand shall be free of deleterious or foreign matter. The sand shall be natural or manufactured from crushed rock. Limestone screenings or stone dust shall not be used. Sand for bedding material shall conform to ASTM C 33. Sand that is to be placed between joints shall conform to ASTM C 144. Subsection 608.03 shall include the following: (g) Detectable Warnings. Pre -fabricated pavers for detectable warnings shall be brought to the site in steel banded, plastic banded or plastic wrapped cubes capable of being transported by a fork lift or clamp lift. Pavers shall be carefully removed and stacked in a manner which results in the least amount of damage. All pavers that are damaged during transport or delivery will be rejected and shall be replaced at the Contractor's expense. Minor cracks or chipping due to transport and handling that do not interfere with the structural integrity of the paver or the overall pattern of truncated domes will not be deemed as grounds for rejection. The Contractor shall spread the bedding sand evenly in the area defined and shall screed the sand to an appropriate embedment depth as shown on the plans or as directed by the Engineer. Sufficient sand should be placed to stay ahead of laid pavers Pavers shall be placed in a running bond pattern. Domes shall be aligned to create a square grid in the predominant direction of travel as shown in the plans. Pavers shall be installed such that the base of the truncated dome is at the same elevation as the adjoining surface, allowing for a smooth transition between the curb ramp and the detectable warning. When cut pavers are required to fill gaps between the pavers and the edge of concrete, the Contractor shall bevel portions of the truncated domes at a 45-degree angle to create a smooth transition between the partial dome and the curb ramp surface. Unless otherwise directed by the Engineer, pavers shall be cut and installed in such a manner that the domes on the cut sections will not significantly impact the overall pattern of the truncated domes. The Contractor shall use a plate vibrator to embed the pavers into the sand. The size and type of plate vibrator shall be in accordance with manufacturer's recommendations, or as directed by the Engineer. All pavers that are damaged during embedment shall be replaced at the Contractor's expense. Joint spacing between paver units shall be in accordance with the manufacturer's recommendations, or as approved by the Engineer. Joints shall be filled completely with joint sand. Excess sand shall be removed by sweeping. (h) Alternate products. Alternate materials shall be installed in accordance with manufacturer's recommendations. 53 -3- REVISION OF SECTION 608 DETECTABLE WARNINGS The concrete surface to which alternate materials are to be applied shall be prepared in accordance with manufacturer's recommendations. Material requirements, color and application shall be in accordance with manufacturers recommendations and as approved by the Engineer. Subsection 608.05 shall include the following: Detectable warnings on curb ramps, including sand, pavers, alternate materials, and all other work and materials necessary for fabrication, transport, and installation will not be measured and paid for separately, but shall be included in the work. 54 REVISION OF SECTION 622 REST AREA AND BUILDINGS (INFORMATION CENTER) Section 622 of the Standard Specifications is hereby revised for this project as follows: Subsection 622.01, shall include the following: This work includes fabrication and complete installation of one (1) Information Center at the MTC Trailhead. Plan and details reference this item as "Kiosk." Subsection 622.04 shall include the following: The materials and fabrication of steel structure shall be structural steel shapes and appropriate fasteners per Section 509. Performance criteria for the structures are as follows: Engineer roof system capable of withstanding 90 pounds per square foot positive and negative live load applied at 90 degrees to surface, and 250 pounds concentrated walking load applied to 4 square inches of roof panel without buckling, distorting or otherwise damaging panel. Snow load minimum 30 pounds per square foot; ground load minimum 38 pounds per square foot. Wind load; 100 mph. Shelter Manufacturers: Central Denver Iron Works, Denver, Colorado, (303) 433-3180 RCP Shelters, Florida, 1-(800) 525-0207 or equal as approved by the Engineer. The materials for the roofing shall be corrugated "S Deck" metal structural roofing, pre - finished 24-gauge hot -dipped galvanized steel, galvalume coating and custom colored finish. Color to be Fort Collins Green (RAL 6004) per Engineer directions. Roofing Manufacturers: Berridge, Houston, Texas — "S Deck" AEP-SPAN, Dallas, Texas or equal as approved by the Engineer. The materials for the bulletin board shall be 5/8" marine grade A/B plywood faced (one side) with clear polycarbonate, thickness per industry standard, and engineered to the same structural criteria as the rest of the shelter. Back of bulletin board shall be powder coated 22 gauge perforated steel with 1/8" holes on staggered'/4" centers. Frames for the bulletin board shall be structural steel and have no bolts or connectors that protrude more than 3/8". Frames shall allow for replacement of polycarbonate without damage to the frames. 55 -2- REVISION OF SECTION 622 REST AREA AND BUILDINGS (INFORMATION CENTER) The structures shall be direct buried in concrete footings. Submit engineered shop drawings for the footing and structures. Fasten the metal roofing to the steel structure per manufacturer's recommendations. Place fasteners through the high point of the corrugation. Provide steel fascia on all sides to match roofing. Subsection 622.20 shall include the following 1. Bench: 1. DuMor, Inc. 6 ft. bench, Model #94. Powder coat color: Fort Collins Green (RAL 6004), medium gloss, as indicated. As manufactured by DuMor, Inc., P.O. Box 142, Mifflintown, PA, 17059. PH: 800-598-4018, FAX: 717-436- 9839. 2. Model Victor Stanley Model RB-28 Bench. Powder coat color: Fort Collins Green (RAL 6004), medium gloss, as indicated. As manufactured by Victor Stanley, Inc. P.O. Drawer 330, Dunkirk, Maryland 20754 USA, Toll Free: (800) 368-2573 (USA & Canada), Fax: (410) 257-7579. Or equal as approved by the Engineer, meeting or exceeding the following: a. 1/2" thick by 2" wide steel end frames. b. Steel slats are formed from sections of 1/4" thick by 1 1/2" solid steel bar. c. Polished welds where the vertical steel bars meet at top of bench forming a continuous surface from the top tubular section to each ribbon. This adds structural integrity, aesthetic appeal and comfort. d. Reverse contour for comfort. e. Fully welded construction. f. All fabricated steel components are shot -blasted, chemically etched and phosphated, preheated and then electrostatically powder coated. g. Superior powder coated finish (8-10 mils thick) h. Mechanical post -coating joint sealer at every metal to metal connection to prevent rusting. 2. Bicycle Rack: 1. Kay Park Recreation Model #627PIG, surface mount Loop Style Bike Rack. Finish: Powder coat color: Fort Collins Green, medium gloss. 2 3/8" O.D. sched. 40 pipe. Available from Keystone Ridge Designs, Inc., 670 Mercer Road, P.O. Box 2008, Butler, PA, 16003-2008, 1-800-284-8208. 2. DuMor, Inc. Model #125-40. Powder coat color: Fort Collins Green (RAL 6004), medium gloss, as indicated. As manufactured by DuMor, Inc., P.O. Box 142, Mifflintown, PA, 17059. PH: 800-598-4018, FAX: 717-436-9839. Or equal as approved by the Engineer. 56 -3- REVISION OF SECTION 622 REST AREA AND BUILDINGS (INFORMATION CENTER) 3. Trash Receptacle: 1. DuMor, Inc. trash receptacle, Model #17. Powder coat color: Fort Collins Green, (RAL 6004) medium gloss, as indicated. As manufactured by DuMor, Inc., P.O. Box 142, Mifflintown, PA, 17059. PH: 800-598-4018, FAX: 717-436- 9839. 2. Model Victor Stanley Model S-42 Trash Receptacle. Powder coat color: Fort Collins Green (RAL 6004), medium gloss, as indicated. As manufactured by Victor Stanley, Inc. P.O. Drawer 330, Dunkirk, Maryland 20754 USA, Toll Free: (800) 368-2573 (USA & Canada), Fax: (410) 257-7579. 3. Or equal as approved by the Engineer meeting or exceeding the following: a. 3/8" thick vertical steel bars. b. Fully welded construction. c. 36 gallon capacity high density plastic liner. d. Adjustable leveling feet (keeps frame of receptacle off surface and level on an uneven grade). Receptacle is secured to the ground with one anchor bolt. e. All fabricated steel components are shot -blasted, chemically etched and phosphated, preheated and then electrostatically powder coated. f. Superior powder coated finish (8-10 mils thick). g. Mechanical post -coating joint sealer at every metal to metal connection to prevent rusting. 4. Drinking Fountain: 1. Most Dependable Fountains, Model 410 SM. As manufactured by Most Dependable Fountains, 5705 Commander Dr. P.O. Box 587 Arlington, TN 38002-0587 1-800-552-6331 Phone: (901) 867-0039 Fax: (901) 867-4008. 2. Haws, Model 3500D-FR with 6235 "Self Closing Faucet", barrier -free dual height free standing pedestal drinking fountain with pet fountain. All 3/16" stainless steel construction with 3/8" stainless steel bowls, powder -coated green finish (optional white, black, blue, red; or with bead blast stainless finish specify 3500SS). With vandal -resistant lead-free PCP forged brass bubbler heads, PCP cast brass waste strainers, stream adjustable push button operated pressure regulated valve. Bottom cover plate. As manufactured by Haws Corporation, P.O. Box 1999, Berkeley, CA 94701, Phone: 888.909.4297 Fax:775.359.7424. Or equal as approved by the Engineer. 57 -4- REVISION OF SECTION 622 REST AREA AND BUILDINGS (INFORMATION CENTER) Subsection 622.27 shall include the following: Shelters will be measured by the unit installed. Subsection 622.28 shall include the following: PAY ITEM PAY UNIT Information Center Each Bench Each Bicycle Rack Each Trash Receptacle Each Drinking Fountain Each m REVISION OF SECTION 628 BRIDGE GIRDER AND DECK UNIT Section 628 is hereby added to the Standard Specifications for this project as follows: DESCRIPTION 628.01 This work consists of the design, fabrication, delivery to the project site, and erection of a simple span, welded self -weathering steel, truss pedestrian bridge with a concrete deck in accordance with the specifications and plan details. Potential bridge suppliers are: 1. Continental Custom Bridge Company Route 5, Box 178 Alexandria, Minnesota 56308 1-800-328-2047, FAX 612-852-7067 2. Steadfast Bridges P.O. Box 806 Fort Payne, Alabama 35967 1-800-749-7515, FAX 205-845-9750 3. Excel Bridge Manufacturing Company 12001 Shoemaker Avenue Santa Fe Springs, California 90670 1-800-548-0054, FAX 213-944-4025 4. Big R Manufacturing and Distributing, Inc. P.O. Box 1290 Greeley, Colorado 80632 1-800-234-0734, FAX 1-970-356-9621 MATERIALS 628.02 Structural Steel. All structural steel shall be new (unused) material. The Contractor shall provide the Engineer with copies of all certified mill test reports for all structural steel and bolts. Floor beams, stringers, and members of each Half -through truss (upper and lower chords, diagonals, end posts and vertical posts) utilized in the bridges shall meet a longitudinal Charpy V-notch (CVN) value of 15 ft. lbs. at 40 degrees Fahrenheit. Testing shall be in accordance with AASHTO T 243 (ASTM A 673). The H frequency of heat testing shall be used. The Contractor shall provide the Engineer with certified copies of all CVN test reports. All square and rectangular structural steel tubing shall conform to the requirements of ASTM A 847, Cold -Formed Welded and Seamless High Strength, Low Alloy Structural Tubing With Improved Atmospheric Corrosion Resistance. 59 -2- REVISION OF SECTION 628 BRIDGE GIRDER AND DECK UNIT All square and rectangular structural steel tubing shall conform to the requirements of ASTM A 847, Cold -Formed Welded and Seamless High Strength, Low Alloy Structural Tubing With Improved Atmospheric Corrosion Resistance. All structural steel shapes and plates shall conform to the requirements of ASTM A 588, High - Strength Low -Alloy Structural Steel. All anchor bolts and nuts shall conform to the requirements of ASTM A 307, Grade A, Carbon Steel Bolts and Studs, and shall be galvanized in accordance with the requirements of ASTM A 153. Each anchor bolt shall be provided with two nuts for jamming. All structural steel field connections shall be bolted with high strength bolts. High strength bolts, including suitable nuts and plain hardened washers, shall conform to the requirements of ASTM A 325. Bolts shall be Type 3. CONSTRUCTION REQUIREMENTS 628.03 Design. The AASHTO Guide Specifications for Design of Pedestrian Bridges and Division I (design) of the AASHTO Standard Specifications for Bridges shall govern the design. The superstructure of the pedestrian bridge shall consist of two parallel Half -through trusses, with at least one diagonal per panel. The trusses shall be the main load -carrying members of the bridge. The members of each Half -through truss (upper and lower chords, diagonals, end posts, and vertical posts) shall be fabricated from square and rectangular structural steel tubing. Floor beams and stringers shall be fabricated from structural steel shapes or square and rectangular structural steel tubing. The structure shall conform to the clear span, clear width, and railing requirements shown on the plans. The trusses shall be cambered such that the walkway surface conforms to the vertical profile as shown on the plans, plus any additional camber required to account for the dead load deflection of the pedestrian bridge. Pedestrian bridges shall be designed for the following loads and loading conditions: 1. Dead load shall be as defined in Section 3.3 of the AASHTO Standard Specifications, 2. Live load shall be as defined in the AASHTO Guide Specifications. Distribution to the stringer and floor beams shall be in accordance with Section 3 of the CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 -00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 FEDERAL FORMS SPECIFICATIONS GEOTECHNICAL STUDY 07/2001 Section 00020 Page 2 622.00270 BOLLARD EA x'w 2.00 622.00350 TRASH RECEPTACLE EA 1.00 622.00400 DRINKING FOUNTAIN EA 1.00 626.00000 MOBILIZATION LS 1.00 628.00001 BRIDGE GIRDER AND DECK UNIT 120' - 4" EA 2.00 630.10005 1 TRAFFIC CONTROL LS 1.00 TOTAL SUM OF CONTRACTOR BID ITEMS: $ 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (250) of the total Agreement Price. RESPECTFULLY SUBMITTED: Signature Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address Telephone Date 7/96 Section 00300 Page 4 -3- REVISION OF SECTION 628 BRIDGE GIRDER AND DECK UNIT AASHTO Standard Specifications. Deflection and vibration limits as per the AASHTO Guide Specifications shall apply. Pedestrian live load shall be as defined in the AASHTO Guide Specifications, and used in load group I of the AASHTO Standard Specifications, Section 3. Pedestrian live load may be reduced to 65 pounds per square foot for the design of the primary support elements (trusses), as defined in the AASHTO Guide Specifications for Design of Pedestrian Bridges. Live load reductions shall not be applied to the bridge deck and floor system design. Vehicle live load shall be for a 20,000 pound light vehicle loading, as defined by the AASHTO Guide Specifications, and used in load group IB of the AASHTO Standard Specifications, Section 3. Distribution to the stringer and floor beams shall be in accordance with Section 3 of the AASHTO Standard Specifications. Deflection and vibration limits as per the AASHTO Guide Specifications shall apply. 3. Wind load shall be as defined by the AASHTO Guide Specifications, and used in load group V of the Standard Specifications, Section 3. Allowable loads in the structural steel members and weld metal shall be in accordance with Section 10 of the AASHTO Standard Specifications. Minimum thickness of structural steel shall be 3/16 of an inch. All welded tubular connections shall be designed in accordance with Section 2, Parts A and D (Delete Subsection 2.36.6), of the Structural Welding Code -Steel ANSI/AWS/D1.1-96. Continuous wooden bicycle rub rails shall be provided, placed a minimum of 42" above the bridge deck. Vertical picket rails shall be provided by the manufacturer and spaced to provide maximum openings of 4 inches. Continuous toe plates shall be provided by the manufacturer for the length of the bridge. The picket rails and toe plates shall be placed so that no gaps greater than 4 inches vertically or horizontally exist between the finished bridge deck and the top truss elements for the entire bridge length. The design and shop drawings for the pedestrian bridge shall show the concrete deck and reinforcing required. The concrete and reinforcing steel (not included in bridge contract — to be provided by others) shall conform to Sections 601 and 602, respectively. CDOT Class D concrete shall be assumed in the design. 61 -4- REVISION OF SECTION 628 BRIDGE GIRDER AND DECK UNIT The Contractor shall submit six sets of Design Calculations and Shop Fabrication Details (Shop Drawings) for each pedestrian bridge separately. This submittal shall be in accordance with Subsection 105,02. The Design Calculations and Shop Drawings shall contain the endorsement seal of the Professional Engineer registered in the State of Colorado responsible for the design. 628.04 Shop Fabrication. Welding and fabrication of weathering steel pedestrian bridges shall conform to the requirements of the Structural Welding Code -Steel ANSI/AWS D1.1-96 as amended by the following: As required in Subsection 4.7.3, a welding procedure shall be established by qualification in accordance with the requirements of Subsection 3.3 for the ASTM A 847 material used on the bridge. The results of the Procedure Qualification shall be recorded on Form E-1 page 298 and 302 of AWS D1.1-96. 2. The Contractor shall submit a Quality Control Plan. The Plan shall include personnel qualifications, certifications, and a Written Practice in accordance with ASNT SNT-TC-1A. 3. The quality of all welds shall be in accordance with Section 6, Table 6.1. In Table 6.1, Undercut 7(B), the criteria for primary members shall apply to the bottom chord members. 4. All Complete Joint Penetration Groove Welds in butt joints in the bottom chord members shall be 100% Magnetic Particle tested in accordance with ASTM E 709. Acceptance shall be determined in accordance with Section 6.10 and Table 6.1, using Alternating Current. In addition, complete joint penetration groove butt welds welded from one side without backing of bottom chord members shall be examined by ultrasonic testing in accordance with Section 6.11.1. 5. Magnetic Particle Testing shall be performed 100% on all attachment welds to the bottom chord, using Alternating Current, in accordance with Section 6.10 and Table 6.1. 6. All Procedure Qualification Records and Welder Qualification Test Records shall be current within three years of the date of beginning fabrication. 7. A copy of all Procedure Qualification Records, Welder Qualification Test Records, Quality Control Plan and all visual and nondestructive test reports shall be provided to: a. The Engineer. b. Design Construction Branch Inspection Unit 4201 E. Arkansas Ave. Denver, Colorado 80222 62 -5- REVISION OF SECTION 628 BRIDGE GIRDER AND DECK UNIT All weathering steel shall be blast cleaned, Steel Structures Painting Council Surface Preparation No. 6 (SSPC-SP6, Commercial Blast Cleaning), to remove mill scale and foreign material which would prohibit rusting to a uniform color. 628.05 Field Construction. The substructure shall be constructed in accordance with the details shown in the plans and the pedestrian bridge shop drawings. The pedestrian bridge supplier shall include in the shop drawings for the pedestrian bridge the anchor bolt requirements (including number of bolts required, size, spacing and location) needed to properly construct the substructure to accommodate the proper erection of the structure being provided. The Engineer shall be provided with two copies of detail sheets delineating these requirements before work begins. METHOD OF MEASUREMENT 628.06 Pedestrian bridge will be measured by the Bridge Girder and Deck Unit installed and accepted. BASIS OF PAYMENT 628.07 The accepted quantity shall be paid for at the contract unit price for the pay unit listed below. Payment will be made under: PAY ITEM PAY UNIT Bridge Girder and Deck Unit (120'-4") Each Payment shall be full compensation for all work necessary to complete the item, which shall include design, fabrication, transportation to the bridge site, and erection. The substructure shall be measured and paid for separately. The cost of the anchor bolts shall be included in Item 628. Payment will not be made for this item until all required reports, certifications, and forms have been submitted to the Engineer. m TRAFFIC CONTROL PLAN - GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in Subsection 630.09. The components of the TCP for this project are included in the following: • City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control Devices (U.S. Department of Transportation), or applicable statutory requirements of authority having jurisdiction. Fort Collins Handbook takes precedence over Manual of Uniform Traffic Control Devices. • Section 630 of the specifications. • Revision of Sections 100, 104 and 108 of these Project Specifications. • Standard Plan S-630-1, Traffic Controls for Highway Construction, Case and Standard Plan S-630-2. • Permanent Traffic Signal Plans • Signing and Striping Plans Special Traffic Control Plan requirements for this project are as follows: A. The Contractor shall submit his own detailed Traffic Control Plan for the work for approval by the Owner. The submittal shall be made at least two weeks before implementation of any element of the plan. Adjustments to the approved plan may be required by the Owner based on actual traffic operation. B. Closures of City streets will not be allowed. C. Lane closures on Harmony Road shall be allowed as approved by the City of Fort Collins Traffic Engineer. During all phases of construction a minimum of one lane in each direction shall remain open on Harmony Road. D. The Contractor shall maintain pedestrian and bicycle movements through the project site. The Traffic Control plan shall address the method of handling these movements. E. The Contractor shall, at all times, provide for emergency vehicle access into and through the construction site. F. Keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. G. Keep fire hydrants and water control valves free from obstruction and available for use at all times. H. Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. 64 -2- TRAFFIC CONTROL PLAN - GENERAL I. Provide and maintain continual temporary access for businesses and residences. J. Roadway Usage Between Operations - At all times when work is not actually in progress, Contractor shall make passable and shall open to traffic such portions of the project and temporary roadways or portions thereof as may be agreed upon between Contractor and Owner and all authorities having jurisdiction over any properties involved. K. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless directed. M. The Contractor shall coordinate Traffic Control activities with the City of Fort Collins Traffic Engineering and Electric Departments to assure that work activities by those departments are coordinated with the Contractor's activities. At the least 48 hours notice is required. N. The Contractor shall maintain 12' lanes throughout the project. 65 UTILITIES The following Utilities are known to be within the project limits: Utility/Agency Contact Phone Sanitary Sewer - City of Fort Collins Roger Buffington (970) 221-6854 Water — City of Fort Collins Roger Buffington (970) 221-6854 Storm Water — City of Fort Collins Glen Schlueter (970) 224-6065 Electric — City of Fort Collins Doug Martine (970) 224-6152 Forester— City of Fort Collins Ralph Zentz (970) 221-6302 Lighting — City of Fort Collins Doug Martine (970) 224-6152 Gas — Xcel Energy Randy Blank (970) 225-7847 Telephone — Qwest Bill Johnson (970) 377-6401 Cable TV — Comcast Dennis Greenwalt (970) 484-7166 Railroad — Burlington Northern and Santa Fe Scott Peterson (307) 432-7346 Sanitary Sewer/Water — Fort Collins/Loveland Terry Farrill (970) 226-3104 Water District; South Fort Collins Sanitation District New Mercer Ditch John Andrew (303) 297-9005 The work described in these plans and specifications will require full coordination between the Contractor and the Utility Companies, in accordance with Subsection 105.06 and while performing their respective operations, so the utility work can be completed with minimum delays to all parties concerned. The following utility work shall be performed by the Contractor: The Contractor shall be responsible for coordinating the adjustment of all utilities on this project and scheduling the work to coincide with construction activities. The Contractor shall keep each utility company advised of any work being done to their facilities by the contractor's forces, so that each utility company can coordinate their inspections for final acceptance with the Engineer. Provide written notice to each utility company, with a copy to the Engineer, prior to any work by a utility company that is to be coordinated with project construction. A minimum of three (3) calendar weeks of prior notice is required. If needed, or as directed by the Engineer, the Contractor shall provide traffic control for any utility work to be coordinated with the project's construction, in accordance with an approved Method of Handling Traffic (MHT). Payment to be made via contract bid item(s). The Contractor shall coordinate with the Fort Collins/Loveland Water District for the installation of a water tap adjacent to the proposed trailhead parking lot. 119 -2- UTILITIES The Contractor shall coordinate with the New Mercer Ditch regarding the reconstruction of the ditch structure located adjacent the new pedestrian bridge/retaining wall. The New Mercer Ditch will be in use from April 1 through October 31, discharging an average of about 45 cfs and a maximum of about 70 cfs. A temporary diversion structure can be constructed to facilitate the permanent construction of the ditch structure. It will be necessary for the Contractor to furnish the New Mercer Ditch and the City with a temporary diversion structure design for approval if the permanent structure construction is proposed to occur between April 1 and October 31. Construction of the temporary diversion structure shall be incidental to the work if elected to be designed and constructed. The Contractor shall coordinate with the City of Fort Collins Electric regarding the installation of pedestrian lighting and the City of Fort Collins Traffic Department regarding the installation of traffic signal equipment. The following utility work shall be performed by the Utility Company or their agents: The City of Fort Collins Electric — Provide street lights and power sources for pedestrian lighting and new traffic signal. Reset electrical poles in conflict with the trail system. 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 three (3) business days prior to commencing such operations. Contact the Utility Notification Center of Colorado (UNCC) to have locations of UNCC-registered lines marked by member companies. Call 1-800-922-1987 for locate requests outside the Denver Metro area. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavation or grading. The location of utility facilities, as shown on the plans and profile sheets and described herein, 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. 67 FORCE ACCOUNT ITEMS This special provision contains the estimate for force account items included in the Contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. Basis of Payment Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor. Estimated Force Account Item Quantity Amount F/A 01 Minor Contract Revisions 1 FA $ 50,000" F/A 02 On -the -Job Trainee 0 Hours $ 0 F/A 03 OJT Colorado Training Program 1 FA $ 300 F/A 04 Erosion Control 1 FA $ 5,000 F/A 05 Railroad Flagging 1 FA $ 5,000 F/A 06 Water Taps 1 FA $ 17,500 Force Account Item Descriptions: F/A 01 Minor Contract Revisions payments are for contract adjustments authorized through contract modification orders. F/A 02 On -the -Job Trainee payment is made for on-the-job trainee used on this project. F/A 03 OJT Colorado Training Program payment is made for cost of maintaining on-the-job training program in compliance with the provisions of On -The -Job Training in the Standard Special Provisions. F/A 04 Erosion Control payment is for any unforeseen stormwater issues that require erosion control but not included in the 208 items listed in the summary of approximate quantities. The work shall be approved by the Engineer prior to purchasing and placing any erosion control items. If justification is not proven before implementation, payment will not be made. F/A 05 Railroad Flagging payments will be made to BNSF forces for flagging as required to oversee structure construction of and around the BNSF railroad tracks. F/A 06 Water Taps payment will be made to Fort Collins/Loveland Water District for water service connection to District main water line. RAILROAD REQUIREMENTS-BNSF General This project includes construction work on the rights -of -way and/or properties of The Burlington Northern and Santa Fe Railway Company (hereinafter called "Railroad") and adjacent to the tracks, wire lines, and other facilities of Railroad. That portion of this project involving a hazard to the Railroad, due to the Contractor's operations, is estimated to be 10 percent of the total project. The Department of Transportation of the State of Colorado and City of Fort Collins (hereinafter collectively called "Department") does not guarantee the accuracy of this estimated percentage and assumes no responsibility or liability for losses incurred by the Contractor or any insurance underwriter in relying upon the accuracy of the estimate in any manner whatsoever. The Contractor and subcontractors shall cooperate with the officers and the authorized representatives of the Railroad and its tenants to the end. The Contractor's work shall be begun, conducted, and completed in such manner as to cause no interference whatsoever with the safety or the continuous and uninterrupted use and operation of the tracks, wire lines, and other facilities belonging to the Railroad or its tenants. For the benefit of the Contractor and the Insurer(s), the current railroad traffic at the project area is estimated at: 8 train movements per day, at maximum speeds of 40 MPH. The plans for this project, affecting the Railroad, are subject to approval by the Railroad and changes in plans may be required after award of Contract. Such changes are subject to the approval of the Department and the Railroad. Before commencing any work on Railroad's properties, the Contractor shall notify: Mr. Andy Amparan Manager Public Projects The Burlington Northern and Santa Fe Railway Company 4515 Kansas Ave. Kansas City, KS 66106 (913) 551-4964 phone (913) 551-4077 fax For flagging and inspection services required by Railroad, contact: Mr. Ron Rogen (Interim) Division Engineer The Burlington Northern and Santa Fe Railway Company 3700 Globeville Road Denver, CO 80216 Phone: (303) 480-6393 FAX: (303) 480-7463 All notices and correspondence with the Railroad shall contain the project number and location. Conforming copies of such notices and correspondence shall be submitted to the Department's Engineer. We -2- RAILROAD REQUIREMENTS-BNSF Said notices to be given in writing at least ten days in advance of the date on which the Contractor expects to begin such work. Notice shall also be given within ten days following completion and acceptance of such work. The Contractor shall comply with all rules and regulations prescribed by the Railroad, as to the proper manner of protecting the tracks (and the traffic moving thereon), telephone, telegraph and signal wires, and other property of the Railroad or its tenants at and in the vicinity of the project during the time such work is being performed, and all costs for complying with such rules and regulations shall be borne by the Contractor. The Contractor shall enter into agreement with the Railroad in the form of attached "Exhibit C" and "Exhibit C-V or latest versions thereof provided by the Railroad. All costs and fees for entering into said agreement with the Railroad shall be borne by the Contractor. The Railroad shall assign to the Contractor flagmen for the protection of train operations where necessary. All costs for such flagmen shall be as provided in Railroad Flagging herein. The Contractor shall hold the Railroad harmless and indemnify it from and against any and all loss, damage, claims, demands, causes of action, cost and expenses of whatsoever nature arising out of damage to or destruction of property whatsoever, where such injury, death, damage, or destruction results from any cause due to work done in connection with the construction of the project on or in close proximity to railroad property and shall also release the Railroad from and shall waive any claim for injury or damage to the work under construction or to the property which may result from the construction, maintenance, and operation of railroad tracks, wire lines, pipe lines, and other railroad facilities on said right-of-ways of the Railroad, SAVE AND EXCEPTING any death, damage, or destruction resulting solely from the negligent acts or omissions of the Railroad, its officers, agents, or employees. Railroad Insurance Policy or policies of Insurance, set forth in the Standard Special Provisions titled RAILROAD INSURANCE and as shown in Section 2 of Exhibit "C-1", shall be furnished to the Department's Staff Construction Engineer for transmittal to the Railroad. If there is a difference in coverage amounts, the higher amounts shall be provided. All such insurance shall be maintained so long as work shall continue in the vicinity of Railroad property. If any part of the Contract work on Railroad's properties is sublet, similar insurance shall be provided by or in behalf of each subcontractor. Contract Requirements The Contractor shall comply with the Railroad requirements of attached "Exhibit C" and "Exhibit C-1 ". 2. The Contractor and Railroad covering all construction on proposals shall be in writing. shall agree, in advance, upon methods and procedures Railroad's properties. When required by Railroad, such 70 COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATION OF EEO COMPLIANCE Instructions: Bidders and subcontractors must complete and submit this form with bid proposals for federally funded contracts greater than $10,000. This is required by the Equal Employment Opportunity Regulations [41 CFR 60-1.7(b) (1)]. The regulation also requires that if you have participated in a previous contract or subcontract and have not filed a Standard Form 100 (EEO- 1), you cannot be awarded this contract. You may file a report covering the delinquent period for consideration by the Federal Highway Administration or the Director of the Office of Federal Contract Compliance, U.S. Department of Labor. The Standard Form 100 (EEO-1) may be requested from the: Joint Reporting Committee P.O. Box 779 Norfolk, VA 23501 (757)461-1213 1. ❑ Yes ❑ No I have developed and have on file at each establishment an affirmative action program as required by 41 CFR Chapter 60, Part 60-2. 2. ❑ Yes ❑ No I have participated in a previous contract/subcontract subject to the equal opportunity clause. 3. ❑ Yes ❑ No I have filed with the Joint Reporting Committee, the Director, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements. I declare under penalty of perjury in the second degree and any other applicable state or federal laws, that the state- ments made in this document are true and complete to the best of my knowledge. Company bidder ❑ proposed subcontractor By: Title: Date: CDOT Form #347 11/94 -3- RAILROAD REQUIREMENTS-BNSF 3. The Contractor shall comply with Federal Railway Administration requirements regarding Roadway Worker Protection. (See Section 1.02.01 of Exhibit "C" for additional BNSF requirements.) Information regarding the BNSF Contractor Safety Orientation program is available at the following website: www.contractororientation.com. There is an $11/person cost to the Contractor for this training program. Work To Be Done By Railroad Furnish personnel for protection and inspection services. Railroad Flagging The Contractor shall notify the Railroad in writing 10 days prior to beginning and 48 hours prior to stopping any work that will require protective services. The Contractor shall notify the Railroad five days prior to canceling protective services. It is estimated that one flag person will be required. During the construction period, all flagging and protective services shall be performed strictly in accordance with directives and instructions issued by the Railroad. Contractor shall confer with the Railroad for the times, locations, and manner of such protective measures. Flagging services will be performed by Section men. The estimated pay rate for each flag person is $500 per day for an 8-hour day with time and one-half for overtime, Saturdays, Sundays, and holidays. Related costs included in the hourly rate covers vacation allowances, paid holidays, retirement and unemployment, public liability and property damage insurance, health and welfare, and supervision. This rate is subject to any increases which may result from Railroad Employees -Railroad Management negotiations or which may be authorized by Federal authorities. For information, the estimated cost of flagging services for this project is $5,000, but is not limited to that figure. To the extent of the actual cost, the Department will reimburse the Contractor for all approved flagging hereunder. The cost of flagging required subsequent to the Contract time expiration date or any approved extension of time shall be borne by the Contractor. The Railroad will bill the Contractor monthly at the current rates of pay for flagging services furnished and the Contractor shall pay the Railroad within 30 days after receipt of bills. The Department will reimburse the Contractor under the planned force account item "Railroad Flagging". 71 EXHIBIT "C" CONTRACTOR REQUIREMENTS 1.01 General 1.01.01 The Contractor shall cooperate with THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the construction of the Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail 1.01.02 The Contractor shall plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. 1.01.03 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. 1.01.04 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental, health and safety. The Contractor shall be responsible for and indemnify and save Railway harmless from all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. 1.01.05 The Contractor shall notify the Department and Railway's Manager Public Projects, Andy Amparan, telephone number (913)551-4964 at least thirty (30) working days before commencing any work on Railway Property. Contractors notification to Railway, shall refer to Railroad's file March 17, 2005 Indefinite Term Lease — Land City of Fort Collins CO (Effective April 1, 2005). MTC Trail. 1.01.06 For any falsework above any tracks or any excavations located, whichever is greater, within twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 1 1/2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor shall furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing shall include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. All calculations shall take into consideration railway surcharge loading and shall be designed to meet American Railway Engineering and Maintenance -of -Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations shall be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor shall not begin work until notified by the Railway that plans have been approved. The Contractor shall be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case shall the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. 1.01.07 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor shall have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 1.02 Agreement 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees shall enter Railway Property without first having completed the BNSF Contractor Safety Orientation course. The Contractor shall ensure that at a minimum its on -site Project Supervisor(s) have completed the BNSF Safety Orientation course and that each of its employees, subcontractors, agents or invitees has completed the same Safety Orientation course before any work is performed on the Project. 1.03 Railway Requirements 1.03.01 The Contractor shall take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement shall be paid for by the Agency. 1.03.02 The Contractor shall notify the Railway's Division Engineer Ed Gallagher at (303) 480- 6393 and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. 1.03.03 The Contractor shall abide by the following clearances during construction: • 25-0" Horizontally from centerline of nearest track. • 22'-6" Vertically above top of rail (Temporary Falsework Clearance may be reduced to 21'-6". Subject to Railway and Public Utilities Commission approval) • 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts • 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts • 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts • 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts 1.03.04 Any infringement within State statutory clearances due to the Contractor's operations shall be submitted to the Railway and to the Department and shall not be undertaken until approved in writing by the Railway, and until the Department has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. 73 1.03.05 In the case of impaired vertical clearance above top of rail, Railway shall have the option of installing tell -tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell -tales or protective devices shall be borne by the Agency. 1.03.06 The details of construction affecting the Railway's Property and tracks not included in the contract plans shall be submitted to the Railway by the Contractor for approval before work is undertaken and this work shall not be undertaken until approved by the Railway. 1.03.07 At other than public road crossings, the Contractor shall not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor shall obtain a "Temporary Private Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing shall be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor shall be at the expense of the Contractor. 1.03.08 Discharge, release or spill on the Railway Property of any hazardous substances in excess of a reportable quantity or any hazardous waste is prohibited and Contractor shall immediately notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills. Contractor shall not allow Railway Property to become a treatment, storage facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. 1.03.09 The Contractor upon completion of the work covered by this contract, shall promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and shall cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Safety Action Plan 1.04.01 Each Contractor shall develop and implement a Safety Action Plan which shall be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor shall audit it's compliance with the Safety Action Plan. The Contractor shall designate an on -site Project Supervisor who shall serve as the contact person for the Railway and who shall maintain a copy of the Safety Action Plan and subsequent audits at the job site for inspection and review by the Railway at any time during the course of the project. The Safety Action Plan shall contain, but not be limited to the following; Contractors Employee Safety Safety Orientation (Sec 1.02.01) Job Briefings (Sec1.06.01 & 1,06.02) Personal Protective Equipment ( Sec 1.06.08) Protection of Railway Facilities and Railway Flagger Services (Sec 1.03.05 & 1.05) Protection of Contract Employees working nearer than 25 feet from any track (Sec 1.06.03) Work After Hours (Sec 1.06.04) Contractor Employee Training Personal Injury Reporting (Sec 1.09) Accident Investigation and Analysis High Risk Work Areas/Situations 74 Notification of Damage to Railway property or hazards that could affect the safe operation of trains (Sec 1.06.06) Falsework/Shoring affecting the integrity of tracks (Sec 1.01.06) Clearances affecting the integrity of train operations (Sec 1.03.03) Moving Equipment and Materials across Railway's tracks (Sec 1.03.07) Security of Machines, Equipment and Vehicles (Sec 1.06.10) Power line Safety (Sec 1.06.12) Excavation Safety (Sec 1.07) High Risk Employees Alcohol and Drug Use (Sec 1.06.05) Firearms or Deadly Weapons (Sec 1.06.07) Property Damage, Housekeeping and Clean-up (Sec 1.03.01 & 1.03.09) Storage of Materials (Sec 1.06.09) Facility Auditing Compliance with Laws (Sec 1.01.04) Hazardous Substances and Materials Discharges, Releases and Spills (Sec 1.03.08) Hazardous Materials encountered in excavations (Sec 1.08) 1.05 Protection of Railway Facilities and Railway Flagger Services: 1.05.01 The Contractor shall give a minimum of 10 working days notice to Scott Peterson, the Railways Roadmaster at (307)432-7346, in advance of when flagging services will be required. 1.05.02 Railway flagger and protective services and devices will be required and furnished when Contractors work activities are located over or under of and within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned outside of 25-foot horizontally from track centerline that could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: 1.05.02a When in the opinion of the Railway's Representative it is necessary to safeguard Railway's Property, employees, trains, engines and facilities. 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. 75 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. 1.05.03 Flagging services will be performed by qualified railway flaggers. The base cost for (1) Flagger is $500.00 for Vacation Allowance, Paid Holidays, Railway and Unemployment Insurance, Public Liability and Property Damage Insurance and Health and Welfare Benefits, Transportation, meals, lodging and Supervision, for an eight (8)-hour basic day with time and one-half or double time for overtime, rest days and Holidays. This rate is subject to any increases which may result from Railway Employees -Railway Management negotiations or which may be authorized by Federal authorities. 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. 1.05.03b Each time a flagger is called, the minimum period for billing shall be the eight (8) hour basic day. 1.05.03c The cost of flagger services provided by the Railway, when deemed necessary by the Railway's representative, will be borne by the Department. 1.05.03d The average train traffic per 24-hour period on this route is 8 freight trains at a timetable speed of 40 MPH and 0 passenger trains at a timetable speed of N/A MPH and 0-1 switch engine movements. 1.06 Contractor General Safety Requirements 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track shall be in compliance with FRA Roadway Worker Protection Regulations. 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing shall be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). 1.06.03 Workers shall not work nearer than 25 feet to the centerline of any track without proper flag/work protection provided by the Railway, unless the track is protected by track bulletin and work has been authorized by the Railway. If flag/work protection is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the flag/work protection, (3) the method of communication to stop and resume work, and (4) entry into flag/work limits when designated. Men or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing if working at less than 25 feet from center line of track. 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railroad's representative in charge of the project must be notified. A minimum of two employees shall be present at all times. 76 1.06.05 Any Contractor employee, its subcontractors employee, agents or invitees under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. 1.06.06 Any damage to Railway Property, or if any hazard is noticed on passing trains, shall be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with a track, signal equipment, or structure (bridge) could result in a train derailment and shall be reported by the quickest means possible to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and shall be posted at the job site. 1.06.07 All persons are prohibited from having pocket knife with blade in excess of three (3) inches, firearms or other deadly weapons in their possession while working on Railway's Property. 1.06.08 All personnel protective equipment used on Railway Property shall meet applicable OSHA and ANSI specifications. Railway personnel protective equipment requirements are; a) safety glasses: permanently affixed side shields; no yellow lenses, b) hard hats with high visibility orange cover, c) safety shoes: hardened toe, above -the -ankle lace -up with a defined heel and d), high visibility retro-reflective orange vests are required as specified by the Railroad's representative in charge of the project. Hearing protection, fall protection and respirators will be worn as required by State and Federal regulations. 1.06.09 The Contractor shall not pile or store any materials, machinery or equipment closer than 25-0" to the center line of the nearest Railway track. At highway/rail at -grade crossings materials, machinery or equipment shall not be stored or left temporarily which interferes with the sight distances of motorists approaching the crossing. Prior to beginning work, the Contractor, will establish a storage area with concurrence of the Railroad's representative. 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water shall meet all Federal, State and Local regulations. 1.06.12 All power line wires must be considered dangerous and of high voltage unless Contractor has been informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load shall be; 200 KV or below - 15 feet, 200 to 350 KV - 20 feet, 350 to 500 KV - 25 feet, 500 to 750 KV - 35 feet, 750 to 1000 KV - 45 feet and if capacity of the line is not known, minimum clearance of 45 feet must be maintained. A person shall be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 77 1.07 Excavation 1.07.01 Before excavating, it must be ascertained by the Contractor if there are any underground pipe lines, electric wires, or cables, including fiber optic cable systems that either cross or run parallel with the track which are located within the Projects work area. Excavating on Railway's Property could result in damage to buried cables resulting in delay to Railway traffic, including disruption of service to users resulting in business interruptions involving loss of revenue and profits. Before any excavation commences, the Contractor must contact the Railway's Signal Supervisor and Roadmaster. All underground and overhead wires must be considered HIGH VOLTAGE and dangerous until verified with the company having Ownership of the line. It is also the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. 1.07.02 The Contractor must cease all work and the Railway must be notified immediately before continuing excavation in the area if obstructions are encountered that do not appear on drawings. If the obstruction is a utility, and the Owner of the utility can be identified, then the Owner should also be notified immediately. If there is any doubt about the location of underground cables or lines of any kind, no work will be performed until the exact location has been determined. There will be no exceptions to these instructions. 1.07.03 All excavations shall be conducted in compliance with applicable OSHA regulations and regardless of depth shall be shored where there is any danger to tracks, structures or personnel. 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non -containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor shall immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railways Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non -Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Representative no later than the close of shift on the date of the injury. 78 NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. 1. Accident City/St County: (if non-BNSF location) 5. Social Security # 6. Name (last, first, mi) 7. Address: Street: 8. Date of Birth: 2. Date: 3. Temperature: _ City: Time: 4. Weather St. Zip: and/or Age Gender: (if available) 9. (a) Injury: (b) Body Part: (i.e. (a) Laceration (b) Hand) 11. Description of Accident (To include location, action, result, etc.): 12. Treatment: ❑ First Aid Only ❑ Required Medical Treatment ❑ Other Medical Treatment 13. Dr. Name 30. Date: 14. Dr. Address: Street: City: St: Zip: 15. Hospital Name: 16. Hospital Address: Street: City: St: Zip: 17. Diagnosis: FAX TO RAIL WAY AT (817) 352-7595 AND COPY TO RAILWAY REPRESENTATIVE AT 79 EXHIBIT "C-1" AGREEMENT BETWEEN THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND THE CONTRACTOR THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY Attention: Manager Public Projects Railway File: Department Project: Gentlemen: The undersigned, hereinafter referred to as Contractor, has entered into a Contract dated , 20_, with the Department for the performance of certain work in connection with the project in the performance of which work the Contractor will necessarily be required to conduct operations within THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY ("Railway"), right of way and property ("Railway Property"). The Contract provides that no worts shall be commenced within Railway Property until the Contractor employed in connection with said work for Department shall have executed and delivered to Railway an Agreement, in the form hereof, and shall have provided insurance of the coverage and limits specified in said Contract and Section 2 of this Agreement. If this Agreement is executed by other than the Owner, General Partner, President or Vice President of Contractor, evidence is furnished to you herewith certifying that the signatory is empowered to execute this Agreement for the Contractor. Accordingly, as one of the inducements to and as part of the consideration for Railway granting permission to Contractor to enter upon Railway Property, Contractor, effective on the date of said Contract, has agreed and does hereby agree with Railway as follows: Section 1. RELEASE OF LIABILITY AND INDEMNITY Contractor agrees to release Railway from any claims arising from the performance of this Agreement which Contractor or any of its employees, subcontractors, agents or invitees could otherwise assert against Railway, regardless of the negligence of Railway, except to the extent that such claims are proximately caused by the intentional misconduct or gross negligence of Railway. Contractor shall indemnify and hold harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or failure to perform any obligation hereunder. THE LIABILITY ASSUMED BY CONTRACTOR SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE :1 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 as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Contractor's firm or company name By Date Title 2nd contractor's firm or company name. (If joint venture.) By Date Title Sworn to before me this day of, 20 Notary Public My commission expires NOTE: This document must be signed in ink. CDOT Form #606 1102 PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR SHALL INCLUDE ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it shall adjust and settle all claims made against Railway, and shall, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway shall give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor shall proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, shall defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement shall survive any termination of this Agreement. Section 2. INSURANCE. (a) Before commencing any work under this Agreement, Contractor must provide and maintain in effect throughout the term of this Agreement insurance, at Contractor's expense, covering all of the work and services to be performed hereunder by Contractor and each of its subcontractors, as described below: (1) Workers' Compensation coverage as is required by State law. THE CERTIFICATE MUST CONTAIN A SPECIFIC WAIVER OF THE INSURANCE COMPANY'S SUBROGATION RIGHTS AGAINST THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY. (2) Commercial General Liability and automobile insurance covering liability, including but not limited to Public Liability, Personal Injury, Property Damage and Contractual Liability covering the obligations assumed by Contractor in Section 1, with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. Where explosion, collapse, or underground hazards are involved, the X, C, and U exclusions must be removed from the policy. (3) Railroad Protective Liability insurance stating The Burlington Northern and Santa Fe Railway Company is the Named Insured covering all of the liability assumed by the Contractor under the provisions of this Agreement with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. Coverage shall be issued on a standard ISO form CG 00 35 01 96 and endorsed to include ISO form CG 28 31 10 93 and the Limited Seepage and Pollution Endorsement (see attached copy). The average train traffic per 24-hour period on this route is 8 freight trains at a timetable speed of 40 MPH and 0 passenger trains at a timetable speed of N/A MPH and 0-1 switch engine movements. All insurance shall be placed with insurance companies licensed to do business in the States in which the work is to be performed, and with a current Best's Insurance Guide Rating of A- and Class VII, or better. In all cases except Workers' Compensation and Railroad Protective Liability coverage the certificate must specifically state that THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY IS AN ADDITIONAL INSURED. Any coverage afforded Railway, the Certificate Holder, as an Additional Insured shall apply as primary and not excess to any coverage issued in the name of Railway. (b) Such insurance shall be approved by the Railway before any work is performed on Railway's Property and shall be carried until all work required to be performed on or adjacent to Railway's Property under the terms of the contract is satisfactorily completed as determined by Department, and thereafter until all tools, equipment and materials not belonging to the Railway, have been removed from Railway's Property and Railway Property is left in a clean and presentable condition. The insurance herein required shall be obtained by the Contractor and Contractor shall furnish Railway with an original certificate of insurance, signed by the insurance company, or its authorized representative, evidencing the issuance of insurance coverage as prescribed in (a) 1, 2 and 3 above, plus the original Railroad Protective Liability insurance policy to: Attention: Laurie Bishop The Burlington Northern and Santa Fe Railway Company Maintenance Field Support 4501 Kansas Avenue Kansas City, Kansas 66106 The certificate of insurance shall guarantee that the policies will not be amended, altered, modified or canceled insofar as the coverage contemplated hereunder is concerned, without at least thirty (30) days notice mailed by registered mail to Railway. 82 Full compensation for all premiums which the Contractor is required to pay on all the insurance described hereinafter shall be considered as included in the prices paid for the various items of work to be performed under the Contract, and no additional allowance will be made therefore or for additional premiums which may be required by extensions of the policies of insurance. It is further distinctly understood and agreed by the Contractor that its liability to the Railway herein under Section1 will not in any way be limited to or affected by the amount of insurance obtained and carried by the Contractor in connection with said Contract. The Railway file reference number and location information shown at the top of this Agreement, must appear on any original insurance policies or certificates of insurance sent to Railway by the Contractor. Section 3. The Contractor will observe and comply with all the provisions, obligations and limitations to be observed by Contractor which are contained in the subdivision of the specifications of said Contract, entitled EXHIBIT "C", CONTRACTOR REQUIREMENTS, and shall include, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 4. Contractor shall be responsible to Railway, including its affiliated railway companies, and its tenants for all damages for any unscheduled delay to a freight or passenger train that affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment and train service employees' contractual loss of incentive pay and bonuses, and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing Railway Work. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use, Contractor will be billed per freight train hour at an average rate of 385.33 in 1997) with annual adiustments) per hour per train as determined from Railway's record. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. In addition to the above damages, passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer. Under these arrangements, if Railway does not meet its contract service commitment, Railway may suffer loss of performance or incentive pay or be subject to a penalty payment. Contractor shall be responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor, or subcontractors. As example, a train arrives 30 minutes after its contract service commitments and Railway is assessed damages per terms of the contract. Either Contractor, and/or subcontractors, caused a 29 minute delay to the train and therefore are not responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway. 83 As example, a train arrives 30 minutes after its contract service commitments and Railway is assessed damages per terms of the contract. Either Contractor, and/or subcontractors, caused a 31 minute delay to the train and therefore are 100% responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the maximum extent consistent with Railway confidentiality obligations. Damages for train delay for certain trains could be as high as $50,000.00 per incident. Contractor and subcontractors shall plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. Kindly acknowledge receipt of this letter by signing and returning to the undersigned two original copies of this letter, which, upon execution by Railway, shall constitute an Agreement between us. Yours truly, (Contractor) The Burlington Northern and Santa Fe Railway Company Vice President and Chief Engineer (Title) Accepted this _day of , 20 Address City, State, Zip LIMITED SEEPAGE, POLLUTION AND CONTAMINATION COVERAGE ENDORSEMENT WORDING In consideration of the premium charged it is understood and agreed that Exclusion f. of Coverage A. of this Policy shall not apply to the liability of the Insured resulting from seepage and/or pollution and/or contamination caused solely by: a) unintended fire, lightning or explosion: or b) a collision or overturning of a road vehicle: or c) a collision or overturning or derailment of a train. Notwithstanding the foregoing it is agreed that the coverage provided by this Endorsement shall not apply to: loss of, damage to or loss of use of property directly or indirectly resulting from sub -surface operations of the Insured, and/or removal of, loss of or damage to sub -surface oil, gas or any other substance; 2. any site or location used in whole or in part for the handling, processing, treatment, storage, disposal or dumping of any waste materials or substances; 3. the cost of evaluating and/or monitoring and/or controlling seeping and/or polluting and/or contaminating substances; 4. the cost of removing and/or nullifying and/or cleaning up seeping and/or polluting and/or contaminating substances on property at any time owned and/or leased and/or rented by the insured and/or under the control of the Insured. Notwithstanding the foregoing, Item 1 does not apply to tunnels. 85 Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail July, 2005 Standard Special Provisions CDOT Project No. AQC M455-056 CDOT Subaccount No. 13647 STANDARD SPECIAL PROVISIONS for Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail Bid No. 5931 City of Fort Collins PURCHASING DIVISION 215 North N Mason Street, 2"d Floor, Fort Collins August 30, 2005 — 3:OOP.M. (Our Clock) FHU Reference No. 02-181 Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail July, 2005 Standard Special Provisions CDOT Project No. AQC M455-056 CDOT Subaccount No. 13647 COLORADO DEPARTMENT OF TRANSPORTATION CITY OF FORT COLLINS, COLORADO MASON STREETIHARMONY ROADIFOSSIL CREEK BIKE/PEDESTRIAN TRAIL STANDARD SPECIAL PROVISIONS No. of Date Pages Revision of Sections 101 - Holidays (May 31, 2001) 1 Revision of Sections 101 & 105 - Duties of the Engineer (Nov. 5, 1999) 1 Revision of Sections 101 & 108 - Workplace Violence (March 15, 2002) 1 Revision of Section 103 - Contract Bonds (Nov. 5, 1999) 1 Revision of Section 104 - Value Engineering Change Proposals (May 26, 2005) 5 Revision of Sections 105 - Conformity with Plans and Specifications (May 26, 2005) 5 Revision of Sections 105 - Violation of Working Time Limitation (July 21, 1999) 1 Revision of Sections 105 & 618 - Contractor Submittals (March 18, 2005) 1 Revision of Section 106 - Certificates of Compliance and Certified Test Reports (March 18, 2005) 2 Revision of Sections 106 & 620 - Qualification of Testing Personnel and Laboratories (Oct. 4, 2001) 1 Revision of Section 107 - Project Safety Planning (May 26, 2005) 3 Revision of Section 107 - Responsibility for Damage Claims, Insurance Types and Coverage Limits (May 26, 2005) 2 Revision of Sections 107 & 412 - Concrete Wastewater Containment (March 11, 2004) 1 Revision of Section 108 - Liquidated Damages (June 13, 2003) 1 Revision of Section 108 - Project Schedule (March 4, 2002) 2 Revision of Section 108 - Subletting of Contract (Sept. 6, 2002) 1 Revision of Section 109 - Measurement of Quantities (July 21, 1999) 1 Revision of Section 109 - Retainage and Partial Payments (August 26, 2004) 2 Revision of Section 109 - Adjustments for Changes in Common Carrier Rates (May 31, 2001) 1 Revision of Section 206 - Shoring (July 18, 2003) 2 Revision of Section 208 - Erosion Control (March 11, 2004) 4 Revision of Section 208 - Erosion Control Supervisor (March 6, 2003) 1 Revision of Section 208 - Stabilized Construction Entrance (March 11, 2004) 1 Revision of Section 209 - Dust Palliatives (May 31, 2001) 1 Revision of Section 601 - Concrete Construction Tolerances (Oct. 14, 2003) 1 Revision of Section 601 - Structural Concrete (June 13, 2003) 13 Revision of Section 601 & 708 - Structural Concrete Coating (July 21, 1999) 3 Revision of Section 602 - Installation of Tie Wire (March 4, 2002) 1 Revision of Sections 614 & 630 - Retroreflective Sign Sheeting (August 26, 2004) 1 Revision of Section 630 - Construction Zone Traffic Control (May 26, 2005) 4 Revision of Section 630 - Method of Handling Traffic (Oct. 14, 2003) 1 Revision of Section 630 - NCHRP 350 Requirements (August 26, 2004) 1 Revision of Section 630 - Portable Sign Storage (May 26, 2005) 1 Revision of Section 701 - Hydraulic Cement (March 6, 2003) 2 Revision of Section 703 -Concrete Aggregates (March 6, 2003) 1 Revision of Section 706 -Concrete Pipe (Dec. 20, 2001) 1 Affirmative Action Requirements - Equal Employment Opportunity (July 21, 1999) 10 Disadvantaged Business Enterprise - Definitions and Requirements (August 26, 2004) 12 Minimum Wages Colorado, U.S. Department of Labor General Decision Numbers C0030014 and C0030015, Mod 12, Highway Construction, Statewide (May 6, 2005) 9 FHU Reference No. 02-181 Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail July, 2005 Standard Special Provisions CDOT Project No. AQC M455-056 CDOT Subaccount No. 13647 -2- COLORADO DEPARTMENT OF TRANSPORTATION CITY OF FORT COLLINS, COLORADO MASON STREET/HARMONY ROAD/FOSSIL CREEK BIKE/PEDESTRIAN TRAIL STANDARD SPECIAL PROVISIONS No. of Date Pages On the Job Training (Dec. 20, 2002) 4 Railroad Insurance (July 21, 1999) 1 Required Contract Provisions — Federal -Aid Construction Contracts (July 21, 1999) 10 Special Notice to Contractors (May 26, 2005) 4 FHU Reference No. 02-181 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. November 5, 1999 REVISION OF SECTIONS 101 AND 105 DUTIES OF THE ENGINEER Sections 101 and 105 of the Standard Specifications are hereby revised for this project as follows: Delete subsection 101.47 and replace with the following: 101.47 Project Engineer. The Chief Engineer's duly authorized representative who may be a CDOT employee or an employee of a consulting engineer (consultant) under contract to CDOT as defined below: (a) CDOT Project Engineer. The CDOT employee, assigned by the Resident Engineer, who is the Chief Engineer's duly authorized representative. The CDOT Project Engineer is in direct charge of the work and is responsible for the administration and satisfactory completion of the project under contract. (b) Consultant Project Engineer. The consultant employee under the responsible charge of the consultant's Professional Engineer who is in direct charge of the work and is responsible for the administration and satisfactory completion of the project. The Consultant Project Engineer's duties are delegated by the CDOT Resident Engineer in accordance with the scope of work in the consultant's contract with CDOT. The Consultant Project Engineer is not authorized to sign or approve Contract Modification Orders. Add Subsection 101.85 as follows: 101.85 CDOT Resident Engineer. The Resident Engineer is directly responsible for the overall administration of assigned construction projects. Unless the CDOT Project Engineer is a Professional Engineer, the Resident Engineer is CDOT's full time engineer in responsible charge of the project. The Resident Engineer will delegate authority to Project Engineers consistent with their experience and abilities. Only a CDOT Resident Engineer can approve and sign vouchers for interim and final Contractor pay estimates. Only a CDOT Resident Engineer can authorize and sign changes to the Contract if the Project Engineer is a Consultant Employee. Delete subsection 105.09 and replace with the following: 105.09 Authority and Duties of the Project Engineer. The Project Engineer has immediate charge of the administration and engineering details of each construction project. The Project Engineer has the authority to exercise all duties and responsibilities of the Engineer contained in the Contract, except those specifically retained by the Chief Engineer. The CDOT Project Engineer and the CDOT Resident Engineer are the only representatives of the Chief Engineer authorized to sign Contract Modification Orders. The Project Engineer is responsible for initial decisions relating to Contractor claims for additional compensation or extension of contract time filed pursuant to subsection 105.17, STATE OF COLORADO DEPARTMENT OF TRANSPORTATION 4201 E. Arkansas Avenue, B404 OT Denver, CO 80222 A NOTICE CHANGES TO CDOT'S GOOD FAITH EFFORT AND UDBE COMMITMENT PROCESS This letter contains important information for you about a 6-month Pilot project that CDOT will implement on all CDOT construction projects (including Local Agency projects) that are advertised after September 1, 2004 and will apply to bid openings beginning September 23, 2004. Please read the information carefully. If you have aM questions about how this will apply to you and the forms you submit to CDOT, please call the phone number listed below to discuss your questions with someone from the Business Programs Office. The CDOT Form #714 (Underutilized DBE Bid Conditions Assurance), which is attached, has been updated to require all Contractors bidding on CDOT Construction projects to list their UDBE commitment information for the project at the time of bid opening. This information includes the names of the UDBE firms they will use, the items of work committed to them and their percent of the contract. Please take special note of the changes made in the text at the bottom of the form: "The actual amounts submitted on each CDOT Form #715 must equal or exceed the percentage commitments documented on this form. In addition, if my company does not meet the DBE/UDBE goal for this project, I must submit a completed CDOT Form #718 (Underutilized DBE Good Faith Effort Documentation) before the above stated deadline. CDOT Form #715s submitted for firms not included on this form, OR for amounts exceeding those listed on this form, will be accepted but NOT counted as Good Faith Efforts Only the efforts the contractor made QKiff to the bid opening will count as Good Faith Efforts." As always, the low bidder must submit their CDOT Form #715's (Certificate of Proposed Underutilized DBE Participation) by 4:00 pm the day after the bid opening. During the Pilot project, if the low bidder doesn't commit on the CDOT Form #714, enough UDBE participation to meet the UDBE goal for the project, they will be required to submit their Good Faith Efforts by 4:00 pm the day after the bid opening. CDOT will evaluate only the good faith efforts made by the contractor pEigr to the bid opening. Any UDBE Participation submitted on CDOT Form #715's that exceeds the participation submitted on the CDOT Form #714 will be accepted as additional UDBE participation, but will not be counted as Good Faith Efforts and will not exempt a contractor from fulfilling the Good Faith Efforts requirements. CDOT will evaluate the results of this Pilot project after 6 months to determine whether CDOT will make the pilot process or a similar process a permanent requirement. These changes are being communicated by letter to all Prequalified Contractors, all DBEs, all ESBs, and any other finn that has been used as a subcontractor on a CDOT project within the past year. Also, a Notice about the change and the new CDOT Form #714 will be placed in each plan set sold by CDOT's plans room during the 6-month Pilot period, and the Business Programs Office will schedule informational meetings for Contractors and subcontractors to discuss the process. Questions about the Pilot project should be directed to the Business Programs Office at (303) 757-9234. 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. 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. May 26, 2005 -1- REVISION OF SECTION 104 VALUE ENGINEERING CHANGE PROPOSALS Section 104 of the Standard Specifications is hereby revised for this project to include the following: Delete subsection 104.07 and replace with the following: 104.07 Value Engineering Change Proposals by the Contractor. The Contractor is encouraged to develop and offer proposals for improved construction techniques, alternative materials and other innovations. Proposals must provide a project comparable to the CDOT's original design either at lower cost or improved quality, or both. No proposals will be accepted that lowers the quality of the intended project. Bid prices shall not be based on the anticipated approval of a Value Engineering Change Proposal (VECP). Proposals shall be submitted only by the successful bidder after contract award. If a VECP is rejected, the work shall be completed in accordance with the Contract at contract bid prices. Any delay to the project due to a VECP submittal and review shall be considered within the Contractor's control and will be non -excusable with the exception of those delays that are approved as part of the VECP. Proposals shall be categorized as VECP (Category A) or VECP (Category B). VECP (Category A)s will be all proposals that involve the design and construction of a structure including but not limited to a bridge, retaining wall, concrete box culvert, or building. A VECP (Category A) will also include any proposal that would result in a change of original bid items that totals over $250,000. Alternatives investigated and not selected in the project Structural Selection Reports may be presented in a VECP, if significant benefits can be demonstrated to the Engineer. In addition, any design criteria and constraints listed in the Structural Selection Report can not be modified or relaxed as part of a VECP unless significant and previously unknown benefits can be proven to the Engineer. Experimental or demonstration -type design concepts, products, structures, or elements that have not been pre -approved by CDOT, in writing, for general use will be considered a VECP (Category A). Category A proposals will also result in a realized and shared cost savings to CDOT. Cost savings generated to the Contract as a result of VECP offered by the Contractor and accepted by the CDOT shall be shared between the Contractor and the CDOT. All other VECPs that do not meet the previous requirements will be classified as a VECP (Category B). Net cost savings on VECPs that are less than $25,000 can be kept by the Contractor. Net cost savings greater than $25,000 shall be split equally between the Contractor and CDOT as defined in the Basis of Payment section of this specification. Both VECP (Category A) and VECP (Category B) will produce savings to the CDOT or provide improved project quality without impairing essential functions and characteristics of the facility. Essential functions include but are not limited to: service life, requirements for planned future development, prior commitments to governmental agencies or the public, corridor requirements, economy of operation, ease of maintenance, desired appearance, safety, and impacts to the traveling public or to the environment during and after construction. The Contractor may submit either a full VECP or a preliminary Conceptual VECP, followed by a full proposal. These proposals are subject to rejection at any time if they do not meet the criteria outlined in this subsection. (a) Submittal of Conceptual Proposal. For a VECP (Category A) that requires a significant amount of design or other development resources, the Contractor may submit an abbreviated Conceptual Proposal for preliminary evaluation. The Engineer will evaluate the information provided. The Contractor will then be advised in writing if any conditions or parameters of the Conceptual Proposal are found to be grounds for rejection. Preliminary review of a conceptual proposal reduces the Contractor's risk of subsequent rejection but does not commit the CDOT to eventual approval of the full VECP. The following information shall be submitted for each Conceptual Proposal: May 26, 2005 -2- REVISION OF SECTION 104 VALUE ENGINEERING CHANGE PROPOSALS (1) Statement that the proposal is submitted as a Conceptual VECP (2) General description of the difference between the existing Contract and the proposed change, and the advantages and disadvantages of each, including effects on service life, requirements for planned future development, prior commitments to governmental agencies or the public, corridor requirements, economy of operation, ease of maintenance, desired appearance, safety, and impacts to the traveling public or to the environment during and after construction. The Contractor shall request in writing the necessary information from the Engineer. (3) One set of conceptual plans and a description of proposed changes to the Contract specifications (4) Estimate of the anticipated cost savings or increase (5) Statement specifying the following: (I) when a response to the conceptual proposal from the CDOT is required to avoid delays to the existing contract prosecution (ii) the amount of time necessary to develop the full Proposal (III) the date by which a Contract Modification Order must be executed to obtain maximum benefit from the Proposal (iV) the Proposal's impact on time for completing the Contract (b) Submittal of Full Value Engineering Change Proposal. The following materials and information shall be submitted for both a Category A and VECP (Category B): (1) A statement that the proposal is submitted as a VECP: (2) A description of the difference between the existing Contract and the proposed change, and the advantages and disadvantages of each, including effects on service life, requirements for planned future development, prior commitments to governmental agencies or the public, corridor requirements, economy of operation, ease and cost of maintenance, desired appearance, safety, and impacts to the traveling public or to the environment during and after construction. . The Contractor shall request in writing the necessary information from the Engineer. (3) A complete set of plans and specifications showing the proposed revisions relative to the original Contract. This portion of the submittal shall include design notes and construction details. The proposed plans and specifications shall be signed and sealed by the Contractor's Engineer. (4) A cost comparison, summarizing all of the items that the proposed VECP replaces, reduces, eliminates, adds, or otherwise changes from the original Contract work, including all impacts to traffic control, detours and all other changes. The cost comparison shall not include cost savings resulting from purportedly decreased inspection or testing requirements, or CDOT overhead; All costs and proposed unit prices shall be documented by the Contractor. (5) A statement specifying the date by which a Contract Modification Order must be executed to obtain the maximum cost reduction during the remainder of the Contract and the date when a response from the CDOT is required to avoid delays to the prosecution of the Contract. May 26, 2005 -3- REVISION OF SECTION 104 VALUE ENGINEERING CHANGE PROPOSALS (6) A statement detailing the effect the Proposal will have on the time for completing the Contract. (7) A description of any previous use or testing of the proposed changes and the conditions and results. If the Proposal was previously submitted on another CDOT project, the proposal shall indicate the date, Contract number, and the action taken by the CDOT. (8) An estimate of any effects the VECP will have on other costs to the CDOT. (9) A statement of life cycle costs, when appropriate. Life cycle costs will not be considered as part of cost savings but shall be calculated for additional support of the Proposal. A discount rate of four percent shall be used for life cycle calculations. (c) Evaluation. VECP will be evaluated by CDOT in accordance with the CDOT Construction Manual. Additional information needed to evaluate Proposals shall be provided in a timely manner. Untimely submittal of additional information will result in rejection of the Proposal. Where design changes are proposed, the additional information shall include results of field investigations and surveys, design and computations, and changed plan sheets required to develop the design changes. 1. The Engineer will determine if a Proposal qualifies for consideration and evaluation. The Engineer may reject any Proposal that requires excessive time or costs for review, evaluation, or investigation. The Engineer may reject proposals that are not consistent with the CDOT's design and criteria for the project. 2. VECP, whether or not approved by the CDOT, apply only to the ongoing Contracts referenced in the Proposal and become the property of the CDOT. Proposals shall contain no restrictions imposed by the Contractor on their use or disclosure. The CDOT has the right to use, duplicate and disclose in whole or in part any data necessary for the utilization of the Proposal. The CDOT retains the right to utilize any accepted Proposal or part thereof on other projects without obligation to the Contractor. This provision is subject to rights provided by law with respect to patented materials or processes. 3. If the CDOT is already considering revisions to the Contract or has approved changes in the Contract that are subsequently proposed in a VECP, the Engineer will reject the Proposal and may proceed to implement these changes without obligation to the Contractor. 4. The Contractor shall have no claim against the CDOT for additional costs or delays resulting from the rejection or untimely acceptance of a VECP. These costs include but are not limited to: development costs, loss of anticipated profits, increased material or labor costs, or untimely response. 5. Proposals will be rejected if equivalent options are already provided in the Contract. 6. Proposals that only reduce or eliminate contract pay items will be rejected. 7. The cost savings and other benefits generated by the Proposal must be sufficient to warrant review and processing, as determined by the Engineer. 8. A proposal changing the type or thickness of the pavement structure will be rejected. 9. No VECP proposal can be used to alter incentive and disincentive rates and maximums on A+B projects. May 26, 2005 -4- REVISION OF SECTION 104 VALUE ENGINEERING CHANGE PROPOSALS 10. Right of Way cannot be bought as part of a VECP to eliminate phasing on a project. 11. A VECP changing the design of a structure maybe considered by the CDOT, if the design meets the following conditions: (1) The design shall not involve detouring of traffic onto local roads or streets to an extent greater than the original plans, unless previously approved by the affected local agencies (2) The design has the same roadway typical section as the original plans (3) The design meets or exceeds the benefits of the construction -handling or traffic phasing scheme shown in the original plans (4) The design meets or exceeds all environmental commitments and permit requirements of the original Contract. (5) The design shall not increase environmental impacts beyond those of the original Contract. (6) The design meets or exceeds the vertical and horizontal clearances and hydraulic requirements shown in the original plans (7) The design has the same or greater flexibility as the original design to accommodate future widening (8) The design shall not change the location of the centerline of the substructure elements, without demonstrating substantial benefits over the original plans (9) The design shall not change the grade or elevation of the final riding surface, without demonstrating substantial benefits over the original plans (10) The design shall match corridor future development plans, architectural, aesthetic and pavement requirements, if applicable (11) The design shall not adversely impact the CDOT's Bridge Inspection, maintenance or other long- term costs or operations. (12) The design shall meet all CDOT design standards and policies (13) The design shall include all additional costs and coordination necessary to relocate utilities (14) Major structure designs provided by the Contractor shall include an independent plan review and design check by a Professional Engineer registered in the State of Colorado and employed by a firm other than the engineer -of -record. This design review will be performed at no additional cost to CDOT and shall be included in the Contractor's engineering costs. (15) The Contractor shall provide CDOT with all design calculations, independent design check calculations, a rating package for each bridge prepared in accordance with the current CDOT Bridge Rating Manual, and a record set of quantity calculations for each structure. 12. The Engineer will reject all or any portion of the design or construction work performed under an approved VECP if unsatisfactory results are obtained. The Engineer will direct the removal of such rejected work and require construction to proceed under the original Contract requirements without reimbursement for work performed under the proposal, or for its removal. If a structure design VECP meets these and all other requirements, the CDOT may, at its sole option, accept or reject the proposal. (d) Basis of Payment. If the VECP is accepted, a Contract Modification Order will authorize the changes and payment. Reimbursement will be made as follows: May 26, 2005 -5- REVISION OF SECTION 104 VALUE ENGINEERING CHANGE PROPOSALS The changes will be incorporated into the Contract by changes in quantities of unit bid items, new agreed unit price items, lump sum or any combination, as appropriate, under the Contract. Unless there is a differing site condition as described in subsection 104.02, the Contractor shall not receive additiona' compensation for quantity overruns, design errors, supplemental surveys, geotechnical investigations, additional items or other increases in cost that were not foreseen in the accepted VECP, unless otherwise approved by the Engineer. 2. For all VECPs, the incentive payment shall be calculated as follows: (gross cost of deleted work) - (gross cost of added work) _ (gross savings) (gross savings) - (Contractor's engineering costs) - (CDOT's engineering costs) _ (net savings) Any net savings less than $25,000 can be kept by the contractor. If the net savings are greater than $25,000 then the amount over $25,000 will be shared equally with CDOT and calculated as follows: (net savings)- $25,000 = shared savings Contractor's total incentive = (shared savings) /2 + $25,000 The Contractor's engineering costs will be reimbursable only for outside consultant costs that are verified by certified billings. CDOT's engineering costs shall be actual consultant costs billed to CDOT and extraordinary in-house personnel labor costs. These labor costs will be calculated at the fixed amount of $50.00 per hour per employee. Project personnel assigned to the field office or who work on the project on a regular basis shall not be included in CDOT's portion of the cost. 3. At the completion of the VECP design work, the Contractor shall furnish the CDOT any additional documentation such as surveys, geotechnical reports, documentation or calculations and shop drawings required to complete the work. At the completion of the project, the Contractor shall furnish the CDOT with PE -stamped Record sets, and As -Constructed plans showing the VECP work. (e) Contractor Appeal Process. Appeals can only be made on VECP (Category A)s. The Prime Contractor submitting the VECP may file a one-time appeal to the Region Transportation Director (RTD) on the denial of any VECP (Category A). The Contractor must have a valid reason for the appeal and the decision of the Region Transportation Director will be final. May 26, 2005 1 REVISION OF SECTION 105 CONFORMITY WITH PLANS AND SPECIFICATIONS Section 105 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 105.03 and replace with the following: 105.03 Conformity with Plans and Specifications. All work performed and all materials furnished shall conform to the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown in the Contract. For those items of work where working tolerances are not specified, the Contractor shall perform the work in a manner consistent with reasonable and customary manufacturing and construction practices. When the Engineer finds that the materials furnished, the work performed, or the finished pro uct does not conform with the Contract but that reasonably acceptable work has been produced, the 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 material at no cost to the department. Materials will be sampled and tested by the Department in accordance with the sampling and testing schedules and procedures contained in the Department's Field Materials Manual. The approximate maximum quantity represented by each sample will be as set forth in the schedules. An additional number of samples in relation to the quantity of material represented may be selected and tested at the Engineer's discretion. The quantity represented by five consecutive random samples will constitute a lot whenever production schedules and material continuity permit. The Engineer may establish a lot consisting of the quantity represented by any number of consecutive random samples from one to seven inclusive when it is necessary to represent short production runs, significant material changes, or other unusual characteristics of the work. Tests that are determined to have sampling or testing errors will not be used. Materials or work will be evaluated for price reduction only when deviations from specifications occur on any of the several individual tests for the lot. The several individual test values will be averaged and the percent of price reduction for the lot will be determined by applicable formula. The formula in (a) and (b) below will be used only when the lot is represented by three to seven tests inclusive. (a) The formula, P = (Xn + aR- Tu)F., will be used if a maximum limit only is specified or; when the average of the several test values is above the mid point of the specification band or above the job -mix formula value. (b) The formula, P = (TL + aR- Xn)F. will be used if a minimum limit only is specified or; when the average of the May 26, 2005 2 REVISION OF SECTION 105 CONFORMITY WITH PLANS AND SPECIFICATIONS several test values is below the mid point of the specification band or below the job -mix formula value. (c) When the lot is represented by fewer than three tests, the materials will be evaluated for price reduction by the following procedure: Lots represented by two tests will be divided into two separate lots represented by one test each, as determined by the Engineer. Each lot which deviates from the specifications will be price reduced by one of the following formulae. When a maximum limit only is specified or the test value is above the maximum specified limit, the formula P = 0.76, (To-Tu)F will be used. When a minimum limit only is specified or the test value is below the minimum specified limit, the formula P = 0.7Fj(TL-To)F will be used. When a lot is represented by one test only, the materials will be evaluated for price reduction as described in this paragraph. Where: "P" is the percent of reduction in contract price, "Xn" is the average of the several test values from samples taken from the lot, with "n" indicating the number of values, "a" is a variable factor to be used in "n" changes according to the following: when n is 3, a = 0.45; n is 4, a = 0.38; n is 5, a = 0.33; n is 6, a = 0.30; and n is 7, a = 0.28. "R" is the difference between the highest and lowest values in the group of several test results from the lot, "Tu" is the upper or maximum tolerance limit permitted by the specifications, "TL" is the lower or minimum tolerance limit permitted by the specifications, and "To" is the test value of the test which deviates from the specifications, "F" is price reduction factor to be applied for each element as shown in the following table: TABLE OF PRICE REDUCTION FACTORS Element............................................................................................................................Factor ,.F., 100 percent size sieve..................................................................................................................... 1 12.5 mm (1/2") sieve and larger.......................................................................................................1 150 µm (No. 100) sieve to 9.5 mm (3/8") sieve inclusive (except 100 percent size sieve)........................................................................................ 3 75 ym (No. 200) sieve..................................................................................................................... 6 75 pim (No. 200) sieve (cover coat material)................................................................................. 25 Compaction, bituminous mixtures (Sections 301 and 403)............................................................. 7 LiquidLimit.......................................................................................................................................3 PlasticityIndex...............................................................................................................................10 Asphalt content, (all asphalt- aggregate mixtures)........................................................................ 20 Asphaltpenetration.......................................................................................................................... 1 Asphaltresidue................................................................................................................................ 3 Portland Cement Concrete Pavement Fine Aggregate Sand Equivalent ..................................... 0.3 HydratedLime Gradation.............................................................................................. 0.3 Toughness, inch -pounds, minimum................................................................................0.8 Tenacity, inch -pounds, minimum.................................................................................... 0.8 Elastic Recovery, 25°C, percent minimum..................................................................... 1.25 Ductility, 40C (5cm/min) cm, minimum........................................................................... 1.25 Emulsified Asphalt Viscosity........................................................................................................ 0.5 Emulsified Asphalt Float............................................................................................................ 0.05 Emulsified Asphalt % Residue...................................................................................................... 3.0 May 26, 2005 3 REVISION OF SECTION 105 CONFORMITY WITH PLANS AND SPECIFICATIONS Emulsified Asphalt Ductility......................................................................................................... 2.0 Emulsified Asphalt Penetration..................................................................................................... 1.0 Emulsified Asphalt Elastic Recovery ...........................................................................................1.0 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 Matrix Asphalt 0.60 403-Hot Bituminous Pavement" Hydrated Lime Gradation 0.60 The P value for hydrated lime shall be applied to the price 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 = (Pl100) X Multiplier X Price per Unit X Quantity. If no multiplier is listed no adjustment to the computed P is required. This is equivalent to a multiplier of one. Price reduction for those elements which are not included in the Table of Price Reduction Factors will be determined by the Engineer. STATE OF COLORADO DEPARTMENT OF TRANSPORTATION 4201 E. Arkansas Avenue, B404 QT Denver, CO 80222 APRIL 2005 NOTICE CHANGES TO CDOT'S GOOD FAITH EFFORT (GFE) AND UDBE COMMITMENT PROCESS TO CONTINUE UNTIL FURTHER NOTICE Last September, CDOT implemented a 6-month Pilot project on all construction projects (including Local Agency projects) that were advertised after September 1, 2004. The Pilot made changes to CDOT's Good Faith Efforts (GFE) and UDBE Commitment process and applied to bid openings beginning September 23, 2004. The purpose of this notice is to inform all firms bidding on CDOT construction projects that CDOT's Chief Engineer has directed CDOT to extend the GFE Pilot project, as implemented in September of 2004, until CDOT has the opportunity to assess the results of the Pilot and to issue final guidelines for the GFE and UDBE Commitment Process. Please read August 23, 2004 NOTICE for details on the Pilot process which Contractors should continue to follow until further notice. It is located on CDOT's "Project Bidding" page at: http://www.dot.state.co.us/biddin2/Newstlasli4.doc When the final guidelines are issued, CDOT will send a mailed notification to all Prequalified Contractors, all DBEs, all ESBs, and any other firm that has been used as a subcontractor on a CDOT project in the past year. Any questions or input you may have about the continuation of the Pilot project should be directed to the Business Programs Office at (303) 757-9234. May 26, 2005 4 REVISION OF SECTION 105 CONFORMITY WITH PLANS AND SPECIFICATIONS 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*/sind, 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 • [Tm m - Tos] , Where Tps = Temperature in °C where G*/sin = 2.20 kPa Tspe,= Appropriate test temperature in "C for binder specified from Table 702-2 (2) Low Service Temperature Requirements from Table 702-2: The m-value of Pressure Aging Vessel (PAV) aged binder will be measured at the appropriate temperature (Tspec) as specified in Table 702-2. If the m-value is less than 0,300, the test temperature at which the m- value = 0.300 will be determined. A "P" of 3 shall be applied for each degree C the material temperature must be raised above the specified test temperature to achieve an m-value of 0.300. Price adjustments for low service temperature properties will be calculated as follows: P(low) = 3 • [Tm - TspeJ Where Tm = Temperature in °C where m-value = 0.300 Tspee 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)] • [(1/100) • (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)] • [(1/100) • (Contract Unit price for PG Binder)] (4) Price reductions based on the "F" factors in the Table of Price Reduction Factors will be added to the P (low) and P (high) price reductions described in 105.03. Other binder requirements listed in Table 702-2 will be tested, but will not be considered for price reduction calculations. However, the Contractor shall not be allowed to continue to produce mix with out of specification Superpave PG asphalt binder. If two consecutive samples fail to meet all requirements listed in 702-2, the Contractor shall take corrective action before being allowed to continue production of Hot Bituminous Pavement. If proper corrective measures cannot be readily May 26, 2005 REVISION OF SECTION 105 CONFORMITY WITH PLANS AND SPECIFICATIONS determined, the Engineer will suspend the use of such material until the Engineer can determine from Laboratory tests that the Contractor can provide material that is in compliance with Table 702-2. The Contractor will not have the option of accepting a price reduction in lieu of producing specification material. Continued production of non -specification material will not be permitted. Material which is obviously defective may be isolated and rejected without regard to sampling sequence or location within a lot. July 21, 1999 REVISION OF SECTION 105 VIOLATION OF WORKING TIME LIMITATION Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.03 shall include the following: If there is a violation of the working time limitations for traffic control as set forth in the special provisions, a written notice to stop work will be imposed on the Contractor at the start of the next working day. Work shall not resume until the Contractor assures the Engineer, in writing, that there will not be a reoccurrence of the working time violation. If more violations take place, the Engineer will notify the Contractor in writing that there will be a price reduction charge for each incident in accordance with this specification. This incident price reduction charge will be deducted from any money due the Contractor. This price reduction will not be considered a penalty but will be a price reduction for failure to perform traffic control in compliance with the Contract. An incident is any violation up to 30 minutes in duration. Each 30 minutes or increment thereof will be considered as an incident. A price reduction will be assessed for each successive or cumulative 30 minute period in violation of the working time limitations, as determined by the Engineer. The price reduction for each incident will increase at a progressive rate starting with $150 for the second incident and increasing to $1200 for the fifth and subsequent incidents in accordance with the following schedule. A 15 minute grace period will be allowed at the beginning of the second incident on the project before the price reduction is applied. This 15 minute grace period applies only to the second incident. The number of incident charges will be accumulative throughout the duration of the Contract. PRICE REDUCTION SCHEDULE INCIDENT INCIDENT RATE TOTAL PRICE REDUCTION 1st Notice to Stop Work --- 2"d $150 $150 3td 300 450 4th 600 1,050 5th 1,200 2,250 6th 1,200 3,450 Etc. 1,200 4,650 Etc. Etc. March 18, 2005 REVISION OF SECTIONS 105 AND 618 CONTRACTOR SUBMITTALS Sections 105 and 618 of the Standard Specifications are hereby revised for this project as follows: In subsection 105.02, delete Table 105-1 and replace with the following: TABLE 105-1 SUMMARY OF CONTRACTOR SURMITTAI 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 II Shop Drawing No 512 Bearing Devices Type III Shop Drawing Yes 514 Pedestrian and Bikeway Railing Working Drawing No 518 Expansion Devices: 0-100 mm (0-4") Working Drawing No 518 Expansion Devices: 0-150, 225, 300... mm (0-6", 9", 12".. Shop Drawing Yes 601 & 618 Precast Panel Deck Forms Working Drawing No 601 Permanent Steel Bridge Deck Forms Working Drawing Yes 601 Falsework Working Drawing Yes 602 Reinforcing Steel Working Drawing No 606 Bridge Railing Working Drawing No 607 Sound Barriers (Alternative) Shop Drawing Yes 607 Sound Barriers (Default Design) Working Drawing No 613 Light Standards (Low Mast) Working Drawing Yes 613 Light Standards (High Mast) Working Drawing Yes 614 Overhead Sign Structures Shop Drawing Yes* 614 Traffic Signal Pole (Mast Arm) Shop Drawing No 614 Traffic Signal Pedestal Pole Working Drawing No 614 Traffic Signal Equipment Working Drawing No 614 Variable Message Signs (Cabinet and tilting bracket) Working Drawing Yes 618 Prestressed Concrete (Pre -tensioned) Shop Drawing Yes* 618 Prestressed Concrete (Post -tensioned) Shop Drawing Yes* 618 Steel Diaphragms between Prestressed Girders Working Drawing No 628 Pre -fabricated Pedestrian Bridges Shop Drawing Yes *A PE seal is required where the Contractor has provided the design for the item, or performed engineering to modify the details shown on the plans. The PE seal is not required where complete details are provided on the plans. Subsection 618.04 (a) shall include the following: Minor changes to design details or engineering drawings that do not represent a significant change to the original design will not require a Professional Engineer seal. The Contractor shall submit supporting calculations for these changes along with the shop drawings. March 18, 2005 REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORT Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.09 delete the list following the first paragraph and replace with the following: (1) The Department's project number (2) Manufacturer's name (3) Address of manufacturing facility (4) Laboratory name and address (5) Name of product or assembly (6) Complete description of the material (7) Model, catalog, stock number (if applicable) (8) Lot, heat, or batch number identifying the material delivered (9) Date(s) of the laboratory testing (10)Listing of all applicable specifications required by the Department for this particular product or assembly. Certificates shall reference the actual tests conducted on samples taken from the same lot, heat, or batch, and shall include a statement that the product or assembly to be incorporated into the project was fabricated in accordance with and meets the applicable specifications. (11)The following certification, signed by a person having legal authority to act for the Contractor: I hereby certify under penalty of perjury that the material listed in this Certificate of Compliance represents (quantity) of pay item (pay item number and Description) for installation on project number Contractor Subsection 106.09 shall include the following: Date The Certificate of Compliance shall 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 or rejection of the materials. In subsection 106.10 delete the list following the first paragraph and replace with the following: (1) The Department's project number (2) Manufacturer's name (3) Address of manufacturing facility (4) Laboratory name and address (5) Name of product or assembly (6) Complete description of the material (7) Model, catalog, stock number (if applicable) (8) Lot, heat, or batch number identifying the material delivered (9) Date(s) of the laboratory testing (10)AII 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. (11)The following certification, signed by a person having legal authority to act for the Contractor: March 18, 2005 REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORT I hereby certify under penalty of perjury that the material listed in this Certified Test Report represents (quantity) of pay item (pay item number and Description) for installation on project number Contractor Subsection 106.10 shall include the following: Date The Certified Test Report shall 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 or rejection of the materials. 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. May 26, 2005 -I- REVISION OF SECTION 107 PROJECT SAFETY PLANNING Section 107 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 107.06 and replace with the following: 107.06. Safety, Health, and Sanitation Provisions. (a) Contractor Responsibilities. The Contractor shall ensure compliance with applicable Federal, State, and local laws, rules, regulations, and guidelines governing safety, health and sanitation, including but not limited to the Project Safety Management Plan (Plan) described below, the Occupational Safety and Health Act, 29 CFR 1910, 29 CFR 1926, Mine Safety and Health Administration (MSHA), Title 30 CFR, the "Colorado Work Zone Best Practices Safety Guide", national consensus standards, and the Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.). The Contractor shall provide all safeguards, safety devices, and protective equipment, and shall take all other actions necessary to protect the life, safety and health of persons working at or visiting the project site, and of the public and property in connection with the performance of the work covered by the Contract. In the case of conflicting requirements, the more stringent of the requirements shall apply. The Contractor shall require that all operations and work practices by Contractor, subcontractors, suppliers, and Department personnel comply with the provisions of the Plan. (b) Safety Officer. Prior to the start of construction, the Contractor shall designate a Safety Officer and an alternate, who shall be responsible for the coordination of safety activities, and preparation and implementation of the Plan. (c) Competent Persons. Prior to the start of construction, the Contractor shall designate at least one competent person for each of the construction activities being completed. Construction activities and safety considerations that must be addressed shall include, but are not limited to: lead abatement, hearing protection, respiratory protection, rigging, assured grounding, scaffolding, fall protection, cranes, trenching and excavating, steel erection, underground construction (including caissons and cofferdams), demolition, blasting and the use of explosives, stairways and ladders, asbestos, and confined space. The appropriate competent persons shall be present on the project site at all times during construction activities. A competent person is an individual who, by way of training, experience, or combination thereof, is knowledgeable of applicable standards, is capable of identifying existing and predictable workplace hazards relating to a specific construction activity, is designated by the employer, and has authority to take appropriate actions. (d) Project Safety Management Plan. Prior to the start of construction, the Contractor shall prepare a written Project Safety Management Plan (Plan) which shall be specific to the project. The Plan shall include: (1) Designation of a Safety Officer and an alternate, and competent persons for each construction activity as described above. (2) A list of all significant and/or high -risk construction activities and safety considerations as described above, and a hazard assessment for each. (3) Direction as to whether engineering, administrative, personal protection measures, training, or a combination thereof, shall be implemented to address the hazards identified in (2) above. (4) Provisions for field safety meetings. The Contractor shall conduct field safety meetings at the frequency specified in the Plan, once per week at a minimum. The Contractor shall encourage participation by all persons working at the project site. Participants at these meetings shall discuss specific construction activities for that work period, results from safety inspections, required personal protective equipment, and all other necessary safety precautions. (5) Provisions for project safety meetings. The Contractor shall conduct project safety meetings to discuss accidents, incidents, safety goals, near misses, and results of safety inspections. The Contractor shall notify the Engineer of the time, date, and location of these meetings, shall require participation by all persons (including Department personnel) working at the project site, and shall track attendance through sign-up lists. (6) Procedures for assuring compliance by subcontractors, suppliers, and authorized visitors to the project. In addition, the Plan shall specify the measures that will be taken to discourage unauthorized personnel from entering the site. May 26, 2005 -2- REVISION OF SECTION 107 PROJECT SAFETY PLANNING (7) Procedures to be followed in cases where workers are suspected of drug or alcohol impairment. (8) Provisions for project safety inspections. The Contractor shall conduct regular project safety inspections at the frequency specified in the Plan, once per month at a minimum. The Contractor shall maintain documentation on the project site, including the date of these inspections, the findings, and the corrective measures taken to address the findings. (9) Procedures to be followed to correct violations of the Plan by any personnel. (10) The notification, investigation, and implementation procedures that the Contractor shall follow in the case of a safety stand down. (11) The Contractor's certification as follows: By authorized signature below, (Contractor name), hereinafter referred to as 'the Contractor', hereby certifies that this Project Safety Management Plan (Plan) complies with and meets applicable Federal, State, and local laws, rules, regulations and guidelines governing safety, health and sanitation, including but not limited to the Occupational Safety and Health Act, 29 CFR 1910, 29 CFR 1926, Mine Safety and Health Administration (MSHA), Title 30 CFR, the "Colorado Work Zone Best Practices Safety Guide", national consensus standards, and the Drug -Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.). All operations and work practices of the Contractor will comply with this Plan. The Contractor requires that all subcontractors, suppliers and Department personnel comply with this Plan. (Signature of Contractor's Safety Officer or alternate) Title Date The Contractor shall submit the Plan to the Engineer for the project records, and shall provide updates to the Plan as necessary. An up-to-date copy of the Plan shall be on the project site in the Contractor's possession at all times. (e) Project Safety & Health Requirements. All personnel on the project site shall wear the following personal protective equipment (PPE) at all times when in the State Highway Right of Way, except when in their vehicles: (1) Head protection and high visibility apparel, reflectorized for night use, and footwear, all of which shall comply with the latest appropriate national consensus standards. (2) All other PPE that is stipulated by the Plan. All PPE shall comply with the latest appropriate national consensus standards. (f) Safety Stand -Down. The Engineer may immediately suspend all or part of any work in the case of an accident (including property damage), or catastrophe (three or more persons hospitalized in a single incident), or other situation presenting an imminent danger to life or health, such as a near miss, violation of the Plan, and/or presence of a hazardous situation. In the case of a worksite fatality directly related to the Contractor's or any subcontractor's work operations, the safety stand -down shall be mandatory. In the case of a traffic fatality unrelated to a work -zone incident in the opinion of the Engineer, the safety stand -down will not be mandatory. During any mandatory safety stand -down due to a fatality, all work on the project shall cease, except that work deemed necessary by the Engineer to immediately correct unsafe conditions. The Contractor shall be allowed to resume operations only after providing documentation, certified by the Safety Officer or alternate, regarding the corrective actions taken to prevent recurrence. The Contractor may be granted a non- compensable, excusable delay, up to three days, for the period of time during which no work was pursued due to each safety stand -down. May 26, 2005 -3- REVISION OF SECTION 107 PROJECT SAFETY PLANNING (g) Regulatory Enforcement Actions. The Contractor shall provide written notifications of all Regulatory agency actions relating to safety to the Engineer. All costs associated with the preparation and implementation of the Plan, and complying with all safety, health, and sanitation provisions and requirements will not be measured and paid for separately, but shall be included in the work. COLORADO DEPARTMENT OF TRANSPORTATION Project No.: UNDERUTILIZED DBE (UDBE) BID CONDITIONS ASSURANCE Location: Instructions: Contractor - Complete and submit this form with your bid. Report only Underutilized DBE (UDBE) participation percentages which qualify 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. UNDERUTILIZED DBE PARTICIPATION COMMITMENT 1) Will your company's Underutilized DBE (UDBE) participation commitment meet contract goals? ❑ Yes ❑ No 2) Total eligible Underutilized DBE (UDBE) percentage amount from Box A below: % 3 List the UDBE firms, committed work items, and eli ible UDBE percent of your bid that you are committing to each UDBE FIRM NAME CERTIFICATION COMMITTED SUBCONTRACT ELIGIBLE EXP. DATE WORK ITEM(S) CATEGORY UDBE % ❑ Subcontractor 1. ! / ❑ Supplier ❑ Broker % ❑ Subcontractor 2. l 1 El Supplier El Broker % ❑ Subcontractor 3. l I El Supplier El Broker % ❑ Subcontractor 4. 1 I [1 Supplier ❑ °/Broker ° ❑ Subcontractor 5. / El Supplier ❑ Broker 0 ° Cl Subcontractor 6. / ! ❑ Supplier ❑Broker BOX A: TOTAL ELIGIBLE UDBE PERCENTAGE AMOUNT: (Round percentage amounts to the nearest hundredth) Additional instructions on how to calculate the actual eligible amounts and percentages for the subcontractor, supplier, and broker categories are available on the CDOT Form #715 and in the "Counting DBE Participation Toward Contract Goals and CDOT's annual DBE goal" section of the "DBE - Definitions and Requirements" in the Standard Special Provisions. I understand that, if my company is determined to be the low bidder for the contract on this project, I must submit a completed CDOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION for each firm listed on this form to the Transportation Department by 4:00 pm the day after the bids are opened. The actual amounts submitted on each CDOT Form #715 must equal or exceed the percentage commitments documented on this form. In addition, if my company does not meet the DBEIUDBE goal for this project, I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before the above stated deadline. CDOT Form #715s submitted for firms not included on this form, OR for amounts exceeding those listed on this form, will be accepted but NOT counted as Good Faith Efforts. Only the efforts the contractor made rior to the bid opening will count as Good Faith Efforts. 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: / 1 Company Officer Signature: Title: Previous editions may not be used CDOT Form 714 08104 May 26, 2005 -1- REVISION OF SECTION 107 RESPONSIBILITY FOR DAMAGE CLAIMS, INSURANCE TYPES AND COVERAGE LIMITS Section 107 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 107.15 and replace with the following: 107.15 Responsibility for Damage Claims, Insurance Types and Coverage Limits. The Contractor shall indemnify and save harmless the Department, its officers, and employees, from suits, actions, or claims of any type or character brought because of any and all injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or failure to comply with the provisions of the Contract; or on account of or in consequence of neglect of the Contractor in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of the Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright, unless the design, device, material or process involved is specifically required by the Contract; or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. The Department may retain as much of any moneys due the Contractor under any Contract as may be determined by the Department to be in the public interest. (a) The Contractor shall obtain, and maintain at all times during the term of this Contract, insurance in the following kinds and amounts: (1) Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's employees acting within the course and scope of their employment. (2) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: (i) $1,000,000 each occurrence; (ii) $2,000,000 general aggregate; (iii) $2,000,000 products and completed operations aggregate; and (iv) $50,000 any one fire. (v) Completed Operations coverage shall be provided for a minimum period of one year following final acceptance of work. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the Contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT showing compliance with this provision. (3) Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit. (4) Professional liability insurance with minimum limits of liability of not less than $1,000,000 Each Claim and $1,000,000 Annual Aggregate for both the Contractor or any subcontractors when: (i) Contract items 625, 629, or both are included in the Contract (ii) Plans, specifications, and submittals are required to be signed and sealed by the Contractor's Professional Engineer, including but not limited to: (A) Shop drawings and working drawings as described in subsection 105.02 (B) Mix Designs May 26, 2005 -2- REVISION OF SECTION 107 RESPONSIBILITY FOR DAMAGE CLAIMS, INSURANCE TYPES AND COVERAGE LIMITS (C) Contractor performed design work as required by the plans and specifications (D) Change Orders (E) Approved Value Engineering Change Proposals (iii) The Contractor and any included subcontractor shall renew and maintain Professional Liability Insurance as outlined above for a minimum of one year following final acceptance of work. (5) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy shall become primary (drop down) in the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary. The following form Excess Liability shall include CDOT as an additional insured. (b) CDOT shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies. Completed operations additional insured coverage shall be on endorsements CG 2010 11/85, CG 2037, or equivalent. Coverage required of the contract will be primary over any insurance or self- insurance program carried by the State of Colorado. (c) The Insurance shall include provisions preventing cancellation or non -renewal without at least 30 days prior notice to CDOT by certified mail. (d) The Contractor will require all insurance policies in any way related to the contract and secured and maintained by the Contractor to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions, organizations, officers, agents, employees and volunteers. (e) All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to CDOT. (f) The Contractor shall provide certificates showing insurance coverage required by this contract to COOT prior to execution of the contract. No later than 15 days prior to the expiration date of any such coverage, the Contractor shall deliver CDOT certificates of insurance evidencing renewals thereof. At any time during the term of this contract, CDOT may request in writing, and the Contractor shall thereupon within ten days supply to CDOT, evidence satisfactory to CDOT of compliance with the provisions of this section. (g) Notwithstanding subsection 107.15(a), if the Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seq., as amended ("Act'), the Contractor shall at all times during the term of this contract maintain only such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by CDOT, the Contractor shall show proof of such insurance satisfactory to CDOT. Public entity Contractors are not required to name CDOT as an Additional Insured. (h) When the Contractor requires a subcontractor to obtain insurance coverage, the types and minimum limits of this coverage may be different than those required, as stated above, for the Contractor, except for the Commercial General Liability Additional Insured endorsement and those that qualify as needing Professional Liability Insurance. 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. June 13, 2003 REVISION OF SECTION 108 LIQUIDATED DAMAGES Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.07 delete the first paragraph and replace with the following: 108.07 Failure to Complete Work on Time. A daily charge will be made against the Contractor for each calendar day, including free time, that any work remains uncompleted after the elapse of contract time. This daily charge will be deducted from any money due the Contractor. This deduction will not be considered a penalty, but as liquidated damages. In subsection 108.07 delete the schedule of liquidated damages and replace with the following: Original Contract Amount ($) Liquidated Damages per Calendar Day ($) From More Than To And Including 0 150,000 67 150,000 250,000 174 250,000 500,000 430 500,000 1,000,000 1,086 1,000,000 2,000,000 1,778 2,000,000 4,000,000 2,363 4,000,000 10,000,000 3,240 10,000,000 --------------- 3,240 plus 583 Per Each Additional 1,000,000 Contract Amount or Part Thereof Over 10,000,000 March 4, 2002 -- REVISION OF SECTION 108 PROJECT SCHEDULE Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.03, first paragraph, delete the last two sentences and replace with the following: A CPM schedule will be required unless the Commencement and Completion of work special provision allows a bar chart schedule. The Schedule shall show all work completed within the contract time. In subsection 108.03, the second paragraph shall include the following: For CPM schedules, all required schedules and reports shall also be submitted electronically on 3llz-inch floppy disk or compact disk. In subsection 108.03, third paragraph, delete the first sentence and replace with the following: The Bar Chart or Initial Schedule shall be submitted at least 10 working days prior to the start of the work. Subsection 108.03(c), shall include the following: The Contractor shall use either Microsoft Project or Primavera Scheduling software to develop and manage the Critical Path Method Schedule. The Contractor shall notify the Project Engineer in writing, when submitting the first schedule which software, will be used. This choice cannot be changed after the first schedule submittal. When the Contractor uses Primavera -scheduling software, the Engineer may request an additional electronic copy of all required schedules and reports converted to the Microsoft Project format on 3'/s-inch floppy disk or compact disk, for information only. This additional information shall be submitted with all schedule submittals and updates. The Contractor shall perform all work required to ensure that the Microsoft schedule accurately reflects the planned schedule and progress. In subsection 108.03(c), after the fourth paragraph, delete items (1), (2), and (3) and replace with the following: (1) Initial Schedule. The Initial Schedule shall include all necessary detail for procurement, construction and submittal activities required during the first 90 days of contract time. In addition, the Initial Schedule shall include a very basic group of activities that describes the time period after the 90th day of contract time and through the completion of the project. Only salient features and other significant activities will be required for the period after the first 90 days of contract time. The 15-calendar day activity duration limit will not apply to the portion of the Initial Schedule beyond the first 90 days of contract time. This submittal shall include a Time Scaled Logic Diagram. (2) Project Schedule. The Project Schedule submittal shall consist of a Time Scaled Logic Diagram Schedule Report. It shall be prepared in full and submitted to the Engineer within 45 calendar days after the Engineer's acceptance of the Initial Schedule. The Engineer's review of the Project Schedule will not exceed 7 calendar days. Revisions required as a result of the Engineer's review shall be submitted within 7 calendar days. Work shall not continue beyond 90 calendar days after the start of Contract Time until the Project Schedule is accepted in writing, unless otherwise approved by the Engineer. The Project Schedule shall cover the time from the Date of Notice to Proceed to the predicted completion date. The Schedule Report shall tabulate for each activity the activity ID, description, duration, earliest start and finish date, latest start and finish date, total float time, predecessor and successor activities, and responsibility. (3) Schedule Updates. The Contractor shall update the Initial Schedule or the Project Schedule monthly to reflect actual construction progress of all work activities on the project. Updates shall show the previous month's progress and a projection for all remaining work activities on the project. Schedules shall be updated as of the cutoff date for the monthly progress pay estimate and submitted to the Engineer before the payment of the progress pay estimate is approved. March 4, 2002 -2- REVISION OF SECTION 108 PROJECT SCHEDULE Each of the diagrams, charts, and reports shall comply with the requirements for the Project Schedule above, except that they shall also include the actual completion dates and percentages of completion for the appropriate activities. A Job Progress Narrative Report shall be submitted with all updates. It shall detail the description of job progress, problem areas, current and anticipated delaying factors and their anticipated effects, impacts to job milestones or project completion, any corrective action proposed or taken, and any minor revisions to the Schedule. September 6, 2002 REVISION OF SECTION 108 SUBLETTING OF CONTRACT Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.01, delete the second paragraph and replace with the following: The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall perform work amounting to 30 percent or more of the original total cost of bid items. Any items designated in the contract as "specialty items„ may be peformed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the original total cost of bid items before computing the amount of work required to be performed by the Contractor's own organization. July21, 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 August 26, 2004 REVISION OF SECTION 109 RETAINAGE AND PARTIAL PAYMENTS Sections 109 of the Standard Specifications are hereby revised for this project as follows: Subsection 109.06 shall include the following: (e) Prompt Payment. The Contractor shall pay subcontractors and suppliers for 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. The Contractor shall include in all subcontracts a provision that this requirement for prompt payment to subcontractors and suppliers must be included in all subcontracts at every tier. The Contractor is responsible to ensure that all subcontractors and suppliers at every tier are promptly paid. 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. (>) Retainage. The Contractor may withhold retainage of each progress estimate on work performed by subcontractors. If during the prosecution of the project, a subcontractor satisfactorily completes all work described on CDOT Form No. 205, as amended by changes directed by the Engineer, the following procedure will apply: 1. The subcontractor may make a written request to the Contractor for the release of the subcontractor's retainage. 2. Within ten working days of the request, the Contractor shall determine if all work described on Form 205 has been satisfactorily completed and shall inform the subcontractor in writing of the Contractor's determination. 3. If the Contractor determines that the subcontractor has not achieved satisfactory completion of all work described on Form 205, the Contractor shall provide the subcontractor with written notice, stating specifically why the subcontract work is not satisfactorily completed and what has to be done to achieve completion. A copy of this written notice shall be provided to the Engineer. 4. If the Contractor determines that the subcontractor has achieved satisfactory completion of all work described on Form 205, the Contractor shall release the subcontractor's retainage within 7 calendar days. 5. In determining whether satisfactory completion has been achieved, the Contractor may require the subcontractor to provide documentation such as certifications and releases, showing that all laborers, lower -tiered subcontractors, suppliers of material and equipment, and others involved in the subcontractor's work have been paid in full. The Contractor may also require any documentation from the subcontractor that is required by the subcontract or by the Contract between the Contractor and the Department or by law such as affidavits of wages paid, material acceptance certifications and releases from applicable governmental agencies to the extent that they relate to the subcontractor's work. 6. Within 14 calendar days after receiving the Contractor's request, the Engineer will make inspection of all work described on Form 205. The Engineer will measure and furnish the final quantities to the Contractor of the items completed by the subcontractor. Agreement on these final quantities by the Contractor will not constitute the acceptance of the work described on Form 205 by the Engineer. If the subcontractor performs only a portion of an item of work, the Contractor shall release retainage in accordance with the procedures stated above and when the subcontractor has completed all of the work included in their subcontract, however, final measurement of quantities will not be made until the item of work and all of the work on the associated Form 205 has been completed. August 26, 2004 2 REVISION OF SECTION 109 RETAINAGE AND PARTIAL PAYMENTS 8. if additional quantities of a particular item of work are required at a later date after final measurement has been made, the Contractor shall perform this work in accordance with Contract requirements and at unit bid prices. For this subsection only, satisfactory completion of all work described on CDOT Form No. 205 is when all tasks called for in the subcontract as amended by changes directed by the Engineer have been accomplished and documented as required by the Department. The requirements stated above do not apply to retainage withheld by the Department from monies earned by the Contractor. The Department will continue to process the release of that retainage based upon the completion date of the project as defined in the Commencement and Completion of Work special provision. The Contractor shall be solely responsible for all additional costs involved in paying retainage to the subcontractors prior to total project completion. (g) Good Cause Exception. If the Contractor has "good cause" to delay or withhold a subcontractor's progress payment, the Contractor shall notify the Department and the subcontractor in writing within seven calendar days after receiving payment from the Department. The notification shall specify the amount being withheld and provide adequate justification for withholding the payment. The notice shall also clearly state what conditions the subcontractor must meet to receive payment. "Good cause" shall include but not be limited to the failure of the subcontractor to make timely submission of required paperwork In subsection 109.09 delete the second paragraph and replace with the following: All prior estimates and payments, except for those made in accordance with subsection 109.06(f) 6 will be subject to correction in the final estimate and payment. SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 7/96 Section 00410 Page 1 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. July 18, 2003 REVISION OF SECTION 206 SHORING Section 206 of the Standard Specifications is hereby revised for this project as follows: In Subsection 206.01, delete the third paragraph and replace with the following: Unless otherwise specified, structure excavation shall include all pumping, bailing, draining, and incidentals required for proper execution of the work. Subsection 206.01 shall include the following: This work consists of shoring, which is defined as any temporary construction that is used to support the earth adjacent to excavation or embankment. Subsection 206.03 shall include the following: The Contractor shall locate, size, design, and construct shoring which provides all necessary rigidity, and supports the loads imposed to facilitate construction as shown on the plans. When the height of shoring exceeds five feet above the base of the excavation, shoring drawings shall be provided by the Contractor to the Engineer for information only. The drawings shall be prepared by, and contain the seal and signature of a Professional Engineer registered in the State of Colorado. These drawings shall be approved and signed by the Contractor and provided to the Engineer at least ten days prior to start of work. Shoring shall be constructed in conformity with the shoring drawings provided to the Engineer. Prior to placing construction or traffic loads on the supported earth, the Contractor's Professional Engineer shall certify in writing that shoring materials and construction have been inspected and that all shoring, materials, and construction are in conformity with the shoring drawings. A copy of this certification shall be submitted in an appropriate form for the Engineer's records. If the embankment, construction, traffic, or any other surcharge is in excess of what the original shoring was designed for and is to be placed adjacent to any shoring, the Contractor shall provide a signed letter from the Contractor's Professional Engineer prior to the load placement stating that the shoring will support the additional load. Shoring drawings shall include the following information: (1) The size and grade of all structural materials (2) Design notes, including design assumptions, and construction details (3) Where applicable, restrictions on heavy equipment placement at specific locations adjacent to the shoring (4) Areas determined by the Contractor's Professional Engineer where de -watering of the shored excavation will be required, and a description of the requirements (i.e., head added by the pump, flow rate, minimum pump size, etc.) and methods to be used for de -watering. (5) All other information determined by the Contractor's Engineer to be pertinent to the design and successful construction of the shoring. July 18, 2003 2 REVISION OF SECTION 206 SHORING Subsection 206.06 shall include the following: Shoring will not be measured, but will be paid for on a lump sum basis. Subsection 206.07 shall include the following: Pay Item Pay Unit Shoring (Area_) Lump Sum Payment for shoring will be full compensation for all labor, materials, and equipment required to design, construct, and remove the shoring. Shoring which is not included as a pay item in the plans will not be measured and paid for separately, but shall be included in the work. March 11, 2004 1 REVISION OF SECTION 208 EROSION CONTROL 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 Ibs/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: 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 March 11, 2004 2 REVISION OF SECTION 208 EROSION CONTROL 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. (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". March 11, 2004 3 REVISION OF SECTION 208 EROSION CONTROL (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 le centimeters per second. (8) Freeboard capacity shall be included into structure design to reasonably ensure the structure will not overtop during or because of a precipitation event. (9) All measures shall be taken to prevent tracking of washout material onto roadway surface. (10) Adding solvents, flocculents, or acid to washwater is prohibited. 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: 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). (10) Failure to install and properly utilize a concrete washout structure for containing washout from concrete placement operations March 11, 2004 REVISION OF SECTION 208 EROSION CONTROL 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. Subsection 208.08 shall include the following: Pay Item Pay Unit Erosion Log (_ Inch) Linear Foot Silt Dike Linear Foot Concrete Washout Structure Each March 6, 2003 REVISION OF SECTION 208 EROSION CONTROL SUPERVISOR Section 208 of the Standard Specifications is hereby revised for this project as follows: In subsection 208.03 (c), delete (5) and replace with the following: (5) Attend the Preconstruction Conference, all project scheduling meetings, and reviews by the Erosion Control Advisory Team (ECAT) and Regional Erosion Control Advisory Team (RECAT) as requested by the Engineer. March 11, 2004 REVISION OF SECTION 208 STABILIZED CONSTRUCTION ENTRANCE Section 208 of the Standard Special Provisions is hereby revised for this project as follows: Subsection 208.01 shall include the following: This work consists of constructing a stabilized construction entrance, as shown in the plans, or as directed by the Engineer. Subsection 208.02 shall include the following: (1) Stabilized Construction Entrance. Construction of approved stabilized construction entrances shall be completed before any excavation or work is started between such entrances, as shown on the plans. Unless otherwise directed by the Engineer, aggregate for the construction entrance shall be coarse material that meets the following gradation requirements: Sieve size Mass Percent Passing Square Mesh Sieves 3 inch 100 2 inch 95-100 % inch 0-15 Geotextile shall conform to the requirements of subsection 420.06. Subsection 208.05 shall include the following: (n) Stabilized construction entrance. Stabilized construction entrances shall be constructed to the minmum dimensions shown on the plans, unless otherwise directed by the Engineer. The Contractor shall be responsible for maintaining the stabilized construction entrance during the entire time that it is in use in the project. The stabilized construction entrance shall be removed at the completion of this project unless otherwise directed by the Engineer. Subsection 208.07 shall include the following: Stabilized construction entrance will be measured by the actual number that are constructed and accepted. Subsection 208.08 shall include the following: Payment will be made under: Pay Item Pay Unit Stabilized Construction Entrance Each Payment will be full compensation for all work, materials and equipment required to construct, maintain, and remove the entrance upon completion of the work. Aggregate and geotextile will not be measured and paid for separately, but shall be included in the work. 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. SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned as Principal, and hereby held and firmly bot OWNER, in the sum of $ truly to be made, we hereby and assigns. as Surety, are [d unto the City of Fort Collins, Colorado, as for the payment of which, well and jointly and severally bind ourselves, successors, 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, 5931 Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 2 October 14, 2003 REVISION OF SECTION 601 CONCRETE CONSTRUCTION TOLERANCES Section 601 of the Standard Specification is hereby revised for this project as follows: Add subsection 601.171, immediately following subsection 601.17, as follows: Unless otherwise stated in the plans or specifications, tolerances for concrete construction and materials shall be in accordance with ACI 117. Cast in place bridge decks and bridge slabs shall be no more than 13 mm (1/2 inch) thicker nor more than 6 mm (114 inch) thinner than the cross -sectional vertical dimension shown on the plans. 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 Field Cement Content: Air Content: Water Cement Class Compressive Minimum or % Range Ratio: Maximum Strength Range (kg/m) (Total) or Range M Pa B 25 (3000 psi) at 335 5-8 N/A 28 days 565 Ibs/ d3 BZ 30 (4000 psi) at 362 N/A N/A 28 da s 610 Ibs/ d3 D 30 (4500 psi) at 365 to 392 5-8 0.44 28 days 615 to 660 Ibs/ d3 DT 30 (4500 psi) at 415 5-8 0.44 28 days 700 Ibs/ d3 E 30 (4200 psi) at 392 4-8 0.44 28 days 660 Ibs/ d3 H 30 (4500 psi) at 344 to 380 5-8 0.38 - 0.42 56 days (580 to 640 Ibs! d3 HT 30 (4500 psi) at 344 to 380 5-8 0.38 - 0.42 56 days (580 to 640 Ibs/ d3 P 30 (4200 psi) at 392 4-8 0.44 28 days 660 Ibs/ d3 S35 35 (5000 psi) at 365 to 427 5-8 0.42 28 days (615 to 720 Ibs/ d3 S40 40 (5800 psi) at 365 to 451 5-8 0.40 28 days (615 to 760 Ibs/ d3 S50 50 (7250 psi) at 365 to 475 8 0.38 28 days (615 to 800 r 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%') or smaller, i.e., 100% passing the 50 mm (2") sieve and 90% to 100% passing the 37.5 mm (1%') sieve. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class BZ concrete is concrete for drilled piers. Additional requirements for class BZ concrete are: Entrained air is not required unless specified in the Contract. High range water reducers may be added at the job site to obtain desired slump and retardation. Slump shall be a minimum of 125 mm (5") and a maximum of 200 mm (8"). Class BZ caisson concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. June 13, 2003 2 REVISION OF SECTION 601 STRUCTURAL CONCRETE Class D concrete is a dense medium strength structural concrete. Class H may be substituted for Class D concrete. Additional requirements for Class D concrete are: An approved water reducing admixture shall be incorporated in the mix. Class D concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. When placed in a bridge deck, Class D concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class DT concrete may be used for deck resurfacing and repairs. Class HT may be substituted for Class DT concrete. Additional requirements for Class DT concrete are: An approved water reducing admixture shall be incorporated in the mix. Class DT concrete shall contain a minimum of 50% AASHTO M 43 size No. 7 or No. 8 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class E concrete may be used for fast track pavements needing early strength in order to open a pavement to service soon after placement. Additional requirements for Class E concrete are: Type III cement may be used. Class E concrete shall contain a minimum of 55% AASHTO M 43 size No. 357 or No. 467 coarse aggregate. If all transverse joints are doweled, then Class E concrete shall contain a minimum of 55% AASHTO M 43 sizes No. 57, No. 67, No. 357, or No. 467 coarse aggregate. In addition to the compressive strength requirements in Table 601-1 and unless stated otherwise on the plans, Class E concrete shall achieve a field compressive strength of 17 MPa (2500 psi) within 12 hours. Laboratory trial mix for Class E concrete must produce an average 28 day flexural strength of at least 4482 kPa (650 psi). Approved fly ash may be substituted for portland cement up to a maximum of 30% Class F by weight. Class H concrete is used for bare concrete bridge decks that will not receive a waterproofing membrane. Additional requirements for Class H concrete are: An approved water reducing admixture shall be incorporated in the mix. Class H concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Class H concrete shall contain cementitious materials in the following ranges: 267 - 297 kg/m3 (450 - 500 Ibs/yd3) Type II portland cement, 53 - 74 kg/m3 (90 - 125 Ibs/yd3) flyash and 12 - 18 kg/m3 (20 - 30 Ibs/yd3) silica fume. The total content of Type II portland cement, flyash and silica fume shall be 344 - 380 kg/m3 (580 - 640 Ibs/yd3). Laboratory trial mix for Class H concrete must not exceed permeability of 2000 coulombs at 56 days (ASTM C 1202). Laboratory trial mix for Class H concrete must not exhibit a crack at or before 14 days in the cracking tendency test (AASHTO PP 34). Class HT concrete is used as the top layer for bare concrete bridge decks that will not receive a waterproofing membrane. Additional requirements for Class HT concrete are: An approved water reducing admixture shall be incorporated in the mix. Class HT concrete shall contain a minimum of 50% AASHTO M 43 size No. 7 or No. 8 coarse aggregate. Class HT concrete shall contain cementitious materials in the following ranges: 267 - 297 kg/m3 (450 - 500 Ibs/yd3) Type II portland cement, 53 - 74 kg/m3 (90 - 125 Ibs/yd3) flyash and 12 - 18 kg/m3 (20 - 30 Ibs/yd3) silica fume. The total content of Type II portland cement, flyash and silica fume shall be 344 - 380 kg/m3 (580 - 640 Ibs/yd3). Laboratory trial mix for Class HT concrete must not exceed permeability of 2000 coulombs at 56 days (ASTM C 1202). Laboratory trial mix for Class HT concrete must not exhibit a crack at or before 14 days in the cracking tendency test (AASHTO PP 34). Class P concrete is used in pavements. Additional requirements for Class P concrete are: Class P concrete shall contain a minimum of 55% AASHTO M 43 size No. 357 or No. 467 coarse aggregate. If all transverse joints are doweled, then Class P concrete shall contain a minimum of 55% AASHTO M 43 sizes No. 57, No. 67, No. 357, or No. 467 coarse aggregate. Laboratory trial mix for Class P concrete must produce an average 28 day flexural strength of at least 4482 kPa (650 psi). Class P concrete shall contain 70% to 80% portland cement and 20% to 30% Class F fly ash in the total mass (weight) of cement plus fly ash. Unless acceptance is based on flexural strength, the total mass (weight) of cement plus Class F fly ash shall not be less than 392 kg/m3 (660 Ibs/yd3). If acceptance is based on flexural strength, the total mass (weight) of cement plus Class F fly ash shall not be less than 309 kg/m3 (520 Ibs/yd3). June 13, 2003 REVISION OF SECTION 601 STRUCTURAL CONCRETE Class S35 concrete is a dense high strength structural concrete. Additional requirements for Class S35 concrete are: An approved water reducing admixture shall be incorporated in the mix. Class S35 concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. When placed in a bridge deck, Class S35 concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class S40 concrete is a dense high strength structural concrete. Additional requirements for Class S40 concrete are: An approved water reducing admixture shall be incorporated in the mix. Class S40 concrete shall be made with 19 mm (314") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. When placed in a bridge deck, Class S40 concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Class S50 concrete is a dense high strength structural concrete. Additional requirements for Class S50 concrete are: An approved water reducing admixture shall be incorporated in the mix. Class S50 concrete shall be made with 19 mm (3/4") nominal sized coarse aggregate, i.e., 100% passing the 25.0 mm (1") sieve and 90% to 100% passing the 19 mm (3/4") sieve. When placed in a bridge deck, Class S50 concrete shall contain a minimum of 55% AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20% Class C or 30% Class F by weight. Laboratory trial mix for Class S50 concrete must not exhibit a crack at or before 14 days in the cracking tendency test (AASHTO PP 34). Subsection 601.03 shall include the following: Silica fume admixture shall conform to the requirements of subsection 701.03. Calcium chloride shall not be used in any concrete unless otherwise specified. Delete subsection 601.05 and replace with the following: 601.05 Proportioning. The Contractor shall submit a Concrete Mix Design Report consisting of design mix proportions, laboratory trial mix and aggregate data for each class of concrete being placed on the project. Concrete shall not be placed on the project before the Concrete Mix Design Report has been reviewed and approved by the Engineer. The Concrete Mix Design cannot be approved when the laboratory trial mix and aggregate data are the results from tests performed more than a year in the past. The design mix proportions shall show the weights and sources of all ingredients including cement, fly ash, aggregates, water, additives and the water cement ratio (w/c). When determining the w/c, cement (c) shall be the sum of the weight of the cement, the weight of the fly ash and the weight of silica fume. The laboratory trial mix data shall include results of the following: (a) AASHTO T 119 Slump of Hydraulic Cement Concrete. (b) AASHTO T 121 Mass per Cubic Meter (Cubic Foot), Yield, and Air Content (Gravimetric) of Concrete. Air content from AASHTO T 152 Air Content of Freshly Mixed Concrete by the Pressure Method may be used in lieu of the air content by the gravimetric method in AASHTO T 121. (c) AASHTO T 22 Compressive Strength of Cylindrical Concrete Specimens shall be performed with at least two specimens at 7 days and three specimens at 28 days. Three additional specimens tested at 56 days shall be required for Class H and HT concrete. (d) Class H and HT concrete shall include a measurement of permeability by ASTM C 1202 Electrical Indication of Concrete's Ability to Resist Chloride Ion Penetration. The concrete test specimens shall be two 2 inch thick disks sawed from the centers of two molded 4 inch diameter cylinders cured no more than 56 days in accordance with ASTM C 192 Standard Practice for Making and Curing Concrete Test Specimens in the Laboratory. (e) Class H, HT and S50 concrete shall include a measurement of cracking by AASHTO PP 34 Standard Practice for Estimating the Cracking Tendency of Concrete. The ring shall be cured in an indoor room with June 13,2003 REVISION OF SECTION 601 STRUCTURAL CONCRETE the temperature maintained 180C - 240C (650F - 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%"). Except for class H and HT concrete, the laboratory trial mix must produce an average 28 day compressive strength at least 115 percent of the required 28 day field compressive strength. The laboratory trial mix for Class H or HT concrete must produce an average 56 day compressive strength at least 115 percent of the required 56 day field compressive strength. The laboratory trial mix shall have a relative yield of 0.99 to 1.02. When Portland Cement Concrete Pavement is paid with a volumetric pay quantity, the relative yield of the concrete produced on the project shall be 0.99 to 1.02. If the relative yield of the produced concrete does not conform to this range for two consecutive yield determinations, concrete production shall cease and the Contractor shall present a plan to correct the relative yield to the Engineer. Aggregate data shall include the results of the following: (1) AASHTO T 11 Materials Finer Than 75 um (No. 200) Sieve in Mineral Aggregates by Washing. (2) AASHTO T 19 Unit Weight and Voids in Aggregate. (3) AASHTO T 21 Organic Impurities in Fine Aggregate for Concrete. (4) AASHTO T 27 Sieve Analysis of Fine and Coarse Aggregates. (5) AASHTO T 84 Specific Gravity and Absorption of Fine Aggregate. (6) AASHTO T 85 Specific Gravity and Absorption of Coarse Aggregate. (7) AASHTO T 96 Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (8) AASHTO T 104 Soundness of Aggregate by Use of Sodium Sulfate or Magnesium Sulfate. (9) AASHTO T 176 Plastic Fines in Graded Aggregates and Soils by use of the Sand Equivalent Test (10) ASTM C 535 Resistance to Degradation of Large -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine (11) ASTM C 1260 Potential Alkali Reactivity of Aggregates (Mortar -Bar Method) Any aggregate with an expansion of 0.10 percent or more at 16 days after casting as determined by ASTM C 1260 shall not be used unless mitigative measures are included in the mix design and subsequent results of CPL 4202 with the design mix proportions show an expansion not exceeding 0.10 percent at 16 days after casting. The Concrete Mix Design Report shall state what mitigative measures were included in the concrete mix design and include results for ASTM C 1260 and CPL 4202. June 13, 2003 REVISION OF SECTION 601 STRUCTURAL CONCRETE The Concrete Mix Design Report shall include Certified Test Reports showing that the cement, flyash and silica fume admixture meet the specification requirements and supporting this statement with actual test results. The certification for silica fume shall state the solids content if the silica fume admixture is furnished as slurry. Where the Contractor's use of fly ash results in any delay, necessary change in admixture quantities or source, or unsatisfactory work, the cost of such delays, changes or corrective actions shall be borne by the Contractor. The Contractor shall submit a new Concrete Mix Design Report meeting the above requirements when a change occurs in the source, type, or proportions of cement, fly ash, or aggregate. Unless otherwise permitted by the Engineer, the product of only one type of portland cement from one mill of any one brand shall be used in a concrete mix design. Review and approval of the Concrete Mix Design by the Engineer does not constitute acceptance of the concrete. Acceptance will be based solely on the test results of concrete placed on the project. Subsection 601.07 shall include the following: Silica fume shall be added to the mix during initial batching. Subsection 601.12 shall include the following: At the pre -placement conference, the Contractor shall present a concrete winter protection plan for acceptance by the Engineer. The accepted concrete winter protection plan shall contain information on the number and type of heat sources to be used, a sketch detailing the enclosure materials, and all other pertinent information. Sufficient equipment shall be supplied to continuously maintain the specified temperature uniformly in all parts of the enclosure. Insulated blankets on top of the bridge deck and freely circulated artificial heat below the deck will be permitted. Subsection 601.12(c) shall include the following: Before concrete placement, all ice, snow, and frost shall be completely removed from within formwork. Salt shall not be used to thaw ice, snow, or frost. Delete subsection 601.13 and replace with the following: 601.13 Curing Concrete Other Than Bridge Decks. When the ambient temperature is below 20C (35°F) the Contractor shall maintain the concrete temperature above 10°C (50°F) during the curing period. It shall be the Contractor's responsibility to determine for himself the necessity for undertaking protective measures. The minimum curing period shall be determined by one of the following methods. The Engineer shall review for adequacy, the Contractor's determination of the curing period. (1) The minimum curing period shall be 120 hours (2) The minimum curing period shall be from the time the concrete has been placed until the concrete has met a compressive strength of 80 percent of the required field compressive strength. The Contractor shall cast information cylinders on the final portion of a placement and stored as close to the structure as possible. The information cylinders shall receive similar thermal protection as the structure. The contractor shall be responsible for the protection of the information cylinders. In -place strength shall be determined by at least two cylinders. If the information cylinders are destroyed in the field, the minimum curing period shall be 120 hours. (3) The minimum curing period shall be from the time the concrete has been placed until the concrete has met a compressive strength of 80 percent of the required field compressive strength. The Contractor shall develop a maturity relationship for the concrete mix design in accordance with ASTM C 1074. The June 13, 2003 REVISION OF SECTION 601 STRUCTURAL CONCRETE Contractor shall provide the maturity meter and all necessary thermocouples, thermometers, wires and connectors. The Contractor shall be responsible for the placement, protection and maintenance of the maturity meters and associated equipment. Locations where the maturity meters are placed shall be protected in the same manner as the rest of the structure. The Contractor shall install the thermocouples at locations designated by the Engineer. The Contractor shall monitor the temperature at intervals acceptable to the Engineer. Maturity meters, thermocouples and information cylinders will not be measured or paid for separately, but shall be included in the work. Enclosures with artificial heat sources will be permitted. If enclosures are used the Contractor shall monitor the structural integrity of the enclosure. Artificial heat sources shall not be placed in such a manner as to endanger formwork or expose any area of concrete to drying due to excessive temperatures. At the end of the curing period, the protection shall remain in place until it can be removed without permitting the concrete temperature to fall more than 280C (50°F) in a 24-hour period. Sudden changes of concrete temperature shall be prevented. Immediately after placing fresh concrete, all concrete shall be cured by one of the following methods. The Engineer shall review for adequacy, the curing method proposed by the Contractor. (a) Wafer 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 ftZ/g). All concrete cured by this method shall receive two applications of the curing compound. The first coat shall be applied immediately after stripping of forms and acceptance of the concrete finish. if the surface is dry, the concrete shall be thoroughly wet with water and the curing compound applied just as the surface film of water disappears. The second application shall be applied after the first application has set. During curing operations, any unsprayed surfaces shall be kept wet with water. The coating shall be protected against marring for a period of at least 10 days after application. Any coating marred, or otherwise disturbed, shall be given an additional coating. Should the surface coating be subjected continuously to injury, the Engineer may require that water curing, as described in subsection 601.13(a) be applied at once. When using a curing compound, the compound shall be thoroughly mixed within an hour before use. if the use of a curing compound results in a streaked or blotchy appearance, its use shall be discontinued. Water curing, as described in subsection 601.13 (a), shall then be applied until the cause of the defective appearance is corrected. (c) Form Method. Concrete shall be protected by forms during the curing period Forms shall be kept moist, when necessary, during the curing period to insure the concrete surface remains wet. (d) Blanket Method. Electrically heated curing blankets or insulation blankets may be used in cold weather to maintain specified curing temperature and to retain moisture in concrete. Blankets shall be lapped at least 200 mm (8 inches) and shall be free of holes. Blankets shall be secured at laps and edges to prevent moisture from escaping. The following procedures shall be followed if the temperature of the concrete structure falls below 0°C (32°F) before the concrete reaches 80 percent of the required field compressive strength: June 13, 2003 REVISION OF SECTION 601 STRUCTURAL CONCRETE (1) The Contractor will take cores at locations designated by the Engineer. (2) The Engineer will take immediate possession of the cores and submit the cores to a petrographer for examination in accordance with ASTM C 856. (3) All costs associated with coring, transmittal of cores, and petrographic examination shall be born by the Contractor regardless of the outcome of the petrographic examination. (4) Concrete damaged by frost as determined by the petrographic examination shall be removed and replaced at the Contractor's expense. Delete subsection 601.15 and 601.16 and replace with the following: 601.15 Bridge Deck Placing, Consolidating and Finishing. The Contractor shall prepare a written Quality Control Plan (QCP) which defines the quality control measures the Contractor will use to ensure the placing, consolidating, and finishing, curing and weather protection of the bridge deck conforms to the Contract requirements. The Contractor may refer to the Structural Concrete Pre -Pour Conference Agenda in the department's Construction Manual for examples of items that should be included in the QCP. It shall also identify the Contractor's method for ensuring that the provisions of the QCP are met. The Contractor shall submit the QCP to the Engineer for written approval before the pre -pour conference. A Pre -Placement Conference shall be held at a time mutually agreed upon before the initial placement of Class H, Class HT or Class S50 concrete. Representatives of the ready mix producer and the Contractor shall meet with the Engineer to discuss the following topics: (1) Concrete Mix Ingredients and Proportions (cement content, effect of admixtures, etc.) (2) Work Schedule (3) Applicable Specifications and Special Notes (4) Delivery Details (5) Planned Construction Joint Locations (6) Role of All Personnel (7) Construction Details - surface preparation, finish, joint locations, etc. (8) Testing Requirements (9) Acceptance Criteria (10)Contingency Plans for Wind, Rain, Breakdown, etc. (11)Curing Details (a) Surface Preparation. Tops of girders, precast deck panels, pier caps, and abutments that will come into contact with bridge deck concrete shall be heated to raise the temperature above 2°C (35°F) prior to concrete placement. The proposed preheating method is subject to approval by the Engineer. Prior to placement of a Class HT concrete overlay, the deck shall be prepared as follows: 1. Newly Placed Decks or Existing Decks That Have Been Used as the Final Driving Surface. The deck shall be shot blasted in preparation for a mechanically bonded surface. Shot blasting shall remove the upper surface of the deck down to the coarse aggregate, which requires removing approximately 3 to 5 mm (1/8 to 3/16 inch) of the concrete. 2. Existing Decks Covered with One or More Layers of Bituminous Pavement. The deck shall be planed in accordance with subsection 202.09 to remove all overlying bituminous pavement, bridge deck membrane, and the upper 6.5 mm (1/4 inch) of the deck concrete. If Class HT concrete is not placed within one week of shot blasting or planing, the area shall then be sandblasted and cleaned of all sand, concrete fragments, dirt, and other foreign material within one week before placement. The area shall be moistened at least two hours before placement in order that the substrate concrete is saturated. The substrate concrete shall be allowed to dry and shall be saturated surface dry and free of visible water at the time of placement. June 13, 2003 REVISION OF SECTION 601 STRUCTURAL CONCRETE (b) Test Slab. At least 7 days prior to initial placement of Class H, Class HT or Class S50 concrete on or in a deck, the Contractor shall have prepared, placed, and cured one test slab of at least 3 m3 (4 Cu. Yd.) to verify mix design, demonstrate the ability to perform placement, finishing & curing operations, and to check quality control. The test slab shall be approximately the same thickness as the concrete to be placed. Additional test slabs shall be placed as necessary to verify changes in design or procedures at the contractor's expense. Test slabs that are placed as acceptable work in segments of sidewalks, or as approach slabs, or other locations acceptable to the Engineer, will be paid for as the pay item for that element of the contract. (c) Placing. Concrete shall be placed in accordance with the requirements of subsection 601.12 except for the following: Concrete shall be placed in such manner as to require as little rehandling as possible and at sufficient depth to provide adequate material for screeding and finishing operations. The concrete shall be discharged as near its final location as practicable. The pattern of placement shall be such that lateral flow will be minimized. Concrete shall be placed against the leading edge of fresh concrete where practicable. Class H, Class HT and Class S50 concrete shall be placed only when the concrete mix temperature is between 100C and 270C (50°F and 80°F) at the time of delivery. Class H, Class HT and Class S50 concrete shall not be placed in or on bridge decks when the air temperature exceeds 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 Ib/ft2/hr), in accordance with figure 2.1.5 in ACI 305, then Class H and HT concrete may be placed under these conditions. Longitudinal joints for a Class HT concrete overlay will be allowed only at the locations of lane lines and must be approved by the Engineer. Transverse joints may be utilized when the Engineer determines that the work is not progressing in a satisfactory manner, or when required by change in weather conditions. The Engineer may approve transverse joint locations to accommodate phased overlay construction. (d) Consolidating. Consolidation shall conform to subsection 601.12(e) and to the following: The Contractor shall provide suitable mechanical vibrators to disperse the batch at the point of discharge and to density 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 June 13, 2003 REVISION OF SECTION 601 STRUCTURAL CONCRETE coatings applied to the surface of the slab to retain moisture may be used provided they effectively retard surface evaporation and are adequately maintained until the final cure is placed. Surfaces of bridge decks and bridge approach slabs that will be the final riding surface shall be finished as follows: 1. For the final finish a seamless strip of plastic turf shall be dragged longitudinally over the full width of bridge deck after a seamless strip of burlap or other approved fabric has been dragged longitudinally over the full width of bridge deck to produce a uniform surface of gritty texture. The drags shall be mounted on a bridge other than the bridge to be furnished for department use. The dimensions of the drags shall be such that a strip of material at least 1 m (3 feet) wide is in contact with the full width of pavement surface while each drag is used. The drags shall consist of sufficient material and be maintained in such a condition that the resultant surface finish is of uniform appearance and reasonably free from grooves 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 furnished with circular blades may be used. Single blade equipment may be authorized by the Engineer where multi -blade assemblies do not allow sawing a distance one foot from obstructions. The grooving shall be rectangular and conform to the following: Depth: 3 mm ± 1 mm (0 inch ± 1/32 inch) Width: 3 mm ± 1 mm (0 inch ± 1/32 inch) Spacing:20 mm ± 1 mm (3/4 inch ± 1/32 inch) center to center Grooves shall be longitudinal and parallel to the centerline of the roadway. Overlapping of grooves by succeeding passes will not be permitted. The grooves shall terminate 0.45 m (1.5 feet) from the face of curb or bridge rail on each side of the overlaid bridge deck. Grooving to bridge joint system. For joint systems that are perpendicular to the roadway centerline, grooving shall extend to 225 mm ± 75 mm (9 inches ± 3 inches) from the armor of the joint. For the joint systems that are not perpendicular to the centerline of the roadway, grooving shall remain parallel to the centerline and shall not be nearer than 150 mm (6 inches) to the joint armor nor farther than 1.2 m (4 feet) from the joint armor. The distance between grooves, from one side to other of the joint system, shall not exceed 1.5 m (5 feet). The Contractor shall maintain the grooving equipment so that aggregate particles or cement build-up on the saws is promptly cleared or cleaned so that the grooves are neat, true and in conformance with the specified dimensions. (f) Surface Smoothness. All Bridge Deck Surfaces. Acceptability of the deck surface will be determined as follows: The Contractor shall furnish a 3 m (10 foot) straightedge or other approved device. When the concrete is sufficiently hard, the Contractor shall test the bridge deck surface with the 3 m (10 foot) straightedge or other approved device. Areas showing high spots of more than 3 mm (1/8 inch) but not exceeding IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20 , 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: Address: By: Title: ATTEST: By: (SEAL) By: Title: SURETY (SEAL) 7/96 Section 00410 Page 3 June 13, 2003 10 REVISION OF SECTION 601 STRUCTURAL CONCRETE 12 mm (% inch) in 3 m (10 feet) shall be marked. The marked area shall be immediately ground with an approved grinding tool so that the surface deviation will not be in excess of 3 mm (1/8 inch) 3 m (10 feet). Grinding shall not reduce the concrete cover on reinforcing steel to less than 45 mm (13/4 inches), (70 mm [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. 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 Concrete LPI Concrete (in./mi.) $/sq. d. (mm/km) $/m2 s12 or $1.20 <190 $1.45 ALL BRIDGE 12.1-15 $0.90 191-235 $1.08 In accordance DECKS 15.1-18 $0.60 236-285 $0.72 with subsection 18.1-22 $0.30 286-345 $0.36 601.15(d)l 22.1-25 1 $0.00 1 346-395 $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. For Class H and HT concrete the minimum curing period shall be 168 hours and from May 1 and until September 30 the water cure method as described below shall be used without the membrane forming curing compound. Concrete bridge decks, including bridge curbs and bridge sidewalks shall be cured as follows: June 13, 2003 11 REVISION OF SECTION 601 STRUCTURAL CONCRETE (a) Decks placed from May 1 to September 30 shall be cured by the membrane forming curing compound method followed by the water cure method as follows: Membrane Forming Curing Compound Method. A volatile organic content (VOC) compliant curing compound conforming to AASHTO M 148, Type 2 shall be uniformly applied to the surface of the deck, curbs and sidewalks at the rate of 40 L/100 mZ (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 %2 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. 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: The concrete surface shall be kept moist at all times by fogging with approved atomizing nozzles until the surface has been covered by the final cure. 2. At lease two atomizing nozzles shall be in operation at all times. A fogging nozzle that has shown acceptable performance is FOGG-IT Waterfog, low volume (7.5 liters per minute), manufactured by Fogg -it Nozzle Co. at P.O. Box 16053, San Francisco, California, 94116, or an approved equal. 3. From October 1 and until April 30 continuous fogging will not be required if the evaporation rate is less than 0.50 kg/m2/hr (0.10 Ib/ft2/hr). Ambient temperatures during initial curing shall be warm enough that the water from fogging does not freeze before insulating blankets are applied. The internal concrete temperature shall be determined by using thermocouples and a continuous recording device. The Contractor shall provide the thermocouples and a continuous recording June 13, 2003 12 REVISION OF SECTION 601 STRUCTURAL CONCRETE device and install the thermocouples at locations designated by the Engineer. The continuous recording device connected to the thermocouple shall be calibrated to provide accurate temperature readings. During the cure period the continuous recording device shall be visible, show visible readings, and the Contractor shall continuously monitor the concrete temperature and provide the recorded data to the engineer after the monitoring of temperature for that placement is complete. (f) When the ambient temperature is below 20C (350F), the Contractor shall maintain the internal concrete temperature above 100C (50°F) during the curing period, except the last 48 hours of the curing period the internal concrete temperature may be kept above 40C (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 (40"F) shall be added to the original days of protection. If the internal concrete temperature at any location in the bridge deck concrete falls below 0"C (32°F) during the first 24 hours of the curing period, the Engineer may direct the Contractor to core the areas in question at the locations indicated by the Engineer. The Engineer will take immediate possession of the cores. The Engineer will submit the cores to a petrographer for examination in accordance with ASTM C 856. Concrete damaged by frost, as determined by the petrographer, shall be removed and replaced at the Contractor's expense. All costs associated with coring, transmittal of cores, and petrographic examination shall be born by the Contractor regardless of the outcome of the petrographic examination. At the end of the protection period, the protection shall remain in place until it can be removed without permitting the concrete temperature to fall more than 28°C (50°F) in a 24-hour period. Sudden changes of temperature shall be prevented. Subsection 601.17 shall include the following: After the curing period for Class HT concrete has elapsed, the overlay shall be "sounded" by the Contractor in accordance with ASTM D 4580 Standard Practice for Measuring Delaminations in Concrete Bridge Decks by Sounding to determine if the Class HT concrete has bonded to the bridge deck. In areas where the Class HT concrete has not bonded to the bridge deck, it shall be removed and replaced at the Contractors expense. Class HT concrete overlays shall not be opened to traffic, including construction traffic, for at least 14 days after placement. At the Engineer's discretion, the overlay may be opened to construction traffic sooner than 14 days but not until after the curing period has elapsed and the average strength of two field cured cylinders has reached 30 MPa (4500 psi). The field cured cylinders shall be made in accordance with AASHTO T 23 Making and Curing Concrete Test Specimens in the Field. Subsection 601.18 shall include the following: Bridge Deck Finish (Sawed Grooves) will be measured by the square meter (square yard). The area includes the length of the bridge and approach slabs, with deductions for areas occupied by expansion devices as specified, multiplied by the width of the roadway between the faces of curb or bridge rail on each side, less 0.9 m (3.0 feet). Bridge Deck Finish (Sawed Grooves) will not be remeasured but will be the quantity shown on the plans. June 13, 2003 13 REVISION OF SECTION 601 STRUCTURAL CONCRETE Exceptions for each structure will be: (1) when field changes are ordered, or (2) when it is determined that there are discrepancies on the plans in an amount of plus or minus two percent of the plan quantity for the structure. Subsection 601.19, 2nd paragraph shall include the following: Pay Item Pay Unit Bridge Deck Finish (Sawed Grooves) Square Yard Bridge Deck Finish (Sawed Grooves) Square Meter July21, 1999 1 REVISION OF SECTIONS 601 AND 708 STRUCTURAL CONCRETE COATING Sections 601 and 708 of the Standard Specifications are hereby revised for this project as follows: Subsection 601.01 shall include the following: This work includes preparing concrete surfaces designated in the Contract and applying an approved colored Structural Concrete Coating to them. Subsection 601.03 shall include the following: Structural Concrete Coating 708.08 Subsection 601.09(9 shall include the following: All concrete forms for surfaces to which Structural Concrete Coating is to be applied shall be treated with a water based concrete form release agent prior to placing reinforcement. In Subsection 601.14 (a) delete the third paragraph and replace with the following: Structural Concrete Coating shall be the final finish for all concrete surfaces designated on the plans and in these specifications. Delete Subsection 601.14(b)4. and replace with the following: 4. Structural Concrete Coating. Unless otherwise shown on the plans, the coating shall be applied to all exposed concrete elements of the structure above the ground line, including the tops of all pier caps and abutment seats, and shall extend 300 mm (1 foot) below the finished ground line. Bridge bearing devices, curb and barrier cover plates, fence, and steel bridge rail shall be masked or otherwise protected to prevent structural concrete coating from coming into contact with them. The final color of the Structural Concrete Coating shall have the Engineer's written approval prior to batching and application on the project. Approval of the final color of the coating will be determined by the Engineer as follows: (1) A 300 mm (1 foot)by 300 mm (1 foot) sample of each color required by the plans, shall be submitted to the Engineer. The sample coating shall be applied to surfaces similar in texture to the concrete surfaces to which the coating will be applied on the project. The sample coating shall be applied by the same methods to be used in field application. (2) At least three weeks prior to beginning application of the Structural Concrete Coating, 10 m2 (100 square foot) test panels shall be prepared for each color selected by the Engineer. The test panels shall be produced on the actual concrete surface on which the final product will be placed, at a location designated by the Engineer where all the required color and texture combinations may be viewed adjacent to each other. The coatings shall be applied to the test panels by the same methods to be used in the final field application. The Engineer shall be allowed one week after application of the last test panel for review and approval. Concrete surfaces to which the structural concrete coating will be applied shall be prepared as follows: (1) Following curing of the concrete in accordance with Subsection 601.13, all projections and bulges shall be removed and the surface sandblasted. Sandblasting shall profile the concrete surface, remove all form release agents, and all other deleterious materials that would inhibit the bond of the Structural Concrete Coating. The profile of the sandblasted concrete surface shall be equivalent to Concrete Surface Profile Three (CSP 3) as defined in Technical Guideline No. 03732, " Selecting and Specifying Concrete Surface Preparation for Sealers, Coatings, and Polymer Overlays" by the International Concrete Repair Institute. The Contractor shall provide a CSP 3 chip for use on the project. (2) A mortar mix, proportioned by volume, consisting of one part portland cement, two to three parts sand (conforming to the requirements of ASTM C 144), and an approved bonding agent shall be used to patch July21, 1999 REVISION OF SECTIONS 601 AND 708 STRUCTURAL CONCRETE COATING all holes produced by form ties, honeycombing, voids 13mm (1/2inch) or larger in any dimension, broken comers and edges, and other defects. The mortar mix shall include an approved bonding agent. The quantity, and application procedure of the bonding agent shall be in accordance with the recommendations of the manufacturer of the bonding agent. Areas to be patched shall be moistened with water before the mortar is applied, and the patched area shall be float finished and left flush with the concrete surface without checking or cracking of patches. Patching shall be done when the ambient temperature is at least 4 °C (40 OF). Holes deeper than 19 mm (3/4 inch) shall be filled in layers that do not exceed 19 mm (3/4 inch) in thickness. (3) Within 24 hours prior to applying Structural Concrete Coating, the concrete surface to be coated shall be cleaned by water blasting at a minimum pressure of 21 MPa (3,000 psi) to remove dust, dirt, and other materials that would inhibit bonding of the coating. If the surface is contaminated before application of the coating, it shall be recleaned as required prior to application of the coating. New concrete shall be at least 28 days old or as approved in writing by the coating manufacturer before the coating is applied. The coating shall be applied at a rate that will provide a minimum dry film thickness of 255 to 305 micrometers (10 to 12 mils) without texturing agent. The coating shall be mixed by a mechanical mixer and applied by spraying. Workmanship shall be such that the final coated surface is colored and textured uniformly and presents a pleasing appearance. All areas determined by the Engineer to be insufficiently coated shall be recoated. The coating shall be applied only when the ambient temperature is between 4 °C (40 OF) and 32 °C (90 OF), and is anticipated to remain above 4 °C (40 OF) for a minimum of twenty-four hours. The surface to be coated shall be dry and free of frost. Subsection 601.18 shall include the following: Structural Concrete Coating will not be remeasured but shall be the surface area quantity shown on the plans; except that measurements will be made when field changes are ordered, or for an error of plus or minus five percent of the plan quantity for each structure to be coated. Subsection 601.19 shall include the following: The accepted quantities of Structural Concrete Coating will be paid for at the contract unit price per unit of measurement for the Pay Items listed below. Payment will be made under: Pay Item Pay Unit Structural Concrete Coating Square Meter (Square Yard) Payment shall be full compensation for all work and is not limited to: (1) Water based form release agent. (2) Sample preparation. (3) Abrasive blasting. (4) Patching materials and application. (5) Structural Concrete Coating and application. materials necessary to complete the item and shall include, but When requested by the Engineer, the Contractor shall provide the Engineer with a certified invoice from the coating supplier indicating the total volume of Structural Concrete Coating supplied to the project. Delete Subsection 708.08 and replace with the following: 708.08 Structural Concrete Coating. The Coating shall be a one -component, high -build, non -vapor barrier, 100% acrylic emulsion in water, and a texturing agent. July21, 1999 3 REVISION OF SECTIONS 601 AND 708 STRUCTURAL CONCRETE COATING MINIMUM PHYSICAL PROPERTIES Solids by Weight 48 percent (Without texturing agent) Solids by Volume 36 percent (Without texturing agent) Weight per liter 1.0 kg/I (8.3 Ibs/gal) (Without texturing agent) Texturing Agent 0.38 to 0.46 kg/I (3.2 to 3.8 Ibs/gal), No. 40 to 60 Ottawa sand or equivalent All coating material shall be delivered to the project site in sealed containers bearing the manufacturer's original labels. A material safety data sheet (MSDS) prepared in accordance with Federal Standard 313 and a complete set of manufacturers mixing and application instructions shall be submitted to the Engineer before the Contractor begins applying the coating. March 4, 2002 REVISION OF SECTION 602 INSTALLATION OF TIE WIRE Section 602 of the Standard Specifications is hereby revised for this project as follows: Subsection 602.06, eighth paragraph, shall include the following: Automated tie wire devices may be used. The total cross -sectional area of the automated tie wire wrap shall roughly equal the total cross -sectional area of a manually installed tie wire wrap. The tie wire shall be epoxy coated or plastic coated for use with epoxy coated reinforcing steel. All epoxy coating on the reinforcing steel that is damaged from the use of automated tie wise devices shall be repaired at the Contractor's expense. May 26, 2005 1 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 630.10 and replace with the following: 630.10 Traffic Control Management. The Contractor shall designate an individual, other than the superintendent, to be the traffic control supervisor. The traffic control supervisor shall be certified as a worksite traffic supervisor by either the American Traffic Safety Services Association (ATSSA) or the Colorado Contractors Association (CCA), and shall have a current Department flagger's certificate. A copy of the traffic control supervisor's certifications shall be provided to the Engineer at the preconstruction conference. The Contractor's Superintendent and all others serving in a similar supervisory capacity shall have completed a CDOT-approved two-day Traffic Control Supervisor training as offered by the CCA. The one — day CCA Traffic Control Technician (TCT) training along with the two-day ATSSA Traffic Control Supervisor training will serve as an alternate. If the alternate is chosen, the Contractor shall provide written evidence that at least an 80 percent score was achieved in both of the two training classes. The certifications of completion or certifications of achievement for all appropriate staff shall be submitted to the Engineer at the preconstruction conference. The traffic control supervisor's duties shall include: (1) Preparing, revising, and implementing each required method of handling traffic in accordance with the traffic control plan. (2) Directly supervising project flaggers. (3) Coordinating all traffic control operations, including those of subcontractors and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies. (5) Preparing a traffic control diary on every calendar day traffic control devices are in use. This diary shall be submitted to the Engineer daily and become a part of the Department's project records. The diary shall include the following information as a minimum: (i) Date (ii) For Traffic Control Inspection, the time of the inspection (iii) Project number (iv) Traffic Control Supervisor's name (v) 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 (vi) Types and quantities of traffic control devices used per approved MHT (vii) List of flaggers and uniformed traffic control (UTC) used, including start time, stop time, and number of flagging hours and UTC hours used (viii) Traffic control problems (traffic accidents; damaged, missing or dirty devices, etc.) and corrective action taken (6) Inspecting traffic control devices on every calendar day that traffic control devices are in use, masked, or turned away from traffic. These inspections shall include at least one night inspection per week. The TCS or another representative who is certified as a work site traffic supervisor shall perform these inspections. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the Contract which contribute to the convenience, safety and orderly movement of traffic. Have an up-to-date copy of the MUTCD and applicable standards and specifications available at all times on the project. (9) Attending all project scheduling meetings. (10) Supervising the cleaning and maintenance of all traffic control devices. A certified worksite traffic supervisor shall provide traffic control management (TCM) on a 24-hour-per-day basis. The traffic control supervisor (TCS) or another representative who is certified as a work site traffic supervisor shall be available and reasonably accessible to the job site on every working day, on call at all times, and available upon the Engineer's request at other than normal working hours. During non -work periods, the TCS or another May 26, 2005 2 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL 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. 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. 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: 2. Permanent main office address: 3. When organized: 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you? If so, where and why? 9. Have your ever defaulted on a contract? If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. 7/96 Section 00420 Page 1 May 26, 2005 3 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The quantity to be measured for flagging will be the total number of actual flagging hours that are used as authorized in accordance with an approved MHT. Payment will not be made for time spent by flaggers to set up and take dwon construction traffic control devices. The quantity to be measured for pilot car operation will be the total number of hours that pilot car operation is used as authorized. Hours of flagging and hours of pilot car operation in excess of those authorized shall be at the Contractor's expense. Delete subsection 630.15 and replace with the following: 630.15 Payment for the individual traffic control devices necessary to complete the work shall be full compensation for furnishing, erecting, cleaning, maintaining, resetting, repairing, replacing, moving, removing, and disposing of the construction traffic control devices. All construction traffic control devices that are not permanently incorporated into the project will remain the property of the Contractor. Construction traffic control devices, as determined by the project traffic control plan (TCP), will be paid for as follows: 50 percent of the accepted amount upon first utilization, an additional 40 percent of the accepted amount when 75 percent of the original contract amount has been earned, and the final 10 percent when the project has been completed in accordance with subsection 105.16, exclusive of any maintenance periods. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Construction Traffic Vertical Panel (With Light) (Flashing) Each Advance Warning Flashing or Sequencing Arrow Panel (_Type) Each Traffic Cone Each Channelizing Device (Fixed) Each Delineator Traffic Control Management Day 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 Flagging Hour May 26, 2005 4 SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Construction Traffic Sign (Special) is a project specific sign indicated on the Schedule of Construction Traffic Control Devices. When Traffic Control Management and Traffic Control Inspection are not pay items, traffic control management will not be paid for separately, but shall be included in the work. Flagger hand devices will not be measured and paid for separately, but shall be included in the work. Cost of electrical power, including batteries, for all temporary lighting or warning devices shown on the TCP will not be paid for separately but will be considered subsidiary to the item. Temporary masking signs, including the covering materials and fastening devices, will not be measured and paid for separately but shall be included in the work. The Contractor may provide larger construction traffic signs than those shown on the plans, if approved; however, payment will be made for the panel size designated. If the Contractor fails to complete construction within the approved contract time, no payment will be made for the use of Section 630 pay items for the period of time after expiration of the approved contract time. These items shall be provided at the Contractor's expense. Cleaning and patching of the roadway after removal of the Channelizing Device (Fixed) will not be paid for separately, but shall be included in the work. October 14, 2003 REVISION OF SECTION 630 METHOD OF HANDLING TRAFFIC Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.09 shall include the following: (7) The Contractor shall provide verification by field survey that the vertical clearances for structures in all areas covered by a proposed MHT meet or exceed the minimum clearances shown in Table 630-2. If the vertical clearance is less than what is shown for the particular condition in Table 630-2, the Contractor shall identify the location where this clearance cannot be met, and provide an appropriate signing plan.' This information shall be included in the MHT and shall be submitted to the Engineer for approval a minimum of five days before the MHT is implemented. (8) The Contractor shall provide verification by field survey that the total driving lane plus shoulder in all areas covered by a proposed MHT is at least 17 feet.z If this width cannot be maintained, the Contractor shall identify the location where this clearance cannot be met, and provide an appropriate signing plan. This information shall be included in the MHT and shall be submitted to the Engineer for approval a minimum of five days before the MHT is implemented. TABLE 630-2 VERTICAL CLEARANCES TO STRUCTURES Highway Underpasses Railway Underpasses Overhead Wires Local Rural Roads 14 Feet 23 Feet' 5 Local Urban Streets Rural Collectors Urban Collectors Rural Arterial 16 Feet3 Urban Arterial 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. August 26, 2004 REVISION OF SECTION 630 NCHRP 350 REQUIREMENTS Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.01 delete the 2nd sentence: Subsection 630.08 shall include the following: Work zone devices designated by FHWA as category I, including but not limited to single -piece drums, tubes, cones and delineators 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. However, the Contractor may use category II devices originally purchased prior to October 1, 2000 in accordance with Table 630-2. 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. Work zone devices designated by FHWA as category III, including but not limited to concrete barriers, fixed sign supports, crash cushions, and other work zone devices not meeting the definitions of Category 1 or 11 shall meet NCHRP 350 crash test requirements. However, the Contractor may use category III devices originally purchased prior to October 1, 2002 in accordance with Table 630-2. The Contractor shall obtain and present to the Engineer the manufacturer's written NCHRP 350 certification for each type of category III device or shall certify that the category III device was originally purchased prior to October 1, 2002 before it is first used on the project. Work zone devices that do not meet NCHRP 350 requirements shall not be used after the phase out date. Table 630-2 Phased Implementation of Work Zone Devices WORK ZONE DEVICES COMPLIANCE DATE PHASE OUT DATE Category I October 1, 1998 for new installations. N/A Category II October 1, 2000 for new installations. All devices must be in Existing devices may be used until service compliance by January 1, life is exhausted or until phase -out date, 2005. whichever comes first. Category III October 1, 2002 for new installations. All devices shall meet Existing devices may be used until service NCHRP 350 compliance life is exhausted or until phase -out date, by January 1, 2006. whichever comes first. Exceptions: (see below Category III Exception: Manufactured and purchased prior to January 1, 2006 Temporary Concrete Barriers October 1, 2002 may be used for temporary - Type 4 (Obsolete) installations on projects advertised before I/1/2006 but may NOT be used for ermanent installations. Category III Exception: Units manufactured and purchased after N/A Temporary Concrete Barriers October 1, 2002 must meet new standard. New Standard: Type 7 F-shape Category III Exception: October 1, 1998 for new installations NA Truck -mounted Attenuators & Work Zone Crash Cushions May 26, 2005 1 REVISION OF SECTION 630 PORTABLE SIGN STORAGE Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.12, first paragraph, delete the fifth sentence and replace with the following: When storing portable signs or supports within the project they shall be removed beyond the clear zone and shall not be visible to traffic. All storage areas shall be approved. The minimum clear zone distance shall be 18 feet, measured from the edge of traveled way. If the signs cannot be stored at least 18 feet from the traveled way, they shall be removed. Under no circumstances shall signs be stored on the paved surface. March 6, 2003 -1- REVISION OF SECTION 701 HYDRAULIC CEMENT Section 701 of the Standard Specification is hereby deleted for this project and replaced with the following: 701.01 Portland Cement. Portland cement shall conform to the requirements of the following specifications for the type specified or permitted: Masonary Cement Portland Cement Blended Hydraulic Cement Hydraulic Cement ASTM C 91 ASTM C 150 ASTM C 595 ASTM C 1157 In addition to the standard chemical requirements for portland cement in ASTM C 150, the maximum percent of equivalent alkalis (Na20 + 0.658 K2O) shall not exceed 0.90 percent. Where either Type I or Type II portland cement is required, blended hydraulic cement conforming to ASTM C 595 Type 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 II 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. The cement shall be subject to sampling and testing by the department. Test results that do not meet the physical and chemical requirements may result in the suspension of the use of the cement until the corrections necessary have been taken to insure that the material meets the specifications. The Contractor shall provide suitable means for storing and protecting the cement against dampness. Cement which, for an reason, has become partially set or which contains lumps of caked cement shall not be used. Cement salvaged from discarded or used bags shall not be used. March 6, 2003 -2- REVISION OF SECTION 701 HYDRAULIC CEMENT 701.02 Fly Ash. Fly ash for concrete shall conform to the requirements of ASTM C 618, Class C or Class F. All chemical requirements of ASTM C 618 Table 1 shall apply with the folowing exceptions: (1) Footnote A shall not apply. (2) Loss on Ignition shall not exceed 3.0 percent. Class C fly ash will not be permitted in concrete where Type V portland cement is required. Fly ash shall be from a preapproved source listed on the Department's Approved Products List. The fly ash intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports showing that the fly ash meets the specification requirements and supporting this statement with actual test results shall be submitted to the Engineer. Preapproval shall include submission of a report from the supplier documenting the results of testing the fly ash from that source in accordance with the Toxicity Characteristic Leaching Procedure (TCLP) described in 40 CFR 261, Appendix II. The report shall include the results of TCLP testing for heavy metals and other contaminants found in the fly ash. The report shall list the contaminants tested, and the allowable levels for each contaminant tested. A new report shall be submitted for each preapproved source annually. Additional TCLP testing may be required when the department suspects that the fly ash source may have been contaminated. The fly ash shall be subject to sampling and testing by the Department. Test results that do not meet the physical and chemical requirements may result in the suspension of the use of fly ash until the corrections necessary have been taken to insure that the material meets the specifications. 701.03 Silica Fume. Silica fume for concrete shall conform to the requirements of ASTM C 1240. Silica Fume shall be from a preapproved source listed on the Department's Approved Products List. The silica fume intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports showing that the silica fume meets the specification requirements and supporting this statement with actual test results shall be submitted to the Engineer. The certification for silica fume shall state the solids content if the silica fume admixture is furnished as slurry. The silica fume shall be subject to sampling and testing by the Department. Test results that do not meet the physical and chemical requirements may result in the suspension of the use of the silica fume until the corrections necessary have been taken to insure that the material meets the specifications. March 6, 2003 REVISION OF SECTION 703 CONCRETE AGGREGATES Section 703 of the Standard Specifications is hereby revised for this project as follows: In subsection 703.00, delete Table 703-1 and replace with the following: Table 703-1 Concrete Aggregate Gradation Table, Percentages Passing Designated Sieves and Nominal Size Designation Coarse Aggregates (From AASHTO M 43) Fine Aggregat e No.3 No.357 No.4 No.467 No.57 No.6 No.67 No.7 No.8 AASHTO M6 Sieve 50 mm 50 mm 37.5 mm 37.5 mm 25.0 mm 19.0 mm 19.0 mm 12.5 mm 9.5 mm 4.75 mm Size to 25.0 to 4.75 to 19.0 to 4.75 to 4.75 to 9.5 to 4.75 to 4.75 to 2.36 to 150 um mm (2" mm (2" mm (1W mm (114" mm (1" mm (%" mm (%" mm (%" mm ('/e" (#4 to to 1") to #4) to %" to #4 to #4 to " to #4 to #4 to #8 #100 63 mm 100 100 (2h" 50 mm 90 - 100 95 -100 100 100 (2") 37.5 mm 35 - 70 90 - 100 95 -100 100 (1,�. 25.0 mm 0 -15 35 - 70 20 - 55 95 -100 100 100 (1" 19.0 mm 0 - 15 35 - 70 go-100 90 -100 100 ,/. 12.5mm 0-5 10-30 25-60 20-55 90-100 100 9.5 mm 0-5 10-30 0-15 20-55 40-70 65-100 100 Oa 4.75mm 0-5 0-5 0-10 0-5 0-10 0-15 10-30 95-100 (#4 2.36mm 0-5 0-5 0-5 0-10 80-100 #8 1.18 mm 0-5 50-85 (#16) 600 um 25 - 60 (#30 300 um 10 - 30 (#50 150um 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. December 20, 2001 REVISION OF SECTION 706 CONCRETE PIPE Section 706 of the Standard Specifications is hereby revised for this project as follows: Subsections 706.01, 706.02, 706.03, and 706.07 shall include the following: Pipe shall be obtained from a manufacturer that is a current plant quality certified member of the American Concrete Pipe Association (ACPA), meeting all current ACPA requirements for this certification. A copy of the ACPA certification shall be submitted to the Engineer prior to delivery of the pipe. July 21, 1999 I AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY A. AFFIRMATIVE ACTION REQUIREMENTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: Goals and Timetable for Minority Utilisation 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 SECTION 00020 INVITATION TO BID 07/2001 Section 00020 Page 3 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ 16. Bank reference: 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 19 Are you licensed as a General CONTRACTOR? If yes, in what city, county and state? class, license and numbers? Do you anticipate subcontracting Work under Contract? If yes, what percent of total contract? and to whom? 20. Are any lawsuits pending against you or your firm at this time?_ IF yes, DETAIL 7/96 Section 00420 Page 2 What this July21, 1999 2 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for the geographical area where the contract resulting form this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this specification, and in the contract resulting from this solicitation, the "covered area" is the county or counties shown on the Invitation for Bids and on the plans. In cases where the work is in two or more counties covered by differing percentage goals, the highest percentage will govern. July21, 1999 3 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes; (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractor toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance Programs Office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. July 21, 1999 4 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when he Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities andlor participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc., by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the Contractor's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. July 21, 1999 5 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g. Review, at least annually, the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. 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. 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. 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. July 21, 1999 6 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor - union contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even thought the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13 The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form, however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). July 21, 1999 7 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES. 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. July 21, 1999 8 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the Contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the Contractor. (3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or appropriate company official in the Contractor's procedures for locating and hiring minority group employees. b. In order to make the Contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the Contractor will take the following actions: (1) Notices and posters setting forth the Contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2) The Contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the Contractor will include in all advertisements for employees the notation; "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the Contractor will, through his EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the Contractor for employment consideration. In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the Contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the Contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The Contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. 6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed; a. The Contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. July 21, 1999 9 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY b. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor will inform every complainant of all of his avenues of appeal. 7. Training and Promotion. a. The Contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the Contractor's work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. c. The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women with the unions, and to effect referrals by such unions of minority and female employees. Actions by the Contractor either directly or thorough a contractor's association acting as agent will include the procedures set forth below: a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The Contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. ....................................................................................................... July 21, 1999 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within he time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion , sex or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such Contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority -owned construction firms from State highway agency personnel. b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The Contractor will keep such records as are necessary to determine compliance with the Contractor's equal employment opportunity obligations. The records kept by the Contractor will be designed to indicate: (1) The number of minority and nonminority group members and women employed in each work classification on the project. (2) The Progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force). (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The Contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR 1391. August 26, 2004 -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, Kiribati, 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. 21. What are the limits of your public liability? DETAIL What company? 22. What are your company's bonding limitations? 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 this day of , 20 Name of Bidder By: Title: State of County of being duly sworn deposes and says that he is of 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 day of 20 Notary Public My commission expires 7/96 Section 00420 Page 3 August 26, 2004 -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 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 August 26, 2004 -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, August 26, 2004 -4- DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS "Information For Determining Joint Venture Eligibility". Joint applications should be submitted well in advance of bid openings. (c) Bidding Requirements All bidders shall submit with their proposals a fully executed CDOT Form No. 714 including a list of the names of their UDBE subcontractors to meet the contract goal. The apparent low bidder shall submit a fully executed CDOT Form No. 715 for each UDBE used to meet the contract goal (sample attached) no later than 4:00 p.m. on the day after the date of bid opening to the Business Programs Office in the Center for Equal Opportunity. CDOT Form No. 715 may be submitted by FAX, at Fax number (303)757- 9019, with an original copy to follow. In addition, the apparent low bidder shall submit written confirmation from every UDBE used to meet the contract goal that it is participating in the contract as provided in the prime contractor's commitment. If the contract goal is not met, the apparent low bidder shall submit a CDOT form No. 718 and evidence of good faith efforts no later than 4:00 on the day following the bid opening to the Business Programs Office in the Center for Equal Opportunity. CDOT Form NO. 718 may be submitted by FAX, at Fax number (303)757-9019, with an original copy to follow. A copy of CDOT Form No. 718 is incorporated into this specification. 2. The award of Contract, if awarded, will be made to the lowest responsible bidder that will meet or exceed the contract goal or, if the goal will not be met, is able to demonstrate that good faith efforts were made to meet the goal. Good faith efforts are explained in (a)4 of this special provision. 3. The use of the UDBE firms named on CDOT Form No. 714 or on a CDOT Form No. 715, for the items of work described, is a condition of award. The replacement of a named UDBE firm will be allowed only as provided for in (e) of this special provision. Failure to comply will constitute grounds for default and termination of the Contract. 4. Contractor's DBE Obligation. The prime Contractor bidding on construction projects advertised by the Department agrees to ensure that Disadvantaged Business Enterprises (DBEs), as defined in this special provision, have the maximum opportunity to participate in the performance of contracts or subcontracts financed in whole or in part with Federal or State funds. The prime Contractor shall not discriminate on the basis of race, color, national origin, or sex in the bidding process or the performance of contracts. To ensure that UDBEs are offered maximum opportunity to participate in the performance of contracts, it is the responsibility of the prime Contractor to offer and to provide assistance to UDBEs related to the UDBE performance of the subcontract. However, the UDBE must independently perform a commercially useful function on the project. (d) Counting DBE Participation Toward Contract Goals and CDOT's annual DBE goal 1. Once a firm has been certified as a DBE the total dollar amount of the contract awarded to the firm shall be counted toward CDOT's annual DBE goal and the contract goal as explained below, and as modified for the project in the project special provisions titled "Contract Goal. 2. The actual dollar total of a proposed subcontract, supply or service contract with any DBE firm shall be reported to the Department using CDOT Form No. 713. A CDOT Form No. 713 for subcontracts is to be submitted with the CDOT Form No. 205 and receipt will be a condition of approval. The eligibility of a proposed DBE subcontractor will be finally established based on the firm's status at the time of CDOT Form No. 205 approval. A CDOT Form No. 713 for a supply or service contract is to be submitted once a contract has been fully executed so the Department will be able to report the DBE participation in a timely manner. The eligibility of a DBE supplier or service firm will be finally established as of the date the CDOT Form No. 713 is received by the Department. A CDOT Form No. 205 is not required for a supply or service contract. August 26, 2004 -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 August 26, 2004 -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. August 26, 2004 -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. 714 CDOT Form No. 715 CDOT Form No. 718 COLORADO DEPARTMENT OF TRANSPORTATION Project No.: UNDERUTILIZED DBE (UDBE) BID CONDITIONS ASSURANCE Location: Instructions: Contractor — Complete and submit this form with your bid. Report only Underutilized DBE (UDBE) participation percentages which qualify 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. UNDERUTILIZED DBE PARTICIPATION COMMITMENT 1) Will your company's Underutilized DBE (UDBE) participation commitment meet contract goals? ❑ Yes ❑ No 2) Total eligible Underutilized DBE (UDBE) percentage amount from Box A below: % 3 List the UDBE firms, committed work items, and elf ible UDBE percent of your bid that you are committing to each UDBE FIRM NAME CERTIFICATION COMMITTED SUBCONTRACT ELIGIBLE EXP. DATE WORK ITEM(S) CATEGORY UDBE % ❑ Subcontractor El Supplier ❑ Broker 0 �o ❑ Subcontractor 2. ! ! El Supplier ❑ Broker % ❑ Subcontractor ❑ Supplier ❑ Broker 0 �0 ❑ Subcontractor 4 ! ! ❑ Supplier ❑ Broker ❑ Subcontractor 5' ❑ Supplier ❑ Broker 0 �0 ❑ Subcontractor ❑ Supplier ❑ Broker 0 �o BOX A: TOTAL ELIGIBLE UDBE PERCENTAGE AMOUNT: F % (Round percentage amounts to the nearest hundredth) Additional instructions on how to calculate the actual eligible amounts and percentages for the subcontractor, supplier, and broker categories are available on the CDOT Form #715 and in the "Counting DBE Participation Toward Contract Goals and CDOT's annual DBE goal" section of the "DBE — Definitions and Requirements" in the Standard Special Provisions. I understand that, if my company is determined to be the low bidder for the contract on this project, I must submit a completed CDOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION for each firm listed on this form to the Transportation Department by 4:00 pm the day after the bids are opened. The actual amounts submitted on each CDOT Form #715 must equal or exceed the percentage commitments documented on this form. In addition, if my company does not meet the DBE/UDBE goal for this project, I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before the above stated deadline. CDOT Form #715s submitted for firms not included on this form, OR for amounts exceeding those listed on this form, will be accepted but NOT counted as Good Faith Efforts. Only the efforts the contractor made rp for to the bid opening will count as Good Faith Efforts. 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 editions may not be used CDOT Form 714 08104 -I- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-06-05 GENERAL DECISION NUMRF.RS Cnn';0(114 Aran C nnlnn1 t urr14117A V rnrm-rnr,r-rrnwr Decision Nos. C0030014 and C0030015 dated June 13, 2003 v Modifications ID supersedes Decision Nos. C0020014 and C0020015 dated MOD 1 08-15-03 Pages 1, 5 1 March 12, 2002. MOD 2 09-19-03 Pages 1,2,5,6 MOD 3 01-16-04 Pages 1, 5 2 3 When work within a project is located in two or more counties, and the minimum wages and fringe benefits are different for one MOD 4 03-05-04 Pages 1, 5 4 or more job classifications, the higher minimum wages and MOD 5 05-14-04 Pages 1, 5 5 fringe benefits shall apply throughout the project. MOD 6 06-18-04 Pages 1,2,5,6 6 MOD 7 08-20-04 Pages 1,4,5 7 MOD 8 09-17-04 Pages 1, 5 8 MOD 9 03-04-05 Pages 1, 5 9 MOD 10 04-04-05 Pages 1, 5 10 MOD 11 05-06-05 Pages 1,2,5,6 11 General Decision No. C0030014 applies to the following counties: Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo, and Weld counties. General Decision No. C0030014 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod ELECTRICIANS: (Excluding traffic signal installation) 1200 Electrical work $150,000 or less (Pueblo county) 20.84 8.85 + 3% 11 1201 Electrical work over $150,000 (Pueblo county) 24.49 8.85 + 3% 11 1202 Electricians (Adams, Arapahoe, Boulder, Denver, Douglas, Jefferson, Larimer, and Weld counties) 28.91 10.19 10 1203 Electricians (EI Paso county) 24.54 11.20 + 3% 3 1204 Electricians (Mesa county) 18.40 7.20 4 1205 Traffic Signal Installer (Zone 1) 22.91 1.75 + 13% 7 1206 Traffic Signal Installer (Zone 2) 25.91 1.75 + 13% 7 Traffic Installer Zone Definitions Zone 1 — Within a 35 mile radius measured from the addresses of the following cities: Colorado Springs - Nevada & Bijou Denver - Ellsworth Avenue & Broadway Ft. Collins - Prospect & College Grand Junction - 12th & North Avenue Pueblo - I-25 & Highway 50 Zone 2 - All work outside these areas. POWER EQUIPMENT OPERATORS: 1300 Asphalt Screed 20.47 7.22 11 1301 Bituminous or Asphalt Spreader/Laydown Machine 20.47 7.22 11 1302 Bulldozer 20.47 7.22 11 Crane: 1305 50 tons and under 20.62 7.22 11 1306 51 to 90 tons 20.77 7.22 11 1307 91 to 140 tons 20.92 7.22 11 1308 141 tons and over 21.68 7.22 11 -2- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-06-05 GENERAL DFCTSTONNTTMRFRSrnoinntaANTlrnn2nnic A7r]irl17AVrn*Te-rnTInITIT General Decision No. C0030014 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS (cont.): Drill Operator: 1309 William MF/Watson 2500 only 20.77 7.22 11 Grader/Blade: 1310 Rough 20.47 7.22 11 1311 Finish 20.77 7.22 11 Loader: 7.22 11 1312 Barber Green, etc., 6 cubic yards and under 20.47 7.22 11 1313 Over 6 cubic yards 20.62 7.22 11 Mechanic and/or Welder (Includes heavy duty and combination mechanic and welder): 7.22 11 1314 Mechanic and/or Welder 20.62 7.22 11 1315 Mechanic/Welder (Heavy duty) 20.77 7.22 11 1316 Oiler 19.77 7.22 11 Power Broom: 7.22 11 1317 Under 70 HP 19.77 7.22 11 1318 70 HP and over 20.47 7.22 11 Roller: 7.22 11 1319 Self-propelled, rubber tires under 5 tons 20.12 7.22 11 1320 Self-propelled, all types over 5 tons 20.47 7.22 11 Scraper: 7.22 11 1321 Single bowl under 40 cubic yards 20.62 7.22 11 1322 Single bowl including pups 40 cubic yards and tandem bowls and over 20.77 7.22 11 1323 Trackhoe 20.62 7.22 11 1324 Water Truck 20.62 7.22 11 Laborers: Asphalt Laborer/Raker, Common Laborer, 1400 and Concrete Laborer/Mason Tender 16.29 4.25 -3- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-06-05 GENERAL DF.CTSTON NTTMRFRS C0010014 ANTI CrinZnnl t utr_UXVAv CnXTc'rnTTf1 rYn T General Decision No. CO030014 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code ClassiCcation Basic Hourly Fringe Benefits Last Rate Mod 1500 Bricklayers 15.55 2.85 Carpenters: 1600 Form Work (Excluding curbs and gutters) 16.54 3.90 1601 All other work 16.61 3.88 1700 Concrete Finishers/Cement Masons 16.05 3.00 Ironworkers: 1900 Reinforcing 16.69 5.45 1901 Bridge Rail (Excludes guardrail) 18.22 6.01 Laborers: 2001 Fence Erector (Includes fencing on bridges) 13.02 3.20 2002 Form Work (Curbs and gutters only) 11.85 3.45 2003 Guardrail Erector (Excludes bridgerail) 12.89 3.20 2004 Landscape and Irrigation Laborer 12.26 3.16 2005 Pipelayer 13.55 2.41 2006 Striping Laborer (Pre -form layout and removal of pavement markings) 12.62 3.21 2007 Traffic Director/Flagger 9.55 3.05 2008 Traffic and Sign Laborer (Sets up barricades and cones, and installs permanent 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 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all performing over 150 of the contract: concrete, asphalt structures, concrete paving, excavation, traffic control, sewer, and landscaping. ITEM SUBCONTRACTOR subcontractors paving, steel fencing, storm 7/96 Section 00430 Page 1 -4- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-06-05 GENERAL DECISION NUMBERS C0030014 AND C0030015. HIGHWAY CONSTRUCTION General Decision No. C0030014 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS (cont.): Drill Operator: 2203 All except William MF/Watson 2500 16.74 2.66 2204 Forklift 15.91 4.09 2205 Rotomill Operator 16.22 4.41 2206 Post Driver/Punch Machine 16.07 4.41 2207 Tractor 13.13 2.95 2208 Compactor 16.70 3.30 2301 Groundman (Traffic signalization) 11.44 3.25 Truck Drivers: 2400 Floats -Semi Truck 14.86 3.08 2401 Multipurpose Truck - Specialty & Hoisting 14.35 3.49 2402 Truck Mechanic 16.91 3.01 2403 Pickup Truck (Includes Pilot and Sign/Barricade Truck) 13.93 3.68 2405 Single Axle Truck 14.24 3.77 2406 Distributor Truck 15.80 5.27 2407 Dump Truck: 2408 14 cubic yards and under 14.93 5.27 2409 15 to 29 cubic yards 15.27 5.27 2410 30 to 79 cubic yards 15.80 5.27 2411 80 cubic yards and over 16.45 5.27 2412 Low Boy Truck 17.25 5.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses [29 CFR 5.5(a)(1)(ii)]. END OF GENERAL DECISION NUMBER C0030014. -5- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-06-05 GENERAL DECISION NUMBERS C0030014 ANT) Cn03001 S utruwnv rnNCTurTrTrnr r General Decision No. C0030015 applies to the following counties: Alamosa, Archuleta, Baca, Bent, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, Elbert, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Huerfano, Jackson, Kiowa, Kit Carson, La Plata, Lake, Las Animas, Lincoln, Logan, Mineral, Moffat, Montezuma, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pitkin, Prowers, Rio Blanco, Rio Grande, Routt, Saguache, San Juan, San Miguel, Sed wick, Summit, Teller, Washington, and Yuma counties. When work within a project is located in two or more counties, and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. C0030015 The wage and fringe beneflts listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod ELECTRICIANS: (Including traffic signal installation) Electrical work $150,000 or less (Alamosa, Archuleta, Baca, 3200 Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, 20.84 8.85 + 3% 11 Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Rio Grande, and Saguache counties) Electrical work over $150,000 (Alamosa, Archuleta, Baca, 3201 Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, 24.49 8.85 + 3% 11 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, 28.91 10.19 10 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 3206 Traffic Signal Installer (Zone 1) 22.91 1.75 + 13% 7 3207 Traffic Signal Installer (Zone 2) 25.91 1.75 + 13% 7 Traffic Installer Zone Definitions Zone 1 — Within a 35 mile radius measured from the addresses of the following cities: Colorado Springs - Nevada & Bijou Denver - Ellsworth Avenue & Broadway Ft. Collins - Prospect & College Grand Junction - 12th & North Avenue Pueblo - I-25 & Highway 50 Zone 2 - All work outside these areas. I"I U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLOR -ADO DATE 05-06-05 GENFRAL DECISION NUMBFRS C0030014 AND C0030015 TITGAWAY CONSTRT TCTION 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: 3300 Bituminous or Asphalt Spreader/Laydown Machine 20.47 7.22 11 3301 Bulldozer 20.47 7.22 11 Crane: 3302 50 tons and under 20.62 7.22 11 3303 51 to 90 tons 20.77 7.22 11 3304 91 to 140 tons 20.92 7.22 11 3305 141 tons and over 21.68 7.22 11 3306 Grade Checker 20.62 7.22 11 Loader: 7.22 11 3307 Barber Green, etc., 6 cubic yards and under 20.47 7.22 11 3308 Over 6 cubic yards 20.62 7.22 11 Roller: 3309 Self-propelled, rubber tires under 5 tons 20.12 7.22 11 3310 Self-propelled, all types over 5 tons 20.47 7.22 11 3311 Trackhoe 20.62 7.22 11 3312 Oiler 19.77 7.22 11 3313 Water Wagon 20.62 7.22 11 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 Groundman (Traffic signalization) 11.57 3.50 Ironworkers: 3900 Reinforcing 16.94 6.77 3901 Bridge Rail (Excluding guardrail) 16.76 6.01 -7- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-06-05 GENERAL DECISION NIIMRFRSC0030M4ATM rnnannir, MMIJUTAVCnrac�rDTUT~ 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 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 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 -8- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 05-06-05 GENERAL DECISION NTIMRFRSCnn';00IAATTr CCIOlnnlc UWZTJIIIAVOnTac'roTTn^TnXT General Decision No. CO030015 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod 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. IUnlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses [29 CFR 5.5(a)(1)(ii)]. END OF GENERAL DECISION NUMBER CO030015. -9- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES; COLORADO DATE 05-06-05 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. December 20, 2002 1 ON THE JOB TRAINING This training special provision supplements subparagraph 6 of paragraph B and supersedes subparagraph 7b of paragraph C of the Special Provision entitled "Affirmative Action Requirements, Equal Employment Opportunity" and is an implementation of 23 U.S.C. 140 (a). As part of the Contractor's Equal Employment Opportunity Affirmative Action Program, training shall be provided as follows: (a) General Requirements 1, The Contractor shall provide on the job training aimed at developing full journey workers in the type of trade or classification involved. 2. Training and upgrading of minorities and women toward journey worker status 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 Contractor's records shall document the findings in each case. 4. The minimum length and type of training for each classification shall be as established in the training program selected by the Contractor and approved by the Department and the Colorado Division of the Federal Highway Administration (FHWA), or the U. S Department of Labor, Bureau of Apprenticeship and Training (DOL). The Department and the FHWA will approve a program if it is reasonably calculated to meet the Equal Employment obligations of the Contractor and to qualify the average trainee for journey worker status in the classification concerned by the end of the training period. Apprenticeship and training programs will be accepted if registered with the U.S. Dept. of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau. To obtain FHWA approval, the Contractor's training program must be reviewed by the CDOT 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 offshe training. December 20, 2002 2 ON THE JOB TRAINING 7. 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: 1. 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. December 20, 2002 November xx, 2002 3 ON THE JOB TRAINING 3. At least ten working days prior to the first progress payment to be made after work has begun, the 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- 12million 1920 $2000 G >12- 16million 2240 $2,4000 H >16- 20million 2560 $2,600 1 For each increment of $5 million, over $20 million 1280 $1400 December 20, 2002 4 ON THE JOB TRAINING 9. 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. SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed July 21, 1999 RAILROAD INSURANCE The Contractor shall carry insurance of the following kinds and amounts: A. CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE The Contractor shall furnish evidence to the Department that with respect to the operations the Contractor performs, the Contractor carries Contractor's Public Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of one person and subject to that limit for each person, a total limit of Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries to or death of two or more persons in any one occurrence; and Contractor's Property Damage Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of injury to or destruction of property in any one occurrence and subject to that limit per occurrence, a total (or aggregate) limit of Two Million Dollars ($2,000,000.00) for all damages arising out of injury to or destruction of property during the policy period. If any part of the work affecting railroad property or facilities is sublet, similar insurance shall be provided by or in behalf of the subcontractor(s) involved. B. CONTRACTOR'S PROTECTIVE PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE. The Contractor shall furnish evidence to the Department that with respect to the operations performed for the Contractor by subcontractors, the Contractor carries in its own behalf Contractor's Protective Public Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of one person and subject to that limit for each person a total limit of Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries to or death of two or more persons in any one occurrence; and Contractor's Protective Property Damage Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of injury to or destruction of property in any one occurrence, and subject to that limit per occurrence, a total (or aggregate) limit of Two Million Dollars ($2,000,000.00) for all damages arising out of injury to or destruction of property during the policy period. C. RAILROAD'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE. In addition to the above, the Contractor shall furnish evidence to the Department that with respect to the operations the Contractor or any of its subcontractors perform, the Contractor has provided for and in behalf of the Railroad Company, and each Railroad Company when more than one is involved, Railroad Protective Public Liability and Property Damage Insurance providing for a combined single limit of Two Million Dollars ($2,000,000.00) per occurrence with an aggregate limit of six Million Dollars ($6,000,000.00) applying separately for each annual period for: 1. All damages arising out of bodily injuries to or death of one or more persons. 2. All damages arising out of injury to or destruction of property. D. GENERAL. Said policy or policies of insurance shall be deemed to comply with the requirements of this Special Provision if each of said policies contains a properly completed and executed "Railroad Protective Liability Form", reference copies of which are available from the Agreements Engineer of the Colorado Department of Transportation, 4201 East Arkansas Avenue, Denver, Colorado 80222. Certificates of insurance required under A. and B. above, and policy or policies of Insurance required under C. above shall be furnished to the Department's Agreements Engineer for transmittal to the Railroad Company's Insurance Department. The insurance hereinbefore specified shall be carried until all work required to be performed under the terms of the Contract is satisfactorily completed as evidenced by the formal acceptance of the Department. The Railroad Company shall be furnished with the original of each policy carried in its behalf. July 21, 1999 I REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts. July 21, 1999 RQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHWA-1273 Electronic version — March 10, 19W 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.........................................................I II. Nondiscrimination............................................I III. Nonsegrated Facilities......................................3 IV. Payment of Predetermined Minimum Wage .......... 3 V. Statements and Payrolls...................................6 VI. Record of Materials, Supplies, and Labor.............6 VII. GeneralSubletting or Assigning the Contract ......... 7 Vlll. 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) 1. 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 contractors immediate superin- tendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontrac- tor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. a. discriminate against labor from any other State, posses- sion, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et sea.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obliga- tions and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractors staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not July21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS less often than once every six months, at which time the contract- or's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employ- ees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contrac- tor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargain- ing agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contrac- tor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agree- ment providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such imple- mentation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimina- tion may affect persons other than the complainant, such correc- tive action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., appren- ticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for member- ship in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor 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, July21, 1999 4 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement provid- ing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by autho- rized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportuni- ties for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on -the - job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agree- ment or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). C. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)j the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all limes by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provi- sions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, July21, 1999 5 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorpo- rated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classifi- cation requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the addition- al classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Stan- dards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appro- priate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommenda- tion of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized represen- tative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropri- ate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secre- tary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman - level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any appren- tice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (ex- pressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the joumeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the July 21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an accept- able program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employ- ment and Training Administration. (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not regis- tered and participating in a training plan approved by the Employ- ment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classifica- tion of work actually performed. In addition, any trainee perform- ing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Adminis- tration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved defini- tion, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually per- formed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal - aid highway construction programs are not subject to the require- ments of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentic- es and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -sawn 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.) 1. Compliance with Copeland Regulations (29 CFR 3): July 21, 1999 7 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commit- ment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred In providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submis- sion of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcon- tractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the follow- ing: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equiva- lent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certifica- tion set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such repre- sentatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing July 21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the 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 In order to assure high quality and durable construction In conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepre- sentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false represen- tation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre- sentation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 21, 1916, (39 Stat. 355), as amended and supple- mented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et sue., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et sea., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. July 21, 1999 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such require- ments. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transac- tions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disquali- fy such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immedi- ate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary partici- pant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspend- ed," "ineligible," "lower tier covered transaction," "participant," "person" "primary covered transaction," "principal' "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. I. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certifi- cation Regarding Debarment, Suspension, Ineligibility and Volun- tary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which It determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocure- ment List) which is compiled by the General Services Administra- tion. I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a 3-year period preceding this applica- tion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant Is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. SECTION 00510 NOTICE OF AWARD Date: TO: PROJECT: 5931 Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid project has been considered. You are been awarded an Agreement for 5931 Bike/Pedestrian Trail. The Price of your Agreement is dated , 20 for the above the apparent successful Bidder and have Mason Street/Harmony Road/Fossil Creek 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 , 20 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER By: James B. O'Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management 9/12/01 Section 00510 Page 1 July 21,1999 10 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal Is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circum- stances. d. The terms "covered transaction," "debarred; "suspend- ed," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submit- ting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowl edge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospec- tive participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submit- ting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempt- ing to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. January 17, 2003 -1- SPECIAL NOTICE TO CONTRACTORS 1. SCOPE 1.1 It is the intent of this chapter to provide guidelines to the Contractor or Sub- 3.2 Contractor, so that they can properly present their materials for inclusion at the construction project. 1.2 The Contractor shall follow the procedures listed below to ensure the proper inspection, sampling, testing and certification of materials and products incorporated into all construction projects. 1.3 The words "Prequalification of Bidders" (102.01 Standard Specifications) has occasionally been confused with "Prequalification of Manufacturers / Supplier" or with `Pre -Approval of Products or Materials". These terms are not interchangeable. 1.4 Two information sources that can provide assistance and clarification are: Business Center - Project Bidding (http://www.dot.state.co.us/BusinessCenter/ Bidding/) and Design Support — Manuals (http:/Iwvvw.dot.state.co.us/DevelopProjects/ DesignSupport/). 2. PROVIDE NOTIFICATION OF MATERIALS SOURCES AND SUPPLIERS. 2.1 In accordance with subsection 106.01 of the Standard Specifications: The Contractor shall submit a list of material sources and suppliers to the Engineer. The list shall include company name and address, item to be supplied, and contact person where material can be inspected. 3. DESIGN/BUILD PROJECTS - MATERIALS DOCUMENTATION RECORD, CDOT FORM #250 3.1 Two weeks before construction of any element of work, the Contractor shall furnish the Engineer a schedule of items and approximate quantities to be incorporated into the project. This information is to include the item of work with location and dates. The Contractor shall immediately notify the Engineer, in writing, if the items of work or quantities are revised. At the completion of the project, the Contractor shall furnish the Engineer with a completed CDOT Form #250 - Materials Documentation Record listing items utilized to construct the project and the approximate quantity of each item. 4. BUY AMERICA REQUIREMENTS. 4.1 In accordance with Subsection 106.08 of the Standard Specifications and as referenced in 23 CFR 635.410: A. All manufacturing processes, including the application of a coating, for all steel products and all iron products permanently incorporated in the work shall have occurred in the United States of America. B. The Contractor shall provide a certification by each supplier, distributor, fabricator, and manufacturer that has handled the steel or iron product, including the application of coating. C. These certifications shall create a chain of custody, and the lack of these certifications will be justification for rejection of the steel or iron product. D. Upon completion of the project, the Contractor shall certify in writing their compliance with this requirement. (An example of what is required on a Certificate of Contractor's Compliance to Buy America is on page 9 of this chapter. An original signature is required on the Certificate for the Project Files. January 17, 2003 -2- SPECIAL NOTICE TO CONTRACTORS 5. DESIGNATED PRODUCTS AND ASSEMBLIES. 5.1 The majority of materials submitted for inclusion on CDOT projects will fall within one of four levels of product acceptance for the their sampling and testing. CDOT always retains the right through its Quality Assurance (QA) Program to obtain samples for additional testing and require supplemental documentation. 5.2 If the material or product is not referenced within the four levels of product acceptance then the materials or products must be fabricated or supplied in accordance with the requirements of the applicable Colorado Department of Transportation specifications, plans, and standards. Examples of materials and products not found in the following four levels are Aggregate Base Course, Hot Bituminous Pavement, and Concrete. A. PRE -INSPECTED: Pre -Inspection is when representatives from the Colorado Department of Transportation visit a manufacturer's facility to perform an initial review of the company's quality control plan and employee certifications, as well as subsequent inspection visitations during the manufacturing of the product. Inspection arrangements should be made by contacting the CDOT Staff Bridge Fabrication Inspectors at (303) 757-9192 a minimum of 10 days prior to the beginning of fabrication. Failure to give notification may result in delays to the project and/or rejection of materials or products. Note 1: Bearing Devices and Expansion Devices are inspected randomly at the discretion of the Bridge Design and Management Branch. Products needing Pre -Inspection: Bearing Devices (Type III) - Bridge" Expansion Device - Bridge" (0-6", through, 0-24") Prestressed Concrete Units - Bridge ° Structural Steel - Bridge B. CERTIFIED TEST REPORT (CTR): The Certified Test Report level of acceptance is when a manufacturer is required to submit actual test results performed on the material being provided. A CTR shall contain the actual results of tests for the chemical analysis, heat treatment, and/or mechanical properties of the drawing and/or specification. The contract will designate products and assemblies that can be incorporated in the work, if accompanied by Certified Test Reports. The word preceding the Test Report may vary between different industries, such as Certified, Mill, Metallurgical, Laboratory. In accordance with Subsection 106.10 of the Standard Specifications and the requirements of this document, the report shall include: 1) The Department's project number 2) Manufacturer's name 3) Address of manufacturing facility 4) Laboratory name & address 5) Name of product or assembly 6) Complete description of the material 7) Model, catalog, stock no. (if applicable) 8) Lot, heat, or batch number identifying the material delivered 9) Date(s) of the laboratory testing 10) All test results are required to verify that the material furnished conforms to all applicable Department specifications. Test results shall be from tests conducted on samples taken from the same lot, heat, or batch. The Certified Test Reports must be an original document, not a facsimile, with an original signature (including corporate title) by a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and tested, and the samples have passed all specified tests. One copy of the Certified Test Report shall be furnished to the Engineer at the time of material delivery. Failure to comply may result in delays to the project and/or rejection of the materials. Products or assemblies furnished on the basis of CTRs may be sampled and tested by the Department. If it is determined that the material does not meet the applicable specifications, the material may be January 17, 2003 -3- SPECIAL NOTICE TO CONTRACTORS rejected or may be accepted according to Subsection 105.03 of the Standard Specifications. (An example of what is required on a Certified Test Report is on page 10 of this chapter.) Below is a partial list of products or categories that require a Certified Test Report: Bearing Devices (Type III) - Bridge A Cribbing Mechanical Fasteners (Field)" 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),. 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.) The Certificate of Compliance level of acceptance is when a manufacturer is required Below is a partial list of products or categories to submit a document certifying that the material that require a Certificate of Compliance: being provided meets all required Department specifications. A COC shall contain a reference Note 2: If the Plans do not specifically reference to the actual tests for the chemical analysis, heat a Certified Test Report (Mill Test Report) and the treatment, and/or mechanical properties of the product category is not depicted on the Approved drawing and/or specification. The contract will Products List within the Pre -Approved level of designate products and assemblies that can be acceptance, then a COC will be required. incorporated in the work, if accompanied by Certificates of Compliance. Bearing Devices (Type I, II, IV and V A B) Bridge Deck Forms, Permanent Steel" In accordance with Subsection 106.09 of the Bridge Rail, Steel A Standard Specifications and the requirements of Concrete Box Culverts, Precast this document, the certificate shall include: Dampproofing, Asphalt Dust Palliative - Asphaltic - Magnesium 1) The Department's project number Chloride 2) Manufacturer's name Emulsified Asphalt for Tack Coat 3) Address of manufacturing facility Erosion Bales ° 4) Laboratory name & address Expansion Joint Material, Preformed 5) Name of product or assembly Filler 6) Complete description of the material Flumes (all types) 7) Model, catalog, stock no. (if applicable) Gabions and Slope Mattress 8) Lot, heat, or batch number identifying Gaskets the material delivered Guard Rail - End Anchors 9) Date(s) of the laboratory testing Guard Rail Metal A 10) Listing of all applicable specifications Guard Rail Posts - Metal " required by the Department for this Guard Rail - Precast particular product or assembly. Guard Rail Posts - Timber Blocks and Certificates shall reference the actual Posts A tests conducted on samples taken from Hay the same lot, heat, or batch. Headgates Inlets, Grates and Frames (Prefab) The Certificate of Compliance must be an Interior Insulation January 17, 2003 -4- SPECIAL NOTICE TO CONTRACTORS Lighting Light Standards, High Mast Light Standards, Metal Luminaires (Inclusive) Manholes, Rings and Covers (Prefab) MC-70 - Prime Coat (Lic6uid Asphalt) MSE Wall - Elements°" Pedestrian Bridge A Piling A Pipes - all material compositions 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 o 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. A Certified Test Report(s) on components must accompany the material or product. A Certified Test Report shall be included. The Contractor may obtain a current list of Weed Free Forage Crop Producers by contacting the Colorado Department of Agriculture at (303) 239-4149. DISCLAIMER: The Colorado Department of Transportation (CDOT) does not have the obligation to use any of the products listed in the Approved Products List (APL). The APL simply documents that the listed products have been tested, evaluated, and/or examined under CDOT standards, and were found to be acceptable to be used in CDOT projects. The product shall be removed from the APL if Product Performance comments indicate field performance that is unacceptable to CDOT quality standards or if the product varies from the data as originally submitted. Additional disclaimer information can be found within the APL web site. Kumar & Associates, Inc. Geolechnical and Materials Engineers and Environmental Scientists 1i 1 Prepared By: James R. P. Brady, P.E. 1 Project No. 02-3-140 1708 East Lincoln Avenue, #3 Fort Collins, CO 80524 phone: (970) 416-9045 fax: (970) 416-9040 e-mail: kafteollins@kumarusa.com www.kumarusa.com Office Locations: Denver, Colorado Springs, Fort Collins, Colorado Branch Office: Pueblo, Colorado GEOTECHNICAL ENGINEERING STUDY MASON TRAIL STRUCTURES SOUTH OF HARMONY ROAD FORT COLLINS, COLORADO Reviewed By: Ro r I! barker Prepared For: Felsburg, Holt & Ullevig Greenwood Corporate Plaza 7951 E. Maplewood Ave., Suite 200 Englewood, Colorado 80111 ATTENTION: Mr. Dean Bradley, P.E. September 11, 2003 TABLE OF CONTENTS ' SUMMARY............................................................................................................1 ' PURPOSE AND SCOPE OF WORK.............................................................................2 PROPOSED CONSTRUCTION................................................................................... 2 ' SITE CONDITIONS.................................................................................................3 SUBSURFACE CONDITIONS....................................................................................3 ' FOUNDATION RECOMMENDATIONS (NORTHERN STRUCTURE)... ... ........... ..... FOUNDATION RECOMMENDATIONS (SOUTHERN STRUCTURE)•.........•........................8 __.5 ' RETAINING WALL AND ABUTMENT WALLS..............................................................9 DESIGN AND CONSTRUCTION SUPPORT SERVICES ................................................. 12 LIMITATIONS...................................................................................................... 12 ' FIG. 1 — LOCATION OF EXPLORATORY BORINGS FIG. 2 — LOGS OF EXPLORATORY BORINGS ' FIGS. 3 AND 4 — RESULTS OF SWELL -CONSOLIDATION TEST RESULTS 11 1 F a Kumar 8 Associates, Inc. H SUMMARY ' 1. This report presents the results of a geotechnical engineering study for two structures and a retaining wall for the Mason Trail Project to be located along the ' east side of the Burlington -Northern Santa Fe Railroad and south of Harmony Road in Fort Collins, Colorado. 2. Subsurface conditions encountered in the exploratory borings for the northern structure consisted of lean clay with sand to sandy lean clay interlensed with clayey gravel to depths of 10 to 10% feet. In the northern boring, very hard sandstone bedrock was encountered at a depth of 10 %2 feet. In the southern boring, a layer of poorly graded gravel with sand was encountered from depths of 10 to 22 feet, where sandstone bedrock was encountered. Ground water was measured at depths ' of approximately 14'/2 to 17 feet when measured one day after drilling. 3. Subsurface conditions encountered in the exploratory borings drilled for the ' southern structure consisted of approximately 6 inches of topsoil over approximately 5 to 7 feet of sandy lean clay with gravel overlying sandstone bedrock which extended to depths of 20 feet. Ground water was measured at depths of approximately 3 to 4 'h feet in the borings when measured one day after drilling. 4. Based on the data obtained during the field and laboratory studies, we recommend the northern structure be founded on straight -shaft piers drilled into the bedrock. Piers should be designed for an allowable end bearing pressure of 45,000 psf and a skin friction of 4,500 psf for the portion of the pier in bedrock. An alternate foundation system of spread footings on undisturbed natural soil or structural fill is also provided. ' 5. Considering the subsurface conditions encountered in the exploratory borings and the nature of the proposed construction, we recommend the southern structure be founded on spread footings placed on bedrock. Footings placed entirely on the sandstone bedrock should be designed for an allowable bearing pressure of 5,000 psf. As an alternate, spread footings placed on up to 3 feet of structural fill or ' crushed rock may used with an allowable bearing pressure of 3,000 psf. 6. The retaining wall for the northern portion of the trail near Harmony Road should be I I founded on spread footings placed on undisturbed natural soils designed for an allowable soil bearing pressure of 2,500 psf. Kumar & Associates, Inc. D H PURPOSE AND SCOPE OF WORK -2- ' This report presents the results of a geotechnical engineering study for two structures of the Mason Trail Project to be located along the east side of the Burlington -Northern Santa ' Fe (BNSF) Railroad and south of Harmony Road in Fort Collins, Colorado. The subsurface study was conducted for the purpose of developing foundation recommendations for the proposed structures. The project site is shown on Fig 1. The study was conducted in accordance with the scope of work in our Proposal No. P3-03-139 dated May 6, 2003. A field exploration program consisting of exploratory borings was conducted to obtain ' information on subsurface conditions. Samples of the soils obtained during the field exploration were tested in the laboratory to determine their classification and engineering characteristics. The results of the field exploration and laboratory testing were analyzed to develop recommendations for foundation types, depths and allowable pressures for the ' proposed structures. The results of the field exploration and laboratory testing are presented herein. ' This report has been prepared to summarize the data obtained during this study and to ' present our conclusions and recommendations based on the proposed construction and the subsurface conditions encountered. Design parameters and a discussion of geotechnical engineering considerations related to construction of the proposed structures are included in the report. ' PROPOSED CONSTRUCTION We understand the proposed structures will be single -span, lightweight metal bridges supported on concrete abutments. Live loads are expected to be 18-20 kips for the abutments. We understand that construction near the northern structure will include a ' retaining wall, up to approximately 16 feet high, along the west side of the trail. ' If the proposed construction varies significantly from that described above or depicted in this report, we should be notified to reevaluate the recommendations provided in this ' report. Komar & Associates, Inc. -3— ' SITE CONDITIONS Northern Structure and Retaining Wall: The site at the northern bridge structure is vacant ' and over -grown with weeds and trees. It is bounded on the east side by a service road extending south from Harmony and accessing the rear portion of the commercial buildings to the east. A ditch with a concrete flume and diversion structure headworks approaches the proposed structure location from the northwest, parallels the service road to the south, ' then enters a concrete culvert under the service road just north of Boring 2. The ditch was flowing with water during the time of our field exploration. The topography is generall y y gently to moderately sloping down from west to east away from the railroad embankment and down from north to south with Boring 2 approximately 4 feet lower than Boring 1. The depth of the ditch varies from approximately 6 feet near Boring 1 to approximately 10 feet near Boring 2. ' Southern Structure: The site for the southern structure is vacant and covered with weeds and grasses. The site is gently to moderately sloping toward a pond, which the southern ' bridge structure will span. The water level in the pond is approximately 2 to 4 feet below the boring elevations. The site is bounded on the north by a gravel parking area and an ' auto repair business in a pre-engineered metal building. The BNSF Railroad embankment to the west is approximately 15 to 20 feet high relative to the borings. Boring 3, to the ' north, is approximately 2 feet lower in elevation than Boring 4. SUBSURFACE CONDITIONS The field exploration for the project was conducted on August 6" and 71", 2003. Four (4) ' exploratory borings were drilled at the locations shown on Fig. 1 to explore subsurface conditions. Approximate locations of the exploratory borings were determined by tape ' measurements from topographic features shown on the plan provided to us. The borings were advanced through the overburden soils and underlying bedrock with 4- inch diameter continuous flight augers. The borings were logged by a representative of Kumar & Associates, Inc. 0 Kumar & Associates, Inc. SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 20_ and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and (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 Bid 5931 Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail. The job limits for the project are from Harmony Road southward to the future Fossil Creek Trail connection. The improvements will include: installation of: 0.65 miles of 12' wide Portland concrete trail, two steel pedestrian bridges, a recycled asphalt parking area, curb and gutter, Portland concrete pavement, asphalt patching, grubbing, landscaping, and fence installation. This project is a Federal funded project and will need to meet Davis -Bacon wage requirements and UDBE goals of 11.50, as well as any other Federal requirements as stated in the Specifications Book. The project also occurs within the Burlington Northern -Santa Fe Railroad (BNSF) Right of Way and will require specific BNSF safety and security training for all primary contractor and sub -contractor employees working within the BNSF Right of Way. The City will provide surveying. The Contractor will provide traffic control. The Contractor will be required to work with our traffic control supervisor. Material Testing will be provided by the City and performed by CTL Thompson, Inc.as the construction of the Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail. ARTICLE 2. ENGINEER The Project has been designed by Felsburg, Holt and Ullevig (FHU), 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. 9/12/01 Section 00520 Page 1 d n I_ n -4— Samples of the soils and bedrock materials were taken with a 2-inch I.D. spoon sampler. The sampler was driven into the various strata with blows from a 140-pound hammer falling 30 inches. This test is similar to the standard penetration test described by ASTM Method D 1586. Penetration resistance values, when properly evaluated, indicate the relative density or consistency of the soils. Depths at which the samples were taken and the penetration resistance values are shown on the Logs of Exploratory Borings, Fig. 2. Measurements of the water level were made in the borings by lowering a weighted tape measure into the open hole shortly after completion of drilling and within a few days subsequent to drilling. The depths of the water levels measured and the number of days subsequent to drilling are shown on the Logs of Exploratory Borings. ' Subsurface conditions encountered in the exploratory borings are summarized as follows: I 1 1 Boring 1, North End of Northern Structure: Sandy lean clay was encountered to a depth of 10'/2 feet, overlying weakly to well -cemented sandstone bedrock to 20 feet. Blow counts in the clay indicate it is stiff to hard, and blow counts in the sandstone bedrock indicate it is very hard. Ground water was measured at a depth of approximately 17 feet when measured one day after drilling. Boring 2, South End of Northern Structure: Clayey sand interlensed with clayey gravel was encountered to a depth of 10 feet, overlying poorly graded gravel with sand to clayey gravel from 10 to 22 feet. Sandstone bedrock was encountered at a depth of 22 feet and extended to 25 feet. Blow counts in the clayey sand indicate it is medium dense, blow counts in the gravel indicate it is medium dense, and blow counts in the sandstone bedrock indicate it is very hard. Ground water was measured at a depth of approximately 14 feet when measured one day after drilling. ' Borings 3 and 4, Southern Structure: Subsurface conditions encountered in the borings for ' the southern structure generally consist of approximately 6 inches of topsoil over Kumar & Associates, Inc. -5— approximately 5 to 7 feet of lean clay with sand to sandy lean clay with gravel overlying sandstone bedrock which extended to depths of 20 feet. Blow counts in the clay indicate ' it is medium to stiff, and blow counts in the sandstone bedrock indicate it is very hard. Ground water was measured at depths of approximately 3 to 4 Yz feet in the borings when measured one day after drilling. Results of swell -consolidation tests, presented on Figs. 3 and 4, indicate that selected samples of lean clay showed a low swell potential when wetted under a constant load of ' 1,000 psi. Samples of the lean clay from the southern site showed moderate consolidation potential. ' FOUNDATION RECOMMENDATIONS (NORTHERN STRUCTURE) 11 d Based on the data obtained during the field and laboratory studies, we recommend straight -shaft piers drilled into the bedrock be used to support the proposed northern bridge structure. As an alternative, the proposed structure may be founded on spread footings, placed on undisturbed natural soil or properly compacted structural fill in accordance with the recommendations contained in the "Foundation Recommendations (Southern Structure)" section below. Footings placed on undisturbed natural soil should be designed for an allowable bearing pressure of 2,500 psf. The design and construction criteria presented below should be observed for a straight - shaft pier foundation system. The construction details should be considered when preparing project documents. 1. Piers should be designed for an allowable end bearing pressure of 45,000 psi and a skin friction of 4,500 psi for the portion of the pier in bedrock. Uplift due to structural loadings on the piers can be resisted by using 100% of the allowable skin friction value plus an allowance for pier weight. Kumar & Associates, Inc. ' 6— ' 2. Piers should also be designed for a minimum dead load pressure of 10,000 psf based on pier end area only. Application of dead load pressure is the most effective ' way to resist foundation movement due to swelling soils. However, if the minimum dead load requirement cannot be achieved and the piers are spaced as far apart as practical, the pier length should be extended beyond the minimum bedrock penetration and minimum length to mitigate the dead load deficit. This can be taccomplished by assuming one-half of the skin friction given above acts in the direction to resist uplift caused by swelling soil near the top of the pier. The owner ' should be aware of an increased potential for foundation movement if the recommended minimum dead load pressure is not met 3. Piers should penetrate at least three p pier diameters into the bedrock. A minimum ' penetration of 4 feet into the bedrock is recommended. ' 4. Piers should be designed to resist lateral loads using a constant of horizontal subgrade reaction in the soils of 35 tcf per foot depth and a modulus of horizontal subgrade reaction of 250 tcf in the bedrock. The modulus value given is for a long one -foot wide pier and must be corrected for pier size. 5. Piers should be reinforced their full length with at least one No. 5 reinforcing for ' each 18 inches of pier perimeter to resist tension created by the swelling materials. ' 6. The minimum spacing requirements between piers should be three diameters from center to center. At this spacing, no reduction in axial or horizontal soil modulus ' values is required. Piers grouped less than three diameters from center to center should be studied on an individual basis to determine the appropriate reductions in ' both lateral and axial capacity. ' 7. Concrete used in the piers should be a fluid mix with sufficient slump so it will fill the void between reinforcing steel and the pier hole. We recommend a slump of at ' least 5 inches. r Kumar & Associates, Inc. MAE ' 8. Pier holes should be properly cleaned prior to the placement of concrete. ' 9. The presence of water and granular soils in the exploratory borings indicates temporary casing and/or dewatering equipment will be required. In no case should concrete be placed in more than 3 inches of water unless the tremie method is used. If water cannot be removed or prevented with the use of temporary casing and/or dewatering equipment prior to placement of concrete, the tremie method ' should be used after the hole has been cleaned. 10. Casing procedures should be evaluated by the geotechnical engineer. Oversizing the portion of the hole in the overburden to allow casing insertion can reduce the ' lateral pier capacity, particularly if the hole is processed with a dense, viscous mixture of water and soil. Depending on loading conditions and construction practices, densification of the materials around the pier top is sometimes required after construction. 11. When water and/or a drilling slurry is present outside the casing, care should be taken that concrete of sufficiently high slump is placed to a sufficiently high elevation inside the casing to prevent intrusion of the water and/or slurry into the ' concrete when the casing is withdrawn. ' 12. The drilled shaft contractor should mobilize equipment of sufficient size and operating condition to achieve the required bedrock penetration. ' 13. Concrete should be placed in piers the same day they are drilled. The presence of ' water or caving soils may require that concrete be placed immediately after the pier hole is completed. Failure to place concrete the day of drilling will normally result in a requirement for additional bedrock penetration. ' Kumar & Associates, Inc. g_ ' 14. Difficulty may be encountered in establishing a casing seat in the sandstone to achieve a positive cutoff of ground -water seepage into the hole. Additional bedrock ' penetration may be required to compensate for the skin friction lost due to disturbance caused by installation of the casing. Skin friction should be neglected ' in the cased portion of the hole. The amount of additional penetration should be determined in the field at the time of construction. The contract documents should ' advise potential drilled shaft contractors of these subsurface conditions. In addition, careful consideration should be given to preparing bid items to avoid high ' costs for potential overruns. 15. A representative of the geotechnical engineer should observe pier drilling operations on a full-time basis to assist in identification of adequate bedrock strata and monitor ' pier construction procedures. ' FOUNDATION RECOMMENDATIONS (SOUTHERN STRUCTURE) Considering the subsurface conditions encountered in the exploratory borings and the nature of the proposed construction, we recommend the southern structure be founded on spread footings placed on bedrock. As an alternative, the on site soils may be excavated to bedrock or three feet, whichever is less, and the spread footings placed on properly compacted structural fill or crushed rock. r I C The design and construction criteria presented below should be observed for a spread footing foundation system. The construction details should be considered when preparing project documents. 1. Footings placed entirely on the sandstone bedrock should be designed for an allowable bearing pressure of 5,000 psf. Footings placed on properly compacted structural fill or crushed rock should be designed for an allowable bearing pressure of 3,000 psf. Komar & Associates, Inc. ' 2. The on -site soils are suitable for use as compacted structural fill for the footings. Fill material should be moisture conditioned to within 2% of the optimum moisture ' content and compacted to 100% of the maximum standard Proctor density. Structural fill should extend down from the edges of the footings at a 1 horizontal ' to 1 vertical projection ' 3. The footings should be provided with adequate soil cover above their bearing elevation for frost protection. Placement of foundations at least 30 inches below tthe exterior grade is typically used in this area. ' 4. The lateral resistance of a spread footing placed on bedrock or structural fill will be a combination of the sliding resistance of the footing on the foundation materials ' and passive earth pressure against the side of the footirig. Resistance to sliding at the bottoms of the footings can be calculated based on a coefficient of friction of 0.35. Passive pressure against the sides of the footings can be calculated an equivalent fluid unit weight of 60 pcf below the ground water level and 120 pcf for ' soils above the ground water level. The above values are working values. ' 5. The proposed foundation elevations appear to be near or slightly above the water level. Therefore, it may be necessary to dewater the footing excavations during ' construction. Dewatering should be conducted by using sumps or drains well below footing elevations to avoid loss of supporting capacity of the soils. ' RETAINING WALL AND ABUTMENT WALLS t Abutment walls and retaining structures which are laterally supported and can be expected to undergo only a moderate amount of deflection should be designed for a lateral earth ' pressure computed on the basis of an equivalent fluid unit weight of 60 pcf for backfill consisting of the on -site soils and 50 pcf for backfill consisting of imported granular ' materials. Cantilevered retaining structures which can be expected to deflect sufficiently to mobilize the full active earth pressure condition should be designed for a lateral earth ' pressure computed on the basis of an equivalent fluid unit weight of 50 pcf for backfill ' Kumar & Associates, Inc. t - 10— consisting of the on -site soils and 40 pcf for backfill consisting of imported granular materials. While access to the location of the proposed retaining wall was restricted, based on the subsurface conditions encountered in the borings for the northern structure, we recommend the retaining wall for the northern portion of the trail near Harmony Road be founded on spread footings placed on undisturbed natural soils. The design and construction criteria presented below should be observed for the retaining wall. The construction details should be considered when preparing project documents. Footings placed on the undisturbed natural soils should be designed for an allowable soil bearing pressure of 2,500 psf. ' 2. The lateral resistance of a spread footing placed on undisturbed natural soils will be a combination of the sliding resistance of the footing on the foundation materials ' and passive earth pressure against the side of the footing. Resistance to sliding at the bottoms of the footings can be calculated based on a coefficient of friction of ' 0.25, Passive pressure against the sides of the footings can be calculated using an equivalent fluid unit weight of 150 pcf. The above values are working values. Compacted fill placed against the sides of the footings to resist lateral loads should ' be a nonexpansive material. Fill should be placed and compacted to at least 95% of the maximum standard Proctor density at a moisture content near optimum. ' 3. Retaining walls should be reinforced top and bottom to span an unsupported length of at least 10 feet. 4. Areas of loose or soft material encountered within the foundation excavation should be removed and the footings extended to adequate natural bearing material. As an ' alternate, the loose or soft material may be removed and replaced compacted to Kumar & Associates, Inc. 11 L -11- 98% of the maximum standard Proctor density near the optimum moisture content. New fill should extend down from the edges of the footings at a 1 horizontal to 1 vertical projection. 5. If bedrock is encountered within the footing excavation for the retaining wall, the bedrock should be over -excavated 2 feet and the material replaced with properly compacted structural fill to reduce the potential for differential settlement caused by differing bearing strata. ' 6. Granular foundation soils should be densified with a smooth vibratory compactor ' prior to placement of concrete. ' 7. Care should be taken when excavating the foundations to avoid disturbing the supporting materials. 8. Depending on final design and seasonal fluctuations in ground water levels, it may be necessary to dewater some footing excavations during construction. Dewatering should be conducted by using sumps or drains well below footing elevations to avoid loss of supporting capacity of the soils. ' 9. Cantilevered retaining structures which can be expected to deflect sufficiently to mobilize the full active earth pressure condition should be designed for a lateral ' earth pressure computed on the basis of an equivalent fluid unit weight of 50 pcf for backfill consisting of the on -site soils. ' 10. All retaining structures should be designed for appropriate hydrostatic and surcharge pressures such as construction materials and equipment. The pressures recommended above assume drained conditions behind the walls and a horizontal ' backfill surface. The buildup of water behind a wall or an upward sloping backfill surface will increase the lateral pressure imposed on a foundation wall or retaining ' structure. Kumar & Associates, Inc. I -12- 11. A representative of the geotechnical engineer should observe footing excavations for the retaining wall prior to concrete placement to verify the conditions and recommendations contained in this section. DESIGN AND CONSTRUCTION SUPPORT SERVICES Kumar & Associates, Inc. should be retained to review the project plans and specifications for conformance with the recommendations provided in our report. We are also available to assist the design team in preparing specifications for geotechnical aspects of the project, and performing additional studies if necessary to accommodate possible changes ' in the proposed construction. ' We recommend that Kumar & Associates, Inc. be retained to provide observation and testing services to document that the intent of this report and the requirements of the ' plans and specifications are being followed during construction, and to identify possible variations in subsurface conditions from those encountered in this study so that we can re- evaluate our recommendations, if needed. LIMITATIONS This study has been conducted in accordance with generally accepted geotechnical engineering practices in this area for exclusive use by the client for design purposes. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings at the locations indicated on Fig. 1, and the ' proposed type of construction. This report may not reflect subsurface variations that occur between the exploratory borings, and the nature and extent of variations across the site may not become evident until site grading and excavations are performed. If during construction, fill, soil, rock or water conditions appear to be different from those described ' herein, Kumar & Associates, Inc. should be advised at once so that a re-evaluation of the recommendations presented in this report can be made. Kumar & Associates, Inc. is not ' responsible for liability associated with interpretation of subsurface data by others. Kumar & Associates, Inc. H -13— ' The scope of services for this project does not include any environmental assessment of the sites or identification of contaminated or hazardous materials or conditions. If the ' owner is concerned about the potential for such contamination, other studies should be undertaken. 1 1 d 1 J 1 I I ' Komar & Associates, Inc. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within 180 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 194 calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Eight Hundred Dollars ($800) for each calendar day or fraction thereof that expires after the One Hundred Eighty (180) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Two Hundred Fifty Dollars ($250) for each calendar day or fraction thereof that expires after the Fourteen(14) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($ ), $ Dollars, 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 9/12/01 Section 00520 Page 2 150 0 150 S00 SCALE -FEET a O ox S. MASON ST. POND a x Y — o 0BOItlNC 4 _moo RING ] 00 -I O, ,a • o NORTH STRUCTURE BNSF RAILROAD SOUTH STRUCTURE 02-3-140 Kumar &Associates MASON TRAIL, SOUTH OF HARMONY ROAD; FORT COLLINS, CO LOCATION OF EXPLORATORY BORINGS Fig. 1 NORTH STRUCTURE SOUTH STRUCTURE BORING I BORING 2 RING 3 BORING 4 LEGEND EL=5038' EL=5034' EL.=4988' EL.=4990' ® TOPSOIL ' SO40 5040 4990 14/12 4990 WC=18.8 CLAY (CL), LEAN, SANDY, STIFF TO HARD, DRY TO MOIST, BROWN. DD=99.3 ' 12/12 WC=21.3 -200=60 LL=37 DD=97.7 PI=18 CLAYEY SAND (SC). INTERENSED WITH CLAYEY GRAVEL MEDIUM DENSE, DRY TO MOIST. 44/12 -200=69 5035 5035 4985 — - LL=39 = PI=22 50/4 = 4985 ' -_ GRAVEL fCP), POORLY GRADED, INlERLENSED WITH CLAYEY SAND AND GRAVEL 7/12 MEDIUM o SE, MOIST TO WET. 9/12 —_ ' WC=12.5 00=105.4 ilz " 24/t2 SANDSTONE BEDOCX, WEAKLY TO WELL CEMENTED, INTERLENSED WITH CLAYEY SANDSTONE, -200=61 _ 49/0 HARD TO VERY NMO. MOIST, GRAY -RUST MOTTLED. 5030 LL=30 1B 12 / 5030 4980 - -- 4980 ' PI=16 WC= =_- 50/4 50/3 DD=I 11.5 8 DRIVE SAMPLE, 2-INCH I.D. CALIFORNIA UNER SAMPLE . LL z29 w _ PI=1414 - 50/3 44/ 12 DRIVE SAMPLE BLOW COUNT. INDICATES THAT 44 BLOWS OF A 140-PDUND HAMMER FALUNG 30 INCHES WERE REQUIRED TO DRIVE THE SAMPLER 12 INCHES. 5025 5025 i 0 4975 " 4975 w 25/12 - 0 z WC=7.8 m i i DEPTH TO WATER LEVEL AND NUMBER OF DAYS AFTER DRILLING MEASUREMENT WAS MADE. I DD=116.0 s w ' p F- 50/< o Z W m y w DEPTH AT WHICH BORING CAVED. j J I n n 5020 -'4, 24/12 5020 4970 4970 NOTES 50/2 -i - - 25/0 1. THE EXPLORATORY BORINGS WERE DRILLED ON AUGUST 5 AND 7, 2003 WITH A 4-INCH ' - e DIAMETER CONTINUOUS FLIGHT POWER AUGER. 2. THE LOCATIONS OF THE EXPLORATORY BORINGS WERE MEASURED APPROXIMATELY BY TAPING FROM FEATURES SHOWN ON THE SITE PLAN PROVIDED. 5015 15/12 5015 4965 4965 3. THE ELEVATIONS Of THE EXPLORATORY BORINGS WERE OBTAINED BY INTERPOLATION BETWEEN CONTOURS ON THE PUN PROVIDED. 4. THE EXPLORATORY BORING LOCATIONS AND ELEVATIONS SHOULD BE CONSIDERED ACCURATE ONLY TO THE DEGREE IMPUED BY THE METHOD USED. 5. THE LINES BETWEEN MATERIALS SHOWN ON THE EXPLORATORY BORING LOGS REPRESENT 50f0 5010 4960 4960 THE APPROXIMATE BOUNDARIES BETWEEN MATERIAL TYPES AND THE TRANSITIONS MAY BE -.: 50/4 GRADUAL ' B. GROUND -WATER LEVELS SHOWN ON THE LOGS WERE MEASURED AT THE TIME AND UNDER 15005 CONDITIONS INDICATED. FLUCTUATIONS IN THE WATER LEVEL MAY OCCUR WITH TIME. 7. LABORATORY TEST RESULTS: ' WC = WATER CONTENT (% (ASTM D 2216); 5005 00 = DRY BENSIIY (pcI AM D 2216} -200 = PERCENTAGE PASSING NO. 200 &EYE (ASTM D 1140); U. = UOUID UMIT (% ASTM D 4318); ' PI = PLASTICITY INDE X) (ASTM 0 4318). ' 02-3-140 Kumar&Associates MASON TRAIL; FORT COLLINS, COLORADO LOGS OF EXPLORATORY BORINGS Fig. 2 ' 4 ' � 3 x .r ' J 2 W I 1 z 0 a 0 ' 0 J T__2 z 0 t, —1 I —2 1 0.1 to APPLIED PRESSURE KSF 10 100 1 X 0Jim j 3 ' z O TIT ' a e —2 J O Z O 0 —3 ' —4 6 a �s S R — 0..1 to APPLIED PRESSURE KSF ID 100 ' 02-3-140 Kumar & Associates SWELL -CONSOLIDATION TEST RESULTS Fig. 3 SAMPLE OF: LEAN CLAY (CL) FROM: Boring 1 ®5 ' WC = 12.5%, DO = 105.4 pcf —200 = 61X, LL = 30X, PI = 15X EXPANSION UNDER CONSTANT PRESSURE UPON WETTING SAMPLE OF: LEAN CLAY (CL) FROM: Boring 3 O 2 ' WC = 21.3X, DO = 97.7 pcf —200 = 69X, LL = 39%, PI = Z2X EXPANSION UNDER CONSTANT PRESSURE UPON WETTING - — matle�le �MM /SfY D-1611 b 4 ' 3 ' 2 X 1 J J 0 3 in t o —1 H ' J to —2 Z O U —4 g t to APPLIED PRESSURE — KSF to 1DO A 8 s 8 y E 02-3-140T Kumar & Associates SWELL —CONSOLIDATION TEST RESULTS Fig. 4 V SAMPLE OF: LEAN CLAY (CL) FROM: Boring 4 ®2 ' WC = 18.8%, DO = t39.3 pcf —2D0 = 60X, LL = 37X, PI = 18% EXPANSION UNDER CONSTANT PRESSURE UPON WETTING p� bw in.'f.u9'ry� ■uis s.e �a.c k s,n awrer. �, PROJECT NO.: PROJECT NAME: DATE SAMPLED: DATE RECEIVED: TABLE I SUMMARY OF LABORATORY TEST RESULTS 02-3-140 Mason Trail 8/6/03-8/7/03 8/7/03 '. SAMPLE LOCATION DATE TESTED NATURAL I`%OISTURE CONTENT I%I NATURAL DRY DENSITY (pcfl PERCENT PASSING N0. 200 SIEVE ATTERBERG LIMITS SOIL OR BEDROCK TYPE BORING DEPTH LIQUID LIMIT I%1 PLASTICITY INDEX lob) 1 5 8!8/03 12.5 105.4 61 30 16 Sand Lean Clay 2 4 8/8l03 8.2 111.5 38 29 14 Clayey Sand 2 9 8/8/03 7.8 116.0 Clayey Sand 3 2 818103 21.3 97.7 69 39 22 Sandy Lean Clay 4 2 818/03 18.8 99.3 60 37 18 Sandy Lean Clay 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 50 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 1000 of the Work completed. 900 of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 950 of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes 9/12/01 Section 00520 Page 3 responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 9/12/01 Section 00520 Page 4 7.2.5 Application for Exemption Certificate 7.2. 6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: AQC M455-056 Mason Street / Harmony Road / Fossil Creek Bike / Pedestrian Project Sheet 1 Cover Sheet Sheet 2 Standard Plans List Sheet 3-5 Summary of Approximate Quantities Sheet 6 General Notes Sheet 7 Trail Typical Section Sheet 8 Summary of Trail Earthwork Sheet 9-13 Pedestrian Bridge 1 Details Sheet 14-22 Pedestrian Bridge 2 Details Sheet 23 Tabulation of Removals and Resets Sheet 24 Tabulation of Surfacing Quantities Sheet 25 Tabulation of Curb and Gutter Sheet 26 Tabulation of Fencing Sheet 27-33 Trail Plan Sheet 34-40 Trail Profile Sheet 41-48 Cross Sections Sheet 49 Trail Signing and Striping Tabulations Sheet 50-54 Trail Signing and Stripping Sheet 55 Tabulation of Roadway Signing and Striping Sheet 56-59 Trail Parking Plans Sheet 60 Fence Details Sheet 61 Trail Parking Site Furnishings Tabulation Sheet 62-64 Trail Parking Site Furnishings Plans Sheet 65-68 Harmony Road Crossing Plans Sheet 69 Harmony Road Traffic Signal Tabulations Sheet 70-71 Harmony Road Traffic Signal Plans Sheet 72 Harmony Road Construction Traffic Control Tabulation Sheet 73-74 Harmony Road Construction Traffic Control Plans Sheet 75 Storm Drainage and Erosion Control Tabulation Sheet 76 Storm Water Management Plan Sheet 77-84 Storm Drainage Plans Sheet 85-86 Storm Sewer Pipe Profiles Sheet 87-88 Storm Drainage Details Sheet 89 Landscape Tabulation Sheet 90-98 Landscape Plans Sheet 99-100 Wetland Mitigation Plan Sheet 101-134 CDOT M-Code Standards Sheet 135-153 Right of Way Plans The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 9/12/01 Section 00520 Page 5 SECTION 00020 INVITATION TO BID Date: July 29, 2005 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 August 30, 2005, for the Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail; BID NO. 5931. 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. 0. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. This project is a Federal funded project and will need to meet Davis -Bacon wage requirements and UDBE goals of 11.5%, as well as any other Federal requirements as stated in the Specifications Book. The Contract Documents provide for the construction of: 0.65 miles of 12' wide Portland concrete trail, two steel pedestrian bridges, a recycled asphalt parking area, curb and gutter, Portland concrete pavement, asphalt patching, grubbing, landscaping, and fence installation. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Contract Documents will be available August 1, 2005. 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, 80524 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. Dodge Plan Room, 1114 W. 7 t h Ave., Suite 100, Denver, Colorado. 3. Reed Construction Data, 11397 W. Radcliffe Dr. Littleton Colorado, 4. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. 5. Construction News Service, 4775 Centennial Blvd Ste 150, Colorado Springs, Colorado. A prebid conference and job walk with representatives of prospective Bidders will be held at, on August 11, 2005, at 1:00 P.M., in the Community Room at 215 N Mason, Fort Collins CO. 07/2001 Section 00020 Page 1 7.4. Addenda Numbers to , inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be 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 6 OWNER: CITY OF FORT COLLINS CONTRACTOR: By: By: JAMES B. O'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT Title: Date: Date: (CORPORATE SEAL) Attest: _ Attest: City Clerk Address for giving notices: Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 LICENSE NO.: Approved as to Form Assistant City Attorney 9/12/01 Section 00520 Page 7 SECTION 00530 NOTICE TO PROCEED Description of Work: 5931 Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail 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 00613 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 SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) 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 in lawful money of the United States, truly to be made, we bind ourselves, severally, firmly by these presents. for the payment of which sum well and successors and assigns, jointly and THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of 20_, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 5931 Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of , 20 IN PRESENCE OF: Principal (Title) (Address) (Corporate Seal) IN PRESENCE OF: Other Partners By: IN PRESENCE OF: (Surety Seal) By: Surety By: By: (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 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) 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 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 day of , 20_, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 5931 Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 7/96 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of 20 IN PRESENCE OF: Principal (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) By: (Title) (Address) Other Partners Surety By: By: _ (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 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 5931 Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail 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 substantially complete and will assume full possession of th specified area of the project at 12:01 a.m., on responsibility for heat, utilities, security, and insurance under Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: project as project or The the Contract AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 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 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 50 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 Jame B. O'Neill, II, CPPO, FNIGP purchasing/Risk Management Director 07/2001 Section 00020 Page 2 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, 5931 Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: CitV of Fort Collins By: Title: ATTEST: Title: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: 5931 Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail 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 7/96 Section 00650 Page 1 project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of CONTRACTOR By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 , by Witness my hand and official seal. My Commission Expires: Notary Public day of 20 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: 5931 Mason Street/Harmony Road/Fossil Creek Bike/Pedestrian Trail 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) 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 DR Oh 72 (121981 COLORADO DEPARTMENT OF REVENUE DENVER CO 80291 (303) 232-241e CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuantto Statute Section 39-26.114(1xa)(XIX) DO NOT WRITE IN THIS SPACE The exemption certificate for Which you are applying must be used only for Ihe purpose of purchasing construction and building materials for the exempt project described below. This exemption dogs not include or apply to the purchase or rental of equlpment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works awned and used by the exempt organization. Any unauthorized use of the exemption certificate will result In revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Suli actors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issuecertlflcatestoeach ofthe -subcontractors . (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. eg4rraUON0.ccoura No. 0 be assgned by DUR Perdd 0170-750 (999) $0.00 99 - CONTRACTOR INFORMATION Trade namerCeA ner, wry>�«vnmta game Mailing address lCity, Stale, ipl: Contact Person -Mail address ederal Employer's entificahon Nurnber. d amount foryour contract (ax um en Business telephone rum la,C oore ornt w mg tax aaounl num ar. EXEMPTION INFOi MATfE3N Conies of contract dr agreement pages (t) Identifying the eonmillng parties arrd '(2) remaining signatures otconttacting parties mustbe attached. Name of oAenhpl erdanrzation (as 7- rown on contract xemptonpaniae on's number 98 - Addressofexemptorganization(City, Stale,Zip). nncipal contact at exam pt organizations rincipal contacts telephone numher. Ph ,.-x.al localion of l r ject site (give actual address when apple: able and dries ondNr Count✓ (has) where pr i ._lie located) Sch=_dufad onth ay ear Estrcnatxtl oath Day .or cnsrni tlion start dais mple�lcn tlata I detJare under penafty of perjury in the second degree Mal the sfafemenfs made in this application are b Lie and compfete to the best of my knowledge. HigneWra of owner, partner or corporate officer Tit, of corporate oltcen cate. DO NOT WRITE BELOW THIS LINE Section 00670 Page 1 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 exem ption 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 00670 Page 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS CONSTRUCTION CONTRACT 7'hese (1FNf-, A1. t'O DITION'> have been devefolvd by using the S1AM) \RIl i;1, tR;ai. C tM9S1ION'i OF 1`1I1'. c'r't ,yt'C2[`C'°TTCi\ C`,)NTRlCT prepared be the Eng€neere Joint Ctmtrw Doeutimlits c ommatx i CC3x' No 191tt-8 (1990 [Anon) a ktse Uhan�,cs to that d.xwnent are shown by widerlining taxt that hu Iven added and striking throwh test that has been deleted.. F.1CDC CIFNFRAL CONDITIONS 1910-S ( 1990 I>DYFION1 WI I'll CI`t'Y OF VC>M C011INS MC>1)11 ICA't IONS tRI:V 9/99) Article or Paragraph tiumlxr ti'1`11k, TARLE OF CONT,E FS OF G1W, ,.RAT, c ONDTII(—) s Pa«e lrtiele or fNragrnhh umlxr 'tiuniknr 'fide Ll Addenda 1.2 AgrecYncnt . 1 13 AnitiWtion for Payment 1 4 Ashestos, l L5 Bid I o Bidding Documents_. 1 7 Ndding Requirements I S ,....1 Bonds. , I I i0 r'hange Order I.If) ContractDmllment,. i 1 I Contrtict Price l l_ Cont Tall ep �. £ 0AlRAC OR,.__, I.1J t7u.!2a't9 S'�, I.IS Drilwings 1 t. tfi isffectice Oate of the Agreement., l 1 17 L-;V(;T? EER I Is I ,aIANTS.RsConsultant I lPt I'IcldthdeC l_'0 6crleratRequireriwnia, _....... ...... I larardous Waste ? 7 'Za I :ms and Kw1ulations Las%s or Itcgulaflons .._..... c ._._. I.eual Ilokklntw I.rcn; , I _4 Vilestone 1._'3 tioticcof Award NoUce to 1,27 I Partial I3filrrauen.- L t+ Yt"Rs 1 2U 1'etroleiam � �� 1.31 Project _ hadwactwv Material �._ i : 1 .. . Krguklr working hours 1 33 Resident Pr.5leet Representative__ ,_? samples I t,CJ pt�t,l t'.4att(�n1 1_17 _ Snharnitravtoi ....... .. 13`w _.�_ `ut"lailtlnl i Jmpletl011 }. i{1 'inpplcnicntar9 Condltwn4___, 1.40 !)upptier.. i 41 1 Inlet"round l',luditle,� --.. ?.42 1'anPrice i\ork ,...�.3 1 44 I,ork Cjlh,lnac Dlrec€ivc 2 1 45 1(1'iudn \11101+ament 3 Page NunNu 2. PRELIM12NARY MATTERS 1 Delivery ofIionds.. _. 3 2< C7opiesofDocurients... .,...... C om mencement of C'rmtract Times; Notice to Proceed 3 14 starting the Work 15-2.7 before StartlnE (.'i?t7St rilCtiOn: C ONTRAC P )R's Responsibihly to RCpcAt; Prelimirlaty SehovCN, Dcbvery of (7ettlfleateti of insurance 3-4 =.l Preconstruclio.n Conference 4 -.9 Inifially Acceptable Schedules ...4 i CONTRACT RACT DC C MJf ,v'is f!"t EN I, -A'U'CENDINEi, Rift Ski__ ... ,..... 4 3.1-3.2 Intent 4 33 Refei ence to Standards and apeci- ric"M m of`fectulicat Societies. Retorting and Rew1ving Di.6- cropancies 3.4 Intent of Certain I crms or .Adj ccta vu$.......... Alllendillu Conriaet l3ocullents__ $ #.t? Supplemenitng, ('ontract I )mum enfs .. 5 3.7 IteUse orIWullelms -. a. AVAIIABIL£TF01'IA`vl7.S, Sl BSt R! 1C2E .CtLll' I MC AL t't,?NOaI l R7M:3. RM-REM *I POEM I'S 4.1 Atallahlhty of Land; 4,2 Subsurraoc and Phvsical t'ondmons ry 411 Rena is and Drativing,.... ... n 4 2.2 Lim ted Relimnee he r'f V !'R,S('" R )R Authotized_ `fechnical Data 4.23 of Diflting Suk*,uffcloe .. or Ph}SiC81 l;ondlhom 424 4 2 s Poss Ne Contrul I kvtlmenv; Chatwe 5 -_.. 4._.6 Nor Ib1e Price and I nncs.. 43 I'h 1'Slcal S.'on6�l IPI1S I lltll [�r4v nt4i S'�1('�IFtreh" 7 4.; 1 Shown or Intl€Cited _7 [yol'Shown ci Indicated 7 44 Kcterence Point-s I.Jely,'it N] RAi 0, 41A F IU'+S laic 8'iv'o• ial r lgtFi t.Or I �RTO-)LI.INS Wt l)UT All 'l i (Rld'i')`h Antele or Nragrapb Nge Article or Nragraph Inge Numlxr &,I a `NuatibcT Numhcr & title \Urataer 45 Asbestos- P(-73s- Petroleum, Hazardous waste or Radioactive Material ?-S 5. IA)ND',i ANDINSIIRANC'}3............ ....__._._.._...� Perlixmance, Exnymentand Other Bonds _. _._ 3 5.:3 Licensed Sureties and Imsurers; <'ertiflemes of Insurmnce 5 4 CON-1 RAC7 OWs Liability Insurance ...........................__.........,. rT 5, s OG1 \RR't, Liability Insurmue o 5. f� _ Property Insurance ......... .'-+-11J 5_7 Boiler and Machincry or Addi- tional Property lnsurancc Ut 5.8 \oticc o(Caneellatton Provision .. IO T3 f"ONTRACTCYR'sRcspomibiluy for Deductible Amf3tatt4 Sri 5-10 fAherSpecialTnsutancc�. 10 S.l i vVaiyerof Rights I 11 5.125 13 Rey eipt and Application of Insurance hoceeds I() -II i 14 Acceptance of Bonds and Insu- rance, Onion to Replace 5.1� Partial I-tilization--Propem imufancr 11 1'^.tNA( I€.I S R1S1'A'.iI HI I. I 11•`-,,„_.__II 6.1-42 :,iupctnsit�n and _4l€peru1tmJc1w 11 h.1-6.5 l.ahor, Ahteriatls and Icquipnlcio _. I1-1? Proi:.ress Schedute. (0 Snb-,tautesfind `01-hqua(`ETemy; Subs€cute Construction R letImA or E'€ ,V eJu{'rn:. k'vf8�h1sR's L+v.tluancN) 1_'-13 (1 8-6,11 1 *o ricer ning Subcontractors......... Suppliers and Ulhers. Wal%er<sf Raghts. _ 13-14 6. 13 Pat nt Fee acid Ri)valtics 14 613 prrtniu _. _ - 14 6 14 I.mvs and Regulations I4 ri.15 'Coxes 14-15 6 17 'life r'k-:anl incts _ I5 6, 1 Sate Stnu tural 1 taidU)g, �) Rcrord 1'airu mats 5 Sanely midi i'rotccvon IS If. n.21 SaIrU l<epresunallve I1 € trd COO 7nllili Chi1011 Pro?rzim,, (a'i Fauti'�nt:ies 16 Sbop 1 m%vin6 i and Samhlr. ...__. I6 r, 2 Submittal Procaedores, ('()N- TRAC'TOR's Review Prior If) "410f) Drawing or Sample Submittal I a.2f Shop Ds awing & S:anplc Subtnit- wis Review by Es`NGIN1313R l r,'>-17 627 Responsibility for Variations Fttxtt Contract Do)cuments,_17 6 -�s RIauxl Work Performed Prior to k U1NIA s Review and Approval of Rcqulred SubmMats 17 r 2Fi ContinumF the Work _.. _ _ _ 17 Warranty and G Uarm1tee _. __._.17 o31-6 )3 1ndernnitication 17-19 634 _ Survival of Obligations .......... .._...JB 7. (Al il7:kM)R[ 7.1-7,3 kchuc t Work at Slta Is 74 (Avrdinauon.....__ _._ IS 8 t7lvJ.fRSRESi'i)NSIT3r1.TTfES........_....._.....__.ls' S.l Communications to CON% TRAC`7OR_ _..._ _ Is, RgllIcYmem oftAGJ—NT-.FR _.. Is S 3 l'tirtn h Data andPav'Promptly t}'hen I)ul ........ ._._.,..,...1K H_4 Rgorty anJlestc__,.__..Is-i9 wti.. 1n"wranci 19 8 7 insl,ectsc�n ;. Pests and I9 s S Srop or ;oNpeoJ Work; TcrmImme r`OV110(l OR,s Services q.4# l.milYililtNl4 on O`,`f,\kXS R e4pombilmes R If 11(lN, PeIrf4cum. Ilantf dou, weste of k"Idlnacave Adateriat 8.11 Iivielene ol,Iinanciil L1i;J�=i7 lt'- `+T;\'CC 1ltl t�ptic1 '31 Off, 'yER'c Represcntative Sile 'b3 ,i.ljex Id �;lre,aatratiee__ ,4-�1 q 4 f �Ltr ltffi.IiIJi1S and intYiprY- tciticros _.. Aktihorl lol VaRatJtilS In Wrk 1 sir . A tx',)l Mft11Cfv'dN 11 "!;IY1U-3 ,IYBokisrili p.� n t t-N 4 Ft H1 'vl'uM ik'iAIW^-ATIr Vi fkr% 9 99, SECTION 00100 INSTRUCTIONS TO BIDDERS Article or Nra»raph Page Article or [Aragraph Number & n(le Numlxer Numher it ritle 9b Rgating%)alecltvelVork.,.e__.... _._21 9 7.9 9 Shcyt Drawings- Change Orders and Pa}anent, _................ .. .......21 1)etrn1)imams AV 11 tpricrc21-22 9-11-9.12 Decisions on Disputes, EN6I- N 1sEiRasInitial Interpreter ;2 1) 13 Limitations on P,"NG1\A_,ER's Authority and Responsibilities._. CHA` (;[,SII1i I1IF WORT _ _. _. _23 111.l ()tV-NFR'sthdered(Tvinge........... )3 14 11).2 Claim for tAdjusunern ,__, _.13 103 A4arkNntktX[LiredbyComract I)Wumcnt> ,....._ ._. _. _.23 114 c'hauge(Wetx _ _. , ��, 10.5 %otificationofSurety '43 (-f15CC>f OF(UNIVA(I P10CH ._. _ :3 11.1-113 Comm( Vrice, Claim for ,Aditvstment. Value of dw Si,ork __ 23 44 ) i A Co It of the Work ............. 2405 11_,5 1.xclusinns to Co, -tat the Word .. J5 116 TR A( (,OWs, flee 25 11.7 t'cvt Records ...... .. 2506 IL9 I Amt Priee' ork__ _ _ ...'U =11Atit>F't;IFCONTRAi'7 114(1„5......,... 121 Claim hr:Alumment 12.1 I mic ofAc E%itnez_ _ n� 2. 3 +clot s Depmd )'( N1'CvV KnIMA 12 4 1 k lnl , Beyond ( AV\T .R's and + `r l''d1P1LAt `l OR % Control_ ............ . r7 i, AORE.JS, DO OK IVY `E;VI-A'tiL'b OF ti177,A,T7rliil'(R _ .. 17 11 1 uce It 27 13.2 s to the W,rA__ _ '7 ] + I eso and Inspections; C i A T3t;A 1 ORS cooperatim_ 27 114 (i1t t.hU ELMpaosibillAv Indgwndery "testing I,al of atory .... _17 13.1 "( N t kVIA lR's 1'011s1h211t12 27 1,3.ri_I.i7 Covering t(uri: Prior to Inspec- Cia6 tc.0 ig,t rApptc,I lA .__f1 13.4-13.9 f mcoveringt %ork at E•N(;t- Page Nun her '.1Tis1?12's Request _. 1 1 1 27-28 1.3-10 0gkNFR Nby Slop the Work _28 13.11 Correction or kexnnval of Dgke nve Work ............. .....28 13.12 Correction Pencd _.28 13.13 Acceptance. ofDIilecirveWork, 28 13 14 (A€%'`t-1iR May Correct Nth cave 141 &hediuleo Woes 29 l4.2 Application for Progreso paymrau 14.3 ( •ONJ R:AC I -OR s Waminla of Bile '9 14 114.7 Imm of -Apphcntions for luji-cmpyttents_.__.. 14.3-14'+ Sulxatantial Cumpleti m, 3b 14.10 Wixil Lultzafion .................. 30-31 Wi Finallnspecti`al _1 -.......1.131 1112 Final Applizvrawn Wi P ywca,_ .._ 31 14.13-1.1 14 Final Paynitent and A�cc.plance 31 14.13 "JiverafCfilinlY _ 31-32 15 51 elf :S[ON,O1 IAOR1 ANP 15,1 (-)A4NFR Aday Susgxnd'Noll _32 I,.2-04 Old T Alay"Carnun is . _ _... K "Ink orlenzibuie 3203 lei !)17l`I T1; RIi SC)1 t'I`IU' :33 17.1 6 k Ing'Notice. .... .>3 17T2 Computation o1 I Imes._. 171 oweofchinr �.33 t7,4 Cumulaaeekntedies. 33 17.5 11, res i.laa! Pee, and Court i'osts Included. i 17.c Applimble We taus 3X34 fntentivllflll4 lets hLailk _ _ _ 34 FNHIRIT ; `•A (Opuonll) IhsporR"AlmKo Agrtemazl _ Q%A] P, i-P4 Arbitration._ _ WA1 In_7 Mcdiatic,R_ ii('`--AI tti I If_I Y,` 4 JR11, CC+'d>t I lt'NI IFV 80 WlIIArt,IN 1ti 111VI T ! =R7 -CI j.11,5 Vk,DI IT All ¢tiS110:V999) INT)EX TO GENERAL GONDITTONS City of Fart Collins nnodificmticros to Ilse 00neraI Ccinditrons of the Co,nstrtr+".ncm Contract are not shonioi in this index rticle or Nraeraph Number Acceptance of— Beirids and C dt lavYive Wtotk ._........ ........1LL4 1, 13.5, 11 13 final pa}lnent _ .. 9 11 14.15 insurance..... ..... , 5.14 other Work, by CiYNTR+1t TOR .-_ _ . Z3 substitutes and 'Or Rulual" items... a 1 1 Work byO IRR.._._..... _ .4',631),6"4 Access to the-_ lands. OWNER and CONt f h ACI OR respon.5ibilitic�-__ __ 4,l site- related'Ao€k _.._.... 7.2 Work_ _._,. _ _._ 7 a 2 13,14. 14 9 Acts or ()mi,"tonB ..Stun anti t lmis C N"I R CT(ih ....._ _..,... _.6.9,1, 9.11 3 1iMI NISi312_ 4-20. 9 13 3 )tXNN Zia. 8 9 Addenda --definition of i allo see dc`niti�on o,t,^ptivcitications) Lin, 1 10. 6 1)'?, 1.1 '1ddivionni I)rapperYM1i AdILIstm ents-- Contract Trice of r'antracn "Tlnii'S L5. 3.5. q 1, 43.2. 4.�.2.. 4 5 1- 9.4, 9 5, 10 2'. 11) 1, I1 12, 148, i l ptogrns; schedulC-. __.. ....... ..... t;.6 Agrecincnt-- definition ot.. ..........._ .,.. ...._.. _... _... L 'Ain-Rrk' frnswran", polio f pin Allowances Cw;h AmcndingConti aetDocuments _.__ _...... 1.5 Amendment, Writicrl-- in general_... __-I_it1, 1 4� 3S, s 11). 5 12. ci_G.: _......_di R 2, if 19 lu I, 11) 4 11« App,-M,,AV" -RorCriXTRACrC:iii intent to_. _ +'.1r7. i)J 1, Io 4, ld._". Io,; .Application tot Pavtnen4— definition c)I 1.3 F�NOPNTE'WC kcsporimbLhtn finalpaymem "1;4 9.1,14.1=-14.1'+ in g arerall _ _ " S. 2''s- , a, 4, !).1'J, 1 ?_ y pri:61Csn lxryme7il _.. _.._. -. _.14.1-14.7 1 ovleev oF_ . - _ .. _. - _ -.14 1 14 7 \I hitratXora ......, .. .. 10 I -I'tt ithe`ilitti__ Claims pursuant liwtT ro 4 3.', 4 5 Ci Y\ f RAC'1'i sg authcwizeJ to snap ork _ 4 $ _' dl^tlnnlan of _. _.. _.__.. 1_4 Article or Paragraph ' ""umber OWNk,P responsibiiity for, , _ 4 i 1, 8.10 posmhle price and times change- 1 4_? 2 Authorized Variations in Work ._ _ 3 4. 6,25, 6.27, 9.5 Availability of Lan4t, _ 4.1, NA Award ' ottce of' -defined _ !.'_'S Reign. Starting Construcclun , �. 25<2.8 Bld—de6nit ton (if _ _ _ 5 t 1 1, 1 11), 2 3, 3 3, 4 4, 0 11, 11 A 3. 119.1) Biddivig.Dxuments--definit4aT of I ildding, ]it luitcnicnts-•dellni do i of _._..... _...._.-._..._...1701,4262) Bonds-- acccptance of 5 14 additionallaonda 105.11A.5.9 'test of the wori . _ _ I1.5.4 definition of . _ _ ... _ _ LS delivery oil. ...... ..... _. ._..__ _ 1, 3.1 final Application ror Parnent.. - 14 1'-14 14 general ........._ ..............._._..._._.I lEi_;_I->.3, .,13, 'i 13, 11F;_ 14.7,E Pertormance- Po meni and Other -_ 1-52 Bands and Insurance --in veneral S Builder's risk' 'all risk" poles, ti)rm_. _- 5.6.2 Cmwelhauon PrOVI.S€'NI& Insurance 5.4.11, 3.8. :i15 '.,ash Allon+once;,._.,. ...._........._..I1.8 Cx111ht iac of Sab4tauitatti Compli:lwn i3B, 6.30.2.3. 14 K 14 10 C tiffcates of inspection ' �3.4, 13.5, 14.12 (. rn fixates of bi ,Licence 2 ?. �.3, i 4. t 1, 5.4.13, s ,_,,g ,14 9L;4. 14.12 Change in Contnia price - C tLth =Ulotvances. __- __... ....... _-.. 11.K faun for priue adlustmera 4,1 -12 o, 4194 _..,. _._...13 11 13 1.; 14.7, 1 i I 1j= CO IRAC IOk'5fe. Ii,U C,w of the Work iene ran € 11 4-1 1.1 lscicsOa:=15.._... Co"I Record , _. inccnoral I Pi 144_`i.11 tu4„.lit 43.11 i.unip win htcnt! ..___..,.. 113_' .uufioati,-i. of If) l,) i_t1,4 1 i4!m;i and lu' pcciwtl, I.'n GOP er ISIf-the'. Wor{. - _ _ _ _. I.i.9 C i ,ICTk' a NI KAI , -i!tI)I 11' S I'AU-3 (1990, [ Iil II, 'u) a 1 71 F RI' I nit Frace Sfork ] 1.9 _vtidc or Paragraph ?tiunilxr VIlue oY` fork...._..... - ., ...__ . - I1.3 T Change in Contract uncs-- - aim f<x oral es ad ustlnenl-.....,A t, 4 2A, 45. 111 0.8.2, 9.4.1% 9.1 L, It! Ia?-5, 111, 11113It 13.It 14Z14.1.15.5 Contractuat time hnlitc ................ t21 Delays Ivyond CC> 1"RA('Tti !S control .113 Dcl {ys lv}Old (>kk-''dER'c and CON, I'R CIV)FRscontrol 12.I tiotificafin nlsuretR `OcoN of change Cttaty;e wders-- Acceptance ot`T?ejechve kk;ork___ _..- I IT kmerldingCun„tmet Do unnents ...35 COE AHownnce,_....._ 11.8 Change C1t ('nntrau llrici Change of ContractTimes �..12 Changes in the kkorh.- ---..... 10 CON IRAC OR'sfee Cnst of tileR'crk.. .-.,.„.11.4-11.7 t'o',t Rewrdz, T 7 definition of _._ _,.... _. _.1.9 elner2Cnties, ..<.._. _.. 6.-t3 1,,GML E ,respon ibdoy _ 98. 104.11,2-13.1 exccutisnol __... ......__ _.._._....,,1C3.4 ..,.,.v.12, 6_16. 611433 Instuanc.^„hondsand ___... �1u,5.1±,W (AVN R may terminate 15 2-15 4 fI"NERVR npiFtSlbthtl _. _. ..Sk.104 Physical Cond,ttows-- Subsurl.acaand,._... _..._,...-., .................4,2 t riderground t=FcibGes-- . _ ._.....,.... 1 42 I eawdlAlcLLmews 6 ]]9 Scope C){ i llwrg,4 -r �� .3' 10.4 6.7?, tl.k.2 1Cot Frlcskkor6._.. _._. _. ....._.. ll. r atua w "A L x)c Orad by r1lar1'e5 in Me kk tlrk _.... _... In \t,m Ottion of'surc tV.. ........... 1(i.� c r11 ° GP's and C(Y" i IZ.:1r'I t )12's TesponsrGhElcs _ .. . . _ 104 Ittgh( wan actin talent fill •.ape of ch lmd _...... ... .. _. In z-1 0 4 "' lzu nl s-- s mnA ('ikt TRAC`i'C)R ..._ _..... _ ...O.lti awunsi K:,1 AR _ o32 ago no f AV%HK... '.... o 32 -L i tmw rat t ,+iStnwi tit S'O i 4 l ' llalnl ,, of CulO-act 'I ittics - q l I2.1 c,Ili1C'ltaf2's. 4 7-1. "4.9; 711Iu.2, ._.. .....,.,. .1 L_'_ 11 0 121. 13.9 14 A _ 111, W tT3 of t'0\TI2A( "[0k's Fee _ 11 Is Article ar Paragraph 'bumI r CONTRACTOR'g Itahilit}'...... .,,5.A 6 1 Z e 16, 6.31 (`ostOfthe k4crk.. _._._ _._..._.._Ji,l,l].3 LdoWAnx on Dgluta'4 ...._.... _....- 9 11, 912 Dispute Resolution _.., 16.1 Dispute klesolulion agreement Ell VINEISRnSinitial tntCrllmit7r 1,unap Sutra Pricing _ _ t 3-2 Notice of _ _._ _173 UtVNFR's......... q4, 95_911 1rt2 If 2- 119 12.1E 13,9Ei3.13,IIIAIT3 ClktiXUW hai Ok5' G i Ukk'A E,k may refits.; to make payment Ill Profewonal, rcs and Court Costs Included _.. _-_.... 175 loqueat for formal decision suhm ume I tem s, ,. .. _._ . . _.. 97 1-2 "Tonic PxtenLion_. ._..._. .._.._.._-..-.---__ 12_I Tone requirements ,-. _.. _n.11, 12.1 UnitPlteekkork_ _ _ 11,93 kralueof..-..__.... ...,_.._...._.,.. ,.._. , 11 .4 iva4var of -on Final Fla5mcttl .. .............14 I4, 14.15 tb`(srk Change I hrectn e 1(t ? vvritte-n notice rmqutred �sHrtft�dilOn> and ]nLC11'FclatliJns-:>.h,_, }). �. `, 1, l 1 Lean Site n 17 Codes IOchrocal Soacti Ot$awatl Ott or < hatcm"ott, ,, ..._.. ............. 11 -, (Anini Cnctailent of Comma tulles 2 3. t `am m uu ications-- genclal I to lArd i, ilt rat t4l31ii9tStalt l'rogr2ms_. :'om pl eti en -- F utal Appltc Lion tilt Patanem , .... . ,. ...,141' Fuld In,pi~cuon. _. _. 14.11 Final Payment and A"eptance _ 14 15-14.14 Partial l tiil,'ation ..__,. ..._._.. 14.10 I&Nuntial (-omp1cuun_ - 1 35 14 ri-14 S? 1{,,luartEt'Iaims 14 1i C:vupuoowll )I Tlnlct � l7'_ 1-17 =tancerniinL `,ulv�ontraaors. Suppliers and lithers Come ctrxa .. lntutilA t,'ceptable s,-hrdulrs p eC:'nStuiut,an....I I I I I ``onflict 1ultx, Alohigunt 01"crepincy— t A )% I RA( 'I OR to !deport - -' 4 3.1 015tr ll,6 oa, b orC oalltine b\ C(P T1. 1C"WR 2 �2.7 C ,,n Yiril Cl.mrr 1'b hlnat l,r.lntpnlc'ni Ole _ _. _. (,4 'ranttnUlt Ill lvor1:__. _ 0 TV in d , % nu as 1 4vuln2'1tiS— iAIx'if vlttA],C"(L111tit "SI'll, 809'A!HJltiU�f u, tl`R-" Cd t R( ('S>1.LI'v, MfiPH,,It, al, NS iRE%' 9 W) Csrh Allavaances 11 8 rVtisle or paragraph Number Change of Coniraet Priye............. .................. 11 Mange of Contract limes 12 Changes in the Wark., _. ._-_....._..._.,10_0105 check and venl4' ._ 2,5 _ Clariiicauans end fnterprelations _... _. ...... '. 3 0. 9.4 9,11 definiticnt of 1 U? li;{, c INIA,R as initial interpreter of _ 9.11 HNOINFER asOWNI R's iepresantanlc .. ,,..91 g"I: 3 Insurance__ 5.3 Intent minor varialron%in the Work. _.. __. _....36 O%XM,-.k's responsibility to Arriamlt data _. M ()WNFR.s C¢:tipPnYi1751tt4 t0 make prompt payment. . ....8 3, 14.114.13 pn t edencl.... .... _ ......... 3. 1, 3 3,.3 Record Documents 6. 1ti Redereoecto.tandardsand �penGcaaons of l echn 14'al 5ioc c11e5 .. ...... _... .. _ _._... _.. 3.: Boated 4Ncrrk. _....._._._ ,_.......... _............._?2 Rep wung and Redoing Dtscrr�pancia1 2 5. "1 izeuse of 3.7 Suppler-vung l enin ianon of 1 NGIN1(LKs briplolmieitt t'rin PtIca Work .. ... .. _.... I 1 9 Karr Ation:i .... _ ...,... ... __.. 31621627 Ysits to ue. .. _... _.... _. 2 Contract Price+-- acdiirarnent of -._...? N 4.1, At In! 11-211.3 -.. Change odstDisputes. 11 llcc�on sat Di putes,_�.. .-......_..... ..._...7.1l _ definition of ..... „„I' l l C'ororaa me`--- adjustincnt of _. 3.;i. 4 d, it I0.1 12 Change ot .._. _.. _..._ 1_.1-t'_.4 ._ Clmtmcncemn ntof_.__.. '.3 doEinnion of ..... _.._... . _._....l t? ['[JNPls.tr i(.SN t4 'elstan Ct' 4t 1D9llr:nt Ci: 7. 14 G+tnlnue Work _.. -. 629, 104 co rdinanon and scheduhng _�..... _._ c,9.^- dcfirwron ol.. ..._..,.. . _........, ...,1 13 Lrrwt ,l keha\ice on I'Mil ical Hate, ;leih;mzed 4._ ?Ss, tbulkol'I'errrlmate _ _. i5.5 p1 Ide aw rt"ns to otha s _ .. 7 2- 13.'_ `'adeis and Frmt ciicnt..._. 4 1 1 16 In o IS, 61162e 72132 `. h'j, i Jra %ing tnd 'simple Rcvi, w 11 kq to SU(Alll nab .. ..,.P2' Stop Work i equuements _..... _... _ _ 4 i 2 CONl k,N( "I OI s— Article or Paragraph Number Compensation.__.... _ __11.411.2 Catrtinuiny, Ohl igaliori „ ..., ..._...... _ 14.15 07 kctir-e Work _ _.... .,9.613.10-13.14 Duty to correct defective ll%ork... _...13 11 Duty to Rep rt-- Changes In the Work catased by I:;mergency... _.6.23 Detects in'MakofO€hers..... ,.,,__.._.........7-3 1T Hernig ocrishm; A=1 discrepancy in Documents.. 3 3 n 14 t nderground Facilities not indicated_ _ 4i.2 F n itlj P-]1C1YS _..� _6 23 fiquipment and Machinery Rental, Cent oCthe 14`.ak...._... .........._.. -..........._11.153 Px-CastPhan __...AI-116 11.5LIIf, Metal " errancy and t ruauantne 6 30 llvtard(:onnnunication Programs 622 indtinnif ition _ _ p 1' 6 N(01-633 Inspection of the "or}, ,,.,, „.11 ., ,..... 7,3. 13.4 { i. .,..._.,..rz,16 1.tboa. 1v1atcrials trite F.cu'{nner .21, ; I aws and Qulanons Ccxriphancr tg'_ o IAA Liability 1 nsurance 5.4 =v(rit4e c�(Intent to ,4ppeiil ..._9,1{!, pt)..1 obligation ie per lot and complete Qte koi1..,....._. ........_.. n3p patent F¢r,i and Royalties, pad For b} ....._,„_ t 12 Performance and Other Isoncds >.l Permits, olstained and paid for by _. cr_ 13 Progress :ichedule_ _ it '_ __... X. _ 'i. or,, Din I04 11.2.1 Re$q em for formal idV`l iswnon displuiet _ ....... 11 1i eSt2JnSt6111I IL %�� Changes in the Mork 10 i (,.oncerning Subcontractors, yupplicrs and Othet 04 "21 Continuing the44arL _.�. 624 104 ( O`.71i•i(''fOli'srtipt,nsc..._ Ci 7 1 C( N' t RvV"'t N',3 i ienertt € War t anty ... _ _..... and Guarnriwe In TO F't loll k v'J' OR's ro ice, prior to 4'hop I`InmIngorSample wbnuttal, I,,2' Coordination of 44ork k`+eualuatfort, Sub�nutL., or kquaP' Rims _ 6 73 Vol :rl4tr au.l t)in �siana to deemtllllI: ar2ou ¢ insumnive gowral _ r, 7 2 f 7 iazsndoto�<:xtamunsc2Uon 14c Yams_. - — InLICInninC911t41 h ld-h ii tjkTi,.'(;I NJ AM.tof@D111; 3551910-S i I VlI) I'D! I H I,,, N (1T5 kiFF,R1 COLUNSMrill IW-Vrli Sdtt,l`9'99i Latxx,i4atenalsand llquipment g3-t3.3 TANTRA ORS --other ..__ ..._..._ _..._.7 LawsandRqulalirms _ d-la Contractual Liability Insurance _ Liability Instuancc 5.4 "Altractuat hilno Limits _Article or Paragraph Numlx r iotiue of variation from Cumtract Document. 6.27 _ Patent Dees and Rayaftie": _�. �._ 6.12 Permits 13 Progress Schedule 6-6 R.nmd Documents 6.19 lelated t oTI, perfcnmed prior to F-INGl E',HN'sappovalef'required subtaitlnls _.. _._..._._. I _. _._ CL€ Sale structural toadmh b. tS Safety and Pit meetwn _ . _ _ 620, 7,2, 132 Safctyy Representative 6 21 Scheduling she `4'ort',, ,,.,.,,,,- ,92 Shesp IWnwings and Samples _ 624 Shop I.Aatringaand ;ampler Review h fN(ILNFT1,....................__.....-_. _..,(t.=0 Sne k1wis ine e _ _ _ 6 17 Suhtnittat I"I"edures Substitute C"onsaucuon Method, and Pro edure% _... 6 7? tiz`uh5tiniie. and "Oi-Equnl"items _.,__..C7.7.1 SuperiniendenaC_. .., ....... _6 Supetr'Islon.,._.. _.-.. .._. 4.1 Sun iealofOhligatlotts _... ....____- ..634 '1axn..... ......._. _ e;15 I gists and Inspection, To Report ....... �,� t,seof11emirea {IttnIS.o.:ttl_.4 R<vIew I's for tc Shop I )Iabting cat' Smnple Suhm i tta l,.,,_.. , _ ................ . _..-...... l; 2 %'I& to uQuSanlent lit lhangxs In the NOwly„ I0.2 right to churn 4 7 L W S 1 9 1 L IR 111... _. ILK 111.1.3414.&12I_13.;5.1Z3 Saldy and Protlectwn.. Q11 {J 21 T1 13.2 `i,lti,h•fd-e:prenc+9,ttive. _ __ �+'[ Ooplha wgsandSamp3esSuhmumly 62462S Specud CCOMshants t1 44 Substitute Construction Nrcthoxis and ProcMures n.7 Substitutes am! A3r-1 quitr hems. 1.,Nper we 11 __(,, .1 6. 7.^_ `;uhamtractors 'Supphers and Others 0 On I 1 Sul v'3519R and JU}�?rg3td31(ienCr;, "> L. f3... G_al I rseS. tlai lncnl he _ =J.1t t sr of I'remiscs �.... ... tJ. I1, ri. 1 =nantiesand gmuanswc-, __... _.ti.:.s�3,) 6l-armme c1C 11tle 1-1. Wrtuort Xolkl 120(11ired-- t,( )N IRA OR slop GL'Ork € i ten t inzt10 .. 15 wynts on Yromig SWurface and 1111lswal Conditions., siantial ('omp>lcnlal _ 14,E Article or 'Paragraph Number 3'nardination-- C`O�`1'R,kt"1'Oli'sresponsibility _., , __tiS).2 f`npixstrt`Lkx.urn�znts„ _ ._ 3-Z Correction Period., ...... 13.13 Correction, Retnooat or Acceptance ut Oefecrov Work-- 1n genet t1......._...,....... _ ......... 10.4.1, 13 1413.14 Acceptance vft),i%rttn e \Vork _.._. __. 13..13 Correcanitl or Reittosal of Detective1"ors _.„ 030 lilt Correction Pdtioa_ _ . 13.12 O til;R May Correct 7lefecrive Wort: 13.14 o1V1Q R 41ay Stop VL'urk ,..._ 13_I O COM- uf ie, and Inspections .. 134 Records 11.7 Cent of1he ItVrk-- Kinds and insurame, uddinonaj ........... ..I 1.4 19 Cwih Fa.wounttl_.. ., .......,._ _-, J Lag COVI11.IC(OWSPee -_.._. II d Einplo�vc kxpense5 I I IT1 kxClcivromt,t. - _ II.S tieneral11 4-11.5 Numc olliae and overhean expenses.. ..,.. 11 s t osses and damages _..__....... ............. 11 4,5.6 jlatwnalsand equilunent,_ _. 11--11 ?Pnorcxpenses_.. _... . _... 11.ws,. I'4tvr011 "Su Un C wwn I L? I JwI P" ined In 5uta;,rnli.,<11Ms.. 1.1.4 3 Roeords1I 7 Revlitk iIC COIBIruc t I On Ox;u igtneW and mac-hlnay 1 1.45 3 Royalty payments, Penn its and Inxnse Les . 11.4.3.'r SOC oll7Cc`and tcrslpidar, PIC11111cB _ I i 4.3._-- Special Consultant. I'O*v•IRA( "fUR'.,_ ,,.,I1 4.4 I axes related to the lkork 11 4.> 4 NMI and Wtv"ticn .._ .._ 114 1`radc I)sseounis ..__... 11.12 I rilitiev fuel and wmwq hirdwn 11.4.5.7 W,xh,attil tcgutal h, us.__.,. _ J 1.4.1 1 Owna lowk _... .. 111137 _... °.'umulative hamedies 170175 t sitting. sluing and palclnitg._ ... 7 i�n� `o ii€ tun.ls$ed 6c c Al!,Lk S.3 I n--tle€imril ol_.. _ 17.2 I'•. sicnsc.eli,.l7ni+>s. .,._.011.91Z l doer, erg--c ,3uutaln of _ _ _......... 7 14 .tole. Fit*e U Aocapt,n cs: w1-. _ _..... _ _. Ih.4.1. 13_I3, LN19'it .1-RAI l`tPt�tatR i�.ti 19U R.i+J<<ki2l ttiJi<} 4r�(1 T-Y olF 0Ci)i.t tr.a tiit Dfyii'Ai7c "vfi tRiz49iT1i Correctioil tT ktmoval of 10 41, 1:3 11 Correction Period 13 12 in general, 13. 14 7, 14,11 Micle or Atragraph 'rni Nr Observation by 9 : OWNER k1ay top Wiark ITI(I Prorript Notice of Delects 13 1 Rejecting, . ... ... 9.6 k7ncovernig the Work 13 8 Oetinitions I Ikkys —.1-1-1-1.1'... 1, 6 29, 123-12 4 Iklivery to Bond,; 2,1 Delivery 2,1 Determinations rot Unit Prices Difterrall, Subsurface or Physical Conditions - Notice or 4 2 1 Re"'" 4 24 Po.whlo Contract DOxaimenis Mange 4 2 5 Pomible Price and I Iran MJamitim", 426 lUrgmitcles-Apmung and Rvsolvint; 2,5, 3 3 2, 6.142 Dispute Resolution- Agj cCMCI)r ....... . . ......... Arbantion, 16 116 general 6 Mediation, li"j" DIsralle RtOolklinon Al'reement, l-bixo I )i>putcaI )CUmloirs IV h"AINIShR It-(, 12 0ocuments- Copres of 2 Recorder 19 keose of , , I I I 1 3 ot I In .... .......... . ......... . ..4 1 14'1'1"'CtoC irae ot'Agiectriew -- definition of,... ..... .. j 16 10mergencw 021 LNGINEhR- as initial Interpreter on tb5pvitcs U d6miton of, 1 17 1 imawars on aithawy and iesponsihAit�Q,-i, kep!aooment of- komdent Ilr,�Jccl KeIarewnlillve o. MINEERN (Amoultant -- J:Gnkwn of I 1013WEHRV IU1bDC Ucand respernsibttat, lmrittticm3 I'll Aalhoilzotl Variatronu in the Work. Change Qide;s, tospon%ibifiry for 1) 7. D, JL 1-' ChU."MM WKI Interpretations 3 ('3 9 4 I WMAn Vn I Qum, I P 12 dylaw IM notwe N 13 F&MAn 40415ne Non�, W(O a Acceptable 1413 (11nerv,ifion, ',(12 9 ()W'NFR's Representativc, , I 1 .1 9 1 flayinlentg to the CON I RM "I OR- Rosponsibility for 9.9. 14 Recommendation of Payment,, 14 4. 14 13 Article or Paragraph Num ber Responsibi lities—Li in riat rons oil _ , , , , , 9 11 -1), 13 Review of Reports. on DiffIcrin. StIbsurface and Physical Condiriona 4 424 Shop Drawings and Samples mvww resixinsibility 6.26 Stains Dirruti; (Tristrwww- imthorized variations in the Werik, 9. 5 ('1wiricatiorisand liverpretationO 4 Occwons on Displacs I I I-RU Doerminaticas m Unit price -ti 11) 1�'NMINLER as Initial bitieIrpretff 9 1 J-9 12 ENrif'XIERR's Responsibi I I tics... 9 1 - IZ' I Am MhnnA on k",\X 1 IXI+K's Atithonty and 13 OWNE'Ws Rcpresenaitive 4.1 Piqect Rcpies ntalwe 93 Rejecting D1f6clwe 1% 1-0 k. ... ........... (i Shop rhamn, Change Orders and Payments 9 7-90 Visas to Site .9.'_ Lnit Price &ierniinations 9,111 \woslosac 12 '%� ritten consent required 1 -2, 9, 1 [itnipment ]JI01, MUtC1 ION WHO _k 35 ; Fqnqvicrii rental. CoAt of the Work 11.45..3 Equn aunt Materials and Equipriwivi 1 '�).7 error or ourmioris AM lwwemv orb minoaKnArgymens 11 Fxplornnoni A bih4sicid coirditiona 2.1 Fee, 0 AT IT ACTORY Xo�as Plos AM Order dchnition of, 19 nsuctib) EN(PI NIAHR 361.95 FMW QMICHAKM for POlMCTI( 14.12 Final 14 11 billil lteylnenl-- aId \Cccrtanc� A 1114 14 Mir w, for cash iflk�tvalccs I L8 '010A It Await ITTITA 6nvrtfl Requkremerat; d"finillon of, -A 21) pi incipni iMenw, to 20 04. 6W6 T 6 24 King Notn-c 17 1 GUMIUACC MUk-ot (" iYIR,'iC1')R o 3o, 141-- Hward (elMmmwnww '10finIT!o1i M ettletal 4 . M rot 8 to Ix LY'Tt' laM-RA(, i -0NIA I)0',S I 1A I, -S ( 1990, 1 A I] 11, stir it 1 r, 0i k R-Ft 0I'l'txs'MCDIfICA n0NSikl-% 1i 99j IndcrnnIli Callon 6 121 6 Iri_ 6,_31-6 31 Initially accehtaWSehedulcs Inspection-- Certificatesot ,.._.._ 913.4.13.S. 14.12 Final article or Paragraph \umis r Sruecial,required bs'ENGINEER,,. ___ 9 6 rests and ipprovat. _ , _.... 8.7, 131,3-13A Insurance -- Acceptance ot, by OWNU _ _... _ _. _.5,14 additional required by changes in the tlork fieforestartagthe 'Woik .___.2,7 Bonds and --in general ....., 5 Cancellation Provisions _ _ ._ 5,q .'crtiY c2tesof 2.7, 5.5.3, 5.4.1 t, 5.4 13- _..._..., S65-58-514.9114,14.12 aOrnpteted operations„ ...... . i 4 1, rY3',,M va TOR's l,iabihtt ... __.. __. _._. 5.4 C'ON'S[{A(`T Ok'S objtictim to cvy crage _+.i4t Cont] Liability _ 4 410 deductible amounts, CON VRA£ "TOR'a iegxms'ihilny. _ ..... . _ . _.. _. ._.,...... 5.9 Vinal Arplicition for Paymenr._.__.. ....._....141, I iecnscd Insurers _ 5.:3 Xotieercyuiramen€s, material changes lo_. Option to 1teplace, _... _._.._._. _S,S, ..._ _�.14 other special insurances .._.,.... _..,..._. _... .'-.In i W\F,R. a, frdwmry for nvurcdg.......... ..3.1 %5 B O Ehs Liability 5 1 k M R s Responeibihti _....._ ..._,.„.,. 5.5 1'aoial I1ti3valmi.PropertyInsurance, ___...__5.15 i''I opert4` leededpt and .' 1plicatton t f invui an" Sluaiallnstxana _ _...._ _ <.lo Waiver of Riahts__.._ ._....5.11 Intent of Contract DoCtan¢IIIS l nierprelaiit�ns and f'lari tictattom _ 36194 ]nvv it;rtizans i>iphysical canihtuxt;.,.. ......_...... 4 Laixtr. \ fatermis and Ertttipntcnl_ _ _ 6 3_t' 'ands -- arid haserflcntv _ _ S.4 Notability of __.. _. _. _. .. __. 4.1.S.4 R,rporis:ind Ieos _. _..._ _S4 I,w'Ns wid kc�4i trl rns--1,RtSfi .rr Ira; tilatliltl$-- Itlutci': sl-> f hanIecs In the tb'arl. 1114 I of Muct 11os;ulienls _.... _. ._.. _..._ 3.1 s'U�Ci RAC J •_... 14 Co'IPco ri l mr ,d_cldfeclwe A%till: 13 ?.° ' "si ofncc Work, taties _.._.. _ ..,_.__. 11 45.4 doll non of._.._. _..._ _... I -,-, oewrai6.14 1nJdtunil�isa4>=tin __ _. E.:31-'r'.3' IflSlUflltCe �_� Precedence _.. _ 3 I, 3 i.3 kercrencw to . _. _ _. 33.1 Safet>and Protection _ n r1)- 13.2 Subcontractors, Suplaliers end t Ythers _. _n-S-t§ 11 article or Rtragraph Num lbel restsanaFnsj+ecitons._.__ __._.... 13,.5 t se orpternisefi__...._ . cr ib E A41t5 to Site 1) I rability Insurance-- AN'? -1W Licensed surelms anti Insurers, L icns-- Appi atiat ter Progress Payment _ 14-2 ['(15`TILat"1YR'sWarranty oftitle 14.3 Final Application lot Payment." ..... __...-, - - 14.12 defiinnion M'' 1 23 itiaiv'er of Claims __. 14 I5 1.imivaliums, on UXN� rl;t`EEICs authority and responstbihues _ _ 13 UrnitedRehanuebv-C>4iRACIOR Authorized_ _. __.. ._ _ _........ .._ _.._. 4 1" Maintenance anti tiler Ling \Umu.4ts .['trial Application for 1'E Nnicra _ _._ _ 14.12 �i,un als (of others]-- Preceden.:e 3 3 3.1 Kcferenue to rn C'rutEr act 0ocum erlls_... 3.:3 i Matr. r7ti k and ethripnient-- furnislted by Cr 1\ IRACTOR _ _ 6 ., not incorporated in Work _ I4._ N'fateriaN or eSlUli3ln l"tit--etlWalVateJit _ 0,7 �tediaticat tC)ptrnnall_ ._.. 1GJ ._.1.>'4 \ ll'wo 11ait Cot m-- Computation of fares 17_' Cuinulabve Rmiedies _ _. _ . 17,4 Un'ing'wlwe...__. X'glcco(Clain. F'rctl'e,wonil Fees mid Court Oosis Included , 17S Multi -prime contracts ......... ......... . .. 7 'tiot Shown or Indicated _... _. 4 .' 'wLkc of-- AN:t:vptaNIAt of IrIoWt.__._. __. 14 11 Award- dehnnio'l of _ .. _ t.'`. ... _. Potects.li l I)Iricrimc SuSsurtac,c or PhvsIcal r'omhtiwty_ 4.2.3 IMU1. _._.. _.. 17_i rr5ts sand Insrwolons I3 :, ':.uaton. Shop Dlamng Nind s ntpl{..... 6-7 '�'Msce to Ptotectl— dclootion of I.'o gI}rna If ..,... .. ..., .. ,_ L ICI : t;h jl It At.C'ONIP1110%S IR'[i's' 19vr+ I-. Di W'1> i rr,i'TYi- B'RI'( \b, J J11TAlJ NS tKT)9: 9'1r Notification to Sureo. 10.j CJtrcnatlons,bpEvcllvLhtz 0,311,9,2 Occupancy oltheWirk 5.15, (Ou-1A 14.lo Oniisstons or acts by t'f9M RA( I OR_.. ri.9, 14. Ci ONn Peril fi>licy farm. Insutanee _ . , _ 5 fi 21 futon to Replace ...... .......-.... ............. 5,14 Artiole or Paragraph 'number "Or Equal, Items _ 7 Other work 7 (aeatutte Work --prohibition of 6_7 OWNER — Acceptance ofde/ecinee Work... ... .. ......._...I', 13 appoint,in EINGFlEEK... ,._91 av fiduclary S I -5. 1 AcailabilitYat-Lana:, rasponsrbility 4A definition of .................................... .......... 1,27 .. data, furnish R.3 May Correct t+clectn•e Work _ „ _,. },i 14 May retIM,tomlkehaymerit __.... ..,..__.1117 A4a} Stop the. Wort _ _ 13.111 \try Suspend ll'ork, TominaW h g- 13 1D- 15,1-154 Payment, make prompt.... ....,...__, ti 3. 14 4, 14.13 pertoimanw ofother work .__.._. __....... 7.1 permac rind hccenS25_requiremeni5 6_13 purchawd insurance requirements ir'-5.I It ticceptrtnce of the it`ork o 302 ; Change Ordels, obligation it) exccul4 .,'.0, W 4 Coal In till lcanon%. �. I Ctwrclination ofthe Work 74 Dispute% request for decision _ .. _ if. l k Inspections. tests and appio� als _ �L7. 13.4 Liabilav lnsurtlnae _. `• 5 Notice A Dcti,as . ,...... 13.1 R pl ('Sent aivv. A7tlrtfig l lls (toll, '.ti+; I'�.E'1• f:'s ::law, ". � 12esponsitil stvsltri.1'r'li,, Metreltt,ua. 1-tazwdour ENx';te or R.bditkICIIVd Nhllt mil .1t1 Changc fh del s„_..... ,. ,at" Chaajcs tat the t%or'v 10-1 Cd1n}tit ul11 e;311 ti9t13 R.� t, eti Itleiwe of linancial :urangranzoh _.. §.?i rnnneCttons, tcsls andlpprovtlL;_ __.S'7 tnstuance.-; __.._. 1.111J5and e •ein('111) .4 pronillt pacmcnt by _ h. l ct•lacevtirnl ti f li.tr C1.1 1.1t_ �` -; reports find test 011 or sutila<•nu Xork v ti 1 1 I tl. 13 I term lilate-C) ,Hf A.-1Y11i'c sepal nte[cpl cylnt,a ll' c at Sltc,.,,,.,.,, .,._...,, •)..} icsting, mdcpendent L".A use. zr .occupancy oltheWork,__.. , _.. , _� 1S. 6.3o.2.4, 14.10 written consent or approval required_ .____.. ..9.1, 6 3, t 1.4 IATVOIA RN, Pit A IIWY; I'ilo-s W990I-I)IIIi."."J n ,1TY.A Al .A lA'-`, 4I, ilI VW AIt ASIkIA ir991 Article or Para4riph ',umber written noticerequirad_ ...___ _7.Lo4-o.11, _..... ._-....- _ At A i i `t_ W 1 15.4 13t'y�s-- definition of _ _ _.. 29 iieneral......... .._......... ... __4i O WN R'sresponsibility for _.. _. _H.1U Partial 1 It i 1i zation -- deGni'tion ;_seneral 6 302 k 14 1[J Property lnsurancc lrltent F"S and ROyaluos,._ .,.._.., .. ,.,....... 21 � Payment Bonds 5.1-5.2 1'aymenta, Recomrnendatiun of .- -14 1-14 7, 14 13 I'aimcntstaCC^ fl&ACT °1Zand1`onirkti m-- Applumtion for Yrc gressl ay ntetats 14.2 ( r`lN fRA("l tih'.s Warranty of`I'itie _ 143 Final Applioation for Prymeni,-.,.,.. . -... JA-12 Wal Inspection.__. _- _ __... _ 14. 11 Final Payment and AcccptnMe __. , la 1114 14 .__5.3, 14 1'artaal t dti6zatton. _. _. 14 14 RctamaG2...................._. ,. ........_......A 2. Mew of Appl"uons €€tr Pr,gre;s1'ayntentsI:-1-147 prompt papment _. . _._ __._.R.3. Schedule of Values 14 i Snbstanual(Umple6on - 14114.0 Lkaiver of Claims 14 1, whan papnetrts due_ .. 141 14 13 Withholding raymcnt. - _.. 14.7 Performance Bands Permits 13 Petrnlc nm-- definnion of ........... ....�....... ...__.,.._} 3i� gowral ..... .... ....... .. ..... �. .._-.........-i 5 Ol M--.R's rrsponsii ilny- for I'llysmil Condafivns-- Drau mgs 0. in or n-lattngg to_ _. _.. . 4 2-1.2 1 NGINEER's rcvietv._..._..... _... ._ __..- ,4 .4 ex mg S MCMes. _.. _. _. _... 4_2.1 genend 4 2L2 Poa>aldr C'onnact Wuolm t'ham¢e _. _ 121 Vou sible l'raee;Md Tome" Addn amentti t 2 o and Luau mgs,. _ .._ GRepents Subsurlare Conditions 4.2 11 l coeval S'SIM 11macd Relknce b CO',, I R.b'I()RAuo-wnaecT_ _. _. _ -i. t nd[rgroun 1 t A111161t'"�- ;:Pnend ti 111 Shown er lndimcd - _4.1 _7 I'r'aa' hon tit 4 i. o 20 Article or 1''aras raph Nu rftr Shown or Indicated _.. _ . 4 3 1 Technical Dain 4.� 2 Preconstructton Coanteroh v ... 2.3 Iteiimmary Ivfancrs . 11-clun unary Scltedulr 2,6 Prennisas, Case of._...._ ,...__.. ....,-, 6-16-6.18 Price- Change ofContract _ ___..11 Nice, Contraci--definilton op._.. _ ...... _.. 1.11 1)tj;re9sPayment, .Xpr'bcghons R' 14 -2 Prr%2rem Papmlen€--retainagc ._-_. .. _.... _ -. 14.2 Ptugress schedule. CON RACJOR s ...,_ ' 0 2 F- 2 9, 66,629. 10.4, 15,11 Project--deknvttenof._ 1'rotcd Reprc�ntative-_ lii�Gl'�7 E12.'S SlalUb?141illn�t.pri$ir116L1C,n � � f1mic t Representative, Resident --definition of 1 33 prompt payment bV OWNFF2,.., .._......... ......... ......3:3 property Insuranet -- Addniunal _ _..- 5.7 general5.6-5 14; PartialZtJGzation .__._.. .5.15,14,RC recaiptand appllc;d-ionof przccecls, ... _,...... >_'I2-513 Protection _'Satcty and. __.._ 6.'_it G 21. I3.2 Punch list .._..... ....__. ._. _.. 14.11 Racii02104e ilateric+l-- definLion of 1.32 genaral4 > f dLk'hIEW!, resgnnsabdky for. 1. lCt R"ommendtatron ol'F`a# neat....... „I 4, 14 14.13 x"c,rd 3)vtcuments. 631 14.12_ Records, procedures for maintaining __..._. .2,N Mel once Points 4.4 Reference to standard's and of`i'echnicnl Societies ..............._.........,.... .„...33 Regulation, Wsand (my,....._..._..,._....-.._. _6 14 Rrlrarinn-tJe(rclivn Work Related Viark-- at Sits _ . 7 1-7.3 1'erformed prior u) Shoop Drawmgs and Salnplcssubmnnalsrcvacu:...,...... Remedies, 'nm 1IIat i 174 17' Removal nr Uorrecu"n olOokenvr Work 13.11 tenta€ aateements. Citi- hk apptoeat rc.{unr:d t 1 4 S.s t eplaament 4 byOWNER ._. Rep umz. and Res;4y, Uisso"nc+ss,.__.. -...2 5, 3 3 2, 6 112 keports-- and Ikawmps 4.2.I and MY a AVNER s i eM,nimbilaty Rem,lvnr and 1 tcaect Repre,e,ntAnve-- dend6on of t > prover eon xii IJ( 1:a'ttF VlRAt, CO' lnUOYON OnO-,34W I I III i VVN) it C7`I'9 t1E ,Y.t^f11.Lr^X5 �f+JLatpir'i tie �;tREF'')9.7j Article or 113ral raph Numlx r Resident S'uperactendent, CON I'RrACf(7R's __..... (12 Responsibilities-- coNr i%,AC"rCWin general ............ _. ............. Ei FI:IGINFE";R's-in general_ _ Limitations on, _. .._._ ` it OINNER's-in generHL..._. Retamage .. -.. - 14 2 Reuse or I:mum ents 33 Review by CONA R-ACTOR: S110,I117ia"tiings and Smnplas Prior to Subnutial _.-._ Cs2;~ keview of Applications for }'Togress Payments _....... _... _.. ,14.4-14.7 Riebt I'D an adnl3tnnent 1f➢, y Rights of Wav, —.._ _ .-. _ _._. _. _..___.4A Rmallies,Patent Fees and .....,.-... 6-1_ Safe Structural Loadim, h 1 R and Protection Protection - _...�... ..-.4 3 2 E.16, 6, IS. _6,20-621,72, 132 heft'JAI.....--.._.__........... ........... _. , y2tJ-te �} IYepiuti�nnuitie. C'OVI RA(-TOR's 21 samples - definition of _,.... _ ._..- -. .-..:_1,34 general _.._ ... ..... -- i�.24-6, S Review lac COX ILA "FOR i,2 kettcw, by hN,( NE>rR.-..- -_. (i 26.. 0'7 related A4brk .....,...._.. ._.... _.,..11F,.28 miltmittal o1 E.24.'' submittal procedures Schedule of progress 6 20, 104, 11 1 Schedule of Shop r)niwinv and Sample Submillol ._,. _ _........ ......D, 2 "'-2 .24-b.2B Schedule of 4'rdues u _ X-2.9, 14.1 ±chedules-- -Adliereitcmw_ :Adjusting... _ . _ _ b, Chanar of C'onurict Tunes . Jb 4 Initildl' Acceptable-- -_.__._. -..2-8. 2-9 Pre.liminar,= _ 2.6 Scope ofCtuatuci -._. .._- 110-10.4 `J"kuw Bice f' aadivans _... _. .. _ _.... _...4,21. I hop Drawing; -- Ind ".(mt'6ec„Fneral.. ,... 6'_a-'> Change 17rder, &, _Apphclmon; for T iviii e tts, and 9.7 '9.,3 cicilmil"n of 3S )`':c1111 E212'sn`~ponsibilit}' for 10lecc ,i 7 6 'd-o 2S rrlaieci Work G 28 I"ib it lA pri[R`L UPL\.,.. i 6._4-6.Z'S Article or P:irasrt'aph 4um her submittal required .. ,..-__.--- ..-_........ 624-1 Submittal Procedures . ............ .. 6?5 use to approve nalxstiruflons,. _--.. tk7.d Shown or Indicated..._-.-....._....... __ .- 9-3. 1 Site Access ,.,., 7. 2, 13.2 Site Cleanhnes5 _...__ _... .. ,__. __017 Silt- Fisn-, to-- bk FNGFNE"l.R__. Q 2, 13 2 by others _ 13? "special causes of loss" policy torn insurance 5.6. definition of 1.3E Specifications-- deiinution of af'f-echniaal Societies, reference to >.3 1 ptcccdence ..........-...... ,3.3-3 Standnrds and Specifications OfTechnical Scxietien _ 3-3 Starting Construction, Before Starting the i\ of k --- _ _ _ _. 4 Sld1? (Ir Suspend Work-- IcyMs"lRr.'tCMR :i1PraLl" of inatrrtals and eih!]pmel1i_ -. 41, 7.2 ` Ilucanal I-ou in , "mieI} _- o. I Suik,cntra<:lot -- t oneelmllg _. _... S-5 I _ __...._C>. del irdtionoT _....,.... . ,...._ _._1_37 delays _.... _ .... ...._ 1.1. 3 v.aiverofiightn,'.._.. __.... ....._.. .1i Suba'oiuractors—in general Srrl ,onhaets- icquired pray n€(tits_ s €. G-1 I. 11 q 3 Subm inals-- -Applccatruna I'ni Plwment........ ....... . ]4.2 %lainten;mce and tiperallon \lanunls -_ _14.12 1'r�,gre3s hciicdulttt_ _ _. =Er.:9 "ample; _ __.. .... F =4 rz28 Schedule of 1 glue_", ' ti, 14. I Sehedcle at'Shop, Lie bcwi'> un({ .mnpl"s 'ahopIlr,nsinuz Suimtantial C ocnhlction... :ei4itic.uion ol. nit) 11.ls-la9 _ _ dcfinttkon")i ._..._ .. _.. _. ....1 StIhstitute Con'tn:ctloll .lielhods or Pro'e*durei d 7 2 .SLibmitutcs and tar Lqual" Items. _.C, 7 i (sNfk A,i( )R'!, IslunsN_ _ _.. _ o 7.1.3 F\GlNl R!. livaluzuon _.... ._....�(-711 e,7', (-r-Lytml" S LI1v'til=.at t <nsie tWO011 Aiedtods IN ! h IA"A % HAt 0N1)1IJW iFAa-A [I a,�u LIN7Piht k*li 'lid,lNSNK 7n1C':4R-fY.11t'V5'h 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. 12/03 Section 00100 Page 1 Artiolc or Paragraph .lulu NI or Pro"clurn,,._.... ...-.__..... ............._�7,2 $nl}$tittne 1ten75 ei 7.1 2 Subsurface and phystcalConditions- Drawings of. in or rehitng L1 ....... _... ,�.2. 1- S C CL;F'sCZ`s kLcvicw d Z 4 general.. 4 , lamtted Relimtte hq CO''TRAt "Tt)R Authorized 4 2.7 Notwe of Differ Ing Subsur face or Pit}'steal Condaions._ _ 113 r'hi`srcal Conditions _.. _. ...__..All 2 Iloslable Contract iklcuments Change_ _ _....4.2_5 Po�mhle Price nnel'rirues AJ[ustnlents 42.6 Reports atld t %rawings .. 4 2 1 Sulzsuriace and 4.2. Stzhsttrflce (onditi(ms ai 11W, Siec_. _. __.(7.2-1 1 f echnical I )nta 2.2 Supervision-- t'0MRAC TOR'•rre;ponublliri'_ _ _ _ 6.1 ( )A NER shall not sullel c Ise „ _ _.... ., ....., _......... 8.9 r NGPIN'FERshall not aupenisG._.. 42, 0 132 Sttprrintendene 6.7 `lulaerinten&nt, r U <TRAC7OV' resident 02 Awplemcntal "As I ... . 11..4.5 _. 'iuppleneentary ('ondrtn:nts- alelmFlion of ,. , ..., .,.. 1. 39 prtneillti re# l.nuts to j 10. 1-1S, 2 _', 2.7, 5.11,G$,613,74.31Lat it) Supplentcnung("Qan,tCtI)ncwneats__. S"M ml-- definirion of ........... ........_ C.40 principal rel Ien.es ip)' 3. 7. (s e.&G-11-+i_'io. Ma of fa¢ht..._ I I 5ureh"- corsr_nt 14) Final payment .... 14_1 2 14 1-1 F kAUNFE:R h is no riot, to " 9 11 ".otrGca(lon of _ _ .. �. to I 10 5 15 2 'nud Beaton of _ _. 5 IA 3 warna1 Pf�7bh�4dlH'n.S. .. _ (134 15.1 5uspen•.icn of it,'rk and "[-ernlnniron- C(ATR ( 1t 1R \1av "alor lvorh m Tennmatt.... 15 (Al NI T AIsr Suspend tV'ork It i >4� AT Atat 1 eu,rrnat: _ , _. _ I52-15.4 1_riy :--I''avinenl bl eta?i 1 R V,1'Ul2 . _ i; IS I cchnual � ktta-- I In;n dMain Ix t r) .I1t1('R)k' 4 }`o.WN n ke and Tnrc� Atipvlro'n' _.. _ _. 425 RCPOIta, Ofl101'el n SWl Snrl'a CC and NSr�sn',af r ondinons sn 4.2.3 Pernporary construction facilities, 4 1 A'ti.cic or l'aragraph '>umlx:r Ternlnation- b CONTRACTOR --.. 15 5 ........... c)1Ii'v(i1�t}:1s.1i'5 toil l)1oF711ent .._... ,_\,:? Suspension of Urork-in geninal 15 Tenns and idjead"I _ _ 14 rests and Ili."'peetu7na-- Acecss to the Work, by Others 1,12 CON FkA("rON's i esponsrbilitte4 ...... .., i ? tog of 13.4 covering Work prior to . _ _ _ _ 13 6-11 7 Laws and Ftagulpftc ris (vr)_.. _. _.. _ 13.5 Ncarccof'Defccrtk_ _ _13.1 (atl;NFR May Stop kkork. _. _.._ 13.io tl1N7,.'F.R's independent testing, ....,.. 13.4 specnll' required to urnelyncaicerNuired lm.overing; thcWorh- it request _.._.._ ...__. 13g_13.9 rIrnes-- Adjusling, ...... _. _._...... .. „(i,6 f]hmlge of Contract _ _ 12 Cornpulalion of _ ._... _ _ _€7,2 Contract "l imes--Mmition of _.... i, 1' day ...... _... _. I1:' Milestones._. iZegvaiements-- appeals _ lo. In Chu ifications, Claims and dtsl utes Cornnil'nce-lnent of Conn'(9Ct I Imes__. <.3 NcCongruction Conference ., _.2 Starting the ti'ork..__. - 2.3 1 alr. 1'V"arranty of .... ... _. 14.3 1 noor'cring tlork 1 175-13.0 ( ndere;roundl aellitiees Phystcal C ondl on- demlo on of....... ..._ ... 1 41 Not �Alo \ n or lndloiled, _. 4 3.1 MAUU01 of 4 :- o %I1 shomm or InJlcatsd 411 Int Pr iec %voil, ,hauls ,.. ........ 11.9 3 dell awn of _ _... ...._ i 4_ gcnear,7111 S, 141, 14.5 t na pnees-- 3_NIItrA1 L3-i I.atiU nlirntion Iot 's Io 'l'ill 1.I C'R`L1al t tv .... _ ..l h.M n )1114 1 ul a mnas it 1t. 7 4 7. 3, 13 t tih-;ltwrl Tartlet _.. I A G 11 6 aI _ A 14.iti t !uc 41he NorF;...... .._. .. .I i c niece, SChedtllc .l(`,.. _�--'.:. 2 8-:.S>. 111 F'X LA t.r dR1L0 "1 HNE eNS (1 Yw'1D]I1"; i it 4YI 01 6[C%,L].I t3M(rAf :4MtiSclll-%27) ariations in Alctrk-Mmor Authorized 6, 35. 6. 27, 95 Article or Nragiaph Nurnivir Visits to Site —by F.NTGTNErIZ �)' Waiver of Claims- on hJul 1114rilent, 14.14 Waiver of Rights b%l insured parties 5 11, o, i I Warranty, and Guarantee, General -by Warranty of Title. COIJRACTOR's, Access to 02 byothers ........ .... .. .. ............ ... . .. ... ... ... ... - 7 Chances in (lie Continua, e.Continuingthe. 'oN,TR.ACTf-)R Mav Slop Work or Terminate 153 Coordination of 7A Cost of the,.... .. . .... .. . .... ..... . . ........ 4-11 i dermition of 1 43 neglected bv CONTRACTOR 13 14 other Wori, 7 QW-NE'R -May Stop Nkork 13 ti1 \Ilak'Swporid Work ,13 111, 13.1 Related, Work, at Site 7.1.7..3 Starting the, r 4 Stopping by CONTRACP)k 15 > Stopping bY (Ak7,:F"R, 1-15 4 kariation and deviation authorued, minot 3 6 ol k ("hange lrtctivc- clamis pursuant to ..... .111" definition of 1.44 principal references it) -11 j tVrivteri Artivndialent- detinaron 0 1 45 lit mulpal rct'crerwe, w ... i 1(1, .3 5lfo5li� o'� 2, (" P" 10 1, 11) 4, I'- L 1; I'- 1 14 7' Written Clarifications and inter pret;tuvils 3,0,3, 9 4, () 11 Written N;ouce Rcquirtd- bN CONTRACR)R 7 1 9 W-0 I I 12 1 liv AVCvk Y 10-19 11, 10 4, 11 13 W I Jklk'OLNERAI, ( ONDI MOO I §10-8 09'10 LOH I r ;N) t I his pa�e left blAnk intclitiomilly"l EX I.K. i it MJ'Al,COMA L yUhS I IW-Ki I'", HA t I(, Ni m f ITY k i EAIT %1i:D1FI('9 ff-fNl, iRVk 1) )91 GENERAL CONDITIONS ARTIC11 ' I--OFF'INMONS b4Taerever used in thew tiencril Clornttticros or in the other ("omract Documents the rollowity terms have the rne-uu%> widwated which ate apph,zable to bc.2h the singular and plural thereof I. i .4ddiw b-Skritten or graphic imimmerits issued pricer to the opening (if Dids which clarih, ccaroo or eham*e the flieidrag; Regairetnerns or the C(antrnot 00cuments- 1 2 4givement-•The written contrast hetween OWNER ,aid 0 )N'[ RAC1OR covering the Work to Lv, I4ti-fcxnted, ether 'Contact Doc mwrins are attached to the %greeniatt and made a part thereof an provided therein. I -;, Bppiwaar)n err Payment —The, form accepted by P .'rIN ER which is to Iv iised by CON 'NA( 1OR in requesting progrom or final payments and which is to be, acaanpanied by such supjvrlirig documentation as is required by the Contract I Wuments 1 a AI,bestn+--Anv material that contains morn than otur petcent ashestos and is triable or is releasing ashc�rx Pilhers into the air alxwe, current action levels established 1w the ),''rated States Occupational Safety and lieaith -ldInInjArahon. 15 Esker -Die offer are pioposal of the hlddtr suharated on the presciibect form Rettimg forth the price', the Work — it) br. parfrimred_ I;; J;Uhng Docsrntanis-The advertisement or ran narton w Riff instruetions to biddors the Rid forts, aria the prorow f Contras Occmnents (irtetuding ilt ldderx.h v wed pr for to receipt 1.7. 13Fd;ilrrg f2ar7�rzremerxx-=L1ia aderiolcinent or an Ination to Bid- mstrucuuns to bidders. laid the Bid IN In 14. Forcti Per'timnancr and Payment tvraN ,ind other riL'Irnin2nt5 of wc. may. I., thatilc,r Drain --A dot'ument reaitnntemkd by "\i C Ffiff- ;which is si_nntd to i )'ti1it3C'I'f%t2 and t)ti. eNhk and wthrn,aea an additii;n deletion of n_vc;ion in ihr hark et an adjustment in ihc C'imlrat9, Price tx the ('e,nuact l imcs, issued on or after the !zl'fcctive Date of the Agreement. t I t:',wo-acre /i-ocumcniv—the \,greetnent. ?,ddend:t iiehich pi i(ain to data Cllnriad I)oouudnts). t VX I M" UI ORa Ilia (ancfudinc JCk,umentation i cnmpanimo the Laid and any past Rid dex�umentatian submitted prwi to the Notice ol'Aivarcl,l -when aaached as an oxhihit ri tier Anrcemen€ the. '%,,m e tar 1Wcsa'c'+i, the: 1!londs, the c ilencral {',.ralitiom> . file Suppletnauary i'andltions, the Specitk aaeau t:ncl the I)MIVII) , t1s the I,V ,I 1%Aj (', %DI110%s 7'>is g(f l°1iF001¢ut ii ,1 I Y 4P F, rk I +,� a.i.Iiva MI Y)n W 1. 11 !"S i R I A t;4Un0i %ume are more identified in the Agreemcrtt, together with all Ll-ritten A.mendmenta, Chamge Ckderk Work Change Iiirectivm. Field Orders and E: GYNEERs written natTpretations and clarifications issued pursuant to tara6raphs3-5, 3 (A and 3.6_3 on or after the Effective Date of the Agreement Shop Drawing submituils approved pursuant to paragraphs 626 and b.27 and the report). and drawnigs referred to in 1xira6raphs 4 2. 1 and C_2,2 are not('ontract Documents. I-11. Contract Pr ce—The. monk s payable by OWNER to C'ONTRA('TOR Iiu completion of the Work in accordance is-ith the Contract Documents as stated in the grecawra (subject to the provision or lira; raph 11 `?.1 in the case of Unit Price. Work), 1,12. Congest Pmk+=rile uumlxtrs of days or dic dates orator ire the Agreement (I) to achieve Substantial Completion, and ilu)io complete the Work so Hatt it is ready for final lraylnent as cn�rdenced b} I rvill\G€i Wr written recommendation of final pa}nncnt in accordance with paragralalt 14. B 1 13 t'(A'7M r"7fR-Fhe person. drat or corporiuori with whom <)I,V\Jii2 lass entered into die Agreement. 1-14 Meetive An achclive which when modifying, the word kt'ork ref¢pl to V'.'ork that Is unlWisl'aetora, faulty lot deficient in that it des not cont6mi to the Contract Dkvmaents, or dxa n(t meet the requirements of any ovr peeuon, referent i4imdard, test or approval referred to in the t'rntrad I7ocunicnts, or has been dvnaged prior to 17NI(IT ETT"R of finch lmnrnern itutdeti re_sponsihtlitu for the prI%xtttoil thereof has hoes assumed be OtC IFN at Subsmnual Completion in accordance vvith pal l6raph 14.5 of I A i i I IS %cram mil - The dh'atving-i which show the scope_ extent aral characiet of the: Work to he furm4ied and Nrf rrmed by t't) I'R:1C`7't rR roil tilv,di hive b. n p ef,ared A approved by t?% Ivl kk and rue referred to in the C'oatra-t I➢ocultrenea_ Shgi tliaevinu,x are not Drawnrg.,ar yodefined 1 I6 E'lJi=cavc Pare qr thr 1gr'eeptrant—Thedot+_ tindieala9 in she -1,g¢.emient on wht.h it #ccxnes ettzcC:ve, but if nv such aria Is indi rated it means dx mine cn whi(rh the Act. etment is signed and delivered by the hiss of the. two parties to sign and d-bP r. 1.17. {'\(;i;v:`ffFft--Pile peran. firm or coilx r,tion roamed its such ur die .toreement 118 f.1 PQ---ET6 Naseltunl-•A Ixruin, firin or co;;noratatn having a conuact e ith E tiGl'vfhR to furnish !4cr1"Ide'r as L: Erl'IER's indeilctilent protisvional asnrca its orconI 41116n l with respcet to the Prl,ieer Imd who is idmntifie�l r%.,coca: zn dx :,up}ilcmenl.ay ( cxid:htan 1.19. I'Ad f1 de -=A einIIW;i eirdi'r issued by E,N6 sl'1:fi inloch cud€ev, minor changos in the Work in acczxJ:ina: with iyrh *eali}i .,, ' Ian u hWh di',s n0l inrolve a chm va in iho ( QTI react Pelee car the I'rntrtu :'i ones. 1 ^_U_ (ierwnul fiagnlreeuents--` 2Ch S of Division I of the. Slveific ttiona. I '_I Ha_ardnarr I uE w,—f he born flazatrdous Write shall have the meaning provided in Section 1004 of the Solid Waste l)vTosal Act (42 t SC Section 6903) as amended from time to time. t ., LawandRegrrlaGoras; Lcni� ot-Regulations-.A.ny and all applicable laws, rules, regulution& ordivances, coxhs and orders of any mxl all governmental bodies agencies, authorities and courts haviiVjurisctiction. i - b, /,e �rl llriirckrs=.� hapll 4 t thew holidays of s Rvej L} the 0tv of fort Col kins I '_3. Lfeus--Liens, ChLillWS. seclaity interests or crtcumlwances upon real propertY or personal propertq. 124 i>ilz,evoara--A principal event ific! in the Contract Do..emrcnt,i relating to an intermediate completion slate or time prior to Substantial Conipletim of all the Work. 1 =S. A'?N2ce of :•1 word--,>, written nonce by M'Nhk to the apiliuent succc.�Mfui bidderstadri;, that upon compliance by tile anlerent suecmful htdder with the conditions Precedent enumerated therein, within flic time spccifc,L k AVNER will sift anti deliver the Aeseement 1 'o Aoil e ro Proceed A avrmen notice green by oWaNERto ('t ,iIRAClt1R{with a dopy toF,:vCrINH140 doing the d.tte on which tlic Contract Tmus will cvnmcncc in rvn and on which CON 1 KACI OR shall stun to ped6im CtPNTRAC'MR'S obligations wxler the Contract I jocumenu,. 127 r7tf "1 X-=fhe public hay Of lauthority. corpconuinni i;socintion. Zinn or person wilb lkhorn CONTRACTOR ACTt 1R ha entered into the Ageeniont and feu Miom the lVotk is to b provided 1 28. Paival (; Iilrz„rlFort--1 se by OWN R or a sutxtanoally 4"mplucd par of file Work for dw pulpos„ ter which it e, iniendret (or a related purpoe>t) pooch to Subst3ntrli Completicm got ill the Work 1 oar. PC1 v t oJvchloinratcxl biphenyk I ah Pz91>kum._Ycll0Ietun, mcludmg crucle oil or any fraction the rentwhich 11 liquid ,a standard conditions of tempeluturc and prers!ulc i60 clevees Fahlenllea and 1471xnnul, her •'-4U-Are inch ahsnIUJX i such as OIL. petroleum. fuel oil, oil sludge. oit rekse, plsoline, kcr<reue and oil mi.,LW kt th other non-1 lazardous Ckastera and csudc oili 1 31. PhOlect—i lle tout constiuclion of which the `.Vork to be t*rtn idcd undar tie Contract I )ucunlents MW be the whole. ear a pim :is indr.ated aIwwhere in the �'oniraci I k=c2rmcnts I '1_a' Ita,fr�=aettca blare-r;d--acxmo.. ;peciai nudcar. or hvprodua f tateriol its defined by the Atomic krierav Act of F1 ) e;l:,.fiH_3t ', N1-All, Ns191 1'iv')t�kc4uva:k �e'.71 Ol 1'4d Ie.1.LINSMk'0ll le'MO SARIt 8'tnlm 19,4 (42 USC Secnon 2pl I el sj ) ;as amended From time, to time. 13_ h kegulnr Working Fiuur v ttcguL l working hours are defined , u 7 +Hunt k +5 r 1O3L finless ,oyh rygtse s crtieel inch f;ettertl l et„ttrreniemts; 1,33 12cri4kn1 Ptojccr Reptewniatnv -The autluxiized representative of ENCYI o &TR Ahomm to assianed to the site or any part thereof. 1,34. Samples-31h%sical ewmples of materials, equilmtem, or workmanship that are representative of sortie portion of the Wvik and which establish the standilyds by which such portion of the Won; will he judged 1.3S Shop Di-wiv;Ss--All drawings, diagrams,. illus[mtior- schedules and other data of information which art specifically preparul or assembled he or for CONN'R,V—FOR and subrmttel by ('ONiR.,W1OR to illustrate some portion of the kk ork. 136. S'pecyleanons-=1`hm� faorvons of the Contract Pact ttenta consisting oC vritten technical description of materials, equipment, construction syNtem standards and workmanship as applwd to the Work and cenain adlmnlatrative dlails applicable thereto. 1.37. Subamliuclo, -An individual, firm or corporation having 11 direct contract with COs, I R ACTOR or with any other Subcontmetor !err tho performance of n fan of the WWK at dv site 1.31,' Substavmul i'uuritlerirm-=l-he Woo. tot a 41vcifiet part thereo! } ilas pe�nessed to the point where, ill the opiinon Lit l,'4C;Ilf+.R as evideatcod by fiN(,;IV'Elll2s cle'1111 ve cenificUte of Substantial uomipIcilmL it Is sunicivildy complete, In a.cor&mce with the ConloWt Ek>ctum.•gtc, .,rr dutt the Work i or specified fool +an etc uullsed for the purposes Col which it is intended, or if no such oertilicatc is imurd when the ibe>,rk is complete and ready For On.d payment its 01JOi4Jed b, h\+del,€_-11`a ufitwm recommendation of firra.l payowrit in eccldttnw kith paiag,tapb 14.13 'fhe term sulxtanualfy complete" :md "suhstabrallq oompletcd" ws applied to Lill + r Iltlt of the 41'ork, refer to Aihstantial ('Limpletion thereof 139 s'upplcmoifw'v t'aiclffwo-- -'the Faux kit the Contract I Mcu3nene which imends or supplements these t.'it'llel of "A�Iditioms. 14€1. Snpplivi--A manutscduicr, Lrlxieator, tup}rlier, distributor. nlateriahnan cx vendor hanmc it (hood contract with (,C]N"TRACTOR. or kith anc Subcontractor to fumish ovierials or sli.il?meni to be mc.orporaled in the Work hl i +fNFk.lr Tt;R oi anv $ulcuntrictor. 1 41 l n<lergrami i /;zc alone -a- A11 pilxehnes. conduits, ducts, cables, wire% manhulrs. vaults, tanks, tunnels or other such fiwiliucs or auachalents and anv ovasemcnts conou inp such Lu=ihtics vdich lave oxen installed under round it, lunish any il rite following+ ;orvices or netted li� gases, 4eam, liquid petroteum products, telgthone or other communication;, cahle television. selvage and drainage rernoval, traffic or other control si-stems or watet 142 (-snit Mice IF'ark-\fork to be pals{ for on the basis ol'unit prices, 143, Flirter -The entire completed "Instruction or the various separately identifiable parts dtereof required to be furnishcd urtcler the Commel Nwuments. Work includes and is the result of perforating or furnishing labor and tarnishing and irteo arnlunz materials and equipment into Ate curistnt. uon, and pea forn ing or furnishing services and lumirhang documents, ail to required by the Contract t iocvmcnts. 144{ford: Chairge Oineelive--A written directive to CO`e'IR;IC"FOP, issued on -or after the Effective Date of the .Agreement and sugared h} <AA NHR and rcvommended by ENO I'?FFER, ordc-r4 an addition, deletion or rcyisim m the Work or resixxxlmg to differine or imtore.een rib"'ical c':ondanons under which the 44'ork iS to he Ivrtsxniftl as provtded in ixarngraph42 or 43 ctr to emcrgenzics wrier parwraph 6," 3. A 13,'ork Change i7n CA tine will not change the Comact Price or the I'muact Times, but is c idence that the parties e�xect that the change directed of do Qunten ed by a Work Change 1Arectwe will be irrccriFxxarcrd in a n'ul)Segttentlg issued C bongo Order iollor+wing netionalii+ns by Ate patties as to its efle�t. At any_ on the Contract Price rr Contract Times ns rwovided in jxaractraph file'_ 1 4� ff rilien Anwncbnenr--A written amendment of tha Contmet fmcumcnt:, signed be r>C1'NI;R. and c'tyMRAt7TOR on or atler the Cfferime I)'ate of the A-ptecm,m)l and numialR dialing with the nencngit erira (,r rk)mchnrcal miller than suictiy consunctionrelated .e,pccts (51 the C orllracl I utnent;. ART IChE:2"PRE:Ll1i1 U2l',NlArTF:T2.s Detwery of P3(mAN: '.1 tk`hen t'AFRACFOR delivers [lie executed .Ageeinents to s AVN is- t't i fFRAC"fOR shall A,%, delnei to o`9WNLR �Aiia Nnxls as t ONFRACTOR mo% i,e iegnired i r furniait in cor3ance with paragraph > I Copievo Tim-uniertls: OIk N -''R shall unlash to CON I R.AC I( )k up to ten . opret itmisw:. cthcrvci„e sps:cified in the Supplamentary ('ondilionsi oat [he (`oninrct I)lvimu.ms as are rriuxiably fir Nh execution of the Wo4k. Additional copies IV] l he hum=hag upst Icqu st, at the lost ofrcin"lu Sion ( onitnencenaent of Cirrrh-act 7"ime*: Notice to Proceert 1.3. The (.aatracl Penes still eomawme to rust on the thaveth sisal after the Ettective 1)at'e of th, A: reement, or_ et , i I1 � SF F ,ra 1 � Y �i,l i:S VI Va taFl i'_q'ri alb eHLl' 4 Z4rut1 if a Nerlea to l roe ed is gtivea. cn, the day mdwated n the Notice to Proceed. A Notice to Proced may be given sat any time within thirty days after the EtTective Date of the .Aifeement --4m, rtu ,went --will tha C-'<rwncv- Times eentrtttttrtce-td i�an-lHtrF-thsut-Fha h�iekh day-atier-3#s�.ley of Bid-cspensig or dx ttart eth day other -the 1-elective-Dote of the:tgreement; whicheverdatai e if cr< Marti" the Wonk: 2.A. CONTRACTOR siudl start to f rform the. Wkirk on the date when the Comma Times commenee to run, but not Work shall he done at the sue lrior to the date on which the t `onbaci Times commerce to ran. Before Starting COnstivetion: 2.5_ Delon: undertaking each part of the Work, CONTR.yCIOR stall carefully study arxh compare the Contract I atxunterim and check and verity pertinent figures ihovwn thereen and all applicably 68d measurements: C'OVIRACTOR shall promptly report in svrilitig to hNI'IfvkFA any conflict, eirlort ambiguity or dlseeepancv which CONJIRiC('OR may chun^cer and shall obtain a written interliretaticat of clarification from 'r.'XMYNEfER before prt"eding with imy Work affected thereby' however_ (TKIRA'fOR shrill nor Ins liable w OINNF"R or h''iGINEER fix fsallure to report a-ny acaatlic€, etrcar, anihipay or discrepancy in the Contract Docurnent-c, unless ('ONFRACIOR knees or ma.conally should have krioNm thereof, _'fie IPithm ten dtir after the Eifolice Date of the :Agrcement rimless otiinrn° , specjtisd ui the General Reclu temetits , CON''TRAf" OR sludi submit to i"ti;}INTER for review 2- the tunes {numbers of day, or datesi for skirting and cavnpleting die variells suittes oaf the work. InOudine, en} klilesiones slxeified rn the Contract Documonis, ? rt prelan na fa xlule c f Icop thawing are! Sample suhmivals Which rill list c.ech required siabmitral and the times for sithrmUms arviewing and pmecssing such subrinitai: �ri'.1 An no c,is< will o schedule tv aceep b1e whch a;llrnrow hs turn :I c31enilar says kT cacjt rev feu he Lngtn4er 2.6,3. A ptehnntrtn s to leer o{' w dots tar ;I!l Of the Work iehkh trill include quonhti,cs and prices of items aggrelptutg the Contract Price and it -ill subdivide the Work into componant l%ins in ssi Ricmit ciatail to serve as the bar; f,,r p ogre>s pavnwnts durmb conslmction. Sa,h prices mil Include an sipprolriate amount ofoI ¢.Bead and prfil appfical=lc to ouch item of Work. 2_J. Beforc , 14ork at the site is sumoj. CAI R;AC-TOR rsnd shall erah dolner to ilre 'Ahef Otl Ahl, rsath copies to ea; -;t lift. rut(-tnsurt*�1 iclenutled in tits ytrh>K+lententnty Clnditaons ceriticates of nutnatc farad other emlef- r of utsena oe whiih-��ithnr-al-tint -f±r-swy- mi�4N++�tk-,.iw�trael—ntrty rctaett+bly_ rvqucet rec4u,%Ied _ln c1t�_v06 which r'ONTRAi''TOR-attrit4t i re y t+ve[ e is required lot fnuehase and maintain in acccordancx with ftaragraphs iq, 5fi laid -5-7. Preconatriff Cvnprenee_' 18 Widlut twenty days at -ter the Contract 'limes start to nett, hat before any A'orlc at the site is startex1 a conference attended by t"Y N-l'RACTOR, LN(WN-FM and others as artn-oprime avill be held to establish a working indev urding among the parties as to the Work acid to tim,um, the schedules referred to in ptragmph 2.6= TIVOCedares far handhni Strop taravaMLIS and other submittals rX0CVZIHU tpphcsttiom for Payin nt find maintainhne, required records tnirkdt y.AeceptableSehedidev: 29 t`nles% otherwise provided to the Contract f )cwttments, Irettxe-sutfrni>'sion-ot t'llie fah t 1pltlicatien for Povment fi tore, gqy actirk_nt idly site v nu a conference attended by r'UNTke1C f t lk, h' t;I'CFk;R and others its aplxe>Ixiate tics rgtteil, i 4)14' 4'c, vtill be held to review far aceeptahthty to F N(; I SIihR is provided below the schedules, stibiri tted in accordanee with [vuagrq}}+2 ; land J)ivision I {jeneral Requaeutents t ON f'AC-1 OR sh:dl have an addiLanal tun da[a to make cotredions and adjustments and to C()Ttl fete and re-Athmit the schedules No progresspayment shall he made to f O1'€"k,ACT( )R until The uhednlc5 are ailimilt d to aril acceptable to FNGINdlR as proxld,%i below_ fhe proglec:+ uhcdule still be a ceptthle to EN61 vF:I:k le, pro ld,ov an orderly yx't rc5si«n of the VA)A'. to completicut within anp 'lVielfjcci M lesttmct, and thr Contract Tunes, but arch acceptance will neither itntxase on kNi. 114,R reslio.nsibih[Y for the wgUenCmg, scheduling or trogre43 of the Work norinterlerc tvith or relieve i t r`,'1'RN-, I'OR from VR tc"I Oict, hill %sponsibiliti thermfor. Ci Plil k.Af `Yr Ok's schedule of 5ifop I)fawilla and vrsrnplcItill be av"q'lahle to €.VANF61t is proetdinp a wcxkable arrangement for letfeteing and procmias the recluhrd sebiniusls ( t?'�'I'Ct.�.C"I i oR's ahc.zlnle of ealues sail he acti eptah(e tr> n,r T'`Ll k es To form mid ,uh,aanve ARTIC11 .1---CONI'ItV I' DO(711, AI FN'i'S: i\'rENT, M ENDI NU, IM SF - Intent: t i 'I'he Contract Jiocunwwt comprm- the entire agreement bc+hwen CAlt' LK and COX IR.b"IOR cvnceming the Mork. the ContTa,et l.iocumcrfu ;are compSememarv_ what is tilled for be, one c. errs hin.hnt us if coded dot by all The C`o>ninm llccunrents trill 4se ewatr,tecl in a.CinY-ilux "fill the I'm' off the phtre „# thz prozjcr t .. _ it is the intent of file C'ortnict OoLuments to FAOt'c't":HR.A y'o'E{at€, rRS1ilr%'rtgypt cGaavo t't r11) OF I'OkI COT IP"'N1(3)1I ICAI i, ePdS rRIe I--'.I�Lnr &i: enhe tl furtchcmally complete ['roject for IVA difereot? To be constructed in accordance with the Contract 17rncumants Sny Wort materials, or equi}nnent that may reas'nnably, be inferred t`rom the Contract Dm mnnts or Gum prcvsiGnt., eustom or track usage as being; required to produce the intended rmit will be furnished and performed whether or not specifically called for. Fthen words or phrases whlcdr have a weft-l4ncrwn technical or construction industry or trade meaning are used to dison e Work. materials or equipment, such words or ptim,As shall he. interpreted in afxxxdancti with that. rooming, Clarificraiom and interpretations of the Contract DocumeaNsshift he imed by I'trt;INEHsR as provided in Ixamgraph 9A 3.3. Reference to Skandarrty and S)nee(Jicatirms rf. Technical ,Societies; Rgporn'ng and Rexolving Discrepancies., ,; 1.1. Reference tr stanclards, speciticanots, manuals or codes of ant' technical r(oclay'. organisation or aWfcraucln or to the F.aws or Regulationi of any governmental authority, whether such reterenec fn giect ict or by nnpllomicarl, shall mesa the latest ntandaud :pe.iti.ation, manuml, code or caws or RLguhuioms in efreef at the time (it oliening of Bids foi- ran the [Sfteelive Date if lx• 1grenlent it there were no Rnlsi, except.:zs may th otherwise sliecificalh' stated kit the i'olluuct Dociallmis 33. If, during the aserforrnanec of the fork. CO `v I RAC I ON discovers any contlicL error, ambiguity° o€ dlscretmncy KUhin the i'omnad Uxuments or henveen the Contract [)ocwucnts and one provision of any such Law or Regulauom alyVhcat'k to ohm txrionnance of the work or of any such standard, .peerftcatialb mumral or 4ode or of any in1tl UGr101 of <me- Sula{alier refcmrd to in paragiaph 6.''. C'OA 112 1;;`Tt flf shall rgxnt it to 1 >` c rAhfil< in vt°Hung at o>nca ark], C XTR i TOR shaG not ptr,,ec-ci v<ittl the T'r arLr atk'+.'fed thrrebc! e�.pept ur an ellm4ent% as authori/ied I y parapaph r":'3i until an ssmandnttnt or sufploiwm to the C.envact D(tcunwnfs Nis bout Imuc d by one of Use methods indicated to 1'xilr.Igraplt3S of .4.ry, provided, however, flirt f'e Pi I R C I" )R , Kali not he liable to t )V` NER or F s ['sITR for 9iuiure It, report (my such cofliC, error, anibigtniti or (Ilseeplmck tmleso C' reftt.iC` UR knav or reaAmahhr sioukt torte kafou n thereof. I? h*.ceps u> cthemr�c <dzacd its the C'nnrr act [i,.xaancnts rs a; moo' he pf-mirled ht amendment or ".upplement Thereto isared by one of the mcili,xis iruhcatead in pinviraph 3 � ut ', 6, the povi,ii s of the Contract 1 t,muttcnts !}hall take prmlence in rvoliim, tin% eorflllcl' error. umlaigtnty Of dtscrepancs Ixtxeen the precision or life c:'ontract DO1 LOlICnlu altd. .i_i 1 the provisions oC any such standard. specrncatir�n. 111;m1ml. code c,I in,,mOiOn (te*Ffclhcr "F rxH slxsrlrcutFy inioloomled by act role,: in the opti'nf !V IlillfnLi); or 13 3 2 the provisions of am sudi Laws or Regutatio e apptiarblc to the performance of the Work furless such an imerpretatio n of the provisions of the Contract Documents would result ai violation of suck Law, or iu:gulatign}. No provision of anv such si'and=f sj%.ification, manual_ ode or instruction shall be effective to change the duties and responsibilities of t)lY'v`F„R, t't)1i'lis\C'PC)I2 .or r stit�l�lyd{, or non' of their :whcuntiactcas, consultants, auents or emnlovees from those, set forth in if.-Coninict lk>cuntents nor shall it he effective to assign to oIVNI:R,. i tiGI'gsF:R en :env ofF'vGINF'.ISi'sCcm uliuus agentscx enipk ve,es ant dum sir authority to supervise or cdrreet the fuonahine of peironnance of the Work at :to Jute or Authority to undertake responsibility inconsisunt with die laoroisjons of f;antgraph 9 1.3 or anV� other provision of [he Contract Oocumfmts. 34. Whenevo in 1h( Contrtict D xsnewt the (errtt3 "us ordered" "is dirceted" 'as rexfuird", "as allowod'. "as approcad" or terms or like effect or import are "a, of the adfecovc rc:isu)iiable" "swfrable". acceptahtc" "proper' l s.nief:ictory" or ndjex.nVes of like enact or antfx)n tine usul to de,crthe a requirement, thr(ction, review of €uetarnent a p ",tit eITIR as to the \task, it is intended that ,twh lecluiirntent_ Oiraetton, review of Judgment will kv u,lely to a°ahraty in eenxral. the .xrnpleted kikork tot c.nmhltancekiththe refiiarnenksofandinformationinthe c oniraot Oocurnerits aal conlonuan e weds, the design concept of the c.anyleted Project as a functioning whole as sMnan as uxhcated m the Contract D xitmcols (urilesa t}ure la a specific. SUater ent mdicming otherwise}. 'fhe u,;v of ,cat ducei terns of aJjertcv€t shall not be effective to aft,s gn to E,Ni;1 %,U R any duty or authority to supervise or ducct the furnishing or peiformance of the AXork or ani duty or anl-foniy to undertake resp>rn ihrltty coraritry to die pr %ifo oe: Of paragraph l) 13 or any other proN ision eof the r vntr,wl I. t(,cwments. f ntenr6ng and Supplementing Contract Documents the iAntraet Pocumstts may be amended to rovie'.cf for atfdown"- delellons and revwions in thin t% )TL or to mmlitc the temtts and conditions thereof" in one .r m etc cd tits follcu'nn g ways: ...1. a larnial Written;SmendmenE. 3 a :ILtntc rider (pursuant to fxragnaph If'.4)� or r J 'Ot 14 NI It l'O "I.A H OM 1910-Y ttvifQ UtrRL) r i't1} 5A tOit1 n'e'h_th rn'1C7 iIi>Ait(EN 1QDUD) 3 5.3 a Wok Change Directive (pursuant to paragraph 1 a.1) 3 b In addition, the requirements of the Contract Doeumentc may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following v ays: 3.6.1 AField Chder(pursuanttop;tragcaph9?). 3 5.2 D,'NNGf+,`tirR's approval of it Shop i Rawin} or Sample (pursuant to paragraphs 5 25 and 5.27), or 3.6-4 H-N6V,EEl2's written interpretation or clarifteeluxii (pur;uant to fxsagrarh 4 4) Rease ofAwonaenft: 3 T CONNRACTO , artil any Subcontractor or Supplier or other person or orgamaation pxf`arminix or furnishing :cry of the Work wider a ikeci or isxlueci contract with O%%NHR (i) shall not have. or acquire any title to of ovwnelsh) rights in ally at theDiawmgs, Specific: or colter dixlrments (or copses of any thurcof t prepared by or hearing the seal of EN IIN bd=:R or P;hsGI FFR's CMISUltauit. and {) ahall riot rcm;e ally of such I)ra%mt Specifications, other documents or sa)pies on extensions or the projector any other project without written consent of (AVNER and and specific wilucn verification or adaptfurun by F-N-C; l AFTR. SI=RSt RFCE XND PlINSI(;AL CONINTIONS; REF ER F MI! POi NTS :93vrrtahttirt� of l.antLc: 4.1 t >t4.ltlR shall lion sh, as indicated m the Contract Documenas the lands upon which the \fork is to lv tvyiorncd rs JitSK>t-,try and ea-onwrils tie acce ; theretoand such other lantis which are designated fix the W,e of C )'. Tf`-1t rt rR Upon ieasortabir written ivgie t, k° tr MFA shall -knish t '1 R=1-F1FF r th e - eonrect statement -cot rck�otd legattitle ntxl IrkII descrifhicm orthe lamts upon which the ki orlk ns to be pertonnect and Cvl4'NHR's interest therein as necexsarr for zpving nonce of -or filing; nnechiuu ma's hen agkeist stwh lands -ill Hcordfm.e-aaith appli,,ble Lilwq fuid keltidntiexn OWNER shall telentlt)- ally encwnbr.utcci l reolrictwns not of ; envral apphc:itior but yxcifwaliv related to uw of Lin to so fW AS9red with a bieh r'( )5vT RAC T OR ss ill irate to comph in peel rming the tkorki,;wmenlr; lot Pemtanenl strtactures cr permanent ch ngc s in r:;istmg ihcifntee noel.! hr oh4t inrf and Irdd fair by Oit "e�l -R., unless oticmise I'Tolided in the Contract fsuctn is. If CW, 1 R\r:'i'UR and l AV'1t:R. ate unable to agrc�, oji cntitlrrnent to or the amount tx tsaenn cf am aJ)w4;ncnts in the Contract Price or the C'on€Tact Fimc.> as ai result wf Anv delav in OiA'.1;ti's tunnishim those hinds, rightsw,t- was OF cnhmcnl% t'f IN I R:),( 16k mat awake a claim theretur 2s prewidect in \rtlelas It .tnd I'. (,C NFFRACroiR shall provide lie all additional lauds,rid access the'rcto that may herequired for tampouary comtruction facilities or storage of materials and equipment. 4Y. Subsurface antiPh.v4ealf;ondtiuus: 4.2.I- Repotis and Ormting : Reference is made to the Suppletnentarp Conditions for identification of, 42.1_1_ MthsurJace Oak&i ris 'rhow rcpori. of explorations and teats of subs( dace criditions at or connguetus to the site that have been unhred by I-',:Gl]\T,1R in preparing the (onliact Dovuments; and 2.1._' }shy-siwal C'tmdiiians: Those dniwings of physical conditions in or relating to existing. surface o i subsurface 'kruUturo at or contiguous to the site (except t'rnferground Facilities) that have been utilized by El tXNEEiR in preparing the Contract Documents. 412 Olviled Re(an,,v hr t'Oa\.'YR.ICTOR _ltatlwrised; 7tt,5trical l)a1a: CO\l kACTOR may relyupon the genera( aecuracv of the "technical data" contained in such rely ris arxt drawing -I, but such reports and drawirt.ts are, not Contract 0owments. Such "technical data" is identifted in the=Supptetnentary Conditions Except fO(s€c l lel lance on such "tu.hn€cal data'. CONTRA<v'I OR may not rely upon or make any e1nim a instal\'SSiR, 4 �.cB° 3lps or any of f "'tJtN+ki s Connsulmras with respectic, 421 the complctencss of such reports .end c]inwings for CONTRACT( IRs pu1110sO. u'l ducting, but ncu limited to, oat} aspects of the meatus methods, tooluliques, scqucnocs and prtx:edttrrs of consttttction io he cmploi°cd by CON [ RA(1(* and satety p `ecautusras ;end pagers maiden thereto, of 4.2.2.^_, !other data, inwrpretatlons, opinloll' and mh>rmulton contained an'.uch reports ,il showo or indicated in such cL s,ya1g;, or 41_-' 3. ;any 1 'C 1�:1 R V "I'l iR tntcrprekilWn of or cnnduaion drawn font eat "tun-hnird d"llo" v am such data, interprrCaGc'au, opinions err IntOIDl'attoft 4 _' 3 Aomv of 171%Ixrrwg .yubtrurae¢ w- 1 Fivcma? t'ara8tiws. if O ix]'K�\c"VOK belic+e-, that an}• u ii,.urface or physical condition at <re niiacom to Pit. rite that is lmcocered or revealed either 4._3.1, is ouch a mrturc as to Ovlbh'=h that ern° "u-c$hmcal dsata" on ;ehicih (`C i1`I-RV,ICik is eniitled to rcly as provided lit pilralgr'up} ,4 ' i and 4.2,2 vs niatcriaNy imieLm'me.. or 4?.,.2. is of surd it nacre sus it) require a ahang'c in the Contract I )ocxulscnlc_or a 2 A ; dilfers maierialk trvi the sh ,con or t;rki�a,rs.t<'[tat:v'�tairo>::out s.tvar,t,ti€soli ira11'i t�l i,; nt'I i:ti,l.l A5 ilUOit IF tIIG.S iRtt r'ov0! indicated in the Contract Documents, or 4.23.4, is of an unusual nature. ;and differs ntateriath, €roan conditions ordinarily encountered and generally recognized as inherent at word of the character provided l'or in the Contract Documents, their Ct \'lino{"`fCiR shalt promptly immediately alter beuomaig aware thescof wed disturbing conditions; aftecteLl thereby or performing any Work in connection therewith (except in an emergency as permitted by paragrarh6.23), notify ( WNEIR and ENGINEER m writing atxtut such condition. COM RAC" OR shall not further disturb such conditions or Nrfnrnt any Work in connection therewith (except as aforesaid) until receipt of ivt'itten order to do SO. 4,14 I::RUTAT.'F.R's Rdniea: HNGINIS R will pramptiy review tExpertinent conditions, determine the necessity of C?lkNER's obtaining, additional exploration or tests with respect thereto and advise OWNER in writing (wall a ccspti to C()MkA(7'l0R;i of ISsG4a`V' k's findings card conclusions - 4?5 Possiblz C"o"rtiacr DiA,unenti Chan ;re: it IN JMk J-,R concludes that a change in the Contract T: octmreats k required as a resideot'a condition that inects une or more of the cawgoties in paragraph 4 2 3, it L3rooik ClianLw Itlacxdive or yi Change Order rill the issued as provided in Article to to re-elect and document the consecluenccs of such change. 4.16 1'acnlzi,? Prinz and linies-1all'usanctnts: :yn equitable adju.4ancnt in the Contract Price or in t$c r'oaltr tcl T9nlci;_ or lxgh' will be al lowed to the extent that the cststent'! of such untvhertd or revealed conduam causes an incretise or decrease in CO TRACTOR's cost of, da time required loi peifornnance of the WcirL subject - how cl rt ter the roll,ruyna- 4 i o,I such condition must nut ,env one or MCre it the cakegurtes described w twumwaphs413.1through 423,4 indusivc. 4 ! {i 2. a shade in the Coontrael Documents piwu,inr to paraaiaph 4.1.5 will not Is: en aulonmtic awhorvatfon of nor a condition l rccedent to :n6ttQracnt to any, such adiu':tmcm, 4 = t 3 with respeo to 4\ork that is lxaid for cn tt '-ml bade Basis. sun}- adjustment in C'011UL I tiiC. t4ill Ixxwlljrct to the i1rMisionx of l>aragra ph, ci. (t1 a nd ! 1 S+,and 4: h,A- t'ONTl ACI OR shall not be cnlitlad to am, :idlaa"tlnerit in the ('owrlwl 4TWe or i`imcw E. 4It, 4_I- e'UV'[hA:;lUld know of thc existence of such conditions at tile Wil; t'd„'"I R AC i 0 k invade � Iulnl w.unm iunent to n1\NER m rC,pe'i cf Contract 14ice and Contract I"roes by the rtrbimission of a hid OF Wanting bcxand under an negotiated contract, or 4' 6.4:2, the existence.. of ;uch corahtion caulk reasonably have tIcen discovered or revealed as a result of any examirmCics4 investigation, exploration. test car study of if* site and coraillo ras areas required by the Gadding Rc luircnneats w (:onteavt DOCUuents to 1•a conductvl by or for CONTRA(-R)k prior to Ct)NIkACTOR`s making such fund commitment, or 4 2 6A i CONTRAC, R failed to jive the written notice within the time and .is re�lun<xl by paiaguiph 4.23. If t)WNEk and CONTRACTOR are urutble to ;wl-ee on rnutlemeat to or as to the antnunt or IcrVth of any such ccluitable. adjustment in the Contract Price or Contact fine-%, It claim may be made therefor as provided in \cricks i I and 12 However, talk°Wilt, F? OVNEASk and €,1c4 \EFRv Consultants shall not lie lanble to C)\ IRACOR for any claims, casts, losses or clmnages sustained by co? ,'rILAC TOR on or in connection e, aii an) other pro ect or anticipated prnject. 4.1 115) lcal Conditioir dnrdergrouud 1`-acilities: d.1 1 Shmtm or bmebrrxzed: 'Pie ini`rrrmatinn rind data shmvil or fncharted in the Contract Documents with respect to 4:xpauv, i;ndct;o;nwrxl F'ac.ifit ics ui it ,oiitiSrnrvs re the site Is bawd en infanlaMtOn and data lurmshcd to OWF:R or HNG1NF:TiR by rite ov neis 4 sueh 1_tnctctgroatmd Frteilities of tw others. Mile,% it i.e. orheiwine expressly provided m the S11pplonvrafart ConJitiow; " I I oAk-,TTR nodVV'(IltiPER ,,halt not ie restxuni,it)le for the accuracy or vumpie encl. Mang such info motion ordaia; and 4_3 l 2 I'IW eevsi of all of die fddawing will he included in the Contact Price and Ct f,QR kr'1 ii1Z shall have fall o-yIonsthility for ;il rek civm2:mJ checlwng a l i su ch infiall ation and deter (In i lei sf cop, ail lnnderaroand Facilities shown or indicated in the Contract Document-giiil coordination of rite perk with Elie owtters zit such Iinlolgrouud f uvlhtic during convtrwaion. and (i0ific safer .Ind fucdc'`lion olall such t ndergrourx FaelhtiU3 as prvvidod in par^graph ^_-t3 and rip,nrinat. ana damage theIeto IesuItiag from the YVot 4. i.?. Aft 5boerrr or h0waled. If ,m I nd:reround kwilav is uncovered or revealed at or i-on,ouous to tht site which :vas not s}inwn or Inc€i J10J in the Cumilaet Document" r+)NTkA(:IC3R rh<tlf prorapi % immccliatok after bicomine aicaro €h000f anal Ivzrorr further dlsturbhn, uondrGons affected thereby or lxrfonna ;illy thank inecmne lion Jicrcxtth tescehf III tin :mergenuv its required try idennlit the owner dt much t nderr+rinind Fitt IM and rxifiict=,•al+vl ,^sorrt,;"i�nottvao6:�G.tn= R01}yI: 11 RI C'IHV. S 41t)trtf WA III iViiRt l"±;?a,010 glv e written notice to that owner and to () N,UR and J'u;1NF', sR F\'GTTFR will promptly re-vicw the Underground Facility and determine the extent. if any, to which it chat/ ge is required in the Contract Documents to re11cc2 and doctunent the co nucjuerxxs of the existence at the Underground Facility It L'j:OENLER concludes that a change in the Contract Document%is xegtured, a Work Olange Directive or a Change Oiler will be issued as provided in Article 10 to reffeut and ckieumc-ta such ecenxtluc+x:cs, Baring such time.., CO' IRVTOR shall b+u responsible for die safety aril protection of such Ctndergi-mad 1 acduv as provided in gsamgriph 6 20. r i N i`RACTOR ehtrll _matt- be allowed an increase fit the Contract Price or an extecnston of the Contract I imes, or both, to the extent that thev are attributable to die existertce of any CFrxdereround Facility Out wail not shown or indicated in the Contract DocurrI and that CONTRA(' OR did not lotow of and could not reason hly have been exTiccred in lx aware or or to have anticipated, ICt;WN Rarxlr f).NTRACTOR fire unable to agree on entitlement to or the amount or letvgth of ally such adjustment if)C'cmirtwt Nice. cx Ccwttraet 'fames r()'z I R W I'OR may make a drian therefor a,, provided in Article: 11 and 12 Flowerer, Ott;'ti1-R FNii1NEER and F't(,FNEE.R's Consultants shall not be habfe to CO\ l RACI OR for any claims casts, lasses or damages Incurred or sustamed by' CONTRAt'TOR on or it conneeitoi with any other project or antrcipatral proied. R7 titrence 11aiuhr 4.4 1 ttVMR shall provide enguteertrig surveys to eetahfif;h referendc points Ior construction which in ;4�F,hai's tudgnternt ate nctik.�ry te, enable 'ONIRAC1'0+; to proceed with lite XVork r'p?y I RAt"fOR :ball lie iesp.irable for kwing_ out the 'ttiuik, shall protect and pre`ervc the c ;aahhsheet reference lx)vll; .end shalt make no Oiungas or r0ocauons wdluam file prior written approval of r)WNER. t'rl't IIOCTOR shall report to if- it fEER vvhrnever any reference paint If, Rat ter deflroged or requires relocation because at nc'c°T;suv cl3ntilttw in rlrvrdes or la;atione, and shall be resl'x< lstble for file awtaate rel.lacelacnt or' relocmon of such rctuenec minus by pnofessamalk, qualified FxTv)fMel. 4.5. : txbestra.c, P(-''Hs. Petroleum. Hautrdoats 11°rite ur Radi mtcfit e Maler#ak -', � 1 Oxl ','\LR :hail be resp.11f it to for ant V,hotos. l'U' P3 prtrolcwm llarrrdous U':t w or kadnrectivc Mir ei ial unmi eyed or revealed at the site tchich was not .shown or Indicated to I)rax%m-,,; or .7xciticallcros or idennfiel in the Coraract I Ica:unuants to be within file g.ope of the 4t`odc told Much tear preficxrt a sulastantial dingci to persons or jwilvrty espifxd chorea.In contrcction norththe Work u the sits trR I i"< ,hall not ix resperoslhie for am such Itrawriale brought to Ilie site In t'rivtRX'.l(W, 'it lxunriaeuors. Suppliers rrc anyevnc else lie whore RXJ i )kr, r espoll sible. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract. or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that 12/03 Section 00100 Page 2 4 ,, z_ FLiait-vs>+wti£>R-ar�ritkki+tt++h-#a+�++rxlettss�;r>r+t#it+cx+-rangy# it any-are'Ea r+i7ected 41+nreby +.exce#ai is all emergency as,- re"red-- 4S - FerR H 3 enA_.tw3 nyl €}� ta.1k'1�7'sIb-a+nd---kiia �Sl� r#�t'Ti#t--(cuat}-eanl=.inri such -notice in writing) 6)WNFidt alms( prrvnpt#y consult wida-lsNf,LikEF,k r*omerrang, the necessity Icr t>tka�7RR lu rvKiirt a yi+u#rfieE# e�pari...ta awlwHie-+nielr #uibrr<kxrr �rnditic�i-rir-t+rlee-eere<wtive e�ien;,,i€ t+ny: r ONT&AC) (Ak shell not be rcquned tore wtrte Work in r;Esrtnet lit+n with t t+ekt # err kti s t ndil ur-f x in any sash-r+&c4kkd-crew amok-after--4 LV':3F.Tt-iu+s-ei>fnir # any I aml permits relate-d-thereto Hn delivered to v"1 Rt d 4 <3K- wx# }v€il#enisee - fs} e sip i # that such condatiaiirand anva(Too Larea-ssorhashaen rendered- sate- kv the - resumption of _ Work, sir (u) s .tfy+riI, tiny -si,eL,xd-e+oaditiunis a u er-whic:hsweli. LAork-pray- lie --resumed snl'ely _µ OWQNJ�R- grid t`(k Chi 1E"I )R etuxwt agree as to entit#ernent ti}of the, -amount-tat=exlely -of an- Adju*' ++renk-+t' any in Fazntr+tz;t-4+ric-e.t3r.-C'e+rariayk-=F-sorrow:-as-ti-reswhWi�-such Work-skppage,is such s}x+eirrl conditions-under-which --kLirrk-lit agreed--liv t'L)N I-KAt-`i-(?#i.-rii-#ie.-resanied; either girl} may -make a e(film-therafror LA-prerivdexdIII Arnelas I I Hnd 1 I S:i--Ik alter-ree'e+pi ,sf utsb s weF ivittr+r tt k CON I'RAC OR-dtnr,. not agree to rewire- W) Work iartsed-tJrt zt-rznsrnrai3k-be3ie€-it- is, onsafe., ea -dews-Rot kfk r4i —to- Iesaaine-- aael+-Wcark ,..utic#er---wieh--;apaeail coridvr+rx;, then-l-)WNFR-may order --sau,}r}rinion of ]lie ---Work -that-is-in-eomseoti n. with --aueh-13 uyadxws .-autdnfan,+t is -Stich Hil"eextediftew it he Lkleted-frrstr+ the-,W-kwk It OVV?', k cvn-k-0A4 rFt.`=•F(>R.-eamiat agree 4as to ,xititlarnant tea ur-lha arnourtt rir extenbof an udjtwtmeat IFaen=;-fir+="tart ct-FY rx,r -`xnt a 6-#- tries fe,-rr-merit of delctit>z soh -portion eat -the work;-Awfl either patio may m Ike a churn tlieretex-if provided in -tulles 14 and-1-� '+ik4-m:tv=-hpwe-sueM-eft'<eted }'sir€<tik ul t}ic \;or1, [wr#irined be rrilN R's own lore of c urer< in -a, e ordAmk e with :Article-7, 4�,5-4 _. i-a,-the- loflai exltkia--pertrtltled-t>b'-h,aw sirl3 Regulations OkV\F.K a'hall t(x#annthr- and -hold halrr+less CON] RA,'TOk, aiat>vontraclors. officers duekvi"'I employees ageras, other wrisaltant; find subanimctc±s o1 each -and -Lary -fit them from and-I+Lmri;t kill claims, wisis,-li,Ries-Und diftkges arisu>_ out :,1 or le"trltkng._'fr'Cm such €ekirardj usu>ndhie+i ttroOkled that (fi a+ng- such cltaini, vsost:-1 v, or cfainnve r, attribalxt,le i" bodriy ai#]try, vtikrx-, or-t,ran#irr>Proc>x-th-.trtietisn of-tsarvibia-}ira'jV4ts (ethic -than the, --vvt,rk -il e1f), xaedtxline the 1riry rid use rew.ihing dus-elrom -and tw nothlrig in this %lb1ptaragraph 4 w l shins obli-gate k Ake kR to ndvnn;ls .env-fxrvn or -emits' from and iveaia'A' t#ie vma «tueii aw of -(hat }sstkxie ,x is atity4 O+ttrneallgels:v .4 i *5 1 he l,Fo"sikin, of-tw awaphs.4-aa,# 4 _ate ani -klaen W is-sJq,It +., A�betr,,, 3'<`31w:-ta uv.leum- Pucar6ow, W,"Qi-aa ldcrelnaid-lye 1kilerial qm%+Fod or revesle,d at the site I;J, 1), , 1*,y R, A CvY,14711)SS11 9at^'+91`k til'o'l iw,i ll 'I I' Irf I �'c31AAV, NR+ltlt is Ari0A.S6il ,, I^,grim ARTICLE 4--F)OvfaS AND IrSURA YC6 Perforvwnee, Pgvnienr and Otlier Horeb. -1 t'ONKIR,aC` OR shall furnish Perlormame and Npit wt Bonds., eadi m an amount at leaq egwal to the Contract Price as security Far the liuthful Nrfamrance and pyrnerd of all CON I k V 71 OW5 obligations under the Contract Documents. Thew }fonds shall remain in etli'ut at least unfit aria Lear after the date when final payrnrnF becomes due, except as provided otherivise by La,iw or Rtgulatiom a by the t `orkix*n i)wmrients. MINI RACTOR slufill also Iumtsh such other fRonds as are required by the Supplementary Conditions ,All fonds sI Lall be inihe#arts prescribed by the Contract Douanents "cept as provided otherwise ht Laws or Regulations and shall be e xecolexl by such sureties as .are named in the current list (if "Comxaiirc Holding CertifscMes of Authority as :Acceptable Ssueue-, on Federal feral l,onvk: and as Acceptable Reinsuring Compimes' as published in Cucular5?(t (aniencled) t,� the Audit ytart Bureau of Government 1, financial opernuons I S Treasury Department.. All Soi<ts sfened br an agent inust be accompanied by a certified col v of such agent's autho l iq to act i2 if the surely tan zing Bond furnished by .'Coss !"RAC; I OR is cEcl ued a 1-Kird rupt or becotlwN Insolvent or its right to dvt bMILIO5i Is ternnmted in vty slate where any part of the Project is located or it ceases to meet the wquijeacnt-v of pampul h S 1, t"tJ TRACTOR shall within ten clays dwreatler suFrtttute anothCr Bond and surely, troth of y hialo mull he ,icccpt:rh#c t,, i i�'ti' r'at. 5.3. laeenaed Sureties and InAurem. ( 'uYifware-i of Insunaki 3.1- All P" vxk and .n..0 l,rni's r.vinaed by the Contract P vurncuts to he txlrc}iasc t alxl owuriamed ht O'NNER of f'ON)'lc-�i'l`CsR shall Ix cdbtainvxi Itom ><areti> iv In unni ice aonlltmnie, Huai are Jul} hcembd or tuldlOWed in 0W ILL'mi Leon in ViNch the Project is located to issue [toads or tt ulancc policies (or the limitn and unetrlgts so ns.Iuircd. Such sureiv ,met iluurancc sboll also ]liver such additional requirements and y diC='cauca]d osmay be l,rtridcdintll Supplemaman`'ond'aiona_ iR-AC•IOR shall clehver to th yt=pins ti" each iddincual in%kned idelrtr fed in the yn}ilfi#rm,-Stan Condwtsvn rl rtifizau,> vl' insurencc (and other evi&-pce eel' in-uw:mn c requested by OWNIAR or any ]other idditionah rrtsureJJ which r �s V'Ii.;iir:S t7R is requara4 to I"t]rch.r>,� ancY mnusrtut in aix�ordanve with p'lml aph s4 (.ittiLR droll cklit fir t,< 'r.` g R.AL'IOk, wiab coine., to-c9+ah addattonal-Limited tdenttlaed I dw %pp;;:Elw mare on kt am- a;evtif:ar. w of irasufanee farm-.4her e+svlen,c ef-inttital�a-+c>'zlue^sta,i i�_ (a sL I #: tL'tr3R or any either ed.hroraxl +" nrih why,h t4k NGl, Is iugtured tc+-ptx.hiasvc+ix! in:ieiti�}o-irs Lew tcLavtc� uh3k I'atnrgrephn' t Ind ' orrery C ONT&I CTOR'.c LiahitirY Insurance. ;-4 CiavTR4C"Ci)iY shall purchtnse and maintain such habilntN and other insurance as is apprqiatc for the Work wing performed and fltrnished and as will provide protection from claims set forth below which may, arise Out of or restdt from C{WS'RACIURs perfonnarwe avid fivniahing of the Wank and CONTRACTOR's other Obligations urKler tlw Contract bo umerts, whetnr it is to lie performed or furayshod by COVTRACTf R, any Subnntrador or Supplier, Or by anyone directly Or indirectly employed by any ofthem to perform ar famish any of the Work, or by anyone Cox who6e acts an%° of f%m matt be Gable' 5,A 1, clans under itoikers' unnpensatinit disubilat 1 refits and Other similar employce benefit acts S<1.2. claims for damages because of F,rntily injury, occurallonal sickness or diwase, or lath of ('(A FRAC I OR's empioyees; 5-4.3. Oaims for damages pause ol• htxIIIN Injury, sacknt'.ss Or diseaaasc, or death of any person other than c 3N,R�wfOR'acnployum, 5,4.4; clnnn, fear okam,a,es jnsarcbl 1w custumar lxrwtraaf injury-liability-ezwtrag>r-tvtm,lt-»fir-wtasurirrrd- as,+-liy-anti-lh'reEen-a,, fit-result-4-a}n ot aidireet Ip relaatid to idw eanplownent of :itch person hv a•c?ti'}rXA1,4- k,-or•+iceby�ani tags-.t Fon-tear•-iaaw 'xhet-a eisone 54.5 clams for dtrn•tLes , other than to tha `Aoat: melt, bocmwh of Injun- to car destruction t f iangibIc prcoyvttr Wheloict hx•atcel, alcluding loss o:- use re,A lnt)j,- tteref oaf, and S 4,6 d nlns fear damages Lc4zsux` of b"toile mlu;vcr ckath of anv person of ptolva damage ansmg out of aw otvnarship. mnumenance or use of anv inowi vehicle Clio polieles of mstmanec son requiicd by this paragraph 5 d to Ix: purchased,aral maaraamed ahald i-17. with rNjwGi to insurance required by paragraph...5.4.3 tlrouzh 4 t inctuait-: unxl Include a* additonal insureds (subjeo to any ctlSionlari ext-hision an i"pect of Ili feavi.IIirtl hutxditt), ( )Il 2Nt.n�("'V t:EIK:> C'unsulnants an,l an} other 7RCBo n� cr ewiii, e ICIrntitir'd in the 'm l?1?Iementwt Conditions, all oi; whom shah lie listed anaddttional tu,ur-ds. and inrludo etterar for the r,Impec:ns-e ofGeer, and emplcttes o>f all welt ad,i Boni Imalri-ds I ,, nn:lude the •,pcea$y cote a..ts and Ix tyraten for not Ira, Than the bruits of htbilat prorede.d lit the Supplementary Conditions or recFiitrd h5 Laws Or ILeeuhtavls is „rearm 4'1 n.•Inde ca'napleted t'lhern iOn:> irr;nrnnue: I Je t�e',3EI',•d P. ll t`. '+iDI ll ,A5 r 9 t 4 B t t'+va f'<,iti.�a eye 1 tY iJF 1,.it I C 111\9,AN )NI 11111,•AiWIV1?o1» i 4 1+➢_ include contractual liabilav insuranc€ crn•ering t"ON'TRACTOR's indemnity Obligations ureter paragraphs 6 l^_, 6 t6 and 6.31 thiough 631 5 4.11. contain a provision ar endorsewent that the otiverage afforded will not 1k cancelled, materially Changed or renewal refusoo until at least thirty days prior written notice has been given to 0WNrT{ and COST IZ-AC K and to each Other additional insured Identified in the Supplementary Condition u> whom a certificate of insttrotice has lien issued (and the certificates of insurnme tarnished br the t't)MRACT'OR pursuant to liaragrajta5,3.2'tvill sot provide); 5,4.12- remain in etfv�l at least urtul mull ptttrmcn£ and at all times thereulier when C( )VI RAC tol: may be correcting, removing Or replacing c%Iective %%oi in accordance with paragraph 13 12; and s.4,13. with respect to completed operations in uratce, and any itnsurancc coverage wraten on a claunsmnde basis, renam in etfei:t for at bast two years after final paynient t and CON'1 RACTt)R shall €irnish OWNET and each Other additional insured identified in the Supplementary tlerultwns to whom a eettilrcate of insurance has been Issued n idenoc s.R'SlaClory to r rtl'r"TiR anti ane soda ucklitioourl insured of tuntinuation of such "insurance at final p-iytrent and ,one year thetreafter). r)R"V R'N UabiEity Insurance: S,i. In addition to instuance rettuired tab he groendcd by CONTI< 1(141 c rlt cinder paragraph 5 4, t IiX*NFR, at OWNI R's option, ma}- jitirchasc and maintain :it OWN h's eNpenSC t 7tW aLlt's own habilm insurailu au teili protect OWii'o t R agantsa ulawif; tvhieh m=ay arise li.un «peFmU,Ins under the Connate h,K,untena.� Properrl Insurance: 3fj C�I)W;-.,[hetWise provided -in tlh'uipplentcnttny C'ondotons, -OWNER shall purcla+st, and tnaoatain prthprriv rs4ureratr telx�rrtlar-Weak-atilte-s'Nd fin the-anxetant (If the full rchptecanhen eat thereof {,,object to such da ducaalhla- amounts as - rev be provided to tx 52tppleamentary-- Conditions -Or" required hi katvs and It ,idaucnbt thisnr.uaancaa,hell: 5.6,1 tndude the... ttterxsGs of .M'Mi f1Z F�(3l RMx'ta ]tall and any -WWI prr�,ans-or etinue,s identtlte'd in-th. °;upppetnentury t', nchiiem._ each of wrkona is deemed to have an nurturable interevt undsh"Alhell techsanov,uwdor-additional rii awed_ s=..- he i+rttten tar -a Naleler'aRmk."all isk" .r a>pan petal -or stwa=aatlor-loss JiOliiA tlxi£ Shall at -least m.lude-aasaatan e foil { as Eat ], -ter tiarnaiv tv4hr?io, k...te, 1p3wet Niddlu�w 4nlv�ve.rk and 44trk in Transit -anal Aall-insure ati:ainsl at-ie nit the-tolliowmv lards Iles. Whtnin`= estonded co"%880tlmft, valadall,nr-atal raaheious aatsOnetf; r+FrthgF�+e_..++tt1a�:---dekxri--,raasz.�ad.- +!<rrarslititxi tYv{irlSl(fwd'by, vrifowernifill of Laffir, HFlIi-k'vgulmtikm-: a�t�--ilarrta�;�+�1-�a+uia-�e>Fi>at�+e+3+s -as- �xtu-tom syism Fc +ire l b} die-2KFaFkvit Fr( end t t us s.b.}.--incluade--expenses irnurred in the,repair -tar Fepla enient ,il any arsurecl prc4gelly tr fitaiit'd to -fees -and—aksargx+%-o -Lave e,"-and arahitectsii 4 - awor-materials-anal t gt+i{tm e+}! sFere d et the -vita* or at -another -location that wsia-+tgreed to, -in-wnane- by Ealti' Ek ; er-tc-4vrtg ran rpatute l_¢F.the Work, prof,ideal that %ich-matermk and egt+ipin nt have:. been 9neluakdIn sa Apiplwatiofi for-Nymem recerttateneleci by Fs sls`al.Esk tsrti 5.6,5. In ellta until final I-mylacult if; made --trifles'' odwFwr.i- agreed -ko in-wrnmg-"hy r�Uw'?il�a xmta,'><l':E.�t`:1F� -unit %?:iil:sl,l.K. witji tbtity dots --witted netrce.-Le, each- other- 'Rmlitfdxfr rlmt a- etHfteute eE atsunanlws.-1 exMi tsstte:d- 5 7-t`)44NER slaill-p ufAasie•iirxd traintina welt kAer w4 vinwhiFaery imirartiV or +lot ittonai prgaerty' +risurtrnce as miff, tv fetuilml-by the Suppdeatenta v Condiliort, or Laws laid, -R-egullamif-whiwhWill -n k4-Owmorose'-ttf t-N�Vt�-G�c;,Ll�4by�l'[3R, �srd3aont#rletar� '4i>C-'�Lriic: S PaC,l�3 t�#2's t'oms�r4itintsantd My other )VT�._'ns or mi Aili; identidiil w the,,Sapp><ementfav C<tlailla ifs-esteta-of-whowl, i4vlafnt.tl~ hsvrllrl to aln{einter->gout$llmlS-lxlntedifs an insumetk y aaklitionaI knmir,ed ',P, .- -All 1itew*r'tttawtesor .ether-ericiawx Owseol}-tI?qu+real--w tx {wra4raxatd stool inaintaawki hr O"NIT Ili acrxrdal e math-larnyrtilxn i i, and ? 7_wi41 conttbasa s-prxtix xs or ern{ xveniervk Ulm -(IV , oltio! 17ttorde.I will not ix 4arleelked of mftaY{r{11.E: th vk'J or omevYA(fituwd w1ulat teaa Illn-Tv d,ba! prior uritten notice has been Liven 10 Oki .",Ek and X A ]c Zs,f Ok caul te, wh x O,hko€itd ab "q [ to eshorn I conilwiae of insialince kras been Issued andavill o0filai❑ Wile+dr 1ir01 Ilion,. in, ocuordtnw'NVIII) MragittlHi _l_t.. Su OlS',,hR shall not Iv rasln+tismle tor ptachasiriv and rmaintioyung any property insurance w protetik the uileres'ts o1 CON I IL1CIOR. Subcootomols ar others in the klcxls-io iIx, extentiat env deductsk, amc±uma that idenhdicd to die 'itippkiisetiaiv ('trndtihru,- lHie ifs 1-1 dosF-�,-tliaiw-ywh ,ciwtttia+b ere<I+irNd�}e-am.>tra'a[:-ivill-hro harm day c'tifiar-}3-As'7++ii.,-Mo7EaeoxiHaatat=c>t rdhers.x+fiivil�ttng such -kws mitt II un'a of them :vishes pre[vmy= Insuninee wvrage within the limits of sash muourb,-�wh mar: t inrhase and mnnwin It at I lie porchIsers own expenie I77 I.t Li taller\C I'Ok mlueats in willing that .ether 4riet.filkinxsuoiace Iv olclisied iai+he 1~,rojvfty +nsuitmee tvhe,w -pr,w iJ,,d untiet paragnipdis IiA, or 7, 1 A!f, Mk rl,ail if atxlxnle mswh also Rlic",-and-ahe eokl thee. of will €v, uiaruti, d t,, c': )', I IK V ' i c lk bt,, a y rtsyriak 5 h,nsa minter ex `Vimei 1mendment 11nor tt-. FAA), IBO:SIiI S r)nt Intro I R I II, 1 V 1•'If li Jl i.l A9 NROW11 lll.>>y,R1511�+r HP a rtmen cnie v€-o€ trite WoA' at tiie tle, OW flit: -shell in writ tip b {v+r c <-F [2-V- FG3-whedwil or ftv, suutF ether insuranw has lwilpaxured-by (IIN ERE .l F 1 O1%NEit s IttIC' rntr ei that all dx+cart:plrctiira. tl--in+bet:x>k`+.kcFweivitli1,5+rr.�mlilia _(� arid --- Sul, axaffic+tom b"NGi?iI;F'K.. lei* EiF?vbFatt's CYarratk+tn+n+tncl-ell-xxhet pe�rrrkr.+u-entine5-idemt'ia+l in-tli+�--lapplerrtcv+tar-v--t.'etifkitiaru;-tc* l+e+-listad--as imsawfe& or additional insureds fit-sttoli IN lieies and illy 3wic p unary- ,weriige All, aril -losses and damagt." aused by Offfperik covered thereby, All swhl%Aui nra-shot# conteitrlmwm cans to theell�et that Ili the-everit of Imymcm€ oaf uny !tom or dataaage tip -raid agents--for- re mllilaci, vatic --»}I sueda- teglaii—agawlia SutxatNravtxrs - @;vi,l`F i P. _ _Al OIkk:# R's 5inivnsltar*k and illlatluv IV sons of ellvtfe-ideriti led irr�t#�-;3rr�>frnamtrery-i"c,taktreres-hr ik-}asird-m iutitrraxl;-er-m«]t4tii+xtrrl--i�;tntxis rsraekK-:Macli�}k�lieirs-ix t.w.es,,ind damage. ;o sau=M None of tl* akwve acme-- a41-e*aef>fl- -tl Tighta-time-anV fWatV m4urfg sttelt wifivel Iwiv have--to-$ie 1400.t,14 of insurance. -held Is, F+ii `l,4-h as inrsloe or -otherwise jlvyaWt utxle*t amv lKAwy so isvued - dl' atadckiN+xt -< kV�:hit ,.0 wew u44....riykba; aearn,r tYl�'i'kt,�(L,.i'riti;; - 5uhc,�itracters, 1S':L t3�,t`,%�',- 1`?vl�livl';l`lQ4 �L3tlYtiil4lnig mid--tl12 eatttcaJn,�rec-tea:x �'Itiploceea, £ti><l 5nants i,t .ant x� tiitfib,-(EtF� 7*kl?-{., _ Etny,cdttr-ti,toe;,eebr;:t��btrrrtbpirc,xn�Ie>a5 of use -ol outer eensetp ential loss oxtenthrte, Ixvoral duect diliv,.iud .kiss; of kJamagc to (42\4iw% peiipert4 tw-Ihr--Wofk vaffstxl'be'.: arisunK,ut oat or ie,,wlurg from -fir, or ifthei petit tcheiheror not insured die t lVN'IJta and s I E 1 -1 lolf. err damage to Ih e. npleta.t kbe}7cet-tai j art thereol c. used Fy=', ari4iw out of of iescilltirg [Rol lire of Ale] ren'ciied f,tril "'k-cled be imy {t'cy art n. n a mi n ant• F tm ke completed lac rtit t pFat-kFeret £ by o Dt€lot during- p till-uHHraition pwswant to Issrragraph h! 17. after bukwatal r'caroipletion pursuant w txir.tpph 14 S or dolor tonal rvly menl pursuant lotlka+xuatplt 1413- Arty-+m,rxd-}x>at,v-mai7AFt+rsd Its: 5Al,' }Ek eoav"Farw ally less, %ifam e , ucaisegt y;tail bb„v rvlarred to ill (ills txarwrmp}t 11 dtall v,allwa, Juov flit+� 1010fleffct-11u+1 Ili -A! I,a-nwiit-of lintsuc4i loss. 4arlage -car �tinse�;ueritia}. Ira. the inr;urera chill Noe no rtahts of iexaweay-ngatnrA arc-r>€ (E,»"F1 .0C'Tct•R;-]s"u4x:ntttractt)rs; directors, -employees and agents uG tutc of iltfvit.- ReceiluandAppLicahwi aflnsxrance Pruceerit 5.12, Anv insured loss under the policies of insurance required b pmagraphsj6 and 5.7 will be, adjusted with i rititiCR and trade parable to C'iWNI-Jt as fiduciary for the insureds, as their itneiests may appear. subjwt to the requirements of any applicable mortgage clause and of Iruagraph5,13, OWNER shall depcsit in a separate account any money vet received and shall distribute it in accordance with such agreement as the pznties in interest mny roach. If no other yaecial agreement is reached the daniagd Work shall he rcpiairect or rephacrcl the moneys so received applied on uceiamt thercvf laid the Work tint€ the costthereof covered fir an appropriate Change order or Written ,Amendri ent. 5,13. OWNER as fiduciary shall havepower to adjult and settle any log, with the insurers unless one of the parties in interest skull otbjea in wnlmg within filleen drays after the oucurience of Lass to Oki Nlt'R's exercise of this Ixnvcr_ I f such ohjccnon tv made., taWNE,R as fiiducisr5v shall mate senhrne€t with the insurers in accordance wall such agreement as the parties in intcresi mag reach If nc such agreement among the parties in interest is readied. OWNER ER as fiductan shall adjuq and settle the loss with the insures N g #f aye{ e wrt_iay uny ltat} n interest,- OW\LR—ns Ckluel ary--shall give--homh k-,r -ilia Twgw Nrflintane,e"4such dulk"s leeeprance nfBonrlcartrl Lnarrrmrrr, Option to Replace 5 14 It ertitar -lxaxa ea4tiu+31 <x C= TRr1c='Tl)F j OlA has any cal?iaelzon to dw coverage affexded ky or oilier taovisions of the Rondsoi insurance t�quired to be purchased and maintained by the father Nnv (A ATR A'_'I in wcordancv whit Article j on Ole Ixrsis of nonconfoirnawe with the f,'ontinct L rcuments. the obiea ing fumy hall rio notifv the vther Imny C,J14N1R will noel} C-i N I,R ACI C Fj{ in wi nliv Wallin tell fifteen dav, .dill receipt ctelia cry of tilt, for other evidence 1ediie4ed) to (MN'Hli as fequmed be Ixtrugraph 2.7. R Ac `4 t NW•ttlsolt wish- ptewidr 1F'r-isle other inch additional wlbinncation-oa tespeej of insurance unaided -as [he other- may reasonably request lr either part} ekes -net Ptuc}aw Of mainmin all of -the -Ponds -and W%ir lKv 1equrrcd -0 such-1x ly 1} .,.the Cortraet oUrunietas such pinky Shall -nosh" the -othez I4irt4—in wain f ueh ianule to tuoe3tsvr-€rtoi to the t rt of E1te Work4 of µrchI;atur. ioamtinmin ]wor-to grit llh ntgv4p Lila ollwi-right of remedy: tic ether Ntty may..elect to obtain eyuwalent rlorlds or m4urance-to protect sLw'hother party'&mEerLst6 :ft ih elgv e A the party whs was required to prinnle azah c yewee;-aix] a G "fatnge t hder shall Ile issued to rebus the c'c�ntractpflr eutxoh.111 ly: Paniat Insurance: I; II r aA4 �hk Gadas it nee Stu to cxcup, or to c a Ixtrtron Or por4nin cd Ow Work prim- to .Stth_stwmtial iJ h� a?3{ttVI E' ADI,I I ONi 19 t 0�811940 l,ailin� te,On'ji i^! 10Nif VHleo iR l 1?u0i❑ Completion ofail the 'A orl, such use or oa upa icy' may Ile accomplished in accordance with Mra&niph 14,io, providod that no such use or occupancy stall commence before the insurers moviding the property insurance have acknowledged notice thereol" and in writing effected any changes in coverage noxessnt tisl therehy. 1 he insurers providing the progeny insurance shall consent by eu(krsentent on the po) er or jiobcie�, but the, property insurance %hall not be cancelled or permitted to lapse on uccocaH of any such partial Use or occupancy. ARTiCLE 6--CONTRAC" OWS RI STOSS[Rl1JTjI,-,-:S Supepnrisirm and SWpenintendenee: cif 1 RX' I`OR shall supen ise, inslxet and direct the Work competently and e�ucnt(y, dcvotiip such attention thereto arxt applying such skills and exFVrtist as rttay be rweessat} to perform the Mak in accordance with the C n oat documents_ CO,'v."IRAC IOR shall he solely responsible far the means, uethodzi techniques, sequences and procedures of eonstnrction, but c C A f li.lC t Ut2 %hall nor Ix• responsible Car the negligence of others in the desiut or slx;cification of a slw ific means, methexi, technique, sequence of procedure of construction trhwh is shown or indicated in mid expresly requiredby the Contract I }ocuments- C"t1;'r 1 RAC'TOR shall be responsible to sere that the uamplete^d Work complies ac,R;rately txith the Contract I )t?gnm cnt. . Cs,' (-Cr,yTR.ACT()R shall keep on flew A4oik at all times doling its piiQjasrc a ek)mpetent resident suprrmrenclenl, who shall not be repiacrol tcithout %%ritten notice to UAVNI R ;and I 7'sltl ill except tinder eeLravrdnwr , cffetlllimance., The :ojvrntendcnt will Ile C't is 1 R.1C t'C7Rs ictn'esentattte ,it the site ancE shall leave authcxitr to act can i haltof c'r t':T]<.1f "T«l2. .All roninninwattons to the superintendent shall be ws liloiung as if gee en to <'i'NT RACT OR. Labor, blateriais and Equipment: 6.3. CON FRAC T OR shall pro idc win[letem, suitably qualified personnel to survev. Ice° out and aaastatet file 1Ycxk sex reluatd by tile ContrastPOc"Wnts POcuments C`01 FR V T' lk roll nt all umc_; main(nin good diwip€ire mud order at the ,ne, l ,ecepl as Ahelwj e required for the safety or In,aeriion 01 tWsona Or tale Wcik or ptatpext}. at the site ox adjacent thcroto, and except as otherwise mdle,necl at the Conuocl I.)oconients all hark at the site Shall be pertonuecl during regular woxkmjt hFuzc; and 011 not [Wrinii oil rttmc week of the per rorntunce of Cy,,rk on 'Smun.Lo% Sundt} .>r any legzit 11011J�1t' t,ahout Oi H.C: wrtucn cow m seen .1fir prior v rioen no,ic:e to fy. ;!\I GR 'U'ti t%flc'I c?R shall �:zhn3it requests tg the }.'RUI�IJ3R ialess iR7n 48 hours in am -met of any ]Sark rr- be Lk:,Ionnod to Spturdat, : 141E4n_ ll JlJJy or oulsiJc the l:egki tr ll ark lase l(.,;ur,. t 4 Unless otberwise specified in tlx oonertfl RequireirariK CONTRACTOR shall Rimish and assume. full resfw ibdity fix all materials, equipancnt, laMr, transportation. construction equipment and machinery, tools, appliances. lfucL pricer, light, heat, telcphtvie, water, sanitan* theihties, tenipornry facilities anal all other facilities and incidentals necessary for the furnishing. perfdama ce, testing. ,tan-u p and eomplanxi of the Work. 6A 1. Purchasing Kcstnettor s ('t.}lv'T RAC K)I R mu t o mpR t hihe Citt's p ecuhasmL restricuttna A cppt_o1; the xexrhh<tz x s ere atailahle_32r rewteu,ip the orliceS of the PUMh.ISIPIP and RT- Mnn,agartent LtA4 psign or th._r'z{y_C lul, 4 yfitce. OA 2 Cement Restnctiptu;City of 1-ort Collins Isx�lu[ic n!>1 1'I„n�uuis t1�at..su�pylxr�Mt{ril�ic�ltt�rz of cemet t orrrOILICLS containing ccwm to_certity that the cpntent its c_t node ip ccnncrN kdris that burn harttrdotia taste as it Not I All materials and equipment shall he of 6odxl quality and new, except as otherwise provided in the ("Iminct Documzans. ,Nil wntrmttux Andguaranties specifically called for by the Spccifieauons shall expressly rust to the benefit.ofOkt'NrR if required Fay1-'ls11"N ER, iY) -Tits�t'3<)R shall furnish ;utvAulesre, mdelve (ivicludirtg relvrts of required test,) as to the kind and quahtr of mouslals and Iquipmean r\II maternal, arxi equil-Inuait shill be arjAeal. irimailleo- conneored ore-cied. usdd, eleaned anticonditioned in aecordame with InxitucluIns of the appitcnhlc Supplier- except ;its otherwise p i)I idedintht c,onmict DoctnnellTs Progress Vchedule: +I ra, C ONTR,AC POR shall adhere to the progress schedtde established to accordance with pxara p aph ' y as it may tx adjusted from lime to hone as provided below n.6J. I't>N [ k AC I t-R shall Suhnul Io LVANEI R roe accepsitmee flo the c:acru indicated in Ivaiagraph_'q} propa,ed ,iijwtntenU tit; 11k, prt>grestt schedule 11-e1t will Ian Change the Conlrac-t T n ca; for Nfilestoues)_ Suthadjushncroshill kont-orrn Vne ally to the prtx reds whcduk then in eBert .anti atkhtiornalh Will compII, with all} provision; of the genial Requirements applicable thereto r,1,.2 Plopost'l adlustaww-3 in the provv-t', schedilk that will .hone the ("'rar"wi, 1 nlw='or Mdcstonees3 shall be w1,:nittcxl in aeconttntce I%a n the rrquueanenis of paraguaph I..' p tiuch adjustnenis anar .mly I� Inside bl e ('hallge ()rJer _x tt:ritten ;',Inrirlment an ais"'rdance uith-lrare_Ic 12 6.7_ ,Substitutes and'Or-Etun!" hearty t.7.I 11 leng vzr an atom ,et Inumral or cqutpncin Is •,ttecifi. I or dueazilvd in the Corilnwi I)xeuments I -A using the Inane of a proprietary item or the name of a particular Supplier the s1+raf6 aeln air dcecripiion is intsrxed W c•seablish k1w tglx, luuaiehn road gwihl.a required 1'.I11e5;s the �1.1.-aE ration or description 10� In 6.1 %FKAl d eUt 111"l+191 s'91 Edit.ell I' %k,Ir I I;Txit ILI,I NS RI(IIO It A1IR'v'+00t 12111101 contains or is followed by wouls reading than. no Be, equivalent In "or -equal" item or no substitution is pcimititdi other items of material or equipment or material or equipment of other 5upphers may he accepted by I.N(I NVER under the following circumstances' k"TI 1. ' rr-Lgu ]", It ten L? W l of l k2's title discretion an item of material or equipment proposed by CONTRACTOR is fw-a:tidmal3y equal to that named and sufficiently similar a) that no Jiange in related Work will be required, it may hv considered hit' fsisttlle.G.l£R as an "or -equal" iteim in which care review and appruval of the. prop,ced item may, in ti'vGINP+30rwNle discretion, he accomplished without compliance pith or all of the requatunents far ,acceptance of proposed suhsututo Items 67.1.2. Saba(itareheirs- Ifin.E.LGINEls'R'ssole discretion an item of materiat or equi� tent proposed In COINTRACTOR does not girth}- as ,,in `or -equal" item under subparagraph 63 1.1-. it will he considered a proposed Substitute item- s CN, i-k AC'r()R shall submit sufficient inivrtnsuon is provided below to allow F N Fly: EF: R to determine that the ducat of material or ezgtupment prMoscet is,essntiaily equivalcm to that named and an acceptable substitute theretix The pr-oceclme for review by the L s()INEf R will Include the tollowing as supplerneraLd in the ,)enrol Requirements and .as F kilNhh'R mot decide is appropriate under the ei€cumstarees. Ro,juost, tuI rcvteiv of prop pod substitute atnwn Olmaterial or equipment will not Is, accepted Ins k'N(!TNF.Fi:R from anvonc other than CGNTR;1C'COR If I'tdtii'R.ACTOR wishes to furnish or use a substitute item of material or equipment CoNTiz.Icrot2 shall rir,..t make veritten ttl�ehctiisn to k.xlt 1'vE3iR ice aeoeptanec Ihcte of, eerutwtuz dtat the proptw„�d soNiltito will peficIran adequately Tile ftnsetiolls and achieve the results called fnr In the lienerall doe igm be similar In upland e to than-;r>eedled cruel Ee nutted to the same uu a. that specified The apphcatiot will state the extent if any, to +slush the cvolwition and aecepLince cif' the prntuxed ;,ufstaae will prciudve C NTIiLW1'tVK sichievemtent of Suhstanliai Completion tin time, u-hethei or not acceptanc-v of the substitute for use at the lti'ork wsll reytuoe a dkinrye ht and oI the Cvniatx I tocnments for in the pros €;iota, of anti cshel direct ccntraa urith OWNER NER list work on [lie Ivcnjrc'i? it, anlnpt the We,ign It, the pru}sa etl substitute and tthetlacr or not naytvlM A6011 of cue of the suhstttute in connection with the kA, ork v6 suhtect III fyicment of ally license tee ;IT royalty. All I anmtnnis of the propow.l subsitute from that specified witi be idtientifwd in the application and ataitabic ilia naeruanee, rcgtan tint repluoemhelit ,mica will he inhcetcd I -lie .applreatitm )sill also, contain all itemrecl estimate of ail costs or I redits lh;q will result Jnecrty- or mdu-ectly uoin ac. eptarwc of stAI stilt SAitute. irwlu'llnu costs of ode;ign nnd eprnttc I f other onlra.tor� ntleetal by' the resulting change, all of which will he C I. N rRACr7 OR shall_ pertain not leas that N, aamikred by } `tit l}';f{ in L iduali di: pwlugnk_6l',thu `or) with o%71 fgK6Ca,(khxl 1k proposecl substitute. ENGENEER I11aY require without, subq,ntrgc R�=The 'l) pej Nq t rcq&! rem t r 0NTR ACTOR to furnish udchtirmal clam about Shall lie understoodl to reGr to the Work the value of the proposed substitute. whtgh tut.als ❑cx less than 2t)TxleCat of t}u,t c?ntract ._.""' .. priOF._.., 63.13. t'02VIRAt"7'OR'sGxpettse. All data to be prerldexl by CO N FI :AC'TOR in supI.mt 01' any n S 2 if the 451iernentary Comlitio s, Bidding propered 'or -equal' or substitute item will be at Documents- require the ulentry of certain CON I Ri\\7T4,)Ris expense; 'lubeontractcirs, Suppliers or other puns or organ}zmions (inchahiag thaw who are to furnish the 6.7.1 Subxrztare c'wutrucholl liedlxx&or principal items Of materials or equipment ) to be f"rocathsrec: If it ytecitic means_ method, teohnique., submitted to c WNV''R run advance -of the slwffied scquertce or procedure of construction is Sio%vn or dine prior to thi Eflcctire Date of the ,'Agreement fort indicated ❑1 ittcl expressly required fnthe Contract acceptance tw, Ok%N}iR and HNGINf -'R- anti if fkxiumenta CO'vP1LA('TOR may furnish or utilize a C4?;tiIR4ET4s12- -has--r nrited--a- list-iixrvvif'...in substitute intiats, method, lechriique, stytwnce with tho--Sngphameria:y COIXuorts, proeechtre of construction acceptable to ENGI EhiR OW R's or f VIINPsl'.R's acccoanoc (either in CO%lYKAt I OR Shall sulstnt sufficient inhumation to tInl3ng ur by lailinf: to make wrillen objeelion thereto allow F - I.f-1F, In I.?eGl�1i}_hs sole disarcho) to by the date nxticated for ac efxanee or oblecuon in determine that the sdl tuute profused is equivalentto the hiddinag dex:.untcnis or fix Contract Documcatsi 4 that ex:hressly called for by the Contract Documents any setehor other Txvson-or hhe mocedure for review by FNCHNI;kk will he cwgnnr,sitiun a lantifed Ala ..be-revol:exi on, the similar to that provided in sulh))arggiaph h 7.1 2. ba-s-q elf fcauxurhle 04je,ctiora after clue rota itteation, Iry whrw•h-fxse t~<tt>rT-R-ic'.}t)R--shall --;u it —an 673,Ptf�gineeil vaktaoil: FNGINFI'R nNill h4 acceptable-huhatnute, the Co'litraet Pitee- will --he allowed A r{,Isonahle time within which to cyaluate adjusted b' llii-difftwmv in the, eogt occaStoneil I%y each proposal or submittal loathe pursuant to SUuh 4)satutlon and air Change -Older fh'aragiaphs 6 7.1 2 and Ci7 ^_. F\ 1 v1TR will be the will Jie-lwted or )XI4tte-n-4rnetnlrnsnt signed trill .-)le judge of ascaptahllity "u "or•equal" or conntltutc a condition Of the (Contract requn Ing the suhstiutie will he ordered, installed ar uiilized without u,e cal the n rued slihcontraetorsrghT,l2cr,, tal_ither h1"\UJ Lf'k'% prior written acceptance which will ih persons Or_ogpniannWork on the _ork unlestiprior cvido,ced hy eitheef A Clringe Order or tin approved icriiten . p!(eal r* obiatnec{ fiom OR'eTR -ind `,heath drawing, 0W\}iR nlay re.cuirc f.'svi'i[.lat do acceptance by i>46s;1-R "I CM-FRACTok to flthiltili ill Ct)"ti"1 R.li Tt71Y5; F.XM I7 FR of ant such Subei4auactoi Supplitx Of eXpccl'I& a special performance gtfaranlee (if other othel Ivri W1 Or orgarilLatIon Shall t-0i Sulfite a lwirver tielFet? (Gill re.`1e41 to a31F "or -equal" Of ,uf?shale- of any rlght of tiiVNI,N or to t"ieer S Cil l }y IN Ill record time IFelilll'ed I1y delkklive �%OTk Its'(T,:ITR, FNGINU its Oaicultant; in evaluating. sobstitnlc:. plofxw.nd or sAlblilntesi bl' sob 6_;_9. ('t)NIl' \CFt,)k pursuant tea parataaphs 1,7 1.2 and 6,7.^_ and in maara.. canes In ti : Colinaei +"" I ' •(1N PRrACI I-iR ihah the full\ recpemsible to L)ocumettr, (or in the provviwns „f anv othel direct ()1c, s.EIK and h, n 61NEhis for all act•, and cnuiUto%a+ eonuael with Ol' NE'R for w'or; on the Project( of the Snlxontraetors,_ Supplies and other txn A) s Owcniaoned thereby Mierhei or not EN'61 sEEI) and oIZatm mtteri performing or fermi hm, .fm of the accept a sulbeita tie Item hxs proposed ar eubmitted bt= S\I)Tk urr,ler a direct or aidira:i ;:ovarwr •sllh CONT A('fOR CO"fl}LACIOR shell reurKas CONTRACP* last ;IS WIf)k is O)\NFk tier the charges of ENGINIFElk and responiihle lrr CONYRACR)R`a own acts and FA Iv LER's Conniltan ,; t'(x enaluaura, each such onmsiorv. Nothvig in the Ccfitntct Docfanents shall j)fojN)%cJ wbstaute item tiveate (oi the b�aeht fit ant' `awh Sitl7 oiariicierf Supplier or obor perum or oreanirittion :Inc 6.8, Concerning Suhconrraetors, Supplies arrd conbuctual relatio hip bav"zen thkv±•.his or 0thrr%, Fl. (;N)+: R.ind oim %itch Suhconirmtor. Sal-?lirr or Other person, oil wganiiaLion, nor %lion it creak any 5.S. f. CO I RAC I C?k shall not empikA ern.' ohllyation on the part of O k NER for I 'seI14L? R to SuhcontracAir. Supphei er other perwn or organization ail ,r io .s" to the payment of any me-ncvs clue am (lneludmg those .wcel ihle to OWLk :end S401 SUN-1111€ra,toT, ;uplahor or other parson or l;X(;INI,IT as indicated in pnrauaph r>S._;, wixthei olulmizAlcat e :.etz as mae other+<'cu he requin•d by" itaually of as a wb-Aitu€e. a$aunt wham C(Li NER or N of E-1 Of` LER rnuv I ti(iL Elk mat' hate'. ream rlAhlH obleciton farnl,h ti% and Suix-ortmoir, strpplicr cIr other rvrvon r Y )L 1 R:A(`l -)k shall not be required to employ any- u" oak tn:zallon el Iueme- of amOunt, pald t, Sulvmtrat t.hr, Snpplrcr pr athar l rr*nn ar craamzntion t'U s, I RAC! ( N in at rardarn .. ',nth to furnish to perform ane of the \took against whom t ON I IcAi I tiR i .Apti! icaucre, I,r l'nc meat`.. ('OVTfi k.1 Ok has rearuarible Objection I IC'I,( ia'•q-H.U, ea t.ilo N (I t4 i cllrisx" I n CI Y t I IORI t'CRS.I\', 11"ii)iPl CA rt "NS(KI l l-210111 1'19' CONTRA,(JOR shalt he 'solely, res otwhte lbr scheduling and coordinating, the. Work. of Subcxrmtractom Suppliers and either persons and ot-g rbilnsns perfomirtg or furnishing any of the Work under a direct or indirect contract with C'ON'LRA("I(3R. CO\HRAC'TOP, %hall rixtuire nll Subcontractors, Suppliers and such other persons and oigam,wtions lxrformiaV or furnishing may of the Wool: to ccavmunicate with the ENGINEER through CON "Cts.A(' I Ok- a.li), the divisions, and sections of the Specifications and the identifications of any Drawings -stall not control RACrOR in dividing the Work amrntg. Subcontractors or Suppliers or delincatinge the Work to he performed by anv TpccifCc trade - Er-il- Alt Work performed for C"ONTR,%C'f(* by a Subc nhatcloi or Supplier will be pursuant to cut appropriate ag*recmenr Ntwee*n C-'py I kAC'TOR and the Subs intraetor ex Supplier which specifically binaL die Suhcont ac(or or Supplier to the applicable tonns and amiftions of the Contract Documents fear the heneht of OlvNFIZ and F. (TIN..hR. whkmver anv s. * aty."llent is wit€h-sa--Subcerttr+>ttcx-cx-fiuppl+tr rvltrs-is-listed-€n-sm additional, —atvused-Brat-die, property insuium'.epvitided in p era nphss(+ -ctr ­i,.x;---the—azgreement--hexween -the CON I'RACTOR told the Subcontractoi of Supplita will rt*tate il Supphe., vs-, vC,--ii& -raglan--agzrttwt--Et}4�,vhl�, . t-'ck' 'Ffi:k' I.A R; i ti4;IM;,F-R, #i'�c➢t-.�ES+4F'S t-Ams kam., acid uR-- oitnif :tetditi.-irw4-..saltura�A+x--alFlesses-an.t-tktaraf�a-wsause.l-I�. sHi4aae, atnuf cx srsultittg franrum-��Cthe pra'ilscor-fray[ t,y such I+ahcce+srrmlarty-of{xxY"k�e�i' ansuraau�apltllPablaio the k4tsk- l l' the inrxue°ts ;n-any such policies J CgUirer �.aisiae-rr>}iv rig-4.a*rw-t�* F+t-�s+a.waecf-k'�y r+tty-Sutrre+xrw:hsa-a,r 'ulNilier, t'<-t'v h[i,-1E:1-131� 1ftr4xatrn thy:+m ^ Patent I ees rand LZaralties; t, 12 CCIX, IICACT« 3R >lrall Pay all bevle« fix", aanl rovalucs ;and assurne all costs incident to the use in the pertor auancc of the Work or the hoot{ oration as ihr tk cark. cif any invention desigri process, product or device ishkh i% the svltiect It patent tights or cupvri�:hts held by c-athtt�i f a } tculu inkenllc n ck i,8ri prcb ess proJ a:l ax device V" "Ivetled ut the i ontlact Dociameuis to use in tlae periixmance of the ib'orl and it the actual knowledge of t ltVMilt or l :(AMA:iR its use is subject to patmi tight,, ut "vpyrlylits calling tot the payment of any IR.enw fee or ro%,iha to others- the esiatenu of such ri„hit Shall he di �li,e;ed by tiff 41R m the (AIllu I9t I}ocuments. Te the full,%[ 4e>xerm Iwrmitted hp l.atis and kcgui;uiom- t x aN RAC I OR Shall indernnil} ,tad held lvirmlcas U'.a. s.IcCt 1 '".ciiti}7;R_ ["".Kfl"sl�la{'s Constdrams amid tilt dt eerx Lfirkelort, ctnploN ecs. sagants and other e mwhinnts oil each and ran}- ofthem Irma anal against all Om"a"sts, losses and damages ansing out of or resulting fxom are, .ntrutgemcnl " f p lein right" or eop)nghts axadutt to the iv ^ in the In rfomntnc,� of the tk'or6 or resuhint, from the imorporation in the W(16 of anp inr-ennom d;Si"cs11 procss, pr�Sirct IT deem" not speruticd m The Coil mci I )o'lu»cnts la'.J w't rr'ea R=ll r'.t R71i;��s l,lYr{?'J� k kh,nt 14 wells ga,'t}alttn.i.i1,".1e tY51 tE 41fOA tPl �'1]"a1i+a1 Permits (1.1.3, Unless otherwise provided in the Supplementary Conditions, t`tSV11001FOR -)rill obtain and rkry for ail arnsnvctcen permits and licenses O%k`,'IR. shall assist CONTRACTOR, when necessary, in otatamm6 %tell permits and hcensrs. CONTRACTOR shall pay all governmental cdiargt�s and inspection fees jieiesiiary for the prosecution of the Work, which are applicable at the time of e xm a of Bids, or, if there are no Lids, on the l ffcctn e C)ate z?f the rlgneement CONTRACTOR chat[ pap all charges of utility owners for connections to the Work, and C WNh'R shall pay all charges of Such utility owners I'm capital costs related thereto Such as plant investment teas 4 14. Laws anti Rvg natives: 6.14.1. CONTRACTOR shall give all notices and comply with all laws and Revulations applicable to funteitting and p rConnance of flu kVorkl x cot where otherwise expressly required by applicable Laws and kegulations tacither ( WN) R nor €,ht,Ih l R shall he responsible for monitcmne C ON I'RAC'fON's compliance with any Laws or RcgufaSoaas. (114._. H' CONTRACTOR pes-forms any Work know —me, car hai inn reason to know that it is contran to Laws or kcgulationc, MNIRACI'OR shall Ixar all chlol >';, cooz,tS. los"'es and .lanuiges e autsed hy, ansing out ol'or resuilluls: lhcrcfrotin; however_ it shall iwt lx Co?:pRA�.'"TOR's pritnary ie•,qenrsibihm ht make certain that the Specificationsand Drawings are an aucmdance with Laws and Regulations, but this shall iwtt edieve t'OtiTR.t.CT(:lk <If CON I k V' I Under patasgra11,113.3?. love[ (III TR1s'iOF:'AUitl }xty all "aleS, con atit", UNL and othet Similar tastes required to be paid by r't Y� i l: lt.'1'C1k ui .accordance with the, €.aw's .and Reulauons of the place "If the project ivhiclt are app) it able !fir ng ihr 1 crrorm anee of the Work nil � i t >t�. Stag a• e";vmpt tromp (."condo State and local sales and uw laxe; on mI to he permanently nuxorfwrated antothe pxcjeci Said taxers S1lcll n"i tr.Uicluded Il thr i ontaact, Price- '{ us. I'R.AC; I I IR cxtst. app�v for, and rr'*e,caIt t cnati�ue na f:;eaapuon from_ the t olorad'i [ jgxlriment._ 3, Revenue I'„ c, IrL ett,un neaj,jjats til lv phy sn,tlh. ancorlxtr,ued into the project. I his s'eavliranon of Emniphon ITvvkk� thaat. the s t 5 ". I R V J( IR Sh,rbl neither foy� nor snit lade in his lid, !'sales a ad . _W hates era tho•M huildiav ;sod wnsuucpgn materabs. phySicell� _nett pcv ateil into Ow prnlcct �1ddr<"vs � clora"Mu€,}eparbuent4Chercaatl,c °,too I -aptal Anne- 137> Sherman Street l�rm'elr, t chfoxa&s F,iiw(51 Sales and I I; c Ta.. s for the I State (ifColorado- Rceiutral frtrurianon-173skict_.,(StTC)}-.taAn Coioradea_caunPtes_are_gailexaed by the .State .cif cslctr to and mclutled in Certkfomticitla n of Jsxen�?tlon. All, uplihoble Sakes and f:a ..'!sties (uhludariig State eollecwd taxes), on any nems_nthrx than construction and buiktiraa, materials, yt,-ysrcallt inctrtgwrakcl int jibe project are to he -paid hi f O—N T RA('*1'()k find are. to be included to upprctJit isle bid firms. Use of Prenri.vea: (1 TG. CO' M A( VOR shall con£iric construction e'cluipmcrit. the storage of materials and equipownt and the tp rations of workers to the site oral land anal areas e entifaed in and permitted In the Contract EXo l gents and other land and areas permitted by Laws and Regul:aticmc rights -of -way. finits and eascnienis, and shall nut rmreascmahly encixmbrr the premises with construction equip icnt or other materials or equipment, CONTRACTOR Mull aeseme full re_sTxrnShility f(x any daltiq c to any such find or area or to the owner cx occulxara thereof or offilly adjacent land or areas, resulting:. Titan 1110 fxrfarntanee of the Work_ Should tine claim lie nrade by any such owner or voup'ant hacaww' of the Ixrformanee it the Work- CONTRACTOR shall promptly settle with such other party by negonauon or otherwise n's rave the , Emni he eubnlation ,Jr t)tllel dtspate reses(utran pratier;,tirg or at law_ CON,1 RACI OR, shall, to the Illfz, l extent permitted by haws and Regulations. incleninify and lnol<i frarmle ;s c 11\ i R ] tiii1 i,%[i. 4 tit t ,FI:R's Cormilrmt.and amoac directly or in.Grcetlg empl.n'ed bpi all%III' them fort and against all claurts costs, lo.yws and dare -cs arzsiry (Air fit or resulting from any chum or aatlosll. Te ral of ,Iluitable. brought by an1v stick .a;vrfer III zacupanl aianr.t OWNERi'ti<tINEE-R 0€ aam utherparty indemnified hereunder to the extent catvsed In of tac,ed upi+n t'O'ti i R tt' fC)tZ`s lierlormiurce of the %York. n q7 rleiaing [Ik progJess of the !peak C( NTio,("FO R shAl koop the premises tide h'trn acctmnilabon;. of ivastu Irruertals. :uhbislt and Otte[' delnrs resulting from lie Work Al the completion of the 41, ork ('( )-N 1 RA( "r( )R shall remM e all waaste materials, rubbish and debris from and about the premises as well as all tools, appliances, eanstntmin oquipmenland machiriry and surplus materials I < ss,1 kAC R ;hall feat'e the kite vh^t, orni rinds for by OWNER at Suktantial Completion gal the 1-iork C ONTRACfOR. s€iall iestore us original caanditimi fill lropertc nod desaen+ted for aEteration by the Ei'onlrart Ut<unicnU. n { z , `Ci,, I R.'t('I OR shell not load no; pennit anylxzrt e,t my slauOujc to fe loaded in env mumvi that svtll enLxititrr the attacsure, rv,r shall C'r iV"i lLy( I OR. sutjecr am part of the tFnrk ol uIdym nl. prsyxrly to sir Nxs or pressurs that It ill einlariger it. Record 1.7nrtuaenr.e: 6 TCt CONTRACTOR slutll maintain in a safo place at the: sits: otx record cop) of all Drawing,. ' Txoitieationk Addenda, Written Anicridinestts, Change Orders, Work Chanty Diroctives, Field Ordem tinel written interpretations and clanfications (issued pursuaatt to pamgmph?td) in gaol order and annotated to show all chrargeff made during construction These record dactimeas k-VCther with all approveni klmples ;and a cam itterpart of all approved Shop Drawings will he available to LNOINNE.Ek for icierettce, Gpon %*niplttion of the I-Vork acid pricx to release of final Tiatimem, these record documents. Samples and Shot) Drawings will Ix delivered to Ti"IGp lFRk for OW'NFR Sn/ey and Proteedtatr 6-10- CONTRACTOR C TOR tt ull be iesporuihle f v initiating, maitrtaining and supervising all & I,ety precautions and pograans in ec uiectivn with the Work. CO T RACA OR shall take all neceswary precauinns Cott the safety of, and shall provide the nmctsaq protection to prevent damages injury or loss to 6.20-1 all persons on the Work site or who may be affected by the Work; II '_tt r all the Work and materials and estliupmeni to be incorporated therein, tihethcr in storage on or off the site; and 6'_u 3. other propcny fit the site or fldlacent thereto, including trees, shrubs- lawns walkk pavements. 1ofldssmcs, structures, utdtttes rend l'ndergi-mind T acllaws not dcsagnatcd for rcinoval- rclos—ition ar teplacememfitthe xiutscofconstrucaon C'O\,'I'RAC1 OR shall conapav with all appliuhle laws and Ragutailoaas of an} public bokhy Taivmgturndieuon far safety of penuns (IT proTtedy or t'l profeet item frema damlrgn, Injury a fuss; and ahaall Bteo and maintain all nece_sary soteguards for such safety' and protection. CONI kAt"'tOR shall nolif), owners of adiacen! property arad of t aeRt�gaound f,lcalitte- arx utitili owners when prmwcution of the Work nim affect them, and shall ,-oopoaie wahthetm in tare prowcti,tn-rcmotaL Moc°ation find replacement of their prolxrty All dtmhaee- Injury fir loxs to any' properly referred to ❑t ar o 2d ; eause<t, diroxaly or indirvcild . in "hole fir in part, bp- O'w rl2ACTOR- ang Subcontractor. Supplie or ant Wier pers41 of Olgooleat;on dtr(.Olc er indirectly cmpkit eel h}' anc ol'them to li:rfornt or lumuh :am. of the Itvu'k "r anyoatc h+r wlx+': act � anof diem m}ar [sr table. shall be rrntetlied l v ra l%] lk"AC OR wxupi elantnge or lusin.ttritlutabletothe tauttotthraecia sear Spt:Qifwutiores or to the acts ur omm�i(vts of (AV'• ER of or IL"N7(AKEI R's Consultant cr anyone emplrted br' am of them or anyone for arhose acts anv of ittem maN he Ii ibla- and not atGibutaablc. diraetly or indirecdv, in ichcde or in port retire fault or ul CO"" rk.V'IOR or an" Sttbcomiructor, Supplier or other person or orgalivation d'aretly Or ndirectl)' empf,'yVd bg sa)y of the¢t'r. CO-1 I'KA(-],,' tRsduties and resp,nsihilino+?rncc stfvly and paRcction of the LS'cirlc Shalt WlAirLW omtil such tltnc as all the Work is c smpleted mid kv il':I i k ha,; issued n ILUC(:E'it;<Itll �YIille"vfl 1')iq-„:ft l4lt,iL[i.�� > x e'I I1 t A: I I't I'"(il_1,11"VIt M CA l7ub5(klA 9.Zila(q nooce to OWNER and (,7ONTR.ACIOR. in accurdEnce twith paragraph 14.11 that the Work is auwptsible (exwpt as ctheneise exIussly provided in connection with Suhsiaraialf'cmtpletiou i. 6.21. ,Sisfe-�, Representative, CON'l RMJOR Mall designate a quahtted and experienced safety repxesentafive at the site whose duties and respet bihties shalt be the prevention of acrid arts quid the matntairi and surp ervising or surety precautions and programs. H(twtW Communication Rragrams: r)2- CONTRACR)R shall be respombfe for )ordirtaCutu kaw e t:lumrtge of material safety data sheets or other hazard communication infemnatiosn re4uin:d to he made available to or ewhanged between or anxvv, employer, at the site in accordance. with Laws or Ctegulafi©as. Fxtergenchu. 623. in emercrencie.s affecting the safety or protection of lxrwcxrs of the4Woik or pmpurty at the site is, adjacent llwreto_ f'OVINA(,IOR- uithoot special instruction or authriratSonitomo rh>itutl"sbl l.€R, eobliTate G3 act to prevent dumraerud klatilagie, injun osloss C )NI RACTOK shall gn e I-INOT GTsFR prompt hri kn novice iI helrcwe> that arli' wrlificrmt ch;maes In the Work or variations from the Contract DooJ ten4s 6akv hexn caw d thcrebe If TiM 'URL determines that a change in the Contract 1?oanvcnts is required b e,mxe of the action taken by CONTRACTOR OR in res p rise to such tut rntergenep. a Work Change Directive err Change Onk:r will be issued to document rhe• consci tneences of such act ion 6.24 S'hopDrtrnting, awed rtmpleaz 6—'4.1, 1't )N MAC FOR shall stibmil Sfwp O nwio�3 to t?�+rl M+ hR fear )evieev and approval in kicwr lan4e with the accepRed schedule of Shop Drawings and Sample ,ubmittafs -see paragraph p le, Al anthnuvak will he rclentifieel as l7rv(it ID"N May MIMIC and in file number ,f copses specified in the t;ene'al Racluirernent:_ The data shown on the Mop] )rnarncc will be ccmplew with respect to qun:twes, clnuetr,tons sls:cifitd tarhztntance and destgn VItieria, materiels and similar dear to shoot kV-'[M+R the matet-tais ;umcf equitanenY C(�Pn I K.lt'TOR pr, p.>,<•;� te; piw ide and to onible l,"XI O sITR to wn lcw Thu infolinkaion for the limited purposes requacxl hp Paragraph o "'e, 6'4u r'O'%I R,1C'I()k shalt aLu submit sample net F. aC;I EtgE fizz revwve and approval in acazrdatnce with sand acwpteJ Setaedulr of Shop hh t angs and Sample SuhmtitalS k: ich Sample will he rdcroifiod clearly as to material. StlIztzlier, pertuxnt data such as reralr,A inmm6ers and the ace. ter which rntineled anal otherwise ,t, I:"01'�t,SR lru° require is <nnble I ^£(31 vH° K to rct ww the iubmittol For the limited Fd 1)a i&i VKni, 0*'1311 5191a S,!!Wlf Ai"ilr Ito tt e 31', Or i'OR I C LIJASX4{ 4)11 to Ali,iNtiIRIC l 2i>rant forprau's required by paraLzrapl) 6 26. The numhers of mach Sampk to he. submitted will he as speciruxl in the Specifications. 6.2a. Subminid Pr©ecdures: 6.25.1 k3el'ore suhmittitg each Shop Drawing cv Survple, (Sa\TR.1C"TOR ,hall have detcorminexl and verilied n 25.1 1 all field nteaurements, quantities.. dimensions, specified performance criteria, installation requirements, materurh, arbilog numYn:rs and sttri information with respect thereto, 6.25.1 2, all mate rats wide re,pml to untended use, iahricatlon., shipping- handling- storage, as,,umahly and installation per12inu3g to the peri6rinanec ofthe Work, and 1, 22 I. all information relative to t't)N'fli 1CTUR's sate tesponsrhtltties in ie.jxct Of mersns, 111ethoc4s, techniques, r queiteex and prtxedures zf construction and safety pret atrtions and progrnm4 inci�knt thereto C(NPRA!'"IC)R shall altar hate teviewed amt coordinated each Nhop Drawing w Sample with other Shop Drawing and `;antplcs and with the requirements of the Work, and the Contract Documents. t '>>. Each submittal will hear a stamp or .spcct is istCaen indwation that 01\TR,ACTCrR hus sIltified CONTRACTOR', ohh6nuorl, under the Coranct Doaunent, with respect to CON fRAC, R)R's review acid approea I of that su hill ittal. „5 3_ ,it floc tune car e-ach $ufvvie, ton. C O R CIOK shall rune ENGINEER elxcdic ntten rn�t; r of such canations. if any, dyat the Shop Dinwing cr '+ample 4uhmitied tna5 have from the requirements of the Contract I)ca:umcnts, such notice to he in a winten communication sep anile frorn the •n,fanrttal, and, in addrnan. shall taasx a sped he I"_ettrriletn its he made oft 2acb Jhop D'IminL and SrmpJr suhmittA'tl !c t �trC'4 JdN1 for review and appreaal -*f each such vitiation. "'_o lr`viiC%HM will retlow full aprrovv shop Ina=invsand s.lrnplcs in 1, eordml e with rile wltedulc of Sh+:p I T wimn: and 'Sample submittal; an,eepled by I'\k-!!NB 1R as reyuued by paragraph'_'! l.NGPJ:}iR`s review wtd approval ,+ill he ovih to determme if the items e0erccl tl� the Sufamittaf, viill, alter Installation or inwrp.nanon in the, iCa)rk.. azntomi to the information _iten to the "Contract Dox,unic anal:: mny),thie eeith IQ design oonecpt of the ccznspleted Pioleet ors a Invent mini.! whole srs indreniel be the Contrkwt D�tiumcnls. T:^ trIA18R's to tcev kind appik,val will not eyIe d 1" meaner 11)0111is tc�hne.Tuev, jWep tend ar Iviatclusas of unritnu,lion fe.x:'Cpt tvf-a:rc .3 pk,rticular nenn',. methOd tcaxrique, WkILIOnCO err procedure of tt'nstrui.ti(yrt is .ynecifically and tspr '.sly called for by the Corirad Documents.) or to sittcty lirceautions or programs. incident thereto, The review and approval of a wpurarte item as such will not indicate allxovah (If the assembly in which the item functions t'CnMP_AC''fOR trail make correction required by ENGINREN,. and shall return flit required number of txnrrected collies of Sh(j) Drawings and submit as requa4zd new Samples for review and approval. CONTRACTOR shall direct sp<cilic aitcatilm in writing to reviaiovis either than the vxrrCdicm Wheel for to iT:GMER cm previous submnittals 6'7 t:;tifxtvFFiR's review fund :approval of Wj, Drawingli at Samples shall not relieve CONTRACTOR froth reslmnsibihty for any variation from the requirements of the Contract I)ocumunts unlenxs ("0',;TRA( I Ok has in writing cafted ENOV.D:b:R'e attention to cash such variation at the time of submission as required he pxteagraph G_s .3 and 1 trINEER lute given written nplxoval o 1, cach mach variation b'v a specitic written notation thereof inxortxxatcd ar the Shell Drawing or Sample approvals nor will any approval by t,ikuiNt,,F'R relieve CON I'R CI ()R f€onn tvsporls&Llrtg for enmplyintt with the re:Iuirements of rower t ph 6? c l 628. Where a Shop Dnawing of Sample is rcquiwd by, the Contract Documents or the °chedule of Shifi Drawing and Sample submissions ac,vivcd ht l:"Gi\'FFR as required by fmragraph 2 t)any related Work Iei formcd prior to l-N d V'FICs rat iew and approval of the perritnc 11 submlital will hr at the -„)de eynenw and responsiliahq; of CON MACTOR, Continuing the 1Lim • 629 CONTRA( IOR .^',hall etas on the Work and adhere to the progrem schedule tdurinreg all disputes or disngreenneants %vith Oik' 'Ek No'Xork lbal I be dedaved or p«stpimed pentlitg n ;olution of any disputes or dnsa *iv-eluonts, +xcgx tic rernuttc*tl by pa,.,graph is s of as OWIILR and CON'Fh.1t'b)t nnec cAhercvise apee m wr iting_ 6.30. t;ONT2-1CTOR's General Ila maty anti Umarantee: (1.31,) I (' ON FR1CTt )Dt nva_s rmmand euaraute� it) t: tilR tNoilNFENavxlVNtrt'skFk'sCovnmiltants that all ftlnrk will be in aecordame with the Contract Dcxumwnt�' anti wall not Ix d"teeleve (' )NI R>t.IT)Ws uarmnty- sand eustizmtee lx•reunder excludes dcicchs or td.tmdLIC stustxi by: Ci it).l.I. abu4e, plod l lion or milivoleT maintenance or €ilseraison bt persons other than t;U\ its la `IUR,o: SAtrphe s; or 1.:.- t;fii'llill tV ear and tear onder mormill U Sil"C' r;.si =. o ^t )- tk AC l (ik_, obi"tganan w petforrtn and cxrmplelc the 1FOlk m s'rcnlar.c with the r'.coantract I s:,curornkF shall be ahcolk1w car of the iotk sing. kill ckin..,Anute ,in acul,umce tit %k irk that is not in accordance with the Contract Documents or a release of ti'ONTRACTC)R's obligation to perform the Work in accordance with the (tMtrict Documents, 6.301, L observations by ENGINFER: 63rt:2.�, recommendation of any' progress or final Ixtyntmttiy f tiGIN P,R, 63o.23. the issuant of it certifncatc of Sutx,4antial Completion or any payment by ()l1'"<ER to <A)\TR A(,''TQR under the Contract Docunrerim 6 3f) 2 4 use or o ocupmvu of the Work, or any part thereof 1w r. ANIiR: 630 ..i.', any acceptance by ()6 NJ—.;R. or any. liulure to Jo ,A): 6 3 i _.tit, any rcvim and app oval of a trap Drawing or Samplesubmntal or the isuance o'a notice oC acce'litalatim by 1"N( NF`sf R pursuartt toparagireph 14 l: it-10,2 7. are, inspection testor approval by others: or 6 30 2.8. any o i n'et;tcm of (k,&Clm e boll lw t)b1T,FsR_ tndenutiftcation: 6.31. :l o the fullest extent permitted by Laws and Regulations, CONIR. (IOR shrill indemnift and hold harmlei�, 0 WNF,R I\t1F TIER, 1NGrNFiIR`s Consultants and 1tR' ofiiceilt, directors e.mploversi agents and oihei conmdlants of r ch tind any of them Cram and against till Claims, eostl. lasses and damruces iincludirti, btu not limited to, all fees and charges ur eriguncers, architccrs' attorneys and other I ofas i anals and a1} coun tx ari+mation tit other dispute resolution costs) caauu,d by.. an'rIrig caul of or r"Ilkliv from tit of the 'Volh, provided that any' such alarm_ cost loss or damage- ii)ts mtnhuutble to IYAdi myuey_ sickruss, divaGt or death or to injury to or destruction of mn4iblc propem= fouler than the Ivor3, tracer), 11"U'iing die Ins of ttse resultmL therefrom, and (iii is caused in whole or in pan bg ism nw liss+enf act or onlisition of O S I R.At'7 (AC any %ul"Co°ntrackr, any Jupplier, au) fen"cat (r ofgilmiallon directly or indirectly emplgyod by any of them to lx rl4in or iunaish any- of the Work or anyone for tshiv,e;rots am of them nwbe liable reanllcm ofu-hethtr or m71 taWWd in pert tw ant neahgeriv or unntasnon lti�a persgn or eniny lndcnirnitcd hU'retmder or whether linhilav v- imposed upon :inch indenwidEcd pan In Law, and Reguttmom reeardkst; of the noub-nonce otam such pereaxn tit entity t,.32. In iny' ax! till ;:lane azatnst 0%1 ,\Fk or I 'CEIa sI DsR or env nt them resl,,"nec€nsula.mis aeons. officer;. directors of employees b} anP enrplotee for the ttm>tt"ar or bermnal icprcaentafive of such ernl+toceel a,i ''J:'di'k,�"1'UR.. an} Suheontractcs. m sur'Aer, any pem,n v orglininwon dirllctly or indirectly eniployed by Fn vt ai.3a.�tt t`ruttl,"?lte;Y(aVvot+dl6wt7 17 w (tR'�.3F FtsRI="�itii�s VIVl �ttl<'all+4SIR I. 1'tr?utttn the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. 12/03 Section 00100 Page 3 any of them Jo perform or furnish ;any of the Mirk (it anyone for whom acts any of them map be liable, the indemniEratiant obirati m under ptuagrsipint,31 alnall net Ix limited in any way by any limitation oil the amount or type of diunagea, corlipe u fion or benefits payable by or for CC)_N TRACTOR. or any such Subc nnttactor, Supplier or other person or organization under workers' connpeasaticm acts, disaabrhlya lxatefit acts of other employe howfit acts u 33 "Ili, indemnification obit mtiwn s, of C ONI'RAC TOR under watragralih6 11 shall not exiend to the liability of ENCY NEER and'EzNIGNFT.R's Consultants, officers, director, employees or agents caused by the pnafewsional negligence. eriors or omissions of arw of theta Sun,ival of Obligations,- 6 4. All representations, indemnifications, warranties and guarantees made ht t equired In yr gtv°tn in arc rtiiztne� with the Coramor 13oatments, as well as all Unilinling obligaticros indicated in the C'ontraet Do�um eats, will vurvive final paymeet smpletion and acceptance of the Work and term ireatirnt or completion of the agreement ARTUTE 7--0`111ER WORK Xelat'a Work ut Sher 71. (AVN'I R may perform other' work related to the plojc t at the Hite fir Oit;ti'ER'; own force or let other direct contnuts therefor which shall kxsaa n General Conditions sauna, to dtcw, or luive ether work performed by utility owners. 1f the fact that such other wvtrl. i, to he perrotmed was not noted in the t`nntrncx Ikwuments, then- tl} written notice thereof will be given to CC_A I RACTOR priov to starting anp such other work and (li)a `a v:x7RA("T't,aR mxav make a damn tiverel6r is provided in. lUdes I I end 12 it t'41 RAC'fOR behevv�, that such performance will hole adaliticmal e:epenw to C'ois,'IRACrotkot-rtquaesadditional rune.wad the part.ias era unable tc agmo as to the umaunt ox extrni thcretd- 7'- COIN:TR ACTOR shall ailord each other contractor who is a party to such a direct contract and each utility owner (anti (AVNER if C)U?1iiR is Inerforminc the additional work wuh i AVNJ R's employees) proper and of c access ere the site and a reasonable oppceu.unay lox the miroducticti and stcxage of materiah ,and equipment and the exectticn of such other wutk and shall cruperly eonnei t mid : xvrduva e the wh'ork. with thou, I nle�, oihcnw iw provided in the Contract Lkuments. CONT RACI !?R ,Itidl do all cuttingfilling and latching of the stork that mac be rQquircd to make its severil Imnc come 1c,g2ther properly and integale with surh tether wv,rt. t eYs I RAC 'k r1Z shall not embriger ant work of others he ctntmig. axunaum<g or othenrr.:w alterugz their work and will only cut or alter cheer wodc with dw written convent of ;r HFk and the other; whose work will be affected. I h; duties and icsponsibilities iA CfA YRA,'l t',R under to fraragraf h are ter the Ixonefit A udl utility ow ncr and other comttmdors to, tire extent that t5crr ;Ire comlxarable Ism I)I C ENERAt t 'xDl 11, AS Ill s 4',t91, E vul,ael IT we:e11t OFR*IwOtl,lAS nth6711clI to?. rRi CI PtfDll provWloiv, for the locrit of Cif'x:1122AC'"ftwR in said direct o;crantctshetween OWNER and such utility owners and other contractors. 7.3 If the proper execution or results of any hart of CONTR CTOR's lVork depends upon work perl6iined by others under this Article, 7. CONT RACi'OR shalt inspect such other work and prolmpty report to ENC I TFR in writing any delays, defect; or deficiencies at such Cxlxr work that tender it unavailubie or unauitubiv for the prop r executicm and results of C ONTRA('j QR'a Work, C(iNTRAC'TOR's Leilure so to report will constitute an acceptance of such other work as fit and Proper for mtegrution with C(.)NTR_AcJ'QR's Work except for latent or nonapparent defects and deficiencies in such other work, C oordaatioa: 74. If (A),"NHIZ contracts with others For the pLrlormamx of other ,voik on the Project at the site, the following will be set forth in Supplementary, C'ondalons- 7.4. 1 the person, firm or corlxxatlon who will hove authority and resfwnsibilfh fix coordination or the activities among the various uennactors will Ix identified �. 7.4,2 the spccdic matters to be covered by >;uela authix rt,- erred tesixnnsit dity will be itemized, ern: 743 the estent of such authonh• and responsibiliticswillhe-providcd. - 13n1ess otherwise prewvidel in the Supplarvcnsnry Condluons, i;AV FR shad hove sole authority and reslxinslhtitp eta respect of sloth coordination. A,R'riCLER--O\VNEIR'SRESM Sf13lLITH-S kf. t `a;epx a5 otlnarwisc hrowtded to chase 13eneral Conditions, O) V ER shall I .sue all comrnunuatert; to '('n fRA1 1T)k through IN(UNT ER. S' In care or termination of the employuuot of litiCrl .I,I:R, (iLVNER shall appoint in encineer againet whom t thMAA ] r tk mmk<Y ne reasimmble ub_je anon, whow statics under the Colnu,nca 11r>w,unaents shal# be drat of The kroner PN(;TNFFk 3.3. Cw.l J-,k sfuill Corn_h the ikita rcgmn�J of TV' hR under the Contact DoCunwrits poinpily and shall make payments to COV I RACIC_IR 1 iornptk wmenn thev ire du a> prrn "clad an paragraphs 14 4 and 14.13 Z;9. •'StNER'sduties in reslreet of presiding land, and ewmilena al.1 Inovrding ervmcwrin w r a; to eswbhsh n+fareri [aims T, xt forth in pu i_�.ratrh a I and 44. Partuaph4.' refers to i 7,1 Xhk`, identlfeina and makult Iivailabl, to a O .'TRAC I ( At "'pies et relxhtts of exploration, and rests of Wbsrtaee'on'liti!y, at the ,ite and chit .nos of phy,i-;d eondlt .,; un cvistinp structures at or ix?rttigtun 3, to the site that have Fxen utilized by T Nti'(;INET R, in preferring the Contract poaxame.nts Fib_ ._±��'i+sit'�r�vtm>rvwlti{Fie•;tnrc�r�-t-ut�rrwclursin� a h l-ene nFtrut ng l rf ill+! - -pet iaerir irri a ca nre,_se4 forth in pars raplv% 5 5 through SA 0 5.6. C)lVNER is obligated to "coutz C'lha Tao t tilers as indicated in paragraph 10.4 1t 7 Clt Wt ,R's rdgxansihility in respect of certain Inspections. tests and approvals is set fortis in Ixxagrapih 12A 8 In connection with t AL Nkt%s right to stop Work: or susfend Work, sec rnragraphs 13 1-(i and 15.1. Patawath 15.2 deals with 0XV.vlaR'5 Tight to teunmtAte services of C OENT RAC'FOR Linder ceriam circumstances. 8.9. ']"br OcIVlI,R shall not supers w- direct or have Qontrol or authority ova, nor be resporvablc for, CMTRACTOR's moans, methods. techniques, sequences or procedures of construction or fire sates} precaulkiis and lhro&<uns mrdcat thereto, or Car any fatnre: of CONNIRAC]OR to comply with Laws and RegulAtiOns applicable to the fmnishmg or performance of the Work_ OkJV,vlaR will not he, responsible for COVI RAC rOR's lailurc ill perform or Ibmish the Work in iwcoi once with the C'cntracd I7da umartts X 1(} O1ti vhR's rospik-MOxlity..in respect- of undlwk sed ,,bastos --1?b-4 s,-...4Aetroloant--1d vnaukau6--1), a+& —err Rki,hotta4itr Miitetitils-unkAlvered-err rw-etded..ai tier ate I,, sat hxfilr-in-larn~envph 4 S �-}i--F$-ami-ti�Fhe-zxtent-t�tlA-�T�;{t-lm�.-+n4rc�cfEc�€tsttx�ih h"c�'� l lk �"Ft�R--rm+sixa,-- cew+kkar - ti>£u tanvatxhial 3atan�,tnents have 1>,"n made- to attsh s rt ' LR', (Arltean,ns- under-f#te Contetrot-Documents, ? 1,14., R'S a p soil t ,eh renfvoi vhenh f will be ere: set-f ash ai the '3aplh4cvtratiteuy d'cvxfiiions ARTICLE 3 ENCINVE:R'S ST1T1'S DVRFNG c,owrizucrioN, ptF A ;R's Representative: 9 t F'vlts.Hik wall h, tMN1•R's repte-Kntatie•,� dutang the don,&twtwn period_ The d'aics and rd•srn,nsibiIIties and the I€ nlaati,ns n1authority of ENT[ F's,FFR ,is O1N;\F.R's 3epresurtative dun3g; d t>nstruciian ire SVT forth rn the C'dxhu id ),,senates and shall not N extended ttithout wriTwn -nnsew of t ,Al'� :R and I i ifs to .Site: ,ems. ir\rrl'..J: Rwill make pisastothe site atintervak Tfropriate to IN, v raw. stags. d=t LOI Rectum as i „i I\E R urehns n". s!iA.an in urdcr e, otM> c ;A,, on experienced andl qualifi0d design prole.sicrosa the 1-r.,gre`~ I J 'I5l'SiJr'""tl{ VI t `i.'Nt)1hla !l J4tO,Y iP)ln FrEgsati a 0iA OFFrI:I 04.3.V�; yb I1nK':A'I1 A�iR3', 1?Onia that has been made and the quality of the various aspec, of CONTRAC OWs executed G1�ork Based on information obtained during such visits and d*xeervations, E TGNEP.R will endeavor for the bc^nefst of e A4NER to determines is general, if the Work is proceeding in accordance with the Contract Documents ts.t,t\P':FsR will not be required to make exhtrustive or continuous on - site inspection; to check the quality or quantity of the Work lNCENT•.T;R's efforts will tx directed toward providing f x OWNER a greitcr degree of acxifidence that the completed Work will conform generally to the Conuhict I'tocurvents. Can dx basis of such visits and on - site. otX•etvations, ! 'N I\r14[ k will keep t )W• V'k informed of the prcgres� of the Rork amid t%all cneavor to gtt<ard tri*NEX against d�.teern•e Work F \.t'ri`d iE s visits and on -site LIK,,rvations are subyct to all the linuiatwas un ffv`GINLER`s autiadxnty and restxmsibiliq set forth in paragraph 9,13, and particularly but without linutatum, during em as a result of HNOI LER's on -site visits or observations of CONTRA( -rows 'ii+ivk ENtrl\'EER will not supervisc, direct control or have nufhcmty cler or be revp`7ncible for d'()ti I'RAC i)R's mean& methods, techniques.. sequences do prtx:eduies of 'onstructkm; or the safety prc,';auttorl'i and rmwranu incident thereto, or for any failure of CONA RACI OR It, comply with Laws and -Re ulationv applicable to arc furnishing or perrormancc of the ti'orrk- Project 12epreseniar ve; 3. 1f (AVN1.R and I•: U[Sk•.FR agree, 1'. •.t it's LiV } will furnish a Resident Project Represom:ative to assist F'NGF`,sFi$R in podidurg more ronrinuoue ol)• etvation A the Work i-he responsibilities and authority and limitation; thereon of sop• such Resident Project Representative and [assistants will Ise as provided in phragtaplit, 0 3 any! 9.13 and ur--tltG Sulry?lrntieruatti Conditions of music General Condition.: If OIArM[k designates another vepresentaine. or agent to wprement OWNT.R ut the .tote who u; to t F"ti�P �1u ,i2's t'austrlt5rn. agent o; einplo,ee, the ce;ponsthditiesand maltarity and limitations thereon of etch dxher will leas provided to 0ae-,*nr4)IvauoaAtAy a'ouit of plimariph'#_3 ofthc,c General Conditions lithe ENGINITR furnishes it Resident NL' ext Rkepr'iscwanve 33tfK) or =.ahem ,As or IF The t)iC'+.Lk de 3unilesa lteprmscnlalice tr algcnt_,311 aspmeuled urp�uaartyH hh tt of li, elena t onditions, these hepreseniatn e: shall have the authority lAnd limitations its provided in paragraph 0+.13 of the Otalcatl C o-nditteyis Hod shallots sul?wo to the tolluw lair.: 0.3.1, the deafings In nhauers peTlaiwgg to the on-vitr atcrrl will, in tens ral K, a nh the I-Vt_NFA-R and cIAFKA(,fl_)R P_ut,_tile iAl+rc u^rrutfiac avdl hecp the t't�l �I,l: prol?erf} txhiwd arhput such maueri the R�pr, enttnve's ttrllrlg�i u>#41SuIxdnirrea,rs trill ('111% 1v Ihn,uch or w'1 the lull knowi.:dige and mil p s al of the T., I R.1":'I OR. OU lei Atli Re I'via36o6nes� Representaulu will 0 ; ' 11c4tedttiles fieview the fryyrr� si:lXdule and othtr w.hecluicrs, pre.�zt..r?nl by the COIN R CTt:1R aml cPIrm.._with the 1.VI 'f ccnetrrn gatcceptabli ; 90(:unlcreixes And Ltect n} _, ttcnJ Liee i _;eith the t't:7tiT[2AC"C(7j2 _such ns pree nstruction conferences, progress rncetings n}xd vthger jc?b evarlerer,rta;s arxl,_.prt are, ai)d wwlatr civics oC m unites of 4nectL%'s, o 3.2.3 I'mis nt '? 3 ^.3.1. Serve as FNGINEEk'S liaison firth t_ta;slR,�t'701�_ttiorkrt�;.yitu._i��IIY tlrm%4( tQNIRK'TC)C2S_superintendent to assist the CON TOIZ m unricvstandn , iha C'vri act L)arauneuas. 2 3, Assisi, in obtaura!Ogpt t)CK,' hR additional details or irfonnation, when rcgvrtretl. lur,3xt wr r ar.utoon of the work, .. ; 3 Adl rsechc. f ;N 'IN.t,KIZ arts t'U'*,J RACTOk of the commencement (if vanyy Work requirme a Shop. Drawing or s rtrt}",ic_xubnu.,�stt7n (_>.h� Yuhrtt i-s.51on f)as, nt7t hem approved hN the 1st(; NI-.I;h. 4. i " J fsev rcwa' Of u"otl;,. kgeCtion o1" tletectirc. or k, la P-Cctions and Tests olt 2_4.1 Conduct on -site observations of the R'ea h in+7� n is t_ei ;}vgrst tht E;'sr i l"� I;IE in dctrnniptna that the, %Vi)rk is prnarcdate in ac xvlanec wit!) [[te(-`ont a t C:Rx:+�tnents a4Relx�t.,_to the W'Alr°F+K whenevet the Itepre,}ttatne h lieves that ifas Wok is ttn. ttr,Gtcirtr.�, faulty or dereutn e or dog not c<nahxm tom, the t`Cimract I ho uawais. x Jtas then damaged, or Ows, not meet rile tequircments of anv impectiurvs., tests qr approvals roywred w tie nladr, "Ind adore qv 1 (ANV R Acn ire believes wc-A should he conc'ctrct or re-jected ol should tv uncocetcd for obwmalion m requires ,pucral teaYin[, inhjvc ion or, apVnvval' „3 ':a?. Acconvany, visrttng.. mspcewrs rep:cxntytj�,public orpthei igcgiiws hatate jurMIR11011. ever the Protect. record if e rrsufi} of dic^x mspcwtiom and nyurt t, Vie y.l :_ 1 Inteipreta mn of C mtril l Dh�unlmis. _ Repirt to (s.t,I' ""}.LR w}twn clank aimn and imegx�!auons of the Corarim Drwutpents iN neeeled and transmit to 4'R l'f<lfr dariicatton a inwgxciani~p of the C miract Dmument, ,is mmu,41 be ihr :t.3 p _ �ludtlice ems. ,Consider and ec<tlusitr CO, 'I R tC TOkS iuosse om for LI , ial A!Far 1, ,lsl"Iti)s", Ul 4,1'1"�. ke4n+2a "t' m't 111 vr'!'cl3il r(EL1,I V,`: bik 01H nxui ticauon to Oriwmgs_or_3p cdreations and repon,,tht rcxmm�enrhthon+ toj--,N ;f?s li4t r\aunttel3— transmit to C NTRACT_ OR ckcisions issued R th. VYNFj 'F.E Z. 3.2.7, Rewr4s, 1)3'.$ Rqxuts. ci ; 18 l E'urrmrsh l`NiJl` EJ:R penodic retxnae as required, of the progress; of the Work and of the C i th Tf 1C;'T i)i?'S cox pliaw" -Milt the pwgrvr s ahedu�a aml st'}tedule of shop Drawing and simple suhm ahi I ;. ').3 -' R I Comlilt adtit itr adrancc of x,hedulut, major.. tests. ms;x' Awns or start of imp,,jt ntphatsc, or the Work "`3,'.5 3 t)ra(t ptc}pcmed i;lliutgr f)Iders and orl. I )acvnve Changes_ obtairtin,. fiihkup materiell from the,,, R d h.�C i t d wcommmif for 1,''UfM-"Ek chang at, . e oriders flat>31...t )irociivc . 'hanae}_and field C4 t1e C1 4 kepw mimtdiueh to Siff ,I''f.ER and OWNER the ocuaremc of n4 a'rldcnt, +;, }'a%meat [jcqucstc [ir�'ietV applicali_-ns t'r pavrirsnt wtth C)VI kAU I OR for complmnm vatth die eslablisbvd procedure for their suhm iasio`i and toneard with reconintendation to 1�'>sCrllt;]Jt,_nsttut}; p,ut4ul:trlyJhe,rclauonshi� cif" the pnmem retpoted to the schedule nl talurs, work conipIcted _said _materials and NIAWrlent ckTntrccl fit iitc site brit nca inuttictratsl in the tt'cxR, 93.E 11t. Compleut,n 5+.32,IU:1 Before 114t,1`�;FR tvsues a Certificate of Subsuattral Caanp[ction, suijut to CONMACTOR It list of observed items re�irt� �oaectian y�r cenupletion `t311o, Co net final_ t_sfxxhon in the comfi rly_of the 1 N6I, I-+,'R, (WNFR and CON pteixtrc a_tinnl �lust of items to t'7 eurrectcti, cats let 1, _lit_: hte;v_ tf at all Stems on the fimtl her have men corrected or <pmpleted and akr racommeniRion to ENUINT, _. _ q, 3__.(_t4nrrAtton sf_tuthont 'the e rzaenrplrce shah not 9.3 3 1 ;tuthorrre any deviations from the S onn a..t f'h_x;unent�; ug._ Ku�etx,.. uL +lulxttaut laweltals or cspippient, unless aviVItzed lad the 9 ; 32. kxcced Inintntxms of f NGP,1•.I;k'S aylth xih rs ;ct krvih m ilte t mtract L?oUmnelm;_ 9. , 3 : I ndcri a c any of the responsil�3hhew of the CON-0 AClC?h, :iuhcuntraelor" or CON" TR Cl'()li'Ssuperintendent u, +4 advise fin or_i.aw drreGjlon> tel,lio to. or asstmne control tax et any, .asp(fct of t1w mean•, metho,k, teem iquw;k sNuence, or tito,edulcs _toil <<)ttsitustler artless Such s stxcificnlly called tic in the ("ontraca i)ocumerxs. >3.3 5 Advise on or issue directions repxlutg of w:,ume... control or et xlletr nrecautmns and PTOnrImtt. in connccti;Ins with the \1Y,rk 1)3 : r, :accept Shun. Prawin s_ or Iampl ubmattak: i>sn anvo it eaher than tie MACI OR Autlxtnx to x-cnpt the Woll, In II hole of lll_pIm� 9 3, 3 x Participate in. speciali&d field or I,My, Icon' tests s r msrgl1on corldn:ted by others c^xsept_ as. t eslflealle Mahoraaca 'bo- the k�' :lltif>kh. Clarifications and Lttertrreta6nns: Il4 fi,4rlF_ l.hlZ aIII vY,Ue u'itlt •ease,nahlc p,wniptncs, inch written clarificrtions or mrerp-etntiaans of the t toPCG6:';kit tl Ct `lit"I I ONS Saws At 61 @dlL,xl. e (11) " F I OR 04.L t\S' NIODttiC•il P",ro 1R1% €?U(ttli reglurements of the t •ontract Documents (in the form oir I:nAwmas tit otherwise) as f N("INEFIR may duterm vie necessarv, which shall be consistent with the anent of and a s nnabty inferable from the Conmiet Docurr ents. Such wrinellclarificationsand Interpretationswill bebinding on t"WN" R anti 4't>NTR-4t TOR. If OlIV ER or c"OINTRACTO R believes thtu a written clarification or integ)tctation y3stilies an ad{ustruent in the Contract Eerie e or the Contract Time:; wild the liarties are unable to agree to the amount of extent than -A if any, OWNER or ('ON7 RA ;TOR may make a written cla6n therefor as prcn°idt:din Article I I or tvticte t? ,lutharrr`zed Iirriationsin Work: 9.3. F_NkH vFd?R may autixm7c minor variations in the % oik tiom the of Rk Cortina Documents winch do not involve an adIustment in the Conliact Price or the Contract Tinies and are compatible wish the design concept of the completed Project as a funaitvnng whole as indicated by the Contract DocumentsThese may l>e accomplished by a Meld Ureter find will be, handuA6 on 0WN'.kk and al% son fY)X'IR1Cr(3R who shall peuloral the Work Involved promptly, If t3tkr NtiR a+r C _N f RA€'16R believes that a Field Ordcrjushhrs an aadjustment in the COntrac4Price or the Contract Times and the 1xinies are unable- to agree as to the amount of extent thereof, t>Gl VR or C(IN,TIROC TOR max make a wiinen claim therefor as prov ided in Arhule 1 i or 12. Rejecting Defective lInA; s; 0 h;+61%,LIJZ teilI have authority to disapprove oreject M4 %iN h FNGI?sFER befickes tII 4c rkleclne, or th a I"NCNNFE'R hcfieves will not produce It completed 11'ofe,l d„fit s,:onlorllls to the Contract Docsilnents or that will pejudice the intcgray of the desip concept of the completed Mojext as a fttncti firm, whole .is mdu.ated fhy the Cattract Documents l , NFFR will alfn have authonty In reymre spes�lztl Inspection or t sTin>g of the l6'c,rk as lacroidCd In partLVIranh 139. nahethel or not the Work is tabs milect Installed or completed Strop Drai+$rgc. (Waage Drder.c and Parnients %7 1,1 comxxrion ivitl as to tihep lhalvings :Ind Samples see paragraph~ o 24 Ihmugh In connecuon frith hallAIJ:Ws authority as to han�e{)rders,: e.;rlitlrs In, 11. wid 12. 5.9 In connection "Atli 1 UE',7-i;R's audhuly xs to Apphcauons Lot I'tnmcnt. cee trade 14 fleternd»atirras j'ur t'nir Prices IA Ill EMiE'•0-,R will ckWitnuic the actual quantities and oamifimtion; of ,'nit Prtae Work performed be 0O':,1 i V I OK E:"(.WNf ER will review with f1 1R\t'I-A}Jt iltc t v}(lf kkR prelminvIT +Jewinnnuwoni on Such matici4 befon: ren lerina a »rittcn declsi,,n therein M reeornmendation of fill ApplWation for Payvnrom or otherwise) KNUI 3E R's written decision thereon Will he final and binding u}sm OWNER and ('(')\T RA("r(-R.. uralm within ten drly> sifter lire elute of anv such decision, either l ASNER or ('()`.v`I'RA(70k delivers to the other and to ENGINUR written nohec of intention to a el from I TNGIMOl,R's cicisidn and (i) till appeal from i IGT\i ERs decision is taken y nth n dx rim e limits and in accordance with the pawedures set firth in ishihit Ci('-A, "Dispute Resolution Aereeme t", entered mto between 0XVI ER and i,01VfFLAC''TOR pasumi, to lrticle 16. or (it) if no such Dilute Restilution Agreement has been entered into, a foormal proceeding is irmituted by the allvalirra party in a forum of competent jurisdiction to exercise such rights fir rarwdies as the appealiN p%un may have with respect to }".'vt,T,tik it's decision, unless otherwise agreed in writing lay ()1A'vd:R and C ON fR.ACTOR Such appeal wild not he subject to dire procedures of parrigraph 9,1 1, Decisions on Dirpures: .t € I fn',dt,l^'tiled will be the initial interpreter of the oafaiwments of the Contract 0ocumentc and jutdste of tlic racrptabi,dit} of°the Work ihcreuruler Claims, disputes and other matters relating to the acceptability of the Al'ark or the interpreirititm of the requirements of the Cceitract ;), vtmrnt; pertaining to the performance. and fumishin>g of the %Rork and claims under Atones l I and 12 in re�,Iicct of diranges in the Contract Price fir Contract Tune„ Will be retened initially to F\GINFr.11R in Writing with a request €or a formal deetsion in accordance with this paraigraph. A ritten notice of each such claim, dispute or other matter ill iv debvered bk the clainiam to F'\`GT?yFFR and the other party to the rAgrcenicnt prcvnpth• (butin no event lrnei than thirty days) after dit saan of the occurrence or evmtt giving rtsa, thereto, and Witten supporting data will he siihmaled to tiNGIWk and the. other patty widen stem dais Sitar the smrt of such aucutrence or event unles t 'sU{'�:It1iR allows an additional }*Todd of time Liar the subzu rsipn cif additional or vlow aeoaate data in ,Upon of such claim, dispute or other matter I he opptnittg, patty shall submit and response lo I:NQC%Efd4 and the claimant within thiry. dayr> after retetft of flw clallnanta knat submittal (unlc,w FVIIKFIiR ahoas :additional untei t 'roofAIsLR Will r<ndfa in formal dec€sioa in Writing Within ihtny daysaturrcceiptoafthe af1f)olingparty's&ubmnIlal,it ism m aeoxiidkoxx with ihta paragraph 17_ fll'�.JIR': urnien decision on such chilli. dispute or ocher matter ycill final anti bindinc kiwi ta\A".CLR and 4'()N'VkAi'I(A unPras Ito an appeal from L"'.QI_NE'Eks deasiorl Is taken %kgfon the time, timits and in ac, ordance with the pi,occdures ;ct fcrrttt In k'4HINT tiC-A 'Dr'putc k0N,1iuti0n +moment"t cntcWd into f cfween (AVNFR Snot ('( )\ I R,V' Fi)R pursuzint to Artide I u, or jii) it no such fhS7nite Rtsolation eAgrecment has been entered moo, a written notice of imer lim to appeal fn=m wkrawn decisaon a; daljd ored lit C,)W".LK or f kA(`I tt )k to dh'e cxhet and t r T,'r'+ l IM1.R withal Ihatl 'k*s oiler ale dick A such dc:riion and s rcrreal pr cdedtine is tnitituwd ht Ili appealing ixtrty in i [Omni of it mpetenk IurlsjiCtiotl k €xcrciSe :rnCR ngh i GC rerttelheS aw tote apjr lnrt*, pnatr nivv harc "icli tesP� rt to Ali h Claim_ dtsl;otc or Awl- naltcr in itccdsrdana: y+uh apphi ablc l.atss find Regulatunn^ within 'EmY t&W,, ,�t the date of such t=1t l) c,f ,�f-RkL 'd�1ift lri:;6>Ut h:2k>l�t rbrk:n;r -- ri€il�Uri'i riff t'dr{a,1 MSMtdln p'V €Gti>(RLL I2tCp; decision, unft%s otherwise agreed in wound: I }v t? N[` R. and C U\7 RAt rof?- o I When hinctioninrt a, interpreter and LXL--'e under paragraphx ,1 and h,t1, 1\t:;1'_ E& will not show partiality to C)tk`\GR or t'0N'IRACT();R find will not be liable in eomiecuowa with any interprouniwr or decision erode xl iixgo ni Edith t titch cap Ag_ 'Cie renderdv of a clecisrn lay T�GI"'SIiTiR Ixnsuant to parrararaphs 9.1+) cr 9,11 with terrpect to any such clauu. dispute or ether matter (e;xLpi am which have been waved by the makin_e or ac ephmn e of rural payment as provided in rs+ntgraph 14 1 i) hill t'v a eondtion precedent to nny etia�cisi. by eattr^aEiR or t'Q"v"l Rrki "TC}R. of Sut�i rights dt remedies as either mfiy otherwise have under the Contract Documents Or by I,awa or Regulations fit rtsIle*ct aF any' such ctuua, dispute err rather matter Ixrrsauru ta:4rtivtrd6. 9,13. LinritutionA on JfkG7N Ill's Authority and Responsibitirie , I 'Neither ENOINE'E'R's authority, or reslnioSibilay under this Article 9 Or uttclet amother provision ofthe Contract krurri nor am• deaaston made by FsNtdlNHM in yo xl Earth either to cxcrcistr of not e.Rercisc such auditory' a na-pomm iilitc or die wndenaking, exeroa e it perttxmance of any atahonne or responsibility M P; GI I F< snail creole, impow or acre rise to ony ditty awed fly 1"surVrlifR io t'( NTRAC I (}R, any Suleontractnr_. any Suppler, mty other parsan or organrratitak or to any surety for Or employee or agent of any of than. Sr € . ? G;cti IN € UIi will not aipory ise, direct, cruatrol or have authority dxcr ear tx responsible For r ONTR VITORs means. methods techrua}fie so,yud,ndxs or Of uoruhuct.i rid or the Sa(e!LV hrecatniorur and pl`Vams molder t 0wreto, or for r future of f:0`,'I It ACTOI< fit comply with laws and Rvgllittosv� applicable to tl t funushir>va or Ikitonnanu of the, tkork 1"NGtNTER Will not be izsponsihle for CkYN"TRAC:Tt)k's failure to perform or lurtu±h the stork in i(x,ordawe with the i'cnnvmzt I)oautneotS. 9 1 i S F'4C)1NTI-k Will not he resp¢nWily For the ;rdtS car cvnt'saxts of or of any Subcontractor an} iupplwrl or of any oaherperson or organization performing or furn'tshmg any of the lV`ork .{ f VCilti lsf.$'s rtit deli of the final AI>7 ki twn for Paenwnt and tictompmvmg rlxiinwnlaiion and all mainterurnce and operating, ifeari.Wtions. schedules, Bonds and cenilicatcs of tncpcchort, tests and al,provads and other documentation required to be dolnered by paragraph 141'.. mill only br to dQwIntine geinrally Host their a)ntenl ;tinwphealidi the netlu emt2ts af. and m the case of ocvliIicntv� of ulspec iiory Costs and approvak That the results crni'cd indicate onnpliance with. the Co nlaa I ny;umi rrS o i; � Ilie `.minfinoty: upon nuthoray and resivrimbility set liar b in this paragraph i.l + shall. also apply to 1 ti(i:[NEl'N'., Cc3nsultanls, R "'ident Plojca Representative and assistants. ARTICLE 10-4.11ANCPS IN THE WORE lt),I. 11'ithout invalidating tile Ainueement and without notice to anv suurey, (AVINMR may. at any time or from time to time, order additions, deletions or to isiots in the Work Such additions, deletions or revisions will he :unhurized by a Written Amendrnent, a Change order. or a Work Change Pirective ('pon receipt of any such (locument C ONFRACTC)R shall p niptly proceed with tltc Wort revolved which wilt ba padarrncd undo die applicable, conditions of the, Contract Documents t cxcept as otherwise specdically provided), l u n, If ()1t tiER and CONTI: a('FOR are unable to agree ns to the extent, if any. of an adjustment in the Contract Price or an ad_Nshnent of' ale Contract limos that slmuld he allowed as a result of a I.Vork Cfange Directive, a clann may he made therefor ai provided in ;article I I or Article 1"_'. I rr 3 CoN"1'R CTOR shall not he eriuded total increase at the Ccuatrac t Price or an extension of the C'orniact "Caner with rtslxxl to any Work PCrfUl-Ined that is not required by, the ('ontraca Documents as amended. modified anel supplemented as provided in panapprplhs ; > and 1, e except n tin, case of an emergerrey a, pro` ded in Iximpr hph (i p or in the cow of uncovering Work as provide# in lunagrnplh 13-9. I H 4 0111ER and EONJRAO`I`OR shall execute Ipptopriate Change Order., rxornmendedbs}`E.strl4]' .R (or 11'raucn Amendments) covering 1%).4.1. changes an the k}ork w-hich ale (a, ordered by(AkNI-Rptrauantto11ma¢raphiCU (ii)required becituw of acceptance of dejectme Work unde, paragraph 13.13 or eotraeting delecfile Wort. under paragialsia 13-14. or fmipagreed to by the parties, i1).d_' chringes in the Contact ht-Ice or Coitrart Tsmee which rare, agreed to by the parties; and U)A 3_ daahyes ut the Contract pme of Conliaael 1 times which emhodv the suhatnCc of any written d cv,"lou rentG:recl l,. LXO.; t A-_t R pur_uaut i".s paragraphs 11: I+romied that, in lieu of axaeutirT any such ('hange ()rder, an OnVai rroi be taken from am such decision in near;lance wnb the provisions of the Contract I aax-umcnhls And applicable T avis and RCikl11Htl(1 . but during An-\ such pf,cal. {)U'c.l RA(?1'oh shall cat} )it the Mork and allure to the lhro!. , m st-hedulo w, provided) in I eragraphe� ") to 11 rwn,e of any change aticctine the aercral scope of the A`ork or the proves ore cif the O'ontract faocuntem-= I 1 thr c.F'-+I I it cd��lJCtl„yS t'ito,it C�wr k-t5risgar ,a r'i i�r (iF l � 6? I ="i g,i.t\v ill I>tt=1c'A I IuxS ikt-4 a'ooUh (utctutlutg, but not limited to, ('onttax Price or Contract Tin cs) is required by the provisions of any Bond to be - given to a surety. the giving of any such notice will be N) tTRAC'Tt312 s respcvtsibttity, and the amount of each applicable Frond will be adjusted accordingly. ARTIICF, II--Cla,iNGYOPCO\TRACC PRICE 111 The Contract Pricy eamtitrnes the total comlmisation(subject to authorixt! adjustments I ITuti-ahk to CON TRACT UR for per ka-rung the Work. .A11 clutiex rastxaaasaahues and obligations assigner] to or undmiken by CON RACJk,)R shnIl ha tit C,0NTRAc F(*' expense without change in the Contract Price. I . The Contract Pricc tnaa only be chanced by a Change (Klee or by a Written amendment. Any claim for an adjtstment n) the Contract Nice shall he bawd on cviaten notice dehterc;d by the patty [Waking dha claim to the either pam and to ):NGl.` FFR promptly, that in no event later than thirty cknvsi after die start of the iv?ourent'e or event po-vig riso to the, claim rand ;using the aeneral names of the claim Notice of are anu,unt oltile clairn with suppxtitg data shall he delivered within stay Ohs ,; Awl the ru'vi of Oct)aoccurrence of event {unless F",'OI �FFsR ai&ousaddttiutcal tame liter cl nano to submit additional of rune ;tu.nr'ate data to 'allapori of the clnana shoed shall he acsompanred by claimant's written watement that The adjustment, named covels all )shown amotmts to yvchtch the c1jarri m is enutled as a result of said cs:currence or event- at chains for adjrstment in the Collaa�l Price shall he determined by L�(MIEl.il< tit ac:: rdam v with paragraph ti I i if C al1 \1=1, and t %< y4 "(,13JR cxnncat o,dleiwlsc aarev �,h the amount invAt:d No Arvin fi-r-an adiwitnent in the ,'m,raci Price will be y'and if not submitted at accordance, frith this Finagrhph 11.' 11 > f he value of any W(t k covered ht j ('tear e ttrcicr or :+7 asn, claim for an adjustment in the C'ontruct Faux wilt be da crunned as IAI,nvs- 1 1 3t_ where the Work involved i; covered b} unit pots', contamcd in the €'ontmc.t l),amnotri . by 311pILCA10tr c.t >uch train pries to the ctumnit C,s u} the items uuvheck (;uhirct to the previ%,ns A paragraphs 11.9-1 thnxtgh 11.9.3inclusive). 113.2. where the Work involved is not covered by trait prices contained in the Contract Docrinnets, by t mutually agreed paymean basis, including lump stun which may include an allowance for overhead and ptrnfit not mcexsarily in aevordanet with paragraph 1 1 G 2) 11.3.3. where the 14ark invohed is not coveed by unit prices containtd in the Contract Documents and agreement to a tump stun is not reached under paragraph I I +?., on the hnsis of the t'otit of the t1'ork tcleteimined as provided in parapgap>hs 11.4 and 1 I.Sj plus a CONTh_4C OR's tee for overhead and prolit idetennined asprovided in paragraph 11.6). l ov of tire 11 ark 11.4 ")'be term Cast of the Work means the sum of all coats neccs.aarily incurred and paid in C'ONTRAC [ f )R in the proper performance of the Work- 1";xcept as otherwise May tv aejtul to in writing by OWNkR, such costs small he in anoints no higher than those prevai1mg zn the lo(nlay of the Project, shall include only the following slims and shall not include Yana of the costs iremmed in parm"mr)i I I c. It 4.1 payroll wsts for etnplcn'ees, iu the direct eanplov or CON -MAC] t )k in the pet fixmanec of the Work tnchr schedules of jab classiticnbons agreed upx'm Ix. OWNI-¢ and CO'R'"1RACIOR. Such emplo VON shall melude %r11hout Invitation supmracndenu, toremcn and other persi�nncl etnpkycrl ball-wac at the site. Ixavroil osts t:or empkiees not employed tu314vae on the Work shall he app,nluncd on the krasis of thou time apxnt on the: 1%ork. Payroll coos shall include, but mit be lim ited io salaries and vvagei; plue the cost (if fringe hmefva «loch s}ncll unalude xwtal secwm: cccnnibuuons tmemphnment, excise and po}rcoll lases, WfItkegs t_ounpcnr>Yaion, health and retirement k enefif> bonuses ,I«;k-itcxz vtavalicnrm4fiolidtw, applicable Owrero Vic expenses of peifurming Woik ailet rez)tahar %veAlatg. heaas, on Sanm:by- Sunday or legal 0hdays, shall be tncluded in the ahose to the extent.atthonvcd by Otf,4-h1R. € t 4.', c'rst of all m aletiais sump etluiptent furnished and eacaaptnaled ua lie Work, uOu'law, yea of iransivriation and .lurai-e fhcreof and 8appol rs' field sarvlacs required in I:emnechon thertmith. .All sash discounts shall accrue to COMRV'I'Catl unhc,kc )A ER dcposas fuails mth i '()N'l K 'I OR e-ah which to make prayments, in ketch case the- c,lh dnaxtnta shall aiou le to U1i NI:k. .All tradc dr;coums rehmes end relitnds and returns do m rate al surpkfl luatcrals and equipment shall ecmty to i AV" IX sad CON 1 RA- fe)R shall mA,: trot iswrxs so that t}nev m;av be abf;tined. 11 4 ;. p:nmoents ar ede 1>v Ci a", I h e'l t)tt to the yclxontracto r for Wort, performed or funmsi-ted fw Suhccattr:ne"toes It required by kill `.faK, t;ls llr('t;'.�HsVt XOVA 11,-Yi Let S,?4'1Vt.li�iix+i F"IN,I t•t J N�,XCHJeI I e A l tiAN, RI',,xu CONTP.VTOR shad obtain competitive bids trout Subcontractors accq)table to OWNT•,R and CONTRACTOR and shall deliver such bids to O"Nie;C2 who will then determine with the advice of 17IN iYNE R. which bids, if any, will be a"Iqu 1. II any subcontract provides that the. Subcontractor is urn be paid on the basis of C mi of the Work plus a fee, the Subcontract, it's Ow of the Work and fee sKnll be determined in the same manner as CONTRACTOR's cost of the llork and tee as provided in yaragrapbs 11,4, 11 7, 11.6 anct t 1.7_ All subctnt€aus shall be subject to the other provisions of the Contract Documents insular as applicable. 1144 Cents at ;pLetal camultants finciuding but not limited to engineers, architects, testing laFxarataries, %uveyors, ntttxneys and aVCnnntrrnta) eatployed for senrices npc-ctllealiy related to the Work ! 1 4,5. Stapphcnxnntal costs includu� lte 1'ollawing. If 4.i.1. `the proparllon of necessary transportation, nuavel and subststence, expenses of t t 1,v tR VC I OR's cmpkwoes anctm-ed in Jiscivogc of duties connected with the Work 1145' COA, itnctu3lfng iranspotlation smd Maintenance, of all nnatertak, su}yolie�, ecbtisauunnt majunca-y, apynhnrnces, office and temporary rncilines at the site and hand tools not Gowned by the workers_ which are ccnautned in the pxrformancr of the Mvk, find ernl less market value of such items usxd but not consumed which rcnaainthe propertyofCf NTRACI'ok 11 4.5 i. Rentals of, all amstructaon equipment and atnchmery, and the pair.: thereof vv hather rented frost CON R-M 71 OR or others in as c)rdnncr with renal uttectrtcnrs approved Ire tt'tl'o.kR vcahthe advtct of L.Nc;INHX andtlae costs of uansivriation, loading, tankxldiv. Im,t.alalltcn altsnn,aftflu>4 find removal thereof—,f11 la accorduncc nvith terns of said rental aVeemc-rus_ 7lae temal of any such equipmenft. m.lehmery eor pats shall cease when the use Kern€ >, no hunger nt'Osary for Ow Work 1 14.5.4 Sales, comaaaer, use (A similar tfo^ I elated to tlac Rao€k, and for which (%)'e"fl2 \: 1 ( )k is Uhle- imp>sezt III, t,a%vs fund ReCUhatll! Y,, 11-4.i_w lnepvosits lest far catlSeS other than rmlhgunoe of iC)'tifR.VIIOR- S ubc<antra-tor or amone dirook or indir:etlti' emphoved by env of them or for tt ho,r acts asp of pecan nt ty be Kahle. and n_valtc jm,,mcnts and J ec, for 1pct m ads and licenses, IJ.4.5.(+. l..cx>Ks arni ciamlages (and related er 811.6'::J :41alvecp nk. d1tMPIC to the lVMK, not atonnpcava W.1 ha imta.muc or o1herivise, 9uAained lay e ' Y,: f k Vt' 1 OR in connection ivah the Ivrtormance and furnishing of the \i'rr1, (except loses and damages within the deductible amounts of property 'insurance established b�' OWNIER in accor(brwc with poragmilh59 provided then have r�uhcd £mail causes other than the neggligence. of, C'oh rRrl(-rOR, amv Subcontractor, or anyone directly or inchrectlg employ ed by any of them or Eor Nek),W acts line of them may be liable, Such losses shall include settlements made with the written consent and approval of <5t NEN No such losses, damages and e.enses shall be included in the Cost of the Work for tite pu€pnse of d term nun,• CQN I RACti?R's fee. X however, any such l(vs. ar damage requires reconstruction and CON'l R.AC I -OR. is placed nh charge the l%)f i'C} N FRAC"COK shall be paid for set -vices it fee proportionate to that stated in paragraph 11 6,2. 11 4 i 7_ -1 he cost of utiliu�. fuel and sairala v facilities at the site, IIA ; X Minot expenses such as refoglams, 1onj� dluirce telephone calls, telephone semen at the svtc. exprmiage and similar petty cash items in connection with tlhe Wo& 11 4 ; al tint ol'preiniums lily additurnrl Bonds And Insurance neluned because of changes in Tile lv'axk. 11.i_ The term Cost of the Work shall not include env of the follovusg I I i I Patioll casts and other coinlicnsation of t ra'NTFII'. CTOR'y otTrcen, executives, plincip:afs tot Ixa rtucrsaup ,nd sole propt'ietorsliapsl general manip"ers, engtneel ,alelutects estimatots attorneys auditors, aec<tuntan c hurchwatrg and contraolvii; ;agent,;, o,tpedner5 LmlekueperS, cterks and other poir,mtel elnploped 1 s art )'c:'[ILVE'l R whetfur al tine >ite or in a++\!tl<h foR'.,i ptmcilral nr a hraneh office (atr �knual.nhtinusuatiari of the Wort, and not 7heeltwally Included at the agreed upon schedule of lob ehssahalhon ret'enccl to in paragraph 11 4.1 ei tl,e,PIIicalfy aoaercd hv' paragraph 11.44--all oI Yuhich ate to be considered admtnisrxillhc CeAr; covered be rite t t hN 1-3Z (1I OR's fee. I s 2 t IYnseb kit ('ON I12r"tt IOKtN p€mapal .and iMI" h of ae , Other than co rls Al ri )R:v olhce at tier site I f 1," .inn Imn of 0 )NTR CTOR', tapital t spense; mcudGag interest on art r� TR 1t' I O1i'S capital employed far the Work Ind charges against ('<)}% I R 1a WR. ror delinquent pitmen€s. 11 �s. Cost of plenmutt for all fronds and for ,ill m,urance athedter or not ('ON va P)R is required is tile 'Alnuact ikx�uments to purchase and maintain the same t a-1,t 10" the• coast. of premiums enured by subpraragr I, h 11.4, � It aN:tve>l I At td' Gl!"JJ{ U L' t°dti[71^AS 7910-R ka ittaii a , 1 1 l Or Fa gg I e't 4 1 i \. %It tl MiCA'rb ',`, 1h 11' 1' 6UV) 11 1 S Ctx*5 due to the negligence of t ONTRACITOR, any Subcontractor, or tmy<ne dxrceliv or itxliracdv employed by any of them or for whose acts any of them may be liable, inehading hilt not limited to, the correction or LkAcixv Work, disposal cif materials or equipment wrongly stipplied and making good any damage to properiy 15 6. Other overhead or general "wnse costs of any kind and the apses of any item not specifically and kvIxessly inchrdd in paragraph 114 1 Ln '1 fie Ca tNTR AC TOR's fen allowed to COINTICV:1'0R for overhead and horde shall be determined ns folfows: 11.6.1, a mutually acceptable ti,,�ed fee, or 1 I 6', d' alined tee is not agreed u}xvt then a fee bowel oil tile follmvine rVnxntnges of the various portions of the Cost of the Work: I 1 Ci.'_.1. rorcuts incurred under IximI;niphc 11 4.1 aril 11 4?. the CON I R.'tt `l OIZ's lee shall he f"iticen percemt 11 n." tour Costs incurred tinder Iwral'aph I L43, the C ONTRAC k iRs fire shall IV five percent, 11.623_ where one or more tiers of subcontracts are on the basis of Ccxt of the Work pills a t?c and no tisc,t tee is agmrd upori the I tent of paragralahs 11.4.I, 11.4-2. 11 4-3 and 11 o,2 is that the Subcorarautor who actually performs ci fufniNh+e the Work, at whatever it will Nt pap k 1 fee of, tiflc'en percent (it' the casts incurred bi om such Subc ractor kinkier pxaragraphs 11.41 .and Ii.4.1. and that any higher tier :,ut>Gcrntrictor and CONTRACTOR will each be lrmif a fee ill five perkarht'Atile imwuan peudl to the next ltnrer tier SubconL14( tor. to he negotiated ns hxrf tatSh with !be tit NEl but notto e';c" i live fxrcent ofthc amount paid to the nett 1,mer tlei Subcontlaatc I 1 6 2 a e0 Ice thill he jxik able oil the Msts of costs itemized under puragraphs 11 4.4, 114 and 11.3. S L6.2 Inc. am+pax o1 ercelit to lxs ailowed 1 lnch restdls in a net de .rea c in cost wdl he the. amawn tit the actual net deCICaSa in eost plus a dedUctiath in t O'�;1'1: 4t I c rR's tie bt an amount equal to lire iVreent of uch net decreaw; and I I o 2 ti when h„th additions and credit-, are nhavlvjd in ono 'ale eh"lgo4 tlhe udushnenf in t't!N-1I, va itiWt ref shall he computed on thr btv,is air tale net chantzv fin aocordancc Wilk pariCaraphs 11 ri.,' t throb;=.h 1 I Inchlsiv€ 11 7 1k'brnet'er the ct:zt of any 44'ork a to he det x- rn ned pursuant to paragraphs 1 1 4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and stIlanit in Form acceptable to hTy`C4ENI1E12 in itemized coat breakdown togeAlxY with supirrting data. Z"ash .^tllmawncrr: 11.$_ It is undcrstoml that co.N,I-Rztr roR has included In tiler Contract nice all allowances so namecl in die Contract Docwtn.srts and shrill cause the Work sn cowered to be (trusted and performed Ibr such suns as may be neceptaldeto OttNRR and F:iVCRt'sJTA CONTRACTOR a�teesthat: I1,81 the allowances include the cast to t't?t `C1 ACTOR (less tuty applicable trade disci lnls) ofmatcrials and ccluipwent required to the allowances to be dehvered at tilesfte, and ill applicable taxes, and I I.8.2. a tls,TRACTOR's costs lur unloading aril handling oil the site, labor. in.ssahlatnon costs, overhead - profit and <niter expenses Contemplated Cor th_e ullolvaru . Mavet lien included in the C onlyno Price and not in the allowances and no demand for additional prMment on account of any cif the fcfcgoing Will Not valid Prior to find payment, an appie}uia& Change Filcher will he issu,d is recommended by h'v(}Ilhla•R to rellect sexual amounts clue r't)1'CR;AC"TOR on account of stork oo,vOred by alowanccs, and the Contract Price shall be uirlesticandisngly: dJiItzrcci I M [!nit III -ice 11 orh: 11.9 I. R'here the Contract Docutnenls provide that tilt or poi of the Wodc IN to Lie Unit Price Work, initially Inc liontract Price will be deemed to include liar all I `fat Filce Wort, an amc unit egted to the sum of the stabhshei (Hitt price•, for each separately Identified hems of f nit Friec lt'cxk times the estirr i quantitc Of each item ab Indicated in the ,' gretinCral "fbe cstimatcd quantities Of items of Unit PI1CC tt'ork rue ;tot guartxateed and art softly for ille pvrfose of comlx.irrc m of Hills nand docrmimnrr en initial Contract Pia. Ihtenninations of Ibe actual quarvrnc.� and classivaulions of t-nit Price Akork performed by ('()NT1: v "l t )R will be made bit LtiG -'N:h iR in aa�wrctaticr N"ith l>uagrapb 4.113 t 1 «.'_ hack unit price will be demised to Include on aanoimt v onsidcrrd i•c t O\ I'RAt" ['OR to Iv adequate to toter CONYRACIOR's overhead and profit Idr each t;<patatcly identified item 11 9.; 0 7tt."X, pelt or t'r)4 i tLt(' (OR iR. may nr<tke a Jail]] for all aldiustncnt ni the Contract Price in accaordalwcWith Alllkcic I it, I I'r.l.l. the �auantity �al`any item oft nit Price perfotroimt ;w f`.():IRA, --1UR 'infer, mawnalk and ,Iuml'icantlr from the estimated qunntltt of such rein indicated in the Aoreeme t: E iY 131`+6KAL a'u".t1l I[i)tiS tat 11i 1`"ft1custard _ra with'edit-1'on-i'vt.ANSMCNAI It Alhl%SIRL t' I',alai 11 %.a.2. there is no Corresponding ding iadjustrnent Willi respect to any other item of fVork. and 11 J 3. i if CON I'R.AC.TOR helievet dint C't NMI LatgTOR is enlided to art increase in Contract Price as a result of having incurred additional expense or OWNER believes that )\k` l;lt ss Crit tteilto it decrease in Contract Price and the parties are unable to apuee as to the amowit nT amp such itictease c'u decrease. _, C r 7ti 1 RA Tt,itt acknowl xP3ea that the OW- Ni R has the nkht to add or delete items in the Cud or charage quantities at_OkVNEWS_sole diwreaut without a(_fegiis }se onuact Price of IC� any rcriatmng nem,_so king as the defcuon ar idittpy K armed hlcni�-ltye d5rlit y,C dic oris nai total Con{tact I'rice: ARTtC I1 K 12—CHANGE OF COMA li:1C31'1MYS 12.1- The Contract "Tints for lhlestonas) may only tx changed hp a Change Larder or a Willett lrnendalent_ Anv claun for an xd,l1ustment of the Coontact Timis (of ishlestnn Cal s11311 IX' leased on written noucc• delivered hi- the party making the claim ni the "sther party ani ai I,T±IAM-l-K promptly (but in no event inter than thirty drn',) afler the octiurruirx cof fire eacnt txictng rise to the claim slid statin is the aitneral nature of the Chair. N rove of the extent of VIC damn with suplxaling daet shall he delivered Within sixty oL'vs niter such cs;.uircnce (unless FV31 141, allows ackhtional time its toweli:rni sum: acetua< data in ,atppovt of the claunl and Qvdl he accomp,noed by the eluimanis written stutclnent that the adlarsunent claimer( Is tht€ ensure tidplvalrlent to whwh the claimant lias rc.eon to ivfwNe it rs entitled .as a result of the oCcurience of •Kid event :All claims for :adjustment in tileColialtoIrate" (or siilei nts) afnall be determnn>d laf l;*Jtr`^�a}:fiTt accord with pana raph9.i1 it Ott-xhR and cO,\ rk,Ac,roI2 cn not otherwise a,cr_ No claim for an adlustmem in the I''onmrrt 'i'rmvt (ar Milestone.,) will he valid if not submitted in ,rccotdaio"- with the reganentetlts of this Iwo II-11aph 12 1 12,2- All wilt limit; ctated :n the C'o attact I documents art cof the essence ofthc elerecnstnt I,I li litre i'r Ai It,1 I'c;R is prctcntsci $ons ,impieting antpart of the Work within the =_" onitract I Imestor Mhlastonest due ti, JkIay heyor:d the i,nntrel of 7�a f2 tt.`fC 1 , The Contract I lows (cCvlllcslonesi will he, ascended in an aamotmt equal io titre fist slur to ouch detaq if a claim is rnade rs provided in ptaragraph 1? 1. 1Mo,vs fvyoriil lire oonlrol oil CONTRACTOR shall inclad,• huh not be loathed I;r, avis or neglect b} I A4 NLK. sus or neglIeI of utility owners Ur olvicr oIntraartors Ixrtormins otherNvork tic ainienilaisaecl b+ IIlielc 7� Lire 17 ro la ,p,dvm I:S, abn mNi v c;gjjcv :ondltnmc or acts M t;txl [i•Invs narimilable too and within the ..antrof of a Sulleontmctcor or Supplier shall be deemod to K- dol ays within the control oft'()\T R AC" r( W. 12 q, Where CON1 Rr\t'TOR is prevented from walpleting, any part of the Work within the Contract Times far Miiestonesl due to delay heyond the control of both ()WNER and' c,0NTRj\r-,Tent,. an :Nwnsion of the Contrast Times (or Milestones) in an amount eljual to t1w time lost due to such delay shall be C'ONTRA(: f OR's sale and uxelustve teticaly fin vueh delay. in no evert slialf t )bt lIR be Gable to CON RAC`C.)k, any Subcontractor. any Supplies, any other person or orgimixlttion, or to am, surety for or employee or want of any of them, for damagvs abasing <xtt of at resukitrg from i I') dt:Uys sawed by or within the control of the CONTRACTOR,, or (it) delays hevond the control of both patties Including, hot not linuted to tires, floods, apdrmics, abnormal vtMdter conditions,, acts of God or acts or neglect by utility owners or otter contractors lxrfornung other work as contemplated by :article 7 AW]C LE, 13--T&K'S AND IYSP C, l' ONO, CORRF;CCION, RkMOVAl. OR ACCEP'1'ANCk' OF DL'I'1'711WWORK 13A. AWice of Detect* Prompt notice at all &Pcfi re work of which O%VMsR or I,vul\IfF{R have actual knowledge will be given to co N pRly Tcm _\It .Lfcclisa V orl army it wwt, d& corrected or accepted az provtdei in this Anicic 13. :Fceessto work" 112 tAV\Fk, l"i tANE R. t'.` 6f\Gf=R's Ccntstdtants triher rupresentaiaves and personnel of �}f\\ER- al&pondent ti:Sting laboratories and govrmment a I ragcnn l* with jurisdictional utterest, It III have access to the Work, at rcassonabie times for their Cbservauom instxctiny and testug. CONTIC.M'JOR dial] provide then ptopet mitt safe conddions for :;uch acc4zs and advise theta of t'()\TR.ACT(.)R'.s site •atety pnx�edtace and ptcouams sa that they may, comply therewith as apphcablc Tests tern Inspections 13 a CONI RyC'I'OR Jaall give f %t;iNE R timely notice. cif rtsldtne«oC the I\ (ak knr all rryuired inq tcttam tests cr applotat;, and ,hall ocoopemte with irepection and lesring po srnu•cl to facilaalt, required nnslrcctions or tests 3 8 CH\ ,&,R shall employ and p iY for the serf t.:ats of an 'mticttendcnt testing labosalaiv to perfixim Al mslxctiom, test,;, or apprnv^a1s requred by rho C(,nirat: DoQkmetas exceyt. I t 4 1 for insp:lions, tNs or iprrosak i,oc creel by- pa rsph i 3> bele?vr. i3,4. , that CIb.S iI%Gnc:l in e1111ne ItAl ]S till 101E1 OF inItetiam; conducted pursuant t:v [%MaI7rnph 13 r3 S 7U xr" 131fl 4 i i 4rn f•r$tit8li %V 01YCiPIOkl evy],r.INS Vh,(nttdt'.A7t ASrht4:711010 h:iow ,.hall he paid as provided is said paragraph 13 ,: and 1343.as otherwise slrecificatly° prtnided in the Contraat Documealte. 1s,S, if haws or Regulations of any public body having urix ichon require an. Work far part thereol) sgieciHcaily to be inspected, tested or approved try an employee or other rcpre writativu of aw;h public bitty_ CrIN 1 RACf0K shall assunac full resprnvahrfity for arranging and olluimang such inspections. tests or approvals, pay all costs in connection therewith_. and famish lEtit;I:ti-FsR the regtared :ertificatts of irtspectitna, cI approval. t'C7\ I RAC I'OR shall alw he respormible tar arranging and obtainint-, and shall pay all costs in connection with al}^ nrspee:tiont:, tests ol- approvals tcquued ter t)\\`NERS and \,:.?I `sl;i?lYs acceptance ai materials or equipment to Ix iturvporttecl in the Akook, or of mater als. mL- designs. or equipment submieted for approval prior t0 C'O\TRACI 1RS pu,:Iwie thereof far mcorporetion in the Work 13(. it anv Work 'ar the work of others-7 that is to Ix, inspected, tested or approved is wvered he CON"i R 1CToR without written conemrence of I;NGi\I,IiR it must, if requcste\l by 1 ti(el'vFIX he ultscwered for cfr vativon I; 7 Cnwicnng tV'oik as provided in paragraph 1.3 t; shall lot at C'ON'fRAC'IOR's etpense unle-S t'OM 1,ACI OR Ives given I "GI', Fhkktamely notice of t"I v "I R \e'T; (ok's mtcntion to curvet the sarrc and Lv,t!Iv € k has not acted with reas,,)rWilc promptness in res)xnnsc to such nonce. Ineovering Itork: 13.K If any Work is covered contrary to tie written regaa.� of FiStrl I-'Uk it innst, if rtlueyted by' h,AGLI~R, to F-twoverel for GAriL\EFR*s obserytant ll and teq,laced at t a )va`1..iC`fc>Rs aalxnu"- 1-3, -)+ ff l;\lGi \EJF R considers it aeccssaiv or advisable that wveiel ]Cork be observed by l ti ,F\fcSR or tntiprctecl or ICNted by others t'C):C7 R'K"MR. at 1.y`f,ly l lib`s request, ,hall uncover. espose or eothervvise make availahle liar obsc=rvauen_ Inspection or wswa-, as Lest. INEYiR rwiy require, that portion of the 'Nock in ,luwttvn, hunishuag all ra&e5S y kalxa. material and cyuipnwie If it is found that such stork is rfecticer_ t'( )", I RA" I i!k ,hat gag all carols, WAS, brows and Clam i,.ps e.e,>c+i k arising, ow of e>r rc%kin, frcun such uncovering- c:I4,osure, observation, inSIVOlon a.ad testing .in l ,l s am4actory repfacement or reomstrkwaon- tinclutling but net limited to all cogs of repair or repleceamenri of wort, of oihrn), and ( A@'%I?R shall be caused W rtn ilectcase in the t'e+n1JAQt Price, sma it tlra lurrtcs are unabic to agree as to lie amount theieo'- may make n (inim therefor its provided in Al lid I I. if, h rtvever, such IA oik is ntot I'owld to he A? erne a 1 )b I R AAf ".I t W slnralf be ahcnved aai increase in the t e unmet P6,c or an rolension of the i'sntruet Inues Ce-r y kle.tonest or both. directIv anribtreabfe to such '7