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HomeMy WebLinkAbout113060 MOUNTAIN CONSTRUCTORS INC - CONTRACT - BID - 6100 SOUTH COLLEGE BIKE LANES PROJECTPage is too large to OCR. Page is too large to OCR. 3.3:3.2the provisions of any such Laws or Regulations applicable to the performance of the. Work {unless such an interpretation of the provisions of the Contract Documents would result in violRtion of such Law or Regulation). No prtxnsion ofam/ such standard, specificanm, manual, wdeor irtwrtaiunshaN be effective to charrgt the duties andtespinnaibilities of OWNER CONTRACTOR a ENGWISER or ar{y of their subcontractors,-.«nrrsu hams, agents or employees from those set forth in the Cartmct 1>acummts, non stall a be effective m ammttggtmr to OWNtiR ENtI1AiE a mlyoCI1VGINEFRs Co taut ar tit r b e$anis or empltyees anMM', or so on to supervise orduet[ the fiunishing aanoeoC diWak manydutyaaudtarity tane rcslxxtsdsdity incoruistent. with theproviat ofph 9.13 a any other provision of the. 3.4. Whenever inthe Contract .Documents the terms "as adored", "as directed", "as required", "as altowal", "as approved" or terms of like effect or import are used,. or the adjectives. 'reasonable". "suitable". "acooptable", "proper" it "satisfactory" or adjectives of like effect or import are used to describe a r¢quirement, d'rection review a judt nTern of ENGINEER as to the Wok, it is interned that such n"qutrement, direction, review or judgment will be solely to evaluate, in general, the completed Wok for compliance with the requirements of and information in the Contract Documents and conformance with the dosign concept of the completed Project as functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement Indicating otherwise). The use of any such teen or adjective shall not be efrective to assign to ENGINEER any duty a authority to supervise or direst the fumishimg or performance of the Work or any duty or authority to undertake responsibility contrary to the Provisions oft 9.13 a arty Whet provision of the Contract Documents. Amen ihng and Supplementing Coatraor Documents: 35. The Contract Documents may be amerchd to provide for additions, deletitne and revisions in the Work or to modify the terms aryl conditions thereof in one a more of the following ways: 3.5.1. afonnal Written Ameralment, 3.5.2. a Change Order (purnant to paragraph 11).4), or EJCOC MNL'RAL C'ONOrnONS 19108 (1v00Edsim) wi CITY OF FORT MWM MOOntCAT1ONS (REV 4n(xq) 33.3. a Work Change Directive (pursuant to paragraph Iftt). 3.6. In addition, the requirements of the Contract Documcros may be supplemented, and mina variations and deviations in the Work may be authortred, in one or more of the. following ways. 3.6.1, A Fiekl Order (Pursuant to paragraph 9.51 3.6.3. INGINEER'sapprcval of a Shop Drawing or Sample (pursuant to paragraphs 6,26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (Putman[ to paragraph 9.4). Reuse ofDecrrmenk 3.7. CONTRACTOR and any Subcontmctcr a Supplier or ocher persat or organization performing or furntstiriig stay of the Work wads a drat or indirect contractwith OWNER. () sharp rot have or acquire airy ddc to ar ntvnershipp nghis in any of Cho Drawiigs, Specifications or other documents {a copies oC any iher¢oQpepparpdbymbarugtliesealoffi'NGINEERor pTdC1NEER's Conwtltant, and {I) shall not teuso airy of sunFt Drnwmgs, Spccificatiom; ether documents or tortes. on ezrensiorcn ofthe Pndryaut a any odsvr projat without writteneatxnt of OWNER and ]1GINEER and specific written verifiaantn w adapuation by ENCiCNEER ARTICLE 4.-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS hndabrtity of Landc, 4.1. OWNER shall f rmash. as indicated in the Contract Doctunems, the lands upon which the Work is to be performed, rights -of --way and easements for access thereto, and web other lands which are designated for the use of CONTRACTOR Urronrettsoiahle-weittanreauesL OWNER. shall identify any encumbrances or restrictions nor of general application but.Vecscally related to use of lands so furnishtd with which OONTRACTOR will have to comply in performing the Work. Easements s nor p=arwit structures or permanent changes in existing facilities will be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. If CONTRAC IOR and OWNER are unable to agree on entillement to or the amount or extent of any adjustments in the Coniract Prue or the Contract Times as a result of any delay in OWNER's furnishing these lands, rightsof- wany or eisccrumis; CONTRACTOR may make a claim therefor as provided in Articles I I and 12. CONTRACTOR shall provide for an additional lands and.. access thereto that may he required for temporary construction facilities or storage of materials and equipment 42, Sabonface and Pky*W Coaddoxv 4,2.1. RepotU 4nd Drawtrtgsr Refaravtce is made to the Supplementary Ccditimss for identificationofi. 4.2.1.1. Sttbeauface Condlu ra: Throve reports of :evI ratiaasand testa of a dmuface conditions at or amti$guuoous to the site that have been blized by ENGII4EER in preparing the Contract Documents; and such 4.2.1.2. Pkcdcal Cbnditio n: Thane drawugs of physical condition in or ralaung to edstioli s rfltoe. or subsurfim structures at or contiguous to the site - utilized * &T MEIN iR i nh nep that hers. ha t ring the Contract Documents, Azlhonzec� r upon the mood in such indicated in the Contract Documents, or 4.23.4. is of an unusual nature, and diEas materially from conditions ordinarily encountered and generally recognized as inherent in work of Its. character provided for m the Centred Documents; then Y 0mg6yjy altar Coco Sather disturbing rEurming any Work in n an em. as notify. 0Vergenry.and 4.2.4. ENCfIIJM's Review. ING)N66R wail yrtmtptly review the pertinent conditions, datamina the necessity ofOWNIMs:obtaining additional al exploration or tests with reaped thereto and advise OWNER :in.:writing (with a copy to CONTRACTOR) of ENGINEEKs findings and conclusions. 415, Possible ContractAocnmentr Change: If ENGINEER concluder that a change in the Contract Documented is required as a result of a condition ohm meets one or more ofthe categories in paragraph 4.2.3. a Work Oirective or a Change Omer will be issued as pros .d in Article 10 to rel ect and document the consequences of such change. 4.2.2:1- the completeness of such reports and 42.6. Possible Price and Timed Adurtownts An. drawings for CONTRACTOWs purposes, equitable adjustment in the Contract Pricy a in the including. but not limited to, any aspects of the Contract Times, or both will be allowed to the extent that means, methods, techniques. sequences and the existence of such uncovered of revealed condition procedures of construction to be employed by. mum an increase or decrease in CONTRACTORS cost CONTRACTOR. and safety fam u now arat of, or time required forperfomtmnce of, the Work-, subject, programs incident thereto, or however, to the following: 4.2.2.2. other data: interpretations. opinions and information contained in such reports or shown or indicated in suchdrawings, a 4.2.23. an CONTRACTOR imaspretatuxt of or conclusion drawn loon any "todmicad dam" or 2such dam. interpretations; opinions or omsum 4.2.3. Notice of Differing Subsurface or Physical Conditions: if ;CONTRACTOR believes that arty sutaorlece or physical condition at or contiguous s to the site that isuncxwered or revealed either: 4.23.1. is of such a nature as to establish that any "techtficil data" on which CONTRACTOR is entitled to rely as provided: in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature.. as to require a charge to the Contract Dommems, or. 4.2.3.3differs materially thorn that shown a FXDC.rR MAL CONrAMNS 191"(199e edtim) W(A rY CFFORTCt1LtINSMODHICATrtiNa(REV42NO) 4.2.6.1. .such condition must meet any one or more of the categories described in porsgrapbs42.3.1 through 4.2.3.4, inclusive; 4.2.62. a change in the Contract Documents pursuantto paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to my such adjustment; 4.2:6.3. with respect to Work that is. paid for on a Unit Rice Basis; any adjustment in Coronae Price will he subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shell not be omitted to wry adjustment in the Contract Prim or Times if; 4.2,641. CONTRACTOR .knew of the =Atence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Comma Price and Comm t Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6,4:1 the existence of such. condition could reasonably have been discovered or revealed as a result of any examination. investigatio,. exploration, test or study of the site and com6guous areas required by the Bidding Requirements o Contract Documents to be conducted by a for CONTRACTOR prior to CONTRACTORS making such final. comtmtmem; or 4.2*43. CONTRACTOR. failed to give the written notice within the time arid asraluired by paragraph4.23. If OWNER and CONTRACTOR are unable to agreeon attitlemem to or as to the amount or length of arty such .equitable a4ustment in the Camuct Price or Conract Times, a claim may be made therefor as provided. in Articles I I and 12. However, OWNER, ENGINEER and EbIGINERRs Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR onor in connection with any other project or: anticipated Inject. 4.3. Physieal Con,*iions—Onderground Facilities: 4.3.1. Shown orhxtieme& The information and data .shown or indeatedin the Contract Documents with respect to wustitg Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER. by the owners of such Underground Facilities or by others. Unless itis otherwise expressly provided in the Supplementary Conditions. 4.3.1.1. OWNER and ENGINEER "I not be responsible for the accuracy or completeness of any such information a data: and 4.3.1.2_ The cost of all of the following; will be included in the Contract Price and CONTRACTOR shall have fullresponsibility for (i) reviewing and checking all such information and. dam; (i) locating all UmlerRround Facilities shown a indicated in due Comma � ocumems,(iu) coordination of the Work with the owners of such Underground Facilities during construction, and (iv)the safety and protections of all such Underground Facilities as provided in pmagraph6.20 aril repairing any damaee thereto resuhm Bum the Wmk. 4.3.2. Not S&" or hu hated• If an Undergrormd Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall. promuptly imrnedlalplly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emagency as required by paragraph(5.23). identify the owner of ouch Underground Facility and WCI)C OENERAL CONAITIOM 191"(19'90&ditiM) W CITY OF FORT COLLINS M(A)IFICA nONS (REV 4nW) Undergaitud Facilityand determine the extent, if airy, to which a tharW is required in the Contract Documents to reflect and rocument the consequences of the existence of the Underground Facility, If ENGINEER concludes that a change in the Contract Documents srepuiral.aWork C Daectiveora Change Omer will be issued as promviinn Article 10 to reflect and document such wusequetwm During suds time. CONTRACTOR shalt be responsible for the safety and protection of such Underground not not know of and could on entitlement to or the amount or ac1�tamient in Contract Price or )NT`RACTOR may make a claim damages baturedor on or in connection Referanee Points.• 4.4. OWNER shall provide engincerirg surveys m establish reference points for ounsttuction which. in ENTGINEE R"s ntant are necessary to enable IME( TGIF. to pr cad with the Work. CONTRACTOR shall be responsible for laying out. the Work, shall pprrotect and preserve the established reference points and shall make no changes or relocations without. the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary charges in grades a locations; and shall. be rospornst o for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, 11mardous, Waste or Radioactive Material, 4.5.1. OWNER shall be responsible for arty Asbestos, PCBs, petroleum, Ifazaroknus Waste a Radioactive Material uncovered or revealed at the site which was not shown a indicated in Drawings a Specifications or identified in the Contract Documents to be within the scope of the Wok and which may present a Substantial danger to persons or property wgxxi thereto in coma:tion with the Work. at the site. OWNER shall nor he responsible fir any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. ARTICLE S-BONIM AND IMURANCE Ptrfwnuurrci� Payment and 0therBonds: 52 If the stmmy on -any Bond ftmnuhed by CONTRACTOR is declared a bankrupt. or Woomea insolvarn a its regla'to duo bunneas is terminated in my state where any pact of she Project located or it oeasesto meet the roqu mmeras of paragraph 51, CONTRACTOR —' sball within ten days, thataitcr substitute another Bond andaurcty, bothof which must be acceptable to OWNER, 3.3. Licensed SSneefes eed hisarerr. Cerfyrores of Insurance:. 3:3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by. OWNER w COMPACTOR ill be obtained _ from surety or insurance compares that are duly licensed or authorized in the junsdicaan in which the Project is located to issue Bonds or im mtmce policies ftiholimitsandoovemSessonequired. Such:sum% and ante competes "I1 also meet such imu -- additional raquiremerft midqualtlaietmns as may be tt tucDt:nENERALcorrolnoastelasttrrobaaimY W/ a'rY OF FORT COLLIM MOOIFICA'rnOn3OtEV-0naroi CONTRACTOR'sLiability Insurance.- 5A. CONTRACTOR shall purcham liability and other insurance w isappre being performed andfamishedam: e out and otter iished by CONPRACTO plicr: or by anyone dice any of them to perform or anyone for whose acts: any may to cents: 5.4.1. claims under wwkars oompemsetion;: disability benefits and odor similar employee benefitacts: 3.4.2. claims for damages because of bodily, inJury, oc lash sickness a disease, or death. of CON T R AC:'f OR's emplo}eas: 5.43. claims for damages because of bodily injury, sickness a disease; or deathof any pan = other than CONTRACTOR's tnrrployees; Shd.—siaam--(a-'dnraagas-'gaurad--k>?'"oueanmmy irultrm,41Y-related-ta-ilxemple�ymenEa€ sash, ltersmn-6y 5A,5, claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5A,6 claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance a use of any motor vol ce. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: SA . with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive iiial ..4.9, include as additional inatrads (subject to any customary exclusion in respect of professioml liabilityty).� OWNER. 1 NGMSER. hNOINEEks Cass t ams and any other persons a entities idermfned in the Supplementary Corditiom, all of whom shall be listed as additional insureds, and include coverage fa the respective officers and employees of all such additional insureds; SAX include the specific c overages and be wriaan for not less than the limits of liability provided in the Supplementary Conditions or required by Laws a Regulations whichever is greater, 5 4 9. include completed operations insurance; EJCDC OENEaAL CONUIION5191a 8 (199m E4lim) wr CRY Of� 1'Olt"r COLLITin MODII7CATIONS (RL•`V #/tae) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity ob?dons under paragraphs d.l2,b.l6.and6.31 throe-4 13: sal until at least thirty days' been given to OWNER and each other additional insured pursuant to paragraph 5.3.2 will so 5.4.12. remain in affect at least uttil Intel payment and at all times thereafter when CONTRACTOR inay be correcting, removing a replacing defeclive Wak in accordance with paragraph 13,12; and 5 4:13. with respect tocompeted operations msumree, and any ntsearm sea coverage written on a claims -made lmsis; remain in effectfe at least two years attar final paymera (and CONTRACTOR shall furnish OWNER. and..each other additional insured idettifted in the: siippiementary Con i icons to whom a wrtificate of insurance has been issued evidence mtis6ictory. to OWNER and any such additional mawrecl oG continuation of such insurance at final payment and one year thereafter} OWNER'sMaNNO Inswrance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4. OWNER. at OwN$R's option: may purchase and maintain at OWNER's expense OWNER's own liability insi mnoe as will protect OWNER m Wind claims which may arise from operations under the. Contract i ocumams. Property lasurance: 5:6---47n1+-otherwise-pravidad•*rihe-£upplementory Condikots,-OWIUR-_sAall_..purdsasa,prawery -erdi --maintain h-Work at the age in the masum o€-the--fi+N-m"no i ran l-�t-tl3ereof {eabJee_tasurd lkdkuedble_ameuMs-._act.._may.....ba-.._prmidad..._er......tha pkmentary-C-unditiens-.er-required-_by-draws--rind . w.. imarests--_,of---OWNER: eatitias-idemiftad-ion-tits-,Suupplemam 1117d ncl xis eaedavfwhom-ia-deoeuad to-haveaniraurabe-interest aadcaall� balistedaaean-vaaroda�afkldicaal-uncured, 5:6x:bs-writfen-ern-a-$utklr�s-Risk-"all-risk'._or G!n of law po�ey fans "I lightning, -emended 5.9. OWNER Ass rnx be resdm able fm Oer0b miz mom E)MCORNGRALCONOITIONSIN0$4"OE M) 10 m' CITY OFr0XT COLLINS MODINCATION9(P"42000) .��AI'--%!%�R1111�.1P1JR1. I l,yli•3.�4 P ♦ �. j1,ly.. Whig . '4=1- 1 bey - 4-�Qss-dr-6Rnlxge—ta Dui a€ ar raauurg-fr�mfire+z-«]��rk racy. atiyef-C9NFc- as; Completion of all the Work, such use or occupancy may ENGDAMR's arA the affieffs, be accomplished in turtrdance with. paragraph 14,10; provided that no such use or occupancy shall commence before the inuurer providing the properly instance have Recd$andApp6aRionofInsurance Proceeds: acknowledged notice thereof and in writingeffected any changes in coverage necessitated thereby. The insurer. 5.12. Any insured toss uncler the policies of insurance providing the pro insurance shall couaent by required byparegapbs56 and 5.7 will be adjusted with endorsement on the 22-cy of policies but the property OWNER an made payable to.OW M as fiduciary rx the insurance shall not be cancelled a permitted to lapse on insureds, as their interests may appear, subjeet to the me=* of any such partial use or mcupmucy. requirmeents of any applicable mortgage clause and of paragmph5.13. OWNER stall deposit in a separate account any raw" so received, and shell diaribuute it in ARTICLE 6—CONTRACTOR'S accordance with such agreement as the parties in interest RE5PONSIHILITIES roil by an appropriate Change Order or 3aperaadau 4ad6lapedittaudence. ace: 6.1. CONTRACTOR shall supervise, impect and. as fiduciary shall have power to adjust direct the Work competently and efficiently, devoting sa with the insurms unless one of the such intention thereto and applying such skills and. shall abject in writing within fifteen days expertise as may be necessm to verfomn the Work in shall make settlement with the inymers in accordance with.. methods, tetdiniquiS sequorices and procedures of such. agmement "the. parties in interest may reach if no aottsttilction, but CONTRACTOR shall not be responsible such ageamem among the parties in interest is reached; for the negligence of others in the design or specification OWNER as fidueshall adllusfand settle the loss with of a specific means; mehod, tabtique, sequence or the insurers isry procedure of construction which is shown or indicated in interest, essty required by the Contract Documents. .. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Acceptance of Beads smdlmsmmatcr, Option to Replace; Documents. 5.14. If A 6.2. CONTRACTOR shall keep on the Work at all OWNER has any otujectjan to the coverage afforded by or timesduring itsprogress a competent resident other provisions of the Bo d& or insurance required to be superintendent, who shalt not be replaced without written purchased and maintained by the e1he—" notice to OWNER and ENGIl� ER except under Ct NZhRA_CTOR.in accorcance with.Articlo 5 on The Uasuys .varaordittary circummances. The superintendent will be of niiT our i'orinmce with the Contract Documents, the CONTRACTOR's representative at the site and shall have he eduerpzny 04ltNF�2. will autl�ity. to act on behalf of CONTRACTOR All it:Wk Q.R m writing within (° ,p days communications to the superintendent shall be as binding a{ier receipt dg w_efy of the carti decree ('that,avidam: as if given to CONTRACTOR. requested) � �s required by panagmph 2.7. .... _.. _. _ Labor, MaterfalsandEgatpment: Partial UtitimSon—leropr* Insurance: 5,15, If OWNER finds it necessary to occupy or use a. potion or potions of the Work prior to Substantial tix,'DCOENERAL CONDITIONS 19104 (1990 H(atim) %'CITY OF FORT COLUNS MODIFICATIONS (REV iR00m 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to. survey, lay out and construct the Work asrequired by the Contract Documents. CONTRACTOR shallat all times maintain. goal dim line and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent therein, an cl except as otherwise indicated in the Contact Ltocuments, all Wok at the site shall be perfuttned during regular working hour and CONTRACTOR will not permit overtime work or the perk mare of Work on Saturday, Sunday or any legal holiday without OWNER's written amxeut given eRer pule written notice to ENGINEER. CON'rRA(�g� ll subnd � the ENGINEI=R ra less Haan AR hours in advance of any Work to be performod on Saturday. Sunday, Holidava or outside the 'fit 6:4, Un ins otherwise specified in the General Requireumts, CONTRACTOR shall furnish mad assume full ' 'liiy for all materials, equipment, labor, L= conservation equipment andmsehmery,. tools,:appliance% fife( power, light, heat, telephone, water, sanitary faelitley,. t �pm� facilities and aU other tacilu m, "A iwid�r¢ tIs nececessary for the fumishrng, p=e mmsmsi, tesft erarGmp and completion of the Work. in t 's sae-resirictons.. eomv of the reaolunma .erne available for review in gN. effect of the lWghmina and Risk R.Lmgmrent. ision or the CAYClerlts officeFort . ollins 4. ' m 91n reuuir1 tlwt sn errs and ura�duaia: of camas or mro&tets eomairust cement to der itk that. ded in the q6qt$a All materials and equipment shall be of good Can tL)ocume n AN warranties new, weiept as odherwise era! ate mentees m Progress sehewe'- 6,6. CONTRACTOR. shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time a: provided below: 6.6.1. CONTRACTOR dull submit to ENGINEER Fier acceptance (to the extent indicated in pirqgraph2.9) pvpoeed adjustments ress s in the prog sohedule that will not change the Cmaract Times (or Mlestones). Such adjustments will oadorm generally to the progress schedule then in effect andaddiutm ally will comply with any provisions of the General ReWmerenls applicable thereto 6.6.2. h3 adjustments in the progress schedule that will ash ige the Contract Times (m Milesuirm) s6H be admitted in accordance with therequIr mans of paragraph 12.1. Such adjustments may only be made by a COrder err Written Amendment in accordance with clot 12. 6.7. 3ubsdtptesand "OrE urt" Iteess: 6.7.1. Whenever an item of material or equipment is specified or il+;scribed in the Contract Documents by usingthe ramie of u pr cry item or the name of e jnarbcula Sugtitcr, the cifroation or description is Intended to establish the type, function and quality require& unless the specification or description a7C••uCUENEM CONtATIONs 1910E it990 Wtim) 12 a1Q1Y OFFORTCOLLIN8 MOD117CATIONS OLIEV412000) oonmms or is followed by words r suJ4 that no like, equivalent or "cr..equal" item or no substitution is permitted, other items of material or egaipmet or maternal or equipment of other Supplies maybe accepted by INGDMR under the follower circ imsmnoes: 6.7.1.1, 'Ur -Equal". If in ENGINElMa sole discretion an item of material or equipment be caaidaad ky M401NM as ar item, in which case nwiew and aapptp prposetd item may, inI31td41 iiiacretiom, be accomplished without. with p some or all of the requir sweAm 6-T .2,AW&Wta IfmmEt 011 disinston an item of material a Will the rial or equipment will not be accepted by FIER. from arryone other than. ACTOR If. CONTRACTOR wishes to or usea substitute: itsm of materiai or ant CONTRACTOR shall first make perform adequately the functions and achieve the results called fur by thhe geri, design, .be similes in substance to that specified ant be suited to the same use: as that ssppeerncrbed The. application. will state the anent if atty to which the evaluation and acceptance of the'.. proposed. substitute will prejudice CONTRACTOR's achievement of Substantial Completion: in tuna, whether or not soceptmice of the substitute for use in the Work. wiU require :a change to :any of the Contract Documents (or in the ��rxwaons of .any other dsrea contract with OWNER for work on the Proiect) to adana.'the des tin to the nreposed substauto are whether or not mourporation err use of the substitute in connectionwith the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, reair and replacement service will be indicated The application will also comain an itemized estimate of all casts or credits that will result directly o indirectly from acceptance of suchsubstitute, including costs of redesign and dawns of odw contractors affected by the resulting change, all of which will be considered by ENGINLER in evaluating the pprr substitute. ENGINEER map rprequse CORACTOR to furnish additional data ebcwf the proposed substaute. &113.. CONMIC7i1R'.i Expeme: All data to be provided to, CONTRACTOR in support of any proposed "or -equal' or substitute item will be at CONTRACTORS expense. 6.7.1 5ub5titutc Connsindction Me*o,* or Procedures: If a iftc means, method, technique, sequence or proof construction is shown or indicated in and expressly requited by the Contract Document.-, CONTRACTOR may furnish or utilise a substitute means, method,technique, sseaqquence ur procedure of asattruction acceptable to ENGINEER. CONTRACTOR. shelf submitsuffrcient dnformatim to allow ,ENGINEER inENG1NEER's sole discretion, to determiiu that the substitute proposed. is equivalent to that w ready celled for by the Contract. Documents. The procedure for review by ENGINEER will be similar to that provided in utbparapgaph 6:7.1.2. 6.7.3. Enginea6 Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.71.2 and 6.73. ENGINEER. will be the solejudge of accyNalxhty. NO 'o-yqua1 or substitute will he ordered, installed or utilized without Ia"NOMER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop. Drawing, OWNER may require CONTRACTOR to furnish at CONTRACTOR's eVense a special performance ,wa�u guaranteeor other surety with respect to any "or -equal" or Substitute, ENGINEER Ail] record time required by ENGINEER and ENGINEER's Conwrltaras in evaluatingsubstitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.T L2 and 6.7.2 slid in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER. accepts a substitute item so proposed or submitted by CONTRACTOR. CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER'S Consultants for evaluating eachsuch proposed substitute tan. Concerning Subcontractors, Suppliers and Olken., 6.8.1. CONTRACTOR shall not .employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER. and ENGINEER as indicated in paragraph 6.8.2). whether initially a as a substitute, against whom OWNER or ENGINEER may hove reasonable objection. CONTRACTOR shall not be required to employ any Subcrnotraoor, Suupppplier or other person or organvaGon to furnish a perfrnn any of the Workagainst wham CONTRACTOR has reasonable obieaion. EKDCrENFRAL CVWXVION319104 (1990 Edltim) wi CITY OF FORT vOLLINS moDaicATION3 MV 7200m CONTRACTOR sht L not less than 20 &FSxa'plik.,tlf th�1�m vnth its. ewer _ . � (th&4_Ig without suboailtmc Oval .The 2.0r eat re moult 3h8 ti Pe1VY t0 the Work_the value of which teals not less than20 percent. of the Conflict f 'ii to ry-Genditions Bidding identity of certain. orother persons a e who are to f nnish the s or equipment) to be aluwrararci. Iva a cot Or crwnrtt a ENGINEER of any ouch ubastmcto, Supplier or other person or organization shag constitute a wower of any right of OWNER or ENGINEER to reject ahfecrim Wok. 69.1. CONTRACTOR shall be fully responsible to OWNER real ENG[NEER for all ads artd omissions of the Subcintradors, Suppliers and other persons¢ and cvganimtims perfmning or furnishing any of the Work under a direct a indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTORS own acts and cmissiom Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier a other person or organization, nor shall it create any obligaGonan the part of OWNER or ENGINEER to pay or to we to the payment of any moneys due any such Subcontractor, Supplier or other person a organization except as may otherwise be required by Lows and Regulations. OWNER or ENGINEER may firrni.h tp_xnsuticintrxeta .surlier or other_p;ersgn a aagnrytGon evidence of amounts paid to CONTRACTOR in accordance with CONTRACTORS"Applications for Paymrnt" 13 hall be solely the ble Peariirsr rmnatuiv of gad otbar personsand or Furnishing any of the. a 6,10. The divisions and sectioro of the Specifications and the idenifiaoom of I)ratirir shall tar control CONTRACTOR in visting the Work among.. Subcontractors or ",,Hem or delineating the Work to be. perfa'mcdbyany apaafrc trade. lamawdRepladems: 6.14.1. CONTRACTOR shall give all nooses and cotnf l With all Laws anti applicable to Rum and pmfonnance of the Work. whets expmaily raptured by epph e Laws and Regula4as; reader O nor RWINEBR shall be responsible far monitoring CONTRACTRs compliance with any Laws or Regulations. 6,14:2, If CONTRACTOR performs my Work knowing or having reason to know that it z contrary to maws or piegulshos, CONTRACTOR shall bear all claims, costs, kpams and denmgas causal by, arising out of m rest ' there min; Ivor, it shell ref. be CONTRACT 'S. primary responsibility to make ewtain that the Speci tions and Drwinga are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTORsobligations under paragraph 3.3.2, Patent FirmandRoyabiee: Tares: 6.12, CONTRACTOR shallpay all license fees and 6.15. CONTRACTOR shall pay all sales, costtmer, royalties and assume all rents incident to theuse in the use and other similar taxes required to be paidby performance of 8e Work orxlta incorporation in the Work CONTRACTOR in accordance with the Lows and of any invention, deatgn, process, product or device which Regulations of the place of the project which are is the subject of patent tights orcopyrig o held by others. applicable during the performance of the Work. If a }articular invention, design, process. product or device is specified in the Contract Documents for use in the 613:1.. OWNER is exemot from Colorado State and pertermannce of the Work aml iftu the adualkrnowledge of Igy l..,.,sal�s gem usg ,;laiitv#__y ttl jaJs_ to br OWNER or ENGINM its use is subject to patent rWts *tatl,jt i,Ihg gGq, ,_ aid igw_s or copyrights calling for the payment of any Wow as or shall not be included rotes Contracct Prince. fullest costs, permitted by Laws am CONTRACTOR. shall indemnn* and OWNM ENGiNIMP, RNGiN ER's Cant Officers, directors, employees, seems and at of each ,and any of them from and against a losses and damages wising out of or ran infringement of patent n0 or r rights use in the performance'Ithe W M res incorporation in the Work of ay my rxocar,.product or device not specified. i E7ttUC0F.TiF,iRA4C0ND1770P$19te-B (l7M BAtim) 14 w/MYOFFORT COLUM MOnxFICATIOM OL4V41200e) Coloraalo Department onfRevemne State Cepiml Amtmt Page is too large to OCR. 1375Sherman Street P9AMCoj0A4P.III 26t. Sales and Use Takes for —the State of CalcMdD i ajonl._.T#ausiratation Dis W (RTDI and certain Cblomdo counties are collected by the State of O3 and star „d_in t}tc Cernheau-.lk..,._. Exemption, 'Al U T to tie lac taxes):on aitems otherilan ronstntctian and bu'sldirrm m=gij„OMBUy Mfp Xd into the at ee to I RACTOIt and a be included inamronriste bid items. Use OfPnmtsea: CONTRACTOR shall confine other Land end aims permitted by Laws. and Regulations, righiswf--way, permits and eaaemcnt& arch shall not umeasnnehly enchmnber the prmnises with con4metion aryhpmem or o materials or equipmtem. CONTR\CfOR shell assmne full reyTamitthty Cnr arty damage m carry such Land oe ant, or to the owner or occpant tlareoCa of carry aof scent land or areas, resdtng from the perfamanae ofthe Work SMuid arty claim be mad& by any : owner nor M because of tFie. pertermame of the Work, GON'TOR. shell promptly stttla crab suds otuer iony by nep;<tiation a otherwise msdvethe claps by arbitration a athaolispuce resolution proceedingorat law. CONTRACTOR shall, xn the fullest urtem permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGMER's Consultant and anyone directly or indireotly employed by any of them Cram and against all claims. costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER. ENGINEER or any other party mderanifred hereunder to the extent aced by or bused upon CONTRACTOR'sperfomalce of the Work. 6.17, During the progress of the Wak CONTRACTOR. shall keep the: premises &eefrom accumulations of waste material& rubbish and other debris resulting Hoar the Weak. At the completion of the Work CONTRACTOR shallremove all wage materials, rubbish and debris from and about the premises as well as all tools, appliances, ccrostruclion equipment anti machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occuparwy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property notdesignated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not lad nor permit any pan of arty structure to be loaded in any mama that will codarga the structure. nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses a pressures that will endanger it.. kecam Documents". EXI)CGENERAL CONEXTIONS 19104 (19" EMM) w; CITY OF FORTOOLLIM MOnnlCA11ONS IREV 4n000) 6.19. 00NTRACTOR shall mairtrun in a safe placard the site one record copy of all Drawings, Specifications; Addenda. Written Amendments. Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant: to paragraph 9.4) in�ood. order and annotated to show all changes made during construction. These record documents together with all approved Samples and a co of all approved. Shop Drawings will be avmla ENGINEER for reference, Upon completion of the Work and aria to release of final Gavin these record document&. Sampler; and Slop Drawings will be detiverid to ENGINEER RrOWNER, Wetly and Proteadan:• 6.20. CONTRACTOR shell be responsible fa inniathro, maintaining and supervising all safety preatrtrars and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or Iossto: 6.20-1. all persons an the Work site or who may be affected by the Work 6 202..all the Work and materials andequipment to. be incorporated thercin, whether in storage on or off the site; raid 6.20.3, other property at the site or adjacent thereto, including trees, shrubs, lawns; walks, pavements5 roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the coarse or construction CONTRACTOR. shall comply with all applicable Laws and. Regulations of any public body having jurisdiction for safety of persons or property or to protect them fran damage, injury a .loss; and shag arch and maintain all neeessary SA aguards for such safety, and protection. CONTRACT OR2 shall notify owners of adjacent property and of ound Facilities and utd, owners when prosecution of the Work may affect Lau, and shall cooperate with them in the protection. removal, relocation and replacement of their properly. All damaggee injury or loss to am property referred to in paragraphs 6.20.2. or 6.20.3 caused, directly or indirectly, in whole a in part; by CONTRACTOR, any Suboommetor, Supplier or any other parson or organization directly a indirectly employed by any of them m perform or furnish any of the Work or anyone for whose ads an of them may be liable, shall be remedied by CONTRACTOR (except damage a loss attributable to the fault of Drawings or Specifoatioro or to the acts Or omissions of OWNER or ENGINEER Or LNGfNEER's Consultant or anyone =played by any of them or anyone for whose acts any of them may be liable; and not attributable, direly or indirectly, in whole Or in part. to the fault or negligence of CONTRACTOR or any Subemrada. Supplier or other person or organization directly or indwecty employed by any of them). CONTRACTOR'S duties and rot onsihilities for the safety and protection of the Work shall co mue until such time as all the Work is completed and ENGINEER has issued a 15 notice to QWMR and CONTRACTOR in accordance withparegtaph 14.13 that the Work is acceptable.(owept as. otherwise expressly provided in connection with Substarew Completion). 621. .Safety Repreleaardre: CONTRACTOR shell designate a qualified and over enced safety representative at the site whom duties and rasponsibdiiies shall be the prevention of accidents and.. the mamtainug and supervising of safey precautiorsv and. prugraans Horrid Commumicalmn Progmms: 6,22. CONTRACTOR shall be rospcenble for coardii>afaig any eewherge of material safety data sheets or other hazard communication information required to be merle available to or cow arged between or among employers at the site in accordance with. Laws or Regubtims: 6,241. S6op.DrawfngsandSampfer. 6:242 CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample mbmdtnls. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and. ctherurise as IRNGINEEP may require to enable :ENGINEER to review the submittal fa the limited Ea3M0WERALCONDIT1OM 191" r1990EMM). 16 wr CITY OFFORT MLLINS MODIFICAT10Na(P" 2000) purposes required by peregmph6.26 The members of each Sample to besubmitted will be as specified in the Specificalmns. 6:35. .Sabmiffid Procedumr 6.25.L Before submitting each Shop Drepn or SampIc CONTRACTOR shill love dearmvted: and verified: 625..1-L all field measuremants, quantities, d rmusims, speeded .performance criteria, installation regA emems, materials, catalog numbers and sunihar infamabon with .respect therein, 6.25.12. all materials with respect to intended UK. fdiviatiIM rig handling; e, assembly aril. nr�tron pertaining to perfermtanceoftbe Work, aced 6:25.0 all informationrelative to CONTRACTOR's sole raaporsibilitia in respect of mean; methods, twhxnqueq sequences aril procedures of construction: and safety, pre autiom and p rogmmsincidett thereto. CONTRACTOR abed also have reviewed and coordinated each: Shop Drawing or Smnpk with other Situp Drawings and Samples and with the requirements , of the Wick and the Contract Documents, 6.25.2 Each subinittal will bear a: stamp or specific written me icat on that CONTRACTOR has satisfied CONTRACTORs. obligations under the Contract Documents with respect to GONTRACTOR's review and approval of that submittal 6:25.3. At the time of each submissiot, CONTRACTOR shall give ENGINEER. specific written notice of such vanatiaa, if any, that the Slop .Drawing or Sample submitted may have from the requirements of the Contract Documents such notice to be in a written communication separate from the submittal; and, in addition, shall muse a specific notation tobe made on: each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawl L.haand Samples in accordance with the schedule of Shop wirgs and Sample .submittals accepted. by ENGINEER as required by paragraph 2.9. ENGINMWs review and approval will be only to determine if the items covered by the submittal will, after installation or moarpcmation m the Work, cemfarm to the information given in the Contract Documents and be compatible with the design concept of the completed Project us a functioning whole as indicated by the Contract Documents. ENGTNEER's review and approval will not extend to means, methods, webniques, sequences or procedures of construction (except where a particular mearm method technique, sequence or procedure of construction is specifically and expressly called for by the accordance with the Contract Documents or release Contract Documents) or to safety precautions or programs of CONI'RACTOR`s obligation to perform the Work incident thereto. The review and approval of a separate- item as each will not indicate approval of the assembly m. inaccordance with fihet.:ontrattDowments� which the, item functions . CONTRACTOR shall make 6.30.2.1. observatiotsbyMINM; corrections required by ENGINEER, and shall ream the reruired number of eorracted copies of Shop Drawings and. 6.30.2.2. recommendation of any progress or submiti as regtrired tuw 5ampies for review and approval. final payment by ENGINEER: t'.O2*;TRACTO&.sYmll direct specific aacmior in writing to. revisions other than the corrections wiled for by 6.30.2.3, the issuance of a certificate of ENGINEER onprevious submittals Substantial Completion or arty payment. by OWNER to CONTRACTOR under the Contract 6,27: ENGINEER's review and approval of S''�pp Dorumentst Drawings or Samples stall not relieve CONTRACT01� from resixi sibility for any variation from the requiranents 6.30.2 4. use or occupancy of the Work or any ofthe'Cmnuact Documents unless CONTRACTOR has in part thereof by OWNER;.. writinng called ENGINEER's attention to each such variation at the time of submission as required by 630,2.5. any acceptance by OWNER or any paragraph 6.25.3 and.. ENGINEER has given written failure to do so; approval of each suchvariation by a speck written. notation thereof incorporated in the Slop 6.30.16. Slop or accompanying any review and approval of a Doming or Sample approval, nor will any approval by Drawing orSamplesnbminal or the issuance of a ENGINEER relieve CONTRACTOR from responsibility nation of acceptability by ENGINEER pursuant for complying with the requirements of paragraph 6 25.1. to paragraph 1413, 6.29. Where a Slop Drawing or Sample is required. by 630.2.7any inspection, tact or approval by the Contract Downrants or the schedule of Slop thawing others; or and Sample sulmissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed 6.30.21. any correcuonof akfective Work by prior to ENGINEER's review and approval of the pertinent OWNER, su mal will be at the sole expense and resposibility of CONTRACTOR. Ineeam:Jitstion: Condnrdng the Work: 6,31, To the. 'fullest extent pmnitted by Laws and Regulations, CONTRACTOR shall indemnify and told 6:29. CONTRACTOR shag carry on the Work and harmless OWNER, ENGINEER, ENGINFT.R's adhere to the progress schedule during all disputes or Consultants and the officers, directors, employces, agents disagreements with OWNER. No Work shall be delayed or and other comnitants of each and any of them from and postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as againstall claims, costs, lower and damages (including, but rot limited to, all fees and Barges of ergineers, OWNER and CONTRACTOR may otherwise agree in architects.. attomcysaodoilhrx lxpfessionals and all court writing. or siiiRaGon nr other dispwtereaohuion coats) caused by. arisingout of or resulting them the performanw of the 630. COIJTR.tCTOR's General Wanan{v and Work, provida3 that any such alarm: east loss or damage: Gaaranree: (i) is attlibumbla Eo buddy injury, sickness, disease or death; unto injury to or destnrction of tangible property 630.1. CONTRACTOR warrants and guarantees to (otFner than ilea Work itself}, fneluding the bss of use OWNER, ENGINEER mid ENGINEER's Consultants resulting tlrerafroq and (ii) isamised in w}mle or in part. that all Work will be in. accordance with the Contract by any neghgera aetur emission of CONTRACTOR, array Documents and will not be dsketive. Subcorntractor, array Supplier, a parson mr organ'vaGon CONERACTOR's warranty and guarantee hereunder directs or irxlvactly employed Sy airy of them to perform excludes defects ur damage caused by: or furnish anyy of the Work or anyone for whose acts any Of them maybe liable, regardless of whether or not caused 6.30.1.1, abuse, modification or unproper in pant by any negligence or emission of a person or entity maintenance or operation by personother than indemnified hereunder or whether liability is imposed CONTRACTOR, Subcontractors or Suppliers; or upon such indcmnafied party by laws and Regulations of the negligence of any such person or entity. 6.30.13. normal wirer and tear under normalregardless usage. 6.32. In any and all claims against OWNER or ENGINEER or any of [heir respective consultants, agents, 6.30.2..CONTRAC:TOR's obligation to perform aril officers;. directors or employees by any employee (or the complete the Work in accordance with the Contmet Documents shall be absolute. None of the following survivor or ppecrw rsah representative of such employee) of CONTRACTOR, Subamtractor, Supplier, will constitute an acceptance of Work that is rat in any dry any person or orgarrization directly or indirectly employed by area sLmm v mNOFnorvslslasuv uadtiwl 17 wi C]TY of 1bRr COLLINS MCCIFICA11ONS(REV 42000) any of them w perform or famish airy of the Workor anyone; for whose acts any of than may be liable,the. indemnification obligation udderparagraph6.31 shall not be limited in any way by any limited an on the amount a type of demagg�ass,, compensation a benefits payable by a f'in'i..C''ONTRAC"YOR or any such Subcontractor, Supplier or 06W ppeerrmsedva a organization under wodoxa arnpelaetioh adKa,. disability bcnefit ads or otter employee bane®t cots; 6.33. The indemanifw",)n outiptions of CONTRACTOR under paragraph.631 shall not extend to the iiebilay ofMN*DMER and ENGINWR's Comulmrms officers, directors, employees or a mused by the proli ssional negfigence,trrors or amissions of any of them. Sury not of0bligadaur 6.34. All representations. indemmficatiaax, warranties midgumamaes made in, required by or given in, accordance with the Contract Documents, as well as all cartfinuing o�� fiats indicated a the Contract Docum will survive that payment, completion and atxepfenes of tte Work and termination or completion of die Agreement ARTICLF..7.OTHER WORK Related Wrrkar Sete: 1L OWNER may perform other' wokrebated. to the Project: at the site. by OWNEWs own forces, or let other direct.: contracts. therefor which shall contain Geneal Conlitio s; sun filar to these; or have other work performed by utility owners. If the fact that wxh other work into be performed was net noted in the Contract Documents, then: (i).written notice themot'will be given to CONTRACTOR ppo�±or tortr Arty 6uch other work and (tt)CONTRACTOII may make a ckunt therefor as. provided in Articles I and 12 if CONTRACTOR believes that such performance will involve additional eat to CONTRACTOR or requires additional time and the parties. are unable to agree as to the amount or exam tthereof 11 CONTRACTOR shall afford each other connector who is a patty to such a direct contract mill each utility owner (and :OWNER, if OWNER is performing the. additional work with OWNER's employees) ;proper and safe access to the site and a reasonable oppanm for the introduction and storage of materials anal aqu 0AMa t and the execution of such, other work and shall properly connect and coordinate the Work with theirs. []rtkss otherwise provided in the Contract Documents. CONTRACTOR shall do all cutting, fitting and patclang of the Work that may be required tomake its several parts wine together paoparly and nonegram with such other work. 'CONTRACTOR shill not endanger any work of others by totting, excavating a otherwise altering t}reir oak and roll any autaalte t}hoir world. with ile written conaKet of 11TfCrR4EfiIt an0 theditliers wlcse oak wall be affected. the duties and rospms�b ilitics of CONTRACTOR underthis paragraph am. for the benefit of such utility owners and other oomtuctors tothe meet that them are wmpamble IS E&WOENERA4CONIA110M IvI0430wee Eryd "��) vd(TrY OF Foal' COLLINS MODa7CA'rIONS(REV A2000) provisions for the benefit 4 CONTRACTOR in said direct contracts betweertt OWNER anti such.. utility.. owners saw other contractors. 7A If OWNER contracts with others for the rwmanee of other work an the "ad at the site, the aving will be act forth in Supplementary Conditions: 7AL theparsm;frtm,meapaetionwhowillhave authority and rerrsihnGty for coordination of the activities among the various. prima contractors will be identified, 7.4.2. the. specific matters to be covered by such authority mad resporsibili ty...will be itemized, and 7.4.3.. the &,mm of such authority and roponsulhilities will be provided. Unless otherwise provided in the lementary Conditions, OWNER shall have sole city and resporaftty in respect of such coordnation ARTICLE &-OWNER'S RESPONSIBILITIES &L t as otherwise provided in these General Conditions, bWNY,'R stall issue all communications to CONTRACTOR through ENGINEER. 8;2. In case of termination of the employment of ENGINEER. OWNER shall appoint an engineer against w 01'4Rmakea•nrr-ieaaarmblaeltjeatnn; whose sates under the Cormact Documents shall be that ofthe former ENGINEER 8.3. OWNER shall frnish the data mquiredi of OWNER under the CondmdA Documents promptly and shall make payments to. CONTRACTOR pranlrity when they are due as provided in paragraphs 14.4 and 14,13. 8.4. OWNEfts duties in respect of providing lands and easements and providing ongineering sureey to establish refensuz points are set forth. in par abnephs 4.1 and 4.4. pmegraph4.2 refers. to OWNER's identifying and making available to CONTRACTOR co*s of reports of explanations and tests of subsurface conditions at the strand drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGiNEELt in preparing the Contract Documents .... EN( .. ..., dete fen nperagaplts-55 :t& aces will 9A OWNER is obligatedto execute Change Orders as site indicated in paragraph 10.4. Wo 8.7. OWNER's respwnibility in respect of certain v at d e inspections, testa and approvals is set forth in Con paragraph 13 4, site info 8.8, In connection with OWNERs fight to stop Wake Suet suspend Work, we 13.19 and 15.1. visit Paragraph 15.z deals with, O 's right to terminate limn services of CONTRACTOR under certaincircumstaoas. sot I 8.9. The OWNER shall not supmvisc, direct or have ==I or suthorim over, nor be responsible fa. 0 pro ens mmaem meram, or Tor any failure .a C M'RAC,TOR to comply with Laws and Regulatime applicable to the furnishing or p� onname of the Wake. OWNER will rut lie rrsprxfu'ifle for CONTRACTOR's fAilurc to perform or furbish Weak Weak in aconrdance with the ContraotDocuments. -�iWS+IliRsteaperusikulity-in-rM"--of-rWaste isolesod Radioactive Materials tftevemd at ressepled at th� site finn" mrangeuneitts-have--bar-nredo--to-..satis€y.-E1VFNE�'s Garoset Document OVIENEWS mppr,11b Cs tee reatt"wig-bees-set-fenhef-the ARTICLE 9-ENGINEER'S STATUS DURTNC CONSTRUCTION OWNER's Represenmativ¢r 9.1, ENGINEE+R. will be OWNER's represetAwive during thecovstract on period. The duties and responsibilities and the limitations of autlariry of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be odendLd without written consent of OWNER ant HNGINETdR. prsits to Simc: 91. ENGINEER will make visits to (he site at intervals apppprropprirnate to the various stages of construction as hN(e ER deems necessary in order to observe as an experienced and qualified design professional the progress in the quality of the various aspects executed Work- Based.. on rug such visits and observations, ror for the benefit of OWNER to if the Work is proceeding in ntract Documents. H'NGINRER cake exhaustive or continous on- k the quality or quantity of the efforts will be directed toward (greater degree of confidence that will conform generally to the in the basis of such visits awl on- GINEER will keeepp OWNER of the Work. and will..endeavor to defective Work. ENOMEER's vists or observations of CONT ENGINEER will not supervise, direr authority over or be responsible for means, methods, techniques; saquena ou ostmemn, or the sa&ty pmceu:6 maideitthereto, or for any failure of ( orrol, with Laws aril Rmodations furunvissfhuing or performance of td3ntee Work Fi Meet Repnsanradve: or have or procedures of OR to to the 9.3. If OWNER and IltGINHER agree. ENGINEER will tarnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Wok. The ragpmmubilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9,1 _and 9,13 Conditions of these General Conditions. If OWNER tes another epr mve or agent to represent. O R at the site wluo u nuot ENGt M!s Consultant, agent or employoe; the responsibilities and authority and limitations thereon of such other person will be as Mative wok will. in general, be withnn7GWntoCONTRACTORBen, the .$_e}rpsen@ttive,.�will., keep_Ihe, QWNGR_I>r5?5?pSS1X advised. abopk swh m8jtc_r3._ Fy@. Repregrnte3iys�s aiihi s whh subcontractors will only be thnwfih a with,._thbu Gtll_k ngwio�ge,...tu!s?...,.xfeyal_ uf`__tIw CONTRACTOR. 9} I Duties ant Responsibilities. Representative w 932.1. Sehedu'gs - Review the moarem EXDCGENERAL COMMOM 1910-8 (19" EAfim) 19 wi CITY OF FORT COLL1Na MOI)IFICATION9 ❑(LY4,`m000i ... M71WL Q..l *1v WIM •r• •m r 'Ly r 1 t � 4Y.11 14.1___E-1PP4X_� Yi.em4 tine: miblia a other maeneios having J SVy# Plvi�� r She.te�itt$ �tlao and resort to the Aocmnmtx— Report to ENPRI,ER wjNn clarifications and iotermetations of the Cmtrnct D(wveys gm n"AW..,...a 1.._�t+sn_?m.It_. a CONTRACTOR clarificatim and msemotatim of the Ctxaraet. Dmrmentgas.._issued hy, the 9.326. ModiGlatims. Cansidar and evaluate CONTRACTOj2,5 suggestion fa 5XMOF�AL CONDITIONS I910,8 (19WIAtim) ZO wiCITY OPPORTCOLLRNS MOOaICATIONStREVd200a) 23 2.7_Rana—Ar U2- RAp9 x n&or�&g�. �f of am Wgk__s�r] of '_ACTOR'S eV.4iik� the oraaraes 1� ,Kk ly]e_. oL..slw Dr wjwins.®aad samok sul n" 4.� k.#>2,._._. coaslrk w;th Ayt3INfi&R jnsg; ,igro.or Sian of imoartartf. Of the \?lark, 9..._ 2.8:3...� Draft woDm Charat Orders and Oita baalttm matonal Ftmt the CONTRA91OR.. sneT ree ma to' OBICho Orders. Wmk Directive Chames and Geld orders. 9.3.2.6.4. Report :immediately to �r�gR and owivER t�ta>wsp� oc any 23329 Pay3pm ${ggyy{s Oiew.Nwicarions with the eslaWWwd mwe&m for their wtani mi m and Forward with recommePdatim to yeatucalarly the relationship of requirements of the . e P.aXt2eni—reL estcd to the sL„}3±rtlule oC vA4ea: Tkawingv or othely corm d at r is ne�uy, which sh ck'v _ai ihe_site lw4 not inrorpora w_ln_.,.the reasonably rnfetabk )3 z Iy our teen elariGcatioia 9 352.10u C.ompleiiar,_ submit u CONTRA[ OR a Irst of ob ved items rraring Iffi carecuonor oonoletion 93210.2. Conduct Tonal hrscectian. in the oontpajy of the BNGINBER OWNL02. and a final list of itetnsto omrededorcomoleted: 9:3.2:10.3. .Observe that all items on the final list haw bean corrected or complawdand make recommendations to 1�1GINEER coneernma: aeoepmrnx. 9:3.3. Limitation of Aut hotim The Pepresentative shall. t1�t. 933:1. Authorize my„_devnatiom kom the Contract Doeumants or .accent unv suheicute a9e1e[ieFs�'rsaiBmeffi._Ln�siat!4k�Cjz,�d 1>y_klte ENt}I ERK �:3.32__Cpteecd _IvnimticaEs__oj_.:CiNG[NS.EK'S awhotrav asset forth in the. Contract. Documer" 9:3.3.3�, _U,nrlertake ar�r_oftha. res..pornsibilitea d the CONTRACTOR_ Subcontractors. or S4l�TRACL'�_atnps k £� 3,9�_....f±d�a�.la�.9rdiE�Sl4ns�l�ntYe to or aswnye_eomrol over any, azoct of the mean�,s m_hrpgues, sequepees _or 1x9tietls3Tt5_� bstl ypl4�_snsch _ia s eci icgily called for in the Contract L)ocunents. 9.3.3.5. Advise on a._._!a __dneptions k' pt•.Pita,grnd, prodms.mcaactions with,the submdtals from anyone other than the M- N—TRac"K 9,3.3.7. Authorize OWNER to occupy the Workinwholeorinpegt. -- tabo rato.__._esttjevipate fin n s; conducted feeld_.__9I ksboratory tests or inxaeLtioru omJucterl by etFuss owela___aa.. specrRlaEy_, autlroriecd... by__* ENGINBIiR. CWifscarions and Intopremffons: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretauone of the a the Contract Tuna to the amount or ex CONTRACTOR may provided in Articleit t Documems (in the form of ENGINEER may determine isistent with the intent of and :l.',omract Documents. Such rpretaticns will be binding on .'TOR If 04YNER. a rat a written clarification or ustment in the Contract price m parties we unable to agree vxao{ if any, OWNER a a written, claim therefor as isle 12. Amtkorized Variations in. Work 9.5. ENGINEER may authorize minor variations in the Work from therequirements of the Contract Doeumams which donot involve an adjustment in the Contract Price or the Contract Times and are compatible with thedesign concept of the completed Project as a functioning whole as. .indicated by the Contract Documents These may be accomplished by a.F'ield Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Walt, involved the Cataract Timm and the parties are unable to agree as to tha :amount or rodent thereof, OWNER. or CONTRACTOR may make a written claim therefor as provided in Article 1.1 012. kqeding Defective'Wark: 9A. ENGINEER. will have authority to dampprove or reject Work which ENGINEER believes to be defective. or that ENGINEER believes will not produce a completed Project that conformsto the Contract tocaments or that will .prejudice the integrity of the design concept of the completed ProJject as� a function[ whole as indicated by the Connors Loomnems. EKG w01 also have authority to require special inspecfirn or testing of the Wok as provided an paragraph 13.9, whether or not the Work is fabricated. installed or completed. Shop Drawings, Change Ord&%and Payments. 9.7. In connection with ENGINEERs authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change OrJas, see Articles 10, 11, and 12. 9.9. In commotion with ENGINEER's authority as to Applications for Payment, see Article 14. Deaerninadens for Vnit Prices.' 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the FNGINERR's preliminary determinations on such matters before rendering a written decision thereon (by recornmendation of an Application MVCOBNERAL CONDITIONS 191e8 (IMEMM) 21 WICITY OF FORT COLUM MM1FICAT10N8IREV 4n Way DedAonson D apuw 9.11, INGINEER. will be the initial interpreter of the a rbN'F tse agreed in writing l y OWNER 9.12: When 8tnctiming as interpreter and 'udge under patagmplss9.10 and 9.11, ENGMEM l net slow partiality to OWNER: or CONTRACTOR and: will not be a decision by ENGINEER pumuena to paragraphs 9.10.a 9.11 with respect to maececarachaecamvedda mn . or of Pawl payment as provided in peragm 143will be a condition sudrto any ,— exMISID ayOVY .acCt7bITRAt:TO oti: frightsa remedies es either may otlarsviashava under the Contract 9.13, TtrdMN»as on ENGIAaEER's Authority and )f07Hdss:• 9.13:1 Ntow ENGINMs authority a reswnsibil under this Article 9 a under arty h r — provisfon of the Canhact Documents nor any daciainar. made by ENGTNM in goad: faith either to exercise or tart amrcM suit auth on or resputatbility a the u�ttdetakinE exercise or of any authority h;1i*v t. T.hr .iNRRR ehun . rswtn changes in the Contract Price or Contract Times wdl be or give rise to my duty owed by ENGINEER to referred unkiaUy to ENGINEER in writing with, a request. CONTRACTOR, stay Subcontractor, arty Supplier fa a formal deosion in accordance with this paragraphany other person or aganupon, or toany surety for Written notice of each such claim, d's�ute or Other matter or employee or son t of any of them. wdl be delivered by the claasam to I�TGINEER and the — other tarty to the ent promptly (but in no event 9.13.2. ENGINEER will not supervise, direct, later tiara durty days after the..smrt of the occurrence or cormol or have authority over or be responsible for - event giving rise thmvto, and written supportatgpeadam will CONTRACTOWs means, methods. techniques, be submitted to ENGINEER and the o a ty within sequences or procedures of construction, or the safety spay days after the start of such ocature ace at event unkss pt'tuautiga and programs incident thereto. or for any ENGLNEER allows an additional penal of time for the failure of CONTRACTOR to «amply with Laws and submission of additional a more acateme data in support. RRaagguulatian Umber to the ahunisldna or Of such daunt, dtsprtro err piano matter, The �pp96u party perFomtathas of Work. ENGINEER wiU not be shatl submit any resporae to 73Nt3TNlLER maldte claimant respptsdik for CdNTRAC'COR'a Failure to perform within thirty Sys scot receipt of du claimant's last: or famish the Work in accordance with the Contras submittal (unless F33GTNBER alhows additiora] time). IJocurmwaa.. Ti�iG1NEER wW reader a formal dassion m writing within. thirty days order receipt of the oppnsutg parity's sumlthiml, if 9:I3:3.. ENGINEER will rapt be responsible for the any, to aca+rdance with this paragraph ENGIA1EBRs acts or omissions of CONTRACTOR or of any ... writrot decision ansp;h r:luim, a a tthkrmmtaw.iU Subcontractor, unygttPptiar a of any Sher persara be final and silting upon O0ard CONTRACTOR organisation performing a furnishing any of the uness: a) an appeal firom ENGINEERS decision staken Work. wiiliih. the time limits and it accordance with the cpmeedums set Forth in EXHIBIT GC -A, "Dispute 9.13.4 ENGINEER's review of the final Application Resolution Agreemenr, entered into between OWNER and for d'aymelit and seccmpenying documeaation and CONTRACTOR pursuant to Article 16, or (it) if no suchall maintenance and aperatbhg instrusiurxt, schedules, Dispute Resolution Agreement has been entered into, a grmanrem Bands artd certifisltes of inepaction. tests written notice of intention to appeal from. ENGDTBMs and approvals mid other documentation required in be written decision is delivered by OWNER a delivered by paragraph 14.12 will only be to CONTRACTOR to the other and to IiNGTNEER wtidun determine generally that their content complies with durty days alter the date of arch decision and a fomal the reeiuk mean ot, and in the case of certificates of tro>cealing is instituted -by the appealing party in a forum of inspections,tests aral approvals that the results competent jurisdiction to exercise such rights or remedies certified indicate compliance with, the Contract as the appealing party may have with r to such claim; Documents '— dispute or other matte in accordance wi applicable Laws and Regulations within stony days of the bate of such 9.13.5. The limitations upon authority and tirCDCUIDUALCONDITIUNS 191a-8t199Gli MM) 22 wl(,TIY OF FORT COLIANS NIUMFICATIONS(REV 42000) responsibility set fordt in this paragraph 9.13 shall: also apply to ENGINEER'S ComsultanK Resident Project Representative and assistants. ARTICLE 10-CHANGES INTHE WORK . 10.1. Without invalydaE' the Agreement and without notice to any study. tt may, at any time or from time to time, order additions, deletions or revisions in the, Work. Such additions, deletions or revision: will be autbunzed by:a Written Amendmea a Charge Order; or a Work Charge Directive. Upon receipt of any such document, CONTRACTOR stied pronptly pmw�r with the Work mMved which will his Par foem onthe 10.2. If OWNER and CONTRACTOR are: unable W agree as to the extent, of any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should he allowed as a.result of a Work Charge Directive, a claim may be made therefor as, provided in Article I or. Article 12. 10.3. CONTRACTOR shall not be entitled man imaease at the Contract Price or an extension of the Contract Tana with respect to any Work performed that is rot reyu*9 by the Contract Documents m amerced, modified and a lamented as provided in paragraphs 3.5 and 3.6, except. in die case of an emergency as provided in perngraf+}t 6.23 or in the case of uncovering Work as provided in paragraph 13,9. 10A OWNER and CONTRACTOR stall execute. appropriate Charge. Orden recommenced by ENGINEER. (o Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii)required because of acceptance of defeonve Wok under Paragraph 13,13 or correcting defecoie Work under paragraph 13. I4, or (iii) agreed to by the parties; 10.4Z changes in the Contract Price or Contract Times which are agreed to by the parties: and 10.4.3. changes in the Contract Price or Contract Times which embody the subsiance of any written decision rendered by ENGINEER pursuant to paragraph .9.11; provided that, in lieu of executing any such Charge Oiler, an appeal may be taken from any such decision in am ordara:e with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such Lra 1, CONTRACTOR shall carry on the Work and ad re to the progress schedule as provided in. paragraph 6.29. 10.5. If notice of any change affecting thegeneral scope of the Work or the provisions of the Contract I)acume ms E)CL>C(IENMfl LCONDnQM191"(199DF(tltim) cot ©r y OF I'ORTCDLLINS MOOIt7CATIONS(1(EV a,2 (*ee) (eluding, but not limited to Contract Firm or Contract Times) is required by the provisions of any Bond to be grgaiven W a oureeryry the givlrq) of any such notice will be CONf12ACT01 's. respottatbddy. and the amount of each applicable Bmid will be adjusted accordingly. ARTICLE II—C'HANGF OF CONTRACT PRICE. 11.1. The Contract Prim constitutes the total compere;ation (subject to authorized adjustmems)payable to CONTRACTOR for perlbnniog the Work. All duties, responsibilities and obli new assig .d to or undertaken by CONTRACTOR slmtlbe at M% RA CT OR' a expense without charge in the Contract Price. 11.2, The Contract Price may only he clanged by a Change Order or by a Written Amendinent tiny claim for an adjustment in the Contract Price shall be Lased on written notice delivered by the party making the claim W the other party and W ENGINEER promptly (but in no event later than thirty days) alter the start of the occurrenceor event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time Ibr claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement. that the adjustment claimed covers all known amounts W which the claimant is. entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with. paragraph 9:.11 if OWNER and CONTRACTOR moral otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph I 1 113 The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follow& 11.3.1. where the Work involved is covered by unit prices contained in the Contract. Documents, by application of such unit price W the quantities of the items involved (subject to the provisions of 23 paragraphs :I L9.1 through 11.9.3, liclusivey;. 11,32. where the Work involved is not covered by unit prices contained in the Contract Documents; by a unutually agreed paymehtbasis. including lump sum (which may inc" an allowance for overhead and profit not necessarily in accordance with. .paragraph 11.6i2p, 113.3, where "Work imvolvedisnot covered by unn.. prices contained in the Commit Documents and agreement to it Imp sun is not reached under pgraWallh 11.3.4, on the basis of the Cast of the Work (detcmmxd as provided in paragraphs 11A and 11.5) plus a CONI'R4CTOR's fee for overhead and profit Zdaeudnalaslmovided in paragraph 11 k), CoarnfWe:Wwk 11 4, The tam Cot of the Work means the sum of all costs :r rily Incurred anal paid by CONTRACTOR in dtepegt pesfomianm of the Work. P,xceptas at}herwise be agocod to in writing by OWNER, such oats shall. be in sae no h' r than those prevailm tha. locality of the Project, shall tnelude only the following. items and shall not include any of the costs itemiad in paregmph17-5 11 A. t. Toll costs for employes in the direct employ oi' CONTRACTOR in the performance of the Work touter schedules of job classifications agreed upon by OWNER and CONTRACTOR. such employees shall include without Im lution superintendents, foremenand other personnel employed full-time at the site. payroll costs for emplo}'ea% not, employed 1itll4ime on the Work shall be apportioned on the lasts of their time spent on the wort Payrollcosts shall inohrder-lubneCbe limited to, salaries and wages plus the cost of fringe benafrts whichshall include social: security cattribuuoft. on* or 'to to the ascent a Cog of allmaterials and et)uirpnera furnished cap"Med in the Work me ub'ng costaof nation and storage thereof. and Suppliers'' field a r uned in connection therewith All cash its sFm11 warm to CONTRACTOR unleas a deposits furls with CONTRACTOR with to make payments, in which cage the cash as shall accrue to OWNER. All trade as, rebates and refunds and returns fnmt sale of materials and. equipment shall accrue to IR, and CONTRACTOR shall make provisions SO tnattneymay oe onmmco. 11.4 3 Payments made by CONTRACTOR to the Subcorrtractors. :for 'Work performed of firnished by Subcontractors. If required by OWNER, EJC$)COFNERALCIONIXTIOF 1910-8(19"E&Mt) 24 wl(M Or FORT WLUNS MODIrIC.ATIOM QtEV4n000) shall obtain COmpeblive bids from acceptable to OWNER and and s}nfi deliver such bids to 1 then determine; with the advice of fee 6 11.4.4. Costa of special cormiltatms (moltd but not limited to mamems, ambitats, laboratories, surveyom attorneys and eoa employed for services specifically related to the 11.4.5. Supplemental costs including the following: i1A.5d. The p of neceseary move RI Ro ibsistence arpensas of 0 7 i ==R's employees ineWred in discharge ordutras connected with the Work; IIA5:2. Coat, including transportation and Maintenance, of all mawia� supplied equipmmt, machinery, appl ances, office and temporary fncilitim at the site and land tools not owned by the workers, whicharc consumed in the performance of the Work and cost less market value of such items used but not consumed which remain the property of ODNTRACTOR 11.4 53. Rentals of all construction aptipment and machinery and the parts thereof whittherreaerl from CONTRACTOR or others in accordancewith rental agreements approved by OWNER with the advice of ENGINEER. mad the cogs of transportation, leading, unloastitra, installation. dismamluig and removal tiweof!A11 in accordance with terms of said rental agreements. The rental of any such equipment machinery or parts shall came when the use thereof is no longer necessary for the: Work. 11.43.4. Sales, consumer, use or similar tares related to the Weak and for which CONTRACTOR is liable, imposed by Laws and. Regulations. 11,4.53: Deposits lost for causes other than zteftisice of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose sets any of thern may be liable, and royalty psymems and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not canpenseacd by insurance a otherwise, sustained by CONTRACTOR in connection with the Page is too large to OCR. ppeerformance andfurnishing of the Work (except 11.5:5.. Coats due to the negligence of Iwsses and damages within the deductible amoums CONTRACTOR. any Subcontractor, or anyone of gxopety insurance established by OWNER in directly or indirectly employed by an of them or for a nee with paragraph 5.91 provided they whose acts any of them may be liable, including, but have resulted from causes other than the not limited tqthe correction of dk0ective Work, SSULWgg rgence of CONTRACTOR, any 1 of materials or equipment wrongly supplied rector; or anyone directly or indirectly making good any damage to property. by s be and expersses shall be included in the Cost of the Work for the pu�posa of determining. CONTRACTOR's &e: It: however, any such loss or damage requires reomistructim and CONTRACTOR is placed in charge: thereof. CONTRACTOR she be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4,53The cost of utilities; fuel and sanitary facilities at the site Mina expenses such as telegrams, long distance telephone calls, telephone service at thestte, expressage and similar petty cash items in comedian with the Work. 114.5.9. Coat of premiums for additional Bonds and insurance required because of changes in the Work. 11.5The term Cost of the Work shall not in elude any of the following: I1.5.1. payroll costs andother compensition of CONTRACTOR's officem executives principals (of partnership and sole proiaietorshipsb general managers, engineers ardutects, estimators, attorneys auditors, accountants, purchasing said contracting agents,. expeditors, timokeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal a a branch office for general administration of the Work andnot specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph I IA.4-all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR'S office at the site. 115.3. Any pert of CONTRACTORk capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums lint all Bonds and for all inmmnce whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.59 above). EXI)C (WVAAL CONDITIOM 191" (1990 Wii* a: UTY OF FORT ML1JM MMIFICATION3 tKIEV 4N.A0o) .:Other overbead or general expersse costs of any kind and the cads of airy item not specifically and expressly included in paragraph 11.4. 11.6. The OONTRACTOR's tee allowed to CONTRACTOR fa overhead and profit shall be determined as follows' 11..6, 1. a mutually acceptable fixed fee; or 1 L6.1 if a fixed fee is not. agreed upon, then a fee based on the followhng percentages of the various portions of the Cost of dno Work: 11.6.Y.L. for . .costs incurred under paragmphi 11.A 1 and 11.4.2, the CONTRACTOWs fee "I be fifteen percent; 114:2:2. for costs incurred under paragraph 11.4.3, the CONTRACTORs fee shall be live percent; 11..6.2 3. where one or mare tiem of subcontracts an m the basis of Cost of the Work pplus a fee and no fixed fie is agreed upon, the iotem of paragraphs IIA.1, 11,4.2; 11,4.3 and 11.6.2 is that the Subcontractor who actually performs or finishes the Work, at whatever tier, will be paid afee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.41 and 11.4.2 and that any hi�Iner tier Subcontractor and CONTRACTOR wid each be 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.43 and l 1.5; M6.25. the amount of credit to be allowed by CONTRACTOR to OWNER for any. change whlch results in a net decrease in oust will be the amount of the actual net decrease in oust plus a deduction in CONTRACTORS tee by an amount equal to five percem of such net deaesse; and I L6.2.6. when both additions and credits are involved in any one change. the adjustment in CONTRACTOR's fee squid be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 116:2.5, inclusive. 113, Whenever the cam of any Work is to be 25 -deteritined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally a(xqpfp�I. accounting practices and strhmit in form sccepiable to 1T1GCNEER an. itemized cod breakdown together'. with supporting: data:. Cash ..clllawaeces., 11.9, Itisuraerstodthat CONTRACTORhasincluded in the Cknilmot Prise all allowances so named in the.. Contract Documents and salt cause the Work.: an covered to. be !'unmated and perfumed for such sums as may be acceptable toOWNER and ENGINEER. CONTRACTOR agrwihst 11.8.1 the allowances include the cost to CONTRACTOR. fleas any applicable oadc discounts) of materials mid oquipmem:required. theallowancm to bcdeftwa'edat time site,. and. all apphtbic taxes, and. 11.82 CONTRACTO$'s casts for unloading. and handling on the site, labor,:itatellatim om overhead, .profit and other expenses contemplated for to albwansts have been included in the Contract Price and not in the :allowances and no demand for additional payment an accowa of any of the foregoing. will be valid. Prior to final payment, anap riate Change Order will be issuad as recommended by BNCrMHER to reflect actual amounts due CX)NTRACTOR on account of Work covered. by allowances, and the Contract price shall be correspondingly adjusted. 11.9. un& Price Work or part of the Wank is to be Unit.Frice the Contract price will be [earned to Unit Price Work on am t M equal to estimated quantities of items no Ruoranteed and are sol classifications of Unit Price Work performed by CONTRACTOR will be nude by ENGINEER, in accordance with paragraph9.10, 11.92. Each uni price will be deemed to imrhale an amount consider by CONTRACTOR. to be adetpatte to cover CONTRACfOWs overhead and profit for each.repmtaeiy identified item. 11.9.3.OWNM a CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with. Article I I if: the quantity of any item of Unit. Price Wait perlbnncrd by CONTRACTOR. difrem material 4y and significantly from the estimated quantity of suchitem indicated in the Agreement, MCUBISTRAL,COND1TIOM 1910-8(1"0154001) 26 w C]TYOFFOaTCIOUIMMCt)IFICA'nOM SEV4nWD) and 1.1.93.2. there is no cemespondingadjustment with respect to any miter item of Wmk: and 11.93:3 if CONTRACTOR. believes that CONTRACTOR is agided to an increase in Contract price as a rawld of havenm$$ incurred additional expense or OWNER. Iteteves tat OWNER is entitled to a decrease in Contract Price and the parties, are unable to agree. as to the amo untafany such increasear decrease. 11.93ACONTRACTOR .ackrtowktl$es:. tlnt in 1Ai6a. at OWNER'S sole mow# aflisaing the Contract Not of mansatimll #am so ImE as the deletich or ..gt dw not 9M& lyrgtty-five percent of the original MW fist Price ARTICLE 12—t HANGE OF CONTRACT 71M E8 (or Milestones) may only be r or a Written Amendment. a of the Contract Times torn n written notice delivered by i to. the other party endto in on evert later tat thirty r the -event rise to the nature of the claim. Notice ,ith supporting data shall be ifter such occurrence (unless nal time to ascertain more )f the claim) and shall be A written stmementthat the Mine adjustmem to which the m itis entitled as a result of All claims for adjustment in tines) shallbe determined by e.. with paragrapt 9.11 nr OR camtot otherwise agree, t in the Contract Times (a no submitted in acoordance 12Z All time limits stated in the Contract Documents are of the essence of fhe Agreement. 12:3, Where CONTRACTOR is prevented from completing any pan of the Work within the Contract Times (or Mlestornes) Am to delay beyond the control of CONTRACTOR, the Contract Times (ra Milestones) will be extended in: an mount equal to time lost dun to such delay if a claim is made therefor as provided in MWA12. I. Delays beyond the control of ACTOR sail include, but not be limited to, acts or rxglect. by OWNER, acts or neglect of utility owners or caber commictors performing other work as contemplated by Article 7, fires, flooris, epidem" abnormal weather conditions or acts of Gad. Delays attributable to and within the control of a Subcontractor or Supp t�ier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any pan of the Work within the Comma Times (a Milestones) due to delay beyond the Marol of bath OWNER and CONTRACTOR, an extension of the wdrdday. Cn naavertt shall TI'RACTOR, arty Subarataso, ers(ut or organiratidri, or toany or egent of a+ty df ahem,. for residting font (i) delays caused. 9 of the CONTRACTOR; or ARTICLE 13—TE5TS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF 13.1, Notice ofDefeahr: Prompt notice of all rkfective Work of which OWNER a ENGINEER have actual knowledge will be given. to CONTRACTOR. All d4ivnve Work may be rejected, corrected or accepted as provided in this Article U Access to Work 13 2 OWNER. ENGINEER, INGINEERs Consultants. other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have seem to the Work at ressemible -#imes for their observation. inspecting and testirt. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tesisandingwdionr 133. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required: inspections, teas or approvals, my] shall cooperate withunpedion and testing persoratel to :facilitate requited inspections ortest- 13A. OWNER shatl employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contact Documents except: 13.4.1. for inspections. tests a approvals covered by paragraph 133 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 WDCUENE'RAL CONDITIOM 191" (19" Erma) wr aTY OF FORT COLLINS MMIFICATION3 (REV 4000m below siitdt be paid as provided in said porn raph 13.9: and 13.43, as otherwise specifically provided in the Contract Documents. If Laws or Regulationsof any public body having 0 in connection therewith, and Furnish ENGINEER the required certificates of inspector, or approval. CONTRACTOR shall also be responsible for anang�t�g and obtaining and shall pay all costs inocinn oo with and ENGMER's acaptome of materials orequipmem to be incorporated in the. Work, or of materials, mix designs, or equ tixnent submitted for ap a�aI Error to CONTRkCTOR's purchase thereof for incoryomtton In 13 6. if any Werk (or the work of others) that is to be inspected, tastedor approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER., be uncovered for observation: 13.7. Uncovering Work as ovided in paragraph 13.6 shalt be at CONTRAC,,T()Ws aspense unless CONTRACTOR. has given ENGINEER timely notice of CONTRACTOR'S intention to ewer the same and F,NGfNEER hasnot acted with reasonable promptness in response tosuchrlotice. Uncovering Work. 13.&. If aery Work is covered contrary to the written request of ENGINEER, itmust, it requested by ENGINEER. be uncovered for ENGINEEWs observation and replaced at CONTRACTOR's expense. 13.9.ifFNGINEERcomidatsitnooassarywadvisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEE.R's request. shall uncover, exposeor otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question,. furnishing all necessary labor, material and equipment If it is found that such Work is ciefec&e. CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of a resulting from such uncovering Cx7xnsttre, observation, inspection aril testing and of mtislactoy replacement or reconstruction, (including butnot limited to all costs of repair or replacement of wort of others); and OWNER shall be entitled to an appropriate decrease in the Contract price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Wok is not found to be defective, CONTRA('f OR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both directly attributable to such 27 uncovering, exposom, observation, inspection. testing, replacement and reconstruction; and, if the: parties are unable to oggeree as to the amount a extent thereof, CONTRACTOR. may make a claim therefor sa ptoviried in. Articles 1 i aid 12. OWNER May Srop As Weir: Carreotion or RanowNofDefeerive Work 1311. If required by ENGINEER, CONTRA promptly, as directed, eider correct all cafe whether or net fabricated. aafsgad a oom Work has been rejected by IiA1fi:DMM remov site and replace... it with Work that is ra CONTRACTOR shall :pay oil claims, coals damages ages mused by: or resulting .. fromsuch c .removal (including but not limited to all costs replacement of work of otters)... U.12. Co"dk+n.Perioek may be prescribed Laws or Regulatipm or by terms of any applim a special guarantee required the Contract Documents or by any specific the Contract Documents, any Work is found ent to Work. resulung dterefrwn) has been corrected. removed or reps under this paragraph 13.12, the correction period.hereunder with respect io such Work will be extended for an additional period of ens -year Ear .veers after such correction a removed and replacement has been satisfactorily compieted. Accepbewe ofDefiedn Work. dofecttver CONTRACTOR shallpromptly,without coat to OWNER slid in accordance with OWNERS written instructions: (i) correct such defediw Work or. if ithes been rejected by OWNER remove it from the site mat replace it with Work that is not akfective, and (4) satisfactorily crrtector remove and replace any damage to other Work or work of others resuitingtherefrom. If CONTRACTOR does not promptly comply with the terms of such instntctiorm or in an emergent' where delay would cause serious risk of toss or lama , OWNER maayy have the defective Work corrected or the rejected Wark removed and replaced, and; all claims; costa, losses and damages caused by of resulting ,from such removal: and rephaoemat (wludirg but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special ,circumstances where a particular item of equipment is placed in contimaws service before Substantial Completion of all the Work: the correction period for that :item may start to run from an earlier date if so providedin the Specifications or by Written Amendment. 13,12.3. Where defective Wait (and, damage to other Sr=OFi;WVJ, CONDMOM 191" (1"Q Edtidn) 28 WI(.7TY OF FORT MLLINSMODIFICATIOM0M, V4n000) CTOR fails the Contract ays' dwritten medy any such deficiwwy, in exerm" the rights mid remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective: and remaliel action, OWNER may entude CONTRAM)R from all or part of the site, take possession. of all or part of the Work, and suspeW CONTRACTOR's services related th erao. take possession of OONT.RACTORs took. apph times, owremuction equipment and machinery at the: site and im;orpcxate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stared elsewhere. CONTRACTOR shall allow OWNER. OWNERS representatives, agents mid emohoyeea OWNERS other writrawors and ENGINEW and ENGINEL+Rs Comiulmas access to the site to enable OWNER to exercise the rights and re reches under this paragraph. All claims, costs, losses and damages incurred a sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a.Change .Order will tx issued in=pomting the necessary revisions in the Catmct :fkx:umenrs with respect to the Wotk; and OWNER &h all be entitled to an appropriate deoresse in die Ccmmct Price, Batt if the parties are unable to agree as to a the mmmt therwr, OWNER army make a claim therefor as provided in Article 11. Such claims, costs; losses and damages will include but riot be limited to all costs of recommtendatio repair or replacement of work of others destroyed a to OWNER, or dam�aged prpyy correction, removal or replacement of indicati»ginwt CONT.RACTOR'sdefective Work. CONTRACTOR shot] recommend pay not be allowed an oternsion of the Contract Times (or may make the Milest es because of any delay m ormance of the Application Wcrk stir Ltable to the exercise by Ot�R ofOWNERs Application for rights and remedies hereunder. tccommendatic. ARTICLE 14—PAYMENTS TO CONTRACTOR AND CO&IPLETION '.SChd&i* OfVallier: 14.1. The schedule of values established as provided in pemgxsph 2.9 will serve es ihe6asa for progress peymeamk and will he s tmmd 'rmo a ftnm of Applitanon fa T%yment a :to ENGINEER.. Pro�ees payments on eccmtnt of (1mt Prig. Work will fie 6ssed an tFie number of units complemd. Application *Prgen Paymen+' 14�2, At least twenty days before the date esablished for each progress payment (but not mono often than once a O()NTRAC1'OR covering the We* completedas of the date of the Application and accemtpanicd by such supporting documentation as is required by the Contract Ikwumetas. If payment is requested m the basis of materials and equipment not mccaporntal in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment snail also be accompanied by a bill of sale. invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance awl other arrangements to protect OWNM's interest therein, all of which will be sa matctury to OWNER. The amatm of reminage with respect to progress payments will be as stipulated in the of payment and present the A hostion rettan dieAppticahon ro CONTRACTOR Ling ENGINEER's reasons for refitsintg to neat. In the lettercase, CONTRACTOR necessary cmreetiais and resubmit the Ten days afterr �re�emation of the Payment to OWNER with.ENGINEERs e theammm recommended will (subject s of the last sentence of paragraph 143) l when du will be paid by OWNER to 14.5. ENGMER's raoommenaiirtion of any payment requested! in an Application for Payment will constitute a ieprasmBatm. by ENGINEER to OWNER, basal on ENG[NEER's rat -site obearvatums; of the preetined Work men" o=datdqualifraldesngnprofesauamland on IiNGINE 'lilt's rwiew of the A oration fa Payment and the accompanying data and =lea, that tothe best of KNIGINMWs knowledge, information and belief 14.5.1. the Work has progressed to the point indicated, 14.5.4 the quality of the Work is generally in a cconimtce with the Contract Documents (subjet to an evaluation of the Wain as a funaimung whole paior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final dawnninatiem of quantities and classifications for Unit Price Work under Paragraph 9.10, and to any other qualifications stated in therecommendation), and 14:53.. the conditions precedent to CONTRACTOR's bea% entitled to .such payment appear to have been fulfilled insular as it is ENG NEER'sres)wmibilityto observe the Wank. However, by recommendingany such payment ENGINEER will not thereby be deemed to have represented that: (i) eelmustive or continuous on -site inspections have been made to check the quality o, the quantity of the Work beyond the responsibilities specificallyassigned to ENGINEER. in the Contra Documents or (h) that there may not be other matters or issues betweenthe parties that might emide CONTRACTOR. to be pad additionally 1by OWNER or entitle OWNER to withhold eayment tcCONTRACTOR. C'ONPRACTOR's W4 runny of Me: techniques, sequences apron 143 CONTRACTOR warrants and guarantees that title the safety premutiasssAnd Prol to all Work, materials and equipment covered by any for any failure of COAITRACf Application fa Payment, whether incorycamed in the and Regulations applicable Project a not, will pass to OWNER no later than the time performance. of Work, or of payment Gee and dear of all Lions. CANPRACI'OR to perform accochnnce with the Conhact Ut Renew ofApptieabons for ProgresvPaj�ment 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a dation of any payment, mean that ENGINEER ORs means, methods, Ares of construction a Ants,incident thereto. or Rto comply with Laws o the famishing. o fur any failure of or furnish Work m 14,T ENGINEER. may refuseto recommend the whole or may part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to WCOCOENLRALCON3A'ROh3191e8 09%Umim) 29. wfQ1YOPFORTCOILU145R70OIPICATIONS(itEV4a0 ) OWNER referred to in paragraph 14A ENGINEER may. also -refine to recommend any such payment or, because of discovered evidence or the results of. anbsequent rrspectims or Wits, nullify any such payment previously recommended, tosuch extent as may be. r>eeesa"ry m ENGRNBE R's tPmion to protect OWNER frorm:kna because:. 14.7.1. the Work is d*cbw.: or completed Work has been damaged requiring correction or replacement; 14,71. the Contract Price has been reduced. by Written Amendment or Charge Order, 14.73. OWNER has been required to correct,. trisfoctiw Work or complete Work in accovdazrce with:. paragraph .13,14,or 143:4. ENGINEER has .actual koowledga of the: occurrence of any9 of the everns entanerated in paragraphs 15.2.1 through 15.2.4 inclusive, OWNER ma refuse to make) ymera of the full amount rorommenciv by ENGINEER liecsuse' 14.7.5, claims have been made against OWNER on. acearm of CONTRACTOR's performance or famishing:. of the Work, 143.6. Lim have been filed in connection with the Work, except where CONTRACTOR has delivered: a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7..there are other items entitling OWNER too set- off against the amount reoammendvA or 147.8. OWNER has actual knowledge of the .occurrence of any of the events enumerated in paragraphs 14.7,1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must giveCONTRACTOR immediate written notice (with a copy to hNGINFF,R) stating the reason for such actirn and promptly pay CONTRACTOR the amount so withheld or any adtustmem thereto agreed. to by OWNER and C NTRACTOR. when. CONTRACTOR eorects to OWNER's satisfaction the. reasons for such action. Subamndal Ctinipl hon.• 14.8. When CONTRACTOR considers the .entire Work ream for its intended use CONTRACTOR shall notify OWNER and ENGINEER2. in writing that the entire Work. is substantially complete (except for itemsspecifically listed by CONTRACTOR as inetaaplete) and request. that. ENGINEER issue a csrtificste of Substantial Completion. Within a Treasurable time rhercafter.. OWNER CONTRACTOR. eras ENGINEER shall make. an inspection of the Work to determine the status of cumpletion. If EdGINh'ER does not consider the Work subsiaraialW complete, ENGINEER will notify CONTRACTOR in writing Riving the reasons therefor. If ENGINEER. slCDCORiBRALCONIXT10M tvlas(1"ItEd'tioa) 30 VCTiY OF FORT COLLINS MODn7CATIOM(REV 42Wa) 14.9. OWNER shill have the right to exclude CONTRACTOR Auint the Work after the data of Substantial Completion, but OWNER shall. allow CONTRACTOR reasonable access to complete or correct items on the tentative: list. Partial UBHiadon. 14.10. Use by OWNER at OWNER's option of any substantially completed part of ft Work which () has y been identified in theContractDocuments:. or (n�j o1 ENGINEER and CONTRACTOR agree co+srdutas a separately functioning and usable part of the mange of the remainder of the relished prim to Substantial subject to the folkswinlr at any time may request writing to permit OWNER muse Work which OWNER believes to intended use and substantially the. Work is substantially complete. CONTRACTOR will certify to OWNER add ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion far that part of the Work. 14.10.2 No occupancy or separate opeiationofpart of the Work will be accomplished prior to compliance with the requirements of paragraph S IS in respect of property insamnee. Final Jagretaon: 14.11. Upon written notice froim CONTRACTOR that the enure Work Or anagreed portion thereof is complete, INGINEER will make A fits! ' Won With OWNER and CONTRACTOR aril will nou CONTRACTOR at. writing of all pnniculam in "job this inspection reveals that the Work is incomplete a defertrve. CONTRACTOR shall immediately take such measures asare necessary to complete such work or remedy such deficiencies FrnalApplicadon jer ParmenC 1412. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Gacuments all maatematx:e and operating instructions. schedules, guarantees. Bask; certificates or other evidence of auurance. required by paragraph 5.4, oelfificates of inspection, markedup record documents (as provided in pamgmph6.19) and other documents, CONTRACTOR may make application for f'mai payment following due procedure for progresspaymems The final Application for Pavmem shalt be accompanied (except ,as previously delivered) by: (i) oil dacun emation called for in the Contract Documents, including but not limited to the evidence of insurance required by subpmagraph5Al3, (ii) eonsent of the surety, if any, to Fare( payment, and (iii) complete and legally effective releases or waivem (satisfactory to OWNER) of all Liars arising Out of a filed in connecoos with the. Work. In lieu of such releases or Waivers of Lams and as approved by OWNER, CONTRACTOR may furnishreceipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and reoeilas include all labor, services, material andequipment for which a Lien could be filed, and (ii)all payrolls, material and equipment bills, and Other indebtahnss connected with the WMk for which OWNER. orOWN&R's property might in any way be responsible have been paid a otherwise satisfied- if any Subcontractor or Supplier fails MW OENMILL CONDITIONS 191e.8 (199a Edtiml wi CITY OF PORT WLLINS MODIFICATIONS (REV V200m to filmhsh such a release or receipt in full, CONTRACTOR may Tumish. a Bond or other collateral satisfactory. to OWNER to irrdpinnify OWNER agairts any Lien. _Releasesa waivers of lima and the consent of the surev to Caialize Fayitleit are to be submiltod on for Confoon....t....sf:./alafthsOWNE'Sstandn Hobo n l prgygt n tTu,I Paid t went andAccepa nce: 14.13. If, on the basis of ENGINEER's observation of the Work durirar construction. and Final insaection and and accompanying. documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTORa ether ahhggaations under the Contrail. Doamerds have been firt6lleAy fiNG[NEER wilt, wiU$n am rtags altar receipt of the Final Application fa Payment nttlicete in wntmg ENG[N$fsR's reapmmeraiation of payment aril pxesmt the Application taOWNsR for psymaat..At tlx same mmeE'NGINEER wilt also gwa written nonce mOWNhiR aril tX)N'fRACTOR that the Wok is auOaptable subject m the pxavisions of paragraph 14:I S. i>iltmvrse, I'NGINI3HR will rotum the Atiplicatidm to CONTRACTORR; indicabngin writing the masons f<r refiisutg to recttnmcirl Cnml payment, in which case CONTRACTORshallmake the recessary corrections and resubmit the Application. Thirty days after presenmtian to OWNER of the .Application and accwnlanymg documentation, in appropriate form and substance and. with ENGINUM's recommendation and notice of acceptability, the amount recommended by ENGINEER wilt. boame due and will be paid by OWNER to CONTRACTOR subi't c!: ti to rmgmnh 17 6.2 of these Ci:?�raLColld/tztra,F 14.14. If through no fault of CONTRACTOR, final completion of the Work is signdiicemly delayed and if ENGINEER so confirms, OWNER slmli, upon receipt. of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that pprtartOf the Work fully conpleted and accepted. If the remain ag kalotce to be bald by OWNER for Wok no fully completed or corrected is less than the retainage supnlated in the Agreement and if Hotels have been furnished ins mquiud in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully comptetad and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final psymem, except that it shall not constitute a waiver of claims Waiver of(:lidmx 141S. The making and uccoptance of final payment will constitute: 14151.a wancr of all claims by OWNER agairot CONTRACTOR except claims arising from unsettled Liens, from dqf zWve Work appearing after 31 6rm1 inspection pursuant to pamg oph l* 11, from failure to comply with the Contract Doeurn nts or the terms of amnry}+ spadeI recifted therein, or has tMAICTO a fiwirV o 1pxttmis utalr the Contractbocumenta: and 14.15.2.A waiver of all claims by CONTRACTOR against OWNER other that those previously made in writing and still unsettled. ARTICLE tS $VS'P13NiSfON OF 'WORK AND TERMINATION OWAU May &spmd Vork: 0WAVRUsy reviddamir 15.2. Upon :the occurrence of any one or more of the following werits: 152.1. if CONTRACTORwi pers�a goy fads to perform the Work in accorahnce th the Comsat,13oiaameans (inchiding,.but not Iarrited ton failure to supply. sufficient skilled workiers or suitable materials or xguipment or failure to adltepa to the progress scliedule established under pamgraph2.9 as adjusted from time to time pursuant to paragraph 6.17; 15.2.2. if CONTRACTOR disregards Laws a Regulations of'anypublic body havptgitaisdiction: 15.2.3. if CONTRACTOR disregards the authority of &IGiNEER; or. 15.2.A. if CONTRACTOR otherwise violates in any substantial way any famisions of the Contract Documents; OWNER may, after. giving CONTRACTOR (ard the surety, if any) seven days written notice and to the extent permitted by Laws and Regulations. terminate the services of CONTRACTOR, miude:CONTRACTOR Glatt the site and take possession of the Work and of all CONTRACTOR's tools appliances constructim. xryipment and machinery at thesite and use the same to the full exurit they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorponite in the Work all material and equipment stored at the site orfor which OWNER has paid 7i7C1Jt':OENT RALCOROrT10IS ieto-3 o9goFAti mt 32 WIMY OFFORT WLWM MWMCA'r10MQUSV4n00D1 art stand! elsewhere, and av dean amediau. In such nit of 411 be or 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affeot Cry tighter or remedies of OWNER against ONTRACTOR then existing or which may thereafter scm is, Any retention a rimment of morwys due CONTRACTOR by OWRHk will not release CONTRACTOR from liability. I5.4. Wpoh seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause, and without prejudice to any othm right or remedy of OWNER, elect to terminate the Agreement. In such. case, CONTRACTOR moll hepaid (without duplication of any mims)! ISAL for completed and acceptable Work Executed in accordance.- with the. Comiract Documents prior to the elfcctive date of temtination, including fair and reasonable sumsfor overhead and profit on such Work, 15.4.2. for exTensea sustained prior to the effective date of termination in performing services and furnishing latw, material or equipment as required by the Contrast Documents in emtnectim with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses: 15.4.3. tar all claims, costs, losses and damages incurred in settlement of tarmbmted contracts with Subcontractors, Suppliers and others mid 15.4.4. for reasonable t>ipensesdirectly attributable tote miaation. CONTRACTOR "It not be paid on account of loss of anticipated profits or revenue or other economic loss arising out oror resulting from such termination CONTRACTOR May Stop Walt or Terminate: 15.5 If �no act or fault of CONTRACTOR, the Work is su for a period of more than ninety days by OWNER- or under an order of court or otherpublic authority. or ENGINM fails to act on any Application for Payment within thirty nays after it is submitted a OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven flays' written notice to OWNER and ENGINEER, and provided OVII M or ENGINEER do not remedysuch suspension a failure within that time, terminate the Agrcement and recover from OWNER toany other right or remedy, it ENGllNL+h.R has tailed to ad on an Application for Payment within thinly days after it resubmitted, to OWNER. has failed for thaty days tv ppaay CONTRACTOR any sum finally determined to tie due, CONTRACTOR may .upon seven days' written notice to OWNER and ENGINEER step the Work focil payment of of this pa ph 15„5 are not [TRACTOR. from making claim far an increase in Contract Price to CONTRACTORS stoppntg Work as ARTICLE 16—DIWUTERESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure ror resolving disputes between them that may arise under this Agreement, such dispmite resolution method andprocxdurc, if ashall be as set forth in Fxhihir GGA, "Dispute Row alien Agreement", to he attached hereto and madea part hereof If no such agreement on the method and procedure for resolving such disputes has been reached and subject to the provisions of paragraphs 9.10, 9.11 and 9J2, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulationin respect of any dispute. ARTICLE 17—MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly, given if delivered to personto the individual or to amember of the firm, a to anoffnceirof the corporation for whom it is intended, or if delivered at or serif by registered m certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of tune is relaxed toin the Contract Documents by days, it will be computed to exclude the first and include the last day of such period It the last day of any such period falls on a Saturday or Sunday or on a day made a legal hohdav by the law of the applicablejurisdiction, such day will he omitted &rim the computation. IMIX 6EMMAL CONDrrtONS 19104 (199a lidtiml W.° UTY CW F'ORTCX).LII,S MU)IFiCATIONS (Rliy tPtaam 17.2.2. Acalendar day oftwemy-lburhours measured frommidnight to the nest midnight will constitute a tray. Nodee ofCkdm: IT3. Should OWNER or CONTRACTOR suffer injury or damage to person or property becauseof my error, emission or act of the other party or of any of the other party'x employees to agents a others for whose acts the ad= perry is legally liable, claim will be made in writing to the char party within a reasonable time of the first observance of such initay or tiemaate. Th. provisions of 17.4. The duties General C.orditio ns hereunder to the p of this the warmames guarantees and I upon CONTRACTOR yy 6.30, 6 31, 6.32, 13.1, t3.12, 13.1 A; of the rights and remedies available MOM therounfer, arc in addition onstr ed in any way as a limitation ediesavailable to any or all of them imposed or available by Laws or I warranty or,grmrnntee or by other met Documents, and. the Islam ill be as effective as irrIpeated tract Documents in connection with biiaation right and ramedv to which they apply. Profewal rl Fees and Canon Cats Included 17.5. Whenever reference is made to 'claims, cults, losses and damages", it shall include in each ease, but not be limited to, all tees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs 1Z,¢,_ eTlLc 1�I I;he_5mt#-QMIPa4P apply-te._ihis arcMfollows follmrstwo pertirsa3tColgradu.slarptes l_7.6.2 if a claim is filed OWIY 'R is rWuicd (aw TRS 3f,_86_t(h7Zotrmn all�nnyments ic1 QMRACTOR gi iciers foods to im re the payment of all claims for labor materials team hirer suatenanon, Provisions. provender, or other suonlies used err consumed by (x)NTRA(J'OR or his 33 k4CDCQMRAL CONU MOM 1910-8 OM WM) 34 wlUTY OFFORT COLIAM MODMCA-nOMOU3V412000) Page is too large to OCR. ('Plea page left blank intentionally.) EXDC OHNFRAL CONEWOO S 14104 U9"&Ntiow 35 wi CITY FONT COLWNS MODIFICATIONS(REV 4aOM) etcx>cosvenwcovutnorslvtasc[v� s4amr 36 W/CITY OF FOOT CULUM MMMCATIOM(RL14aOOOr EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DDSPUTE,RESOLIMON AGREEMENT OWNER and CONTRACTOR hamby agree that Article 16 of the General Condition of the Constructiim Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1 All claims,. disputes and other matters in question between OWNER real CONTRACTOR arising.. out of or relating to the Contract Documents or the breach. thereof (oxocpt for claims which have been waived by the making or erxepten:e of final payyment as pprrovided. by paragraph 141 S). will be tlecided by arbifratitm in accordance with the Construction tidustry Arbitration Rules of the American Arbitration Association then oMeimirg, subject to the limitmioe; of the Article 16, This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as Txovidcd'in this Article 16 will be specifically enforceable under the prevailing law of any cant having jurisdiction 16.2. No demand for arbitration of any claim, dispute err other matter that is required to be referred to ENGTNEGR initially for decision in accordance with paragraph 911 will In made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thinyArst day after the parties have presented their evidence to ENGINEER if a written decision has no been rendered by ENGINEER before that date. No demand for adbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which F,NGTNTiER has rendered a written decision in respect thereof in accordance with paragraph 9.1 l; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision beiiilt fiat and binding upon OWNER and CONTRACTOR If ENGINEER reden a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9,10.will be made later then ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10.. 16.3. Notice of the demand fox arbarramn will be filed in writing with the uther party to the Agreement and with the American Arbitration Association and a copy will be scat to ENGINEER for information. The demand for arbitration will be made within the thirty -day or tentlay period specified in paragraph 16.2 as applicable, and in all. other cases within a reasonable time after the claim, dispute or either matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such clean, dispute or other matter in question would he barred by the applicable statute of limitations. ElCDC OENERAL CONDITIONS 191" (199a Edeam w? CRT' OF FORT COLWNS MODIFICATIONS WV W991 16A, Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents "It include by wrarlidation, joinder or in any ether manner any other personor entity (including ENGiNBFR, ENGTNEER's Conwltant and the offrccs, directors,. ageras, employeesor consultants of any of them) who is net a party to this contract vilest: 16.4.1. the inclusion of such other person, or entity is necessary if complete relief is to be afforded among those who are already parties to the mbitrsriai, end 16.4 2: such other person or entity is substantially involved inaquestion of law or fact wench is common to those who are already parties to the arbitration and. which will arise in such proceedings, and 16.4.3 the written consent of the other person or entity soug)ht to be included and of OWM and. CONTRACTOR has been obtained for such inclusion, which consent shall makespecific reference to this paragraph; but rat such consent shall constitute consent to arbitration of any dispute not specifically described. in such consent onto arbitration withany party not specifically identified in such consent. 16.5. Notwithstanding. paragraph 16.4, if a claim; dispute or other matter in question between OWNER sod CONTRACTOR involves the Work of a Subcontractor, either OWNER a CONTRACTOR may join such Subcontractor as a patty to the arbitration between OWNER aemeo in au sucoenrism requtrw oy poragrapn o.ii a specific provision whereby. the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involvir the Work of such Subcontractor. Nothing in this the 165 nor in the provision of such -subeo ntmct consenting to joinder shall create any claim, rightor cause of action in 6ivor of Subcontractor and against OWNER ENGINEER or ENGINEER's Consultants tlxitdo" not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgmentmay be entered upon it in any court having jurisdiction thereon and it will not be subject to modification or appeal. 163. OWNER and CONTRACTOR agree that they shall fast submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association amda the Construction Industry Mediation Rules of the American Arbitration ,Mstncamon prior to either of then innat"ag againit the other a demand for arbitration pursuant to paragraphs 16,1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. 'fire respective tarty and ten day time Emits within which to file a demand for arbitration as provided in paanigraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time Emits and shall remain suxpeoded until ten days after the termination of the mediation- The mediator of any dispute submitted to mediation under this Agreement .hall not serve as abitmto of such dispute unless otherwise agreed. OC-Al RICDCOMMAL CONDITIONS 19104 0 WO&8Gm) W CITY OF FORTCOLLINSMODR7CATIONS (RRV 9M) GC -Al 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: 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: Rev 10/20/07 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. 5.4.6 The 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). Rev 10/20/07 Section 00800 Page 2 No Text SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment 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 $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 — TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST _ $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: — Contractor's Representative ACCEPTED BY: DATE: — Project Manager REVIEWED BY: DATE: _ Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 CC: City Clerk Contractor Project File Architect — Engineer Purchasing Rev 10/20/07 Section 00950 Page 1 Financial Services Purchasing Division 215 N. Mason St. 2n° Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS 1oi7:l US 287/South College Avenue Bike Lanes BID NO. 6100 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS May 12, 2008 — 3:00 P.M. (OUR CLOCK) where renewal is a way of life 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: Net Change by Change Order ;' Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: AMOUNT DUE THIS APPLICATION: 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: 02 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. Date: $0.00 $0.00 Rev 10/20/07 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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $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 Section 00960 Page 2 1 1 1 1 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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $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 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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 Section 00960 Page 4 PROJECT SPECIAL PROVISIONS US 2871S. College Ave. Bike Lanes March, 2008 Project Special Provisions CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 COLORADO DEPARTMENT OF TRANSPORTATION CITY OF FORT COLLINS, COLORADO US 287/S. COLLEGE AVE. BIKE LANES PROJECT SPECIAL PROVISIONS (FOR 2005 SPEC BOOK) The General Conditions of the Construction Contract and the Colorado Department of Transportation's (CDOT) 2005 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 Panes Index Pages CONTRACT GOAL (COMBINED) ---------------------------------- -------------------------------------------------------------------------- 4 REVISION OF SECTION 100 -------------------------------------------------------------------------------5 GENERAL PROVISIONS ------------------------------------------------------------------------------------------------------------------------ 5 REVISION OF SECTION 101-----------------------------------------------------------------------------------------------------------------6 DEFINITION OF TERMS------------------------------------------------------------------------------------------------------------- --------- 6 REVISON OF SECTION 104------------------------------------------------------------------------------------------------------------------- 7 SCOPEOF WORK ----------------------- -------------------------------------------------------------------------------------------------------- 7 _ REVISION OF SECTION 105 ---------------------------------------------------------------------------------------------------------------- 12 CONTROLOF WORK -------------------------------------------------------------------------------------------------------------------------- 12 REVISION OF SECTION 105 ---------------------------------------------------------------------------18 CLAIMS FOR CONTRACT ADJUSTMENT ----------------------------------------------------------------------------------------------- 18 _ REVISION OF SECTION 106---------------------------------------------------------------------------------------------------------------- 19 CONTROL OF MATERIAL -------------------------------------------------------------------------------------------------------------------- 19 REVISION OF SECTION 107------------------------------------------------ --------------------------------------------------------------- 24 INSURANCE------------------------------------------------------------------------------ -----------------------------24 — REVISION OF SECTION 107------------------------------------------------ --------------------------------------------------------------- 25 ENVIRONMENTAL CONTROLS ----------------------------------------------- ---------------------------- -25 REVISION OF SECTION 108---------------------------------------------------------------------------------------------------------------- 28 PROSECUTIONAND PROGRESS------------------------------------------------------------------------------------------------------- 28 REVISION OF SECTION 201----------------------------------------------------------------------------------------------------------------32 CLEARINGAND GRUBBING-------------------------------------------------------------------------------------------------------------- 32 REVISION OF SECTION 207---------------------------------------------------------------------------------------------------------------- 33 TOPSOIL---------------------------------------------------------------------------------- -----------------------------33 - REVISIONOF SECTION 210 ---------------------------------------------------------------------------------------------------------------- 34 RESET IRRIGATION SYSTEM-------------------------------------------------------------------------------------------- 34 REVISION OF SECTION 304--------------------------------------------------------------------------------------------------------------- 35 AGGREGATE BASE COURSE ---------- ------------------------------------------------------------ 35 REVISION OF SECTION 403---------------------------------------------------------------------------------------------- 36 HOTMIX ASPHALT---------------------------------------------------------------------------------------------------------- 36 REVISIONOF SECTION 514--------------------------------------------------------------------------------------------------------------- 37 PEDESTRIAN RAILING (STEEL)------------------------------------------------------------ ------------------------------ 37, REVISION of SECTION 519 ---------------------------------------------------------------------------------------------------40 STONEVENEER---------------------------------------------------------------------------------------------------------40 REVISION OF SECTION 601 ------------------------ ------------------ -- -------------------------43 MISCELLANEOUS CONCRETE CLASS B-MODIFIED------------------------------------------------------ ------------------------- 43 �-'- REVISION OF SECTION 608 --------------------------------------------------------------------------------------------------52 SIDEWALKS AND BIKEWAYS---------------------------------------------------------------------------------------------------------- 52 REVISION OF SECTION 608 --------- --------------------------- ------------- -------------------------- 53 CONCRETE CURB RAMP (SPECIAL) ------------------------------------------------------------------------------------ 53 2 FHU Reference No. 04-143 4/162009, 1:32:99 PM US 287/S. College Ave. Bike Lanes Project Special Provisions REVISION OF SECTION 609-------- CURB AND GUTTER ------------------- REVISION OF SECTION 610-------- MEDIAN COVER MATERIAL--------- REVISIONOF SECTION 614-------- TUBULAR STEEL SIGN SUPPORT TRAFFIC CONTROL PLAN - GENE UTILITIES ------------------------ FORCE ACCOUNT ITEMS----------- March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 54 54 55 55 56 56 58 61 62 3 FHU Reference No. 04-143 4/16/2", 132:49 PM US 287/S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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: UDBEs 8% 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. 4 FHU Reference No. 04-143 4/162008, 1'.32:49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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. 5 FHU Reference No. 04-143 4116a2 , 1:32'.49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions REVISION OF SECTION 101 DEFINITION OF TERMS March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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 2005. 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. 6 FHU Reference No. 04-143 41162008, 1:32:49 PM 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 Bid Form Federal Forms 606, 714 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 Project Special Provisions Special Provisions Federal Forms US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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. 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. 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 FHU Reference No. 04-143 4/16/2W8, 132'.49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions -2- REVISION OF SECTION 104 SCOPE OF WORK Differing Subsurface Conditions: March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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. 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 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. 8 FHU Reference No. 04-143 4116/2008, 1:32:49 PM US 287/S. College Ave. Bike Lanes Project Special Provisions -3- REVISION OF SECTION 104 SCOPE OF WORK March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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. 9 FHU Reference No. 04-143 4/18/2W8, 1'.32:49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -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. 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. 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 that interfere with operations of the Owner. 4. Obtain and pay for use of additional storage or work areas needed for operations. 10 FHU Reference No.04-143 4116/2008, 1:32:49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions -5- REVISION OF SECTION 104 SCOPE OF WORK Limits of Construction March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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 FHU Reference No. 04-143 4I1WM8, 1:32:49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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. 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. 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. 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, three (3) copies of each submittal and sample are required, one (1) of which will be retained by the Engineer. The Contractor shall receive two (2) copies in return. Faxed submittals will not be accepted. 12 FHU Reference No. 04-143 4/162W , 1:32:49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions -2- REVISION OF SECTION 105 CONTROL OF WORK March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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. 13 FHU Reference No. 04-143 411612008, 1:32 49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions -3- REVISION OF SECTION 105 CONTROL OF WORK C. Review Procedure: March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 a. 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 ' 1 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 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. b. 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: c. 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. d. 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. e. Where submittal information will be incorporated in Operation and Maintenance data, a corrected copy shall be provided. f. 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". g. 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". 14 FHU Reference No. 04-143 411612008, 1:32:49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions -4- REVISION OF SECTION 105 CONTROL OF WORK D. Drawing: March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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. 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. 15 FHU Reference No. 04-143 4/1612006, 1:32:49 PM US 287/S. College Ave. Bike Lanes Project Special Provisions -5- REVISION OF SECTION 105 CONTROL OF WORK E. Certificates: March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 _ 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. 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 105.08 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 16 FHU Reference No. 04-143 4/1WOD8, 1:32:49 PM SECTION 00020 INVITATION TO BID Rev 10/20/07 Section 00020 Page 2 US 2871S. College Ave. Bike Lanes Project Special Provisions -6- REVISION OF SECTION 105 CONTROL OF WORK Subsection 105.09 shall include: Coordination with Land Owners March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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. 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 105.11 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 105.12 shall include: Surveying Coordination 1. The Contractor shall provide all necessary construction surveying for the project. 2. The Owner will provide the Contractor an electronic file of the improvements to be constructed for use during staking the project. 3. The Owner will provide necessary monumentation for the Contractor to construct the improvements on the appropriate horizontal and vertical control network. 17 FHU Reference No. 04-143 411&2W8, 1'.32,49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -7- REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.21 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. 18 FHU Reference No. 04-143 411612008, 1:32:49 PM US 2871S. College Ave. Bike Lanes March, 2008 Project Special Provisions CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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. 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: 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. 19 FHU Reference No. 04-143 411612008, 1:3249 PM US 2871S. College Ave. Bike Lanes Project Special Provisions -2- REVISION OF SECTION 106 CONTROL OF MATERIAL 2) For products: March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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: i. 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. 20 FHU Reference No. 04-143 4/1&2W , 1Y.32:49 PM u�, US 2871S. College Ave. Bike Lanes Project Special Provisions -3- REVISION OF SECTION 106 CONTROL OF MATERIAL March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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. 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). 21 FHU Reference No. 04-143 41IMM8, 1 32,49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions -4- REVISION OF SECTION 106 CONTROL OF MATERIAL March, 2008 CDOT Project No. STE M455-063 _ CDOT Subaccount No. 14363 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. Owner's 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. f. Asphalt paving tests E. Contractor's Responsibilities 1. 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. 22 FHU Reference No. 04-143 4118 008, 1:32:49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions -5- REVISION OF SECTION 106 CONTROL OF MATERIAL F. Transmittal of Test Reports March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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. 23 FHU Reference No. 04-143 4116 WB, 1'.32.49 PM US 2871S. College Ave. Bike Lanes March, 2008 Project Special Provisions CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 REVISION OF SECTION 107 INSURANCE Section 107.18 is hereby revised to read: V For this project all insurance certificates shall name the Colorado Department of Transportation as an additionally insured party. 24 FHU Reference No. 04-143 — 4/1612008, 1:32:49 PM US 287/S. College Ave. Bike Lanes March, 2008 Project Special Provisions CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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. 25 FHU Reference No. 04-143 4/1&20 , 1:32:49 PM US 2871S. College Ave. Bike Lanes March, 2008 Project Special Provisions CDOT Project No. STE M455-063 _ CDOT Subaccount No. 14363 .2- REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS 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. — 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 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. — 26 FHU Reference No. 04-143 4116/2008, 1.32'49 PM SECTION 00020 INVITATION TO BID Date: April 16, 2008 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 May 12, 2008 for the US 287/South College Avenue Bike Lanes, BID NO. 6100. If delivered, they are to be delivered to 215 North Mason Street, 2°° Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 6100 US 287/South College Avenue Bike Lanes. The contract documents provide for: 1. Construction of trail connection to existing Fossil Creek near Fossil Creek and College Avenue. 2. Construction of trail along College Avenue from Mail Creek to Harmony Road. 3. Removal of portions of existing signage and striping in each direction of College Avenue between Harmony and Carpenter Roads. 4. Placement of new signage and striping in the same area as item number three. 5. Access ramp improvements at the southeast corner of College Avenue and Harmony Road. 6. Construction of two cast -in -place concrete retaining walls. 7. Other miscellaneous items as necessary to complete the work. This is a Federally Funded project and the UDBE goal is 8%. The COOT Form 347, Certification of EEO Compliance, is no longer required to be submitted in the bid package. This form certified that the contractor/proposed subcontractors were in compliance with the Joint Reporting Committee EEO-1 form requirements. The EEO-1 Report must still be submitted to the Joint Reporting Committee if the contractors and subcontractors meet the eligibility requirements (29CFR 1602.7); we will, however, no longer require certification. For additional information regarding these federal requirements, please refer to: http://www.eeoc.gov/stats/jobpat/elinstruct.html Forms 606, Anti -Collusion Affidavit and 714 UDBE, must be in the bid package and submitted with the contractor's bids. Bids will not be accepted if they don't have these forms. Rev 10/20/07 Section 00020 Page 1 US 2871S. College Ave. Bike Lanes Project Special Provisions H. Permits March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -3- REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS 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. 2. It shall be the responsibility of the Contractor to prepare a Stormwater Management Plan (SWMP), and submit the SWMP to the Colorado Department of Public Health and Environment for review and approval. The SWMP shall be in the Contractor's possession prior to beginning the Work. The Contractor shall provide the Owner with a copy of all applicable permits on the Project. The Contractor shall also provide inspection reports as required by the SWMP to the Owner upon completion of each inspection. The Contractor shall be responsible for obtaining all other necessary permits associated with the Work. 27 FHU Reference No. 04-143 4116 WB, 1 3249 PM US 287/S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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 prior to beginning the Work. A date and time for the conference will be determined once the Notice of Award is issued to the Contractor. 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. 7. CDOT Local Agency Representation. 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. Any submittals requiring long lead times and therefore must be expedited shall be submitted at the pre -construction conference, or as soon thereafter as possible. 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 28 FHU Reference No. 04-143 411612008, 1:32:49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -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 Contractor shall conduct the meeting. The Owner shall provide meeting minutes after each weekly meeting to document the items discussed during the meeting. 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. Modifications to Time of Completion in the Approved Schedule The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date no later than that specified in the Notice to Proceed. The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract time. It is expressly understood and agreed by and between the Contractor and the Owner that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the climatic and other factors prevailing in the locality of the work. Every effort shall be made by the Contractor to complete the project within the "Contract Time" shown in the proposal. The "Contract Time" anticipates "Normal" weather and climate conditions in and around the vicinity of the Project site during the times of year that the construction will be carried out. Extensions of time based upon weather conditions shall be granted only if the Contractor demonstrates clearly that such conditions were "unusually severe," would not have been reasonably anticipated, and that such conditions adversely affected the Contractor's work and thus required additional time to complete the work. 29 FHU Reference No. 04-143 4116 W8, 1.32:49 PM US 287/S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -3- REVISION OF SECTION 108 PROSECUTION AND PROGRESS The following specifies the procedure for the determination of time extensions for unusually severe weather. The listing below defines the anticipated number of calendar days lost to adverse weather for each month and is based upon National Oceanic and Atmospheric Administration (NOAA) or similar data for the geographic location of the project. Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC (7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days and the impact of adverse weather days that delay the work will be recorded on a day- to-day basis. It is assumed that the work will be carried out Mondays through Fridays (holidays excepted) unless an approved construction schedule or written authorization from the Owner indicates otherwise. The number of days of delayed work due to adverse weather or the impact thereof will then be compared to the monthly adverse weather schedule above. An actual adverse weather day must prevent work for 50 percent or more of the Contractor's workday, delay work critical to the timely completion of the project, and be documented by the Contractor. The City Representative observing the construction shall determine on a daily basis whether or not work can proceed or if work is delayed due to adverse weather or the effects thereof. The Contractor shall notify the Engineer in writing of any disagreement as to whether or not work can proceed on a given date, within 2 calendar days of that date. The Owner will use the above written notification in determining the number of working days for which work was delayed during each month. At the end of each month, if the number of working days for which work was delayed due to adverse weather exceeds that shown in the above schedule, a Change Order will be executed which increases the Contract Time. The number of work days delayed due to adverse weather or the impact thereof will then be converted to Calendar Days based on the contract completion day and date. This conversion assumes a 5-day work week, Mondays through Fridays, holidays excepted; should the Contractor have authorization to work weekends and/or holidays, then the method of conversion of workdays to calendar days would take this into consideration. The contract time period will then be increased by the number of calendar days calculated above and a new contract completion day and date will be set. 30 FHU Reference No. 04-143 4118 008, 132'.49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -4- REVISION OF SECTION 108 PROSECUTION AND PROGRESS The Contractor's schedule must reflect the above -anticipated adverse weather delays on all weather -dependent activities. While extensions of time shall be granted for "unusually severe" weather or climate conditions, the Owner shall make no monetary compensation for any costs to the Contractor arising out of such delays. The Contractor shall comply with the portions of the Contract Documents relating to his project schedule and amendments thereto which result from the "unusually severe" weather condition. Breakdowns in equipment or lack of performance by the Contractor will not be considered justification for an extension of time. Liquidated damages will be assessed as delineated elsewhere. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the Contractor has promptly given written notice of such delay to the Owner or Engineer. To any preference, priority, or allocation order duly issued by the Owner. 2. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather as provided above; and 3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2, above. Subsection 108.04 shall include the following: 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. 31 FHU Reference No. 04-143 4116=8, 1 32:49 PM US 2871S. College Ave. Bike Lanes March, 2008 Project Special Provisions CDOT Project No. STE M455-063 _ CDOT Subaccount No. 14363 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, stumps, shrubs and/or other plant materials beyond those trees identified in the trail plans 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 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 include the removal of impacted fencing and barricades as directed by the Engineer. Clearing and grubbing shall include the protection of the remaining tree or shrubs adjacent to the work. Damage to any part of a remaining tree or shrub causing the tree or shrub to die is the responsibility of the Contractor and the Contractor shall replace the tree or shrub per the specifications of the Assistant City Forester, Ralph Zentz. Subsection 201.04 shall include the following: Pay Item Pay Unit r Clearing and Grubbing Lump Sum _ 32 FHU Reference No. 04-143 4/1612", 1.32:49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 REVISION OF SECTION 207 TOPSOIL Section 207 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 207.04 and replace with the following: Topsoil material secured from the roadway and placed in stockpiles will be measured in the stockpile by the method of average end areas. This topsoil material will be paid for as Topsoil when placed on the slopes. Topsoil secured from a source outside the right-of-way will be measured at its source as described in Section 203 and paid for as Topsoil. In Subsection 207.05 delete the Pay Item "Stockpile Topsoil". 33 FHU Reference No. 04-143 411612008, 1:32:49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 REVISION OF SECTION 210 RESET IRRIGATION SYSTEM Section 210 of the Standard Specifications is hereby revised for this project as follows: Subsection 210.01 shall include the following: This work includes any work necessary to reset the existing irrigation facilities including, but not limited to, sprinkler heads, control boxes, and piping in accordance with the plans. Subsection 210.02 shall include the following: Resetting irrigation facilities shall not affect the remaining irrigation for the balance of 115 East Harmony Road, LLC's property. The Contractor shall reset any and all remaining irrigation system as deemed necessary to maintain the remaining irrigation system. Subsection 210.13 shall include the following: Payment will be made under: Pay Item Pay Unit Reset Irrigation System Lump Sum Resetting any and all parts of the remaining system will not be measured and paid for separately, but shall be included in the work for reset irrigation systems. 34 FHU Reference No. 04-143 4116/2008, 1:32:49 PM US 287/S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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>_78) when tested by the Hveem Stabilometer method. 35 FHU Reference No. 04-143 4116/2008, 1'.32:49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is revised as follows: Hot Mix Asphalt — This shall consist of placing HMA — (Patching) (Asphalt) and HMA (Grading S) (100) (PG58-28) 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 Mix Asphalt (Grading S) (100) (PG58-28) Ton Hot Mix Asphalt (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. e•• 36 FHU Reference No. 04-143 411M008, 1:3249 PM All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Contract Documents will be available April 16, 2008. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 a.m., on May 2, 2008 at 281 North College Avenue Conference Room A, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: 1. City of Fort Collins BuySpeed: www.fcgov.com/eprocurement 2. Mercury-LDO Reprographics: www.mercury-ldo.com Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be viewed and purchased at: 1. Mercury LDO Reprograhics: • FORT COLLINS: 422 S. Link Lane, Ft. Collins, CO 80524 Ph: 970-484-1201, Fax: 970-221-0404 • ENGLEWOOD: 9632 E. Arapahoe, Englewood, CO. 80112 Ph: 303-790-7169, Fax: 303-792-2936 • DENVER: 860 Bryant Street, Denver, CO. 80204 Ph: 303-893-8701, Fax: 303-893-0617 • COLORADO SPRINGS:11 E Las Vegas, Colorado Springs, CO. 80903 Ph: 719-231-8121, Fax: 719-633-5710 • LODO: 1660 Wynkoop Ste. 130, Denver, CO. 80202 Ph: 303-785-2520, Fax: 303-785-2522 • BOULDER: 2575 Pearl St. Unit C., Boulder, CO. 80302 Ph: 303-539-1350, Fax: 303-539-1356 2. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. Rev 10/20/07 Section 00020 Page 2 US 287/S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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. 2. Steel Plates and Bars shall comply with the requirements of ASTM A 36. 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. Indicate profiles, sizes, connection attachments, reinforcing, anchorage, openings, size and type of fasteners and any accessories. 3. Include erection drawings, elevations, applicable details and field dimensions. 4. 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 called for. 2. Do not order materials or begin fabrication until Engineer's review of submittals has been completed and returned. 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. 37 FHU Reference No. 04-143 411612008, 1:32,49 PM US 2871S. College Ave. Bike Lanes March, 2008 Project Special Provisions CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -2- _ REVISION OF SECTION 514 PEDESTRIAN RAILING (STEEL) Immediately before painting, remove rust, loose mill scale, dirt, weld flux, weld spatter, and other foreign materials with SSPC-SP6 commercial sandblast treatment. 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 color shall be approved by the City of _ Fort Collins. The color shall be Benjamin Moore "Taupe" color number 2110-10. 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 sidewalk shall 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 514.06 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. 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. 38 FHU Reference No. 04-143 41l&2008, 1:32:49 PM US 287/S. College Ave. Bike Lanes March, 2008 Project Special Provisions CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -3- REVISION OF SECTION 514 PEDESTRIAN RAILING (STEEL) 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 514.07 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. Payment will be full compensation for all labor, equipment and materials required to complete the installation, including field welding, fabrication, painting, and installation. BASIS OF PAYMENT 515.08 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. Payment will be made under: Pay Item Pay Unit Pedestrian Railing (Steel) Linear Foot 39 FHU Reference No. 04-143 411&2M8, 1:32:49 PM US 2871S. College Ave. Bike Lanes March, 2008 Project Special Provisions CDOT Project No. STE M455-063 — CDOT Subaccount No. 14363 REVISION OF SECTION 519 — STONE VENEER Section 519 is hereby added to the Standard Specifications for this project as follows: DESCRIPTION 519.01 This work shall consist of furnishing and installing manufactured stone veneer in accordance with these specifications and in conformity with the details shown on the plans, or as directed by the Engineer. — MATERIALS 519.02 Materials shall meet the following requirements: Masonry Cement ASTM C91 Portland Cement ASTM C150 Masonry Mortar (Type S) ASTM C270 The contractor shall coordinate material selection with the City. Planned material type will have a "Moss Rock" finish. 519.03 Stone Veneer. Stone veneer products shall be precast, artificial stone similar in color and texture to natural stone, in a field stone pattern, manufactured from Portland cement, aggregate and mineral oxide pigments, having an oven dry unit weight not less than 70 Ibs per cubic foot. The following manufacturer is the only company pre -approved to supply manufactured stone veneer for use on this project: Nu Stone Concepts 316-1/2 S. Link Lane Fort Collins, CO 80524 970.224.1794 519.04 Submittals. The Contractor shall submit the following for review and approval by the City and Engineer prior to construction of the stone veneer: (1) Descriptive brochures and color samples for all materials to be incorporated into the work, for approval by the City and Engineer. (2) Manufacturer's installation instructions. (3) The Contractor shall erect a 3 ft. x 4 ft. sample panel at job site, at a location as directed by the Engineer. The sample panel shall illustrate the field pattern of stone, field cutting of units _ where required, and the color and tooling of mortar joints. 40 FHU Reference No. 04-143 411U2008, 1:32:49 PM US 287/S. College Ave. Bike Lanes March, 2008 Project Special Provisions CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -2- REVISION OF SECTION 519 STONE VENEER CONSTRUCTION REQUIREMENTS 519.05 Concrete surfaces to receive stone veneer shall be thoroughly examined to ensure that the surface contains no releasing agents (form oil). If it does contain release agents, the surface shall be etched with acid, and rinsed thoroughly using high pressure water. Mortar and other moisture -sensitive materials shall be stored in protected enclosures; and handled by methods which avoid exposure to moisture. The Contractor shall protect materials from rain, moisture, and freezing temperatures prior to, during, and for 48 hours after completion of work. Masonry mortar ingredients shall be thoroughly mixed, in quantities needed for immediate use in accordance with ASTM C270, Type S. Anti -freeze compounds to lower the freezing point of the mortar shall not be used. Application of the stone veneer shall be in accordance with manufacturer's installation instructions. Apply 1/2 to 3/4-inch of mortar to dampened concrete surfaces, covering a maximum of 10 square feet at one time. Press the stone veneer units firmly into position in soft mortar bed, wiggle and apply slight pressure to unit to ensure firm bonding causing mortar to extrude slightly around edges of units. Place units with uniform mortar joints. Stone joints should not be over 2 inches in width. Pre -fitted stone units should be fitted tight against each other with no allowance for mortar joints. Install outside corner return units with short and long lengths alternated. Excess mortar shall be removed. Mortar shall not be allowed to set up on face of units. Point and tool joints before mortar has set. Clean and finish joints in accordance with manufacturer's instructions. 519.06 Manufacturer's Representative. The Contractor shall arrange for a technical representative from the stone veneer manufacturer to be available and present during construction of the stone veneer. The representative shall provide all necessary instructions and guidelines to construct the stone veneer in accordance with these specifications and the manufacturer's requirements. Upon completion of the work, the technical representative shall certify in writing that the stone veneer has been constructed in accordance with the manufacturer's product specific requirements. 41 FHU Reference No. 04-143 4/1620 8, 1:32.49 PM US 2871S. College Ave. Bike Lanes March, 2008 Project Special Provisions CDOT Project No. STE M455-063 _ CDOT Subaccount No. 14363 -3_ SECTION 519 STONE VENEER BASIS OF PAYMENT 519.07 Stone Veneer shall be paid for on a square foot basis, as measured on the concrete face surface. Price shall be compensation for all labor, equipment, and materials, including veneer units, mortar, grout, and precast concrete wall and pilaster cap units, and incidental items _ required to complete the work. Payment will be made under: Pay Item Pay Unit Stone Veneer Square Foot 42 FHU Reference No. 04-143 4116120 , 1:32:49 PM US 287/S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 REVISION OF SECTION 601 MISCELLANEOUS CONCRETE CLASS B-MODIFIED Section 601 of the Standard Specifications is hereby revised for this project as follows: PART 1GENERAL 1.01 SECTION INCLUDES A. Concrete work shall consist of air entrained Portland Cement concrete constructed on a compacted subgrade in accordance with these Specifications. The completed work shall conform to the thicknesses and typical cross -sections shown on the Drawings. The completed work shall conform to the lines and grades shown on the Drawings or to those established by the ENGINEER at the job site. B. Concrete to be used in all curb & gutter, sidewalks and bikeways, and cover material shall be Class B-Modified, as described in this specification. Class D may be used for Class B-Modified. 1.02 RELATED SECTIONS A. Revision of Section 608 — Sidewalks and Bikeways B. Revision of Section 609 — Curb and Gutter C. Revision of Section 610 — Median Cover Material 1.03 SUBMITTALS A. The CONTRACTOR shall cooperate with the ENGINEER in obtaining and providing samples of all specified materials. The CONTRACTOR shall submit certified laboratory test certificates for all items required in this section, including a mix design for concrete. 1.04 PROJECT REQUIREMENTS The CONTRACTOR shall submit batch tickets for each load of concrete. Tickets shall show weight of all materials and additives used in each batch. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete shall conform to the following requirements: Class B-Modified 28-Day Field Compressive Strength Cement/Fly Ash Max. Water/Cement Ratio Air Content % Range Maximum Slump 4000 psi 615 lbs./cu. yd. Min. 0.45 5-8 4" Fine Aggregate (max. % of total Aggregate) 50% 43 FHU Reference No. 04-143 4IIMM8, 1'.32,49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -2- REVISION OF SECTION 601 MISCELLANEOUS CONCRETE CLASS B-MODIFIED This material shall consist of a mixture of coarse and fine aggregates, Portland cement, water and other materials or admixtures as required. The type of cement shall be Type I, II, or 1/II unless sulfate conditions dictate otherwise. If sulfate conditions exist, Type V cement shall be used. B. Concrete Aggregates: The grading and composition requirements for coarse and fine aggregates for concrete shall conform to the following tables. The Contractor may substitute; with a separate mix design, CDOT Standard Specification Class B (1 1/2"' nominal) aggregate for the aggregate shown below. Coarse Aggregates for Portland Cement Concrete Sieve Size or Test Procedure 1 Inch % Inch 3/8 Inch % Passing or Test Requirement 100 90-100 20-55 No. 4 0-10 No. 8 0-5 % Wear 45, Max. Clay Lumps, Friable Particles, % 2.0, Max. Coal & Lignites, % 0.5, Max. Sodium Sulfate Soundness % 12, Max. Fine Aggregates for Portland Cement Concrete Sieve Size or Test Procedure Percent Passing or Test Reauirement 3/8 Inch No. 4 No. 16 No. 50 No. 100 No. 200 Friable Particles, % Coal & Lignite, % Deleterious Material (AASHTO T 112),% Sand Equivalent (AASHTO T 176),% Fineness Modules Sodium Sulfate Soundness, % 44 100 95 - 100 45 - 80 10-30 2-10 3, Max. 1.0, Max. 1.0, Max. 3, Max. 80, Min. 2.50 - 3.50 20.0, Max. FHU Reference No. 04-143 4116/2W8, 1:32,49 PM US 287/S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -3- REVISION OF SECTION 601 MISCELLANEOUS CONCRETE CLASS B-MODIFIED C. Coarse Aggregate for Concrete: Coarse aggregates shall conform to the requirements of AASHTO M 80, except that the percentage of wear shall not exceed 45 when tested in accordance with AASHTO T 96. Coarse aggregate shall conform to the grading in above table. D. Fine Aggregate for Concrete: Fine aggregates shall meet CDOT Section 703.01 requirements and gradation as shown above. Fine aggregate for concrete shall conform to the requirements of AASHTO M 6. The amount of deleterious substances removable by elutriation shall not exceed 3% by dry weight of fine aggregate when tested in accordance with AASHTO T 11, unless otherwise specified. The minimum Sand Equivalent, as tested in accordance with AASHTO T 176 shall be 80, unless otherwise specified. The Fineness Modules shall not be less than 2.50 nor greater than 3.50, unless otherwise approved. E. Fly Ash and Water: Upon approval based on a satisfactory trial mix, the CONTRACTOR shall have the option of substituting approved fly ash for Portland cement, up to a maximum of 20 percent by weight. The total weight of cement and fly ash shall not be less than the specified mix design. 1. 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-A shall apply with the exception of footnote A. Class C fly ash will not be permitted where sulfate resistant cement is required. The CONTRACTOR shall submit certified laboratory test results for the fly ash. 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. 2. Water used in mixing or curing shall be clean and free of oil, salt, acid, alkali, sugar, vegetable, or other substance injurious to the finished product. Water will be tested in accordance with, and shall meet the suggested requirements of AASHTO T 26. Water known to be of potable quality may be used without test. Where the source of water is relatively shallow, the intake shall be so enclosed as to exclude silt, mud, grass, or other foreign materials. 45 FHU Reference No. 04-143 4/1&2008, 1:32,49 PM US 287/S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -4- REVISION OF SECTION 601 MISCELLANEOUS CONCRETE CLASS B-MODIFIED Concrete Curing Materials and Admixtures 1. Curing Materials: Curing Materials shall conform to the following requirements as specified: Burlap Cloth made from Jute or Kenaf: AASHTO M 182 Liquid Membrane -Forming Compounds Curing Concrete: ASTM C309 Type II, Class B Sheet Materials for Curing Concrete: AASHTO M 171 Straw shall not be used for curing unless approved by the ENGINEER 2. Air -Entraining Admixture: Air -entraining admixtures shall conform to the requirements of AASHTO M 154. Admixtures which have been frozen will be rejected. No chloride containing additives shall be permitted. 3. Chemical Admixtures: Chemical admixtures for concrete shall conform to the requirements of AASHTO M 194. Admixtures which have been frozen will be rejected. 4. Joint Fillers: The joint fillers shall silicon or asphalt based and shall be submitted for approval as part of paragraph 1.03. 5. No water or air -entraining admixtures shall be added at the job site. PART 3 EXECUTION 3.01 SUBGRADE PREPARATION A. The subgrade shall be compacted to the required grades and lines. All soft, yielding, or otherwise unsuitable material shall be removed and replaced with suitable material with the Engineer's approval. Filled sections shall be compacted and compaction shall extend a minimum of six inches outside the form lines. The moisture content of the subgrade shall be brought within +/- 2% of optimum moisture content and compacted to 95% of the maximum standard Proctor density (ASTM D698) for subgrade materials classified as A-4 through A-7 or 95% of modified proctor density for materials classified as A-1 through A-3. 3.02 CONCRETE PLACEMENT A. Concrete transported in truck mixers or truck agitators shall be delivered to the site of the work and completely discharged within a period of ninety (90) minutes after the cement comes in contact with the mixing water or with the combined aggregates containing free moisture in excess of 2% by weight. The concrete shall be placed either by an approved slip form/extrusion machine, by the formed method, or by a combination of these methods. The subgrade shall be conditioned to provide a uniformly moist surface when concrete is placed. 46 FHU Reference No.04-143 4116/2008. 1,32:49 PM Construction Document Ordering Instructions (Download a complete P1anWell 4.0 Ordering Guide from www.planwell.com) — 1. GO TO: www.mercury-ldo.com 2. SELECT: Denver Links: "Plan Well" — rn Rwvlmlkminuevpw WPenYar. Meux• f aMn r M racru bx mer Yw. Ma 3. SELECT: Public C+„''4 Planroom: "GO"— >rra®.mwwrl Mercury/LDO Colorado Fume] 4 l: Plan elrl :[ `> 4 �l� (: Todays On{IItG PIWYtSMJMG... DigitalD�nagement&DlstrlGutbn um e User Name rinCPuliic Prts" iar.Bttl ,hsrsl ., •; Passvrnrtl � NaL{hb9hRwitoar '° f}nllrtit++tn+r�lturn�iui�laNi r •.� Nery NYo? seer We : tIW YdOari k4tlf6�1tQd MIR08A ••• 4. SELECT: the desired "Project Number" from the list Rev 10/20/07 Section 00020 Page 3 US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -5- REVISION OF SECTION 601 MISCELLANEOUS CONCRETE CLASS B-MODIFIED 3.03 FORMED METHOD A. The vertical face of previously sawed and adjacent asphalt pavement may NOT be used as a forming surface. The CONTRACTOR shall use forms on front and back of all curb and gutter, sidewalks, bikeways, and median cover material. The forms shall be of metal or other suitable material that is straight and free from warp, having sufficient strength to resist the pressure of the concrete without displacement and sufficient tightness to prevent the leakage of mortar. Flexible or rigid forms of proper curvature may be used for curves having a radius of 100 feet or less. Division plates shall be metal. Where directed by the ENGINEER the CONTRACTOR shall use a thin metal back form to preserve landscaping, sprinklers, etc. Form must be straight and rigid and must be approved by the ENGINEER prior to use on project. The front and back forms shall extend for the full depth of the concrete. All of the forms shall be braced and staked so that they remain in both horizontal and vertical alignment until their removal. No wooden stakes will be allowed. They shall be cleaned and coated with an approved form -release agent before concrete is placed against them. The concrete shall be deposited into the forms without segregation and then it shall be tamped and spaded or mechanically vibrated for thorough consolidation. Front and back forms shall be removed without damage to the concrete after it has set. Should the removal of adjacent asphalt pavement be required beyond that shown in the plans, the CONTRACTOR shall remove and replace said asphalt pavement to such an extent as to provide a smooth repair. The ENGINEER shall be notified prior to commencing any additional asphalt removal. 3.04 FINISHING A. Concrete shall be finished smooth by means of a wood float and then it shall be given final surface texture using a light broom or burlap drag. Concrete that is adjacent to forms and formed joints shall be edged with a suitable edging tool to the dimensions shown on the Drawings. 3.05 JOINTING A. Contraction Joints: Transverse weakened -plane contraction joints shall be constructed at right angles to the curb line at intervals not exceeding 10 feet for curb and gutter or 5 feet for sidewalk and bikeway. Joint depth shall average at least one-fourth of the cross-section of the concrete. 47 FHU Reference No. 04-143 4116/2W86 132:49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -6- REVISION OF SECTION 601 MISCELLANEOUS CONCRETE CLASS B-MODIFIED Contraction joints may be sawed, hand -formed, or made by 1/8 inch thick division plates in the form work. Sawing shall be done early after the concrete has set to prevent the formation of uncontrolled cracking. The joints may be hand -formed either by (1) using a narrow or triangular jointing tool or a thin metal blade to impress a plane of weakness into the plastic concrete, or (2) inserting 1/8 inch thick steel strips into the plastic concrete temporarily. Steel strips shall be withdrawn before final finishing of the concrete. Where division plates are used to make contraction joints, the plates shall be removed after the concrete has set and while the forms are still in place. B. Expansion Joints: Expansion joints shall be constructed at right angles to the curb line at immovable structures and at points of curvature for short radius curves. Filler material for expansion joints shall be silicon or asphalt based and shall be submitted for approval according to Section 1.03 and shall be furnished in a single 1/2 inch thick piece for the full depth and width of the joint. Expansion joints in a slip formed curb or curb -and -gutter shall be constructed with an appropriate hand tool by raking or sawing through partially set concrete for the full depth and width of the section. The cut shall be only wide enough to permit a snug fit for the joint filler. After the filler is placed, open areas adjacent to the filler shall be filled with concrete and then troweled and edged. The CONTRACTOR may choose to place the filler and pour the concrete around it. Alternately, an expansion joint may be installed by removing a short section of freshly extruded curb -and -gutter immediately, installing temporary holding forms, placing the expansion joint filler, and replacing and reconsolidating the concrete that was removed. Contaminated concrete shall be discarded. Construction joints may be either butt or expansion -type joints. Curbs or combined curbs and gutters constructed adjacent to existing concrete shall have the same type of joints as in the existing concrete, with similar spacing; however, contraction joint spacing shall not exceed 10 feet. 3.06 PROTECTION A. The CONTRACTOR shall always have materials available to protect the surface of the concrete against rain. These materials shall consist of waterproof paper or plastic sheeting. For slip form construction, materials such as wood planks or forms to protect the edges shall also be required. Concrete damaged by rain shall be required to be removed and replaced at the CONTRACTOR's expense. 48 FHU Reference No. 04-143 4/182008, 1'.32:49 PM US 287/S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -7- REVISION OF SECTION 601 MISCELLANEOUS CONCRETE CLASS B-MODIFIED Concrete being placed in cold weather during which the temperature may be expected to drop below 35 degrees F., shall be suitably protected to keep the concrete from freezing until it is at least 10 days old or as directed by the ENGINEER. Concrete injured by frost action shall be required to be removed and replaced at the CONTRACTOR's expense. The CONTRACTOR will be responsible for correcting any vandalism or defacement (graffiti) that occurs on the concrete prior to final acceptance. 3.07 CURING A. Concrete shall be cured for at least 7 days after placement to protect against loss of moisture, rapid temperature change, and mechanical injury prior to any overlay or reconstruction work. Moist burlap, waterproof paper, white polyethylene sheeting, white liquid membrane compound, or a combination thereof may be used as the curing material. Membrane curing shall not be permitted in frost -affected areas when the concrete will be exposed to deicing chemicals within 30 days after completion of the curing period. 3.08 BACKFILLING A. The spaces in front and back of curbs shall be refilled with suitable material to the required elevations after the concrete has set sufficiently. The fill material shall be thoroughly tamped in layers. 3.9 TOLERANCE A. Forms shall not deviate from true line by more than %4-inch at any point. B. Mixed concrete shall be not less than 50°F, nor more than 80OF at the time of placing it in forms unless otherwise directed. C. If air temperature is 35OF or less at the time of placing, the ENGINEER will require water and/or aggregate heated to not less than 70°F, or more than 150°F. D. Finished joints shall not deviate more than %-inch in the horizontal alignment from a straight line. E. Any localized humps and or depressions greater than %-inch will require removal and replacement of the work in question. F. No ponding of water greater than 3/8-inch shall be allowed. G. Curb and gutter flowline depth shall not vary from adopted standards by more than +1/2-inch, measured vertically from the top of curb to the gutter invert. H. At the time of final acceptance inspection, the repair of all cracks will be completed. 1. Cracks that are less than %4-inch wide, exhibit no horizontal or vertical shifting, and do not meet the conditions in 2, 3, and 4 below may, at the discretion of the OWNER, be sealed by routing approximately %-inch to 1-inch deep by %-inch wide and filling with Sikaflex 1-A or equivalent. If the OWNER feels the cracks have compromised the service life of the concrete, the CONTRACTOR shall remove and replace the cracked concrete at his expense. 49 FHU Reference No. 04-143 4116=8, 1:32 49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -$- REVISION OF SECTION 601 MISCELLANEOUS CONCRETE CLASS B-MODIFIED 2. Any crack that extends through a joint shall require removal and replacement of the entire cracked area. 3. Any longitudinal cracked section of concrete will require complete removal and replacement of that section between joints. 4. Repair action for hairline cracks as determined in 1 above may be waived at the discretion of the OWNER. For the purpose of this section, a hairline crack is one that is reasonably immeasurable and without separation as determined by the ENGINEER. 3.10 QUALITY CONTROL A. Concrete testing and testing laboratory services required shall conform to the following unless otherwise determined by the ENGINEER. Section Type of Test Project Acceptance Frequency Procedures Test Project Sampling Sampling GRADATION Sidewalks: 1/500 sq yds or fraction CP 30 CP 31 thereof for each size aggregate of concrete placed MOISTURE CONTENT 1 per day and as often as needed for CP 30 CP 31 (FINE AGGREGATE) quality control MOISTURE CONTENT 1 per day min. where moisture content CP 30 CP 60 (COURSE is greater than +0.5% from SSD AGGREGATE) condition SLUMP The slump, air content and unit weight T 141 T 119 tests shall be carried out on the first truck of concrete for the daily placement and thereafter in conformance with the following table: AIR CONTENT 1 set of tests for every 500 sy or T 141 T 121 fraction thereof of concrete placed T 199 YIELD AND CEMENT 1 test (min) for every day of concrete T 141 T 22 placement COMPRESSIVE Sidewalks: 1 set (4) of cylinders per T141 T 22 500 square yards or fraction thereof of T 23 concrete placed per day Point of Acceptance: Gradation — Stockpile, belt, or bin Air Content — Mixer Discharge 50 FHU Reference No. 04-143 4I16I2008, 1:32:49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -9- REVISION OF SECTION 601 MISCELLANEOUS CONCRETE CLASS B-MODIFIED Prior to backfilling and after forms are removed, honeycombed, defective or damaged areas of concrete shall be repaired. Repairs shall be made within 7 days after the forms are removed. 3.11 CLEAN-UP A. The surface of the concrete shall be thoroughly cleaned upon completion of the work and prior to the substantial completion walk through, and the site left in a neat and orderly condition. 51 FHU Reference No. 04-143 411&2W8, 132'.49 PM US 287/S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.02 shall be deleted in its entirety and replaced with the following: 608.02 Materials shall meet the requirements specified in the following subsections: Joint Fillers 705.01 Bed Course Material 703.07 Concrete used for sidewalks and bikeways shall be Miscellaneous Concrete Class B — Modified. All concrete mix designs utilized shall be submitted to the City representative and approved a minimum of one week prior to the beginning of construction. Concrete mixes will be subject to inspection and tests as required to assure compliance with quality requirements. Subsection 608.06 shall include the following: BASIS OF PAYMENT Payment shall be made under: Pay Item Pay Unit Concrete Curb Ramp Square Yard Concrete Bikeway (6 Inch) Square Yard All work necessary and incidental to the construction of Concrete Bikeway (6 inch) and Concrete Curb Ramps will not be measured and paid for separately but shall be included in the work. 52 FHU Reference No. 04-143 41162008, 1'.32:49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 REVISION OF SECTION 608 CONCRETE CURB RAMP (SPECIAL) 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 truncated dome parcels on concrete curb ramps at the locations shown on the plans. Subsection 608.02 shall include the following: Truncated dome parcels shall be installed per City of Fort Collins, Colorado, Engineering Department Pedestrian Ramp Detail Standard Number 5 as reproduced on Sheet No. 22 of the project plans. Contractor shall coordinate with the City's project manager regarding material, construction or other installation details. Subsection 608.05 shall include the following: Truncated dome parcels on curb ramps, including all work and materials necessary for fabrication, transport, and installation will not be measured and paid for separately, but shall be included in the work. Subsection 608.06 shall include the following: Payment shall be made under: Pay Item Curb Ramp (Special) 53 FHU Reference No. 04-143 4/1612008, 1:W 49 PM Pay Unit Square Yard US 287/S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 REVISION OF SECTION 609 CURB AND GUTTER Section 609 of the Standard Specifications is hereby revised for this project as follows: Subsection 609.02 shall be deleted in its entirety and replaced with the following: 609.02 Materials shall meet the requirements specified in the following subsections: Joint Fillers 705.01 Bed Course Material 703.07 All concrete used for Curb and Gutter shall be Miscellaneous Concrete Class B-Modified. All concrete mix designs utilized shall be submitted to the City representative and approved a minimum of one week prior to the beginning of construction. Concrete mixes will be subject to inspection and tests as required to assure compliance with quality requirements. Subsection 609.06 shall include the following: BASIS OF PAYMENT Payment shall be made under: Pay Item Curb and Gutter, Type 2 (Section II B) 54 FHU Reference No. 04-143 4/1620 . 1:32:49 PM Pay Unit Linear Feet US 287/S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 REVISION OF SECTION 610 MEDIAN COVER MATERIAL Section 610 of the Standard Specifications is hereby revised for this project as follows: Subsection 610.02 shall be deleted in its entirety and replaced with the following: 610.02 Materials shall meet the requirements specified in the following subsections: Joint Fillers 705.01 Bed Course Material 703.07 All concrete used for Curb and Gutter shall be Miscellaneous Concrete Class B-Modified. All concrete mix designs utilized shall be submitted to the City representative and approved a minimum of one week prior to the beginning of construction. Concrete mixes will be subject to inspection and tests as required to assure compliance with quality requirements. Subsection 610.06 shall include the following: BASIS OF PAYMENT Payment shall be made under: Pav Item Median Cover Material (Concrete) 55 FHU Reference No. 04-143 4/1612W6, 1:32:49 PM Pay Unit Square Foot US 2871S. College Ave. Bike Lanes March, 2008 Project Special Provisions CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 REVISION OF SECTION 614 TUBULAR STEEL SIGN SUPPORT Section 614 of the Standard Specifications is hereby revised for this project as follows: Subsection 614.01 shall include the following: This work includes the installation of single or double tubular steel sign posts, supporting tubular sockets, and concrete footings at locations as shown on the plans. Subsection 614.02 shall include the following: Tubular steel sign posts shall be cold formed steel with minimum yield strength of 85 ksi. Unless otherwise specified in the Contract, the steel color shall be unpainted galvanized steel. Tubular sockets shall be round 12 gauge galvanized steel that meet the requirement of ASTM 787. Concrete footing shall be made of Class B Concrete. The Contractor may use an alternate material that meets the requirements for Class B concrete in Section 601, as approved by the Engineer. Subsection 614.09, last paragraph, shall include the following: (d) Tubular Steel Sign Supports. Tubular steel sign post, slipbase or socket and wedge, footing, and mounting clamps shall be installed in accordance with Project Detail 614-8 and manufacturer's recommendations. The Contractor shall make all arrangements to have a manufacturer -trained installer of the manufacturer's products on site during the construction of the entire assembly and associated signs to ensure proper installation. Prior to the placement of the posts, the Contractor shall submit to the Engineer, written documentation of the installer's qualifications and training in the construction of tubular steel sign supports. Upon completion of installation, the Contractor shall obtain and submit documentation from the trained installer that the installation of the sign posts was in accordance with manufacturer's recommendations. Subsection 614.13 shall include the following: Steel Sign Support (Post) will be measured by the actual number of linear feet of posts (not to include length of T-brackets or U-brackets) that are installed and accepted. T-brackets, U-brackets, wedges and mounting clamps that are required to complete the assembly as shown on the plans will not be measured and paid for separately, but shall be included in the work. Sockets for steel sign supports will be measured by the actual number of sockets that are installed and accepted. Concrete footing will not be measured and paid for separately, but shall be included in the work. When called for on the plans, sign posts, sockets and footings, wedges and mounting clamps will be regarded as a single assembly, and will be measured by the actual number of posts that are installed and accepted. 56 FHU Reference No. 04-143 4I162008, 1:32:49 PM Page is too large to OCR. 5. CLICK: "Most Current Set" to View the list of documents available for the project Order Items by clicking the cart Icon: Start M Order ligiIeizld a,et.,::::::::::: Iii Most Current Set �I I ill` r A f 4.44. M m gilllssue Set . ........ mm....... .. . C7QRevision 2 I W1 0 issue Set 7/29/2002 Architectural 24X36 LBW - ®� Issue Set 7/29/2002 Architectural 24X36 LBW - 1 I Revision 2/10/2004 Architectural 2036 LBW - ®�} W Issue Set 7129/2002 Architectural 24X36 LBW Revision 1 11/12/2003 Architectural 24X36 LBW 6. CLICK: Sheet No. to viewl 7. CLICK: to add a specific document to your "Shopp ng Cart" 8. CLICK: Start My Order�to place the order for printing 9. REGISTER -or- LOGIN 10. SELECT: Process -Media, Output Size and Binding options 11. ENTER: Job Number and PO information then click Next. 12. REVIEW: Recipient information. 13. ENTER: Quantities 14. CLICK: the down arrow to populate order. 15. SELECT: Delivery options and Due time. 16. ENTER: Your phone number in the special instructions box. 17. CLICK: Next. 18. REVIEW order 19. CLICK: SUBMIT Planwell contact: 970-691-2201 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. Rev 10/20/07 Section 00020 Page 4 US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -2- REVISION OF SECTION 614 TUBULAR STEEL SIGN SUPPORT Slipbases for Steel Sign Support (Post) will be measured by the actual number that are installed and accepted. Concrete footing will not be measured and paid for separately, but shall be included in the work. When called for in the plans, sign posts, slipbases and footing will be regarded as a single assembly, and will be measured by the actual number of Steel Sign Supports (Post and Slipbase) that are installed and accepted. Subsection 614.14 shall include the following: Payment will be made under: Pay Item Pay Unit Steel Sign Support (2-Inch Round) (Post and Socket) Each Steel Sign Support (2-1/2 Inch Round Sch 80) (Post and Slipbase) Each All costs associated with having a manufacturer's representative on site and obtaining the required documentation will not be measured and paid for separately, but shall be included in the work. 57 FHU Reference No. 04-143 4I1&2008, 1.32:49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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 Hiahwav Construction_ Case and Standard Plan S-630-2. • Signing and Striping Plans • Construction Traffic Control 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. No work interfering with traffic flow on US 287/S. College Ave. or Harmony Road shall be permitted during the hours of 7:00 AM to 8:30 AM or from 3:30 PM to 5:30 PM unless authorized in writing by the Traffic Engineer. C. Closures of City streets will not be allowed. D. Lane closures on US 287/S. College Ave. 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 US 287/S. College Ave.. E. The Contractor shall maintain pedestrian and bicycle movements through the project site. The Traffic Control plan shall address the method of handling these movements. F. The Contractor shall, at all times, provide for emergency vehicle access into and through the construction site. G. Keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. H. Keep fire hydrants and water control valves free from obstruction and available for use at all times. 58 FHU Reference No. 04-143 411&2008, 1:32 49 PM US 2871S. College Ave. Bike Lanes Project Special Provisions March, 2008 CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -2- TRAFFIC CONTROL PLAN - GENERAL Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. J. Provide and maintain continual temporary access for businesses and residences. K. 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. L. 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. O. The Contractor shall provide a flagger for equipment, trucks, or other pertinent construction equipment entering or leaving the construction area into US 287/S. College Ave. traffic at all times. P. The Contractor shall coordinate with Pioneer Sand Company, Inc. (Wayne Brantly, 303-438-5584) when paving their driveway. Construction work shall not inhibit their business traffic or operations. 59 FHU Reference No. 04-143 411612008, 1.32.49 PM US 2871S. College Ave. Bike Lanes March, 2008 Project Special Provisions CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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 MCI Jeff Robb (307) 214-8026 McLeod USA Mike Baumbach (303) 994-8016 Cable TV — Comcast Dennis Greenwalt (970) 484-7166 Sanitary Sewer/Water — Fort Collins/Loveland Terry Farrill (970) 226-3104 Water District; South Fort Collins Sanitation District Traffic Operations — City of Fort Collins Ward Stanford (970) 221-6820 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. Contractor to obtain necessary permits from the City and utility companies prior to starting construction activities. 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). 60 FHU Reference No. 04-143 4116 WB 132'49 PM US 287/S. College Ave. Bike Lanes March, 2008 Project Special Provisions CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 -2- UTILITIES The Contractor shall coordinate with the City of Fort Collins Electric Utility, when placing the concrete bikeway along U.S. 287/South College Avenue near Harmony Road regarding the protection of the electric box equipment and lines. The Contractor shall coordinate with Qwest when placing the concrete bikeway along US 287/South College Avenue near Harmony Road regarding the adjustments they do to their manhole for their fiber optic line. The Contractor shall coordinate with Qwest when placing the conduits between Qwest manholes along US 287/South College Avenue near Harmony Road. Coordination shall include the methods of construction for providing access through manhole walls for conduit access. The Contractor shall also coordinate with the City of Fort Collins Traffic Department regarding the protection and adjustment of traffic signal equipment. The following utility work shall be performed by the Utility Company or their agents: Qwest—Adjust manhole in conflict with the new trail system at Harmony Road and U.S. 287/South College Avenue. The manhole must meet the approval of the Owner in order to meet standards for pedestrians or bicyclists crossing the manhole. 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. 61 FHU Reference No. 04-143 4116/2008, 1,32,49 PM US 287/S. College Ave. Bike Lanes March, 2008 Project Special Provisions CDOT Project No. STE M455-063 CDOT Subaccount No. 14363 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. Force Account Item F/A 01 Minor Contract Revisions F/A 02 On -the -Job Trainee F/A 03 OJT Colorado Training Program F/A 04 Erosion Control F/A 05 Fuel Cost Adjustment Force Account Item Descriptions: Estimated Quantity Amount 1 FA $24,000' 0 Hours $ 0 1 FA $ 200 1 FA $ 1,000 1 FA $ 1,500 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 storm water 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 Fuel Cost Adjustment is for any unforeseen increases or decreases in the prices of gasoline and diesel fuels from those in effect during the month in which bids were received for the Contract. 62 FHU Reference No. 04-143 4/162008, 1.32.49 PM STANDARD SPECIAL PROVISIONS FHU Reference No. 04-143 4/16/2008, 1:32:49 PM SSP Index 02-15-08 [For 2005 Spec Book] COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS STANDARD SPECIAL PROVISIONS Revision of Section 101 - Falsework, Formwork, and Shoring Revision of Section 104 - Value Engineering Change Proposals Revision of Section 105 - Conformity to the Contract Revision of Section 105 - Violation of Working Time Limitation Revision of Section 106 - Certificates of Compliance and Certified Test Reports Revision of Sections 106 and 601 - Concrete Sampling and Pumping Revision of Section 107 - Project Safety Planning Revision of Section 107 - Responsibility for Damage Claims, Insurance Types and Coverage Limits Revision of Section 107 - Ton -Mile Taxes Revision of Section 108 - Liquidated Damages Revision of Section 108 - Payment Schedule Revision of Section 109 - Compensation of Compensable Delays Revision of Section 109 - Fuel Cost Adjustment Revision of Section 109 - Measurement of Quantities Revision of Section 203 - Embankment Revision of Section 208 - Storm Drain Inlet Protection Revision of Section 212 - Seeding Seasons Revision of Section 601 - Forms and Falsework Revision of Sections 601, 606, 608, 609 and 618 - Concrete Finishing Revision of Sections 601 and 701 - Structural Concrete Revision of Section 614 - Tubular Steel Sign Support Revision of Sections 614 and 630 - Retroreflective Sign Sheeting Revision of Section 627 - Pavement Marking Revision of Sections 627 and 713 - Preformed Plastic Pavement Marking Revision of Section 630 - Construction Zone Traffic Control Revision of Section 630 - Method of Handling Traffic Revision of Section 630 - NCHRP 350 Requirements Revision of Section 630 - Payment for Construction Traffic Control Devices Revision of Section 630 - Portable Sign Storage Revision of Section 702 - Bituminous Materials Revision of Section 712 - Hydrated Lime Affirmative Action Requirements - Equal Employment Opportunity Disadvantaged Business Enterprise - Definitions and Requirements Minimum Wages Colorado, U.S. Department of Labor General Decision Numbers CO20080014 and CO20080015 MOD 3, Highway Construction, Statewide On the Job Training Partnering Program Required Contract Provisions - Federal -Aid Construction Contracts Date No. of Pages (Nov. 30, 2006) 1 (August1,2005) 5 (January 17, 2008) 1 (August 1, 2005) 1 (June 29, 2006) 1 (June 7, 2007) 2 (August 1, 2005) 3 (August 1, 2005) (April 12, 2007) (October 25, 2007) (October 11, 2006) (January 17, 2008) (Nov. 30, 2006) (August 1, 2005) (October 25 2007) (October 25 2007) (April 12, 2007) (Nov. 30, 2006) (April 12, 2007) (January 17, 2008) (April 7, 2006) (Sept. 2, 2005) (April 12, 2007) (October 13, 2005) (April 7, 2006) (April 7, 2006) (August 2, 2007) (June 7, 2007) (August 1, 2005) (January 17, 2008) (January 17, 2008) (August 1, 2005) (Dec. 8, 2005) (February 15, 2008) (January 17, 2008) (April 7, 2006) (August 1, 2005) 2 1 1 1 1 1 1 1 1 1 1 1 10 2 1 2 3 1 1 1 1 1 10 1 10 12 9 5 1 11 FHU Reference No. 04-143 4116/2008, 1:32:49 PM November 30, 2006 REVISION OF SECTION 101 FALSEWORK, FORMWORK AND SHORING Section 101 of the Standard Specifications is hereby revised for this project as follows: Add subsection 101.89 as follows: 101.89 Falsework. Falsework is temporary construction used to support structural elements of concrete, steel, masonry or other materials during their construction or erection until they become self-supporting. Falsework may also be used to provide temporary support to elements of a structure during demolition or reconstruction. Add subsection 101.90 as follows: 101.90 Formwork. Formwork is the temporary structure or mold used to retain plastic or fluid concrete in its designated shape until it hardens. Add subsection 101.91 as follows: 101.91 Shoring. Shoring is temporary construction that is used to support the earth adjacent to excavation or embankment. 3 FHU Reference No. 04-143 41I MM8, 1'.32:49 PM August 1, 2005 REVISION OF SECTION 104 VALUE ENGINEERING CHANGE PROPOSALS Section 104 of the Standard Specifications is hereby revised for this project as follows: 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 4 FHU Reference No.04-143 4116/20 1:32,49 PM No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. — The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real _ or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. — Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director Rev 10/20/07 Section 00020 Page 5 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: August 1, 2005 5 FHU Reference No. 04-143 4116/2008, 1:32-.49 PM 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, environment during and after construction. necessary information from the Engineer. and impacts to the traveling public or to the . The Contractor shall request in writing the (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 FHU Reference No. 04-143 4116/2008, 1:32.49 PM 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. August 1, 2005 FHU Reference No. 04-143 4116/2008, 1 3249 PM 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. Z 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 _ FHU Reference No. 04-143 4/16=8, 132:49 PM 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. August 1, 2005 9 FHU Reference No. 04-143 411 e12008, 1 32,49 PM 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 may be 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 _ 10 FHU Reference No. 04-143 4116@ , 1:32:49 PM 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: August 1, 2005 11 FHU Reference No. 04-143 4116/2008, 1:32,49 PM 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 additional 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 r 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. 12 FHU Reference No. 04-143 - 4/16QW8, 1.3 49 PM January 17, 2008 REVISION OF SECTION 105 CONFORMITY TO THE CONTRACT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.03 shall include the following, after the first paragraph: All Hot Mix Asphalt (HMA) materials or work will be evaluated for conformity to the Contract in accordance with subsection 105.05 except HMA that is used for patching and temporary pavement. In subsection 105.03 (c), delete the Table of Price Reduction Factors and replace with the following: TABLE OF PRICE REDUCTION FACTORS In subsection 105.03 (c), delete the seventh paragraph, including the table of the multiplier for price reductions, and replace with the following: If the P for aggregate gradation for Items 206, 304, or the gradation of hydrated lime for item 403 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 304-A r ate Base Course Gradation 0.60 * The P value for hydrated lime shall be applied to the price of the HMA item when asphalt cement is not paid for separately. Lime gradation P values will not be combined with Pay Factors for other elements. 13 FHU Reference No. 04-143 4I1620 1.32'.49 PM August 1, 2005 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 TOTAL PRICE INCIDENT INCIDENT RATE REDUCT ION fi>et Nottee to �tsig vctrk - 2nd $150 $150 300 4th 600 1,050 Stn 1,200 6th 1,200 3,450 �Etd.A 206 Etc. Etc. 14 FHU Reference No. 04-143 411MM8, 1:32:49 PM SECTION 00100 INSTRUCTIONS TO BIDDERS June 29, 2006 REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.12 delete item (11) of the list following the first paragraph and replace with the following: (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 and units) of pay item (pay item number and Description) that will be installed on project number Contractor Date In subsection 106.12, delete the second paragraph and replace with the following: The original Certificate of Compliance shall include the Contractor's original signature as directed above, and the original signature (including corporate title), under penalty of perjury, of 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 or facsimile of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of material. The original shall be provided to the Engineer before payment for the represented item will be made. Failure to comply may result in delays to the project or rejection of the materials. In subsection 106.13, delete item (11) of the list following the first paragraph and replace with the following: (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 Certified Test Report represents (quantity and units) of pay item (pay item number and Description) that will be installed on project number Contractor 15 Date FHU Reference No. 04-143 411612008, 1:3249 PM In subsection 106.13, delete the second paragraph and replace with the following: The original Certified Test Report shall include the Contractor's original signature as directed above, and the original signature (including corporate title), under penalty of perjury, of 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 or facsimile of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material. The original shall be provided to the Engineer before payment for the represented item will be made. Failure to comply may result in delays to the project or rejection of the materials. 16 FHU Reference No. 04-143 4/182008, 132.49 PM August 1, 2005 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. 17 FHU Reference No. 04-143 4/162W8, 1:32.49 PM (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. August 1, 2005 18 FHU Reference No. 04-143 411612008, 1:32:49 PM 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. 19 FHU Reference No. 04-143 411612008, 1.32-.49 PM (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. August 1, 2005 20 FHU Reference No.04-143 4116/2WB, 1:MA9 PM 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. 21 FHU Reference No. 04-143 4/16I2WS, 13249 PM August 1, 2005 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. 22 FHU Reference No. 04-143 41WOOS, 1:32:49 PM (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 August 1, 2005 23 FHU Reference No. 04-143 411WW8, 132.49 PM 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. (a) All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to COOT. (f) The Contractor shall provide certificates showing insurance coverage required by this contract to CDOT 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, at 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. 24 FHU Reference No. 04-143 4/16/2008, 1'.3249 PM SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, _ 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" _ means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the , Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available _ on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must — contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. in accordance with Section 8-160 of the Code of the City of Fort — Rev 10/20/07 Section 00100 Page 1 .. (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. 25 FHU Reference No. 04-143 411&20 1:32:49 PM April 12, 2007 REVISION OF SECTION 107 TON -MILE TAX Section 107 of the Standard Specifications is hereby revised for this project as follows: In subsection 107.02, delete the third paragraph. 26 FHU Reference No. 04-143 4116/2008, 1:32:49 PM October 25, 2007 January 17, 2008 1 REVISION OF SECTION 109 COMPENSATION FOR COMPENSABLE DELAYS Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.10 delete the first paragraph and replace with the following: 109.10 Compensation for Compensable Delays. If the Engineer determines that a delay is compensable in accordance with either subsection 105.21, 105.22, 105.23, or 108.07, monetary compensation will be determined in accordance with this subsection. Delete subsection 109.10(a) and replace with the following: (a) These categories represent the only costs that are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1) Actual wages and benefits, including FICA, paid for additional non -salaried labor; (2) Costs for additional bond, insurance and tax; (3) Increased costs for materials; (4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and based on invoice costs for rented equipment; (5) Costs of extended job site overhead, (6) Salaried employees assigned to the project; (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is required for all such claims); (8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead. 27 FHU Reference No. 04-143 4/1612008, 1.3249 PM November 30, 2006 REVISION OF SECTION 109 FUEL COST ADJUSTMENT Section 109 of the Standard Specifications is hereby revised for this project as follows: Subsection 109.06 shall include the following: (h) Fuel Cost Adjustments. Contract price adjustments will be made to reflect increases or decreases in the prices of gasoline, diesel and other fuels from those in effect during the month in which bids were received for the Contract. When bidding, the Contractor shall specify on the Form 85 whether the price adjustment will apply to the Contract. After bids are submitted, the Contractor will not be given any other opportunity to accept or reject this adjustment. If the Contractor fails to indicate a choice on the Form 85, the price adjustment will not apply to the Contract. If the fuel cost adjustment is accepted by the Contractor, the adjustment will be made in accordance with the following criteria: Price adjustments will be based on the fuel price index established by the Department on the first working day of each month. The index will be the rate posted by the Oil Price Information Service (OPTS) on the first working day of the month for Denver No. 2 Diesel. The rate used will be the OPTS Average taken from the OPTS Standard Rack table for Ultra -Low Sulfur w/Lubricity Gross Prices (ULS column), expressed in dollars per gallon and rounded to two decimal places. 2. Price adjustments will be paid on a monthly basis with the following conditions: A. Payment will be based on the pay quantities on the monthly partial pay estimate for the following pay items for which fuel factors have been established: Item 203-Excavation (muck, unclassified), Embankment, 10.29 Gal/CY 206-Structure Excavation and Backfill [applies only to 0.29 Gal/CY quantities paid for by separate bid item; no adjustment will be made for pay items that include structure excavation & backfill, such as RCP(CIP)1 307-Lime Treated 403-Hot Mix Cement Concrete Pavement 28 FHU Reference No. 04-143 411MWO, 1:32,49 PM 0.12 Gal/SY 2.47 Gal/Ton 0.03 Gal/SY/Inch B. A price adjustment will be made only when the current fuel price index varies by more than 5 percent from the price index at the time of bid, and only for that portion of the variance in excess of 5 percent. Price adjustments may be either positive or negative dollar amounts. C. No fuel price adjustments will be made for any partial estimate falling wholly after the expiration of contract time. November 30, 2006 D. Adjustment formula: EP greater than BP: FA = (EP — 1.05 BP)(Q)(FF) EP less than BP: FA = (EP — 0.95 BP)(Q)(FF) Where: BP = Fuel price index for the month in which bids are opened EP = Fuel price index for the month in which the partial estimate pay period ends FA = Adjustment for fuel costs in dollars FF = Fuel usage factor for the pay item Q = Pay quantity for the pay item on the monthly partial pay estimate Note: When they pay item is based on area, and the rate of fuel use varies with thickness, Q should be determined by multiplying the area by the thickness. For example: for 1000 square yards of 8-inch concrete pavement Q should be 8000. E. No adjustment will be allowed for the quantity of any item that is left in place at no pay. The fuel cost adjustment will be the sum of the individual adjustments for each of the pay items shown. No adjustment will be made for fuel costs on items other than those shown. The factors shown are aggregate adjustments for all types of fuels used, including but not limited to gasoline, diesel, propane, and burner fuel. No additional adjustments will be made for any type of fuel. Fuel cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned force account item: Fuel Cost Adjustment. Fuel cost adjustments resulting in a decreased payment to the Contractor will be deducted from monies owed the Contractor. 29 FHU Reference No. 04-143 4116/2008, 1 32,49 PM August 1, 2005 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 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 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 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. 30 FHU Reference No. 04-143 4116/2008, 1:32:49 PM October 25, 2007 REVISION OF SECTION 203 EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows Subsection 203.03 (a) shall include the following: Embankment imported onto the project will be tested for water soluble sulfates using CP-L 2103 Method B. The average of three consecutive tests shall show that the sulfate content is not greater than that corresponding to the sulfate exposure level specified on the plans. No single test shall have a sulfate content more than 20 percent greater than that corresponding to the sulfate exposure level specified on the plans. A single failing test shall have the remaining sample split into four equal portions. CDOT Region Lab shall receive one portion, the Contractor shall receive one portion and the remaining two portions shall go to the CDOT Central lab. The CDOT Region Lab, CDOT Central Lab and the Contractor's Lab shall retest the sample. If the results from the three Labs are within 10 percent of each other, the results will be averaged. The averaged result will be used for Contract compliance. If the results from the Labs are not within 10 percent of each other, the remaining split sample will be sent to an independent laboratory for testing using CP-L 2103. The independent laboratory will be mutually agreed upon by the Department and the Contractor. The Independent Lab's test result will be used for Contract compliance. If the water soluble sulfate content is less than that corresponding to the sulfate exposure level specified on the plans, CDOT will bear all costs associated with the independent lab test. If the soluble sulfate content is greater than that corresponding to the sulfate exposure level specified on the plans, all costs associated with independent lab testing shall be at the Contractor's expense. Embankment represented by failing tests shall be removed from the project and replaced at the Contractor's expense. 31 FHU Reference No. 04-143 4116/2008, 1,3249 PM October 25, 2007 REVISION OF SECTION 208 STORM DRAIN INLET PROTECTION Section 208 of the Standard Specifications is hereby revised for this project as follows: Subsection 208.01 shall include the following: This work consists of the installation of storm drain inlet protection at locations as shown on the plans. Subsection 208.02 shall include the following: (m) Storm Drain Inlet Protection. Storm drain inlet protection shall consist of aggregate filled fabric with _ the following dimensions: Diameter 4 in. 4 in. Apron Insert I --- 30 in. or sized to grate The inlet protection device shall consist of a woven geotextile fabric with the following properties: Trapezoid Tear Strength ASTM D 4533 1lbs. 125 minimum Water Flow Rate ASTM D 4491 gal./min./ft. 145 Storm drain inlet protection shall be capable of remaining in place during a storm event and have an approximate weight of 7 to 10 pounds per linear foot of device. The device shall be capable of conforming to the shape of the curb. Aggregate contained in the storm drain inlet device shall consist of gravel or crushed stone conforming to Table 703-7 for Class C. _ Subsection 208.05 shall include the following: (p) Storm Drain Inlet Protection. Prior to installation, the Contractor shall prepare the surface of the areas in which the Storm Drain Inlet Protection devices are to be installed such that they are free of materials greater than 2 inches in diameter and are suitably smooth for the installation of the Storm Drain Inlet Protection, as approved. The ends of the inlet protection shall extend a minimum of 1 foot past each end of the inlet. Subsection 208.07 shall include the following: Storm drain inlet protection will be measured by the linear foot of storm drain inlet protection device installed and accepted. 32 FHU Reference No. 04-143 4116/2006, 1:32'49 PM Subsection 208.08 shall include the following: PART 1 - PAY ITEM PAY UNIT Storm Drain Inlet Protection (Type_) Linear Foot Payment will be full compensation for all work, materials and equipment required to complete the item, including surface preparation, maintenance throughout the project, and removal upon completion of the work. Aggregate will not be measured and paid for separately, but shall be included in the work. 33 FHU Reference No. 04-143 4/16/2008, 1:32:49 PM April 12, 2007 REVISION OF SECTION 212 SEEDING SEASONS Section 212 of the Standard Specifications is herby revised for this project as follows: In subsection 212.03 delete the seeding seasons table and replace it with the following: 34 FHU Reference No. 04-143 4/162006, 1,32:49 PM 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 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. Rev 10/20/07 Section 00100 Page 2 April 12, 2007 REVISION OF SECTIONS 601, 606, 608, 609, AND 618 CONCRETE FINISHING Sections 601, 606, 608, 609, and 618 of the Standard Specifications are hereby revised for this project as follows: Subsection 601.12 (a) shall include the following: Unless otherwise specified, hand finishing methods will be permitted only when performed under the direct supervision of a Craftsman holding the following certificate: ACI Concrete Flatwork Finisher and Technician (ACICFFT) or other Flatwork Finisher certification program approved by the Department. A minimum of one certified Craftsman is required at each finishing operation. A minimum of one certified Craftsman is required for each three or fewer finishers (non -certified ACICFFTs) at each operation. Subsection 601.14(a) shall include the following: The finishing of hardened concrete surfaces shall not require a certified Concrete Flatwork Finisher as described in subsection 601.12(a). Subsection 606.04(a), second paragraph, shall include the following: When hand finishing is allowed, it shall be performed under the supervision of a certified Concrete Flatwork Finisher in conformance with revised subsection 601.12(a). Subsection 606.04(b), first paragraph, shall include the following: All required hand finishing shall be performed under the supervision of a certified Concrete Flatwork Finisher in conformance with revised subsection 601.12(a). Subsection 608.03(d), first paragraph, shall include the following: All required hand finishing shall be performed under the supervision of a certified Concrete Flatwork Finisher in conformance with revised subsection 601.12(a). Subsection 609.03 shall include the following: All required hand finishing shall be performed under the supervision of a certified Concrete Flatwork Finisher in conformance with revised subsection 601.12(a). Subsection 618.11(f), first paragraph, shall include the following: All required hand finishing shall be performed under the supervision of a certified Concrete Flatwork Finisher in conformance with revised subsection 601.12(a). 35 FHU Reference No. 04-143 4116 M8, 1:32:49 PM June 7. 2007 REVISION OF SECTIONS 106 AND 601 CONCRETE SAMPLING AND PUMPING Sections 106 and 601 of the Standard Specifications are hereby revised for this project as follows: In subsection 106.03, delete the fifth paragraph and replace with the following: Samples will be taken by the Department except that the Contractor shall take samples of Portland Cement Concrete in accordance with CP 61; samples of asphalt cement, in _ accordance with AASHTO T 40; hot mix asphalt, in accordance with CP 41 and a composite of aggregates for hot bituminous mixtures, in accordance with CP 30. The Engineer will determine the sampling locations, and the samples shall be taken in the presence of the Engineer. The Contractor may retain a split of each sample. Delete subsection 601.08 and replace with the following: 601.08 Air Content Adjustment. When a batch of concrete delivered to the project does not conform to the minimum specified air content, an air entraining admixture conforming to subsection 711.02 may be added in accordance with subsection 601.17. After the admixture is added, the concrete shall be re -mixed for a minimum of 20 revolutions of the mixer drum at mixing speed. The concrete will then be re -tested by QC. Subsection 601.12(d) shall include the following: The Contractor shall not use pipes, chutes, troughs, spouts, or tremies that are fabricated of aluminum materials for pumping, conveying, or placing concrete. Subsection 601.12(g) shall include the following: When concrete is placed by pumping, the pumping equipment shall be thoroughly cleaned prior to concrete placement. Excess form release agent shall be removed from the hopper. The pump shall be primed at the Contractor's expense by pumping and discarding enough concrete to — produce a uniform mix exiting the pump. At least 0.25 cubic yard of concrete shall be pumped and discarded to prime the pump. Water shall not be added directly into the concrete pump hopper after placement has commenced. If water is added to the concrete pump hopper, all concrete in the concrete pump hopper and the line shall be discarded and the pump re -primed at the Contractor's expense. The pump operator shall have a valid operator's certification from the American Concrete Pumping Association. Boom pumps shall have a current Concrete Pump Manufacturers Association's CPMA27-2000 certification. Equipment added to the pump shall meet the pump manufacturer's specifications. The Contractor shall submit the specifications of the pumping equipment and the qualifications of the operator to the Engineer for review at least two weeks prior to pumping concrete. Equipment and operators rejected by the Engineer shall be replaced at the Contractor's expense. The pump shall be operated so that a continuous stream of concrete is produced. The pump equipment shall use a minimum of one of the following to maintain concrete uniformity: 36 FHU Reference No. 04-143 411612008, 132'49 PM (1) A 360 degree loop immediately prior to the delivery end of the pump line. (2) A minimum one inch reducer installed at the entry to the delivery hose. (3) A minimum one inch reducing delivery hose. (4) A cable attached to the pump boom creating a minimum 90 degree bend in the steel braded flexible hose. The point of discharge from the flexible hose at the end of the boom shall be at or above the lowest point of the bend. (5) On horizontal pours a 10-foot minimum horizontal delivery system placed on the deck. (6) Other approved methods.June 7, 2007 37 FHU Reference No. 04-143 4/16/2W8, 1:32.49 PM 2 REVISION OF SECTIONS 106 AND 601 CONCRETE SAMPLING AND PUMPING _ Metal pump lines or couplings shall not rest directly on epoxy coated reinforcing steel. The point of discharge of the pump shall be as close to the bridge deck elevation as possible. Subsection 601.17 shall include the following: _ The Contractor shall sample 601 pay items for both QC and QA in accordance with CP 61. The Engineer will witness the sampling and take possession of the QA samples at a mutually agreed upon location. Delete subsection 601.17(a) and replace with the following: (a) Air Content. The first three batches at the beginning of production shall be tested by QC and QA for air content. When air content is below the specified limit, it may be adjusted in accordance with subsection 601.08. Successive batches shall be tested by QC and witnessed by the Engineer until three consecutive batches are within specified limits. After the first three batches, CDOT will follow the random minimum testing schedule. Air content shall not be adjusted after a QA test. At any time during the placement of the concrete, when a QA test on a batch deviates from the minimum or maximum percent of total air content specified, the following procedure will _ be used to analyze the acceptability of the concrete. A batch that deviates from the specified air content by more than 1 percent and all Class D, DT, HT and H concrete placed in bridge decks with air content exceeding 8 percent will be rejected. Portions of loads incorporated into structures prior to determining test results which indicate rejection as the correct course of action shall be subject to acceptance at reduced price, no payment, or removal as determined by the Engineer. 2. A batch that deviates from the specified air content by 1 percent or less may be accepted at a reduced price using Table 601-3. 38 FHU Reference No. 04-143 4116Q2 , 1:32:49 PM r November 30, 2006 REVISION OF SECTION 601 FORMS AND FAISEWORK Section 601 of the Standard Specifications is hereby revised for this project as follows Subsection 601.09 (b) shall include the following: Forms for the placement of deck concrete or other concrete work associated with structural steel girders shall be constructed so that any concentrated loads applied to girder webs shall be within 6 inches of a flange or stiffener. Where loads are applied to steel girder webs, they shall be applied in a manner that will not produce distortion to the web. For structural steel girders, temporary struts and ties shall be provided as necessary to resist lateral loads applied to the girder flanges and to prevent appreciable relative movement between the edge of deck form and the adjacent steel girder. In subsection 601.11 (a), delete the first three paragraphs and replace with the following: (a) General. The Contractor shall be responsible for designing and constructing falsework The Contractor's Engineer shall determine whether falsework is necessary. When the Contractor's Engineer determines falsework is unnecessary, the Contractor shall submit a written statement signed by the Contractor's Engineer so stating. All falsework drawings, including revisions, shall be prepared by the Contractor's Engineer, shall meet the requirements of subsection 601.11, and shall be provided by the Contractor to the Engineer for record purposes only. The drawings shall be signed and sealed by the Contractor's Engineer. These drawings shall be stamped "Approved for Construction" and signed by the Contractor prior to providing them to the Engineer. The drawings will not be approved by the Engineer. In subsection 601.11 (d), delete the second and third paragraphs and replace with the following: Falsework and formwork for the placement of deck concrete or other concrete work associated with structural steel girders shall be constructed so that any concentrated loads applied to girder webs shall be within 6 inches of a flange or stiffener. Where loads are applied to steel girder webs, they shall be applied in a manner that will not produce distortion to the web. For structural steel girders, temporary struts and ties shall be provided as necessary to resist lateral loads applied to the girders and to prevent movement between adjacent steel girders. Where the deck overhang exceeds 1/3 of the distance between steel girders, bracing shall be provided to prevent rotation of the exterior girder due to the weight of the overhang falsework and formwork and concrete placement operations. Struts and ties shall also be provided between interior steel girders to prevent movement between girders. Falsework drawings for bracing, struts, and ties shall be submitted and conform to the requirements of subsection 601.11(a). 39 FHU Reference No. 04-143 4118 W8, 1'.32:49 PM January 17, 2008 REVISION OF SECTIONS 601 AND 701 STRUCTURAL CONCRETE Sections 601 and 701 of the Standard Specifications are 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 Class B concrete is an air entrained concrete for general use. Class D, H or P concrete may be — substituted for Class B concrete. Additional requirements are: The coarse aggregate shall have a nominal maximum size of 1'/z inches or smaller. Approved fly ash may be substituted for portland cement up to a maximum of 20 percent Class C or 30 percent Class F by weight of total cementitious. 40 FHU Reference No. 04-143 4116/2008, 1:32:49 PM Class BZ concrete is concrete for drilled piers. Additional requirements are: Entrained air is not required unless specified in the Contract. High range water reducers may be added to obtain desired slump and retardation. Slump shall be a minimum of 5 inches and a maximum of 8 inches. The concrete mix shall be made with AASHTO M 43 size No. 67, No. 7 or No. 8 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20 percent Class C or 30 percent Class F by weight of total cementitious. Class D concrete is a dense medium strength structural concrete. Class H may be substituted for Class D concrete. Additional requirements are: An approved water reducing admixture shall be incorporated in the mix. The concrete mix shall be made with AASHTO M 43 sizes No. 57, No. 6 or No. 67 coarse aggregate. When placed in a bridge deck, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 67 coarse aggregate by weight of total aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20 percent Class C or 30 percent Class F by weight of total cementitious. Class DT concrete may be used for deck resurfacing and repairs. Class HT may be substituted for Class DT concrete. Additional requirements are: An approved water reducing admixture shall be incorporated in the mix. The concrete mix shall consist of a minimum 50 percent AASHTO M 43 size No. 7 or No. 8 coarse aggregate by weight of total aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20 percent Class C or 30 percent Class F by weight of total cementitious. 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 are: Type III cement may be used The concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 357 or No. 467 coarse aggregate by weight of total aggregate. If all transverse joints are doweled, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 sizes No. 57, No. 6, No. 67, No. 357, or No. 467 coarse aggregate by weight of total aggregate. The laboratory trial mix must produce an average 28 day flexural strength of a minimum 650 psi. Class E concrete shall contain a minimum 10 percent to a maximum of 20 percent Class C, or a minimum 10 percent to a maximum 30 percent Class F fly ash by weight of total cementitious. Class H concrete is used for bare concrete bridge decks that will not receive a waterproofing membrane. Additional requirements are: An approved water reducing admixture shall be incorporated in the mix. The concrete mix shall consist of a minimum of 55 percent AASHTO M 43 size No. 67 coarse aggregate by weight of total aggregate. Class H concrete shall contain cementitious materials in the following ranges: 450 to 500 pounds per cubic yard Type II portland cement, 90 to 125 pounds per cubic yard fly ash and 20 to 30 pounds per cubic yard silica fume. The total content of Type II portland cement, fly ash and silica fume shall be 580 to 640 pounds per cubic yard. The laboratory trial mix must not exceed permeability of 2000 coulombs at 56 days (ASTM C 1202) and 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 are: An approved water reducing admixture 41 FHU Reference No. 04-143 4/16/20 , 1'.32:49 PM shall be incorporated in the mix. The concrete mix shall consist of a minimum of 50 percent AASHTO M 43 size No. 7 or No. 8 coarse aggregate by weight of total aggregate. Class HT _ concrete shall contain cementitious materials in the following ranges: 450 to 500 pounds per cubic yard Type II portland cement, 90 to 125 pounds per cubic yard fly ash and 20 to 30 pounds per cubic yard silica fume. The total content of Type II portland cement, fly ash and _ silica fume shall be 580 to 640 pounds per cubic yard. The laboratory trial mix must not exceed permeability of 2000 coulombs at 56 days (ASTM C 1202) and 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 are: The concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 357 or No. 467 coarse aggregate by _ weight of total aggregate. If all transverse joints are doweled, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 sizes No. 57, No. 6, No. 67, No. 357, or No. 467 coarse aggregate by weight of total aggregate. The laboratory trial mix must produce an average 28 _ day flexural strength of a minimum 650 psi. Class P concrete shall contain a minimum 10 percent to a maximum of 20 percent Class C, or a minimum 10 percent to a maximum 30 percent Class F fly ash by weight of total cementitious. Unless acceptance is based on flexural — strength, the total weight of cementitious shall not be less than 660 pounds per cubic yard. If acceptance is based on flexural strength, the total weight of cementitious shall not be less than 520 pounds per cubic yard. Class S35 concrete is a dense high strength structural concrete. Additional requirements are: An approved water reducing admixture shall be incorporated in the mix. The concrete mix shall be made with AASHTO M 43 sizes No. 57, No. 6, No. 67, No. 7 or No. 8 coarse aggregate. When placed in a bridge deck, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 67 coarse aggregate by weight of total aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20 percent Class C or 30 percent Class F by weight of total cementitious. Class S40 concrete is a dense high strength structural concrete. Additional requirements are: An approved water reducing admixture shall be incorporated in the mix. The concrete mix shall be made with AASHTO M 43 sizes No. 57, No. 6, No. 67, No. 7 or No. 8 coarse aggregate. When placed in a bridge deck, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 67 coarse aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20 percent Class C or 30 percent Class F by weight of total cementitious. Class S50 concrete is a dense high strength structural concrete. Additional requirements are: An approved water reducing admixture shall be incorporated in the mix. The concrete mix shall be made with AASHTO M 43 sizes No. 57, No. 6, No. 67, No. 7 or No. 8 coarse aggregate. When placed in a bridge deck, the concrete mix shall consist of a minimum 55 percent AASHTO _ M 43 size No. 67 coarse aggregate by weight of total aggregate. Approved fly ash may be substituted for portland cement up to a maximum of 20 percent Class C or 30 percent Class F by weight of total cementitious. The laboratory trial mix 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: 42 FHU Reference No. 04-143 4/16/2006, 1.32'49 PM Where blended hydraulic cement is used the substitution of fly ash for the blended hydraulic cement is not allowed. Subsection 601.04 shall include the following: 601.04 Sulfate Resistance. The Contractor shall provide protection against sulfate attack on concrete structures by providing concrete structures manufactured with requirements according to Table 601-4. The exposure Class will be stated on the plans. A higher level of requirements may be used for a lower level of exposure. If the Contractor can provide a test report that shows another class of exposure exists at a structure location, then the Engineer may accept a concrete mix for that location that meets the corresponding sulfate protection requirements in addition to other requirements shown in this section. Table 601-4 REQUIREMENTS TO PROTECT AGAINST DAMAGE TO CONCRETE BY SULFATE ATTACK FROM EXTERNAL SOURCES OF SULFATE Severity Water-soluble Cementitious of sulfate (SO4), Sulfate (SO4) in Water cementitious material potential percent, dry water, ppm ratio, maximum requirements ex osure soil Class 1 0.11 to 0.20 151 to 1500 0.45 Class 1 MMMEMM I Class 3 2.01 or greater 10,001 or rester 0.40 Class 3 Cementitious material requirements are as follows: Class 0 requirements shall be one of the following: (1) ASTM C 150 Type I, II or V (2) ASTM C 595 Type IP (3) ASTM C 1157 Type GU (4) ASTM C 150 Type III cement if it is allowed, as in Class E concrete Class 1 requirements for sulfate resistance shall be one of the following: (1) ASTM C 150 Type II or V; Class C fly ash shall not be allowed in the concrete mix (2) ASTM C 595 Type IP(MS) (3) ASTM C 1157 Type MS (4) When ASTM C 150 Type III cement is allowed, as in Class E concrete, it shall have no more than 8 percent C3A. Class C fly ash shall not be allowed in the concrete mix Class 2 requirements for sulfate resistance shall be one of the following: (1) ASTM C 150 Type V with a minimum of a 20 percent substitution of Class F fly ash by weight (2) ASTM C 150 Type II or III with no more than 0.040 percent expansion at 14 days when tested in accordance with ASTM C 452 with a minimum of a 20 percent substitution of Class F fly ash by weight (3) ASTM C 1157 Type HS 43 FHU Reference No. 04-143 411WOOB, 1'.32.49 PM (4) A blend of portland cement meeting ASTM C 150 Type II or III with a minimum of 20 percent Class F fly ash by weight, where the blend has less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C 1012. - Class 3 requirements for sulfate resistance shall be one of the following: (1) A blend of portland cement meeting ASTM C 150 Type II, III, or V with a minimum of a 20 percent substitution of Class F fly ash by weight , where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. (2) ASTM C 1157 Type HS having less than 0.10 percent expansion at 18 months when tested — according to ASTM C 1012. When fly ash is used to enhance sulfate resistance, it shall be used in a proportion greater than or equal to the proportion tested in accordance to ASTM C1012 and it shall have a calcium oxide content no more than 2.0 percent greater than the fly ash tested according to ASTM 1012. Delete subsection 601.05 and replace with the following: 601.05 Proportioning. The Contractor shall submit a Concrete Mix Design 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 will be reviewed and approved following the procedures of CP 62. The Concrete Mix Design will not be approved when the laboratory trial mix data are the results from tests performed more than two years in the past or aggregate data are the results from tests performed more than two years in the past. The concrete mix design shall show the weights and sources of all ingredients including cement, pozzolan, aggregates, water, additives and the water cementitious ratio (w/c). When determining the w/c, cementitous (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 (1) AASHTO T 119 (ASTM C 143) Slump of Hydraulic Cement Concrete. (2) AASHTO T 121 (ASTM C 138) Weight per Cubic Foot, Yield, and Air Content (Gravimetric) of Concrete. _ (3) AASHTO T 152 (ASTM C 231) Air Content of Freshly Mixed Concrete by the Pressure Method (4) ASTM C 39 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. (5) 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 56 days in accordance with ASTM C 192 Standard Practice for Making and Curing Concrete Test Specimens in the Laboratory. (6) Class H, HT and S50 concrete shall include a measurement of cracking by AASHTO PP 34 Standard Practice for Estimating the Cracking Tendency of Concrete. The ring shall be cured in an indoor room with the temperature maintained 65 to 75 IF and relative humidity not exceeding 40 percent. (7) Class E and P concrete shall include AASHTO T 97 (ASTM C 78) Flexural Strength of 44 FHU Reference No. 04-143 4/1WWO, 132'.49 PM ... 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. 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. Rev 10/20/07 Section 00100 Page 3 .. Concrete (Using Simple Beam with Third -Point Loading) performed with at least two specimens at seven days and four specimens at 28 days. Prior to placement of Class E concrete, the Contractor shall provide the Engineer a report of maturity relationships in accordance with CP 69. The Contractor shall provide 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. Except for class BZ concrete, the maximum slump of the delivered concrete shall be the slump of the approved concrete mix design plus 1 Y: inch. 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 (ASTM C 117) Materials Finer Than 75 um (No. 200) Sieve in Mineral Aggregates by Washing. (2) AASHTO T 19 (ASTM C 29) Unit Weight and Voids in Aggregate. (3) AASHTO T 21 (ASTM C 40) Organic Impurities in Fine Aggregate for Concrete. (4) AASHTO T 27 (ASTM C 136) Sieve Analysis of Fine and Coarse Aggregates. (5) AASHTO T 84 (ASTM C 128) Specific Gravity and Absorption of Fine Aggregate. (6) AASHTO T 85 (ASTM C 127) Specific Gravity and Absorption of Coarse Aggregate. (7) AASHTO T 96 (ASTM C 131) Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (8) AASHTO T 104 (ASTM C ea) Soundness of Aggregate by Use of Sodium Sulfate or Magnesium Sulfate. (9) AASHTO T 176 (ASTM D 2419) 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) CP-L 4201 Determining the Potential Alkali Reactivity of Aggregates (Accelerated Mortar -Bar Method). When an aggregate source is known to be reactive, CP-L 4202 results may be submitted in lieu of CP-L 4201 results. Any aggregate tested by CP-L 4201 with an expansion of 0.10 percent or more, or that is known to be reactive, shall not be used unless mitigative measures are included in the mix design. Mitigative measures shall be tested using CP-L 4202 and exhibit an expansion less than 0.10 percent by one of the 45 FHU Reference No. 04-143 4116120 132,49 PM following methods: (1) Combined Aggregates. The mix design sources of aggregates, cement and mitigative measures shall be tested. The proportions of aggregates and mitigative measures shall be those used in the mix design. (2) Individual Aggregates. Each source and size of individual aggregates shall be tested. The source of cement and mitigative measures shall be those used in the mix design. The highest level of mitigative measures for any individual aggregate shall be the minimum used in the mix design. The Concrete Mix Design Report shall include Certified Test Reports showing that the cement, fly ash 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 changes 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, silica fume or aggregate. When a change occurs in the source of approved admixtures, the Contractor shall submit a letter stamped by the Concrete Mix Design Engineer approving the changes to the existing mix design. The change will be approved by the Engineer prior to use. _ The use of approved accelerating, retarding or hydration stabilizing admixtures to existing mix designs will be permitted at the discretion of the Engineer when documentation includes the following: (1) Manufacturers recommended dosage of the admixture (2) A letter stamped by the Concrete Mix Design Engineer approving the changes to the existing mix — design. Unless otherwise permitted by the Engineer, the product of only one type of portland cement from one source 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 601.12 0), third paragraph, shall include the following: When concrete is to be placed on or adjacent to hardened concrete surfaces, the surface shall be saturated surface dry. Saturated surface dry concrete has no water on its surface. The pores of the concrete beneath the surface are moist. Delete subsection 701.01 and replace with the following: 46 FHU Reference No. 04-143 411620 , 1'.32:49 PM 701.01 Hydraulic Cement. Hydraulic cement shall conform to the requirements of the following specifications for the type specified or permitted: Portland Cement ASTM C 150 Blended Hydraulic Cement ASTM C 595 Hydraulic Cement ASTM C 1157 In addition to the standard chemical requirements for portland cement in ASTM C 150, the maximum percent of equivalent alkalis (Na2O + 0.658 KZO) shall not exceed 0.90 percent. All concrete, including precast, prestressed and pipe shall be constructed with one of the following hydraulic cements unless permitted otherwise. ASTM C 150 Type I ASTM C 150 Type II ASTM C 150 Type V ASTM C 595 Type IP consisting of no less than 70 percent portland cement, ASTM C 595 Type IP(MS) consisting of no less than 70 percent portland cement, ASTM C 1157 Type GU, ASTM C 1157 Type MS ASTM C 1157 Type HS consisting of no less than 20 percent Class F fly ash by weight 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 prior to the tested material being incorporated into the project. 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. 47 FHU Reference No. 04-143 4/1612008, 1.3249 PM Colorado Procedure 62-09 STANDARD PRACTICE FOR — Contractor Concrete Mix Design Approval Procedure 1. SCOPE 1.1 This practice describes the procedures for concrete mix design approval 2. PRE -APPROVAL OF CONCRETE MIX DESIGNS 2.1 This process will place a Concrete Suppliers concrete mix on CDOT's Approved Products List (APL). The APL is located at http://www.dot.state.co.us/App APU 2.1.1 Only standard mix designs will be placed on CDOT's APL. Project specific mix designs such as Class D(special) and Class E will not be added to CDOT's APL. Concrete mix design — approval will follow the Procedures listed in Section 5. 2.2 Concrete mix designs shall be performed in conformance with Colorado, AASHTO & — ASTM procedures. 2.3 The Concrete Supplier submits to the CDOT Central Materials Laboratory's Concrete & — Physical Properties (CPP) Unit two copies of the concrete mix design, which contain all the information detailed in Section 5 a minimum of two months prior to anticipated concrete placement date. 2.3.1 All mix designs shall be sealed, using a crimp type device, by a registered Professional Engineer in the State of Colorado pursuant to Section 12-25-102(10) of the Colorado Revised Statutes. 2.3.2 The CPP Unit may verify any or all properties of the concrete mix design or individual component properties prior to mix design approval. The CPP Unit will notify the Concrete Supplier that a mix design will be verified. The Concrete Supplier will sample and submit the components to the CPP Unit. 2.3.3 If requested, all worksheets and other supporting information shall be submitted to the CPP Unit for their review prior to mix design approval. 2.4 If all tests conform to the specifications, a Concrete Mix Design Report (CDOT Form #1373) will be created & sent to the Concrete Supplier. 2.5 The approved mix design will be placed on CDOT's APL 2.5.1 A concrete mix placed on the APL is not guaranteed to be approved for use on a Project 48 FHU Reference No. 04-143 _ 4118 W8, 1:32:49 PM 3. APPROVAL OF CONCRETE MIX DESIGNS SUBMITTED TO A PROJECT 3.1 This process will be used for Project specific concrete mix designs or concrete mix designs that are not on CDOT's APL. 3.2 Concrete mix designs shall be performed in conformance with Colorado, AASHTO & ASTM procedures. 3.3 The Contractor submits to the Project Engineer two copies of the concrete mix design, which contains all the information detailed in Section 5 a minimum of three weeks prior to anticipated concrete placement date. The Project Engineer will submit the Contractor's concrete mix design to the CPP Unit or Region Materials Engineer (RME) for review and approval along with CDOT Form #1188 and a copy of the Project's Index of Special Provisions. 3.3.1 All mix designs shall be sealed, using a crimp type device, by a registered Professional Engineer in the State of Colorado pursuant to Section 12-25-102(10) of the Colorado Revised Statutes. 3.3.2 The CPP Unit or RME may verify any or all properties of the concrete mix design or individual component properties prior to mix design approval. The CPP Unit or RME will notify the Contactor that a mix design will be verified. The Contractor shall sample and submit the components to the CPP Unit or RME.. 3.3.3 If requested, all worksheets and other supporting information shall be submitted to the CPP Unit or RME for their review prior to mix design approval. 3.4 If all tests conform to the specifications, a Concrete Mix Design Report (CDOT Form #1373) will be issued for the project. 3.4.1 A CDOT Form #1373 is only valid for the Project which it was issued to. If a concrete mix design is to be used on multiple Projects, the mix design, CDOT Form #1188 and a copy of the Project's Index of Special Provisions must be submitted for each Project. 3.5 When a standard mix design is approved by the CPP Unit the mix design will be placed on CDOT's Approved Products List and a CDOT Form 1373 will be sent to the Concrete Supplier. 3.6 When approved by the RME, the mix design will be forwarded to the CPP Unit for review. 4. USE OF PRE -APPROVED CONCRETE MIX DESIGNS ON PROJECTS 4.1 This process will be used when a Contractor wants to use a pre -approved concrete mix design listed on CDOT's APL on a Project 4.2 The Contractor shall submit to the Project Engineer a letter stating his intent to use a pre -approved concrete mix design. The letter shall state at a minimum, the Concrete Supplier, the supplier's mix design number and CDOT's Concrete Mix Design Report (CDOT Form #1373) number a minimum of one week prior to the anticipated concrete placement date. 49 FHU Reference No. 04-143 4116 WS, 1:32:49 PM 4.3 The Project Engineer will submit the Contractor's letter to the CPP Unit or RME for review and approval along with CDOT Form #1188 and a copy of the Project's Index of Special Provisions. 4.4 If a pre -approved concrete mix design conforms to the Project's specifications, a — Concrete Mix Design Report (CDOT Form #1373) will be issued for the project. 4.4.1 A CDOT Form #1373 is only valid for the Project which it was issued to. — 5. CONCRETE MIX DESIGN REQUIREMENTS 5.1 Labs and personnel providing mix designs shall comply with the requirements listed in CID 10. 5.2 A concrete mix design shall contain the following information: 5.2.1 Cover Letter — A cover letter including the following: • Laboratory name & address • Concrete supplier's name & address — • Concrete supplier's mix design number • CDOT concrete class • Date of trial batch testing — • Source of all mix design components • Statement of Conformity to CDOT Specifications • Sealed & signed by a Professional Engineer registered in the State of Colorado — 5.2.2 Mix Design Sheet —A mix design sheet identifying the following: • Name of testing laboratory • Concrete supplier's name & address • Concrete supplier's mix design number — • Components of the mix design: o Aggregates — Source, grading & pit name o Cement — Source, type & plant o Pozzolan — Source, class & plant o Silica Fume — Source & plant o Admixtures — Source & type o Water — Source. — • Mix design proportions and trial mix data in accordance with Standard Specification Section 601.05 • Sealed & signed by a Professional Engineer registered in the State of Colorado — 5.2.3 Appendix — An appendix shall include all supporting data and documentation required in Section 601.05. This shall include but is not limited to aggregate data and certified test reports. Any test report or supporting documentation that is used in this report from sources not covered by the Engineer of Record shall be stamped & signed by a Professional Engineer registered in the State of Colorado in charge for that work. 50 FHU Reference No. 04-143 4118/2008, 1:32'.49 PM 5.3 When the source of an admixture changes on a pre -approved mix design, the Concrete Supplier shall submit a letter stamped by the Concrete Mix Design Engineer approving the changes to the existing mix design to the CPP Unit. The letter shall list all mix design that will be affected by the change. If the change is approved by the CPP Unit, the affected mix designs on the APL will be changed to reflect the new admixture source. 6. RECORD 6.1 The RME or CPP Unit will issue a CDOT Form #1373 to the Project Engineer. See Chapter 600 of the CDOT Field Materials Manual for an example. 6.2 The Project Engineer will supply the Contractor the CDOT Form #1373 mix design number. 7. REMOVAL OF A MIX DESIGN FROM THE APL 7.1 The CPP Unit may elect to test any or all components of a mix design on the APL. 7.2 The CPP Unit will request that a Project samples the mix design constituents from the batch plant. The sample will be sent to the CPP Unit for testing. 7.3 When a material does not meet CDOT mix design specifications, the Concrete Supplier will be notified. 7.3.1 The material will be resampled by the Project & sent to the CPP Unit for retesting. 7.3.2 Upon a second failure, any mix design using the material will be removed from the APL. 7.3.3 The CPP Unit will send notice to the Region Materials Engineers that a mix design(s) has been removed form the APL & any Projects using the mix design(s) should discontinue its use. 51 FHU Reference No. 04-143 4I162W8, 1'.32.49 PM September 2, 2005 REVISION OF SECTIONS 614 AND 630 — RETROREFLECTIVE SIGN SHEETING Sections 614 and 630 of the Standard Specifications are hereby revised for this project as _ follows: In subsection 614.04, first paragraph, delete the second sentence and replace with the following: Retroreflective sheeting shall be Type III as defined in the CDOT Retroreflective Sheeting Materials Guide, and shall conform to subsections 713.04 and 713.06 when applicable. In subsection 614.04, delete the second paragraph and replace with the following: Retroreflective sheeting for all signs requiring a yellow background shall be Type Fluorescent. In subsection 630.02, delete the third and fourth paragraphs, including Table 630-1, and replace with the following: Retroreflective sign sheeting types shall be as defined in the CDOT Retroreflective Sheeting Materials Guide. Retroreflective sheeting shall be one of the types specified for the particular application in Table 630-1. Retroreflective sheeting for all signs requiring an orange or yellow background shall be Type Fluorescent. _ Table 630-1 Retroreflective Sheeting Types Sheeting Type III Type Fluorescent Aoolication Work Zone Work Zone ♦3 Paddle Non -orange Fixed Support I X signs with prefix "W STOP sign (R1-1) YIELD sign (R1-2) WRONG WAY sign (R5-1a) X DO NOT ENTER sign (R5-1) EXIT sian (E5-1a) All other fixed support signs- I X 52 FHU Reference No. 04-143 4M62008, 1:32 49 PM I Fluorescent Sheeting shall be of a brand that is on the CDOT Approved Products List. 2 Drum Sheeting shall be manufactured for flexible devices. 3 Fixed support signs are defined as all signs that must remain in use outside of working hours. They shall be mounted in accordance with Standard Plan S-630-1. 53 FHU Reference No. 04-143 4/1&QW8, 1:3249 PM April 7, 2006 REVISION OF SECTION 614 TUBULAR STEEL SIGN SUPPORT Section 614 of the Standard Specifications is hereby revised for this project as follows: Subsection 614.01 shall include the following: This work includes the installation of single or double tubular steel sign posts, supporting tubular sockets, and concrete footings at locations as shown on the plans. Subsection 614.02 shall include the following: _ Tubular sockets shall be round 12 gauge galvanized steel that meet the requirements of ASTM 787. Concrete footing shall be made of Class B Concrete. The Contractor may use an alternate material that meets the requirements for Class B concrete in Section 601, as approved by the Engineer. Subsection 614.09, last paragraph, shall include the following: (4) Tubular Steel Sign Supports. Tubular steel sign post, slipbase or socket and wedge, footing, and mounting clamps shall be installed in accordance with Standard Plan S-614- 8 and manufacturer's recommendations. The Contractor shall make all arrangements to _ have a manufacturer -trained installer of the manufacturer's products on -site during the construction of the entire assembly and associated signs to ensure proper installation. Prior to the placement of the posts, the Contractor shall submit to the Engineer, written _ documentation of the installer's qualifications and training in the construction of tubular steel sign supports. Upon completion of installation, the Contractor shall obtain and submit documentation from the trained installer that the installation of the sign posts was in accordance with manufacturer's recommendations. Subsection 614.13 shall include the following: Steel Sign Support (Post) will be measured by the actual number of linear feet of posts (not to include length of T-brackets or U-brackets) that are installed and accepted. T-brackets, U- brackets, wedges and mounting clamps that are required to complete the assembly as shown on the plans will not be measured and paid for separately, but shall be included in the work. Steel Sign Support (Socket) will be measured by the actual number of sockets that are installed _ and accepted. Concrete footing will not be measured and paid for separately, but shall be included in the work. When called for on the plans, sign posts, sockets and footings, wedges and mounting clamps will be regarded as a single assembly, and will be measured by the actual number of Steel Sign Support (Post and Socket) that are installed and accepted. ^ Steel Sign Support (Slipbase) will be measured by the actual number that are installed and accepted. Concrete footing will not be measured and paid for separately, but shall be included in the work. '- 54 FHU Reference No. 04-143 4119 W8.1'. 3249 PM 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. 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. Rev 10/20/07 Section 00100 Page 4 When called for in the plans, sign posts, slipbases and footing will be regarded as a single assembly, and will be measured by the actual number of Steel Sign Supports (Post and Slipbase) that are installed and accepted. April 7, 2006 2- REVISION OF SECTION 614 TUBULAR STEEL SIGN SUPPORT Subsection 614.14 shall include the following Payment will be made under: Pay Item Pay Unit Steel Sign Support (2-Inch Round) (Post) Linear Foot Steel Sign Support (2-Inch Round) (Socket) Each Steel Sign Support (2-Inch Round) (Post and Socket) Each Steel Sign Support (2-1/2 Inch Round NP-40) (Post) Linear Foot Steel Sign Support (2-1/2 Inch Round NP-40) (Slipbase) Each Steel Sign Support (2-1/2 Inch Round NP-40) (Post and Slipbase) Each Steel Sign Support (2-1/2 Inch Round Sch 80) (Post) Linear Foot Steel Sign Support (2-1/2 Inch Round Sch 80) (Slipbase) Each Steel Sign Support (2-1/2 Inch Round Sch 80) (Post and Slipbase)Each All costs associated the manufacturer's representative and obtaining the required documentation will not be measured and paid for separately but shall be included in the work. 55 FHU Reference No. 04-143 4/1612W8, 1:32:49 PM April 12, 2007 REVISION OF SECTION 627 PAVEMENT MARKING Section 627 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 627.03(b) and replace with the following: (b) Roadways Closed to Traffic During Construction. Full -compliance final markings shall be in place prior to opening the roadway to traffic. Pavement markings on detour routes shall be full -compliance markings. Delete subsections 627.03(d) and 627.03(e) and replace with the following: (d) Temporary Pavement Markings. Temporary pavement markings and control points for the installation of those pavement markings for roadways that are being constructed under traffic shall be installed as follows: 1. When one roadway of a normally physically divided highway is closed, and a crossover is constructed, full -compliance pavement markings shall be placed along the tapers and through the median crossovers to the two-way traffic section. Pavement markings through the two-way traffic section shall be as shown on the plans. All temporary paved roadways shall have full -compliance center line, lane line, and edge line markings before they are open for traffic. Markings applied to a final surface shall not leave a scar that conflicts with permanent markings. 2. The following criteria apply to all construction on roadways open to traffic other than (d)1. above: Full -compliance center line, lane line, and edge line temporary markings shall be in place at the end of each work day. No -passing zone restrictions shall be identified by full -compliance no -passing zone markings. No -passing zone markings shall be in place daily. Temporary pavement stencils (SCHOOL, RR xing, etc) are not required unless — specified in the plans. Temporary pavement markings shall be installed according to the manufacturer's _ recommendations in such a way that the markings adequately follow the desired alignment. 3. Control Points consisting of 4 inch by 1 foot marks at 40-foot intervals may be placed as guide markers for the installation of temporary or final pavement markings. Raised flexible pavement markers may be substituted for these marks. Control points shall not be used as a substitute for any required marking.April 12, 2007 56 FHU Reference No. 04-143 4/1&2W8, 1'.32:49 PM 2 REVISION OF SECTION 627 PAVEMENT MARKING (e) Pavement Marking for Seal Coats (Section 409). Raised flexible pavement markers, suitable for use on seal coats, shall be installed as follows: No -passing zones shall be marked with two markers placed side -by -side at 40-foot intervals throughout the zone. Passing zones shall be marked with one marker at 40-foot centers. Closer spacing shall be used on curves, as deemed appropriate. Raised flexible pavement markers, installed on 40-foot centers, may also be used to mark lane lines through multi -lane roadway sections. Auxiliary lanes and shoulder lines may be marked with flexible markers on 80-foot centers or as appropriate. 2. Full -compliance final pavement markings shall be placed within one week of completion of the seal coat project. Subsection 627.13 shall include the following: Each authorized application of temporary pavement marking will be measured and paid for at the contract unit price for the type of material used. Control points and Contractor pavement marking plans will not be measured and paid for separately, but shall be included in the work. 57 FHU Reference No. 04-143 411612" 132-.49 PM REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.10 shall include the following after the first paragraph: — 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 ATSSA 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. In subsection 630.15 delete the fifth paragraph and replace with the following: The Contractor shall agree to quantities for the following items on a weekly basis when signing the Form 7: Traffic Control Manaqement Day _ Hour 58 FHU Reference No. 04-143 411612 e, 1:32,49 PM April 7, 2006 REVISION OF SECTION 630 METHOD OF HANDLING TRAFFIC NOTICE This is a standard special provision that revises or modifies CDOT's Standard Specifications for Road and Bridge Construction. It has gone through a formal review and approval process and has been issued by CDOT's Project Development Branch with formal instructions regarding its use on CDOT construction projects. It is to be used as written without change. Do not use modified versions of this special provision on CDOT construction projects, and do not use this special provision on CDOT projects in a manner other than that specified in the instructions unless such use is first approved by the Standards and Specifications Unit of the Project Development Branch. The instructions for use on CDOT construction projects appear below. Other agencies that use the Standard Specifications for Road and Bridge Construction to administer construction projects may use this special provision as appropriate and at their own risk. INSTRUCTIONS FOR USE ON CDOT CONSTRUCTION PROJECTS: Use this standard special provision on all projects. 59 FHU Reference No. 04-143 4/16/2008, 1:32:49 PM April 7, 2006 REVISION OF SECTION 630 METHOD OF HANDLING TRAFFIC Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.09 (8), delete Table 630-2 and replace with the following: _ Table 630-2 VERTICAL CLEARANCES TO STRUCTURES Highway Railway Underpasses Underpasses Overhead Wires Rural Arterial Urban Arterial 16 Feetf 23 Fee? 3 Freewa s Vertical clearance to sign trusses and pedestrian overpasses shall be 17 feet. 2 Measured from top of rail to bottom of highway structure. All railway clearances are subject to the individual railroad's approval. 3 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 1/2 inch for each 1000 volts. 60 FHU Reference No. 04-143 4116/2 . 1Y.32:49 PM August 2, 2007 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, first paragraph, delete the second sentence. In subsection 630.08, delete the second paragraph and replace with the following: Work zone devices designated by FHWA as Category I, II, or III, shall meet NCHRP 350 requirements. Devices designated as Category IV, including but not limited to portable or trailer -mounted devices such as flashing arrow panels, temporary traffic signals, area lighting supports, and changeable message signs. are not required to meet NCHRP 350 requirements. Except for Category IV devices, the Contractor shall obtain and present to the Engineer the manufacturer's written NCHRP 350 certification for each work zone device before it is first used on the project. 61 FHU Reference No. 04-143 4162W8, 1'32'.49 PM August 1, 2005 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. Signs shall not be stored on the paved surface. 62 FHU Reference No. 04-143 4/18/2W8, 1:32 49 PM June 7, 2007 REVISION OF SECTION 630 PAYMENT FOR CONSTRUCTION TRAFFIC CONTROL DEVICES Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.15 delete the second paragraph and replace with the following: 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 105.20, exclusive of any maintenance periods. The percent of original contract amount earned will be determined by comparing the amount earned for bid items, other than traffic control devices and mobilization, with the original contract amount minus the amounts bid for traffic control devices and mobilization. 63 FHU Reference No. 04-143 4/16I2W8, 13249 PM January 17, 2008 1 REVISION OF SECTION 702 _ BITUMINOUS MATERIALS SECTION 702 OF THE STANDARD SPECIFICATIONS IS HEREBY DELETED FOR THIS PROJECT AND REPLACED WITH THE FOLLOWING: 702.01 Asphalt Cements. (a) Superpave Performance Graded Binders. Superpave Performance Graded Binders shall conform to the requirements listed in Table 702-1. (Taken from AASHTO M 320) Asphalt cement shall not be acid modified or alkaline modified. Asphalt cement shall not contain any used oils that have not been rerefined. Modifiers that do not comply with environmental rules and regulations including 40 CFR Part 261.6(a) (3) (IV), and part — 266/Subpart C shall not be added. Modifiers shall not be carcinogenic. The supplier of the PG binder shall be certified in accordance with CP 11. _ M FHU Reference No. 04-143 V16Q0 , 1:32:49 PM 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and — signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). — 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each — such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the _ time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and Rev 10/20/07 Section 00100 Page 5 .. January 17, 2008 2 REVISION OF SECTION 702 BITUMINOUS MATERIALS TABLE 702-1 SUPERPAVE PERFORMANCE GRADED BINDERS TO �PropertY 58-28 Requirement 58-34 1 64-22 PG 64-28er 76-28 Test No. Viscosity at 135 °C, Paes, maximum minimum Tou�i1t9�5s„jrtplse �inG�»tq Tenacity, joules (inch-lbs) 3 3 3 3 3 T316 wtaere,. 58 $8 04:.. 4i 76 T31# ptsFa cm 50 T 51 8.5 CP-L 2210 (75) CP-L 2215 MH#gs Lois, percentmaximurit 1.00 1.00 1,00 1.011 1,OU' CP,L215: Dynamic Shear, Temp. °C, where 58 58 64 64 76 T 315 G*/Sin S @ 10 rad/s z 2.20 kPa Elastic Recovery, 25 *C, percent - - 50 T 301 mir1.' Ductility, 4 °C (5 cm/min.), cm 20 T 51 minimum PAV Residue Properties, Aging R 28 Temperature 100 °C Dynamic Shear, Temp. °C, where 19 16 25 22I 28 T 315 G*«Sln b @ 10 rad/s s 5000 kPa Creep Stiffness, @ 60 s, Test -18 -24 -12 -18 -18 T 315 Temperature in °C S, maximum, MPa 300 300 300 300 300' T 313 m-value, minimum 0.300 0.300 0.300 0.300 0.300 T 313 **Direct Tension, Temperature in -18 -24 -12 -18 -18 T 314 °C, @ 1 mm/min.; where failure strain � 1.0 % **Direct tension measurements are required when needed to show conformance to AASHTO M 320. January 17, 2008 3 REVISION OF SECTION 702 BITUMINOUS MATERIALS Acceptance Samples of the PG binder will be taken on the project in accordance with the Schedule in _ the Field Materials Manual. The Department will test for acid modification and alkaline modification during the binder certification process. Thereafter, the Department will randomly test for acid modification and alkaline - modification. (b) Dampproofing. Asphalt for damp proofing shall conform to the requirements of ASTM D 449, and the asphaltic primer shall conform to the requirements of ASTM D 41. 702.02 Liquid Asphaltic Materials. Liquid asphaltic materials shall conform to the requirements of AASHTO M 81, M 82, and ASTM D 2026 for the designated types and grades. 702.03 Emulsified Asphalts. Emulsified asphalts shall conform to AASHTO M 140 or M 208 for the designated types and grades. Emulsified asphalt and aggregate used for seal coats shall be sampled and will be tested for information only in accordance with CP-L 2213. When grade CSS-1 h or SS-1 h emulsified asphalt is used for tack coat, residue penetration test values shall be 40 to 120. Emulsified asphalt (HFMS-2S) with a residual penetration greater than 300 dmm shall conform to all properties listed in AASHTO M 140, Table 1 except that ductility shall be reported for information only. (a) Emulsion for Seal Coat. Polymerized emulsions for seal coat shall conform to the requirements listed in Table 702-2. Emulsion for seal coat shall be an emulsified blend of polymerized asphalt, water, and emulsifiers. The asphalt cement shall be polymerized prior to emulsification and shall contain at least 3 percent polymer by weight of asphalt cement. The emulsion standing undisturbed for a _ minimum of 24 hours shall show no white, milky separation but shall be smooth and homogeneous throughout. The emulsion shall be pumpable and suitable for application through a distributor. 2 FHU Reference No. 04-143 4116/2008. 1,32:49 PM 4 REVISION OFSECTION 7O2 BITUMINOUS MATERIALS Table 702-2 POLYMERIZED EMULSIONS FOR SEAL COATS AASHTO Tests on Emulsion: OP Tests on residue: ghhe In lb: -1 If successful application is achieved in the field, the Engineer may wave this requirement. 2 CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and providing material for tests on residue. CP-L 2212 is for acceptance only. If the percent residue or any test on the residue fails to meet specifications, the tests will be repeated using the distillation test in conformance with AASHTO T-59 to determine 3 For polymerized emulsions the distillation and evaporation tests will in be in conformance with AASHTO T-59 or CP-L 2212 respectively with modifications to include 205 ± 5 OC (400 ± 10 OF) maximum temperature to be held for 15 minutes. 3 FMUReference No. 04-143 JANUARY 17, 2008 5 REVISION OF SECTION 702 — BITUMINOUS MATERIALS (b) Emulsion for Prime Coat. Emulsion for prime coat shall conform to the requirements of Table 702-3. — Circulate before use if not used within 24 hours. Table 702-3 (c) Recycling Agent. Recycling Agent for Item 406, Cold Bituminous Pavement (Recycle), shall be either a high float emulsified asphalt (polymerized) or an emulsified recycling agent as follows: 1. High Float Emulsified Asphalt (Polymerized). High Float Emulsified Asphalt (Polymerized) for Cold Bituminous Pavement (Recycle) shall be an emulsified blend of polymer modified asphalt, water, and emulsifiers conforming to Table 702-4 for HFMS-2sP. The asphalt cement shall be polymerized prior to emulsification, and shall contain at least 3 percent polymer. The emulsion standing undisturbed for a minimum of 24 hours shall show no white, milky separation, and shall be smooth and homogeneous throughout. The emulsion shall be pumpable and suitable for application through a pressure distributor. 4 FHU Reference No. 04-143 411612008, 1 32:49 PM January 17, 2008 6 REVISION OF SECTION 702 BITUMINOUS MATERIALS Table 702-4 HIGH FLOAT EMULSIFIED ASPHALT (POLYMERIZED) (HFMS-2sP) Requirement AASHTO Property Minimum Maximum Test Tests on Emulsion: Storage Stability test, 24houjrs, % 1 T 59 I ia9li'�l�ii I3iill �i ,i� N�ll�i it*t!!!I OX Residue 65 T 59 �lllh S i., ., il, Tests on Residue: t�i 8{,..�r., Float Test, 60 °C (140 °F), sec 1200 T 50 ,r , .fI1:i...�:,a,!t (( nildl l� ,i !i ICa1 wi! Elastic Recovery, 4 °C (39.2 °F), % 50 T 301 400 ± 100 F maximum temperature to be held for 15 minutes. 2When approved by the Engineer, Emulsified Asphalt (HFMS-2sP) with a residual penetration greater than 300 dmm may be used with Cold Bituminous Pavement (Recycle) to address problems with cool weather or extremely aged existing pavement. Emulsified Asphalt (HFMS-2sP) with a residual penetration greater than 300 dmm shall meet all properties listed in Table 702-4 except that Elastic Recovery shall be reported for information only. 2. Emulsified Recycling Agent. Emulsified Recycling Agent for use in Cold Bituminous Pavement (Recycle) shall conform to the requirements in Table 702-5. FHU Reference No. 04-143 4116/2008, 1.32.49 PM January 17, 2008 7 REVISION OF SECTION 702 BITUMINOUS MATERIALS Table 702-5 EMULSIFIED RECYCLING AGENT Requirement Property Minimum Maximum Test Tests on Emulsion: v I Lr �K-1 McH.ic�'?il ° �.� '� ,.,a��i n„ Pumping Stability x Pass GB Method M!IN M IN vtRElt.s E ii Cement Mixing, %w 2.0 ASTM D 244 RNIN�li� 1%1titF �'iEt p Pk ��' i f Nt H ikn °Iifl� �. kd: �.h..: v{r...: t,.,. N;aI I Conc. Of Oil Phase 64 ASTM D 244 Tests on Residue: ! it �11'S ieE ,..... ... .,.,, .., . .. ,,.. "a,o�. s,,.:�., Flash Point, COC, °C (° F) 232 ASTM D 92 a it y n t t v Pii�' i 11'�j ,y� y i t l 1 it RYA d i k �.,.., ,S :� �. ��I ikika i si.�3 k,.i _�.. i ri: t i . i 9�fl i t t ada.... quf ASTM PC/S Ratio 0.4 D 2006 ni n" vtt,,�:������ i i ,♦E yy��i s. II i� ''k �, u,., . n ,.. 3 ..... .L. j. eF Pumping stability is determined by charging 450 ml of emulsion into a one liter beaker and circulating the emulsion through a gear pump (Roper 29.1322621) having a 6.3 mm (114 inch) inlet and outlet. The emulsion passes if there is no significant separation after circulating ten minutes. 2Test procedure identical with ASTM D 244 except that distilled water shall be used in place of 2 percent sodium oleate solution. 'ASTM D 244 Evaporation Test for percent of residue is modified by heating 50 gram sample to 1490C (300 OF) until foaming ceases, then cooling immediately and calculating results. 4In the Maltenes Distribution Ratio Test by ASTM Method D 2006. PC = Polar Compounds S = Saturates A, = First Acidaffin A2 = Second Acidaffins 6 FHU Reference No. 04-143 4/16/2008, i m 49 PM JANUARY 17, 2008 8 REVISION OF SECTION 702 BITUMINOUS MATERIALS 702.04 Asphalt Rejuvenating Agents. Asphalt rejuvenating agents (ARA) shall be composed of a petroleum resin -oil base uniformly emulsified with water and shall conform to the physical and chemical requirements of Table 702-6 or ASTM D 4552. TABLE 702-6 ASPHALT REJUVENATING AGENT For hot -in -place recycling ARA-1 P is an acceptable alternative to ARA. ARA-1 P shall meet the requirements below: Emulsified Polymer Modified Asphalt Rejuvenating Agent (ARA-1 P) for use in hot -in -place recycling of bituminous pavements shall be modified with a minimum of 1.5 percent styrene-butadiene solution polymer. The finished product shall conform to the physical requirements listed in Table 702-7 below. FHU Reference No. 04-143 4/1612008, 1:32.49 PM TABLE 702-7 9 REVISION OF SECTION 702 BITUMINOUS MATERIALS ARA-1 P January 17, 2008 Property Test Method Min Max Test on Emulsion a �p 1P iE �i p j{ii"t4 `h� 'ti E i E 'a ,1 N k r Ev uN E _ E 1 y�Win tFW E�EiHi E I '�µj1{ ry g'�q t" 4. 9 ri 3 Iii {, i i . ....:.. ::. .. x.� ...._.. ,.. s i,a.,,a,,,, .. E, ,.,....... 'ski IE t 3��iM'ki' .- �, .... Residue @ 350 OF, % ASTM D 244 Mod 60 q tg4p' E y, p4;�{i 3 1L I-4 E ili, d E Oil distillate, % ASTM D 244 2.0 TEST ON RESIDUE `fir R , ,IS�NRl! 19 5'j� �pygt , ! t .. f UN: .., . i... -Min b41 �(dh 2.54, tw.., �. .., -u.. Lv Asphaltenes, % ASTM D 4124 15 702.05 (unused) 702.06 Hot Poured Joint and Crack Sealant. Hot poured material for filling joints and cracks shall conform to the requirements of ASTM D 6690, Type I or 11. The concrete blocks used in the Bond Test shall be prepared in accordance with CP-L 4101. Sealant material shall be supplied preblended, prereacted, and prepackaged. If supplied in solid form the sealant material shall be cast in a plastic or other dissolvable liner having the capability of becoming part of the crack sealing liquid. The sealant shall be delivered in the manufacturer's original sealed container. Each container shall be legibly marked with the manufacturer's name, the trade name of the sealer, the manufacturer's batch or lot number, the application temperature range, the recommended application temperature, and the safe heating temperature. The sealant shall be listed in CDOT's Approved Products List prior to use. 8 FHU Reference No. 04-143 4H6MG8, 1.32:49 PM January 17, 2008 10 REVISION OF SECTION 702 BITUMINOUS MATERIALS Colorado Procedure - Laboratory CP-L 4101 Standard Practice for Preparing Concrete Blocks for Testing Sealants, for Joints and Cracks ASTM Designation: D 1985-03 NOTE: Replace Subsections 5.1, 5.1.1, and 5.2 of ASTM D 1985-03 with the following: 9 FHU Reference No. 04-143 4I1MW8, 1,3249 PM 5.1 Prepare the concrete in accordance with the procedure described in Test Method C 192/C102M using the following mix design: Concrete Mix Proportions for 1 Cubic Yard SSD Batch Weight Cement, Type 1/11 528 lb Flyash, Class F 132 lb Coarse Aggregate, Morrison Quarry, #57/67 1750 lb Sand, Thornton Pit, - Washed Sand 1100 lb Note: Contact Aggregate Industries at 303.777.2592 to obtain the aggregates. 5.2. Use a metal or plastic mold provided with a metal or plastic base plate. Provide means for securing the base plate to the mold. Make the assembled mold and base plate water -tight and oil with mineral oil before use. Fill the mold with concrete prepared in accordance with 5.1 to overflowing and vibrate externally for 30 s. Screed (level) the concrete to a smooth surface with a wooden float and level off with a metal straightedge drawn across the top with a sawing motion. Cure as specified in Test Method C 192/C 192M. After curing for not less than 14 days, cut the slab of concrete into individual blocks using a 40 by 60-grit diamond saw blade rotating at a peripheral speed of 3050 t 150 m/min. (10 000 t 500 ft/min.). Each test block should be 25 by 50 by 75 mm (1 by 2 by 3-in.). Any face contacting the test material must be saw cut. While the blocks are still wet from the sawing operation, scrub the surfaces of the blocks lightly with a non-metallic stiff -bristle brush while holding under a stream of running water. Stocks of prepared blocks may be stored under standard conditions indefinitely, but store such blocks in a 100% humidity environment for not less than 7 days prior to use. 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 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. Rev 10/20/07 Section 00100 Page 6 January 17, 2008 REVISION OF SECTION 712 HYDRATED LIME Section 712 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 712.03 and replace with the following: 712.03 Hydrated Lime. The hydrated lime for Hot Mix Asphalt (HMA) shall conform to the requirements of AASHTO M 303, Type I. In addition, the particle size requirements shall conform to AASHTO M 303 when tested in accordance with CP-L 4209 Physical Testing of Quicklime, Hydrated Lime, and Limestone. August 1, 2005 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY I NOTICE This is a standard special provision that revises or modifies CDOT's Standard Specifications for Road and Bridge Construction. It has gone through a formal review and approval process and has been issued by CDOT's Project Development Branch with formal instructions for its use on CDOT construction projects. It is to be used as written without change. Do not use modified versions of this special provision on CDOT construction projects, and do not use this special provision on CDOT projects in a manner other than that specified in the instructions unless such use is first approved by — the Standards and Specifications Unit of the Project Development Branch. The instructions for use on CDOT construction projects appear below. — Other agencies which use the Standard Specifications for Road and Bridge Construction to administer construction projects may use this special provision as appropriate and at their own risk. Instructions for use on CDOT construction projects: Use this standard special provision on all projects. August 1,2005 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: Gnnla nnrl Timatnhin fnr Minnrity IItilizwtlnn 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.........................................4....... 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.. ........... 4 .... 7.5% Casper WY) GOALS AND TIMETABLES FOR FEMALE UTILIZATION Until Further Notice......................................................................................................................6.9% -- Statewide August 1, 2005 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. August 1, 2005 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. August 1, 2005 4 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the — Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; — a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when he Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. 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. August 1, 2005 5 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g. Review, at least annually, the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 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. August 1, 2005 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). August 1, 2005 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. August 1, 2005 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. 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. 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. Rev 10/20/07 Section 00100 Page 7 August 1,2005 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. 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. August 1, 2005 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 r 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 r 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. April 2, 2008 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS NOTICE This is a standard special provision that revises or modifies CDOT's Standard Specifications for Road and Bridge Construction. It has gone through a formal review and approval process and has been issued by CDOT's Project Development Branch with formal instructions regarding its use on CDOT construction projects. It is to be used as written without change. Do not use modified versions of this special provision on CDOT construction projects, and do not use this special provision on CDOT projects in a manner other than that specified in the instructions unless such use is first approved by the Standards and Specifications Unit of the Project Development Branch. The instructions for use on CDOT construction projects appear below. Other agencies that use the Standard Specifications for Road and Bridge Construction to administer construction projects may use this special provision as appropriate and at their own risk. INSTRUCTIONS FOR USE ON CDOT CONSTRUCTION PROJECTS: Use this standard special provision on all projects. April 2, 2008 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 Transportation Office of Certification or the City and County of Denver Division of Small Business Opportunity (DSBO) finds to be a socially and economically disadvantaged individual. (2) Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged: a. 'Black Americans," which includes persons having origins in any of the Black racial groups of Africa; b. "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; c. "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; d. "Asian -Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; e. "Subcontinent Asian Americans," which includes persons whose origins are from India, ^ Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; f. "Women", which means females of any ethnicity; g. "Other," which means any additional groups whose members are designated as socially and - economically disadvantaged by the Small Business Administration (SBA), at such time as the SBA designation becomes effective and/or individuals who have been determined to be ^" socially and economically disadvantaged based on the criteria for social and economic disadvantage. 2. Underutilized DBE (UDBE). A firm which meets the definition of DBE above and is eligible to meet the contract goal as defined in the project special provision titled "Contract Goal." 3. DBE Joint Venture. Joint venture means an association of a DBE firm and one or more other firms to carry out a single, for -profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and _ profits of the joint venture are commensurate with its ownership interest. April 2, 2008 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. CDOT will evaluate only the good faith efforts made by the contractor prior to the bid opening. Any UDBE Participation submitted on Form 715 that exceeds the participation submitted on 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. The apparent low bidder shall report all efforts made including but not limited to the efforts required on Form 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 Business Programs Office, with the DBE Liaison's Approval, 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 Business Programs Office'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 five working days of being informed by the Business Programs Office 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 to: Good Faith Efforts Committee Fax: 303-757-9019 Phone:303-757-9234 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 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. The Business Programs Office, with the DBE Liaison's Approval, 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. April 2, 2008 3 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 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 CDOT Region Civil Rights Professional the steps taken on Form 205. For each subcontract item not identified for DBE participation on Form 718, steps the Contractor must take include but are not limited to the following: A. Seek out and consider UDBEs as potential subcontractors. (1) Contact all 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 Colorado Department of Transportation Office of Certification or the City and County of Denver Division of Small Business Opportunity (DSBO) for status as a DBE. Application shall be made on the USDOT's Uniform Certification Application Form as provided by these agencies 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 certifying agency has sufficient time to render decisions. The certifying agency 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 an online directory 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 directory is updated daily by the certifying agencies and is accessible online at hftp://www.dot.state.co.us/app_ucp/. 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 Business Programs Office based on information provided by the proposed joint venture on Form 893, "Information For Determining DBE Participation When A Joint Venture Includes A DBE". Joint applications should be submitted well in advance of bid openings. April 2, 2008 4 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (c) Bidding Requirements All bidders shall submit with their proposals a fully executed Form 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 Form 715 for each UDBE used to meet the contract goal (sample attached) no later than 4:00 p.m. on the third work day after the date of bid opening to the Business Programs Office in the Center for Equal Opportunity. Form 715 may be submitted by FAX, at Fax number (303)757-9019, with an original copy to follow. If the contract goal is not met, the apparent low bidder shall submit a completed Form 718 and corresponding 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 Form 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) of this special provision. 3. The use of the UDBE firms named on Form 714 or on a Form 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 equal 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 equal 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 Form 713. A Form 713 for subcontracts is to be submitted with the Form 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 Form 205 approval. A Form 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 Form 713 is received by the Department. A Form 205 is not required for a supply or service contract. 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 percent 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. April 2, 2008 5 DISADVANTAGED BUSINESS ENTERPRISE r DEFINITIONS AND REQUIREMENTS 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 does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, 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 transportation — services obtained from UDBE trucking firms, provided the UDBE controls the trucking operations for which it seeks credit. A UDBE trucking firm must have at least one truck and driver of its own, but it can lease trucks owned by others, both DBEs and non -DBEs, including owner -operators. For work done with — its own trucks and drivers, and for work done with DBE lessees, the UDBE trucking firm receives credit for all transportation services provided. For work done with non -DBE lessees, the UDBE trucking firm gets credit only for the fees or commissions it receives for arranging the transportation services, because the services themselves are being performed by non -DBEs. 6. 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. The Contractor may count 60 percent of its expenditures to UDBE suppliers (regular dealers) that are not manufacturers, provided that the DBE supplier performs a commercially useful function in the supply process. A DBE supplier (regular dealer) 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 (regular dealer) 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 (regular dealers): (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. April 2, 2008 6 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (3) The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 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 Form 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 Form 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 Form 714 or on a Form 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 CDOT Region Civil Rights Professional will approve the replacement at no additional cost to the Department. Replacements will be allowed only with prior written approval of the Region Civil Rights Professional. 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 Region Civil Rights Professional 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 Form 714 or on Form 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 Region Civil Rights Professional 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. April 2, 2008 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 Department 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 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. (9 Sanctions. It is the obligation of the Contractor to provide DBE firms with equal 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) 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 108.09 of the specifications. Attachments: Form 714 Form 715 Form 718 Page is too large to OCR. Page is too large to OCR. April 2, 2008 8 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM 714 Page 1 April 2, 2008 9 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM 714 Page 2 April 2, 2008 10 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM 715 Page 1 April 2, 2008 11 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM 715 Page 2 April 2, 2008 12 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM NO. 718 Page 1 April 2, 2008 13 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM NO. 718 Page 2 February 15, 2008 U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO GENERAL DECISION NUMBERS CO20080014 AND CO20080015 HIGHWAY CONSTRUCTION NOTICE This is a standard special provision that revises or modifies CDOT's Standard Specifications for Road and Bridge Construction. It has gone through a formal review and approval process and has been issued by CDOT's Project Development Branch with formal instructions for its use on CDOT construction projects. It is to be used as written without change. Do not use modified versions of this special provision on CDOT construction projects, and do not use this special provision on CDOT projects in a manner other than that specified in the instructions, unless such use is first approved by the Standards and Specification Unit of the Project Development Branch. The instructions for use on CDOT construction projects appear below. Other agencies which use the Standard Specifications for Road and Bridge Construction to administer construction projects may use this special provision as appropriate and at their own risk. Instructions for use on CDOT construction projects: Use this standard special provision on all federal -aid projects with contracts exceeding $2000, except for projects on roadways classified as local roads or rural minor collectors, which are exempt. -1- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 02-15-08 GENERAL DECISION NUMBERS CO20080014 AND CO20080015. HIGHWAY CONSTRI ICTTnN Decision Nos. CO20080014 and CO20080015 dated February 08, Modifications 1U 2008 supersedes Decision Nos. C0020070014 and C0020070015 MOD Numb e Date pages dated February 09, 2007. t 02-15-08 1,5 t 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. CO20080014 applies to the following counties: Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo, and Weld counties. General Decision No. CO20080014 The wage and fringe benefits listed below reflect oRectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod ELECTRICIANS: 1200 Electrical work $150,000 or less (Pueblo county) 22.44 10.77 1 1201 Electrical work over $150,000 (Pueblo county) 26.59 10.90 1 1202 Electricians (Adams, Arapahoe, Boulder, Denver, Douglas, 2g.91 10.33 Jefferson, Latimer, and Weld counties) 1203 Electricians (El Paso county) 26.80 12.00 + 3% 1204 Electricians (Mesa county) 20.31 8.56 1205 Traffic Signal Installer (Zone 1) 23.83 4.75 + 13.75% 1206 Traffic Signal Installer (Zone 2) 26.83 4.75 + 13.75% 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 21.67 8.22 1301 Bituminous or Asphalt Spreader/Laydown Machine 21.67 8.22 1302 Bulldozer 21.67 8.22 -2- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 02-15-08 GENERAL DECISION NUMBERS CO20080014 AND CO20080015, HIGHWAY CONSTRUCTION General Decision No. CO20080014 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS (cont.): Crane: 1305 50 tons and under 21.82 8.22 1306 51 to 90 tons 21.97 8.22 1307 91 to 140 tons 22.12 8.22 1308 141 tons and over 22.88 8.22 Drill Operator: 1309 William MF/Watson 2500 only 21.97 8.22 Grader/Blade: 1310 Rough 21.67 8.22 1311 Finish 21.97 8.22 Loader: 1312 Barber Green, etc., 6 cubic yards and under 21.67 8.22 1313 Over 6 cubic yards 21.82 8.22 Mechanic and/or Welder (Includes heavy duty and combination mechanic and welder): 1314 Mechanic and/or Welder 21.82 8.22 1315 Mechanic/Welder (Heavy duty) 21.97 8.22 1316 Oiler 20.97 8.22 Power Broom: 1317 Under 70 HP 20.97 8.22 1318 70 HP and over 21.67 8.22 Roller (excluding dirt and soil compaction): 1319 Self-propelled, rubber tires under 5 tons 21.32 8.22 1320 Self-propelled, all types over 5 tons 21.67 8.22 Scraper: 1321 Single bowl under 40 cubic yards 21.82 8.22 1322 Single bowl including pups 40 cubic yards and tandem bowls and over 21.97 8.22 1323 Trackhoe 21.82 8.22 -3- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 02-15-08 GENERAL DECISION NUMBERS CO20080014 AND CO20080015, HIGHWAY CONSTRUCTION General Decision No. CO20080014 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod Laborers: Asphalt Laborer/Raker, Common Laborer, 1400 and Concrete Laborer/Mason Tender 16.29 4.25 General Decision No. CO20080014 The wage and fringe benefits listed below do not reflect collectively bargained rates. 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 12.62 3.21 markings) 2007 Traffic Director/Flagger 9.55 3.05 2008 Traffic and Sign Laborer (Sets up barricades and cones, 12.43 3.22 and installs permanent signs) 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 Page is too large to OCR. -4- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 02-15-08 GENERAL DECISION NUMBERS CO20080014 AND CO20080015, HIGHWAY CONSTRUCTION General Decision No. CO20080014 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 (Dirt and soil only) 16.70 3.30 Groundman (Traffic signalization) 2301 Class C 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 2413 Water Truck 14.93 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 CO20080014. -5- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 02-15-08 GENERAL DECISION NUMBERS CO20080014 AND CO20080015. HIGHWAY CONSTRUCTION — General Decision No. CO20080015 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. CO20080015 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod ELECTRICIANS: (Including traffic signal installation) Electrical work $150,000 or less (Alamosa, Archuleta, Baca, 3200 Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, 22.44 10.77 1 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, 26.59 10.90 1 Huerfano, Kiowa, Las Amas, Mineral, Otero, Prowers, Rio ni Grande, and Saguache counties) Electricians (Clear Creek, Eagle, Gilpin, Grand, Jackson, Lake, 3202 Logan, Morgan, Phillips, Sedgwick, Summit, Washington, 28.91 10.33 and Yuma counties) 3203 Electricians (Cheyenne, Elbert, Kit Carson, Lincoln, Park, 26.80 12.00+ 3% and Teller counties) Electricians (Dolores, Garfield, Gunnison, Hinsdale, La Plata, 3204 Moffat, Montezuma, Ouray, Pitkin, Rio Blanco, Routt, San Juan, 28.06 8.76 and San Miguel counties) 3205 Electricians (Delta and Montrose counties) 20.31 8.56 3206 Traffic Signal Installer (Zone 1) 23.83 4.75 + 13.75% 3207 Traffic Signal Installer (Zone 2) 26.83 4.75 + 13.75% 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 -6- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 02-15-08 GENERAL DECISION NUMBERS CO20080014 AND CO20080015, HIGHWAY CONSTRUCTION General Decision No. CO20080015 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 21.67 8.22 3301 Bulldozer 21.67 8.22 Crane: 3302 50 tons and under 21.82 8.22 3303 51 to 90 tons 21.97 8.22 3304 91 to 140 tons 22.12 8.22 3305 141 tons and over 22.88 8.22 3306 Grade Checker 21.82 8.22 Loader: 3307 Barber Green, etc., 6 cubic yards and under 21.67 8.22 3308 Over 6 cubic yards 21.82 8.22 Roller (excluding dirt and soil compaction): 3309 Self-propelled, rubber tires under 5 tons 21.32 8.22 3310 Self-propelled, all types over 5 tons 21.67 8.22 3311 Trackhoe 21.82 8.22 3312 Oiler 20.97 8.22 3313 Water Wagon 21.82 8.22 General Decision No. CO20080015 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 02-15-08 GENERAL DECISION NUMBERS CO20080014 AND CO20080015, HIGHWAY CONSTRUCTION General Decision No. CO20080015 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 12.90 3.07 pavement markings) 4004 Traffic Director/Flagger 9.42 3.21 4005 Traffic/Sign Laborer (Sets up barricades and cones, 12.39 3.20 and installs permanent signs) 4007 Guardrail (Excludes bridgerail) 12.78 3.31 4008 Formwork (Curbs and gutters only) 12.92 4.54 4009 Landscape Laborer (Including irrigation work) 12.21 3.16 Painters: 4100 Spray 17.54 3.52 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 (Dirt and soil only) 16.52 3.13 4204 Grader/Blade 16.39 4.20 Mechanic and or Welder (Includes heavy duty and combination 16.74 4.20 4205 mechanic welder) 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 02-15-08 GENERAL DECISION NUMBERS CO20080014 AND CO20080015, HIGHWAY CONSTRUCTION General Decision No. CO20080015 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. 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 CO20080015. -9- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 02-15-08 GENERAL DECISION NUMBERS CO20080014 AND CO20080015, 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. January 17, 2008 ON THE JOB TRAINING NOTICE This is a standard special provision that revises or modifies CDOT's Standard Specifications for Road and Bridge Construction. It has gone through a formal review and approval process and has been issued by CDOT's Project Development Branch with formal instructions regarding its use on MOT construction projects. It is to be used as written without change. Do not use modified versions of this special provision on MOT construction projects, and do not use this special provision on CDOT projects in a manner other than that specified in the instructions unless such use is first approved by the Standards and Specifications Unit of the Project Development Branch. The instructions for use on MOT construction projects appear below. Other agencies that use the Standard Specifications for Road and Bridge Construction to administer construction projects may use this special provision as appropriate and at their own risk. INSTRUCTIONS FOR USE ON CDOT CONSTRUCTION PROJECTS: Use this standard special provision on all projects. January 17, 2008 t 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 on projects as follows: (a) General Requirements 1. The Contractor shall provide on the job training aimed at developing full journey workers in the type of skilled craft involved. 2. Training and upgrading of minorities and women toward journey worker status are a primary objective of this specification. 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 specification. 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 or utilized as a trainee in any skilled craft 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 on a permanent and regular basis. The intent of the OJT Program is to train unskilled workers into a skilled job; the intent is not to use a previously trained and skilled worker to meet the project training requirements. The Contractor shall satisfy this requirement by including appropriate questions (i.e. Have you ever completed a formal training class in the craft that you are working in? 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. In order to enhance promotion from within the Contractor's unskilled workforce, the Contractor may utilize an unskilled worker as a journey worker in a skilled craft, provided that the worker is paid the required contract journey worker rate. In that event, the trainee will have an opportunity to advance to journey worker status in and/or outside of the OJT program. 4. The minimum length and type of training for each skilled craft 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 (DOL), Bureau of Apprenticeship and Training (BAT). 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 skilled craft 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 will be reviewed by the CDOT Center for Equal Opportunity 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: CDOT Center for Equal Opportunity 4201 East Arkansas Avenue Denver, CO 80222 The following documentation shall be submitted: January 17, 2008 2 ON THE JOB TRAINING A. Evidence of an approved training program. B. A copy of the current applicable approved training program, including a copy of the applicable ratios of trainees/apprentices to journey worker for a project. 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. There will be no reimbursement for offsite training. 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 wage rate and fringe benefit rates will correspond with the applicable minimum wage decision for the project. The minimum trainee wage shall be no less than the wage for the Guardrail Laborer classification as indicated in the appropriate Davis Bacon wage decision. However, if the trainee is in a BAT approved training program, the wage rate should be as described in the current apprenticeship program. 8. All apprentices or trainees that are used to meet the OJT goal and/or for whom the Contractor shall request reimbursement must first be approved by the CDOT Regional Civil Rights Manager before commencing work on the project. The Contractor shall meet the requirements of the FHWA 1273 for all apprentices and trainees. Approval for the apprentice or trainee to begin work on a CDOT project will be based on information from the items listed below, and any additional criteria identified by CDOT in other parts of this specification. A. Evidence of the registration of the trainee or apprentice into the approved training program as submitted by the Contractor or sponsor to the CDOT Center for Equal Opportunity. B. The completed Form 838 for each trainee or apprentice as submitted to the Engineer. C. The Form 838 will be reviewed and approved by the CDOT Regional Civil Rights Manager before reimbursement will be made. 9. Within the first 100 hours of training time completed, the Contractor shall provide each trainee with a review of the approved training program, pay scale, pension and retirement benefits, health and disability benefits, promotional opportunities, and company policies and complaint procedure. The Contractor shall also furnish the trainee a copy of the approved training program. 10. 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 total training hours for each trainee, and the construction phase for training each of the proposed trainees, including the duration, for this specific project. On a monthly basis, the Contractor shall provide to the Engineer a completed On the Job Training Progress Report (Form 832) for each approved trainee or apprentice on the project. The Form 832 will be reviewed and approved by the Engineer before reimbursement will be made on a monthly basis. The Contractor will be reimbursed for each approved apprentice or trainee required by the Department and documented on Form 832, but not more than the OJT Force Account budget unless approved by the Engineer through a Change Order. 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 Form 832 for each approved apprentice or trainee. Progress payments may be withheld until this plan is submitted and approved and may be withheld if the approved plan is not followed. 11. All forms referred to are available from the CDOT Center for Equal Opportunity, through the CDOT Regional Civil Rights Manager, or on CDOT's website at http://www.dot.state.co.us/Bidding/BidForms.htm. January 17, 2008 3 _ ON THE JOB TRAINING 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 Form 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 Form 832 and the corresponding certified _ payrolls. To receive payment, the Forms 838 and 832 shall be completed in full and the Contractor shall be in compliance with all requirements of this specification and the provisions of FHWA 1273. 13. Failure to provide the required training impedes the Department's federal mandate to bring women and minorities into the construction industry. Although precise damages to the program are difficult to calculate, they are, at a minimum, equivalent to the loss to the individuals who were the intended beneficiaries of the program. Therefore, where the Contractor fails to provide the required number of training hours and has failed to establish why the Contractor was unable to do so, the Contractor will be assessed an amount equal to the following damages to be deducted from the final progress payment: A sum representing the number of training hours specified in the Contract, minus the number of training hours worked as certified on Form 832, multiplied by the journey worker hourly wages plus fringe benefits [(A hours — B hours worked) x (C dollar per hour + D fringe benefits)] = Damages Assessed. The journey worker scale is that for the skilled craft identified on the contract's wage decision document. The Engineer will provide the Contractor with a written notice at Final Acceptance of the project informing the Contractor of the noncompliance with this specification which will include a calculation of the damages to be assessed. (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 in addition to the general requirements outlined above in part (a): 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 Form 838. 2. Subcontractor trainees who are enrolled in an approved Program may be used by the Contractor to satisfy the requirements of this specification. 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 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 and shall be utilized in accordance with the applicable training program and as long as meaningful training opportunities exist. It is not required that all trainees be utilized 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 on Form 832 the number of training hours specified in the OJT goal assigned to the project. Reimbursement will be made only for hours worked by an apprentice or trainee who has been approved by the Department to meet the OJT training requirement. 7. The OJT goal for the project will be included in the Project Special Provisions and will be determined by the Regional Civil Rights Manager after considering: .. Page is too large to OCR. January 17, 2008 4 ON THE JOB TRAINING 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: • • • 1 1 • e;os fit. a8� .11 i 11 k� • AS •1 i Alai 1 •11 1� :•i.8 YI .11 • 9. The Contractor shall have fulfilled its responsibilities under this specification if the CDOT Regional Civil Rights Manager has determined that it has provided acceptable number of training hours specified in the Contract in accordance with this specification. (c) Colorado Training Program. If the Contractor has a current approved Colorado Training Program plan, the training shall be provided according to the following in addition to the general requirements outlined in part (a) above when applicable. The Contractor shall comply with the requirements of the Department's procedures as defined in this specification. 2. If the Contractor has an approved Colorado Training Program, then it shall be exempted from the contract OJT goal, but not from the requirement to provide training in accordance with the Contractor's approved training plan. Contractors shall have an approved Colorado Training Program Plan for the calendar year to be able to use this option. Contractors who do not have an approved Colorado Training Program Plan shall comply with the requirements of part (b) of this specification. 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. January 17, 2008 5 ON THE JOB TRAINING 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 CDOT 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 apprentice or trainee required by the Department and documented on Form 832, but not more than the OJT Force Account budget unless approved by the Engineer by Change Order. Of the $4.80 per hour reimbursed to the Contractor, any amount over $0.80 per hour shall be forwarded by the Contractor to the trade or labor organization(s) or other CDOT-approved sponsor through which the Contractor obtains its trainees or apprentices (sponsor) and shall be spent for training and recruitment. The Department will not reimburse for classroom training or training provided on non-CDOT projects. The Contractor shall make every effort to enroll minority and female trainees and apprentices from within the Contractor's workforce and from the community by recruiting through public and private sources likely to yield minority and women trainees to the extent which these recruits are available in the geographic area. 6. 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 specification and the Contractor's approved Colorado Training Program Training Plan. 7. Contractors who are in compliance with the Colorado Training Program will receive hours credit for their trainees whether they work on a COOT or a non-CDOT project. Contractors will be reimbursed by CDOT only for hours worked on CDOT projects. 8. The Contractor shall comply with the affirmative action requirements in their approved Colorado Training Program Plan. 9. The minimum required number of trainees to be employed by the Contractor shall be as shown in the Contractor's approved Colorado Training Program Plan. To be entitled to participate in the Colorado Training Program, the Contractor agrees to a minimum trainee commitment based on the Contractor's average annual dollar amount of contracts with COOT over the last three calendar years. One trainee is required for every four million dollars of contract work with the Department. Please refer to the following table for the number of trainees required. A Contractor or their program sponsor may obtain its three year average by contacting the OJT Manager at the CDOT Center for Equal Opportunity, 303-757-9234. 10. The Contractor shall have fulfilled its responsibilities described in this special provision if it has remained ^ in compliance with the Colorado Training Program during the life of the Contract. April 7, 2006 PARTNERING PROGRAM NOTICE This is a standard special provision that revises or modifies CDOT's Standard Specifications for Road and Bridge Construction. It has gone through a formal review and approval process and has been issued by CDOT's Project Development Branch with formal instructions for its use on CDOT construction projects. It is to be used as written without change. Do not use modified versions of this special provision on CDOT construction projects, and do not use this special provision on CDOT projects in a manner other than that specified in the instructions unless such use is first approved by the Standards and Specifications Unit of the Project Development Branch. The instructions for use on CDOT construction projects appear below. Other agencies which use the Standard Specifications for Road and Bridge Construction to administer construction projects may use this special provision as appropriate and at their own risk. Instructions for use on CDOT construction projects: Use this standard special provision on all projects. The designer should add a Planned Force Account, Item 700-70011, F/A Partnering, to the plans and project special provisions to account for costs associated with the partnering process. April 7, 2006 PARTNERING PROGRAM The Colorado Department of Transportation actively encourages partnering and invites the Contractor and his subcontractors and suppliers to participate in a voluntary partnering agreement for this project. The following information summarizes the partnering process. More information is available through the Resident Engineer listed in the project special provisions. This partnership will be structured to draw on the strengths of each organization to identify and achieve mutual goals. The objectives are effective and efficient Contract performance with reciprocal cooperation, and completion within budget, on schedule, and in accordance with the Contract. This partnership will be bilateral in make-up and all costs associated with this partnership will be agreed _ to by both parties and will be shared equally. The Contractor shall assume full responsibility for all costs associated with partnering during the implementation of the partnering process. CDOT will reimburse the Contractor for the agreed amount. The CDOT Program Engineer or the Resident Engineer will contact the Contractor within ten days after the award of this project to ask if the Contractor wants to implement this partnership initiative. If the Contractor agrees, the Contractor's on -site project manager shall meet with CDOT's Resident Engineer to plan a partnering development and team building workshop. At this planning session, arrangements shall be made to determine the facilitator and the workshop, attendees, agenda, duration, and location. The workshop shall be held prior to the commencement of any major work item and preferably before the preconstruction conference. The following persons shall attend the workshop: CDOT's Resident Engineer, Project Engineer, and key project personnel; the Contractor's on -site project manager and key project supervision personnel; and the subcontractors' key project supervision personnel. The following personnel shall also be invited to attend as needed: project design engineer, key local government personnel, suppliers, design consultants, CDOT maintenance foreman, CDOT environmental manager, key railroad personnel, and key utility personnel. The Contractor and CDOT shall also have Regional or District managers and Corporate or State level managers on the partnering team. Follow-up workshops may be held periodically throughout the duration of the Contract as agreed by the Contractor and the Engineer at the initial workshop. A closeout workshop shall be held to evaluate the effectiveness of the partnership. The establishment of a partnership charter, which identifies the workshop participants' mutual goals on the project, will not change the legal relationship of the parties to the Contract or relieve either party from any terms of the Contract. I August 1, 2005 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS NOTICE This is a standard special provision that revises or modifies CDOT's Standard Specifications for Road and Bridge Construction. It has gone through a formal review and approval process and has been issued by CDOT's Project Development Branch with formal instructions for its use on MOT construction projects. It is to be used as written without change. Do not use modified versions of this special provision on MOT construction projects, and do not use this special provision on MOT projects in a manner other than that specified in the instructions unless such use is first approved by the Standards and Specifications Unit of the Project Development Branch. The instructions for use on MOT construction projects appear below. Other agencies which use the Standard Specifications for Road and Bridge Construction to administer construction projects may use this special provision as appropriate and at their own risk. Instructions for use on CDOT construction projects: Use this standard special provision on federal aid projects. August 1,2005 1 _ REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts. August 1, 2005 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FH WA-1273 Electronic version — Mara 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Page I. General.........................................................1 II. Nondiscrimination............................................1 III. Nonsegrated Facilities......................................3 IV. Payment of Predetermined Minimum Wage .......... 3 V. Statements and Payrolls...................................6 VI. Record of Materials, Supplies, and Labor.............6 VII. GeneralSubletting or Assigning the Contract ... ...... 7 Vill. Safety: Accident Prevention...............................7 IX. False Statements Concerning Highway Projects. ..7 X. Implementation of Clean Air Act and Federal Water Pollution Control Act................................8 A. 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 Cause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, posses- sion, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. It. 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, miss, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 at seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO 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. August 1, 2005 3 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 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 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. 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 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, 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 August 1, 2005 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 BHA 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 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(bx2) 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. August 1, 2005 5 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 addifional 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 rase equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secre- tary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman - level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any appren- tice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (ex- pressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the 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 Page is too large to OCR. August 1, 2005 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 joumeyman-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 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. August 1,2005 7 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(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appala- chian contracts, the payroll records shall contain a notation indicat- ing whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029- 005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the 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. 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 1b relative to matedals 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. August 1, 2005 8 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: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false represen- tation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre- sentation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 21, 1916, (39 Stat. 355), as amended and supple- mented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 at sec., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 at 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. 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 August 1,2005 9 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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 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. 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 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 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 lb of this certification; and d. Have not within a 3-year period preceding this applica- tion/proposal had one or more public transactions (Federal, State or local) terminated for cause or 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 fier 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 August 1, 2005 10 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 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. 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 (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. COLORADO DEPARTMENT OF TRANSPORTATION CONTRACTORS PERFORMANCE CAPABILITY STATEMENT Project# J 1. List names of partnerships or joint ventures 0 none J 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 J b. Key equipment changes p none J c. Fiscal capability changes (legal actions, etc.) [] none J J d. Other changes that may effect the contractors ability to perform work. p none J J J 1 DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND 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 pOua im, COLORADO DEPARTMENT OF TRANSPORTATION ASSIGNMENT OF ANTITRUST PROJECT NO. 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: I 1. Contractor hereby irrevocably assigns to CDOT any and all claims it may now have or which may hereafter I 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. Contractor's firm or company name By Oate Title 2ntl contractor's firm or company name. (If joint venture.) By Date Title CDOT Form M21 12J91 COLORADO DEPARTMENT OF TRANSPORTATION Project No.: CERTIFICATE OF PROPOSED UNDERUTILIZED DBE (UDBE) Project Code (SA#): PARTICIPATION Location: Form #: 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 - Definitons 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.) PORT is — R1IRCANTRACT ^ ELIGIBLE UDBE SUBCONTRACT NAME OF UDBE FIRM TIER CERTIFICATION # EXPIRATION DATE AMOUNT ACTUAL CONTRACT AMOUNT ITEMS OF WORK SUBCONTRACTED: PART I - SUPPLY CONTRACT If the supplier is a UDBE "Manufacturer" of the item(s): • ACTUAL UDBE AMOUNT = Entire expenditure for materials and supplies includinJco del vvided by the firm ELIGIBLE UDBE SUPPLY AMOUNT = I (ACTUAL UDBE AMOUNT) X 100%�If the supplier is a UDBE "Regular Dealet' of the item(s): ACTUAL UDBE AMOUNT = Entire expenditure for materials and su 'e any slivery services provided by the firm • ELIGIBLE UDBE SUPPLY AMOUNT = I (ACTUAL UDBE AMO If the supplier is neither a "Manufacturer" nor a "Regular De s A I — SERVICE / BROKER CONTRACT. NAME OF UDBE FIRM CERTIF,A I ACTUAL UDBE ELIGIBLE UDBE SUPPLY e Nn11NT au niNT / MATERIALS SUPPLIED: DART 4, — C t / RDnWFR rnNITRArT Transportation service aulfng) fees/commissions are to be counted toward contract goals in this section (provided the trucker is NOT classified as a "Manufacturer' or a "Regular Dealer' for the materials supplied). Examples of other services to include in this section would be brokering, bonding, consulting, security guards, and insurance. For a UDBE "Service/Broker Contract": • ACTUAL UDBE AMOUNT = Entire expenditure for services rendered including cost of any materials/supplies provided by the firm ELIGIBLE UDBE SERVICE FEE AMOUNT = I (ACTUAL UDBE AMOUNT) — (Cost of any materials and supplies) ] (NOTE: The amounts that count toward UDBE goals are limited to the compensation retained by the UDBE broker/agent for services rendered, provided the 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 # I EXPIRATION DATE I ACTUAL UDBE ELIGIBLE UDBE SERVICE FEE 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 contract goals from prior sheets/forms? B> C) What is the accumulative value of proposed subcontracts that are eligible for counting towards contract goals? C> C=[A + B] D) What is the original contract bid total? p> E) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs? E = [ (C -1 D) X 100 ] k%O PART 3 — PRIME CONTRACTOR ON I certify that: • my company has met the contracted UDBE goals or In t e DOT Form #718, DBE Good Faith Effort Documentation. i ti • my company has accepted a proposal from h D u ed above. • my company has notified the proposed c f ontracted UDBE commitment. • my company's use of the propose s he items of work listed above is a condition of the contract award. • my company will invite the pr s b a to attend the preconstruction conference. • my company will not us a s subc rector for the proposed UDBE subcontractor's failure to perform under a fully executed subc ny complies with the definitions and requirements section of the DBE Special Provisions. • I understa a to wit the information shown on this form will be considered grounds for contract termination. I declare under p ty n the second degree, and any other applicable state or federal laws, that the statements made on this doc true and complete to the best of my knowledge. Prime Contractor Name: I Date: Officer Signature and Title: SAM.-jll"llra]►6y Prime Contractor: 1. An officer of the contractors) 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, 1b, OR 1c) 4. Complete ALL sections of Part 2 and Part 3 5. Submit a separate COOT Form #715 for EACH proposed UDBE. editions may 6. Retain a photocopy for your records. 7. Send original to: Colorado Department of Transportation Business Programs Office 4201 E. Arkansas Ave. Denver, Colorado 80222 FAX: (303) 757-9019 PAGE VAF1 COLORADO DEPARTMENT OF TRANSPORTATION UNDERUTILIZED DBE GOOD FAITH EFFORT DOCUMENTATION Project Location The Contractor who is the apparent low bidder on a CDOT construction project and has failed to meet the Underutilized UBE (Wbt) 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. It. For each subcontract item identified work and function codes match the typ capable of performing identified subcol telephone log of calls, including l tt e mail, provide copies of Iettas to subcontracted, and the qtd datd LdEt be available to bidders; the Cor... ct, Submit a detailed exP6 ation address { dCf by)rlall AX aik7%or telephone a minimum of two currently CDOT-certified UDBEs whose Vwtfi4;reing so11{ited. For projects in areas of the state where there are more than two Es ct ito, 5' contact at leasi two thirds of those UDBEs. If soliciting by telephone, provide a soi,ssian, date, time, name of person contacted, and the response received. If soliciting by ir responses. Letters and FAXes must specifically identify the project, the items to be nd`FAXes must provide an address and phone number where specific quantities or details will all provide sufficient time to allow the UDBEs to participate effectively in the bidding process. failure to provide any of the above. J Original -Business Programs office, Previous editions are obsolete and may not ae usea coo i corm wt io Page is too large to OCR. 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 Iitems 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 IWhen 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 Imay 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 I GOALS ESTABLISHED BY CDOT IS REQUIRED THROUGHOUT THE PERFORMANCE OF THE CONTRACT Company Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. DAM ACORD CERTIFICATE OF LIABILITY INSURANCE 6/3/2008 ' PRODUCER (303)824-6600, Fax(303)370-0118 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Moody Insurance Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3773 Cherry Creek North Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 800 Denver CO 802093804 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Bitursinous Casualty Corp Mountain Constructors, Inc. INSURER B: Pinnacol Assurance PO BOX 405 INSURER C'. 'SURER D: Platteville CO 80651 INSURER E. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AQ RARD LIMITS V HAVE BEE q REDUCED By PAID CLAIMS INBR TR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDM POLICY EXPIRATION DATE MMIDD/YY LIMITS GENERAL LIABILITY CLP3244453 07/28/2007 07/28/2008 EACH OCCURRENCE $ 1,000,000 PREMIES eorrence $ 100,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Anyone arson $ 5,000 A CLAIMS MADE OCCUR PERSONAL RY 1 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - CONNORA $ 2,000,000 X POLICY PROT LOC JF AUTOMOBILE X LIABILITY ANY AUTO CAP3514793 07/28/2007 07/28/2008 COMBINED SINGLE LIMIT (En eC dent) 4 1,000,000 BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Peracaden0 $ HIR ED AUTOS NON-OWNEDAUTOS PROPERTY DAMAGE (Per acddenp $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY'. A G EXCESSIUMBRELU LIABILITY C"P2581702 07/28/2007 07/28/2008 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 21000,000 X OCCUR CLAIMS MADE E $ A DEDUCTIBLE S X RETENTION $10,00D B WORKERS COMPENSATION AND 3027994 07/01/2007 07/01/2008 y I W TATT GTH- E.L. EACH ACCIDENT $ 1,000,000 EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE . EA EMPLOYEE S 1,000,000 OFFIOERIMEMBER EXCLUDED? EL DISEASE -POLICY LIMIT $ 1,000,000 If yea, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONSILOCATIONWEHICLEWEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: 6100 US 287/South College Avenue Bike Lanes City of Port Collins is named as Additional Insured as respects General Liability per attached form GL4276 09/03. A 10-day notice of cancellation will apply in the event of non-payment of premium. This certificate is subject to the terms, conditions, and exclusions of the policies. --City of Fort Collins 215 North Mason Street Fort Collins, CO 80524 ACORD 25 (2001/08) INCM4,mnm na.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO BO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE (Charlene Navarra, CAo,_II CACORD CORPORATION 1988 .—I MI tl i176] irk ITi If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 INS025 (oioe).oea —'. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART �. SECTION II " WHO IS AN INSURED is amended to include: Any "owner", "contractor', 'eonstrucdon manager", "engineer" or 'architect" if it Is required in your written contract or written agreement executed by you and all other parties to the contract or agreement prior to any loss that such parson(s) or organizetion(s) be added as an additional Insured on your policy but only for the project designated In your written contract or written agreement and only with respect to "bodily Injury," "property damage" or "personal and advertising Injury" caused, at least In part, by your negligence and with respect to liability resulting from: A, Your ongoing operations for the additional Insured(s), or B. Acts or omissions of the additional Insured(s) In connection with their general supervision of such operations. With respect to the Insurance afforded such additional Insureds pursuant to this endorsement and the above referenced General Liability Form, the following additional provisions apply to limit that coverage: 1. We will have no duty to defend the additional insured against any "suit" seeking damages for "bodily Injury," "property damage" or "personal and advertising Injury," until we receive written nofice from the additional Insured requesting that we defend it In the "suit." 2. The Limits of Insurance applicable to the additional Insureds under this endorsement ere those speed In the written contract or agreement requiring this coverage, or as stated in SECTION III" LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, whichever are less. These Limits of Insurance are inclusive of and not In addition to the Limits of Insurance described in SECTION III of that form. 3. As additional conditions of coverage under this form, an additional Insured under this endorsement will as soon as practicable: a. Give written notice to us of an 'occurrence" or an offense which may result In a claim. This shall include: (1) How, when and where the "occurrence" or offense took place'. (2) The names and addresses of any Injured persons and witnesses; and ' (3) The nature and location of any injury or damage arising out of the "occurrence" 2 or offense. b. Give written notice to us of a claim or "sult" brought against the additional insured including specifics of the claim or "suit" and the date it was received. c. Give written notice of such claim or "suit," including a demand for defense and indemnity, to any other insurer who had coverage for the claim or "sun" under its poticy(ies), either at the time of, or at any time subsequent to the occurrence of the GL-4276 (09103) -1- TZ'd .6060 SSG 202 3DNU619N1 SrX)N1Wn.LIa 9T:ZT 9002—£Z—Wr "bodily injury," "property damage" andlor the offense causing the "personal and advertising injury," which Is the basis for such claims or "suit'. (1) Such notlication must demand the full coverage available under that policy; and _ (2) The additional Insured shall not take any action to welve or limit such other coverage available to it, 4. This Insurance does not apply to: a. "Bodily injury" "property damage" or "personal and advertising Injury' occurring after: (1) All work on the project (other then service, maintenance, or repairs) to be performed by or on behalf of the additional Insured(s) has been completed; or (2) That portion of "your work" out of which the Injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in porfomdng operations for a principal as a pert of the some project. It. "Bodily Injury' "pmperty damage" or 'personal and advertising injury' resulting from any ad or omission of the additional insured(s) or any of their employees, other then the general supervision of work performed for the additional insured(s) by you. a. "Bodily InWu property damage" or "personal and advertising Injury" resulting from ^ work performed on a project where other valid and collectible insurance Is available to the additional insured under an Owner Controlled Insurance Program or consolidated (wrap-up)Insuranae Program. _ d. "Bodiy Injury," "property damage" or "personal and advertising Injury": (1) Arising out of the rendering or failure to render any professional services by _ any Insured, or on their behalf. but only with respect to either or both of the following operations; (a) Providing englneering, architectural or surveying services to others in _ the insured's capacity as an engineer, architect or surveyor, and (b) Providing, or hiring Independent professionals to provide, engineering, architectural or surveying services in connection with _ work the insured performs. (2) Subject to paragraph (3) below, professional services Includes (a) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory or inspection activities performed as part of any related architectural or engineering activities, but does not Include the general supervision of your operations on such pro)ed. (3) Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operetlons as a construction contractor. aL-4276 (09103) -2- ZZ'd' 8000 MG £0£ 39NU8-ISNI SnDNIWfllIa LT:ZT 900Z-£Z-Nnf For the purpose of this endorsement, the following definitions are added Owner' means a person or organization who has ownership In the project premises designated In your written contract or written agreement at which you are performing operations at "Contractor" means a person or organization with whom you have agreed in a written contract or written agreement to perform operations for at the project designated in the written contract or written agreement. Constnrehon Manager" means a person or organization designated as construction managar in your written contract or written agreement, and has management or supervisory responsibilities over your operations for the project designated in your written contract or written agreement Englneer means a person or organization who has been engaged by the owner contractor or "construction manager" to perform engineering services for the project designated In your written contract or written agreement and has a contractual responsibility for supervising directing or controlling your operations on such project. Architect means a person or organization who has been engaged by the "owner "contractor or construction manager to perform architectural services for the project designated In your written contract or written agreement and has a contractual responsibility for supervising directing or controlling your operations on such protect Any coverage provided herein will be excess over any other valid and collectable insurance available to the additional Insured(s) whether primary, excess contingent or on any other basis unless you have agreed in a written contract or written agreement executed prior to any loss that this insurance will be primary However, any Insurance specifically purchased for a designated project(s) Including but not limited to specific additional Insured coverage, owners contractors protective coverage, ate, will be primary with this insurance being excess This insurance will he noncontributory only if you have so agreed in a written contract or written agreement executed prior to any loss and this coverage is determined to be primary GL-4276 (09103) -3- £Z d BOW S(36 £0£ 3JNUBMN1 Sn10NIWn.Ll E1 LT ZS 900Z-£Z-NrW SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE 6100 US 287/South College Avenue Bike Lanes PROJECT OR SPECIFIED PART SHALL LOCATION Fort Collins, Colorado INCLUDE OWNER City of Fort Collins CONTRACTOR Mountain Constructors, Inc CONTRACT DATE June 2, 2008 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 Is CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12 01 a m , on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under Remarks below CITY OF FORT COLLINS, COLORADO By OWNER REMARKS AUTHORIZED REPRESENTATIVE DATE Rev 10/20/07 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO Mountain Constructors, Inc Gentlemen 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, 6100 US 287/South College Avenue Bike Lanes 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 June 2, 2008 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date 20 Sincerely, OWNER City of Fort Collins By Title ATTEST Title Rev 10/20/07 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO City of Fort Collins, Colorado (OWNER) FROM Mountain Constructors, Inc (CONTRACTOR) PROJECT 6100 US 287/South College Avenue Bike Lanes 1 The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project 2 In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U S C A 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project 3 The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project 4 The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys Rev 10/20/07 Section 00650 Page 1 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 , 20 CONTRACTOR 0 Title ATTEST Secretary STATE OF COLORADO ) )ss COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 , by Witness my hand and official seal My Commission Expires Notary Public Rev 10/20/07 Section 00650 Page 2 Page is too large to OCR. SECTION 00660 CONSENT OF SURETY TO City of Fort Collins, Colorado (hereinafter referred to as the 'OWNER") CONTRACTOR Mountain Constructors, Inc PROJECT 6100 US 287/South College Avenue Bike Lanes CONTRACT DATE June 2, 2008 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) M ATTACH Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact Rev 10/20/07 Section 00660 Page 1 DR 0172 (12198) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232 2416 SErTION nn670 6 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26 114(1)(a)(XIX) DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below This exemption does not Include or apply to the purchase or rental of equipment supplies and materials which are purchased rented or consumed by the contractor and which do not become part of the structure highway road street or other public works owned and used by the exempt organization Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law A separate certificate is required for each contract Subcontractors will not be issued Certificates of Exemption by the Department of Revenue It is the responsibility of the prime contractor to issue certificates to each of the subcontractors (See reverse side) FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED Registration/Account No (to be assigned by DOR) 89 - Period 0170-750 (999) $0 00 CONTRACTOR INFORMATION Trade name/DBA Owner partner or corporate name Mailing address (City State Zip) Contact Person E Mail address Federal Employers Identification Number Bid amount for your contract $ Fax Number ( ) Business telephone number Colorado withholding tax account number Copies of contract or agreement pages (1) identifying the contracting EXEMPTION INFORMATION Parties and (2) containing signatures of contracting parties must be attached Name of exempt organization (as shown on contract) Exempt organization s number 98 - Address of exempt organization (City State Zip) Principal contact at exempt organization Principal contacts telephone number Physical location of project site (give actual address when applicable and Cities and/or County Iles) where project is located) Scheduled Month Day Year Month Day Year construction start date =ated completion date l declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge Signature of owner partner or corporate officer Title of corporate officer Date UU NU1 WK11E BELUW'1HIS 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 exemption to subcontractors Only prime contractors will receive a Contractors Exemption Certificate on exempt projects Upon receipt of the Certificate the prime contractor should make a copy for each subcontractor involved in the protect and complete it by filling in the subcontractors 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 contractors 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 protects 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 succeeding 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 Paqe 2 Section 00670 Page 3 COLORADO DEPARTMENT OF TRANSPORTATION CONTRACTORS PERFORMANCE CAPABILITY STATEMENT Project# STE My55 t�(.3 1 List names of partnerships or joint ventures none 2 List decreases in the contractors fiscal or workmanship qualifications compared to the last prequaltfication statement submitted to CDOT (Attach additional sheets if necessary) a Key personnel changes 19 none b Key equipment changes X none c Fiscal capability changes (legal actions etc) none d Other changes that may effect the contractors ability to perform work ,N none I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGRE D AN OTH APPLICABLE STATE OR FEDERAL LAWS THAT THE STATEMENTS MADE ON THIS DO M TA T E AND CORRECT TO THE BEST OF MY KNOWLEDGE , Contractor s firm or company name By Date Motif,+l,,t, LA1TS+rrx�CTrnJt Tnle 13 q)Dpp 2ntl Contractor s firm or company name (rftomt venture) By t entt Date Title CDOT Form #605 1192 COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO ANTI -COLLUSION AFFIDAVIT ST �OL 3 LOCATION U5 491 lS Go11e,%e_ Ave & ke L-Ar, e5 I hereby attest that I am the person responsible within my firm for the final decision as to the prioe(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 restnct rig 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 38 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 petitjve 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 firms 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 A OF MY KNOWLEDGE / OTHER APPLICABLE STATE OR FEDERAL LAWS THAT THE STATEMENTS MADE ON THIS DOCUMENT A /E AND COMPLETE TO THE BEST i/ r contractor's fine or company name By Dete 11 f� 5� t3 o g MOtk11TQt T1 �TlS�rir\C�T�T"j r —..1-nc Title IL e5(d Intl conirectors firm or company name (Hjdnt wnWVt CGe re) qv _ Tire Sworn to before me this day of M0.y 20 O$ Notary ubbc My commission " 11,16PIE This document must be signed In Ink COOT Form H9afi 1/a2 COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO ASSIGNMENT OF ANTITRUST CLAIMS Sty 1A,15s oc.s 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 That upon becoming aware that a third party has commenced a civil action asserting on Contractors 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 To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder and Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on Contractors behalf by any third party and which claim has been assigned to CDOT hereunder 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 subcontractors oblige tions to Contractor b Upon becoming aware that a third party has commenced a civil action on the subcontractors behalf asserting an antitrust claim which has been assigned to 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 subcontractors 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 M 1 r 5 13 o 1 " \��i1T Q1 Y� � I\S�� i1. C.��('s �yilL Ttle vice. "-Dr k-- C contractor's firm or mmpeny name (1110 nt vent e) av _ CWT Fo m p621 1L 1 CERTIFICATE OF PROPOSED UNDERUTILIZED DBE (UDBE) PARTICIPATION Project No 57F M455 - Project Code (SA#) JI•f 3& 3 Location -� 5 38� S Go\\ESE Form* k of tuy'06110 �111ce pnbtrucoons on second page) The Eligible UDBE Amounts submitted on this form must equal or exceed the commitment(s) documented on the CDOT Form 714 you submitted with your bid For the complete list of certified DBE/UDBE firms and their DBE work codes go to http //www dot state co us/app uco/ --- - v •-w _,lu -_ — ummnrun� aria mequvemems in me Standard Special Provisions for further information concerning counting DBE participation of truckers subcontractors suppliers and service providers toward the projects UDBE goal PART 1a—TRI ICKIN11. RnNTDAf%T If the UDBE is being used as a trucker for one or more "trucking DBE work codes (25500 25505 etc ) then ACTUAL UDBE AMOUNT = Actual contract amount for the transoortation services provided by the UDBE fine and any UDBE lessees ELIGIBLE UDBE TRUCKING AMOUNT= I (ACTUAL UDBE AMOUNT) - (Any non-UDBE lessee amounts in this contract)* I * For work done on this UDBE contract with non UDBE lessees credit toward the project UDBE goal is given only for the broker fees or commissions the UDBE trucker receives for arranging the transportations services because the services themselves are being performed by non UDBEs NAME OF UDBE FIRM CERTIFICATION It EXPIRATION DATE ELIGIBLE UDBE TRUCKING AMOUNT $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR Complete list of work codes is at http lAvww dot state co us/app ucpi Irml&\aal11.2Q 111I-1a 1101011■.'I9 awl ELIGIBLE UDBE SUBCONTRACTAMOUNT I (Actual UDBE contract amount) -(Any non UDBE Joweir tier amounts in this contract)* * Work that a UDBE subcontracts to a lower tier non UDBE firm does not count toward theyroject UDBE goal NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE 'ELIGIBLE UDBE SUBCONTRACT AMOUNT i l IOCosJ /�)(3S $ i73,g53 B•o DBE WORie CODE NUMBER(S) THIS UDBE IS BE!NG`USEDFDR Complete list of work codes is at httpJAvww dot state= Irs/pppiVW IrL1 �\ aal l.>Q�PI J J as aaa\ •1 Oak rI aQ aH aaaae If the supplier Is a UDBE with a"" Aeldof Manufacturer' for the item(s) ELIGIBLE UDBE fSUP P1VAMOUNT=iJAetuat UDBE contract amount) X 100% If the supplier is a ODBE with a Type field of Regular Dealer for the item(s) ELIGIBLE UDBE SUPPLy AMOUNT = I (Actual UDBE contract amount) X 60% NOTE If the supplier Is.e (JOBE with a'Type field of Broke for the item(s) use PART 1d -BROKER / SERVICE CONTRACT NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE SUPPLY AMOUNT $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR Complete list of work codes is at http /Avww dot state co us1app ucp/ If purchasing matenals or supplies through a UDBE with a Type field of Broke t count only the amount of brokerage commission and/or delivery service fees Included in the contract Other examples of services to include in this section bonding are brokering consulting security guards and insurance etc ELIGIBLE UDBE SERVICE FEEAMOUNT= Actual compensation retained by the UDBE broker/agent for services rendered* * 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 # I EXPIRATION DATE ELIGIBLE UDBE SERVICE FEE AMOUNT DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR Complete list of work codes is at http✓Avww dot state co us/app_ucpl :] Original - Business Pro pff grams Ice Previous editions may not be used CDOT Form 715 - Page 1 of 2 1/06 PART 2 — UDBE PARTICIPATION SUMMARY A) What is the total dollar value of this proposed trucking subcontract supply OR broker/service contract that is eligible for counting toward contract goals? A = [ TOTAL FROM ELIGIBLE COLUMNS IN PART 1 ] A> $ 7a q5 a Sc�) NOTE Provide in actual subcontractor dollars and not prime contract prices 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 contractgoalsA C> $ 73 R53 80 C [ + B ) D) What is the original contract bid total? D> $ E) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs? E=[(C + D) X 100] E> % PAK I s — UUbh UUNFIKMATION I confirm that my company is participating in this contract as documented in the Prime Coptracfar s commitment(s) in PART 1 of this form Only the value of the work tha!py company Is actually performing is being counted on this form UDBE Firm Name Date UDBE Representative Signature and Title r' � I A i /0 O PAK] 4 — PRIME • my company has met the contracted UDBE goalskor has submitted a completed CDOT Form #718 • my company has accepted a�roposalfrojn the UDBE named above • my company has nPtifiedre p*d UDBE of the contracted UDBE commitment • my comparyhas�ensuredhate proposed UDBE has signed PART 3 of this form • my company's use of the proposed UDBE for the items of work listed above is a condition of the contract award • my company will iffirit"e proposed UDBE to attend the preconstruction conference • my compailywillinot use a substitute UDBE for the proposed UDBE s failure to perform under a fully executed subcontract unless my company complies with the definitions and requirements section of the DBE Special Provisions • 1 understand that failure to comply with the information shown on this form will be considered grounds for contract termination I declare under penalty of perjury In the second 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 knowledae Prime Contractor Name MDR ,, � 5k/r ��{ or S , Z r g Date Officer Signature and Title / t /t r—e— hiJiVA Prime Contractor 1 An officer of the contractor(s) must complete this form 7 Retain a photocopy for your records 2 Include only DBE firms which meet the underutilized criteria in 8 Send original to the contract goal specification for this project (i a UDBE firms) Colorado Department of Transportation 3 Complete only relevant section(s) for PART 1 Business Programs Office 4 Ensure that the proposed UDBE has signed PART 3 of this form 4201 E Arkansas Ave 5 Complete ALL sections of PART 2 and PART 4 Denver Colorado 80222 6 Submit a separate CDOT Form #715 for EACH proposed UDBE FAX (303) 757 9019 may not ADDENDUM No 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid 6100 US 287/South College Avenue Bike Lanes OPENING DATE 3 00 P M (Our Clock) May 12 2008 To all prospective bidders under the specifications and contract documents described above the following changes are hereby made PREBID MEETING May 2 2008 10 00 a m CHANGE LOCATION 281 N College Rooms B C and D Please contact John D Stephen CPPO CPPB Senior Buyer at (970) 221-6777 with any questions regarding this addendum RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED where renewal is a way of life Page is too large to OCR. GENERAL CONDITIONS CONSTRUCTION CONTRACT These GENERAL CONDITIONS have heft developed by wing the STANDARD GENERAL CONDITIONS Or THE CONSTRUCTION CONTRACT prepared by the Engineers Joint 0ontract Documents Committee, EJMNo. 1910-8 (1990 Edition), ma base Charigosto that document are shovvn by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wiTH CITY OF FOKI'COLLINS MODIFICATIONS (REV 9/99) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Pagc Article or Paragraph Page Number &Title Number Number &Title Number L. DEFINITIONS..,,_:,.,,,. ..._........ ___ ............... .1 2. PRELIMINARY MATTERS : ..........:. ._......3. I.i Addenda.. ............... 1 2.1. Deliver of 13and.4: 1.2 Agreement . .......... ........... ,...... ....:.J 2.2 Copies of Documents..... ........3 13 Application for payment.. ,. 1 23 Ommencement of Contract 1.4. Asbestos., ____ ...... Timm; Notice toProceed ..... .......3. 1.5 Bid,,,,„ ..............1 2.4 Starting the World, „ L6 Bidding Documents... .......1 25-2 7 Before Snorting Constroctiat, 1.7 Bidding Requirements. ,,,, ,,,.,1 CONTRACTORsResponsibility 1.9 Bonds,., .....a to Report; Prelim hasty Schediles; 1.9 Change Qrder , .,.._. 1 Delivery of Certificates of 1.10 Contract Documents.. .. _.........1 Insurance 1.11 Contract Price .....,.. ..............I 2.8 PreconstruetionConfererrce.,.,.... ....A 1.12 Contract nes......... _.,..__.......,_t 29 Initially Acceptable Schedul........... 4 1.13 CONTRACTOR........:.........................i 1.14 defective ........ ...............1 3. CONTRACT DOCUMENTS: INTENT, 1,13 Drawings. .... ..... ........................ ....? AMENDING, RE.USE,,, ....... ........ ...:............... . 4 1A6 Motive Date of the Agreement .. ...... _1 '33-3.2 Intent ....... ... ......__._.. ... .. A 1.17 ENGINEER ......... .................. ] 3:3 Reference to Standards and.Spoci- 1.18 ENGINEER's Consultant. ____ ... _.-I fications of Technical Societies; 1,19 field Order ...... ............... ........ .....,....... I Reporting and Resolving Dis- 1.20 General Requirements ...............2 creponeie9 4-.5 1,21 Hizardous.Waste ....... ._.. ._....2 3.4 Intent of Certain Terms or 1,22a Lam and Regulofions, Lam or Adjectives Regulations ................. _....__....... ....2 3.5 ................. ....5 ................ Amending .Cintrect.Docwmnts... 1,22.b :Legal Holidays ................... 2 3.6 .... Supplementing Contract .5. L23 .......... Liens ....... .......... ...... ; 2 Documents-; ........ 1,24 Nilcstone............. ............. _ ... _.__..2 3.7 Rouse of Documents_ ..... ... .......... .S 125 :Notice ..ofAward_ - ..... .... . ...... 1,26 Notice to Proceed.................................2 4. AVAILABILITY OF LANDS;. 1.27 OWNER . ............ . ......._2 SUBSURFACE AND P14YSICf1I.CONDITIONS; 1,28 Partia3Utflization....... .._.............. ....... 2 REFBRENCEPOINTS. ... _.... ....... ................ ...... ..5. 1.29 PCBs .............__.„:....................,.......« 4.1 Availability of Lands ............. ....... 5.6 1,30 Petroleum....._ ..............__.....__..._._.? 4.2 Subsurface and Physical 1,31 Project..,.._..._ ...................... _......_ ' Conditions__... ..... ........6 1,32.a Radioactive Material, ..... 4.1l Repots and Drawings ............ ,......... § L32.b Regular Working Hours .... 2 4.2.2 LimitedReliance byCONTRAC- 1.33 „__. Resident. Project Representative ..... .......2 TOR Authorized; Technical 1.34 Samples:..........................._................2 Data...., ..... ....... ......... ............... .._6 1,35 Shop:Drawings, 4,23 Notice of Differing Subsurface 1.36 ._....... .......__. Specifications......................................2 ....... _2 or Physical Conditions .................. §. 1.37 Subcontractor ........ ............... ........._...2 4.2.4 ENGINEER'sReview........ ............... 0 138 SubstantialCompletion-_. 42.5 Possible Contract Documents 1.39 Supplementary Conditions ..................' Change ................. ..... ___ .... .... .... 6 1.40 Supplier,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2 4.2,6 Possible Price and. Timm 1.41 Underground .Facilities, .... .......... .......2-3 Adjustmems..._.......................... C�7 1.42 Unit Price Work ... .... ...... ........_..... ... ,, 3 43 Physical Conditions--Undergromd 1.43 Work..................................................3 Facilities ..................... ........... .......7 1,44 Work Change :I-Areoive..... ........ ._.....,. 3 4.3.1 Shown or Indicated ... ....__.......... .... 7 1,45 Written Amendment,_......,..._.-..........5 4.3.2. Not Shown or Indicated 7 4A Reference Points.... 7 E1CDC t1CXM A1. CONDITIONS 1910.8 (1990 EDITION) n9 QTY OF FORT COLUNSMODIFICATIONS MEY 91") Article or Paragraph Number & Title Page Article or Paragraph page Number Nuinber &TitIc Number 45 Asbestos, PCBS, Petroleum, Hazardous Waste or Radioactive Material .......... ......... 7-8 3. BONDS AND INSURANCE................................. S 5.1-5.2 Performance. Payment and Other Bonds .............. 53 Licensed Sureties and Insurers; Certificates of Insurance .................... . 8 54 CONTRACTOR's Liability Insurance ..........................................9 5.5 OWNER's Liability hisumnce__ ... __9 5.6 Property Insurance.,,.._..._ ... _ ........ "0 5,7 Boiler and Machinery or Addi- tional Property Insurance....._......... 10 3's Notice of Cancellation proiSiont, 10 5.9 CONTRACTOWs Responsibility fbr Deductible Amounts ................... 10 5.10 Other Special Insurarice. 10 5.11 Waiver of Rights ... ........ It 5. 12-5-13 Receipt and Application of Insurance Proceeds ..................... . 10-11 514 Acceptance of Bands and Tnsw- 1111M Option to Replace ' ............. I I 5.13 Partial Utilization --Property Insurance............__._ ................... 11 6 OONTRAcrotz,s RESPONSIBILITIES ............... 11 61.6 2 Supervision and Superintendeneq ... ... 11 6.3-&5 tabor, Materials and Equipment,.. 11-12 6.6 Progress Schedule,__.......................12 6.7 Substitutes and 'Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINFER's Evaluation 12-13 68-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights..-... ... ... _ .... JI-14 6.12 Patent Fees and Royalties .................. _1 4 6.13 Permits........ 6,14 Laws and Regulations, 14 6.15 Taxes_.__.___ ... ....... .... ....... 14-15 6.16 Use of Premises _ . .. ...... 15 617 Site Cleanliness.. ..... 1.5 618 Safe Structural Loading_ ...................15 619 Record Documents......._,. 15 6.20 Safety and protection . ... 15-16 6.21 Safety Representative...... ...,_..16 622 fls7md Communication Programs_,,.,. 16 6.23 Emergencies,._...._......_..._ .. .... 16 6.24 Shop Drawings And Sample,*_ , ........... I( 6.25 Submittal Proceeslures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal ........... ............. _16 6.2 26 Shop Drawing & Sample Submit- tals Review by ENGMER ...... 16-17 6.27 Responsibility for Variations From Contract Documenta, ........... 17 6,28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals.........._..._.... .............17 629 Continuing the Work..................... 17 6.30 CONTRACTOR's General Warranty and Guarantee.,___..._.. 17 6,31.6.33 Indemnification ......... ... 17-18 634 Survival of Obligations ................. 38 T DIM WORK . ........................................... . _JS 73-7.3 Related Work at Site ....................IS 7A Coordination........_..._.....__......._ IS 8. OWNER'S RESPONSIBILITIES .........................18 8.1 Communications to CON- TRACTOR._............. ............... 18 8.2 Replacement ofENGINEER.,........, 18 93 Furnish Data andPay Promptly When Due ..................................18 SA Lands and Easements; Reports and Tests 8.5 Insurance 19 8.6 Change Ordtrs, .... . .... ....... . _19 8.7 Inspections, Tests and Approvals ................................... 19 8,8 Stop or Suspend Work, Terminate CONTRACTOR's Services,......__ ......... .......... ...... 19 8.9 Limitations on OWNER'S Responsibilities.._,.... _..... ........... 19 8,10 Asbestos, "s, Petroleum, Hazardous Waste or Radioactive Material 9 8.11 Evidence of Firancii] Arrangements .. ... .. .............19 ENGINEERS STATUS DURING CONSTRUCTION___ .-.19 9.1 OWNER'S Representative_,,,,,,,,,,,,, 19 9.2 Visits to Site. 19 9.3 Project Representative--'....,,_, 19-21 9A Clarifications and Interpre- tations 21 95 Authorized Vitiations in Wrk 21 LJL'WOENLtL4LCONDITIONS 1910.8(1990EI)InOM wtCITY (k FORT COLLINS MODIFICAWNS(REV91") Article or Paragraph Page Article or Paragraph Page Norther & Title Number Norther & Title Number 9.6 RejectingLkfe-five Work __. .., ....... 21 9,1.9.9 Shop Drawings, Change Orders and Payments ................................21 21 9.10 Daterminations for Unit Pricq ....... 21-22 91114 12 Decisions on Disputes; ENGI- NESR as Initial Interpreter ., ............ 22 9.13 Limitations on ENGINIERRs Authority and'.Responsibilities,..; 22-23 CHANGES IN THE WORK 23 10.1 QWM's Ordered Change ................23 14. 10.2 Claim for Adjustment, ....... ........ _.23 10.3 WarkNot lk6tluired by Contract Documents. . ......... ........ ____23 10.4 Change Orders ......... ... ..... .............. 23 10.5 Notification of Surety..............23 CHANGE OF CONTRACT 11.1-IL3 Contract Prim; Claim for Adjustment; Value of theWork..... .. ........ .... 2324 114 Cost of the Work....... ............ __24�25 11.5 Exclusions to Cost of the work. ....... 25 IL6 CONTRACTOR's Fee._..................25 11.7 Cost Recor4, 25-26 It's Cash Allowances...............................26 11.9 Unit Price Work .. ........ ........ ... .... 26 CHANGE OF CONTRACT TIMES . ....................... _26 121 Claim far Adjustment ... ... _ ..... __26 12.2 Time of the Essence .......................... 26 12.3 Delays Beyond CONTRACTOR's Control..,......... 26-27 12.4 Delays Beyond OWNERs and CONTRACTOR!s Control ................27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPT ANCE OF DErEMVE WORK.. ....... __27 131 Notice of Defects 27 13.2 Access to the Work_., . ..... ............... 27 113 'rem and Inspectinns; CONTRACTORs Cooperation......... 27 13.4 OANERs Respurwibilitics; Independent Testing Laboratory..... _�27 13.5 CONTRACTOR!s Responsibilities ............ .27 136-13.7 Covering Work Prior to Inspec- tion, Testing a Approve" r ... ___ 27 13.8-13.9 Uncovering Work at FNGl- NEERs Request...., ... . ... ........ 27-28 13,10 OWNER May Stop the Work_ ....... 28 13,11 Correctiort or Removal of 1112 Correction Period'..,,,,,. 13.13 Acceptance OfDefe��ve 1314 OWNER Mity -Correct E ............ 28-29 PAYMENTS TO CONTRACTOR AND COMPLETION;,..,:..::: ..... ...... .............. ___29 14-1 Schedule of Values:......... ............... 29 14.2 Applicatiori for Progress Payment-- ......... 1-1-1-1-- ....... 29 14.3, CONTRACTOR's Warranty of Title.:_ ..........-.--.................. 29 14.4-14.7 Review of Applications for progress paymcft,%., . .............. -19-30 14.8-149 Substantial Completion. ............ 30 14.10 Partial Utilizatiort __30-31 14,11 Final Inspection ............... .... __31 14.12 Fined Application for Payment., ...... 31 WA3-14,14 Final Payment and Acceptance....... 31 14.15 Waiver. of Claims _3I-32 15, SUSPENSION OF WORK AND TERMINATION ................I............................. _132 15.1 OWNER May Suspend Work .......... 32 15,2-15.4 OV44HR May Terminate-,,, _... ,32 15.5 CONTRACTOR May Stop Work or Terminate 32-33 16. DISPUTE RESOLUTION 33 17. MISCELLANEOUS 17.1 Giving Notice .,, ........................ .... 33 IT2 Cornputationol"funes_ 33 17.3 Notice of Claim 17.4 Cumulative Remedies ..................... 33 17.5 Professional Fees and Court ConsIncluded........... ... ....... 33 116 Applicable State Lam ................ 31-34 Intentionally left blank__ . ...... ............. 35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement QC -Al 161-166 Arbitration.. � _ __ GC -Al 16.7 Mediation..........__........ -OC-AI IV EJCDC GENIHIL-1 CONDITIONS 1910 -3 (1"0 WITION) wt CITY Of FORT COLLINSMODIFICATIONS OtFV 9/99) INDEX TO GENERAL CONDITIONS City of Pon Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of.. Bonds and Insurancq ........................................5.14 defective Work ..... ___ ................. 10.4. 1, 13.5, 13.13 final payment .... ........... .......... _9A2, 14A5 insurance ............... 14 Act Work, by CONTRACTOR_ .... .................. 7.3 Substitutes and "Or -Equal" Items......:: ....... §.T1 Work by OWNER ............. ................ 23, 630, 6,34 Access to the — Lands, OWNER and CONTRACTOR responsibilities, ............. ................... site, related Work. _... - ................. ............ -7.2 Wurk,__ .................... ................ 13.2,13.14, 1*9 Acts or Omissions., Acts and Omissions — CONTRACTOR ........ ......... 64 1, 9.113 ENGINEER 0.20, 9.13.3 OWNER.................................................... 0-20,8-9 Addenda —definition of (also see definition of Specifications) .......(1,6„ 1.10. 6.19). 11 Additional Property Insurances ................................. 5.7 Adjustments — Contract Price or Contract Tunes,.:...._ . ... .... .. 1,5,3.5,4A, 4.3.2,4.5.2, 11, 12,14.8,15 1 progress schedule..........._......._-.._..........._._... 6.6 Agreement — definition o( ...................... .................. ).2 'All -Risk" Insurance, policy form_._........._._.__... 5.6.2 Allowances, Cash......._ .... . .... -- ... I ...... I I .... ...... 1-11-8 Amending Contract Documents........._ .............. 3.5 Amendment, Written.. in general.- --- --1,10, 1.45, 15, 5,10,5A2, 642 ...... I ....... I ........... 6 S-Z 6.19, 101, 10A,11,2 ................ 111, 13,122,14,7-2 AppealOWNER or CONTRACT intentI __ _- ...... -9.10, 9Jl, 10.4,162,16.5 Application for Payment — definition of.._ ............................._................... 1-3 ENGINEER'S Responsibility, .... .............. ....... 99 final payment._.,_,,,,,,,,,, 9.114, 9,133,14.12-14. 15 in general......_ .. .. .. .. ..... 2.8,2.9,5.6.4,9.10, 15,5 progress payment......._.......... review of_ 14,4-14 7 Arbitration ................... ........... ........ 16 l-K6 Asbestos — claims pursuant 4,5 3 CONTRACTOR authorized tostop Wark_ ... -4 5-2 definition of.... _....._ ........................ _ ............. 1.4 Article or Paragraph Number OWNER responsibility for .... ..... ...... ........... 4.3.1, RAO possible price and times changq .... .. .... 4.52 Authorized Variations in Work... ... �.6,6.25,6.27, 9.5 Availability of Lands .... . .... -- - ...................... 4a, 8A Award, Notice of --defined_ ................... ............ 1.25 Before Starting Construction ....................... . ..... Bid —definition ot .... .. ____ ..... 1.3 (1.1, 1.10, 2.3,33, — I — — . I-- _ __4,Z6.4. 613,11.4.3, 11.9. 1) Bidding Documents —definition Of . --1--l- ... . ........ ......... ...... 3 .6 (6.8.2) Bidding Requirements--definifian Of ........... (1.1, 41.6.2) Bonds— ameptanceof'.... . ......... .... ....... . .............. 5.14 additional bonds,..-_..._.......................10.5, 11.4.5.9 Cos(of the Work, — ................. ...... . ..... — 11 .5,4 definition of ......... . ............ .......... ............... 1.8 delivery of .....................................................1. 5.1 final Application for Payment .... _1 4.12- 14,14 general .............................. ........ 1.10,5.1-5.3, 5,13, 10.5,14.7.6 Performance, Payment and Other.......... _...._ 1. 1-52 Bonds and Insurance —in general ...... ................. _ ....... 5 Builder's risk *all-risk" policy form ...... ..... 5,6-2 Cancellation Provisiorts, Insurance_.. _. 5A 1 L 5.8, 5,15 Cash Allowances....................................................11.8 Certificate of Substantial Completion.,.,_., 1.38, 6.30.2.3, 14,8. 14,10 Certificates of Inspection,_., ..... 9.114, 13.5. 14.12 Certificates QfInsurance . 53, 5AAL 5,413, - .- — 5.6.5, 51,5,14,9A3.4,1412 Change in Contract Price — Cash Allowances......_.._... ILS claim for price adjustment_..... _4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4 9.5. 9A1. 10.2,10,5.11.2.119, ....................... 13,13,13 14, 14.7, 15.1,15.5 CO\7RACTOR's 1,6 Cost of the Work general ...... ..................... 11.4.113 Exclusions to,..... .. . ................................... 11.5 Cost Records..,_ , _ . . , _ , . .. . ..... _ _ ... ... . J1.7 in general ..... ........1. 19, 144, 9,11, 10.4.2, 10.4.3. 11 Lump Semi Pricing ........... ................... .......... 113.2 Nouflotion of Surety. ...... 10.5 Scow ot. ...... 10.3-10.4 Testing and Inspection, Uncovering the Work.......... ....... .... .. ....... 119 LXDC OENMUL COMA 11ONS 1910.8 (1990 Ent 110M w! MY OF FORT MUNS MODIFICATIONS My 9f99) Unit Price Work ........ . _ .... _ ...... .... __11.9 Article or Paragraph Number .1- .... - ................ J13 `or times adjustment........ 4.1,4.2.6, 4.3, 115, ....... 6A.2, 9.4,95, 9.11, 10,2- 10.5, 12. 1, 13.9, 13.13, 13.14, 143, 15.1, 15.5 rtulsl time Umitq 12-2 ..' ......... 123 Acceptance ofDefidive Work...... .... _ .... ... 13,13 Amending C4nftd Documents .......................3.5. Cash Allowances ......... .............. ....... Change of Contract Pricq__ _ . .... ... .......... Change ofContract Timea ..... ..................12. Changes in the Worl;_ .... ........ .. ...... 10 COVtf RACTORs fee ..............................._.......I L6 Cost of the Work 11.44 1h7 Cost Records .......... 113 definifion ot ......... ..................... ....... ........... _1,9 emergencies.,, ...................................... _-_0,23 ENGINEERS responsibility ....... execution of ............ ......... .......... ............... ... JOA ladoinnifiction ................ 6,31.6-33 Insurance, PAnds and .... .... ..... _ 5.10,513,105 OWNED may terminate ........ ___ ......... .. 15.2-15,4 OWNER's Responsibility ....... .......$.6, 10A Physical Conditions- Subsurfiace and.............................................4 2 Underground Facilities-, ............................ 43.2 RecordDowments, .... __6A9 Scope of Change .......... ....... .... 10.3-10A Substitutes..: .............. ___ ................... _613,61.2 Unit Price Work 11.9 value of Work, covered by ................ .......... ..... 11.3 Changes in the Work...... ... __ ........ ....... .... .... _10 Nolificatiori of'surety.................... ms OWNERs and CONTUCTORs responsibilities:.:,......IUA Righttogn adjustment ......... ...... ----'101 Scope of change ......................... ....... .... 103-10.4 Claims - against CO9fRACroR. . ... .... ....... .. 6 16 against ENGINEER. ..... ...... .... ....... ..... ia 32 against OWNER,..,..,.,._ .. ........ ...... .... __o 32 Change of Contract Price ....... ..... ___ ..... .,9.4,11,2 Change of Contract Times ...... _ ......... ... 9.4,121 CONTRACTOR'S.,...._..... 4. 7.1. 9.4. 9,5. 9,11. 10,2, .......... 1-1-11 Z 11.9,12.1, 13.9,14.$, ... - ... -.1 .... ... 15.5,17.3 CONTRACTOR's Fee_ _ . ...... ........ _ _ ... _1 1.6 Article or Paragraph Number CONTRACTORs liability ........... 5.4,6JZ 6.16,6.31 Cost of the, Work.......... _ ...... _ ................ 11.4, 1 t5 Decisions on Disput,4 ..... -_ ............ ......... 9A 1, 912 DisputoRssohdicn_ ........ ..................... ......... j&l Dispute. Resolution Agraemank_ ................ 16.1-166 ENGINEER as initial interpretor., .... .............. _p,ll Lump Sum Pricing ................ _ ...... ......... 1.3.2 Notice of OWNERS... ...,:9AA5.931, 10.2, 11.2,11.9 ........................l21, 13.9, 13.13, 13.14, 17.3 OWNERS liability ............................ ....... 5.5 OWNER may refuse to make payment_,,.,,,,,, _„_. J4.7 Professional Fees and Court Costs Included ..... _ ... ... .........17.5 request, for formal decision on ... __ ........... ........ P,11 Substitute Items;,,..,-6-7.1-2 Time Extension:.:..........., ............... -_.111 Timerc*remmts _ .............. 12.1 UnitPrioe Work.. . ............ - ..... ... 31.9.3 Value of J.1.3 Waiver of -on Final Payment_ .... .......... J4.14,14.15 Work Change Directive ..... . . ...... ....... ..W2 written notice roquire4 ........ _ __ _ _ 11.2, 123 Clarifications and Interpretatiom., 3.6.3,9,4.9.11 Clean Site ... ......... ..... 0.17 Codes of Technical Society, Organization orAssociation ..................................................3.3.3 Commencement of Contract Timcj_ . ......... ..... 13 Communications - general .... __ ............ .. ............. 6.9.2, 8.1 Hazard Communication Programs ..... ............ 0.22 Completion.. Final Application for Payment ., ........... ............ 14.12 Final inspection - Final Payment and Acceptance,,,,,,,_ i�.13-14.14 Partial Utilization- 1-14-11 - — __ ..... ___14.10 Substantial Completion,,,_ . ... _ .... 1,38. 14.8-14.9 Waiver of Claims___ .... ........... ........ ....... J4.15 Computation of Times, . ... .................17.2.1.17.2.2 Concerning Subcontractors, Suppliers and Others...._ O.M.11 Conferences-- initiallyacceptable schedules ... . ...... ......... ... 2.9 preecawruction .... ...... ................. __ ............ Conflict, Error, Ambiguity, Discrepancy- CONTURACTOR to Rcrol ... ... .. ... .... .. . 2,5, 3.3,2 Construction, before starting by CONTRACTOR., ,, . ........ .... ...... ............ .... 15-2.7 Construction Machinery, Equipment, etc ........... ...... 6.4 Continuing the Work_ ............................. .... 6,29,110.4 Contract Documents - Amending....................... -- .. .......... ...... 5 Bands EXDC (IGNERALCONDITIONS 19104 (IM ED1110M W/ CM OF FORT 0QLLM MODIFICATIONS (REV 9/99) I Cash Allowances .,......., ..... . 118 Article or paragraph Number Change of Contract Price .................................... I I Change of Contract Times...... _ _ _..................... .. 12 Changes in the Work .......... ................. :... 104-10.5 check and verify .... ........ ......... ......2:5 Clarifications and Interpretations.._..._..:.............3.2, 36, 9,4,. 9.11 definition of:......................................................1.10 ENGINEER as initial interpreter of,,,_ .......931 ENGINEER as OWNER's rclresentmive.......... 9.1 gencrel3 insurance ............................................................5.3 .Intent ...... ..... _.._ .. .3.1-3.4 minor variations in the Work_, ......... ....... .._.._..3.6 OWNER's responsibility to furnish data .83 OWNER's responsibility to make prompt payment ... .... ...... ...... ....... 8.3, 14.4, 14.13 precedence..._ ...... ... ......., .... .... 1.1. 3.3.3 Record Documents ........................................... 019 Reference to Standards and Specifications of Technical Societies..__._ .......................... 3.3 Related Work .... ............ ._..................................Z2 Reporting and Resolving Discrepancies .,,-, 15, 3.3 Reuseof ................ _........... _................... �..........3.7 Supplementing... .... ... .... .... ......... ...... 3.6 Termination of ENGiNEER's Employment....._...8.2 I1nit Price Work ............................................... 119 variations ......... ................................ 3.6, 6.23, 6.27 Visits to Site, ENGINEER s.. _.. _ _ _.... .... _.......9,2 Contract Price -- adjustment of_ ............. .5, 4.1, 9.4, 10.3, t 1.2.11.3 Changeof._._...._......_.___...... _...._.__......_..... I I Decision son Disputes ........................................ 9.11 definition of ........._......... ............ ............. ........ 1-11 Contract Times— adjustment of... _. _..... _. _. _.. _..3.5, 4. L 9.4, 10.3. 12 Change o(..... .............. _.... _.... _.............12.1-12A Commencement of... _ ...................._................ 2.3 definition of., ......... ___ .... ...... .........1.12 CONTRACTOR -- Acceptance of Insurance_,,...._,_, 534 Communications .. ......... .... _.......... __ 6.2, 6,9.2 Continue Work ........................... ...... ...... 6.29, 10.4 coordination and scheduling............ .......... . .. 6.92 definition of............................................_........{.13 Limited Reliance on Technical Data Authorized .....-._._..... 4.2.2 May Stop Work or Terminate _. ......-. 19,5 provide site access to others... _..................7 2, 132 Safety and Protectitm. _......... _. _,, 4.3.1.2. 6.16, 6.18, ......................................6.21.623.72, 13.2 Shop Drawing and Sample Review Prior to Submittal ........................................ ).25 Stop Work: reguirements.,..,... ._........._.._.__. 4.5.2 CON7'RACTGRs-- Article or Paragraph Number Compensation ......... ....__..................-...,_. L1.1-u.2 Continuing obligation ..................................... 14.15 Defective Work._____ ..........._ 9.6, 13.10-13,14 Duty to correctdefactive Work_'. _ ................... 13.11 Duty to Report— in the Work cooed by Emergency .. ......... . ......... .... 6.23 Defects. in'Work of Others ..........................7.3 Differing conditions ............... ........ ....... ... 4.2.3 Discrepancy in Documents _....... 2.5. 3.3.2, 6.14.2 Underground Facilities not indicated .......... 4.3.2 Emergencies:....... ____ --- .. _... .......... ....... ..._.._..0.23 Equipment and Machinery. Rental, Cast of the Work ......... ............ .................. ....11.4,53 Fee --Cost plus ................. _.....,1.1.4.5.6, 1.1.5-1, 11.6 General. Warranty and Guarantee .................0.30 Ilanird Communication Programs ......................6.22 Indemnification ......................... 12, 6.16, 631-6.33 Inspection of the Work_,, ...... _ .... ..... ...... 7.3, 13.4 Labor, Materials and Equipment ... .._..._...... _6345 Laws and Regulations, Compliance by,,,,,„-,,,, 6.14.1 Liability Insurance ,..... ................. .............. ........ ?A Notice of Intent to Appeal ......................... 9.10„ 10.4 obligation to perform and complete the Work ............................. .................... ...630 Patent Fees and Royalties, paid for by. ................6.12 Performance and Other Hondc ,,,_____________5.1 Permits, obtained and paid for by_.... ................ 6.13 Progress Schedule. ...... ........ _ ...... 2.6. 2.8, 2.9, 6.6, ....:.._....._.........._............629. 10A, 1511 Request for formal decisionam disputes,,,,,,,,,,,,,, 9.11 Responsibilities -- Changes in the Work_ _... ..._.._..._....... ._... 10.1 Concerning Subcontractors, Suppliers and Others .................... .............. ... 6.8-6.11 continuing the work ..... .... .___ _....... 6.29, I:OA. CONTRACTOR's. expense ...........................63 I CONTR.ACTOR'sGeneral Warranty and Guarannee.................._.........._.....,,630 CONTRACTOR's review prior to Shop Drawing or Sample submittal.......... .....625 Coordination of Work.........._....,......._...... 6.9.2 Em ergenoias..................... _........... _._........(3.23 ENGINEER's evaluation. Substitutes sr "Or -Equal" Items ....... ................._67.3 For Acts and Omissions of Others .........._.-...... ...... . 6.9.1-6.9.2, 9.13 for deductible smountainsaance,,,..__....-_..5.9 general ........................................ 6, 7.2, 73, 8.9 Hazardous Communication Programs_ ... ... . 622 Indemnification, ....... . .................. ....... 6.31-633 vli L)ax, cENERAL COta) pop 1910 •s om Elll'notJ) wICITv (r' FORT COLLINS MODIFICA110M OWN 9/99) Labor, Materials and Equipment,,,,,. ..... .,.5.3.6.5' Laws and Regulations ...., ....... . _......... 6.14 Liability Insurance.,, .... ..... .. ?.4 Article in Paragraph Number Notice of variation from Contract Documents : ............... ....... b:27 Patent Fees and Royalties....,, .,.... ......:¢. 12 Permits,. .:......: , . ........................:.6:13 progress Schedttie ........ RecordDocwnsnts ,._..._. ....,6.19 related WorkpWormed prior to ENGlNfWs approval of required submittals.......,................................0.28 safe structural loading ......... .618 SafetyandProtectton............ ........ i5XT2.13:2 Safety Representative ........... ...,..... 6.21 Scheduling the Work .................. .... .__.(1,9,2 Sloop Drawings and Samples... ............ ....... A24 Shop Drawings. and Samples Review by 040IMM........ ........ ................... ..6.?6 Site Clean lmess. _.............:..... . .... G 17 Submittal procedures...................................625 Substitute Construction Methods and procedures— ............ ......... _.... .T2 Substitutes and "obi -Equal" Items................0.7.1 SuperintendeacC. -, .......... ................. Supervision ..................... _.................... _......4.1 Survival of Obligations. ...... ......... .....6.34 Taxes......................................................... 0.15 Tests and lnspections........ ..... .........._._._,13,5 ToReport................_...................................23 Use. of Premises........_....._ _..0.16.6.18, 6.30.2A :Review Prior to Shop Drawing or Sample Submittal....... ..............................,, 625 Right to adjustment for changes in the Work..... K2 right to claim., ......... 4, T 1, 9.4, 9.5, 9.11, 10.2,11.2, .......... 11,9,12.1,13.9,14.8,15.1,153,17.3 Safety and Protection. ............. ,6.20 4.22, 72, 13.2 Safety Representatives .......... ..... ._.. 6:21 Shop Drawings and Samples Submittals ..... 6.24.6:28 Special Consultants. ....,. _- _ _... ........._.11.4.4 Substitute Construction Methods and Proccoures _ 6, 7 Substitutes and. "Or -Equal" Items, Expense ........:. . ........... ... 6.7.1, 6.7.2 Subcontractors,.. Suppliers and (there....... .... 6,9-6.11 Supervision and. Superintendence,,,,,,.,,6.1, 6.2, 621 Taxes, Payment by., .......... . ........ ... __.......:6.15 Use of Premises„_._. ...... _. ,-_.6.16.6.18 Warranties and guarantees.. ........... ..... 6.5, 6.30 Warranty afritle....... .........._ ..,. ..........14.3 Written :Notice Required -- CONTRACTOR stop Workor terminate,.,... 15.5 Reports of Differing Subsurface and Physical Conditions ........................ 4.2.3 Substantial Completion .................. _..... ........ 14.8 via CONTRAC.TORS..other............... .............. Contractual Liability Insurance., . ,_„5A. 10 Contractual Time Limits:.,_.. ........ ........ 12.2 Article or Paragraph Number Coordination— CONTRACTOR's responsibility.. .............. _ .: 0.9.2 Copies of Documents.......... _.............. ........... :12' Correction Period ................ ...... .............. I2 Correction, Removal or Acceptance ofDe*ctiva Work" in general„ ......... 10.4.1. 13.10.13.14 Acceptance ofDitkdve Work .......:.. .........1:3.13 CorreWon or Removal of Defective Wok ..._......................6.30, 13.1I Correction Period .......: ----------J112 OWNER MayCorredDefective Work, ...........13.14 OWNER May Stop Work .....................13.10 Cost -- of Tests and Inspections,: ........ ...,. _. . ........13.4 Reccads11.7 Cost of the Work--. Bonds and insurance, additional ...................11.4.5.9 Cash Discount.S................._............... ........ .... 11.4.2 CONTRACTOR'sFee...... ...:...:.........._ ..116 Employes Expenses, ­ . . ....... ......... 11.4.5.1 Exclusions to ......... ......... ...11.5 Genera111.4-11.5 Home office and overhead expenses,, ,11.5 Losses and damages ................. ...... 11.4.5.6 Materials and equipment. .... Minor expenses ..................._... ......... 11.4.5.8 Payroll =is on changes .............. _......._........11.4.1 performed by Subcontractors,.._ .,.... ..._..._.11.43 Recordsl l.7 Rentals of construction equipment and machincry.................... ............. 11 A.53 Royalty payments, permits and license fees ... _:..... ... _............11.4.5.5 Site office and temporary facilities.. .............. 11.4.5.2 Special. Consultants, COI+TTRACTOR's , , ... „11 4.4 Supplemental .. _... _........ . _.. ........ ........11.4.5 Taxes related to the Work 11.4.5.4 Tests and lnspection,...... .. ...... ._... 13.4 Trade Discounts ............ ................. ..... .. 11.4.2 Utilities, fuelandsanitary facilities .......... ...I 1.455 7 Work after regular toms.................................11.4.1. Covering Work _.__..._ .............. ...... 13.6.13.7 Cumulative Remedies. .... _.._ .....1 Z.4-I1.5 Cutting, fitting and patching ................. .............. 7.2 Data, to be furnished by OWNER-, ... .. .. . . 3 ......... Lary -definition of ........_.. ..... ........ .. �......17.22 Decisions on Disputes .................................... 9.1119.12 defective --definition of. . ...._... .._....1.14 defective work-- Acceptanceof.... .,......_....... ....._........... 10'.1, 13.13 EX-W GENF.aAL CONDITIONS 1919-3 (199a 6UIT10N) w/ CITY OF FORT COL41M3 MOt)IFICAT101ita REY 9t99) r*� Correction or Removal of ... .. ............ 10A.1, 13.11 Correction Period-, ......... ........:... ....:.1332 in general.. .1 ... ---- .... - ... .......... -13. 14.7, 14.11 Article or Paragraph. Number Observation by ENGINEER__ ..... ...... :.... .......... 9.2 OWNER May Stop Work .........:..... .: ....... 13.10 Prompt Notice of Defects .................. ..._..._ 13.1. Rejecting,.,.,,,.. ... :,_,,.,. , ............9.6 Uncovering the Work, ....................... ............ .118 Definitions .:;.:. - ................... _.. ...._..- I. Delays ............ .........................Al, 6.29, 12:3.12.4 Delivery of Bonds .............................. .......... 2.1 Delivery of certificates of insurance;„. ......... ........2.7 Determinations for knit Prices.......... , , .......9.10 Differing. Sobsurface or physical Conditions - Notice of ... ... ... ....... .... ........... .... _..4,2.3 FNGINEMs.Review...................... ....4.2.4 Possible Contract Documents Change.,,,,,, ,.., 4.2 5 Possible Price. and Times Adjustments. ......, 4.2.6 Discrepancies -Reporting and Resolving .,..,...... ... 25, 112, 6. 14,2 Dispute Resolution-- rlgreement................................................16.1.16.6 Arbitration_ ........ ............. .......................16.1-16.5 general l6 Mediation .............. ...... ....... ....................... 16.6 Dispute Resolution Agreement............. ........ 16.1-16.6 Disputes, Decisions by ENGINEER ...... ...... .....9-11-912 Documcmis-- Copiesof... ..... _............... _. _....__... _........ ...... 12 Record 6.19 Reuse(f..__..........................._..................... ....,3.7 Drowings-definition of, ... __............. ___ ..........._,IA5 F.asemcntc............................................................. 4.1 Effective date of Agreement •- definition Qf.............1.16 Emergencies... _,,......... _. _. ........... .. ................. ENOIIER-- as initial interpreter on disputes,,.,_,,,,.,__ definition of ............. ........ _.1,17 Limitations at authority and responsibilities,,,,, 9,13 Replacement of., - . ....... _... _........ _..... _ ...... 8.2 Resident Project Representative....,_, , ,,_„9:3 ENGINEERS Consultant-- definition of.., ...... 1.18 ENGINEER's-- authority and responsibility, limitations mi _,,,..9. 13 Authorized Variations in the Work.......... ........... 9.5 Change Orders, responsibility for.__. 9.7, 10. 11. 12 Clarifications and Interpretations ., 3.6.3, 9.4 Decisions on Disputes.... ... ........ .. 9.11-9,12 defective Work, notice of___ _.........-.._ 131 Evaluation of Substitute Liability...................................................4.32, 9.12 Notice Work is Acceptable _...__........... .- 14.13 Observations, - ...................................... 0,30, 9.2 OWNER's Representative,..... ...... ._..... 9.1 .......... Payments to the MNTRACTOR Responsibility .for .... ...... ........_..... _.......9,9, 14 Recommenilatitm of Payment....................)4A, 14.13 Article or Paragraph Number Responsibilities --Limitations on,,. ........ Review of Reports an Differing Subsurface and Physical Conditions ........................42A Shop Drawings and Samples, review responsibility.,,. .... ... ........ ....._...5.26 Status Owing Construction -- authorized variations in the Work... ............ ...9 5 Clarifications and Interpretations. . ... . . ........PA Decisions on Disputes ........ :............. 9.11-9.12 Determinations on Unit Price... . _._ _. _. _. _..9.10 ENGINEER &a Initial Interpreter_„_ _„ 9.11.912 ENGINEERsResponsibilities ....9.1.9.12 Limitations on FNGfNF.ER's Authority and Responsibilities................ ...... 9,13 OWNER's Representative..............................9.1 Project Representative_.... ...._......_...........9.3 Rejecting Defective Work .... .................... ...... 9.6 Shop Drawings, Change Orders and Payments ................ ...... ..... _..... , 9.7-9.9 Visits to Site._ ......................_,....... _..__._. 92 Unit Price determinations.................................9.10 Visits to.Site ..... . .... .......... ......-_._............ .9.2 Written consent required ........ ...................... :7.2, 9.1 Equipment, Lob",. Materials and....- ................... 6.3.645 Equipment rental; Cost of the Work.. .............. 11.4.5.3 Equivalent Materials and dEquipment ........................ 0.7 error or emissions ......... .... .._................... .......... ... 0.33 Evidence of Financial Arrangements ......................8.11 Explorations of physical conditions ...................... 4.2.1 Fee,.CONTRACTOR's-Costs Ptuk..........................1..1.6 Field Order -- definition . a(,.... _............ . _. _......_... . _. _......1.19 issued by ENGINEER..... _..............._..._... 3.6.1, 9.5 Final Application for Payment.._. __._.... _.,...,. ]4. 12 Final Inspection_ .............. ........... ............... J4.11 Final Payment - and Acceptance. ........._......._... 14. 13-14.14 Prior to, for cash allosances... ... ..................11.8 General Provisions 17.3-17.4 General Requirements - definition o(.....................................................L20 principal referenees to.. _ _. _.....2.6, 6.4, 6.6.6.7, 6.24 Giving'Notice, _ „ 173 Guarantee of Work -by CONTRACTOR ....6:30, 14.12 Hazard Communication Programs ..,.... ........_...... .... 22 Hazardous Waste -- definition of_ 21 general _.._..... . __..4.3 OWNER's responsibility fir .............................. 1310 EJCW MNERAL C'ONOITIONS 1910.9 (1990 EDITION) wt0TY t%' FORT (T91INS MODIFICATIONS (RF-V 91") Indemnification,,,,.....__ .......... __ . 4- 1 Z 6.16, &31433 Initially Acceptable SchethileA .... ...... .... 2.9 Inspection — Certificates of ......... .... ......... ..... 9.114,115, 14,12 Final .... ....... ................... ..... 14, 11 Article or Paragraph Number Special, required byHNGINEUR .............. .......... 9,6 Tests and Approval,-.... ........... 11.3-13.4 Insurance - by OWNER:......_.. .......... ____514 faked by changes ..... ........ .......... 11.4.5.9 Ithe work ............ 1. 1-1 1-1 - . -- ... 23 general ... ................... ...... _1--J revisions ............ 3, 53, 5.4.1.1, 5.4413, 545,51,5.14, 9,13.4,14.12 .......... ._.__ .... _-__ .... 5.4,13 CONTRACTOWs Liability ..... ...... 1111-1.... 4—_ ... .5.4 CONTRACTOWs cidection to coverage ,............5.14 Contractual Liability_ � ................ .......... ....... 54.10 responsibility.... ........ .............................. 5.9 Final Applicater, for Psyment., .... ............. __141,12 Licensed Insurers 53 Notice requirements, material change;,,,,,,, 3.8, 10,5 Option to Replace._ ..... _- ....... ...... .......... 514 other special insurancei_ ............................5. to OWNER as fiduciary for insurcd*..............5.12.5A3 OWNB$V,i Liability.... .._ --- ........... __ ...5.5 OWNER's Responsibility ........ __._ ...... _-_ ..... 8,5 Partial Utilizatiom Property Insurance .... __5,15 property__ ................ ......... ........... 5.6-5.10 Receipt and Application of Insurance Prooee4 ..... .......... .................. ...... _5A2-5,13 Special Insurance.._ . .......... __ ................. ....... 5.10 Waiver of Rights...................... _ ....531 Intent of Contract Documcnla,_ ........ 11-3.4 Interpretations and Clarifications ....... ... .......... 3.6.3, 9.4 Investigations of physical conditionR .........................4.2 Labor, Materials and Equipment........... ... — ......... 0.3-6-1 Lands-- imdEasemcrits- .......................... ... .... $.4 Availability of.._ ..... ..... _ ......... ........ 8.4 Reports and Tesia__............................. .......... FA Laws and Regulations -,Laws or Regulations -- Bonds . .... .. Changes in the Work ............... _10.4 Contract Documents........... . ..... 3.1 CONTRACTOWs Responsibilities .... ..... 614 Correctionlieriod.clefecift,eWok, Cost of the Work taxes__. ....................... j 1 A. 5A definition of.............. .... ....... --- ... .122 ScricraI6.14 Indervinificatiori_ .. ..... ___ ................ _631-6.33 Insurance_,.,_,_.., 5.3 Prrcedanoc� - � � ... ......... ....... .......... 3.1,33.3 Reference to.,,,,_._....... �1.3.1 Safety and Protection_ . .... .. _- . .... ... ....... 6.20,13.2 Subcontractors, Suppliers and Others_ ........ ,6.U.11 Article or Paragraph Number Tests and Inspections,,..,,,.,,,. ...... 13.5 Use of Proud . sea_ ........... ................ ... ........ 0.16 Visits to Site....,.. _9,2 Liability Insuranov- Q0NTRACTOWs_........... ......... .......... ...... ....... 5.4 OWNM.. ........ ........... ..... _ .................. -J.5 Licensed Sureties and Insurers ........ ___ .............. ............ 5.3 Liens - Application for Progress Payment, ....... ___14.2 CONTRACTOWs Warranty of Title._............. _14.3 Final Application for Payment ..... ............. __.14,12 definition of .... ...... .................1.23 Waiver of Claims__ ................... ___ ............ )4.13 Limitations on ENGINHER's authority and responsibilities.-_._.., ......... ........ .... ... 9J3 Limited Reliance by (70NTkAC!r0R Authorized, ....... .......... — .... -- ........................ 4.2.2 Maintenance and Operating Manuals. - Final Application for Payment.......___.............. 14.12 Manuals (of others) -- Precedence Reference to in Contract Documents ... ......... 3.3.1 Mawrials and equipment -- furnished by CONTRAcTrOR., .... ____63 not incorporated in Work .... .......... _ .......... _.14.2 Materials or equipment —equivalent—, ......... __ .... 0.7 Mediation (Optimal) ....... .... J6.7 Mile.%ones—definition of ........................................1.24 2&svollaneou$-- Computation of Times:,......._._......._._..._...._.. Cumulative Remedies ..... .......... - 17.4 Giving Nonce......... ....... ... 17.1 -Notice or claim I T3 Professional Fees and Court Costs Included....... 1 15 Multi -prime contracts....._.... Not Shown or Indicated., . . .... . .. ........... ...... 4.3.2 Notice of -- Acceptability of Project...................................14.13 Award, definition of_,.._ ... .. .... ............. ......... 1.2.5. Claim Defects,13.1 Differing Subsurface or Physical Conditions_, . 4 2.3 Giving ... .... .... . .. ... _ .. .... 17.1 Tests and Inspections ........... .... ....... ...... ...... j 33 Variation Shop Drawing and Sample._.............. 4.27 Notice to Proceed - definition o(......................................................1.26 giving of .. ....... ... .... . .. ____;.3 EXI)C GENERAL COND[TION3 1410-90990 EDITION) W/ CITY OF FORT COLLIM MODIFICATIONS (REV 91") Page is too large to OCR. Notification to Surety......_..,.. ­­ ... ..... ­ , ­ ... jo.5 Observations, by ENGINEER ....... ...... ­­§,30, 9.2 Occupancy of the Work 14.10 Omissions or acts by CONTRACTOR.....,... 0.9, 9,13 Open Pail policy form, Insurance ..... ­­­­ ­­ $,6.2 Option to Replace ....................................................5. 14 Article or Paragraph Numb,r 'Or Equal' Items ........................... ...... ........... Other -work 7 Overtime Work --prohibition of ....... ­­ ... .............. ­­ 6.3 OWNER -- Acceptance of defective Work............_........... .J3.13 appoint an ENGINEER - ...... ................ 8.2 as fiduciary ,- ........ ­ .... .... ....................... 512-5,13 Availability of Lands. responsibility,.................... 4.1 definition of......_........__...,.:..:. ­ ......... ... 1.27 data, furnish ........................................ ... ..... _$3 May Correci Defective Work.............................1114 May refuse to make payment...... ....... ... ­­­ ...... 14-7 Nfay Stop the Work ......... ..... ........ ­­ ... .... May Suspend Work, 'terminate....._..._._....... -3,13,13.10.15145.4 Payment, make prompt ........... ......... P 3,14-4,14,13 performano: of other work ........ ..................... -JI permitsand licenses, requirements- ..... - ....... ­03 purchased insurance requirements- ...... ­ ... 5,6-5.10 OWT,Mws­- Acceptance of the Work,., Change Orders, obligation to execute..._..... 8.6,10.4 Communications ............................................... 8-1 Coordination of the Work-, .................... Disputes, request for decision ... ......... 9,11 Inspections, tests and approvals ...... .... ­­J.7, 13.4 Liability Insurance.....__ ........... ... ...... ...... ­5.5 Notice of Defects .................... ­­ ...................... J31 Representative --During Construction; FNGINEE,R!s Status 91 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 10 Change Orders..............................................8.6 Changes in the Work_._..._...._..._..__....... J0.1 communications ............... ...... ­­­ ­19A CONTRAC`rOks responsibiliti . ..... -.1-1111 K9 evidence of financial arrangenterua­ .... 8.11 inspections, tests and approvals, , . . .. .... 7 insurance - .... .... .... ­­­ .......... _..................8.5 lands and easements..........__.___.__.......... 8.4 prompt payment by ..... ........ replacement of ENGINEER..__..-,_ 8.2 reports and tests,,....... _ ... stop or suspend Work . ..... ­ ...... 1110. 15.1 terminate CONTRACTORs services-, 8.8. 15.2 separate representative at site,,,_,,,__ ................... y3 testing,. independent .... 13A use or occupancy of the Work ................. 5, 6.302.4, 14.10 written consent or approval required ........... ­­ . ...._.......,,.,...._:A 1. 6.3. 11.4 L*X'W GENLRAL CONNTIONS 1910-8 (1990 WITIOt) wl CITY Of FORT 0011UNS MODIFICA11ONS (RFV 91") Article ar Paragraph Number written notice required _,,,,_,.. ... 7.1, 9.4, 9.11, .......... .........ILZ 11.9, 14.7, 15.4 PM.. definition of_ ..... .... ._.....-.... ...-..._:._1.29 general......... .............. ......:...... ............ ......... ... 43 OWNER's responsibility for ..... ............. ............. mo Partial Utilization - dcfdtition of .......... ................... .. ..........:1.28 general 6,30.2.4,14. 10 Property Insurance...... ...... _. ........... .15 Patent Fees and Royalties ........ ..... ..... 6.12 Payment Bonds- .................. ...................... .,.....�.1-5:2 Payments, Recommendation o(............. 14.4-143,. 14.13 Payments to CONTRACTOR and Completion — Application for PtogreasPayments....... ..............14.2 CONTRACTOR's Warranty. of Title.. .... ,.......14.3 Final Application :for Payment,.... .........14.12 Final Inspection ............. ... .14.11 Final Payment and. Accepmnce,_,.... ........ 1411-1414. general ............. _.......... ...._:.......... ..........:-_...0.3, 14 Partial Utilization..:.,. ................. ........ ......14.10 Reminage............................... ................14.2 Review of Applications for Progress Payments ...... ...._ ......14A-14.7 prompt payment._ ................. ......._.$3 Schedule of Values.. _....... �......... _.....................14.1 Substantial Completion, _ _............. ..... ...14.8-14.9 Waiver of Claims ............................................ J4J5 when payments due, ............................... 14.4, 1413 withholding payment ............... ...._..._.... 14.7 PedomanceDmd;........ .. ......._ ........5.1-5.2 Permits. ......................... _.......,._ _. _........ �........ b.13 Petroleum -- definitionof ..................................................... 1.30 general............................................................. 4.5 OWNER's responsibility for ............. .......... _....... Y.10 Physical Conditions — Drawings of.inorrelating to_ -........ ........4.2.1.2 F,NGINEER's review ..... ....................... ..._,......424 existing structures.............. ...._... ....... .... ... _4.22 general 42:12....................--_ .... _:..........___ Notice of Differing Subsurface or,. ..........4.2.3 Possible Confirm Documents Change .......... ..... :4,15 Possible Price and Times Adjustments..............4.2.6 Reports and Drawiitgc..................................... 4.2.1 Subsurface and ............... _. _...... ............ A.2 Subsurface Conditions .................. ............. „ „4.2.1,1 . Technical Data, Limited Reliance by CONTRACTOR Authorimd......._........__..412 Underground Facilities-- general.........................................................4.3 Not. Shown or Indicaed_......,...._..._.........43.2 Protectim of.......................................43, 6.20 xii Article or Paragraph Number Shown or Indicated_ ......... , ....._............... 4.11. Technical Data,. _........................ ...... 4:1.2 Reconstruction Confareheo. .:... ........2.9 Preliminary Nlattars......... ......... .. Preliminary Schedules:...._.......:..............................2.6 Promises,. Use o1......... ............. ...... ........... . 6.16-618 price, Change of Contract.., ......... _........................ ., 11 Price, Ctmhact--definition of - ...:.,.... ..........1 11 Progress Payment. Applications for,.... ........ ............. 14.2 Progress Payment--retalnap... _.:.......... _ 14.2. Progress schedule, C:ONTRACTOR.s.......... ,.y.6,18,.2.9, ,:.. ........ ...... 6:6;. 6.29. 10.4,15.2.1 Project —definition of ...._...................... ....... L31 ProjectRepresentative-- ENGINEERS StatusDuringCotstrta ion ....... 9.3 Prcjcct Representative, Residen"efinitionof ,,, ,.... 1.33 .prompt payment by OWNER...................................8 3 Property Insurance — Additional . ... __ .... __.:.:. ::. ........ . . . ...:.... 5J gcnera15.65. 10 Partial Utilization .... ..... .... ..:.............. 5,15, 14,10.2 receipt and application of.pr%-CWa............ 5,12-5.13 Protection, Safety and ..... ....... ........... ....... fi.20.6.21, 11.2 Punch list ....... ___ .... .......... ____ ...... ...... ,.... 14.I 1 Radioactive Material-. defintionof.... ....... ......... ............ :_.................,,1.32 general,15 O WNERs responsibility fur .............................8. 10 Recommendation of payment ................ 14A, 14.5, 1413 Record Documents__ ...... __ ......61914. 12 Records procedures for maintaining .......... ..... 2.8 Reference Points..............................._....................,.4.4 Reference to Standards and. Specifications of Technical. Societies, ....................... ....... 3.3 Regulations,. Laws and. (or) ................ _.................... 6.14 RejectingDefec#ve Work --- _.......... ...... ..... ....... 9.6 Related Work — atSite . ... _..................................... ......... ... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals. review .................... ti.28 Remedies, cumulative._...__. ..._....._.....a7.4. 17.5 Removal a Correction o(Dejecdw Work.., ........ 1111 rental agreements, OWNER: approval required.,.,t 1.4.5.3 replacement of ENGINEER, by OWNER_. 8.2 Reporting and Resolving Disunepanoi......... ......................_2.5. 3.3.2, 6.14.2 Reports. - and Drawings .... ............ ................... ._....... ... 4.2.1 and Tests. OWNEKs responsibility ...................8.4 Resident and Project Representative-- defmition. of .................................... _.... _.,........ 1.33 provision for. ....... ........... ..... . ...................... 9:3 5XI)C. GENERAL COMITIONS 1410-8 pros MABON) a! CITY OF FORT COLLMS MODIFICATIONS MV 91" Article or Paragraph Number Resident Superintendent, CONTRACTOR'$ ............... 6.2 Responsibilitiuw-- CONTRACTOR's-in. general .................................. 6 ENGINEER's-in general ............... .... .... .... .......... .-9 Limitations on . .... ........ ........................ ...... 9.13 OWNER's-in general ............................................ R Retainage.......... .................................. ..............1.4.2 Reuse of Documents. ....--- ...::....... ...:_..3 7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal__ . ....: .......6.25 Review of Applications for Progress Payment4_................................ 14.4-14.7 Right to: an adjustment-......_ .......:.. .._...10.2 Rightsof Way.. .............. .............. _................. ...... 4 1 Royalties, Patent Fees and..... .....................: fi 12 Safe Structural Loaring..........................................�.18 Safety -- and Protection......................:..........4i3.2.6.16, ...... .._............._.....6.20.6.21.72, 13.2 general .................................... ............. ....6.20-6.23 Representative; CONTRACTOR'k....... ............... 6,21 9amples— defmition of,,.., . ........ ........... ___ ...... .....1.34 general ...... ......... ...................... .:............. 6.24-6.28 Review by CONTRACTOR ................. _... ...... _.-- 6.25 Review by ENGUNFER ....................4......... 6.26, 6.27 related lVark-.................................... ........ ....... 6:28 submittal of. .... _..._..... ._.____..... _...-.fi24.2 submittal procedures..............._....-,.................:6.2$ Schedule of prcgresa..................._.......2.6.2.8.2.9, 6.6,. ............__.................. .....6:29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals... ............... ........... 24, 2.8-2.9, 6.24-6.28 Schedule of Values. _. _. ...... _2.6, 2.8-2.9, 14.1 Schedules -- Adherence to, ......... 15.2.1 Adjusting... _ ......... ............. .......... .._.._-0.6 Change of Contract Time% ................................. 10A Initially Acceptable .... ............ ..... _.... ..-Z8, 2.9 Preliminary, ....._.__.... _._....:.:... .. .......... Scope of Changes, ......... .......... _........ ._.... 0.3-10.4 Subsurface Conditions ................... _ _......,..... ....... _ 4.2.1.1 Shop Drawings -- and Samples, general ................................ 6,24.6..28 Change Orders & Applications for Payments, and. ,. „9,7.9.9 definition of ............... ...... _:.... ......_..1.35 ENGINEER'& approval of .... ............ ...................3-ri.2 ENGINEER'sresponsibility for review. ..................................... 9 7, fi 24428 related Work ...... ..... .... .-......... ..._....... .... ......... .28 review procedures ....... ......................... 2.8, 6.24-6.28 Article or Paragraph Number submittal required,_... ........................................6.24.1 Submittal Procedures. ......... - ............................ 6.25 use to approve substitutions. _... _. _................... ¢.73 Shown or Indicated ....................... ..... ........... ..... ...4:3.1 Site.Aicset................_.,....,......,..................... 7.2, 13.2 Site Cleanliness_ ....... _.......... .......... _.-.___ ...... .... 117 Site, Visits to-- byENGINEM............ ......... .... .................9.2, 13.2 by cAhars................... ....... _.... ... .._ ......13.2 "special causes of loss" :policy form; insurance ........ :. _................ ........5.6.2 definition of ...... .............. .................. ............. J.36 Speci€icattonsw defination o,...... ...,.:.... ...__. ,... of Technical Societies, reference to ,.,... precedence., ...... ............... __........ .............. 33.3 Standards and Specifications of Technical. Societies._ ................................... _ 33 Starting Construction, Before ........ ........ .............. 2.5-2.8 Starting the Work- . ..._..___. ..... ..... ....... ..... ...2.4 Stop or. Suspend Work -- by CONTRACTOR ................................. .... 15,5 by OWNER.,.._ ....................... _...... 8.8, 13.10, 15.1 Storage of materials and equipment,,,,,_,,,,,,,,-_.4.1, 72 Structural Leading, Safety .. ............ ................... ...._618 Subcontractor — Concerning, ..._..........................................6.8-6.11 definition of ........ ....... ............................ ....... —) 37 delays_.... ....... ...__._...... _ ........___. ... 12.3 waiver of rights .... ................ ..........__...... ....... ,6.11 Subcontractors --in general ,..,...... ..... ............_....6.8-6.11 Subeentracts--required Provisions.,.,.._.. 5, 11, 6. 11, 11.4.3 Submittals — Applications for Payment ................................. 14.2 Maintenance and Operation Manuals_.. 14.12 Procedures .,....._ ............................. _.........._.. 6.25 Progress Schedules... ... .... .. . .. ....... ... 2.6,2.9 Samples.._ ....___ ... ..... ._......... ,__.... 6,24-6.28 Schedule of Values.... ............................. 2.6;. 14.1 Schedule of Shop Drawings and Samples Submissions _.__.._.. __.........2.6,2.8-2.9 Shop Drawings .......... ............ _....... ._. 6.24-6.28 Substantial Completion -- certification of.. _..... _.... _......... 6.30.2.3. 14.8-14.9 definition of..................._........_.....,................1.38 Substitute Construction Methods a Procedures_ ....63.2 Suhstitutesand 'Or liqual"Item ;. _.,..,____._.,-,6.7 CONTRACTOR'sExpense.... .................6.T.1.3 ENGINks"EsR's Evaluation 6.7.3 "Or -Equal . ..................... ........ .. .....6,211 Substitute Construction. Methods Xiii MW MN'ER.4L CONDI PIONS 1910.8 t19" EDITION) w1CITY (if FORT COLLINS MODIFICATIONS (RFV 9199) Article or paragraph Number or procedures;_......... 6.7.2 Substitute Items ......... Subsurfsoc and Physical Canditions- Drawinp o& in or re4athg to....,. __ ........ _4.2.1.2 ENGIMEEK't Review, . ........... ................... _424 gneral.... ........................ . .................. ...... .... _4,2 Limited Reliance by CONTRACTOR __A.2.3 ..... 4.2.1,2 1.1-1 ........ 4.2.1 fie SitG.................4.2.Ll ........... _.4,12 -1-1-1- ... 0A ENGINEER shall not supervisq ..............9.2. 9.13.2 Superintendence ............... ........... ___ .... __ ... _.0,2 Superintendent, CONTRACTORs resident. _____0.2 Supplemental casts........ .......... _ .......... 11,45 Supplementary Conditions - definition of .....................................................1.39 principal references to,, ................ 1.10, 1. 1 S, 2.2,2.7, .......... _.4,2,43,5A, 5.3,5.4,5.6-5.9, --.1-11-5. 11, 6-8, 6.13, 7.4. 8.11, 9.3, 9.10 Supplementing: Contract Document; , ........................ .} 6 Supplier - definition of. ........................ ......... __ ............... ).40 Principal references to........._. 3, CS. 6.8-6.11, 6.20, 6.24,9,13,14.12 Waiver of Rights .. : ...... ...... ...... g5.11 Surety - consent to final psymenk ...... ....... _1 4,12, 14.14 ENGINEER has no duty tQ ................ ...... ---9.13 Notification of._._... ..............10.1. 10.5, 15.2 qualification of .... ............ ............ .. .... 5.1-53 Survival of Obligations .. ............ ..... ............. _.j6.34 Suspend Work, OWNER May ............... ....... J3.10,15.1 Suspension of Work and Termination- 1,.... .................15. CONTRACTOR May Stop Work or-Terminatk .......... ....... ..... ... ..... . _J5.5 OWNER May Suspend Wa* ........... ....... 15.1 OWNER May Tcrjninme� ...................... 15.2-15.4 Taxes --Payment by CONTRACTOR ... ...... :6.15 Technical Data - Limited Reliance by CONTRACTOR ............... A-22 Possible Price and Times Adjustments. ..... 4.16 Reports of Dflaring Subsurface and Physical Conditions, .... ........ 4.2.3 AV Tempormycoristruction fitcilitics__ 11 - -- --4 1 Article or Paragraph Number by CONTRACTOR ......... ................ 15.5 by OWNER .... ............................. ..... 15.1-13A of EKGINUER's employment ............... .........$.2 Suspension of Work-in general ...................... J5 Terms and Adjectives ...... .......... ...... Tests and Insoactions.- - .............. I....... 112 . ......... J16-13.7 13.5 13-1 .......... - 13.10 testing ................ --j3A 4GII-M'R ............. _ .......... 9.46 .1-1-1- ..... ............ 114 at ENGINEEks requeA, ...... ............. ... .. ....... ..... 13.8-13.9 Times- Adjustin........................................................6 ... .,6 Change of Cmtmct ''*""' 12 Computation of, .... -1-11-.111 ............... - 1-.172 Contract Times --definition of ......... ......... 1. 12 (lay ... ... ... _ _._ ......... .... .. � 17.2.2 Mlestones..........................................................12 Requirements -- appeals_ ... .. ... ..... _ _M0, 16 clarifications, claims and disputes,,,,,,,,,,,,,,,,, 9. 11, 11.2,12 Commencement of Contract Times ........ ___2.3 Reconstruction Conference......._ ..............._208 schedule$ 2.6.19,6.6 Starting the Work_ ....... __ ........ ........... ___2.4 Title, Warranty of. ................................... ... ... 14.3 Lhicovoring Work.. ......... _ ........... 118-13.9 Underground Facilities, Physical Conditions -- definition OC.I........., ... 101-- ........................ .... 1.41 Not Shown or Indicated ...... ........ 4.3.2 protection of., .... ....... 4.3, 6.20 Shown or Indicated . . . .. ......... ...... 4.3.1 Unit Price Work - claims 11-93 definition of ................ .......... ............ JA2 genemlll.9, 14.1, 14.5 Unit Prices- gencrall 1.3.1 Determination ler. ... .... ...... .... ................. .9.10 Use of Premisea ... 6,16,6.18. 6.30.2.4 Utility owners ............................. 0,13, 6.20,71-73,13.2 Utilization. Partial ...... ... J.243, 5A5, 6.30.2.4,14-10 Value of the Work 1. 3 Values, Schedule of ............. .............. ;.6, 2.8-2.9,14.1 EXM (111NERAL CONDITIONS 1910.8 (1990 EDITION) W1 C ITY OF FORT COLUM MODIFICATIONS (REV 9/09) PEP Variations in Work --Minor Authorized,._.. ........... ..._. _..... ........... 6.25, (i.27, 9.5 Article or Paragraph Number Visits to Site--byENGINEER.................................... 9.2 Waiver'of Claims --on Final Payment ... _.._.... __.., ,14.13 Waiver of Rights: by insured pane* ... ......... ...:.5. 11, 6.11 Warranty and Guarantee, General --by CONTRACTOR................................................0.30 Warranty of Title.CONTRACTORs......_ ...............14:3 Work -- Access ta,.:.-:._..........._........... .......... ......,.._._.1,3.2 byother& ........................................... ................... 7 Changes in the. ....... ............. _........ Continuing the,......_.........................................629 CONTRACTOR May Stop Work or Terminate ..... ....... ____ ....... ............... 15.5 Coordination of .... _....-... . _.... _....... . .7A Costortho.:...............................................11 * 11..5 definition. of .... ....... ............. ......... ........... ............ 1-43 neglected by CONTRACTOR ....................... _..13.14 otherWork ........ ....._............... ..,..:_......................7 OWNER May Stop Work ......... __._... ..... ._._.13.10 OWNER May Susperld Work...................31M 15.1 Related, Work at Site. .................................... 7.1.7:3 Smiting the,.:....... _............................... ...... ... 34 Stopping by CONTRACTOR..............................13.5 Stopping by OWNER ..... .......... ........ ........... 15.1-15.4 Variation and deviation authorized minor._.,., . 3,6 Work Change Mective— claims pursuant to ..................... _........_............ J O.2 definition of._..-_-.--.... ............._...... .........-. . 144 principal references to„, ... ... ......... ..3.5.3. 10.1-10.2 Written Amendment -- definition of ,...._..,.... .... ._....... ................ 1.45 principal references to..............1.10, 3.5, 5.10,15.12, ,,,,,,,,,,,,_6.6.2, 6X2, 6.19, 10.1, 10.4, ............................ 11.2, 12.1, 13.122, 14.7.2 Written Clarifications and Interpretations......_ .......................... 3.6.3, 9.4, 9.11 Written Notice Required -- by CONTRACTOR ............................ 1.1, 9.10-9.I1, ............_....... _...... _...__._.. 10A, 11.2, 12.1 byOWNFr32„_..........__.. 9.10-9.11, 10.4, 11.2, 1114 xv EXDC GENERAL COND7'I1014S 1910-9 (1"0 EDITION) wt CITY OF FORT MUMSMODIRCAMNS MW 9/99) (This page left blank intentionally) -xN SJCDC.O6NBRAL.CONDITIONS 1910•8 (1990 EDITION) wf CITY OF FORT COId" MODIFICATIONS OtFV 9/9% GENERAL CONDITIONS ARTICLF I -DEFINITIONS Wherever used in these General Conditions or in the other Comma . Documents the following terms have the. meanings indicated whichare applimble to, boththe singular and plural thereof LL Addenda: -Written or graphic instruments issued prior to the opermg5 of Birk which clarify, correct or change the Bidding Requireme m or the Codraa Documenta t 1 A ement-The written contract between and CO RACTOR covering the Work to be paformeci; other Contract Do msepts are attached to the. Agreement andmade a part thereof as provided therein. 13. Ayp tic4lim for Paynard-The form acne� dd by I NGINFJIR ,*tall is to be used by CONTRACTOR. in requesting Ixcgreas or final payments and which is to be aaxnnpamed MI such supporting dcurregation as is.. required by the Contract Doeuma lm 1 A. Asbestos• -Arty material that contains more than one percent asbestos aml is friable or is mteasing asbestos fibers into the arc above current action levels established by the United States Occupational Safety and 1lcalth Administration. i S. Aid -The offer or proposal of the bidder submitted on the prescribed fain setting forth the prices for the Work to be performed. 1.6. Bidd rig Dwi menis—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).. 17. .Bidding Requirements --The advertisement m invitation to Bid instructions to bidders, and the Bid form. 1.8. Bonds -Performance and Payment bonds andother instruments of security. 1.9. Otange Order ---A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER. and mahorim an additio, deletion or revisioin the Walt, cr an adjustment in the Contract Price or the Contract Times, issued on or after the Effective. Dole of the Agreement. I.lb. Contract Docr~ls-The Agreement Addenda. (which pertain to the Contract Documents), CONfRACTOtes Bid (including documentation accompanying the Bid and any past Biel documentation. submitted prim to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Corulitions, the Supplementary Conditions, the Specifications and the Drawings m the kJCCX 6f�dtH,V, COtm'U]'fIONs 19105 (199U Edlipal a/ CITY OF FORTCOLtdi'a MOMFICAMONS (RJ Y 4/1"M are more specifically hderi fied in tl or with allWritten Amendments, C C.lanae Directives Field Orders and or 4.2.1 and Ill. Contrail Price -The moneys payable by OWNER to CONTRACTOR for completion of the Work in socorderax with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Wok). 1.11 Contract Times -The numbers of clays m the data stated in the Agreement () to achieve Subaramial Completion, and (it) to complete the Work so that it is ready for fatal peyymmant as evidenced by ENGINESR's written reeaameirdation of final payment in accordimes with paragraph 14.13. 1.13. CONTRACTOR --The persmi, ftmi a cmparation with whom OWNER has enteredinto the. Agreement 1,14. defeofive-An adjective which when modifying theword Wok. mfemm Work that is unsatisfactory, faulty or deficient in that it does net eonfmm to the Comma Ducumems, or does no meet the requirements of any Ana coon, reference standard, test or approval referred to in die Contract Documents, or has heat damaged prim to ENG NEER's recommendation of final payment (unless responsibility fur the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14,5 or 14,10), 1,15, Dtawings•-The drawings which show the scope. extent mid character of the Work to be finished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Comma Docwnema Shop dnwings are not Drawings as so defined 1.16. EfQecinv Date of the Agreement -The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the data on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1,17. ENCIAM-The person, firm or Lorpmetion armed as such in the Agreement. LIS. E'NGIXEMs Cwu bant--A person, lirm or corporation: having a contract with ENGINEER to famish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1,19. Field Order -A written order issued by ENGINEER which orders maim changes in die Work in accordance with paregra, 9.5 but which. does not involve a change in the Comact ce or the Contract Times. 1.20, General Reguiniments—Sections of Division I of the Specifications. 1.21,. Haaardnus Mu& —The tam Hawdwa Waste shall lave the meaning provided in Section 1004 of the Solid Waste 1Jispcsnl Apt (42 USC Samoa 6903) as ama dad . from time to tune.. 132;R, Laws and Rrgulahornsl Laws s A or Rep"onny and all apdwable lewa, rules, regulations,.. ordtnet Les; auks and orders of any and all gowemmerrml bodies;. agencies, authorities and courtshavitgautiadiction. 1.22.6: Legal lfaMCdI a be those holiday* observe d. bytlne�tXQf�crtCdtirta 1,23. Liens —Lions; drargea, security interests,. or ewmnibrances upon raw property orpsomisd property, 124.. it ilesmne."A. 1 event specified in the Contract Documents tebtarg to an intermediate completion date w time prior to Substantial Canpletion of all ft Watr. L25.. Notice OAward-A written rronce by OWNER to. the aplsrem sues-asful bidder statug that upon compliance by flier app o �iccass8nl bidder with the conditions laecalarat enumerated therein, within the tune specified, OWNER will sign and defiver the Agreement. 1 26. Nonce to Praceel-A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Tunes will commence to rim and an which CONTRACTOR shall start to perform CONTRACTORS obligations under the Contract Documents. 1,27. pWAM—The public body or authority, aarrp1wnration. association, firm a person with wham CONTRACTOR has entered into the Agreement ald for whom the Work is to be provided: 1,28, Parriai UNliration—Use by OWNER. of a substantially completed pan of the Work. for the purpose for which itis intended (or a.:related purpose) prior w Substantial .Completion ofall the Work. 129. PCBs —Polychlorinated biphenyls. L30. Peavkmn-PeroIcuc4 including suck oil or any. fraction thereof which is liquidat standard conditions of tan hire and pressrtre (SO dbgross Fahtadsrt and 14, per square inch al tme), such as oil, ptetrolwin, fuel or4 oil sludge, oil refuse, gasoline, kerosene. and oil mixed with other hen -hazardous Wastes and emit oils. 1,31, Prged-The kmal corauuction of whieh the Work to be provident under the Contact Documents may be the whole, or a peat as inlicated elsewhere in. the Ccatrma DoiurneNs 132.a. Radioactive Almerial—Souroc; special ramlem, a byproduct material as defined by the Atomic Energy Act of EXW OEI3GRAL CUNDITIDNS 19103119"Edara) w/ (S7Y OF FORT COLLINS MODIFICATIONS (REV 4Raom) 1954.(42USC Section 2011 at seq.) as amended from time to time. 132.M. R r Worker 7'fours-R tiler workirg boom specified in the General R ffykarrants 133. Resicwb"t PmJed sail az0ve--The aWwrizad representative of ENO whn may be assigned to the site or any pan distract 1.34, Smapl'es—Physical examples of materials,: equipmem, or workmanLsitip that am representative of meportionof the W and which establish the standards by which such portion of the Work will be judged 135. Shop Dravings-All drawings, diagrams: illustrations, sdnodules and otter data a information which are 6ca111Iyy prepared or assembled yyv� or for CONTRAL atdsubmittel'by CONTRACTOR to dlestratesoma portion of the Work- L36: Speclykari7ns-T1 . portions of the Contract Documents consisting of written technical dcscrippttiiaarrss' of mateials� eopniptmank'oonsttucurn system; smrder and workmanship as applied m the Work and. certain administrative details applicable thereto, 1.37, S7ubbcatftwnin-An individual" brat incorporation hmrug a. direct contract with CONTRACTOR or with any other Subcontractor forthe. performance of part of the Work at the site. 1.38, S46sti mtial Comyledon. The Work (or a specified part tl»reo17: has progressed to the point where, in the oprunon o ENGINEER as evidenced. by ENG114EER's definitive certificate of Substantial C.omnletion, n insufficiently complete, in accordance with the d;inmect Documents, so that the Work (or specified Hart) can be utilized for the purposes for which it is intended; a if no such certificate is issued when the Work is complete and ready for foal payment as evidenced by F..NGINEER's written recommendation of final payment in accordance with paragraph 14,13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 1.39. Suppleetentaty Condidoav—The par of the Contract. Ltaumorma which amends or supplements those General Conditions, 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, matertalman or vector having n duet[ contract with CONTRACTOR or with any Subcontractor to furnishmaterials or equipment to be inmrpumted in the Work by CONTRACTOR many Subcontractor. 1 Al. UmkrSmiord PacthtiarAll pipelines, conduits, ducts, cables, wired, manholes, vaults, tanks, Woods a other such facilities or attachments, and an encasarncnts containing such facilities which have been installed underground to fiumsh any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other commumostiow, cable television, sewage mid drainage removal, traffic or other control ayAtlns or water. 1 A2. Unit Price A'iu k-Wmk to be paidfor on the basis. ofund prices. IA3, Woh Thc.: entire completed commutation or the various separately identifiable ppaarrttss thereof required to be furnished order the :Contact Documents Work includes and is the result of performing or furnishing labor and hnriislung and ' ling materials and equipment into the wrnatucttai,. aml:p formug or famishing services and furnishing dixi merts; all as redgrtred by the Contact.: Doammer" tit rk, a responding to differing or unforeseen anditiona under which the Workis to be as provided in pamgmph4.2 or 4.3 a to a under paragraph 6.23. A Work (grange if not charge the Contract price or the Contract is evidence that the parties expoct that the weed or documented by a Work Change vill be .incorporated in a subsequently issued 3er:Rillnwing negotiations by the parties as torts ly, on The CXnaract Price or Contract Tares as I.45: Wrntmn Amendment -A written amendment of the Contract Documents, signed try OWNER. and. CONTRACTOR on or after the Fffective Danof the Agreement and normally dealing with the noncngincering or nomechnial rather than strictly construction- related aspects: of the Contact Documents. ARTICLE 2—PRELIMINARY MATTERS Delivery ofBonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also de "ver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. CoptesofDocam m., 2,2. OWNER. shall furnish to. CONTRACTOR. up to ten copies (unless otherwise specified in the Supplementary Crnatitiona) of the Contract Documents as are reasonably necessary far the execution of the Work. Additional copies will be famished, upon request, at the cost of reproduction. COmmeft"C nt ofCoarrad Timer; Notice to Proceed 23. The Contract Tinges will commence to runon the thirtieth day after the Effective Date of the Agreement, or, ERLiCGENERAL COKX130M 1910-8 (1990 BMW) Wary OF FORT COLLINS MODa9CATIONS (REV 12(00) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to proceed may be given at any lime within thirty days after the Effective Date of the Agreement, In event will the C..a, net Timm to ran lklw'han tlia day atlas the jf�-- Of �Id'nmgOP`the'thlNClh�lyatter'rha'pil}"eOiiYe-fi9f9 uFthcAgr�emenkwhiehever-date-isaarlier. Smiting the Work; 2A. CONTRACTOR shell startto perform the Work on the date when the Contract Times to run but no Work shall be done at the site prior to the date on which the Contract Times commence to run Reform Storting Coin hadion. 4iefore undertaking each part of the Ware„ LACTOR shell carefully study and. compare the t Documents and check and verify pertinent shown thereon and all applicable field aneNs. CONTRACTOR shall promptly report in to ENGINEER a1ry conflict. error, ambiguity or ncy which CONTRACTOR may discover and am a written tauspcem on or clarification . from EER be c ppnnrwreeedni with mnq Work affected however, CCJNTRAC3"OR shall not be liable to R or ENGTNEF,R for failure to report any oralllict; ambiguity or discrepettsy in the Contract arts, unless CONTRAC TOR knew or reasonably 2.6. Width tell dogyss aNar the Effective Date of the ent Agreem(unleaas citherwiw specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminaryprogress schedule indicating the times (numbers of days or dates) for starting and completing the various sages of the Work, including oily Milestones specified in the Contract Doculnems. 2.6.1 a prelimimn y schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such wbmitml; 2.62 1........._Jtt _114__.L 't_._will a schedule_._he acceptable whjc)1.,:a}Iksiiv_S Jess than 21. revs fir inch review byEnaincer 2.6.3. A preliminary schedule of values for all of the Work which will include quantities aml prigs a items aggregating the Contract Price and will subdivide the Work into ecmiponem puns in sufficient detail to serve as the basis for progress payments during construction Such prices willinclude an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR arid OWNER shall each deliver to the etua OWNfiR. with copies to ENGINEF22. ceitifitates of inaltance (and. other evidence of insurance dwA*o a funeltonallp complete Project (a ..a..h ..G hew s ,�.._. fWly. ad�.�.:_QQ_''��rtt ». r _ to. tie: ctmsituded m accordance with which Documents. Work, materials a CO:NTRACTOO V SI%cespnatwniy retptired reasonably beeiinferre4 fr the -Contracted to purchax and maintain m ecwrtanae with. from prevailing custom,. or trade uno as boa par phs S.4,3;N••:eta1•4-7.. produce. the intended result will be it callo Necrosbwodosr Conforreace, words or phrases which ed whether or ohave specifically well -know known M or to a 3.3. Reference so S4andmadn and Speeafto"ant of . rackm dl SedatI04 Repw*v and Resolving 7Jsunp defy 1WA1{liAa0j"e$cJh 1a1ow 2.9, Unless ottierwiao provided in the Contract or association, or to the Laws or Reguletitimof any governmental authority, whether such reference be — �pplaep4iertfi'Fam ace€ before env work at the sits 6euims, specific or by implication, shell mean the [steer a eorderetco attended by CONTRACTOR, ENGINEER standard, speocidim manual, code or Laws or andothersaa dgj ,jryOMMR.will be RegulationsinWadatthe taaoofopenit ofBils(er holed m rev ew or a=pmbihty to ENG INFER as provided on the ERiwtivo Pate of the Agreement ifthere were below the sehakiles submuted in accordance with no Birk}, except as may be otherwise specifically —. 2.6. arld_I�i'rd&i9.u_I_=..S at 845pISnm. stated mtheConbactDocuments. CONC GTORshall have an additional too days to make corrections and odjussments and to complete and resubmit 3.3.2.. It during the performance of the Work, the schauIcs No progress payment shall be made. to CONTRACTOR disomws any conflict, cow, CONTRACTOR until the schedules are submitted to and ambigtnty or discrepancy within the Contract acceptable to ENGINEER as provided below. The Docuotenta or between the. Contract Documents and progress schedule will be acceptable to ENGINEER as any provision of any such Low or Regulation providing an orderly progression of the Work to applicable to the performance of the Work or of any completion within any specified Milestones and the such stmdard, specification, manual or corks of any Contract Times, but such acceptance will neither impose on instruotionofmhySupplies reGxredtoinparagraph 65, ^' ENGINEER sbilittyy for thesequencvv�gg,. scheduling Work retie CONTRACTOR shall report it m ENGINEER in or progress or oarinterfere mthor writing at asca, .and, CONTRACTOR strop not CONTRACTOR from CONTRACTORS bill proceed with the Work affected thereby (o w to an responsibility therefor. CONTRACTOR's schedule of emergency as authorized by paral�aaph 6.23) until an ._ Sample submisSrons well. be acceptable SUM" m ENNCi as providing a workable arrangement for amendment a sic rot to the Contact Documents has been issued ona of the modxKb indicated in reviewing and processing the required stbminak poagmph3.3 or 36; provided. however. that CONTRACTOWs schedule 4 values will be acceptable to CONTRACTOR shah not be liable to OWNER or ENGINEER as to form and substance. ENGINEER. for failure to repon any such conflict, — error; amb�'guity or discrepancy wiles CONTRACTOR :knew or reasonably should have ARTICLE 3—CONTRACT DOCUMENT& INTENT, known thereof AMENDING, REUSE. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be. provided by amendment or supplementthereto issued by one of the :Intent., methods indicated in "grapih.3.5 or 3.6, the provisions of the Contract. Documents shall take 3.1. The Cimttaci.. Docunems compose the entire puewdence in resolving any conflict, wrod; ambiguity agreement between OWNER and CONTRACTOR or discrepancy between the provisions; of the Contract. concerning the Work. The Contract Documents are Documents and: complementary; what is tailed for by one is as binding as if wiled for by alL The Contract Documents will be. 3.3.3.1. the provisions ofany such standard, _ construed in accordance with the law of the place of the specification, mammal, code or instruction (whether Project. or not specifically incorporated by reference in the 3.2. It is the intent of the Contract Documents to Contract Doammentsj; or 4 MCDC.OUKKAL CONDIT1OM 19104499066dm) wl UTY OF FORT CdLUM MMMCA"n0M tEV4r1000)