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BID - 6100 SOUTH COLLEGE BIKE LANES PROJECT (2)
Financial Services Purchasing Division 215 N Mason S1 2 " Floor PO Box 580 Fort Collins CO 80522 970 221 6775 970 221 6707 fcgot com/parchasmg 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 SECTION 00100 INSTRUCTIONS TO BIDDERS performance and furnishing of the Work (except losses and damages within the deductible amounts of property assurance established by OWNER in accordance with paragraph 591 provided they have resulted Goan causes other than the tugirgena tit ( ONTRA( TOR, arty Su entractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable Such lasses shall include settlements made with the written Lonscnt and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of dletennmmg CONTRACTORS fee IL however any such loss or damage requires recanstrucuon and ( ON I RAT OR is placed in charge thereof CONTRACTOR shall be pad for servaes a fee proportionate to that stated in paragraph 116 2 11457 The cost of utilrnet, fticl and sanitary facddies at the site 11458 Minor expenses such as Ucgrams, long distance telephone calla telephone service at the ate expressage and similar petty cash items in corn cum with the Work 114 59 Cust of premiums for additional %ids and assurance required because of chtnges in the Work 1 I � 'I he term ( ost of the Work shall not include any of the following 1151 Payroll costs and other comlensamn of CONTRACTORS officem executives, principals (of partnership and sole proprietorships) gen ral manag Ts, engmeas architects, estimators, attorneys tudaom accountants, purchasing and contracting agents, expediters tanekeepas, clerks and other personnel employed b) CONTRACTOR whether at the site or in CONTRACTORs principal or a branch office for general administration of the Work and not specdically included to the agreed upon schedule of lob classifications referred to in paragmph l l 4 1 or specifically covered bparagraph 11 44aR of which are to be considered aLmi suative costs covered by the CONTRACTOR s fee 11 52 Expenses of (,ONTRACTORs principal and bmmh offices other than CONTRA(TORs office at the site I I o 3 Any part of CONTRACTORS capital expenses, including interest on CONTRACTORS capital employed far the Work and charges agsurA CON1 RA( TOR lot dehnqu m payments 1154 Cost of premiums for all Bonk aid nor all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the dose of premmms covered by subparagraph 114 5 9 above) 11 5 S (,osts due to the negligence of CONTRACTOR any Subcontractor or anyone directly or indirectly employed by my of them or for whose ads arry of them may 1e liable mdudm6 but not landed to the corfectmn of d<jecme Work cl:irsal of materials or equipment wrongly suppled arch make g good any damage to property I 56 Other overhead or general expense casts of arty kind and the costs of tiny item not specrtirally and expressly included in paragraph II4 1 t 6 The (ONTRA('fORs tee allowed to CONTRACTOR for ovahead and profit shall be determined as follows 116 1 a mutually acceptable tixed lee or 1] 6 1 if a faced fee is not agreed upon, then a fee based on the tollowmg percentages of the vanous portions of the Cost of the Work 11 tr 2 1 for costs incurred under paragraphs 114 1 and 11 4 2 the ( ONTRA(TOR s fee dell be fifteen percent It 6 2 2 for costa incurred under paragraph 114 3 the CONTRA(-rORs f e shall be five percent I1 6' i where one or mare tiffs of subcontracts are on the basis of Cost of the Work plus a tee trd no fixed fee ss agreed upon. the intent of paragraphs 114 1 114 2 114 3 and i 1 o 2 is that the SubLontrnctor who tctua% performs or fumtshes the Work at whatever tiff will be laid a fee of fifteen percent of the casts marred by such Subcontractor under paragraphs 1 l 4 I and 1142 and that , y hither seer Subcontractor and CONTRACTOR will each be paid a tee ot five pefeerd of the amount pad to the mxt lower terSubarhtrhiebr to be negotiated in g.QW faith with the OWNER but rot t9 exceod five percent of the amarme m paid to the lower tier Subco ttractor 11624 or, fee shall be payable on the basis of costs itemized under paragraphs 1144 114 5 andll5 1162� the amount of credit to be alloued by CON TRACTOR to OWNER for any oha ge which results in a net decrease in cost rill be the amount of the actual net decrease in cost plus a deduction in CONTRACTORs fee by an Tmount equal to live percent of such net decrease and 11626 when both additions and credits are involved in any die charge the adjustment in CONTRACTORS fee shall be computed an the basis of the net charge in accordance with Paragraphs 116 2 1 through 11 6� 5 inclusive It 7 Whenever the cost of am Work is to he EXIX ( ENERAL CONDIliONS IYIaB (IH90 EJI era) 25 w/ 0TY 0I.1 OR CVLLINS MOnIt7CATICINS (REY Ir M) determined pursuant to paragraphs 114 and 1 I S CONTRACTOR will egablnsh and maintain records thereof in accordance with generally accepted accounting prachces and submit in form acceptable to LNGWECR an iti nrzed coat breakdown together with supporting data Cash Allrmmncas 118 It is understood that CONTRACTOR has included in the Contract Pnw all allmom.es so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptsbleto OWNER and FN( INFFR (ONTRACIOR agrees that 1181 the allowances include the coat to CON f RACI OR (less any applicable made discounts) of materials and equipment required by the allowances to be delivered at the site. and all appbcable tams and 1182 CONTRACTORS cuts for unlcadug and handling on the sae labor Instailanon costs overhead - profit and other xpenses conh.mplated for the allowances have been included in the ( ontraa Nice and not in the allovance% and no demand for additional payment on account of into of the foregoing will he valid - Prior to final Payment an appropriate Change Order will be Issued as recommended by FN(t[NFFR to refl,ct actual amounts due CONT RA( TOR on account of Work covered by allowances, and the ( ontract Price shall be correspondmgly adjugW It 9 Lnrt Pnce Wink 11 9 1 Where the ( Mitring D0CUMom%prov ride that all or pan of the Work is to be Unit Price Work mitially the Contract Price will be deemed to mi.lude for all Lmt Price Work an amount equal to the sum of the established unrt prices for each separately identified item of Unit Price Work Janes the estimated quantity of each item as indicated in the Agreement The estimated quantities of Items of Unit Price Work arc net guaranteed and are solely for the purpose of comparison of Bids and determmmg an mitial Contact Nice Determuvanons of the actual quantities and classifications of Timt Price Work performed by CONTRACTOR will be made by LN(,hN}ZR in awordanne with paragraph 9 10 119 _a hash unit firm will be deemed to includc an amount cunsidered by CONTRACTOR to be Adequate to nova CONTRACTORS mcrhesd and profit for each separately identified item 1193 OWNER or C(1NTR.1C'rOR may make a dawn for an adjustment in the Contract Price in accordance with Artucic 1 I of it 9 3 1 the quamay of any item of Unit Price Work performed by ( ON] RACI OR differs materially and significantly from the estimated quantity of such item indicated in the Agmement h8DC 4LNFGGi CONU`ilO a191"099m E300) 2ti w/CI TYOF FORECULLINS AIODIFICA fIOM(UV 12000) and 11932 there is no corresponding adjustment with respect to any other item of Work and 11933 it CONTRAC rOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is eraitled to a decrease m Contact Pnce and the parties are unabIc to agree as to the amount of any such iraesse ur decrease 11934 CONTRACTOR acknowledaes teat the OWNF R has the right to add or delete items m the Bid or chaa r�uanhties at OWNERS wlc discrehdat without atfaimg the Wntraca Price of env remaimrtg hum w long as the deletion or dobt on does nit exceed twenty live oeramt of the cr gmal total ( onmet Pace U(fICI F 12—(F AN(h OF(ONTRAFTTIMM% 121 I he Contract Ines for Milestones) may only he chmigid by a Change Oils or a Witten to subucnt My claim for an adjustment of the Coraract Times (or Nhlestonu) shall be bated on written notice delivered by the party making the claim to the other party and to MANFER promptly (but in no event later than thirty days) alter the occurrence of the event giving rise to the claim and gating the general nature of the claim None of the extent of the clan with supporting data shall be dehcered within sixty days after such occurrence (unless FN(,INFhR allows additional time to ascertain mor accurate data In support of the chum) and shall be wi,ompamed by the claimants written statement that the adjustment claimed Is the entire adjustment to which the claimant has reason to believe it Is entitled as a result of the mcvrrence of said event All claims far adjustmcrll in the ( ontract Times (or Milestones) shall be determined by FNCINFER In accordance with paiagraph911 If OWNER and CONTRACTOR canna otherwise agree No clam for an adjustment in the ContraU Times (or Milestones) will be valid it not submitted in acaxdanee with the requirements of this paragraph 12 1 122 M time limits stated in the Cmtmet Documents are of the essence of the Agreemua 123 Where CONTRACTOR i% prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR the Contract Times for Milestones) will be extended in m amount equal to unit lost due to such delay if a nliun is made therefor as provided in pmrayaph 12 1 Delays beyond the control of CONTRACTOR shall mcludde but not be limited to was or riep lect by OWNER, acts or neglect of utility mriers or other commaor% performing other work as contemplated by Article? foes floods epidemics, abnormal weather conditions or act% of Cod Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 124 Where CONTRACTOR is prevented from completay, any part of the Work within the Contain Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an cxtenston of the Contract Tunes (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTORs sole and exclusive remedy for such delay In no event shall OWNER be liable to CONTRACTOR any Subcontractor any Supplier any other person or orgmumton or to any surety tar or employee or sent of any of them for damages anstng out of or nsulung from (n) delays caused by a within the contml of the (ON TRACTOR, or (it) delays beyond the control of both parties including, but not limited to fees, floods, epidemics, abnunnal weather conditions. acts of (sod or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7 U2TICIF 13-fF-%TS AND ENSPEC TION% CORRECTION REAIOV 1L OR ACCEPTANCF OF Dt FFCTDP WORK 131 %Once of Defects Prompt nonce of all defective Work of which OWNER or HNC INFFR have actual knowledge will he given to CONTRACTOR All dafectne Work may be rejected, corrected or accepted as provided in this Article 13 Tccess to Work 13 2 OWNT.R, ENGINEER ENGINEERS Consultants, other representatives and personnel of OWNER, mdeNrident testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation. inspecting and testing ( ONTRACTOR shall provide them proper and safe ,undmom for such ac,s yid advis, them of CONTRACTORS site safety procedures and programs an that they may comply therewith as applicable Tests andlnspectamc 133 CONTRACTOR shall 6rve ENGINEER timely nonce of readiness of the Work fur all required inspections, tests or approvals, aril shall woperate with inspection and testm6 personnel to Facilitate required inspecttuns or testa 134 OWNIT( shall employ and pay for the services of an independent testing laboratory to perform all mspe,ucau tests, in approvals required by the Contract Documents except 13 4 1 for inspections, tests or approvals covered by paragraph 13 1 below 13 4' that costs m to red in connection with tests Or mtpecticers conducted pursuant to paragraph 139 below shall be paid as provided in said paragraph 119 ani 1343 as otherwise specifically provided in the Contract Documents. 135 If Laws or Regulations of any public body having jurisdiction require any Work (or part thireot) sptadiotilh, to be inspected, tested or approved by an employe, or other representative of such public body CAN f RACTOR shall assume full responsibility for arra%mg and obtaining such inspections tests or approvals, pay all costs in connection therewith, and furnish FNC M6FR the required certificates of mspec[on, or approval CON7 RACTOR shall also be responsible feu arranging and obtaining and shall pay all casts in connection with arty inspections, tests w approvals required for OWNhRs and ENGINEP R s acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, a equipment submitted for approval prior to CONTRACTORS purchase thereof for incorporation in the Work 136 If anv Work (or the work of others) that is to be inspected_ tested or approved is cowered by CONTRACTOR without written coreumcnec of FNGINFER it muss, if requested by FN(sl\bbdt be uncovered for observation 137 Uncovering W ork as provided in paragraph 13 < slmll be at (ON TRA(T OR s evpene unless; CONTRACTOR lion given hNGINFER timely notice of CONTRACTORs intention to ovr the same and FNC INhFR has not acted with reasonable promptness in response to such notice linos rang Work 13 h It any War is covered conuvy to the written r quest of ENGINEER. it must, if requested by ENGINEER be uncovered for ENGINEERS observation and replaced at CONTRACTORs expense 139 IC FNGINFFR considers it ncwsswy or advi861 that covered Work be observed by ENGINEER or unpmted or tested by odtess, CONTRACTOR it ENGINEERS request, shall uncover expose or otherwise male available for observation, inspection or testing as ENGINEER may require that purbon of the Work in question. famishing all necessary labor material yid equipment If nits found that such Work s defectne CONTRACTOR shall pay all darns, cosLs, losxs and damages caused by arismI, out of nr rmuftm6 from such un,ovennb, exposvre, observation inspection and testing and of satisfactory replacement or reconstruction. (including but not limited to all costs of repair ce replacement of work of others) and OWNER shall be entitled to an appropriate decrease in the Contract Price and of the parties are unable to agree as to the amount thcreo( may make a claim therefor as provided in Article I If however such Work is not found to be def cone ('ON I RA(T OR shall he allowed an macm in the Contract Price or an estasion of the Contract Tomes (or Milestones) or both, directly attributable to such hx UC OhNF.RAL CONDITIONS 19104 haste eat m) 17 W CITY OF 1 OR r CYILLINB MOOIFIC4TIONS (REV 1PM) unwvermg. exposure observation, inspection, testing replacement and reconstruction and of the parties are unable to agree as to the amount or extent thereof CONTRACTOR may make a claim therefor as pro ided m Articles 11 aril 12 OIbNER 31aa Stop the Work 13 10 If the Work is defective or CONTRACTOR fads to supply srQeamt skilled workers or suitable materials or equipment, or fads to filrmsh or perform the Work in sacda a way that the completed Work will conform to the Contract Documents, OWNER may ode ( ON rRA(TOR to st the Work or any potion thereof until the cause for such order has been eliminated however this right of OWNFR to stop the Work shall not give nu to any duty on the pan of OWNER to exmisc, this right for the benefit of CONTRACTOR or any safety or other party ( a ecnon or Remmul ofDefecave Work 13 11 It required by FN( INFER ( ON IRA(TOR shall promptly as dirnctcck either cancer all defective Work whether or not fabricated, installed or completed or if the Work has been rejected by FN( INFFR remove it from the site and replace, it with Work that is not defective CON fRACI OR shall pav all claims, costs, lasses and damages caused by or resulting Gam such uxrcctim or removal (including but not limited to all costs of repair or nplaccmemt of work of others) 13 12 lbmmon Perrod 13 12 1 If within one Yen two years after the date of Substantial Complvuon or such longer period of time as may be prescribed by Laws or Regulations Or by the tams of any apphcsbly special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defectii a CONTRACTOR shall promptly without eat to OWNER and in accordance with OWNERS written vatnictioru (i) correct suO.h defective Work, or d ithas been rejected by OWNER remove it from the site and replace it with Work that is act defective and (i) satisfactorily correct or remove and replace any damage to other W ork or the work of others resulting therefrom It CONTRACTOR does act promptly comply with the terms of such instructions, of m an emergence where delay would cause serious reek of Ices or damage OWNLR may have the defective Work corrected or the rejected Work removed and r placed and all claims, cots. Icsses and damages roused by or resulting from such removal and replacement (including but not limited to all toss of repair or replacement of work of others) will be pad by CONTRACTOR 13 12 2 In special circumstances where i particular item of equipment is placed in wmmuctis service before Substamaal Completion ot all the Work the correction period for that ttem may Start to nos from an earlier rhte if so provided in the Specifications or by Written Amendment 11 1 i 3 Where defecme Work (arid damage to other bHDC OENEftAL COlADMONs 1J 10811990Edt u ) w/ CM OF FOFU COLLM MODIFICAnOM ntEV 11000) Work resulting therefrom) has been corrected. removed or replaced under this paragraph 13 12 the i,oriectam period hereunder with respell to such Work will be c dended for an adehtional period of cote-yaar two year after such correction or removal and replacmment has been absfaconly completed leceptance erfDefective Work 13 13 If instead of requiring umection or removal and replacement of ekfecave Work, OWNER (arid, prior to ENGINEERs recommendation of final payment also FNGINFER) prefers to accept it, OWNER may do so CONTRACTOR shall pay all chins, costs, losses and damages attributable to OWNFRs evaluation of and determination to accept each defective Work (such costs to be uppmvcd by ENGINEER as to re mblmm) If arty such acceptance occurs prior to PNC INFERS recommendation of foal payment a Change Omer will be issued mcsTorating the necessary revision in the Contract Docurmts with respect to the Work and OWNER shall he entitled to an appropriate decrease in the ( ommet Pita, and, if the parties arc unable to agree as to the amount thereof OWNFR may make a claim therefor as provided in Article I If the acceptance occurs after such recommendation, an appropriate amount will be paid by C ONTRAM OR o OWNI•R OWNER 3fap Comci Defecnvro Work 1314 if (ON I RAC rOR tads within a rma ble time after written notice from FNC INFFR to cmr t defechve Work or to remove and mplaa related W ork as n,quacd by FNGINFFR in accordance with paragraph 13 11 or if CONTRACTOR tads to perform the Work in accordant with the Contract Documents, a of CONTRACTOR falls to comply with any Other provision of the ( ontmct Doexinents, OWNER may after severt days written notice to CONTRACTOR corral and remedy any such dehvnency In cur isrng the rights and remedies under this paragraph OWNER shall proceed expeditiously In connecnm with such corrective and remedial action, OWNER may evltde CONTRACTOR from all or part of the site, take poss sa rn of all a pan of Ill, Work and suspend CONTRACTORs services related thereto take ps~ie.ion of CONTRACTORS tools, appliances construction equipment and machinery at the site and merorprxate in the Work all materials and equipment stored at the site or for which OWNER has paid (ONIRACTOR but which are stored elsewhere CONTRACTOR shall albs OWNER OWNERs representatives, agents and empluyem O Wi ERs other cunaactors and ENGINEER and ENGINEERS Consultants amm to the site to enable OWNER to exercise the nt,his and remedies under this pamgnph NI cleans, costs, losses and damages mcumed ur steamed by OWNLR in exercising such rights and remedies will be charged agaaat CONTRACTOR lad a Change Order will be usual mcwporaring the necessary revisions, in the Coramt Documma with respect to the Wort. and OWNER shall be emitted to an appropriate decrease in the ( onuact Price aril, if the parities as unable to agree as to the amount thereof OWNER may make a clam therefor as provided In Article I I Such clmmc caaL£ losses and damages will Include but not be limited to all cots of repair or replacement of work of others destroyed or damaged by correction removal or replacement of CONTRACTORS defective Work CONTRACTOR shall not be allowed an extension of the Contract Tunes (or Milestones) because of arty delay in performance of the Work attributable to the a;=ctsc by OWNER of OWNERS rights and remedies hereunder ARTICLE 14—PAYMENTS TO CONTRACTOR 1ND COMPLETION Schedule of dues 141 1 he schedule of values crtabhshed as provided in paragraph 2 9 will servo as the base for progress payments and will be Incorporated into a form of Application for Payment aoceplable to ENGINEER Progress payments on account of Unit Price Work will he based on the number of units completed 4p plicanrnr far Progress Patmant 142 At least twenty days before the date established for omh progress payment (but not moo, often than one, a month) CONTRACTOR shall submit to ENGINEER fa rcry nw an Application for Payment WU out and signed by ( 01\1 RAM OR covering the Work completed as of the date of the 4pplmation and accompanied by such supporting documentation as is required by the Contract Documents If payment is requested on the basis of materials and equipment not mo,orpmmed in the Work but delivered and suitably stored at the site or at another location agrc,d to in writing, the. Application lot Payment shall also be accompanied by a bill of sale invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and a derce that the materials and equipment ire covered by appropriate property insurance and other armnbe,mems to protect OWNFRs Interest thereat all of which will be satisfactory in OWNER The amount of rdamage, with respect to progress payments will be as stipulated in the Agreement M�fund3 1j are wntFtffelil[ by_jhe OWNER shall not be subsea to sub5lmtlon by the CONTRACTOR with securities or any arranj�ements involving an escrow or ctistudmnship By executing the application for payment form the CONTRAC TOR e(pressI waives [us right to the benef is of Colorado Revised Statutes, Section 14 91 101 et sou CONTR4CTOR s Warranty of Title 143 CONTRACTOR warrants and y uamntees that title W all Work materials and equipment covered by any VphLation for Payment, whether incorporated in the protect or not will pass to OWNER no later than the time of payment free and clear of all Liens Ringm of 4prp1,canons far ProprearPajment 144 ENGINEER will. within ten days after rc.npt of each Apphcatinn for Payment either indicate in writing a E1CDC 4EYERAL CDNDI 110M 19104 (IM Ede m) w 01Y OF I ORrMLLINS MODIFICATIUN (RtV 10M) recommendation of payment and present the Application to OWNER, or remit the Application to CONTRACTOR indicating in writing ENGINEERS reascais for refusing to recommend payment In the latter case CONTRACTOR may make the necessary corrections and resubmit the Application I to days after presentation of the Application for Payment to OWNER with ENGINEERs recommendation. the amount recommended will (subject to the provisions of the last sentence of paragraph 14 7) become due and %hen due will be paid by OWNER to CONTRACTOR 145 bNGINbbRq recommendation of any payment requested in an Application for Payment will constitute a representation by FNCNJ,PR to OWNFR based on I NGINFFRs ensue observations of the executed Work as an expenencul and qudded design pwfmional and on LN( INFFR s review of the Application for Payment and the acounif , uig elate end schedules, that to the best of FN( INFFRsknowledge, information mdbellef 1451 the Work has progressed to the point mdwated, 1411 the quality of the Work is generally in accoxdana with the Contract Docum nts (subject to an evaluation of the Work as a mrwmmung whole prior to or upon Substantial Completion to the ti.sulls of any subsequent tests called fa in the Contract I)ocmnenM to a final determination of quantitim and classifications for Unat Prince Work under pamgmph 9 10 and to any other qualifications stated mthencomm rdation) and 14 > i the conditions prLc cE in to CONTRACTORS being entitled to such payment appear to have, been fulfilled insofar as it is ENGINEER s responsnbihty to observe the Work How ver by reconimendmg any sudh payment ENGENEER %ill not thereby be deemed to have represented that (i)exhaustive or continuous on site inspection have been made to check the quality or the quantity of the Work beyond the rasponsrhdmo.s specifically assigned to ENGINEER in the Contract Documents or (it) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 146 ENGINEER% recommendation of any payment mclacbng fatal payment. shell not mean that ENGINhbR its responsible for ( ONTRACTORs means, methods, techniques, sequences or procedures of cointmcthon. or the safety precautions a d programs meident thereto or for any fadure of CONTRACTOR to comply with Laws and Regulations ippincable to the tumishml, a performance of Work or for any failure of CONIRACIOR to perform or tumish Work in aLocidance with the Contact Documents 147 FIN( INFbR may refuseto recommend the whole a arty part of any payment of in ENGINEERS opumn. it would he incorrect to make the repro tahonq to 19 OWNER referred to in paragraph 14, ENGINEER may also refuse to recommend any such payment or because of subsequently dmcovered evidence or the results of subsequent inspections a tesm nullify any such payment previously recommended, to such extent as may be necessary in FNGINFERa opinion to protect OWNFR from loss because 14 7 1 the Work is defearve or gompleted Work has been damaged requiring correction or replacement 1472 the Contract Price has been reduced by Written Amendment a ( hangs Order 1473 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13 14 or 1474 ENGINEER has actual knowledge of the occurrence of airy of the events enumerated in paragraphs 15 ? 1 through 15 2 4 inclusive UIVNER may refuse to make payment of the full amount recommended by PN( INFER because 147� claims ba.c been made against OWNFR on amount of ( ONTRACI OR s performance or furnishing of the Work 1476 Liens have been filed in connection with the Work except where CONTRACTOR has delivered a specific Bond sanstaetory, to OWNFR to secure th satisfaction and discharge of such Liens, 14 7 7 there are other 2mis entitling OWNFR to a sir oft against the amount recommended or 1478 OWNER has actual knowledge of the occurrence of my of the events entunerated in paragraphs 14 71 through 14 7 3 a paragraphs Is 3 1 through I5 3 4 inclusive but OWNER must give CONTRACTOR immediate written notice (with a copy to FNGINFFR) stating th reasons for such action and promptly pay CONTRACTOR the amount so withheld or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR turrets to OWNERS satisfaction the reasons for such action Substantial Compfe8on 148 When CONTRACTOR considers the entire Work ready for is intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incumplete) and request that ENGINEER issue a certificate of Substantial Completion Within a reasonable tune thereafter OWNER CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion If ENGIINEPR does not consider the Work substannally complete ENGINEER will maily CONTRACTOR in writing giving the reasons therefor If FNCINPER 30 WCM citNFAAL CONgnoYS 1910E g1990 660uu wi c=o( rOR r MLLi M MouincA noN (REV 40000) considers the Work substantially complete ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Cornpletion which shall fix the date of bubstanual Completion There shall be attached to the certificate a tentative list of dents to be completed a corrected before final payment OWNFR shall have seven days after receipt of the tentative certificate during which to make wntten oblectton to ENGINEER as to any provisions of the certificate or attached list If after coretderu>t5 such obleMuum. ENGINEER concludes that the Work is not subsmrarally complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNFR notify CONTRA( fOR in writing stating the reisore therefor If after vortuderation of OWNFRs objections, RNGINFER considers the Work substantially complete, EN( INFER will within said fourteen days exaute and deliver to OWNER and ( ONfRA(I OR a definitive certifiane of Substantial Completion (with a revisal tentative list of items to be completed a corrected) reflecting such changes from the nt teative "indicate as ENGINEER behevesjusttfied after consideration of arty objections from OWNER At the time of delivery of the tentative certificate of SubssMial Completion ENCENEFR will deliver fo OWNFR and CON IRA( TOR a written recommendation as to division of responsibilities pending final payment between OWNER and (ONTRA( I OR with respoct to secunN operation. safety mumenance heat, uulttses, insumm., and warranties and guarantees Unless OWNER and ( ON I RAC fOR agree otherwise m writing and w infomr IsN( INRFX in writing prior to hNGINEh.Rs issuing the definitive c-raficate of Substantial Completion ENGINEBRs aforesaid recommendation will be binding on OWNFR and CONTRACTOR until foal payment 149 OWNER shall have the right to exclude (ONTRACTOR from the Work after the dau, of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable aaess to complete or correct naps on the tentative list Partial Ubbrnbon 1410 tsc by OWNER at OWNFRs option of any substantially completed par of the Work which W has specifically been identified in the Contract Documents, or (a)OWNER, ENGINEER and CONTRACTOR agree constitutes n separately functioning and usable part of the Work that can be used by OWNER for its attended purpose widt significant interference with CONTRACTORS performance of the remainder of the Work may be accomphshud prior to Substantial Completion of all the Work sublet to the fallowin6 14 10 1 OWNER at any tune may re luest CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes k be ready for is intended use and substantially winpletc If CONTRACTOR agrees that sudh part of the Work is substantially ally complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a q.atificate of Substantial Completion for that part of the Work CONTRACTOR at any time mny notdy OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its wended use and substantially complete and request ENGINEER to issue a certificate of Substantal Completion for that part of the Work Within a reasonable time after either such request OWNER CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determme its status of completion If EN(rINbbR does not consider that part of the Work to be substantially complete ENGINEER will notify OWNER and CONTRACTOR in wnurg glvug the reasons therefor If IsN( INMFR considers that part of the Wok to be substantially complete the provisions of paragraphs 14 8 and 14 9 will apply with respect to certification of Substantial ( ompletion of that part of the Work and the dw Sion of responsibility in respect thereof and access thereto 14 11) No occupancy or sepamte operation of part of the Work will be accomplished prim to compliance with the mcluvements of paragraph 5 15 in respect of property insurance FFinallnywhon 14 11 Upon written nonce from ( ONI RA( I OR that the entire Work or an agreed portion thereat is complete INGPvTE P will make a foul coon with OWNER and ( ON 1 RAC1 i and will no-W ( ONI RACTOR in writing of all perticulen in which this inspection reveals that the Work is incomplete or defective ( ONI RACTOR shall immediately take such measures as err, necessary to complete such work or remedy such deficiencos Final tppitcationfor Payment 1412 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in aecordance with the. Contract Documenb all maintenance and operating instructions, schedules. guarantees, Boncb certificates or other evidence of insurance required by paragraph 5 4 ceruftcates of nhspectior% marked up nwrd documents (as provided in paragrapho19) and other documents, CONTRACTOR may make application for final payment following the procedure fix progress payments The land Application for Payment shall be amoopamod (except ss previously delivered) by Wall documentation called Cur in the Contract Documents, includirg but not Wined to the evidence of mamancc required by subparagraph 5413 (u) consent of the surly if any to final payment, and (in)complete and legally effective releases or waivers (setsfactory to OWNER) of all Liens wising out of or filed in connection with the Wok In lieu of such releases or waners of Liens and as approved by OWNER ( ONTRACTOR may fumuh receipts or releases in lull and affidavit of CONTRACTOR that (i) the releases and receipts include all labor services, material and equipment for which a Lien could he filed and (u)all payrolls material and equipment bills. and caller indebtedness connected with the Work for which OWNM R or OWNTsR s property in ight many way be responsible have been paid or otherwise satisfied If anq tiuhcontrscYo or Suppler fans aJCVC OlNER CONt3MoN3 19104(199a 6daan w CliYOFFORTCOLLIM%IODIIICAUONb(I NIOa0 to funush such a release or receipt in full CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of Items and the consent of the surety, to finalise payment are to be submitted on ard_ fomiat of the O WNF R S standard etaject manual Final Payment and 4cceptance 14 13 If on the bass of CMANEERs observation of the Work during construction and foal inspection and M N(ANMERs review of the final Application for Payment and accompanying ductimeraation as required by the (ontract Documem% ENGINbFR is saucfied that the Work has been completed and C,ONTRACfORs other obligations under the Contract Documents have been Wlfilled, hN(, NFFR will within ten days after receipt of the final Application for Payment indicate in writing FI,OINFhRs recommendation of payment and present the Application to OWNER fur payment At the same time MNGINFFR will also give written mice to OWNER and CONTRA( TOR that the Work Is acceptable subject to the provistons of paragraph 1415 Otherwise IN( INFMR will retum the Application to CONTRACTOR militating in writing th, reasons lor refusing to recommend final payment, in which case CONTRACTOR shall make the necessary currcchors and resubmit the Application Thirty days after presentation to OWNI•R of the Application and accompanying doctimentation in appropriate tome and substance and with FNC INEFRs recommendation and notice of acceptability the amount recommcrded by ENGINEER will became due and will be paid by OWNER to CONTRACTOR subect to oaagmnh 1762 of the% General Cgatd1nons 1414 If through no fault of CONTRACTOR tual completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTORS final Application to Payment and recommendation of ENGINEER and without terminating the Agreement, make payment of the balance die (or that Ixation of th Work fully completed and accepted It the remaining balance to be held by OWNER far Work no fully completed m corrected is less than the retahnaye stipulated in the Agreement and if Bonds have been furnished is required in paragraph 5 I the written cumenit of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with th Application im such payment Such payment shall be made under the temis and coohtions govemml, tioil payment except that it shall not constitute a waiver of claims, tYmver ofClmms 14 15 f he making and acceptance ul foal payment will commute 14 15 1 a waiver of all claims by OWNhR against CONTRACTOR except claims ansmg from unsettled I tens, from &fective Work appearing after final inspection pursuant to paragraph 14 11 from failure to comply with the ( ordract Documents Or the terms of any special guaremees specified Iberian. Or from CONTRACTORS contmuaiy obhgatidms under the Contract Ducuments and 14 112 A waiver of all clams by CONTRACTOR against OWNER other than those previously made in wntinb and still unsettled ARTICLE 15 SUSPENSION OF WORK AND T , RNUN ILTION OWNER flair Suspend Work 151 At any tune and without cause OWNER may suspxmd the Work or any portion thereof for a period of not more den ornery Jays by ounce m WAM6 to ( ON rRA( [OR and FN( INF FR whch will fix the date on which Work will be resumed (ON rRA( I OR shall resume the Work on the date so fixed ( ONTRA( rc)R shall he allowed an adjustment in the Contract Pnoe or an ,`derision of the Connm.t Tinos, or both, dirvily attributable to any such suspension If ( ONTRA( I OR makes an approval chin therefor as provided In Articles I I and 12 0WNFR lfay Terminate 152 Upon the ocurr no, of any on or more of the following cv ends 1521 If CONTRACTOR persistently tails to perform the Work in aciardanc, with the Contract Documents (including, but not hinted to failure in supply suffnctent skilled workers or suitable materials Or equipment Or Endure to adhere to the progress schedule csmblahed under pmagmph29 as adjusted from time to time pursuant to paragraph 6 6) 1522 if CONTRACTOR disregards laws or Regulations of any public body having jurisdiction, 15, 3 it CONTRACTOR disregards the authority of LNGINTER, or 1s24 if CONTRACTOR otherwise violates in any substantial way any pruvurons of the Contract Documents OWNER may after giving CONTRACTOR (and the sanely if any) seven dayswritten notice arch to the extent permitted by Laws and Regulations, terminate the servnas of CONTRACTOR exclude CONTRACTOR him the site and take possession of the Work and of all CONTRACfOR5 touts appliances. construction, equipment and machinery at the site and use the same to the full extort they ould be used by CONTRACTOR (without Iabhty to (ON rRA(IOR for trtsfass Or conversion) incorporate in the Work all materials and equipment cored at the site or for which OWNF R has paid aKVC Ut'NaR WNVIatO 3= VS 19la8 (I�aO HOaaq w/ (IlY OF rORT COLD NS MODIFICATIONS ofLV 1/10001 CONTRACTOR but which are stored elsewhere and finish the Work as OWNER may deem expedient In such case CONTRACTOR shall not be entfled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all clarws costs. losses and damages sustained by OWNFR arising cut of or resulting from completing the Work such excess will be paid to CONTRACTOR [f such clauns. costs. losses and damages exceed such unpaid balance CONTRACTOR shall pay the difference to OWNER Such clauns costs, losses snit demal,es mcuned by OWNER will be reviewed by ENGINEER as W their reasonableness and when so approved by FN( INkER incorporated in a ( Paige Order provided that when exercising any rights Or remedies under this paragraph O%k NisR shall far be required to obtain the lowest price for the Work performed 153 Whore ( ON rRA(`I ORs services have been so terminated by OWNER, the termirmuon will not affect any rights Or remedies of OWNER against CONTRACTOR then eust[ry, or which may tficndter Wcnre Any, retention Or payment of moneys due ( ONIRA(TOR by OWNER rail not r leas, CON rRA( I OR train liability 154 upon wv n days written none., to CONIRACTOR and FNCINFhR OWNER may without cause and without prejudice to any Other right or remedy of OWNER elect to terminate the Agreement In such ease C ONI RA( I OR shall be pad (without duplication ofan) items) I14 l for complcted and acceptabl Work executed in accordance with the ( onnact Documents prior to th Motive dat of t mummon Including fair and resemble sums for overhead and profit On such Work 15 4 2 for expenses sustained prior to the effective date of annination in perfonnmg services rind fivnishing Fibor materials Or equipment as required by tie Contrail Documents in connection with uncompleted Work, plus fair and reasonable sums for ovcrhi.dd and profit on such expenses 1543 for all clatms costs losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others and 1s 44 tow rrisomtble expenses directly adnbutible to t,rannation CONTRACTOR shall not be paid (n account of loss of anticipated prufits or revenue or Other eamumlc Ilm ansm6 out of or resulting from such termination COATR IC TOR May Stop Work cr Terminate I S 5 1L through no act Or fault of CON f RAC I OR the Work is suspended for a penod of more than ninety days by OWNER or under an Order of awn or Other public authority fir FNCINEFR tails to ad on any Application for Payment within thirty days after It is submitted a OW NFR tads for thirty days to pay ( ONTRACI OR env suns finally determined to be due then CONTRACTOR may upon seven days written notice in OWNER and ENGINEER, and provided OWNER or ENGINEER do nor remedy such suspenitm or failure within that time terminate the Agreement aril recover from OWNER payment on the same terms as provided in paragraph 15 4 In lieu of terminating the Agreement and without prejudice to any other r1¢ht or remedy if ENGINEER has faded to on an Application for Payment within thirty days after it is submitted, or OWNER has tailed for thirty days to pay CONTRACTOR any sum totally determined to be due CONTRACTOR may upon seven days' written rwlwe to OWNER and ENC WEER stop the World untd payment of all such amounts due CONTRACTOR, including interest thereon the provision of this paZ ph 155 are not intended to preclude C ONTRACTOR fran main clan under Articles I I and 12 for an increase in Comrau t Price or ( orntract 3 rates or otherwise for expenses or damage Justly attributable to CONTRACTORs stopping Wait as permitted by this paragraph ARTICI F 16—DISPUTERFSOI UTION It and w the extent that OWNFR and C ON fRA( TOR have agreed on the method and procodurc for r=1vmg disputes between them that may arise under this Agreem nt, such dispute resolution method and procedure it any shall be as set firth in Fxhihrt(rC A Dispute Resolution Agrem nt to be attached hereto and made a part hereof It no such agrccment on the method and procedure for resolving such disputes has been reached and suhj or to thw provision of peragraphs910 9 11 and 912 OW'NUZ and CONTRACTOR may exercise such rights or ri,mcdies as either may otho.rwi% have under the Contract Documents or by Laws or Regulations in respect of any dispute ARTICLE 17—MISCELLANEOUS Griwig Nonce 171 Whenever any provision of the Contract Documents requires the giving of written nonce it will be deemed to have been validly given it delivered in person to the individual or to a member of the firm a to an officer of the c,xpmtiun for whom it is mtendcd or if delivered at a sent by registered or certified mail portage prepaid, to the last business addmss known to the giver of the notice 172. CompatauonofTone 17 2 1 When arty penod of tune its referral to in the Contract Documents by days, it will be computed to cxclmle the first and include the last day of such period If the last day of any such penal falls on a Saturday or Sanday or on a day made a legal holuLa by the law of the applicable jurlsdretitm, such day will he omitted from the comlputntwn 1721 A calendar day of twenty four hoursmeasured from midnight to the next midnight will constitute a day Nonce of ( lam 173 Should OWNER or CONTRACTOR softer injury or damage to person or property because of arty error omisswn or act of the other party or of any of the other partiess employees or a6ents or others for whose acts the other parry u le6ally liable clan will be made in writing to the other party within a reasonable time of the fma observance of such injury or damage The provisions of this paragraph 17 3 stall not be construed as a substitute for or a waiver of the provcsions of am applicable statute of limitations or repose Cnmalahre Rernede& 174 The duties and obligation unposed by these (rcneral ( ordntions and the rights and remedies available li muttder to the parties hereto and. in panwulw but without limitation, the warranties, guarantees and obligations imposed upon CONTRA( rOR by paragraphs 61't 616 630 631 612 131 1312 1114 14 3 and 151 and all of the rights and comedies available w OWNFR and ENGTNFFR thereunder an in addition to and are not to be construed in any way as a lumution of any nghts and remubes available to any or all of them which are otherwise imposed or available by Laws or Regulation by spcual warranty or guarantee or by other provisions of the ( intact tact Documents, and the prayrsl IS of this paragraph will be as effective as tf repeated speclfxnR) in the Contract Documents in connection with each particular duty obligation, right and remedy to which they apply Profesuorral Pear and ( awl Cmis Included 171 Whenever mlerence is made to clamu, cols lossss and damages it shall include in each c%% but not be limited to all fees and charges of engineer& architects, atwme)s and other professionals and all wort m arbitration or other dispute resolution casts 176 The lawy of the $rote of Colorado apply to this Veemenl Reference to two pertinent Colorado statutes we as tollows 1761 Colorado Revised JAalutes JCRs 8 17101d re tie that Colorado labor be employed to orin the Wort. to the extent o rot less than 80 percent i9 of each or class of labor in the several classrficauons of Bled and common labor employed on the mormt. Colorado labor mean any person who is a bom fide resident of the State of Colorado it the time of employment, without discrimination as to race color, creed age mhsan or scx. 176.2 If a Jain is filed OWNER is reouued by law ((,RS 38 ^6-107) to witlilwld Crap ag oevmertls w CONTRACTOR sufLcneN funds to insure the payment of all claims for Isbar materials team -him sustenanc visipm rimscrider.or other sir Ines used or consumed by ( ONITRA(TOR or his EXI)c OhNE CroNU1T10NS 19104(19ME31 u) 33 wi aT OF i ok r cviLU NS MODIMATIONS(KEN IQOU)i F CDC DhNF CONDIMM 19104 (IM9 ,ht u0 34 wfarYoFrORr COLLINSMODIIICAI]ONS(REV IPO 0) 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 iTYas page left Hank In entimally ) ERDC GENERAL CONDITIONS 19104 (1990 Eat ml 35 w, a N Ot FORT CCILLINS MODIF7CAT1ON5 (REV IPM) hXVCOhNFRAL CONDIIIOY 19104(1990EM.) 36 wary OF roRTMLLIMMMMCAf1OM(RLV 120001 EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the (reneral Conditions of the Construction Contract between OWNbR and CONCRA(-rOR is amended to include the followui6 agreement of the parties 161 All chuns, disputes and other matters in question betaveen OWNER and CONTRACTOR arcing out of or relating to the Contract Eccuments or the breach th reof (accept for claims which have been waived by the making or acceptance of final payment as provided by paragraph 1415) will be decided by arbitration in accordance with the (txisbvction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Artcle 16 This agreement an to arbitrate and any other agreement or consent to arbitrate entered into In accordance herewith as provided In this saticle 16 will be speclficall} enforceable underthe prevailing law of any court having juriadicuon 161 No demand for arbitration of any claim dispute or other matter that is required to be referred to ENGINEER uutrslly, for decision in accordirtce with paragraph 9 11 will be made until the earlier of (a) the date on which FN( INEI R has rendered a written decision or (b) the thirty lirs day after the parties have presented thud eu iderece to ENGINEER if a written decision has not been rendcmd by 14NGINFER befor that date No demand tar arbariuon of any suit clam dispute or other matter will be made later than thirty days alter the date on which FN(rINFFR has rm&red a written decision In respect thereof in accordance with paragraph 9 11 and the failure to demand arbitration within said thirty days' period will result in ENGMURs decision being final rind binding upon OWNER and CON rRACFOR If CN(ANhZR renders a decision after arbitration proceedings have been initiated, such deusion may be emered as evidence but will net supersede the arbitration proceedings, exoept where the decision is acceptable to the parties cortcemed No demand for arbitration of any written decision of rN(,INEER rendered in accordance with paragraph 9 10 will be made later than ten days after the party mekirlj, such demand has delivered written notice of intention to appeal as provided in paragraph 9 10 163 Note of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association and a copy will be sent to ENGINEER for Information The demand for arbitration will be made within the tduny-day or ten-day period specified in paragraph 16 2 as applicable and in all other taus within a reasonable time after the clean dispute or other matter in question has arisen and in no event stall any such demand be made after the date when institution of legal or equitable proceedings baud on such clam dispute err other matte in question would be band by the applicable statute of Lmrtauo os LXIX OENERAI. C ONDITIONS 1)10. IIYio E6tim sot CITY OF FORT COLT INS MODIFIC MONS (RFV 999) 164 Except as provided in paragraph 16 5 below no arbitration ansmC out of or relating in the Contract Documents shall include by consohcWuon, joinder or in any other manner any other person or ewty (tncludml, EN(ANEER. ENGINEERS Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a parry to this contract unless 16 4 1 the mcluaton of such other person or may Is necessary if wmplete relief is to be afforded among thou who we already parties to the arbitration and 1641 such other person or merry rs substantially involved in a question of law or fact which is common to those who ire already parties to the arbitration and which will tnu in such proceedings, and 16 4 3 the written consent of the other person or entity sought to be included and of OWNER and ( ON] RA( FOR has been obtained for soon inclusion which c.0 sent shall make speufic reference to this paragraph but on such correm shall constitute consent to arbitration of any dispute not specifically dcuribcd in such cotserit or to arbitration with any Mrty not specifically identified in such consent 165 Ntawnhstandmi; paragraph 16 4 it a claim dispute or other matter in question between OWNFR and CONTRACTOR involves the Wok of a Subcoamctor either OWNhR Or ( ONI RAC FOR may join such Subcontractorns a party to the arbitration between OWNhR and COMI RA( FOR hereunder CONTRACTOR shall mclude in all subcontracts required by paragraph 611 a specific provision whereby the Subeottractor coreents to being joined in an arbitration betwcm OWNFR and CONTRACTOR involving the Work of such Subtontraetor Nothing in this paragraph 16 s nor in the pros Istort of such subcontract consenting to joinder shall create any chum right or cause of action in favor of Subcontractor and against OWNER ENGINEER or ENGINEERs Consultants that does not otherwise exist 166 The awed rendered by the arbitrators will be final judgment may be entered upon it in my court having jurisdiction therecC and it will not be subject to modification or appeal 167 OWNER and (ONTRACTOR agree that they shall first submit any and all unsettled clams, counterclaims, disputes and other matters in question between them ansing out of or relating to the Contract L\x Unnmis or the breach therein ( disputes ) to mediation by the American Arbitration Ass aauom tinder the Construction Industry Mediation Rules of the American Mbnratien Association pnor to either of them mit atmb against the other A demand for arbitrabon pursuant to paragraphs 161 through 166 unless delay in mitmting arbitration would irrevocably prejudtee one of th, parties the respeWve thirty and ten day time limits within whi h to tote a demand for arbitration as provided in paragmplu 16 2 and 16 3 above shall be suspended with respect to a dispute submitted to mediation within thou same applicable time limits and shall remain suspended until ten days after the termination of the mediation Fhe mediator of any dispute submitted to mediation underthis Agreement shall not sere a at arbitmtur of such dispute unless otherwise agreed t(- At FJCIXCENERM CONDITIONS19108(1990FAI.) w CITY OFFORTCOLLINSMODIFICATIOM(REV 9191) (� vI 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 Rev 10/20/07 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 0 $ 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 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 Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER City of Fort Collins PROJECT APPLICATION NUMBER APPLICATION DATE PERIOD BEGINNING ENGINEER CONTRACTOR PERIOD ENDING PROJECT NUMBER CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows 1 2 Original Contract Amount 3 Net Change by Change Order Current contract Amount $0 00 Total Completed and Stored to Date Less Previous Applications Amount Due this Application Before Retainage $0 00 Less Retamage Net Change by Change Order $0 00 AMOUNT DUE THIS APPLICATION $0 00 CERTIFICATION The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14 3 of the General Conditions of the Contract The above Amount Due This Application is requested by the CONTRACTOR I Date By Payment of the above Amount Due This Application is recommended by the ENGINEER Date By Payment of the above Amount Due This Application has been reviewed by the OWNERS Project Manager Date By Payment of the above Amount Due This Application is approved by the OWNER Rev 10/20/07 Section 00960 Page 1 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2OF4 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 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 Cty Amount Qty Amount Period Date Billed 000 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $o 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 1 $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 Project Special Provisions March 2008 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 SCOPE OF WORK- - -- -- — — --- ----- -- _- REVISION OF SECTION 105 -- — -- ----- -- --- --_ _ CONTROL OF WORK-- — — ---- — --- --- --- _—_ REVISION OF SECTION 105 - — -- — -- --- - -- -- _ CLAIMS FOR CONTRACT ADJUSTMENT - --- -- -- — ---- REVISION OF SECTION 106--- ---------- -- — --- CONTROL OF MATERIAL- REVISION OF SECTION 107 — — - — --- -- - -- -- _ INSURANCE -- ----- - - - — -- —__ — REVISION OF SECTION 107 -- --- — -- - ENVIRONMENTAL CONTROLS --- - - - ------ REVISION OF SECTION 108 - -- -- — — -- PROSECUTION AND PROGRESS - - -- - — REVISION OF SECTION 201 — -- — — ----- CLEARING AND GRUBBING -- --- - — ---- REVISION OF SECTION 207 -- — -- — -- Tnoenn REVISION OF SECTION 210 ----- - — -- -- RESET IRRIGATION SYSTEM -- — ---- — -- REVISION OF SECTION 304 - — - -- --- — - AGGREGATE BASE COURSE-- — — -- ------ REVISION OF SECTION 403 ---- -- -- — — — 7 -- -- - — - 12 -- — --- -- - -- -12 ---------18 — --- — -- --- — 19 ---------24 ----- — --- - -- 24 --- -- -- --------- - --- 25 -- — --- — - -- 25 -- --- -- ----------- — - 28 ---- ---- ------ -28 --- — ---- ---- --- - - - — 32 ---- — --- — — - — -- 32 --------- 33 --- --- -- — -- - - — 33 --- -- — — — — -- -- HOT MIX ASPHALT-- — -- --- -- -------- _— REVISION OF SECTION 514 - — —--------- -- _-- PEDESTRIAN RAILING (STEEL)- — - - --- ---- -- -_ REVISION of SECTION 519- STONE VENEER REVISION OF SECTION 601_— MISCELLANEOUS CONCRETE CLASS B MODIFIED -- -- — - REVISION OF SECTION 608 - --- — ----- --- -- --__, SIDEWALKS AND BIKEWAYS --- REVISION OF SECTION 608 — ---- - - ---- --_ _— _ CONCRETE CURB RAMP (SPECIAL) - — — --- --- — ___ 2 FHU Reference No 04 143 411 2008 1 32 49 PM ------------ --- — -34 -- — — — - — ----35 -- --- -- --- -- 35 --- —-----36 ---- ------ - — 36 -- --- — -- - — -- 37 -- - — --- - - -- - 37 -- — -- — - — --- 40 --- -- --- -- - -- -- 40 -- — -- -- - --- 43 52 --- -- - -- - 52 -— —-----53 - — -- -- -- — 53 US 2871S College Ave Bike Lanes Project Special Provisions REVISION OF SECTION 609 --- --- — -- -- CURB AND GUTTER --- -- ---- ----- — — REVISION OF SECTION 610 --- -- -- — -- MEDIAN COVER MATERIAL --- -- -- — — REVISION OF SECTION 614----- -- — — -- TUBULAR STEEL SIGN SUPPORT--- -- — --- — TRAFFIC CONTROL PLAN GENERAL-------- -- UTILITIES — ----------- — — FORCE ACCOUNT ITEMS -------- — — 3 FHU Reference No 04 143 V1B WS 13249 PM March 2008 CDOT Project No STE M455-063 CDOT Subaccount No 14363 -- — ---- --- --- -- — 54 --- — -- —----------- 54 -- — — — — — — -- -- ----- 55 -------- ----- -- ------ 55 ------ -- — ----- -- -- 56 -- — -- -- -- — — -- ------ 56 --- — — -- ---- ----- -- 58 — — -- — -- -- ---- — --- 61 -- — ---- — -- ----- --- — — 62 US 2871S 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 UDBE" 8% Percent The percentage will be calculated from proposals received for this project according to the following formula *Dollar amount of work to be contracted to underutilized DBEs (UDBEs) Percentage = 100 X - -- - -- - -- - - - --- -- - --- --- - ---- - 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 FHU Reference No 04 143 4P1 008 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 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 FHU Reference No 04 143 W1WW8 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 protect FHU Reference No 04 143 4118 W8 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 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 FHU Reference No 04 143 411 W2009 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 a In the event that the subsurface or latent physical conditions are found materially different from those indicated in these Documents and differing materially from those ordinarily encountered and generally recognized as inherent in the character of work covered in these Contract Documents the Contractor shall promptly and before such conditions are disturbed notify the Engineer in writing of such changed conditions b The Engineer will investigate such conditions promptly and following this investigation the Contractor shall proceed with the work unless otherwise instructed by the Engineer If the Engineer finds that such conditions do so materially differ and cause an increase or decrease in the cost of or in the time required for performing the work the Engineer will recommend to the Owner the amount of adjustment in cost and time he considers reasonable The Owner will make the final decision on all Change Orders to the Contract regarding any adjustment in cost or time for completion 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 Contractors 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 FHU Reference No 04 143 4116 W813249 PM US 2871S 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 Contractors 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 V1WW8 1 U 49 PM US 2871S College Ave Bike Lanes Project Special Provisions -4 REVISION OF SECTION 104 SCOPE OF WORK March 2008 COOT Project No STE M455-063 CDOT Subaccount No 14363 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 Contractors 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 Contractors 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 Contractors 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 Owners 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 V18 00813248PM US 2871S College Ave Bike Lanes Project Special Provisions 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 Owners 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 4/1WW8 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 Contractors responsibility to assure that previously accepted documents are destroyed when they are superseded by a resubmittal as such 4 It shall be the Contractors responsibility to ensure that required items are corrected and resubmitted Any work done before approval shall be at the Contractors 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 4li WB 13249PM 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 manufacturers package or are so functionally related that expediency indicates checking or review of the group or package as a whole 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 B 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 QI1 W813]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 Contractors 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 nsk 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 4I16M08 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 1 The term shop drawings includes drawings diagrams layouts schematic descriptive literature illustrations schedules performance and test data and similar materials furnished by Contractor to explain in detail specific portions of the work required by the Contract 2 Contractor shall coordinate all such drawings and review them for legibility accuracy completeness and compliance with contract requirements and shall indicate this approval thereon as evidence of such coordination and review Shop drawing submitted to the Engineer without evidence of Contractors approval will be returned for resubmission 3 Shop drawing shall be clearly identified with the name and protect 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 (Contractors 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 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 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 Engineers 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 41160008 1 3249 PM US 2871S 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 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 Contractors 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 W18 00813249 PM 9 0 SUBSTITUTE P 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 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 protect 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 Q16QO08 1 82 49 PM US 2871S College Ave Bike Lanes March 2008 Project Special Provisions 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 4 MMB 132 49 FM US 2871S College Ave Bike Lanes Project Special Provisions March 2008 CDOT Pro/ect 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 protect as follows Subsection 106 01 shall include Substitutions and Product Options A Description 1 This section describes the procedure required by the Contractor for product substitutions 2 Requests for Substitution a Base all bids on materials equipment and procedures specified b Certain types of equipment and kinds of material are described in specifications by means of trade names and catalog numbers and/or manufacturers 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 manufacturers names capable of accomplishing purpose of types of equipment or kinds of material specifically indicated c Other types of equipment and kinds of material may be acceptable to the Owner and Engineer a Types of equipment kinds of material and methods of construction if not specifically indicated must be approved in writing by Engineer and the Owner 3 Submission of Requests for Substitution a After Notice to Proceed the Owner/Engineer will consider written requests for substitutions of products materials systems or other items b The Engineer reserves the right to require substitute items to comply color and pattern -wise with base specified items if necessary to secure design intent c Submit six (6) copies of request for substitution Include in request 1) Complete data substantiating compliance of proposed substitute with Contract Documents 19 FHU Reference No 04 143 vmao913 49 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 manufacturers name n Manufacturers 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 ni Name and address of similar protects on which product was used date of installation and field performance data 3) For construction methods Detailed description of proposed method u 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 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 04 143 411 ¢WB 132 49 PM US 2871S College Ave Bike Lanes March 2008 Project Special Provisions CDOT Project No STE M455-063 CDOT Subaccount No 14363 3 REVISION OF SECTION 106 CONTROL OF MATERIAL 4) He waives all claims for additional costs related to substitution which subsequently become apparent Substitutions Request sufficiently in advance to avoid delay in construction Contractors Option For products specified only by reference standards select any product meeting standards by any manufacturer indicate selected type in submission For products specified by naming several products or manufacturers select any product and manufacturer named indicate selected type in submission For products specified by naming one or more products but indicating option of selecting equivalent products by stating or equivalent after specified product Contractor must submit request as required for substitution for any product not specifically named 6 Rejection of Substitution or Optional Item Substitutions and/or options will not be considered if they are indicated or implied on shop drawings or project data submittals without formal request submitted in accordance with this section Subsection 106 03 shall include Materials Testing A Provide such equipment and facilities as are required for conducting field tests and for collecting and forwarding samples Do not use any materials or equipment represented by samples until tests if required have been made and the materials or equipment found to be acceptable Any product which becomes unfit for use after approval thereof shall not be incorporated into the work B Tests shall be made by an accredited testing laboratory selected by the Owner Except as otherwise provided sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM) and the American Association of Highway and Transportation officials (AASHTO) 21 FHU Reference No 04 143 4116Q008 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 Owners Responsibilities 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 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 4/1W008 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 4116QWB 1 n 49 PM US 2871S College Ave Bike Lanes Project Special Provisions March, 2008 CDOT Project No STE M455A63 CDOT Subaccount No 14363 REVISION OF SECTION 107 INSURANCE Section 107 18 is hereby revised to read For this project all insurance certificates shall name the Colorado Department of Transportation as an additionally insured party 24 FHU Reference No 04 143 418 W813249PM US 2871S College Ave Bike Lanes Project Special Provisions March, 2008 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 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 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 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 4118200E 13249 PM US 2871S College Ave Bike Lanes Project Special Provisions D Disposal March, 2008 CDOT Project No STE M455-063 CDOT Subaccount No 14363 2- REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS 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 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 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 Water Control A portion of the protect 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 in 26 FHU Reference No 04 143 411WO08 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 US 2871S College Ave Bike Lanes Project Special Provisions H Permits March,2008 CDOT Project No STE M455-063 CDOT Subaccount No 14363 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 Dewatenng Permit from the Colorado State Health Department for any dewatenng 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 Dewatenng Permit 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 Contractors possession prior to beginning the Work The Contractor shall provide the Owner with a copy of all applicable permits on the Protect 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 Ql MO08 1 32 49 PM US 2871E College Ave Bike Lanes March 2008 Project Special Provisions CDOT Protect 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 Contractors Superintendent 2 Contractors 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 Contractors tentative Schedule Permit applications and submittals including Dewatenng Permit Erosion and Sediment Control Plan and Traffic Control Plan Transmittal review and distribution of Contractors submittals Processing applications for payment Maintaining record documents Critical work sequencing Field decision and change orders Use of premises office and storage areas staging area security housekeeping and Owners needs Contractors assignment of safety and first aid 28 FHU Reference No 04 143 4/16 via 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 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 Contractors work and thus required additional time to complete the work 29 FHU Reference No 04 143 4116QO08 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- 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 (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 Contractors 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 4/1WW8 1 32 4B PM US 2871E College Ave Bike Lanes March, 2008 Project Special Provisions 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 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 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 04 143 411 W008 132 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 Clearing and Grubbing Lump Sum 32 FHU Reference No 04 143 416 WB 13249 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 4/IMM6 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 4/1MM8 132 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 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 70303 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 VIM008 1 32 49 PM US 2871S College Ave Bike Lanes Protect Special Provisions March,2008 CDOT Protect No STE M455-063 CDOTSubaccountNo 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 Larnmer 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 36 FHU Reference No 04 143 4/lfi OD813249PM 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 US 2871S 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 Field -measurement of wall construction shall be conducted prior to development of shop drawings to verify required dimensioning of railing Indicate profiles sizes connection attachments reinforcing anchorage openings size and type of fasteners and any accessories Include erection drawings elevations applicable details and field dimensions Indicate welded connection using standard AWS welding symbols Indicate net weld lengths Samples Submit material information as listed in the following One sample railing panel will be erected prior to mass fabrication of the entire quantity called for Do not order materials or begin fabrication until Engineers review of submittals has been completed and returned 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 V1 WW8 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 V16QO081] 46PM US 2871S College Ave Bike Lanes Project Special Provisions March 2008 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 protect 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 Pedestrian Railing (Steel) 39 FHU Reference No 04 143 4/16 W913249 PM Pay Unit Linear Foot US 2871S College Ave Bike Lanes Project Special Provisions March, 2008 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 Portland Cement Masonry Mortar (Type S) ASTM C91 ASTM C150 ASTM C270 The contractor shall coordinate material selection with the City Planned material type will have a Moss Rock finish 51903 Stone Veneer Stone veneer products shall be precast artificial stone similar in color and texture to natural stone in afield 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 protect 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 41W008 1 3249 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 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 04 143 411 WW8 132 49 PM US 2871S College Ave Bike Lanes Project Special Provisions 3- SECTION 519 STONE VENEER BASIS OF PAYMENT March,2008 CDOT Project No STE M455-063 CDOT Subaccount No 14363 51907 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 Stone Veneer 42 FHU Reference No 04 143 Q1B 00813249PM Pay Unit Square Foot 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 Section 601 of the Standard Specifications is hereby revised for this project as follows PART 1 GENERAL 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 lob 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 103 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 104 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 4000 psi Cement/Fly Ash 615 Ibs /cu yd Min Max Water/Cement Ratio 045 Air Content % Range 58 Maximum Slump 4 Fine Aggregate (max % of total Aggregate) 50% 43 FHU Reference No 04 143 Q16ROOB 132 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 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 1 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 % Passing or Test Procedure Test Requirement 1 Inch 100 % Inch 90 100 3/8 Inch 2055 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 Requirement 3/8Inch 100 No 4 95 100 No 16 45 80 No 50 10 - 30 No 100 2 - 10 No 200 3 Max Friable Particles % 1 0 Max Coal & Lignite % 1 0 Max Deleterious Material (AASHTO T 112) % 3 Max Sand Equivalent (AASHTO T 176) % 80 Min Fineness Modules 2 50 - 3 50 Sodium Sulfate Soundness % 20 0 Max 44 FHU Reference No 04 143 411 I W8 13249 PM US 2871S 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 4116QO08 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 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 chlonde 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 Engineers approval Filled sections shall be compacted and compaction shall extend a minimum of six inches outside the form Imes 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 A4 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 Q1WW8 1 3249 PM 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 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 411WO08 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 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 ram shall be required to be removed and replaced at the CONTRACTOR s expense 48 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 -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 39 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 504F nor more than 80 F at the time of placing it in forms unless otherwise directed C If au temperature is 354F 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 '/4 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 '/.-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 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 4118200B 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 8 REVISION OF SECTION 601 MISCELLANEOUS CONCRETE CLASS B MODIFIED Any crack that extends through a joint shall require removal and replacement of the entire cracked area Any longitudinal cracked section of concrete will require complete removal and replacement of that section between joints 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 310 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 U1 WW8 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 Pnor to backfillmg 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 311 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 VlWWB 13249 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 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 70501 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 Q1WW8 1 32 49 PM US 2871S College Ave Bike Lanes Protect Special Provisions March, 2008 CDOT Protect 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 protect 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 411WMS 132 49 PM Pay Unit Square Yard US 2871S 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 70501 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 V1WW8 13 49 PM Pay Unit Linear Feet US 2871S 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 70501 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 Pay Item Median Cover Material (Concrete) 55 FHU Reference No 04 143 Vl1 M813249 PM Pay Unit Square Foot US 2871S College Ave Bike Lanes Project Special Provisions March 2008 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 manufacturers recommendations The Contractor shall make all arrangements to have a manufacturer trained installer of the manufacturers 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 installers 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 manufacturers 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 4/lMW8 1 3249 PM OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work Said taxes shall not be included in the Contract Price Reference is made to the General and Supplementary Conditions 21 0 RETAINAGE Provisions concerning retainage are set forth in the Agreement 22 0 PURCHASING RESTRICTIONS Purchasing restrictions The Bidder's authorized signature of this Bid assures the Bidder s compliance with the City s purchasing restrictions A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office A Cement Restrictions City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel 23 0 COLLUSIVE OR SHAM BIDS Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid 24 0 BID RESULTS For information regarding results for individual Bids send a self- addressed self -stamped envelope and a Bid tally will be mailed to you Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening END OF SECTION Rev 10/20/07 Section 00100 Page 8 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 manufacturers 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 0/16QO08 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 Contractors method of handling traffic (MHT) are outlined in Subsection 63009 The components of the TCP for this protect are included in the following • City of Fort Collins Work Area Traffic Control Handbook Manual of Uniform Traffic Control Devices (U S Department of Transportation) or applicable statutory requirements of authority having jurisdiction Fort Collins Handbook takes precedence over Manual of Uniform Traffic Control Devices • Section 630 of the specifications • Revision of Sections 100 104 and 108 of these Project Specifications • Standard Plan S-630-1 Traffic Controls for Highway Construction Case and Standard Plan S 630-2 • 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 4116QWB 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 I 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 Contractors 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 4116n008 132 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 contractors 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 projects 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 411WMS 13249 PM US 2871S 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 4/18 00813249 PM US 2871S 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 41182008 1 M 49 PM STANDARD SPECIAL PROVISIONS FHU Reference No 04 143 4/lMW8 1 32 49 PM SSP Index 02 15 08 [For 2005 Spec Book] COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS STANDARD SPECIAL PROVISIONS Date No of Pages Revision of Section 101 — Falsework Formwork and Shoring (Nov 30 2006) 1 Revision of Section 104 — Value Engineering Change Proposals (August 1 2005) 5 Revision of Section 105 — Conformity to the Contract (January 17 2008) 1 Revision of Section 105 — Violation of Working Time Limitation (August 1 2005) 1 Revision of Section 106 — Certificates of Compliance and Certified Test Reports (June 29 2006) 1 Revision of Sections 106 and 601 — Concrete Sampling and Pumping (June 7 2007) 2 Revision of Section 107 — Project Safety Planning (August 1 2005) 3 Revision of Section 107 — Responsibility for Damage Claims Insurance Types and Coverage Limits (August 1 2005) 2 Revision of Section 107 — Ton Mile Taxes (April 12 2007) 1 Revision of Section 108 — Liquidated Damages (October 25 2007) 1 Revision of Section 108 — Payment Schedule (October 11 2006) 1 Revision of Section 109 — Compensation of Compensable Delays (January 17 2008) 1 Revision of Section 109 — Fuel Cost Adjustment (Nov 30 2006) 1 Revision of Section 109 — Measurement of Quantities (August 1 2005) 1 Revision of Section 203 — Embankment (October 25 2007) 1 Revision of Section 208 — Storm Drain Inlet Protection (October 25 2007) 1 Revision of Section 212 — Seeding Seasons (Apnl 12 2007) 1 Revision of Section 601 — Forms and Falsework (Nov 30 2006) 1 Revision of Sections 601 606 608 609 and 618 — Concrete Finishing (Apnl 12 2007) 1 Revision of Sections 601 and 701 — Structural Concrete (January 17 2008) 10 Revision of Section 614 —Tubular Steel Sign Support (Apn17 2006) 2 Revision of Sections 614 and 630 — Retroreflective Sign Sheeting (Sept 2 2005) 1 Revision of Section 627 — Pavement Marking (Apnl 12 2007) 2 Revision of Sections 627 and 713 — Preformed Plastic Pavement Marking (October 13 2005) 3 Revision of Section 630 — Construction Zone Traffic Control (Apn17 2006) 1 Revision of Section 630 — Method of Handling Traffic (Apn17 2006) 1 Revision of Section 630 — NCHRP 350 Requirements (August 2 2007) 1 Revision of Section 630 — Payment for Construction Traffic Control Devices (June 7 2007) 1 Revision of Section 630 — Portable Sign Storage (August 1 2005) 1 Revision of Section 702 — Bituminous Materials (January 17 2008) 10 Revision of Section 712 — Hydrated Lime (January 17 2008) 1 Affirmative Action Requirements — Equal Employment Opportunity (August 1 2005) 10 Disadvantaged Business Enterprise — Definitions and Requirements (Dec 8 2005) 12 Minimum Wages Colorado U S Department of Labor General Decision Numbers CO20080014 and CO20080015 MOD 3 Highway Construction Statewide (February 15 2008) 9 On the Job Training (January 17 2008) 5 Partnenng Program (Apnl7 2006) 1 Required Contract Provisions — Federal Aid Construction Contracts (August 1 2005) 11 FHU Reference No 04 143 411MOOS 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 protect 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 10190 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 411WOOB 1 n 49 PM August 1 2005 REVISION OF SECTION 104 VALUE ENGINEERING CHANGE PROPOSALS Section 104 of the Standard Specifications is hereby revised for this protect 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 protect comparable to the COOT s original design either at lower cost or improved quality or both No proposals will be accepted that lowers the quality of the intended protect 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 Contractors 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 protect 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 COOT 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 COOT Cost savings generated to the Contract as a result of VECP offered by the Contractor and accepted by the COOT shall be shared between the Contractor and the COOT 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 COOT as defined in the Basis of Payment section of this specification Both VECP (Category A) and VECP (Category B) will produce savings to the COOT 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 N16 00913249PM SECTION 00300 BID FORM 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 Contractors 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 2005 FHU Reference No 04 143 41162006 132 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 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) 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 (ll) the amount of time necessary to develop the full Proposal (uQ the date by which a Contract Modification Order must be executed to obtain maximum benefit from the Proposal (Iv) the Proposal s impact on time for completing the Contract (b) Submittal of Full Value Engineering Change Proposal The following materials and information shall be submitted for both a Category A and VECP (Category B) (1) A statement that the proposal is submitted as a VECP (2) A description of the difference between the existing Contract and the proposed change and the advantages and disadvantages of each including effects on service life requirements for planned future development prior commitments to governmental agencies or the public corridor requirements economy of operation ease and cost of maintenance desired appearance safety and impacts to the traveling public or to the environment during and after construction The Contractor shall request in writing the necessary information from the Engineer (3) A complete set of plans and specifications showing the proposed revisions relative to the original Contract This portion of the submittal shall include design notes and FHU Reference No 04 143 4/1&2W8 13249 PM construction details The proposed plans and specifications shall be signed and sealed by the Contractors 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 4116UMB 13249 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 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 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 4116QOOS 1 32 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 2005 9 FHU Reference No 04 143 V1WW8 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 maybe considered by the CDOT if the design meets the following conditions (1) The design shall not involve detouring of traffic onto local roads or streets to an extent greater than the original plans unless previously approved by the affected local agencies (2) The design has the same roadway typical section as the original plans (3) The design meets or exceeds the benefits of the construction handling or traffic phasing scheme shown in the original plans (4) The design meets or exceeds all environmental commitments and permit requirements of the original Contract (5) The design shall not increase environmental impacts beyond those of the original Contract (6) The design meets or exceeds the vertical and horizontal clearances and hydraulic requirements shown in the original plans (7) The design has the same or greater flexibility as the original design to accommodate future widening (8) The design shall not change the location of the centerline of the substructure elements without demonstrating substantial benefits over the original plans (9) The design shall not change the grade or elevation of the final riding surface without demonstrating substantial benefits over the original plans (10) The design shall match corridor future development plans architectural aesthetic and pavement requirements if applicable (11) The design shall not adversely impact the CDOT s Bridge Inspection maintenance or other long-term costs or operations (12) The design shall meet all CDOT design standards and policies (13) The design shall include all additional costs and coordination necessary to relocate utilities (14) Major structure designs provided by the Contractor shall include an independent plan review and design check by a Professional Engineer registered in the State of Colorado and employed by a firm other than the engineer -of -record This design review will be performed at no additional cost to CDOT and shall be included in the Contractors 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 4118 008 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) Bans 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 4/1WW8 132 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 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) (Contractors 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 Contractors total incentive = (shared savings) /2 + $25 000 The Contractors engineering costs will be reimbursable only for outside consultant costs that are venfied by certified billings CDOT s engineering costs shall be actual consultant costs billed to CDOT and extraordinary in house personnel labor costs These labor costs will be calculated at the fixed amount of $50 00 per hour per employee Project personnel assigned to the field office or who work on the project on a regular basis shall not be included in CDOT s portion of the cost 3 At the completion of the VECP design work the Contractor shall furnish the CDOT any additional documentation such as surveys geotechnical reports documentation or calculations and shop drawings required to complete the work At the completion of the project the Contractor shall furnish the CDOT with PE stamped Record sets and As Constructed plans showing the VECP work (a) 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 4/18 00813249PM 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 Element Factor F 12 5 mm ('/:) sieve and jar er 1 j 75 pm (No 200) sieve 6 20 Li 3 Auid low Asphalt penetration 1 Portland Cement Concrete Pavement Fine Aggregate Sand Equivalent 03 'ft*J"k**- 013 Toughness inch pounds minimum 08 Elastic Recovery 25 C ercent minimum 1 25 ' s' -_ : i 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 Multi leer M 304 Ag re ate Base Course Gradation 060 * 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 411WW813 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 protect before the price reduction is applied This 15 minute grace period applies only to the second incident The number of incident charges will be accumulative throughout the duration of the Contract PRICE REDUCTION SCHEDULE INCIDENT INCIDENT RATE TOTAL PRICE REDUCT ION 1 st Notice to Stop Work -- 2nd $150 $150 3rd 300 450 41h 600 1050 5`h 1 200 2 250 6`h 1 200 3 450 Etc 1200 4 650 Etc Etc 14 FHU Reference No 04 143 W16QO08 132 49 PM Financial Services Purchasing Division 215 N Mason St 2 4 Floor PO Box 580 Fort Collins CO 80522 970 221 6775 970 221 6707 Icgov com/purchasing SPECIFICATIONS /_\:I �7 CONTRACT DOCUMENTS FOR US 287/South College Avenue Bike Lanes BID NO 6100 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS May 12, 2008 — 3 00 P M (OUR CLOCK) where renewal is a way of life SECTION 00300 BID FORM PROJECT 6100 US 287/South College Avenue Bike Lanes P1 Date 1 In compliance with your Invitation to Bid dated _ 20 and subject to all conditions thereof the undersigned a (Corporation Limited Liability Company Partnership Joint Venture or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules 2 The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith without collusion or connection with any other person or persons Bidding for the same Work and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders the Agreement the detailed Specifications and the Drawings pertaining to the Work to be done all of which have been examined by the undersigned 3 Accompanying this Bid is a certified or cashier s check or standard Bid bond in the sum of ($ ) in accordance with the Invitation To Bid and Instructions to Bidders 4 The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows 5 All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead whether specifically mentioned included by implication or appurtenant thereto are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule irrespective of whether it is named in said list 6 Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents Rev 10/20/07 Section 00300 Page 1 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 FHU Reference No 04 143 4/18/2008 1 32 49 PM Date In subsection 106 13 delete the second paragraph and replace with the following The original Certified Test Report shall include the Contractors 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 protect or rejection of the materials 16 FHU Reference No 04 143 018@008 1 32 49 PM August 1 2005 1 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 4116Q008 1 32 49 PM (2) A list of all significant and/or high-nsk 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 protect 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 protect 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 2005 18 FHU Reference No 04 143 411& WS 13249 PM 2 REVISION OF SECTION 107 PROJECT SAFETY PLANNING (7) Procedures to be followed in cases where workers are suspected of drug or alcohol impairment (8) Provisions for project safety inspections The Contractor shall conduct regular project safety inspections at the frequency specified in the Plan once per month at a minimum The Contractor shall maintain documentation on the project site including the date of these inspections the findings and the corrective measures taken to address the findings (9) Procedures to be followed to correct violations of the Plan by any personnel (10) The notification investigation and implementation procedures that the Contractor shall follow in the case of a safety stand down (11) The Contractors 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 at 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 Contractors 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 Contractors possession at all times (a) 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 4116QO08 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 Contractors or any subcontractors 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 2005 20 FHU Reference No 04 143 4/18 M813249PM 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/IWW8 1 32 49 PM August 1 2005 1 REVISION OF SECTION 107 RESPONSIBILITY FOR DAMAGE CLAIMS INSURANCE TYPES AND COVERAGE LIMITS Section 107 of the Standard Specifications is hereby revised for this project as follows Delete subsection 107 15 and replace with the following 107 15 Responsibility for Damage Claims, Insurance Types and Coverage Limits The Contractor shall indemnify and save harmless the Department its officers and employees from suits actions or claims of any type or character brought because of any and all injuries or damage received or sustained by any person persons or property on account of the operations of the Contractor or failure to comply with the provisions of the Contract or on account of or in consequence of neglect of the Contractor in safeguarding the work or through use of unacceptable materials in constructing the work or because of any act or omission neglect or misconduct of the Contractor or because of any claims or amounts recovered from any infringements of patent trademark or copyright unless the design device material or process involved is specifically required by the Contract or from any claims or amounts arising or recovered under the Worker's Compensation Act or other law ordinance order or decree The Department may retain as much of any moneys due the Contractor under any Contract as may be determined by the Department to be in the public interest (a) The Contractor shall obtain and maintain at all times during the term of this Contract insurance in the following kinds and amounts (1) Workers Compensation Insurance as required by state statute and Employers Liability Insurance covering all of Contractors 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 (1) $1 000 000 each occurrence (iQ $2 000 000 general aggregate (ni) $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 W1WW8 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 Contractors 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 04 143 411 W008 1 3249 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 (iu) 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 mad (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 carner will waive all rights of recovery under subrogation or otherwise against CDOT its agencies institutions organizations officers agents employees and volunteers (e) All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to CDOT (f) The Contractor shall provide certificates showing insurance coverage required by this contract to 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 et seq as amended ( Act) the Contractor shall at all times during the term of this contract maintain only such liability insurance by commercial policy or self insurance as is necessary to meet its liabilities under the Act Upon request by CDOT the Contractor shall show proof of such insurance satisfactory to CDOT Public entity Contractors are not required to name CDOT as an Additional Insured 24 FHU Reference No 04 143 4/18/2008 1 32 49 PM The undersigned Bidder hereby acknowledges receipt of Addenda No through BID SCHEDULE (Base Bid) US 287 / S College Avenue Bike Lanes City of Fort Collins & Colorado Department of Transportation Federal Aid Project No STE M455-063 Bid Schedule ITEM NO CONTRACT ITEM UNIT QUANTITY UNIT COST TOTAL COST 201 CLEARING AND GRUBBING LS 1 202 REMOVAL OF TREE EA 2 202 REMOVAL OF SIDEWALK SY 39 202 REMOVAL OF CURB AND GUTTER LF 93 202 REMOVAL OF ASPHALT MAT SY 22 202 REMOVAL OF PAVEMENT MARKING SF 22 374 202 REMOVAL OF GROUND SIGN EA 5 202 REMOVAL OF SIGN PANEL EA 1 203 UNCLASSIFIED EXCAVATION COMPLETE IN PLACE CY 219 203 BLADING HR 4 206 STRUCTURE EXCAVATION CY 279 206 STRUCTURE BACKFILL (CLASS 1) CY 194 206 STRUCTURE BACKFILL (CLASS 2) CY 83 207 TOPSOIL (COMPLETE IN PLACE) CY 47 208 STORM DRAIN INLET PROTECTION EA 2 208 EROSION LOG (12 INCH) LF 350 208 CONCRETE WASHOUT STRUCTURE EA 1 208 SEDIMENT REMOVAL AND DISPOSAL LS 1 210 RESET GROUND SIGN EA 3 210 RESET IRRIGATION SYSTEM LS 1 210 ADJUST VALVE BOX EA 1 212 SEEDING (NATIVE) AC 005 213 MULCHING (WEED FREE HAY) AC 005 213 MULCHING TACKIFIER LB 10 304 AGGREGATE BASE COURSE (CLASS 6) TON 99 403 HOT MIX ASPHALT (GRADING S)(100 PG58 28 TON 35 403 HOT MIX ASPHALT PATCHING ASPHALT TON 14 412 CONCRETE PAVEMENT (10 INCH) SY 5 514 PEDESTRIAN RAILING (STEEL) LF 242 Rev 10/20/07 Section 00300 Page 2 (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 W18 00813249 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 61WW813 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 protect 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 4118 W8 132 49 PM November 30 2006 1 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 (OPIS) on the first working day of the month for Denver No 2 Diesel The rate used will be the OPIS Average taken from the OPIS Standard Rack table for Ultra Low Sulfur w/Lubncity 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 Fuel Factor FF 202-Removal of Asphalt Mat (Planing) 0 006 Gal/SY/Inch depth 203-Excavation (muck unclassified) Embankment 0 29 Gal/CY Borrow 203-Excavation (rock) 0 39 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)] 304-Aggregate Base Course (if ABC is paid for by 0 85 Gal/CY the CY) (if ABC is paid for by the ton convert to CY by multiplying the quantity in tons by 0 557) 307-Lime Treated Subgrade 0 12 Gal/SY 310-Full Depth Reclamation 0 06 GaVSY 403 Hot Mix Asphalt (HMA) 2 47 GaUTon 403 Stone Mastic Asphalt 2 47 Gal/Ton 405 Heating and Scarifying Treatment 0 44 Gal/SY 406-Cold Bituminous Pavement Recycle 0 01 Gal/SY/Inch depth 412-Portland Cement Concrete Pavement 0 03 Gal/SY/Inch thickness 28 FHU Reference No 04 143 411WW8 1 32 49 PM 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 4/1MM8 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 protect 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 protect 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 Contractors 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 protect 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 Contractors expense 30 FHU Reference No 04 143 4 16@008 1 ffi 49 PM October 25 2007 1 REVISION OF SECTION 203 EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this protect as follows Subsection 203 03 (a) shall include the following Embankment imported onto the protect 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 Contractors 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 Contractors expense Embankment represented by fading tests shall be removed from the protect and replaced at the Contractor s expense 31 FHU Reference No 04 143 4116QO08 132 49 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 Dram Inlet Protection Storm drain inlet protection shall consist of aggregate filled fabric with the following dimensions Diameter 4 m j41n Apron Insert 30 in or sized to grate The inlet protection device shall consist of a woven geotextile fabric with the following properties 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 Dram 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 4I1WM8 132 49 PM Subsection 208 08 shall include the following PART 1 - PAY ITEM PAY UNIT Storm Drain Inlet Protection (Typed 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 4/18/2008 1 32 49 PM April 12 2007 REVISION OF SECTION 212 SEEDING SEASONS Section 212 of the Standard Specifications is herby revised for this protect as follows In subsection 212 03 delete the seeding seasons table and replace it with the following Zone Spring Seeding Fall Seeding Areas other than the Western Slope Beowcow SPftIhaWt*JurW1 sepsorftE'1ainhl �� eonait�►nd freeze 6000 to 7000 Spring thaw to June 1 Septemberl until consistent ground freeze 70W to WW Spftjlha v to j 1S Attgost 1 untiF eonaleteM Above 8000 Sering thaw to consistent ground grdfreeze freeze Western Slope Betaw S9Fltl' SprkV #W to klFeyr 1 Aft 1 %MW Con tent 6000 to 7000 Spring thaw to June 1 9roueKtfze September 1 until consistent ground freeze Above 7OW S *saw to eom atent g indfriwe 34 FHU Reference No 04 143 411 M008 1 32 49 PM 519 STONE VENEER SF 1 716 601 CONCRETE CLASS D (WALL) CY 104 601 STRUCTURAL CONCRETE COATING SY 17 602 REINFORCING STEEL LB 10 388 607 FENCE (PLASTIC) LF 32 608 CURB RAMP (SPECIAL) SY 43 608 CONCRETE BIKEWAY (6 INCH) SY 530 609 CURB AND GUTTER TYPE 2 (SECTION IIB LF 36 609 MEDIAN COVER MATERIAL (CONCRETE)SF 36 613 4 INCH ELECTRICAL CONDUIT LF 879 614 SIGN PANEL (CLASS 1) SF 217 614 SIGN PANEL (CLASS 11) SF 663 614 SIGN PANEL (CLASS III) SF 18 614 STEEL SIGN SUPPORT (2 INCH ROUND POST AND SOCKET) EA 38 614 STEEL SIGN SUPPORT (2 5 INCH ROUND SCHEDULE 80)(POST AND SLIPBASE EA 53 620 SANITARY FACILITY EA 1 626 MOBILIZATION LS 1 627 EPDXY PAVEMENT MARKING GAL 222 627 PREFORMED PLASTIC PAVEMENT MARKING TYPE II WORD SYMBOL)SF 1369 627 PREFORMED THERMOPLASTIC PAVEMENT MARKING WORD SYMBOL SF 820 627 PREFORMED THERMOPLASTIC PAVEMENT MARKING (XWALK STOPLINE SF 252 630 1 TRAFFIC CONTROL LS 1 Total Sum of Contractor Bid Items 700 F/A Minor Contract Revisions F/A 1 $ 24 000 00 $ 24 000 00 700 F/A On The Job Trainee HR 0 $ $ 700 F/A OJT Colorado Training Program F/A 1 $ 20000 $ 20000 700 F/A Erosion Control F/A 1 $ 1 00000 $ 1 000 00 700 F/A FUEL COST ADJUSTMENT F/A 1 $ 1 50000 $ 1 50000 Total Sum of Force Account Items $ 26,700 00 TOTAL PROJECT COST Bid items + Force Account Items Rev 10/20/07 Section 00300 Page 3 Apnl 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(0 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 4/182008 1 32 49 PM June 7 2007 1 REVISION OF SECTIONS 106 AND 601 CONCRETE SAMPLING AND PUMPING Sections 106 and 601 of the Standard Specifications are hereby revised for this protect 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 Contractors 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 Contractors expense The pump operator shall have a valid operators 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 manufacturers 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 Contractors 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 41WWS 13249 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 4/1WW8 132 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 41WW8 1 3249PM November 30 2006 REVISION OF SECTION 601 FORMS AND FALSEWORK 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 Contractors Engineer so stating All falsework drawings including revisions shall be prepared by the Contractors 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 Contractors 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 4/1WW8 132 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 protect 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 CONCRETETABLE Concret e Class Required Field Compressive Strength(psi) Cementibous Content Minimum or Range Ibs/ d' Air Content % Range Total Water Cementrtious Ratio Maximum or Range T " K j� �� BZ 4000 at 28 610 N/A 045 da s nEt. 9.Y`s .. NOS NO DT 4500 at 28 700 5 — 8 044 da s H 4500 at 56 580 to 640 5 8 0 38 - 0 42 days P 4200 at 28 660 4-8 044 da s _ry r `h y% S40 5800 at 28 615 to 760 .-�53� 5-8 040 da s _j� "ram ��,x k'��� ,�a> 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'/ 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 4 IWW8 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 maybe used for deck resurfacing and repairs Class HT maybe 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 411WMB 13249 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 04 143 411 W008 132 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 Seventy Water soluble of sulfate (SO4), Sulfate (SO4) in Water cementitious Cementitious potential percent, dry water, ppm ratio maximum material exposure sod requirements Class 1 0 11 to 0 20 151 to 1500 045 Class 1 Class 3 12 01 or greater 1 10 001 or greater 1 040 1 Class 3 Cementitious material requirements are as follows Class 0 requirements shall be one of the following (1) ASTM C 150 Type 1 II or V (2) ASTM C 595 Type I (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 CA 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 4/l8 W813249PM (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 60105 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 (Grawmetric) 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 Concretes 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 OF 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 4116 WB 13249PM ACCEPTANCE OF FUEL COST ADJUSTMENTS Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of Section 109 - Fuel Cost Adjustment To accept this standard special provision the bidder must fill in an "X" next to "YES" below No Fuel Cost Adjustment will be made due to fuel cost changes for bidders who answer "NO" If neither line is marked the Department will assume the bidder rejects Fuel Cost Adjustments for this project After bids are submitted bidders will not be given any other opportunity to accept or reject this adjustment (Mark only one line with an 'X ) YES I choose to accept Fuel Cost Adjustments for this project NO I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is marked the default is "NO" I choose NOT to accept Fuel Cost Adjustments for this project 9 PRICES The foregoing prices shall include all labor materials transportation shoring removal dewatering overhead profit insurance etc to cover the complete Work in place of the several kinds called for Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price Rev 10/20/07 Section 00300 Page 4 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 11/2 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 88) 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 4/182008 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 Contractors 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 Q) 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 41WXB 13249PM 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 K20) 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 Departments Approved Products List The cement intended for use on the protect 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 4I16I2008 132 49 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 21 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 APL/ 2 1 1 Only standard mix designs will be placed on CDOT s APL Protect 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 22 Concrete mix designs shall be performed in conformance with Colorado AASHTO & ASTM procedures 23 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 24 If all tests conform to the specifications a Concrete Mix Design Report (CDOT Form #1373) will be created & sent to the Concrete Supplier 25 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 Protect 48 FHU Reference No 04 143 4/1WW8 1 3249 PM 3 APPROVAL OF CONCRETE MIX DESIGNS SUBMITTED TO A PROJECT 31 This process will be used for Project specific concrete mix designs or concrete mix designs that are not on CDOT s APL 32 Concrete mix designs shall be performed in conformance with Colorado AASHTO & ASTM procedures 33 The Contractor submits to the Protect 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 Projects 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 34 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 Protects the mix design CDOT Form #1188 and a copy of the Project s Index of Special Provisions must be submitted for each Project 35 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 36 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 41 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 42 The Contractor shall submit to the Protect 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 suppliers mix design number and CDOTs 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 W1WW8 1 3249 PM 43 The Protect Engineer will submit the Contractors letter to the CPP Unit or RME for review and approval along with CDOT Form #1188 and a copy of the Protects Index of Special Provisions 44 If a pre -approved concrete mix design conforms to the Protects specifications a Concrete Mix Design Report (CDOT Form #1373) will be issued for the protect 4 4 1 A CDOT Form #1373 is only valid for the Protect which it was issued to 5 CONCRETE MIX DESIGN REQUIREMENTS 51 Labs and personnel providing mix designs shall comply with the requirements listed in CID 10 52 A concrete mix design shall contain the following information 5 2 1 Cover Letter — A cover letter including the following • Laboratory name & address • Concrete suppliers name & address • Concrete suppliers 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 suppliers name & address • Concrete suppliers 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 W813249 PM 53 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 61 The RIME or CPP Unit will issue a CDOT Form #1373 to the Protect Engineer See Chapter 600 of the CDOT Field Materials Manual for an example 62 The Project Engineer will supply the Contractor the CDOT Form #1373 mix design number 7 REMOVAL OF A MIX DESIGN FROM THE APL 71 The CPP Unit may elect to test any or all components of a mix design on the APL 72 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 73 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 411WO08 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 Barricades I Flappers Stop/Slow Paddle I X I X II Non orange Fixed Support STOP sign (R1 1) YIELD sign (R1 2) WRONG WAY sign (R5 1a) X DO NOT ENTER sign (R5 1) EXIT scan (E5 1a) X 52 FHU Reference No 04 143 4I1WM8 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 4/19 WO 132 49 PM Apnl7 2006 REVISION OF SECTION 614 TUBULAR STEEL SIGN SUPPORT Section 614 of the Standard Specifications is hereby revised for this protect 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 manufacturers recommendations The Contractor shall make all arrangements to have a manufacturer -trained installer of the manufacturers 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 manufacturers 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 4/1& MB 13249 PM RESPECTFULLY SUBMITTED CONTRACTOR BY PRINT NAME Signature Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest Address Telephone Email Date Rev 10/20/07 Section 00300 Page 5 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 manufacturers 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 04 143 411 Q008 1 32 49 PM Apnl12 2007 1 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)l 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 xmg etc) are not required unless specified in the plans Temporary pavement markings shall be installed according to the manufacturers 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 W M8 132 49 PM 2 REVISION OF SECTION 627 PAVEMENT MARKING (e) Pavement Marking for Seal Coats (Section 409) 1 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 protect 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 4/l8 WB 13249 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 Management Day TnAc Controf inspechm Day Flagging Hour PiM Car OperaWn, Hour 58 FHU Reference No 04 143 4/lWWB 13249PM 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 G1WWU 13249 PM Apn17 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 Un erpasses Underpasses Overhead Wires y `f$ if$4i$ ?'4vd 'ts .%0�.�u.^Ni' .0 �f✓ b Ss f �sfi9`� R-3^ ' 'SiiyiY^Yi s`v�^/il ��HG Rural Arterial Urban Arterial 16 Feeti 23 Fee? 3 Freeways 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 railroads 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'/3 inch for each 1000 volts 60 FHU Reference No 04 143 4116nM8 132 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 1 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 manufacturers written NCHRP 350 certification for each work zone device before it is first used on the project 61 FHU Reference No 04 143 4/16Q008 132 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 protect 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 411WM8 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 4/18 WB 13248 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 64 FHU Reference No 04 143 4I16QW8 132 49 PM COLORADO DEPARTMENT OF TRANSPORTATION PROJECT NO ANTI -COLLUSION AFFIDAVIT LOCATION I hereby attest that I am the person responsible within my firm for the final decision as to the pnce(s) and amount of this bid or if not that I have written authorization enclosed herewith from that person to make the statements set out below on his or her behalf and on behalf of my firm I further attest that 1 The price(s) and amount of this bid have been arrived at independently without consultation communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder 2A Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project and will not be so disclosed prior to bid opening 2B Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm 3A No attempt has been made to solicit cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project or to submit a bid higher than the bid of this firm or any intentionally high or non competitive bid or other form of complementary bid 3B No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high noncompetitive or other form of complementary bid on this project 4 The bid of my firm is made in good faith and not pursuant to any consultation communication agreement or discussion with or inducement or solicitation by or from any firm or person to submit any intentionally high noncom petitive or other form of complementary bid 5 My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person or offered promised or paid cash or anything of value to any firm or person whether in connection with this or any other project in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high noncompetitive or other form of complementary bid or agreeing or promising to do so on this project 6 My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person and has not been promised or paid cash or anything of value by any firm or person whether in connection with this or any other project in consideration for my firm s submitting any intentionally high noncompetitive or other form of complementary bid or agreeing or promising to do so on this project 7 1 have made a diligent inquiry of all members officers employees and agents of my firm with responsibilities relating to the preparation approval or submission of my firm s bid on this project and have been advised by each of them that he or she has not participated in any communication consultation discussion agreement collusion or other conduct inconsistent with any of the statements and representations made in this affidavit 8 1 understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation of the true facts relating to submission of bids for this contract I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE Contractor's M1rtn or company name By Date Title 2nd commences firm o company name QI joint venture) By Data Title Sworn to before me this day of 20 Notary Public My commission expires NOTE This document must be signed in ink COOT Form M06 1102 January 17 2008 TABLE 702-1 2 REVISION OF SECTION 702 BITUMINOUS MATERIALS SUPERPAVE PERFORMANCE GRADED BINDERS Requirement for PG Binder AASHTO Property 5828 5834 64-22 64-28 7628 Test No Original Binder Properties Flash Point Temp C minimum 230 230 230 230 230 T 48 Viscosity at 135 C Pass 3 3 3 3 3 T 316 maximum Dynamic Shear Temp C where 58 58 64 64 76 T 315 G`/Sin b @ 10 rad/s z 1 00 kPa Ductility 4 °C (5 cm/min ) cm 50 T 51 minimum Toughness joules (inch Ibs) 124 CP L 2210 (110) Tenacity joules (inch Ibs) 85 CP L 2210 (75) Acid or Alkali Modification (pass fail) Pass Pass Pass Pass Pass CP L 2214 RTFO Residue Properties CP L 2215 Mass Loss percent maximum 1 00 1 00 100 1 00 1 00 CP L 2215 Dynamic Shear Temp C where 58 58 64 64 76 T 315 G /Sin b @ 10 rad/s >_ 2 20 kPa Elastic Recovery 25 C percent 50 T 301 min Ductility 4 °C (5 cm/mm ) cm 20 T 51 minimum PAV Residue Properties Aging R 28 Temperature 100 C Dynamic Shear Temp C where 19 16 25 22 28 T 315 WeSin S @ 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/mm where failure strain >_ 10 % `*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 V1WW8 1 3249 PM January 17 2008 4 REVISION OF SECTION 702 BITUMINOUS MATERIALS Table 702 2 POLYMERIZED EMULSIONS FOR SEAL COATS AASHTO Property CRS-2P CMS-2P HFRS 2P HFMS 2P TEST NO Tests on Emulsion Viscosity at 50 °C Saybolt 50 50 50 50 min Furol s T 59 450 450 450 450 max Storage stability 24 hr % max 1 0 1 0 10 1 0 T 59 Particle charge test Positive Positive T 59 Sieve test % max 010 010 010 010 T 59 Demulsibdity' % min 40 40 T 59 Oil Distillate by volume % max or range 30 30 30 30 T 59 Residue by distillation/ evaporation % min 653 653 653 653 CP L 229/ Tests on residue Penetration 25 °C 100g 5s min dmm 70 70 70 70 Penetration 25 °C 100g 5s max dmm 150 150 150 150 T 49 Ductility 25 °C 5 cm/min cm min 75 75 T 51 Solubility in trichloroethylene% min 975 975 975 975 T 44 Elastic Recovery 25 °C min 58 58 T 301 Float Test 60 °C s min 1200 1200 T 50 Toughness in Ibs min 70 70 CP L 2210 Tenacity in lbs min 45 45 CP L 2210 If successful application is achieved in the field the Engineer may wave this requirement P 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 acceptability 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 t 5 °C (400 t 10 OF) maximum temperature to be held for 15 minutes FHU Reference No 04 143 411 WO08 1 32 49 PM 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 ASPHALT EMULSIONFOR PRIME COAT Property Requirement AASHTO Test No Viscosity Saybod Furd atW°C(f22 F) s 20450 T59 % Residtrte 115°% min T 59 td 2W °Ci (SW OF) Oil Distillate by Volume % 7% max T59�i Tests on Residue from Distillation S*jbkyxtT °% 975min T44 (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 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 4/1W008 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 Test Minimum Maximum Tests on Emulsion Viscosity SeyboltFurotatCO-Ci(122 50 460 TW CY, YQV Storage Stability test 24 hours % 1 T 59 Sievetest, % 010 T 59 % Residual 65 T 59 Chi distdfata by volute, % 1 7 T59 Tests on Residue Penetration 25 °C (77 °F) 100g 5 sec 150 30e T 49 Float Test 60 C (140 F) sec 1200 T 50 Solubility in TCE % 075 T 44 Elastic Recovery 4 C (39 2 F) % 50 T 301 400 t 10 F maximum temperature to be held for 15 minutes 'When 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 4 18 008 1 32 40 PM January 17 2008 7 REVISION OF SECTION 702 BITUMINOUS MATERIALS Table 702-5 EMULSIFIED RECYCLING AGENT Requirement Property Test Minimum Maximum Tests on Emulsion Viscosity @ 25 C SFS 20 200 ASTM D 244 Pumping Stability Pass GB Method' ASTM D 244' Sieve Test %w 01 Cement Mixing %w 20 ASTM D 244 Particle Charge Positive ASTM D 244 Conc Of Oil Phase 64 ASTM D 244' Tests on Residue Viscosity @ 60 C CST 2000 4000 ASTM D 2170 Flash Point COC C( F) 232 ASTM D 92 Maltenes Dist PC+A, ASTM Ratio° S+AZ 03 06 D 2006 ASTM PC/S Ratio 04 D 2006 ASTM Asphaltenes % max 110 D 2006 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 B22621) having a 6 3 mm (1/4 inch) inlet and outlet The emulsion passes if there is no significant separation after circulating ten minutes 'Test 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 149 C (300 F) until foaming ceases then cooling immediately and calculating results °In the Maltenes Distribution Ratio Test by ASTM Method D 2006 PC = Polar Compounds S = Saturates A, = First Acidaffin A2 = Second Acidaffins FHU Reference No 04 143 41162009 1 3249 PM RIM i!III-X fW11111Y3 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 Property Test Method Requirement Viscosity S F @ 25 C (77 F) s ASTM D 244 20-40 'Residue % min ASTM D244 6"S ZMisability Test ASTM D 244 No coagulation 'sieve Test, % max j ASTM D 244 010, Particle Charge Test ASTM D 244 I Positive ASIM0244(IAott)4 Viscosity 60 C (140 F) mmz/s ASTM D 445 100 200 Flash Prxnt, COC -C min ASTM D 92 f 196 Asphaltenes % max ASTM 1 0 D2006 "MaRanes Dist PC+A* ASTM 0306 Ratio S+A2 D 20M Saturated Hydrocarbons % ASTM 21 28 D 2006 ASTM D244 W&W EvaparaUon Test for percent of residue is made by heWV 5OVem sample to 140 °C MD 4F) until foarnfng cCases, ttrerreoohngnrntredaltetyaru! �ree0fts Tost-M x9tiumWwft*v1*JW M W44 excloothat 02 NoMW CallaW CENO*ls,solution shah be used rt pm ofdtsti0ed water. 8 TOO proM&M rdenkat WdhA t1)244 *=q tttila drs6lkr Water shy be used In j e of 2% sodium deaf si-Woon, ` In#WM8ft9M Dlablbralon Raga Test by ASTTI[# K+tethod D4124 PC = Pofar Compounds S � Saturates Ay o ftstAddArt A2 =S-Addafitrs 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 a1& 008 1 3249 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 Viscosity Saybolt Furol @ 77 OF s ASTM D 244 100 Residue @ 350 OF % ASTM D 244 Mod 60 Sieve Test % ASTM D 244 010 Oil distillate % ASTM D 244 20 TEST ON RESIDUE Penetration @ 39 2 OF 100g 5s dmm ASTM D 5 Modified 150 250 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 II 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 manufacturers original sealed container Each container shall be legibly marked with the manufacturers name the trade name of the sealer the manufacturers 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 FHU Reference No 04 143 41WW8 1 3249 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 FHU Reference No 04 143 WlWO08 1 3249 PM 51 Prepare the concrete in accordance with the procedure described in Test Method C 1921C102M 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 52 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 watertight 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/mm ) 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 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION 4201 E Arkansas Avenue, B404 Oi Denver CO 80222 NPOMMMMMMM ,ram NOTICE CHANGES TO CDOT'S GOOD FAITH EFFORT AND UDBE COMMITMENT PROCESS This letter contains important information for you about a 6 month Pilot project that CDOT will implement on all CDOT construction projects (including Local Agency projects) that are advertised after September 1, 2004 and will apply to bid openings beginning September 23 2004 Please read the information carefully If you have any questions about how this will apply to you and the forms you submit to CDOT please call the phone number listed below to discuss your questions with someone from the Business Programs Office The CDOT Form #714 (Underutilized DBE Bid Conditions Assurance) which is attached, has been updated to require all Contractors bidding on CDOT Construction projects to list their UDBE commitment information for the project at the time of bid opening This information includes the names of the UDBE firms they will use, the items of work committed to them and their percent of the contract Please take special note of the changes made in the text at the bottom of the form "The actual amounts submitted on each CDOT Form #715 must equal or exceed the percentage commitments documented on this form In addition, if my company does not meet the DBE/UDBE goal for this project, I must submit a completed CDOT Form #718 (Underuhhzed DBE Good Faith Effort Documentation) before the above stated deadline CDOT Form #715s submitted for firms not included on this form, OR for amounts exceedine those listed on this form, will be accepted but NOT counted as Good Faith Efforts Only the efforts the contractor made prior to the bid opening will count as Good Faith Efforts " As always the low bidder must submit their CDOT Form #715 s (Certificate of Proposed Underutilized DBE Participation) by 4 00 pm the day after the bid opening During the Pilot project, if the low bidder doesn t commit on the CDOT Form #714 enough UDBE participation to meet the UDBE goal for the project, they will be required to submit their Good Faith Efforts by 4 00 pm the day after the bid opening CDOT will evaluate only the good faith efforts made by the contractor prior to the bid opening Any UDBE Participation submitted on CDOT Form #715's that exceeds the participation submitted on the CDOT Form #714 will be accepted as additional UDBE participation but will not be counted as Good Faith Efforts and will not exempt a contractor from fulfilling the Good Faith Efforts requirements CDOT will evaluate the results of this Pilot project after 6 months to determine whether CDOT will make the pilot process or a similar process a permanent requirement These changes are being communicated by letter to all Prequalified Contractors, all DBEs all ESBs and any other firm that has been used as a subcontractor on a CDOT project within the past year Also, a Notice about the change and the new CDOT Form #714 will be placed in each plan set sold by CDOT s plans room during the 6-month Pilot period and the Business Programs Office will schedule informational meetings for Contractors and subcontractors to discuss the process Questions about the Pilot project should be directed to the Business Programs Office at (303) 757 9234 January 17 2008 REVISION OF SECTION 712 HYDRATED LIME Section 712 of the Standard Specifications is hereby revised for this protect 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 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 2005 1 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY A AFFIRMATIVE ACTION REQUIREMENTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) The Bidders attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Opportunity Construction Contract Specifications set forth herein The goals and timetables for minority and female participation expressed in percentage terms for the Contractors aggregate workforce in each trade on all construction work in the covered area are as follows Goals and Timafahla for Mmnrn4v I I4Jonnnn Timetable Until Further Notice Economic Standard Metropolitan Counties Goal Area Statistical Area SMSA Involved 157 2080 Denver Boulder Adams Arapahoe Boulder Denver (Denver) Douglas Gilpin Jefferson 13 8% 2670 Fort Collins Larimer 6 9% 3060 Greeley Weld 13 1% Non SMSA Counties Cheyenne Clear Creek Elbert Grand Kit Carson Logan Morgan Park Phillips Sedgwick Summit Washington & Yuma 12 8% 158 1720 Colorado Springs El Paso Teller 10 9% (Colo Spgs 6560 Pueblo Pueblo 27 5% Pueblo) Non SMSA Counties Alamosa Baca Bent Chaffee Conetos Costilla Crowley Custer Fremont Huerfano Kiowa Lake Las Animas Lincoln Mineral Otero Prowers Rio Grande Sa uache 19 0% 159 Non SMSA Archuleta Delta Dolores Eagle (Grand Junction) Garfield Gunnison Hinsdale La Plata Mesa Moffat Montezuma Montrose Ouray Pitkin Rio Blanco Routt San Juan San Miguel 10 2% 156 (Cheyenne Non SMSA Jackson County Colorado 7 5% Casper WY) GOALS AND TIMETABLES FOR FEMALE UTILIZATION Until Further Notice 6 9% Statewide August 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 Contractors 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 protects The transfer of minority or female employees or trainees from Contractor to Contractor or from protect to protect for the sole purpose of meeting the Contractors goals shall be a violation of the contract the Executive Order and the regulations in 41 CFR Par 60.4 Compliance with the coals will be measured against the total work hours Performed 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 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 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 Employers Quarterly Federal Tax Return U S Treasury Department Form 941 d Minority includes (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin) (u) Hispanic (all persons of Mexican Puerto Rican Cuban Central or South American or other Spanish Culture or origin regardless of race) (ui) 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 her subcontracts a portion of the work involving any construction trade it shall physically include in each subcontract in excess of $10 000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted If the Contractor is participating (pursuant to 41 CFR 60-4 5) in a Hometown Plan approved by the U S Department of Labor in the covered area either individually or through an association its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees The overall good faith performance by other Contractors or Subcontractor toward a goal in an approved Plan does not excuse any covered Contractors or Subcontractors failure to take good faith efforts to achieve the Plan goals and timetables 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 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 Contractors obligations under these specifications Executive Order 11246 or the regulations promulgated pursuant thereto 6 In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals such apprentices and trainees must be employed by the Contractor during the training period and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training subject to the availability of employment opportunities Trainees must be trained pursuant to training programs approved by the U S Department of Labor 7 The Contractor shall take specific affirmative actions to ensure equal employment opportunity The evaluation of the Contractors compliance with these specifications shall be based upon its effort to achieve maximum results from its actions The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following a Ensure and maintain a working environment free of harassment intimidation and coercion at all sites and in all facilities at which the Contractors employees are assigned to work The Contractor where possible will assign two or more women to each construction project The Contractor shall specifically ensure that all foremen superintendents and other on site supervisory personnel are aware of and carry out the Contractors obligation to maintain such a working environment with specific attention to minority or female individuals working at such sites or in such facilities b Establish and maintain a current list of minority and female recruitment sources provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available and maintain a record of the organization s responses c Maintain a current file of the names addresses and telephone numbers of each minority and female off the street applicant and minority or female referral from a union a recruitment source of community organization and of what action was taken with respect to each individual If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or if referred not employed by the Contractor this shall be documented in the file with the reason therefor along with whatever additional actions the Contractor may have taken d Provide immediate written notification to the Director when the union with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor or when he Contractor has other information that the union referral process has impeded the Contractors efforts to meet its obligations e Develop on the job training opportunities and/or participate in training programs for the area which expressly include minorities and women including upgrading programs and apprenticeship and trainee programs relevant to the Contractors 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 5 Augustl 2005 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g Review at least annually the Contractors 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 Contractors 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 Contractors workforce k Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 3 1 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 Contractors obligations under these specifications are being carried out n Ensure that all facilities and Contractors 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 supervisors adherence to and performance under the Contractor's EEO policies and affirmative action obligation 6 August 2005 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p) The efforts of a contractor association joint contractor union contractor community or other similar group of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the Contractor actively participates in the group makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry ensures that the concrete benefits of the program are reflected in the Contractors 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 Contractors noncompliance 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 carved 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) 7 August 2005 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY C SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES 1 General 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 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 Contractors 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 Contractors equal employment opportunity policy and its implementation will be reviewed and explained The meetings will be conducted by the EEO Officer or other knowledgeable company official 8 August 2005 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (2) All new supervisory or personnel office employees will be given a thorough indoctnnation by the EEO Officer or other knowledgeable company official covering all major aspects of the Contractors 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 In order to make the Contractors 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 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 ) 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 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 ongin 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 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION 4201 E Arkansas Avenue B404 LafthsDOTI Denver, CO 80222 APRIL 2005 NOTICE CHANGES TO CDOT'S GOOD FAITH EFFORT (GFE) AND UDBE COMMITMENT PROCESS TO CONTINUE UNTIL FURTHER NOTICE Last September, CDOT implemented a 6-month Pilot project on all construction projects (including Local Agency projects) that were advertised after September 1 2004 The Pilot made changes to CDOT's Good Faith Efforts (GFE) and UDBE Commitment process and applied to bid openings beginning September 23 2004 The purpose of this notice is to inform all firms biddma on CDOT construction projects that CDOT's Chief Eneineer has directed CDOT to extend the GFE Pilot protect, as implemented in September of 2004, until CDOT has the opportunity to assess the results of the Pilot and to issue final guidelines for the GFE and UDBE Commitment Process Please read August 23, 2004 NOTICE for details on the Pilot process which Contractors should continue to follow until further notice It is located on CDOT's "Project Bidding' page at http //www dot state co us/bidding/Newsflash4 doc When the final guidelines are issued CDOT will send a mailed notification to all Prequalified Contractors, all DBEs, all ESBs, and any other firm that has been used as a subcontractor on a CDOT project in the past year Any questions or input you may have about the continuation of the Pilot project should be directed to the Business Programs Office at (303) 757 9234 9 August 2005 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY b The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices c The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination Where evidence is found the Contractor will promptly take corrective action If the review indicates that the discrimination may extend beyond the actions reviewed such corrective action shall include all affected persons d The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract will attempt to resolve such complaints and will take appropriate corrective action within a reasonable time If the investigation indicates that the discrimination may affect persons other than the complainant such corrective action shall include such other persons Upon completion of each investigation the Contractor will inform every complainant of all of his avenues of appeal 7 Training and Promotion a The Contractor will assist in locating qualifying and increasing the skills of minority group and women employees and applicants for employment b Consistent with the Contractors 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 mmonty groups and women with the unions and to effect referrals by such unions of mmonty and female employees Actions by the Contractor either directly or thorough a contractors association acting as agent will include the procedures set forth below 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 mmonty group employees and women so that they may qualify for higher paying employment b The Contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race color religion sex or national origin c The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor the Contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information 10 August 2005 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within he time limit set forth in the collective bargaining agreement the Contractor will through independent recruitment efforts fill the employment vacancies without regard to race color religion sex or national origin making full efforts to obtain qualified and/or qualifiable minority group persons and women (The U S Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees ) In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246 as amended and these special provisions such Contractor shall immediately notify the State highway agency 9 Subcontracting a The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees Contractors shall obtain lists of minority owned construction firms from State highway agency personnel The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations 10 Records and Reports 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 nonmmonty group members and women employed in each work classification on the project (2) The Progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force) (3) The progress and efforts being made in locating hiring training qualifying and upgrading minority and female employees and (4) The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority and female representation among their employees b All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration c The Contractors will submit an annual report to the State highway agency each July for the duration of the project indicating the number of minority women and non minority group employees currently engaged in each work classification required by the contract work This information is to be reported on Form PR 1391 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 1 Apn12 2008 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (a) Definitions and Procedures For this protect 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 ongins in any of the Black racial groups of Africa b Hispanic Amencans which includes persons of Mexican Puerto Rican Cuban Dominican Central or South American or other Spanish or Portuguese culture or ongm 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 ongins are from Japan China Taiwan Korea Burma (Myanmar) Vietnam Laos Cambodia (Kampuchea) Thailand Malaysia Indonesia the Philippines Brunei Samoa Guam the U S Trust Temtones 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 ongins are from India Pakistan Bangladesh Bhutan the Maldives Islands Nepal or Sn 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 critena 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 protect 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 Apn12 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 pnor 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 COOT 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 onginal 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 pnor to the bid opening to do so 3 Apn12 2008 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 Contractors 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 Contractors 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 http //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 Apn12 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 Contractors DBE Obligation The pnme 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 CDOTs 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 pnor 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 5 Apn12 2008 DISADVANTAGED BUSINESS ENTERPRISE 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 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 firth 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 B 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 6 Apn12 2008 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 customanly 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 onginal 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 contractors 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 wntten 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 Contractors 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 Contractors assistance to the UDBE subcontractor pnor 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 Apn12 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 (fJ 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 COLORADO DEPARTMENT OF TRANSPORTATION Project No UNDERUTILIZED DBE (UDBE) BID CONDITIONS ASSURANCE Location Instructions Contractor -Complete and submit this form with your bid Report only Underutilized DBE (UDBE) participation percentages which qualify under the contract goal specification for this project POLICY It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterpnses have maximum opportunity to participate in the performance of contracts financed with federal state or local entity funds UNDERUTILIZED DBE PARTICIPATION COMMITMENT 1) Will your company's Underutilized DBE (UDBE) participation commitment meet contract goals? ❑ Yes ❑ No 2) Total eligible Underublized DBE (UDBE) percentage amount from Box A below % 3 List the UDBE firms committed work items and eli ibla UDBE percent of your bid that ou are committing to each CERTIFICATION COMMITTED SUBCONTRACT ELIGIBLE UDBE FIRM NAME EXP DATE WORK ITEM(S) CATEGORY UDBE % ❑ Subcontractor 1 / / ❑ Supplier ❑ Broker 0 o ❑ Subcontractor 2 / / ❑ Supplier ❑ Broker % ❑ Subcontractor 3 / / ❑ Supplier ❑ Broker % ❑ Subcontractor 4 / / ❑ Supplier ❑ Broker % ❑ Subcontractor 5 / / ❑ Supplier ❑ Broker % ❑ Subcontractor 6 / / ❑ Supplier ❑ Broker % BOX A TOTAL ELIGIBLE UDBE PERCENTAGE AMOUNT (Round percentage amounts to the nearest hundredth) ' Additional instructions on how to calculate the actual eligible amounts and percentages for the subcontractor supplier and broker categories are available on the CDOT Form #715 and in the Counting DBE Participation Toward Contract Goals and CDOT s annual DBE goal section of the DBE - Definitions and Requirements in the Standard Special Provisions I understand that If my company Is determined to be the low bidder for the contract on this project I must submit a completed CDOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION for each firm listed on this form to the Transportation Department by 4 00 pm the day after the bids are opened The actual amounts submitted on each CDOT Forth #715 must equal or exceed the percentage commitments documented on this form In addition if my company does not meet the DBE/UDBE goal for this project, I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before the above stated deadline CDOT Form #715s submitted for firms not Included on this form OR for amounts exceeding those listed on this form will be accepted but NOT counted as Good Faith Efforts Only the efforts the contractor made prior to the bid opening will count as Good Faith Efforts I understand my obligation to abide by the policy stated above I shall not discriminate on the basis of race color age sex national origin or handicap in the bidding process or the performance of contracts I DECLARE UNDER PENALITY OF PERJURY IN THE SECOND DEGREE AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE Company Name Date Company Officer Signature Title Previous editions may not be used CDOT Form 714 08104 April2 2008 S DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM 714 Page 1 Apn12 2008 9 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM 714 Page 2 Apn12 2008 10 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM 715 Page 1 Apn12 2008 11 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM 715 Page 2 Apn12 2008 12 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM NO 718 Page 1 Apn12 2008 13 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM NO 718 Page 2 February 15,2008 US 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 CO20090014 AND C 020OR001 s 14TGt-TWA V rnNCTnr irTinXT Decision Nos CO20080014 and CO20080015 dated February 08 Modifications to 2008 supersedes Decision Nos C0020070014 and C0020070015 MOD Number Date pages dated February 09 2007 1 02 15 08 1 5 1 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 Lanmer Mesa Pueblo and Weld counties General Decision No CO20080014 The wage and fringe benefits listed below reflect collectively bargained rates Code Classification Basic Hourly Fringe Benefits Last Rate Mod ELECTRICIANS 1200 Electrical work $150 000 or less (Pueblo county) 2244 1077 1 1201 Electrical work over $150 000 (Pueblo county) 2659 1090 1 1202 Electricians (Adams Arapahoe Boulder Denver Douglas Jefferson Lanmer and Weld counties) 28 91 10 33 1203 Electricians (El Paso county) 2680 12 00 + 3% 1204 Electricians (Mesa county) 2031 856 1205 Traffic Signal Installer (Zone 1) 2383 4 75 + 13 75% 1206 Traffic Signal Installer (Zone 2) 2683 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 125 & Fhghway 50 Zone 2 All work outside these areas POWER EQUIPMENT OPERATORS 1300 Asphalt Screed 2167 822 1301 Bituminous or Asphalt Spreader/Laydown Machine 2167 822 1302 Bulldozer 2167 822 2 U S DEPT OF LABOR, DAVIS BACON MINIMUM WAGES COLORADO DATE 02 15 08 GENERAL DECISION NUMBERS CO20080014 AND CO20080015 RTnHW A V C0V'ZTlzr V`TT0XT 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 2182 822 1306 51 to 90 tons 2197 822 1307 91 to 140 tons 22 12 822 1308 141 tons and over 2288 822 Drill Operator 1309 William MF/Watson 2500 only 2197 822 Grader/Blade 1310 Rough 2167 822 1311 Finish 2197 822 Loader 1312 Barber Green etc 6 cubic yards and under 2167 822 1313 Over 6 cubic yards 2182 822 Mechanic and/or Welder (Includes heavy duty and combination mechanic and welder) 1314 Mechanic and/or Welder 2182 822 1315 Mechanic/Welder (Heavy duty) 2197 822 1316 Oder 2097 822 Power Broom 1317 Under 70 HP 2097 822 1318 70 HP and over 2167 822 Roller (excluding dirt and sod compaction) 1319 Self propelled rubber tires under 5 tons 21 32 822 1320 Self propelled all types over 5 tons 21 67 822 Scraper 1321 Single bowl under 40 cubic yards 21 82 822 1322 Single bowl including pups 40 cubic yards and tandem bowls and over 21 97 8 22 1323 Trackhoe 21 82 822 3 U S DEPT OF LABOR DAVIS BACON MINIMUM WAGES COLORADO DATE 02 15 08 GENERAL DECISION NUMBERS CO20080014 AND r0 70OR0nl s utauwn V rnt tcTnT ir7rnwi ---- ---- -- ------ ...__ 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 1629 425 General Decision No CO20080014 The wage and fringe benefits listed below do not reflect collectively bargained rates 1500 Bricklayers 1555 285 Carpenters 1600 Form Work (Excluding curbs and gutters) 1654 390 1601 All other work 1661 388 1700 Concrete Finishers/Cement Masons 1605 300 Ironworkers 1900 Reinforcing 1669 545 1901 Bridge Rail (Excludes guardrail) 1822 601 Laborers 2001 Fence Erector (Includes fencing on bridges) 1302 320 2002 Form Work (Curbs and gutters only) 1185 345 2003 Guardrail Erector (Excludes bridgerail) 1289 320 2004 Landscape and Irrigation Laborer 1226 3 16 2005 Pipelayer 1355 241 2006 Striping Laborer (Pre form layout and removal of pavement markings) 12 62 3 21 2007 Traffic DirectodFlagger 955 305 2008 Traffic and Sign Laborer (Sets up barricades and cones and installs permanent signs) 12 43 3 22 PAINTERS 2100 Brush 1694 210 2101 Spray 1699 287 POWER EQUIPMENT OPERATORS 2200 Backhoes 1654 4 24 2201 Bobcat/Skid Loader 1537 428 2202 Concrete Pump Operator 1652 430 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Rev 10/20/07 Section 00410 Page 1 4 U S DEPT OF LABOR DAVIS BACON MINIMUM WAGES COLORADO DATE 02 15 08 GENERAL DECISION NUMBERS CO20080014 AND MNIOROn1 S urnlnvA v iv rncTvr,r-rrnwr --- - - - - -- -----...__ 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 1674 266 2204 Forklift 1591 409 2205 Rotomill Operator 1622 441 2206 Post Dnver/Punch Machine 1607 441 2207 Tractor 13 13 295 2208 Compactor (Dirt and soil only) 1670 330 Groundman (Traffic signalization) 2301 Class C 1144 325 Truck Driers 2400 Floats Semi Truck 1486 308 2401 Multipurpose Truck — Specialty & Hoisting 1435 349 2402 Truck Mechanic 1691 301 2403 Pickup Truck (Includes Pilot and Sign/Barricade Truck) 1393 368 2405 Single Axle Truck 1424 3 77 2406 Distributor Truck 1580 527 2407 Dump Truck 2408 14 cubic yards and under 1493 527 2409 15 to 29 cubic yards 1527 527 2410 30 to 79 cubic yards 1580 527 2411 80 cubic yards and over 1645 527 2412 Low Boy Truck 1725 527 2413 Water Truck 1493 527 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(ax1)(n)] 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 CO2009001 s L1Tr.tT lA V rnMCTRr rr7rnwr General Decision No CO20080015 applies to the following counties Alamosa Archuleta Baca Bent Chaffee Cheyenne Clear Creek Conejos Costdla, Crowley Custer Delta Dolores Eagle Elbert Fremont Garfield Gilpin Grand Gunnison Hinsdale Huerfano Jackson Kiowa Kit Carson La Plata Lake Las Ammas Lincoln Logan Mineral Moffat Montezuma Montrose Morgan Otero Ouray Park Phillips Pitkm Prowers Rio Blanco Rio Grande Routt Saguache SanJuan SanMt uel 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 Huerfano Ktowa Las Animas Mineral Otero Prowers Rio 22 44 10 77 1 Grande and Saguache counties) Electrical work over $150 000 (Alamosa Archuleta Baca 3201 Bent Chaffee Conejos Costdla Crowley Custer Fremont Huerfano Kiowa Las Animas Mineral Otero Prowers Rio 26 59 10 90 1 Grande and Saguache counties) Electricians (Clear Creek Eagle Gilpin Grand Jackson Lake 3202 Logan Morgan Phillips Sedgwick Summit Washington 2891 1033 and Yuma counties) 3203 Electricians (Cheyenne Elbert Kit Carson Lincoln Park and Teller counties) 26 80 12 00+ 3% Electricians (Dolores Garfield Gunnison Hinsdale La Plata 3204 Moffat Montezuma, Ouray Pitkin Rio Blanco Routt San Juan 2806 876 and San Miguel counties) 3205 Electricians (Delta and Montrose counties) 2031 856 3206 Traffic Signal Installer (Zone 1) 23 83 4 75 + 13 75% 3207 Traffic Signal Installer (Zone 2) 2683 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 125 & Highway 50 Zone 2 All work outside these areas 6 U S DEPT OF LABOR, DAVIS BACON MINIMUM WAGES COLORADO DATE 02 15 08 GENERAL DECISION NUMBERS CO20OR0014 ATOM C OMORnn1 S T41ra14wA V rni 1TVT Tr`rTnnT General Decision No CO20080015 The wage and fringe benefits listed below reflect collectively bargained rates Code Classifieanon Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS 3300 Bituminous or Asphalt Spreader/Laydown Machine 2167 822 3301 Bulldozer 2167 822 Crane 3302 50 tons and under 2182 822 3303 51 to 90 tons 21 97 822 3304 91 to 140 tons 22 12 822 3305 141 tons and over 2288 822 3306 Grade Checker 2182 822 Loader 3307 Barber Green etc 6 cubic yards and under 21 67 822 3308 Over 6 cubic yards 21 82 822 Roller (excluding dirt and soil compaction) 3309 Self propelled rubber tires under 5 tons 21 32 822 3310 Self propelled all types over 5 tons 21 67 822 3311 Trackhoe 21 82 822 3312 Oiler 2097 822 3313 Water Wagon 2182 822 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) 1592 538 3601 All other work 1630 3 71 3700 Concrete Finishers/Cement Masons 1555 2 85 3800 Groundman (Traffic signalizanon) 1157 3 50 Ironworkers 3900 Reinforcing 1694 677 3901 Bridge Rail (Excluding guardrail) 1676 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 1240 292 4001 Common 1244 353 4002 Concrete Laborer/Mason Tender 1244 3 10 4003 Striping Paint Laborer (Pre form layout and removal of pavement markings) 12 90 3 07 4004 Traffic Director/Flagger 942 321 4005 Traffic/Sign Laborer (Sets up barricades and cones and installs permanent signs) 12 39 3 20 4007 Guardrail (Excludes bridgerail) 1278 3 31 4008 Formwork (Curbs and gutters only) 1292 454 4009 Landscape Laborer (Including irrigation work) 1221 3 16 Painters 4100 Spray 1754 352 POWER EQUIPMENT OPERATORS 4200 Asphalt Plant 1723 120 4201 Asphalt Screed 1621 376 4202 Backhoe 1642 442 4203 Compactor (Dirt and sod only) 1652 3 13 4204 Grader/Blade 1639 420 4205 Mechanic and or Welder (Includes heavy duty and combination mechanic welder) 16 74 4 20 4206 Post Dnver/Punch Machine 1607 441 4207 Rotomill Operator 1628 441 4209 Scraper 1762 3 16 8 U S DEPT OF LABOR DAVIS BACON MINIMUM WAGES COLORADO DATE 02 15 08 GENERAL DECISION NUMBERS CO20090014 AND C0�700R0015 14TaT4vn V rnlvcTTrT rrTTnnr 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 1507 456 4402 Truck Mechanic 1597 461 4403 Multipurpose Truck Specialty and Hoisting 1460 349 4404 Pickup (Including pilot car) 1404 349 4405 Water Truck 1488 207 4406 Distributor 1580 527 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(ax1)(u)] END OF GENERAL DECISION NUMBER CO20080015 9 U S DEPT OF LABOR, DAVIS BACON MINIMUM WAGES COLORADO DATE 02 15 08 GENERAL DECISION NUMI3ERS 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 US 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 18 and 29 CFR Part 7) Write to Wage and Hour Administrator US Department of Labor 200 Constitution Avenue N W Washington DC 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 US 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 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 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 January 17 2008 I 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 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 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 a Have you ever completed a formal training class in the craft that you are working in7 worked as a journeyman in the highway construction industry?) in the employee application or by other suitable means Regardless of the method used the Contractors 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 tourney worker for a protect 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 protect 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 protect 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 COOT protect will be based on information from the items listed below and any additional cntena 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 Contractors 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 protect 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 protect 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 protect termination of the trainee or notification of final acceptance of the protect 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 websde at http //www dot state co us/Bidding/BidForms him 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 Departments federal mandate to bring women and minonties 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 contracts 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 Departments 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 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 004102 00420 Statements of Bidders Qualifications 00420 1 004203 00430 Schedule of Major Subcontractors 004301 CONTRACT DOCUMENTS 00500 Agreement Forms 005001 00510 Notice of Award 005100 00520 Agreement 00520 1 - 00520 6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 006102 00615 Payment Bond 00615-1 006152 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 006502 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 009001 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 00960 4 Project Special Provisions Special Provisions Federal Forms SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS that we the undersigned as Principal and as Surety are hereby held and firmly bound unto the City of Fort Collins Colorado as OWNER in the sum of $ for the payment of which well and truly to be made we hereby jointly and severally bind ourselves successors and assigns THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project 6100 US 287/South College Avenue Bike Lanes NOW THEREFORE (a) If said Bid shall be rejected or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract and for payment of all persons performing labor or furnishing materials in connection therewith and shall in all other respects perform the Agreement created by the acceptance of said Bid then this obligation shall be void otherwise the same shall remain in force and effect it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated The Surety for value received hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid and said Surety does hereby waive notice of any such extension Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER Rev 10/20/07 Section 00410 Page 2 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 A Up to 1 million 0 0 C >2 4 million 640 $800 Aot E >6 8 million 1600 $1700 ' ` _ rA10 P, >12 16million 2240 $2400 gG -51 For each increment of 1 $5million over$20 1280 $1400 million 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 Departments 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 Contractors 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 lob 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 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 protects 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 CDOT 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 Contractors average annual dollar amount of contracts with CDOT 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 $0 00 $3 999 999 0 s $8 000 000 $11 999 999 2 - �$19 $16 000 000 999 999 $24 000 000 $27 999 999 6 l $32 000 000 $35 999 999 8 $40 000 000 $43 999 999 10 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 Apn17 2006 PARTNERING PROGRAM The Colorado Department of Transportation actively encourages partnenng 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 COOT 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 CDOTs Resident Engineer Project Engineer and key project personnel the Contractors 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 COOT 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 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 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 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 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 REQUIRED CONTRACT PROVISIONS FEDERAL AID CONSTRUCTION CONTRACTS FHWA 1273 aectrcnic versim — March 10 1994 REQUIRED CONTRACT PROVISIONS FEDERAL AID CONSTRUCTION CONTRACTS Page I General 1 11 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 GeneralSublefting or Assigning the Contract 7 Vill Safety Accident Prevention 7 IX False Statements Concerning Highway Projects 7 X Implementation of Clean Air Act and Federal Water Pollution Control Act 8 XI Certification Regarding Debarment Suspension Ineligibility and Voluntary Exclusion 8 XII Certification Regarding Use of Contract Funds for Lobbying 9 ATTACHMENTS A Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I GENERAL 1 These contract provisions shall apply to all work performed on the contract by the contractors own organization and with the assistance of workers under the contractors immediate superin tendenoe 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 for 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 ansing out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract Such disputes shall be resolved in actor 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 August 2005 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 protect unless it is labor performed by convicts who are on parole supervised release or probation NONDISCRIMINATION (Applicable to all Federal aid construction contracts and to all related subcontracts of $10 000 or more ) 1 Equal Employment Opportunity Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws executive orders rules regulations (28 CFR 35 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein and imposed pursuant to 23 U S C 140 shall constitute the EEO and specific affirmative action standards for the contractors protect 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 sea ) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract In the execution of this contract the contractor agrees to comply with the following minimum specific requirement activities of EEO a The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract b The contractor will accept as his operating policy the following statement It is the policy of this Company to assure that applicants are employed and that employees are treated during employment without regard to their race religion sex color national origin age or disability Such action shall include employment upgrading demotion or transfer recruitment or recruitment advertising layoff or tem ination rates of pay or other forms of compensation and selection for training including apprenticeship preapprenticeship and/or on the lob training 2 EEO Officer The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so 3 Dissemination of Policy All members of the contractor's staff who are authorized to hire supervise promote and discharge employees or who recommend such action or who are substantially involved in such action will be made fully cognizant of and will implement the contractors EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment To ensure that the above agreement will be met the following actions will be taken as a minimum a Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months at which time the contract ors EEO policy and its implementation will be reviewed and explained The meetings will be conducted by the EEO Officer 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 then reporting for duty with the contractor c All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractors procedures for locating and hiring minority group employees d Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees applicants for employment and potential employees e The contractors 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 contrao- for will include In all advertisements for employees the notation An Equal Opportunity Employer All such advertisements will be placed in publicabons 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 contractors compliance with EEO contract provisions (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women or obligates the contractor to do the same such Imple mentation violates Executive Order 11246 as amended ) c The contractor will encourage his present employees to refer minority group applicants for employment Information and procedures with regard to referring minority group applicants will be discussed with employees 5 Personnel Actions Wages working conditions and employee benefits shall be established and administered and personnel actions of every type Including hiring upgrading promotion transfer demotion layoff and termination shall be taken without regard to race color religion sex national ongm 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 class cation to determine any evidence of discriminatory wage practices c The contractor will penodically review selected personnel actions In depth to determine whether there is evidence of dlscnmi 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 August 2005 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 vathm 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 then 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 bon with the unions joint training programs aimed toward qualifying more minonty 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 minonty 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 proved ing for exclusive referral failed to refer minority employees ) In the 4 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 matenals and leases of equipment a The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract b Disadvantaged business enterprises (DBE) as defined in 49 CFR 23 shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees Contractors shall obtain lists of DBE construction firms from SHA personnel c The contractor will use his best efforts to ensure subcon tractor compliance with their EEO obligations 9 Records and Reports The contractor shall keep such records as necessary to document compliance with the EEO requirements Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by autho nzed 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 protect (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 protect 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 August 2005 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 reslrooms 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 ongin 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 pnor to award of subcontracts or consummation of material supply agreements of $10000 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 protects located on roadways classified as local roads or rural minor collectors which are exempt ) i 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 determinabon 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 promment and accessible place where it can be easily seen by the workers For the purpose of this Section contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis Bacon Act (40 U S C 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics subject to the prow 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 penod 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 employees payroll records accurately set forth the time spent in each classification in which work is performed 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 mcorpo 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 appropn ate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification 3 Payment of Fringe Benefits a Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate the contractor or subcontractors as appropriate shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly rase equivalent thereof August 2005 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 rabo of apprentices to journeyman level employees on the lob 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 lob 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 apprenbceship 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 IN WITNESS WHEREOF the Principal and the hands and seals this day of as are corporations have caused their affixed and these presents to be signed by and year first set forth above PRINCIPAL Name Address By Title ATTEST By (SEAL) By Surety have hereunto set their 20_ and such of them corporate seals to be hereto their proper officers the day Title SURETY (SEAL) Rev 10/20/07 Section 00410 Page 3 6 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 mend and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classifiea bon of work actually performed In addition any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress expressed as a percentage of the journeyman level hourly rate specified in the applicable wage determination Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program If the trainee program does not mention fringe benefits trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman level wage rate on the wage deterimnabon 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 Admmis tration wthdraws 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 define 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 rabo 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 August 2005 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 acbon 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 subcontmctor 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 Distinct 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 relahng 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 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 l(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 oommunmated 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 pars graphs 4 and 5 and watchmen and guards engaged on work during the preceding weekly payroll penod) 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 mg (1) that the payroll for the payroll penod 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 Augustl 2005 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 lob If the contractor or subcontractor fads to submit the required records or to make them available the SHA the FHWA the DOL or all may after written notice to the contractor sponsor applicant or owner take such actions as may be necessary to cause the suspension of any further payment advance or guarantee of funds Furthermore failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5 12 VI RECORD OF MATERIALS SUPPLIES AND LABOR 1 On all Federal aid contracts on the National Highway System except those which provide solely for the installation of protective devices at railroad grade crossings those which are constructed on a force account or direct labor basis highway beautification contracts and contracts for which the total final construction cost for roadway and bridge is less than $1 000 000 (23 CFR 635) the contractor shall a Become familiar with the list of specific materials and supplies contained in Form FHWA 47 Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds prior to the commencement of work under this contract b Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work and also of the quantities of those specific materials and supplies listed on Form FHWA 47 and in the units shown on Form FHWA 47 c Furnish upon the completion of the contract to the SHA resident engineer on Form FHWA 47 together with the data required in paragraph 1b relative to materials and supplies a final labor summary of all contract work indicating the total hours worked and the total amount earned 2 At the prime contractors 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 wntrector'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 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 nary to assure the performance of the contract 4 No portion of the contract shall be sublet assigned or otherwise disposed of except with the written consent of the SHA contracting officer or authorized representative and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract Vlll SAFETY ACCIDENT PREVENTION 1 In the performance of this contract the contractor shall comply with all applicable Federal State and local laws governing safety health and sanitation (23 CFR 635) The contractor shall provide all safeguards safety devices and protective equipment and take any other needed actions as it determines or as the SHA contracting officer may determine to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract 2 It is a condition of this contract and shall be made a condition of each subcontract which the contractor enters into pursuant to this contract that the contractor and any subcontractor shall not permit any employee in performance of the contract to work in surroundings or under conditions which are unsanitary hazardous or dangerous to his/her health or safety as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 US 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 falsificetion 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 Augustl 2005 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 repro 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 $10000 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 sea 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 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 agencys determination whether to enter into this transaction However failure of the prospective primary participant to furnish a certification or an explanation shall dlsquah 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 ad ineligible lower tier covered transaction participant person primary covered transaction principal proposal and voluntarily excluded as used in this clause have the meanings set out in the Definitions and Coverage sections of rules imple menting Executive Order 12549 You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations f The prospective primary participant agrees by submitting this proposal that should the proposed covered transaction be entered Into it shall not knowingly enter into any lower tier covered transaction with a person who is debarred suspended declared Ineligible or voluntarily excluded from participation in this covered transaction unless authorized by the department or agency entering into this transaction g The prospective primary participant further agrees by submitting this proposal that it will include the clause tilted 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 modfioatlon in all lower her 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 tanly 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 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 Augustl 2005 is normally possessed by a prudent person in the ordinary course of business dealings I 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 voluntanly 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 I of this certification and d Have not within a 3 year period preceding this applies tlon/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 her 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 her 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 her 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 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 ad ineligible primary covered transaction participant person prinapal proposal and voluntarily excluded as used in this clause have the meanings set out in the Definitions and Coverage sections of roles 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 ling this proposal that should the proposed covered transaction be entered into it shall not knowingly enter into any lower her covered transaction with a person who is debarred suspended declared ineligible or voluntarily excluded from participation in this covered transaction unless authorized by the department or agency with which this transaction originated f The prospective lower her participant further agrees by submitting this proposal that it will include this clause tilled Certification Regarding Debarment Suspension Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction without modification in all lower her 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 tanly 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 parbapant 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 Iy enters into a lower her 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 Excluslon—Lower Tier Covered Transactions 1 The prospective lower tier participant certifies by submission of this proposal that neither it nor its principals is presently August 2005 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 live 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 ling 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 awl 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 her subcontracts which exceed $100000 and that all such recipients shall certify and disclose accordingly COLORADO DEPARTMENT OF TRANSPORTATION CONTRACTORS PERFORMANCE CAPABILITY STATEMENT Project# 1 List names of partnerships or joint ventures 0 none 2 List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalification statement submitted to CDOT (Attach additional sheets if necessary ) a Key personnel changes p none b Key equipment changes p none c Fiscal capability changes (legal actions etc) p none d Other changes that may effect the contractors ability to perform work none I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE Contractor's firm or company name By Date Ti-tle 2nd Contractor's firm or company name (if pint venture) By Date Title GDOT Form #W5 1192 COLORADO DEPARTMENT OF TRANSPORTATION ASSIGNMENT OF ANTITRUST CLAIMS NO Contractor and Colorado Department of Transportation (COOT) recognize that in actual economic practice antitrust violations ultimately impact on CDOT Therefore for good cause and as consideration for executing this contract and for receiving payments hereunder 1 Contractor hereby irrevocably assigns to CDOT any and all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the particular project goods or services purchased or acquired by CDOT pursuant to this contract 2 Contractor hereby expressly agrees 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 lion with any goods or services provided by the subcontractor in carrying out the subcontractors obliga bons 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 or company or company name CDOT Form MI IMI COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROPOSED Project No UNDERUTILIZED DBE (UDBE) Project Code (SAN) PARTICIPATION Location Form # of Prime Contractor - Send completed/signed form to the Business Programs Office (Instructions on second page) (NOTE See 49 CFR part 20 55 and the DBE Definitions and Requirements in the Standard Special Provisions for further Information concerning counting DBE participation of subcontractors suppliers and service providers toward the projects UDBE goal ) PART I - SUBCONTRACT NAME OF UDBE FIRM TIER CERTIFICATION # EXPIRATION ELIGIBLE UDBE SUBCONTRACT DATE AMOUNT ACTUAL CONTRACTAMOUNT ITEMS OF WORK SUBCONTRACTED PART 1 b - SUPPLY CONTRACT If the supplier is a UDBE Manufacture) of the Items) `- ! ACTUAL UDBE AMOUNT = Entire expenditure for materials and supplies including caster s*del r0'*W%,;0W*6'vided by the firm ELIGIBLE UDBE SUPPLY AMOUNT = I (ACTUAL UDBE AMOUNT) X 100% T If the supplier is a UDBE Regular Dealel' of the Item(s) ACTUAL UDBE AMOUNT =Entire expenditure for materials and supjpgerlfliil4.,ft cost#any delivery services provided by the firm ELIGIBLE UDBE SUPPLY AMOUNT= I (ACTUAL UDBE AMOUfF pro%I' If the supplier Is neither a Manufacture)' nor a Regular Deal" otlhs ! saial-P a'`tc -SERVICE /BROKER CONTRACT NAME OF UDBE FIRM CERTIFICATidN - 1 _ 3 ACTUAL UDBE ELIGIBLE UDBE SUPPLY D AMOUNT AMOUNT MATERIALS SUPPLIED 3 PART I - SEW / BROKER CONTRACT Transportation service (hauling) fees/commissions are to be counted toward contract goals In this section (provided the trucker is NOT classified as a Manufacture) or a Regular Dealel' 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 materialsisupplies provided by the firm 1 ELIGIBLE UDBE SERVICE FEE AMOUNT = I (ACTUAL UDBE AMOUNT) - (Cost of any materials and supplies) J (NOTE The amounts that count toward UDBE goals are limited to the compensation retained by the UDBE broker/agent for services rendered provided the fee/commission is determined by COOT to be reasonable and not excessive as compared with fees customarily charged for similar services ) NAME OF UDBE FIRM CERTIFICATION # EXPIRATION ACTUAL UDBE ELIGIBLE UDBE SERVICE FEE DATE AMOUNT AMOUNT SERVICES RENDERED --•••��� • ..e•o� .,•„K rrevruus aaaions may not oe usea COOT Form 715 05103 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 pnme 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? D> E) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs? PART 3 — PRIME CONTRACTOR CERTIFICATION I certify that my company has met the contracted UDBE goals or has attaq€otile�DOT Form #718 DBE Good Faith Effort Documentation —' �% • my company has accepted a proposal fromShd- DWsubcdntt pj�med above • my company has notified the proposed �coe*ctd"f contracted UDBE commitment • my company s use of the proposeci1.1 swc6oac t the items of work listed above is a condition of the contract award • my company will invite the 1S&' bcor 6of to attend the preconstruction conference • my company will not use a � subcol5tractor for the proposed UDBE subcontractor's failure to perform under a fully executed subcoatr94 ,4 ny complies with the definitions and requirements section of the DBE Special Provisions f I understand thetfailure to odinp4with the information shown on this form will be considered grounds for contract termination I declare under poissity of pper)Wfo the second degree and any other applicable state or federal laws that the statements made on Ill true and complete to the best of my knowledge Prime Contractor Name Date Officer Signature and Title Prime Contractor 6 Retain a photocopy for your records 1 An officer of the contractors) must complete this form 7 Send original to 2 Include only DBE firms which meet the underutilized criteria in Colorado Department of Transportation the contract goal specification for this project (i a UDBE firms) Business Programs Office 3 Complete ONLY ONE section for Part 1 (1 a 1 b OR 1 c) 4201 E Arkansas Ave 4 Complete ALL sections of Part 2 and Part 3 Denver Colorado 80222 5 Submit a separate CDOT Form #715 for EACH proposed UDBE FAX (303) 757 9019 Original - Business Programs Office Previous editions may not be used CDOT Form 715 05103 PAGE 2 COLORADO DEPARTMENT OF TRANSPORTATION Protect UNDERUTILIZED DBE GOOD FAITH EFFORT Locator, DOCUMENTATION The Contractor who Is the apparent low bidder on a CDOT construction protect and has failed to meet the Underutilized DBE (I 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 pnor to 4 00 p m on the day after the day bids are opened This form may be submitted by FAX (303 757 9019) with an original copy to follow An extension may be granted by the DBE Liaison Solely at its discretion CDOT may request additional information and accept additional UDBE participation at any time and prior to the final decision concerning Good Faith Efforts I List sufficient bid items (including portions of bid items) identified as subcontract work to be performed by UDBEs to achieve the established UDBE participation goal Indicate the total percentage of work identified for UDBE participation The total percentage of subcontract items identified for UDBE participation must equal or exceed the percentage goal established by CDOT II For each subcontract item identified contact by mail FAX and/or telephone a minimum of two currently CDOT certified UDBEs whose work and function codes match the type of work being solicited For protects in areas of the state where there are more than two UDBEs capable of performing identified subcontract items contact at least two thirds of those UDBEs If soliciting by telephone provide a telephone log of calls including topic of discussion date time name of person contacted and the response received If soliciting by mail provide copies of letters to LOBES and their responses Letters and FAXes must specifically identify the protect the items to be subcontracted and the bid date Letters and FAXes must provide an address and phone number where specific quantities or details will be available to bidders The Contractor shall provide sufficient time to allow the UDBEs to participate effectively in the bidding process Submit a detailed explanation addressing failure to provide any of the above Original Business Programs Office Copy Contractor OVER Previous editions are obsolete and may not be used CDOTForm#718 3/99 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive This statement must be notarized If necessary questions may be answered on separate attached sheets The Bidder may submit any additional information he desires 1 Name of Bidder 2 Permanent main office address 3 When organized 4 If a corporation where incorporated 5 How many years have you been engaged in the contracting business under your present firm or trade name 6 Contracts on hand (Schedule these showing the amount of each contract and the appropriate anticipated dates of completion ) 7 General character of Work performed by your company 8 Have you ever failed to complete any Work awarded to youP If so where and whys 10 Have your ever defaulted on a contract If so where and why? Are you debarred by any government agency If yes list agency name Rev 10/20/07 Section 00420 Page 1 III List all UDBE and non UDBE bidders bid dollar amounts for each bid Item and the name of the successful bidder Describe how bid items were broken down to increase opportunities for specific UDBE bidders If the UDBE bids were rejected give reasons for each case Cost alone may not be adequate justification for failure to use a UDBE bid If the work is to be counted as a potential UDBE subcontract item the Contractor cannot elect to perform that work itself when a UDBE bid is competitive or only UDBE bids are received When a non UDBE bid is significantly lower than a UDBE bid the Contractor may choose to perform the item itself Whether a bid is competitive or significantly lower will be determined by CDOT Provide a detailed explanation for failure to provide any of the above IV The efforts required herein are not exhaustive or exclusive Other factors or types of efforts may be relevant in appropriate cases In determining whether Good Faith Efforts have been made the quantity and intensity of the efforts made as well as kinds of efforts made may be considered List any additional efforts to increase UDBE contract participation such as requesting subcontractors to assist with providing UDBE participation Note the results of such efforts THE CONTRACTOR UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE GOALS ESTABLISHED BY COOT IS REQUIRED THROUGHOUT THE PERFORMANCE OF THE CONTRACT Title y_" 11 List the more important projects recently completed by your company stating the approximate cost of each and the month and year completed location and type of construction 12 List your major equipment available for this contract 13 Experience in construction Work similar in importance to this project 14 Background and experience of the principal members of your organization including officers 15 Credit available $ 16 Bank reference 17 Will you upon request fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18 Are you licensed as a General CONTRACTOR If yes in what city county and states _ What class license and numbersP 19 Do you anticipate subcontracting Work under this Contract? If yes what percent of total contract and to whom' 20 Are any lawsuits pending against you or your firm at this time IF yes DETAIL Rev 10/20/07 Section 00420 Page 2 21 What are the limits of your public liability? DETAIL 22 What company? What are your company's bonding limitations? 23 The undersigned hereby authorizes and requests any person firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications Dated at this day of Name of Bidder By Title State County of 20 being duly sworn deposes and says that he is of and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct Subscribed and sworn to before me this day of 20 Notary Public My commission expires Rev 10/20/07 Section 00420 Page 3 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 10% of the contract ITEM Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date TO PROJECT 6100 US 287/South College Avenue Bike Lanes OWNER CITY OF FORT COLLINS (hereinafter referred to as "the OWNER') You are hereby notified that your Bid dated 20 for the above project has been considered You are the apparent successful Bidder and have been awarded an Agreement for 6100 US 287/South College Avenue Bike Lanes The Price of your Agreement is Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award that is by 20 1 You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents Each of the Contract Documents must bear your signature on the cover of the page 2 You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders General Conditions (Article 5 1) and Supplementary Conditions Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned to annul this Notice of Award and to declare your Bid Security forfeited Within ten (10) days after you comply with those conditions OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached City of Fort Collins OWNER By James B O Neill II CPPO FNIGP Director of Purchasing & Risk Management Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 20 and shall be effective on the date this AGREEMENT is signed by the City The City of Fort Collins (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR in consideration of the mutual covenants hereinafter set forth agree as follows ARTICLE 1 WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 6100 US 287/South College Avenue Bike Lanes and is generally described in Section Revision 104 ARTICLE 2 ENGINEER The Project has been designed by Felsburg Holt & Ullevig who 1s hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents ARTICLE 3 CONTRACT TIMES 3 1 The Work shall be Substantially Complete within Ninety (90) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within One Hundred Twenty (120) calendar days after the date when the Contract Times commence to run 3 2 Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 1 above plus any extensions thereof allowed in accordance with Article 12 of the General Conditions They also recognize the delays expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time Accordingly instead of requiring any such proof OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter Section 00520 Page 1 1) Substantial Completion One Thousand Seven Hundred Seventy Eight Dollars ($1 778 00) for each calendar day or fraction thereof that expires after the Ninety (90) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete 2) Final Acceptance After Substantial for each calendar the Thirty (30) Acceptance until Acceptance ARTICLE 4 CONTRACT PRICE Completion Six Hundred Dollars ($600 00) day or fraction thereof that expires after calendar day period for Final Payment and the Work is ready for Final Payment and 4 1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows ($ ) $ Dollars in accordance with Section 00300 attached and incorporated herein by this reference ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions Applications for Payment will be processed by ENGINEER as provided in the General Conditions 5 1 PROGRESS PAYMENTS OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR s Application for Payment as recommended by ENGINEER once each month during construction as provided below All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2 6 of the General Conditions and in the case of Unit Price Work based on the number of units completed and in accordance with the General Requirements concerning Unit Price Work 5 1 1 Prior to Substantial Completion progress payments will be in the amount equal to the percentage indicated below but in each case less the aggregate of payments previously made and less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14 7 of the General Conditions 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER when the retainage equals 5% of the Contract Price and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER OWNER on recommendation of ENGINEER may determine that as long as the character and progress of the Work remain satisfactory to them there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed 90% of materials and equipment not incorporated in the Work (but delivered suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14 2 of the General Conditions) may be included in Section 00520 Page 2 SECTION 00020 INVITATION TO BID Rev 10/20/07 Section 00020 Page 2 the application for payment 5 1 2 Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14 7 of the General Conditions or as provided by law 5 2 FINAL PAYMENT Upon Final Completion and Acceptance of the Work in accordance with paragraph 14 13 of the General Conditions OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14 13 ARTICLE 6 CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations 6 1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents Work site locality and with all local conditions and Laws and Regulations that in any manner may affect cost progress performance or furnishing of the Work 6 2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4 2 of the General Conditions 6 3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations investigations explorations tests reports and studies (in addition to or to supplement those referred to in paragraph 6 2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost progress performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price within the Contract Times and in accordance with the other terms and conditions of the Contract Documents including specifically the provisions of paragraph 4 2 of the General Conditions and no additional examinations investigations explorations tests reports studies or similar information or data are or will be required by CONTRACTOR for such purposes 6 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities No additional examinations investigations explorations tests reports studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price within the Contract Times and in Section 00520 Page 3 accordance with the other terms and conditions of the Contract Documents including specifically the provision of paragraph 4 3 of the General Conditions 6 5 CONTRACTOR has correlated the results of all such observations examinations investigations tests reports and data with the terms and conditions of the Contract Documents 6 6 CONTRACTOR has given ENGINEER written notice of all conflicts errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR ARTICLE 7 CONTRACT DOCUMENTS 7 1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions Supplementary Conditions those items included in the definition of Contract Documents in Article 1 10 of the General Conditions and such other items as are referenced in this Article 7 all of which are incorporated herein by this reference 7 2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference and include but are not limited to the following 7 2 1 Certificate of Substantial Completion 7 2 2 Certificate of Final Acceptance 7 2 3 Lien Waiver Releases 7 2 4 Consent of Surety 7 2 5 Application for Exemption Certificate 7 2 6 Application for Payment Section 00520 Page 4 7 3 Drawings consisting of a cover sheet and sheets numbered as follows 1 TT-01 TITLE SHEET 2 SP-01 STANDARD PLANS LIST 3 GN-01 GENERAL NOTES 4-5 SAO-01 TO SAQ-02 SUMMARY OF APPROXIMATE QUANTITIES 6 TB-01 TABULATIONS 7 TB-02 EARTHWORK/SURFACING TABULATIONS 8-11 TY-01 TO TY-04 TYPICAL SECTIONS 12-14 GEM-01 TO GEM-03 GEOMETRIC LAYOUT 15 PL-01 TRAIL PLAN - MAIL CREEK TRAIL 16 PL-02 TRAIL PLAN - FOSSIL CREEK CONNECTION 17 PR-01 TRAIL PROFILE - MAIL CREEK TRAIL 18 PR-02 TRAIL PROFILE - FOSSIL CREEK CONNECTION 19-23 OT-01 TO DT-05 TRAIL DETAILS 24 DT-06 TRAIL DETAILS PIONEER DRIVEWAY 25-27 SS-01 TO SS-03 TABULATION OF SIGNS 28 SS-04 TABULATION OF PAVEMENT MARKING 29-40 SS-05 TO SS-16 SIGNING AND STRIPING PLAN 41 SS-17 SIGNING AND STRIPING DETAILS 42 CTC-01 TAB OF TRAFFIC CONTROL ITEMS 43-46 CTC-02 TO CTC-05 CONSTRUCTION TRAFFIC CONTROL 47 CTC-06 MOBILE PAVEMENT MARKING ZONE 48-52 W1 TO W5 WALL PLANS 53-54 UT-01 TO UT-02 UTILITY PLANS 55 EC-01 EROSION CONTROL TABS 56-57 EC-02 TO EC-03 EROSION CONTROL PLANS 58 EC-04 STORM WATER MANAGEMENT PLAN 59 EC-05 EROSION CONTROL DETAILS 60-63 X-01 TO X-04 CROSS SECTIONS - MAIL CREEK TRAIL 64 X-05 CROSS SECTIONS - FOSSIL CREEK CONNECTION 1 - 9 R-O-W RIGHT OF WAY PLANS (FOR INFORMATION ONLY) The Contract Drawings shall be stamped "Final for Construction" and dated Any revisions made shall be clearly identified and dated 7 4 Addenda Numbers to inclusive 7 5 The Contract Documents also include all written amendments and other documents amending modifying or supplementing the Contract Documents pursuant to paragraphs 3 5 and 3 6 of the General Conditions Section 00520 Page 5 7 6 There are no Contract Documents other than those listed or incorporated by reference in this Article 7 The Contract Documents may only be amended modified or supplemented as provided in paragraphs 3 5 and 3 6 of the General Conditions ARTICLE 8 MISCELLANEOUS 8 1 Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions 8 2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound and specifically but not without limitations moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document 8 3 OWNER and CONTRACTOR each binds itself its partners successors assigns and legal representatives to the other party hereto its partners successors assigns and legal representatives in respect to all covenants Agreement and obligations contained in the Contract Document Section 00520 Page 6 OWNER CITY OF FORT COLLINS CONTRACTOR By By JAMES B O NEILL II CPPO FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT Date Attest City Clerk Title Date Attest (CORPORATE SEAL) Address for giving notices Address for giving notices P O Box 580 Fort Collins CO 80522 LICENSE NO Approved as to Form Assistant City Attorney Section 00520 Page 7 SECTION 00530 NOTICE TO PROCEED Description of Work 6100 US 287/South College Avenue Bike Lanes To This notice is to advise you That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER That the required CONTRACTOR s Performance Bond and Payment Bond have been received by the OWNER That the OWNER has approved the said Contract Documents Therefore as the CONTRACTOR for the above described Work you are hereby authorized and directed to proceed within () calendar days from receipt of this notice as required by the Agreement Dated this day of 20 The dates for Substantial Completion and Final Acceptance shall be 20_ and 20 respectively City of Fort Collins OWNER By Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR By Title Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 BOND KNOW ALL MEN BY THESE PRESENTS that Bond No (Firm) (Address) (an Individual) (a Partnership) (a Corporation) hereinafter referred to as the 'Principal" and (Firm) (Address) hereinafter referred to as "the Surety" are held and firmly bound unto City of Fort Collins 300 Laporte Ave Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER" in the penal sum of in lawful money of the United States for the payment of which sum well and truly to be made we bind ourselves successors and assigns jointly and severally firmly by these presents THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER dated the _ day of 20 a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project 6100 US 287/South College Avenue Bike Lanes NOW THEREFORE if the Principal shall well truly and faithfully perform its duties all the undertakings covenants terms conditions and agreements of said Agreement during the original term thereof and any extensions thereof which may be granted by the OWNER with or without Notice to the Surety and during the life of the guaranty period and if the Principal shall satisfy all claims and demands incurred under such Agreement and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void otherwise to remain in full force and effect Rev 10/20/07 Section 00610 Page 1 PROVIDED FURTHER that the said Surety for value received hereby stipulates and agrees that no change extension of time alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change extension of time alteration or addition to the terms of the Agreement or to the Work or to the Specifications PROVIDED FURTHER that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied PROVIDED FURTHER that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF this instrument is executed in three (3) counterparts each one of which shall be deemed an original this _ day of 20_ IN PRESENCE OF (Corporate Seal) IN PRESENCE OF IN PRESENCE OF (Surety Seal) Principal Title) (Address) Other Partners By By Surety By By (Address) NOTE Date of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership all partners should execute Bond Rev 10/20/07 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No KNOW ALL MEN BY THESE PRESENTS that (Firm) (Address) (an Individual) (a Partnership) (a Corporation) hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety" are held and firmly bound unto the City of Fort Collins 300 Laporte Ave Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER in the penal sum of in lawful money of the United States for the payment of which sum well and truly to be made we bind ourselves successors and assigns jointly and severally firmly by these presents THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER dated the _ day of 20 a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project 6100 US 287/South College Avenue Bike Lanes NOW THEREFORE if the Principal shall make payment to all persons firms subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof including all amounts due for materials lubricants repairs on machinery equipment and tools consumed rented or used in connection with the construction of such Work and all insurance premiums on said Work and for all labor performed in such Work whether by subcontractor or otherwise then this obligation shall be void otherwise to remain in full force and effect Rev 10/20/07 Section 00615 Page 1 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 2nd Floor Fort Collins Colorado 80524 If mailed the mailing address is P 0 Box 580 Fort Collins CO 80522-0580 At said place and time and promptly thereafter all Bids that have been duly received will be publicly opened and read aloud 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 CDOT 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 qov/stats/7obpat/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 PROVIDED FURTHER that the said Surety for value received hereby stipulates and agrees that no change extension of time alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond and it does hereby waive notice of any such change extension of time alteration or addition to the terms of the Agreement or to the Work or to the Specifications PROVIDED FURTHER that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied PROVIDED FURTHER that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER IN WITNESS WHEREOF this instrument is executed in three (3) counterparts each one of which shall be deemed an original this day of 20 IN PRESENCE OF Principal (Corporate Seal) IN PRESENCE OF IN PRESENCE OF (Surety Seal) By (Title) (Address) Other Partners Surety By By (Address) NOTE Date of Bond must not be prior to date of Agreement If CONTRACTOR is Partnership, all partners should execute Bond Rev 10/20/07 Section 00615 Page 2 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance Rev 10/20/07 Section 00630 Page 1 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 INCLUDE OWNER CONTRACTOR Fort Collins Colorado City of Fort Collins CONTRACT DATE The Work performed under this contract has been inspected by authorized representatives of the OWNER CONTRACTOR and the ENGINEER and the project (or specified part of the project as indicated above) is hereby declared to be substantially completed on the above date A tentative list of items to be completed or corrected is appended hereto This list may not be exhaustive and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated By CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as 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 AUTHORIZED REPRESENTATIVE REMARKS Rev 10/20/07 Section 00635 Page 1 DATE SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO Gentlemen 20 You are hereby notified that on the day of 20 the City of Fort Collins Colorado has accepted the Work completed by for the City of Fort Collins project 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 Documents which are dated _ 20_ the terms of the Contract 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 Citv 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 (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 fees incurred as a result of such claims Rev 10/20/07 Section 00650 Page 1 5 The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER the lender if any and Surety on any labor and material bonds for the project Signed this day of CONTRACTOR By Title ATTEST Secretary STATE OF COLORADO ) )ss COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_ by Witness my hand and official seal My Commission Expires Notary Public r� Rev 10/20/07 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO City of Fort Collins Colorado (hereinafter referred to as the "OWNER") CONTRACTOR PROJECT 6100 US 287/South College Avenue Bike Lanes CONTRACT DATE In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER as set forth in the said Surety Company's Bond IN WITNESS WHEREOF the Surety Company has hereunto set its hand this day of (Surety Company) By ATTACH Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact Rev 10/20/07 Section 00660 Page 1 DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232 2416 OVOMTnM nn<7n CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26 114(1)(a)(XIX) 0 DO NOT WRITF IN THIS gPACF 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 ReglstratioNAccount No (to be assigned by DOR) 89 - Period 0170-750 (999) $0 00 CONTRACTOR INFORWTION Trade name/DBA Owner partner orcorpomte name Mailing address (City State Zip) Contact Person E Mail address Federal Employer's Identification Number Bid amount for your contract Is Fax Number ( ) Business telephone number Colorado withholding tax account number COONS Of Copttdct OF egteetIIen4 Pages (1) Ong the corurading EXB4rn *#4FQRhb(ym paw(2�etsnfaining-sWnsWsasoftontracttngpaeNasmud be 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 (ies) where project is located) Scheduled Month Day year Esbmated Month Day Year construction start date completion date I declare under penalty of perjury in the second degree that the statements made In this application are true and complete to the best of my knowledge Signature of owner partner or corporate officer Tide of corporate officer Date DO NOT WRITE BELOW THIS LINE Section 00670 Page 1 Special Notice Contractors who have completed this application in the past please note the following changes in procedure The Department will no longer issue individual Certificates of exemption to subcontractors Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects Upon receipt of the Certificate the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it The original Certificate should always be retained by the prime contractor Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit Once an 89# has been assigned to you please use the next five numbers following it for any applications submitted for future projects This should be your permanent number For instance if you were assigned 89-12345 0001 every application submitted thereafter should contain 89 12345 on the application The 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 Page 2 SECTION 00700 GENERAL CONDITIONS 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-1do 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 GENERAL CONDMONS Mmilly CONSTRUCTION CONTRACT Thew UbNLRAL CONDITIONS have been developed b) usin6 the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepsr�d by the Enguievs Joint Contra t Doctunents (ommittee FJ( D( No 1919-8 (1990 hdinon) as a base ( hanges to that document ar, shown by underlining tent that has lhy%n added and striking through text that has been deleted FJCDC GFNERAI CONDITIONS 1910-8 (1990 FDITTON) WI IH (-II Y OF FORI COLLINS MODIFICAI IONS (RhV 9/99) TABI F OF CONTENTS Or GrNFRAT CONDITIONS Article or Paragraph Number 3 Title DEFINITIONS 1 I Addend I 12 Agreement 13 Application for Payment 1 4 Asbestos 15 Bid 1 6 Bidding Documents 1 7 Biddinb Requirements I8 Bonds 1 9 ( hange Order 1 10 ( ontract Documents 1 I Contract Price 1 12 ( ontract Tunes 113 CONTRACTOR 114 kfectrve 1 15 Drawings 116 Pffective Date of the Agreement 117 ENGINEER 118 EVANEERs Consultant 1 19 Field Order 1 .A Goneal Requiem nts I I Hazardous %Vaste 1 2 a I aws and Regulations I aws or Regulations 122 b I egal Holidays I 3 Liens 124 Nfllestone 1 5 Notice of Award 1 16 Notice to I roceed 127 OWNER 128 Partial Utilization 1 J PCBs 131) Petroleum 131 project 1 32 a Radiownve'vfatenal 1 32 b Regular Working Hours 133 Resident Project Represemative 134 Samples 1 3s Shop Drawings 1 36 specifications 1 37 Subcontractor 1 38 Substantial ( ompletion 1 39 Supplementary Conditions 140 Supplier 141 Underground Faulities 1 4_ Unit Pru, Work 143 Work 1 44 "ork ( barge Directive 1 40 Written Amendment Page Article or Paragraph Number Number & ride Page Number I _ PRELIMINARS MATTERS 3 1 2 1 Delivery of Bonds 3 1 22 Copies of Daeumenta 3 1 23 Commencement of ( ontract I runes Notice to Proceed 3 1 24 Starting the Wod, 3 1 2 5 27 Before Starting Construction 1 CONTRACTOR s Responsibility 1 to Report Preliminary Schi,diles 1 Delivery of ( eniticates of I Insurance 34 1 28 Preconstructicm Confercm4 4 1 29 Initially Acceptable Schedules 4 1 1 3 CONTRACT DOCLWNTS INTENT I AVF%,DINC RAUSE 4 1 31 32 Intent 4 1 33 Reference to Standards and Spout I ficatlons of Technical Societies I Reporting and Resolving Di - Mpanct a 4 _ 34 Intent of ( main Terms or Adjecti)cs 5 2 3 Amending Contract Docunents 5 2 36 Supplementing Contract Documents 5 37 Reuse of Documents 5 2 4 AV All ABII I r7 OF I ANDS SUBSURFACE, AND PHYSICAL CONDITIONS 2 REFERENCE POINTS 5 2 41 Availability of Lands 5-6 _ 42 Subsurtace and Physical _ ( onditions 6 4' 1 Reports and Drawings 6 2 411 1 im ited Reliance by ( ONTRA( I TOR Authortced T chntcal 2 Data 6 2 4 2 3 Notice of Differinf, Subsurface 2 or Physical ( ondaions 6 2 4 2 4 FNCINFFR s Revtcw 6 411 Possible ( ontract Documents _ Change 6 4 2 0 Possible Price and Times ?, 3 Adjustments C 7 3 43 Ph"wal ( onditions I nderground 3 Facihti s 7 3 43 1 Shown or Indicated 7 3 43 - Not Shown or Indurated 7 44 Reference Points 7 I,Xt C1,N6R4 CONDITIONS 1910 a(IWO EDIIION) al CSTY Or FORT COI 1 IN4 MODIFICATI ON4 (RFV 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number dt rule Num her 45 Asbestos, PCBs Petroleum Hazardous Waste or Radioactive Mat rail 5 BONDS AND INSURAN(F 5 1 52 Performance Payment and Other Bonds 13 Lit.ensed Sureties and Insurers Certificates of Insurance 14 C ONTRACfOR s t inbility Insuranc, 55 O%NLRs Liability Insurance 56 Property Insurance 5 7 ©oiler and Machinery or Addi tional Property Insurance � 8 Notice of( ancellatmn Proxsion 59 CONTRACTOR s Rusponsibility for Deductible Amounts 10 Other Special Insurance ill Waiver of Rights S I S 13 Receipt and Apphcati0a of Inswancu Procc ds 14 Acceptanul, of Bonds and Insm once Option to Replace 1> Partial Ltilieation Property Insurance 6 CONTRA( -TORS RFSPONbim I iI ,b 6 1 o'_ Supervision and Supunntendeneg 6 3 6 5 tabor Materials and Fgwpment on Progress Schedule 67 Substitutes and Or Equal Items CONTRICTORs Expense Substitute Cortstruetion M thuds or Procedures I NGINFFRs 1-valuation 0"ll Concerning Subcontractors Suppliers and Others Waiver of Rj hts o 1, Patent Fits and Royalties 613 Pcrm its 6 14 1 aws and Regulations 615 Taxes 616 Use of Prom lses 617 Site Cleanliness 618 Safe Stru,turnl Loading 619 Record Documents 620 1,atety and Protection o 21 Safety Representative 611 Hazard ( ommunication Programs 623 Emergencies 624 Shop Drawings snd Samptus 78 8 8 8 9 9 9 10 W 12 13 13 14 14 14 14 14 15 IS IS 15 15 15 16 16 16 16 to 625 Submittal Proceedwes CON TRACTOR s Review Prior to Shop Drawing or Simple Suhmittal 16 o 26 Shop Drawing & Sampk Submit tals Review by LNGINLLR 16 17 627 Responsibility for Fanttions From Contract Dorian ents 17 6 8 Related Work Performed Prior to FN( 1NhFRs Review and Approval of Rugwred Submittals 17 629 Continuing the Work 17 630 CONTRACTORS General Warranty and Guarantee 17 6 31 6 33 Indemnification 17 18 634 Survival of Ohhgations 18 7 OHIERWORK 7173 Related\4ork at Site 74 (oordmation 8 OWNFR S RFSPONSIBIi ITIFS 8 1 ( ommunications to ( ON TRACTOR 82 Replacement of EN( nI EER 83 Famish Data and Pay Promptiv Whun Duu 84 Lands and Easl.ments Reports and 1 csts 85 Insurance 86 Change Orders 87 Inspections Tests and Approvals 8 8 Stop or Suspend Work 1 crmimic ( OM RA( TORS Services 89 Lam itations on OWNERS Responsibilities 8 10 3sbestas, PCBs P trol um Hazardous Waste or Radioactive Material 8 It Evidence of Finamal Anangemcnts 9 ENGINEERS STATUS DLRINIG CONSTRUCTION 91 OWNF Ra Repres INativ 92 Visits to Site 9 3 Project Representative 94 Clarifications and Interpre rations 9, Authorized Variations in Wrk 18 18 19 19 19 19 19 19 19 19 19 19 19 19'1 21 21 OCIX OLNLRAL CONDI ❑ONS 1910 81199i) FDi TUM wi (1TY Or FORT POLI INS N(ODlrlt ATIONS 11R.FV 9i991 Article or Paragraph Page Article or Paragraph l age 'Dumber,@ rule Number Number&. Title Number 96 Rejecting Dejecrve Work 1 138 139 Uncovering Wort, at EN61 9799 Shop Drawings Change Orders NEER s Request 17 28 and Paym nts 1 1110 OWNER May Stop the Work 28 910 Determinations for Unit Pit" 11 2_ 13 it Comccum or Removal of 911 9 12 Decirionr on Disputes FN(A Defectit a Work 28 NhbR as [mllal Inlerpretc( 22 13 12 Correction Period 28 913 Limitations on ENGINEER s 1313 Acceptance ofDefectwe Work _8 Authontyand Responsibilities 2123 1314 OWNER May Correct Defeclne Work 18 29 CHAN6FSIN HIE WORK 13 101 OWNER s Ordead ( hange 21 14 PAYMFNTS 10 ( OM RA( TOR AND 102 Claim for Adjustment 23 COMPLE110N 29 103 Work Not Required by Contract 141 Schedule of values 29 Documents 23 142 Application for Progress 104 Change Orders �3 Payment 29 Ill Notification of Surety 23 143 ( ON1 RA( fOR s Warranty of Till, 9 ( HANGF OF ( ON I RA( I PRIG F '3 144 147 Review of Applications for l I I 113 C ontract Price Uaim for Progress Paymonis 29 10 Adjustment Value of 148 149 Substantial Completion 30 the Work 23 _4 1410 Partial ❑tihzattoo 30 31 114 Cmtofth Work 2425 1411 Ftnsl ln%pectlort 31 11 Faclmions to Colo( the W ork 'I 14 12 Final Application lot Paym nl 31 11 6 ( ON] RA( 1 OR s Fee '1 14 11 1414 Final Payment and Acceptance 31 11 7 Cost Records 25 26 14 15 Waiver of Claims JI 32 Il8 Cash Allowances ,6 11 9 Unit Price Work 26 IS St SPENbION OF WORK ',ND TFRMINATION 32 CHANGE OF CONTRACT TI1v4ES .,6 1+ 1 OWNER Mav Suspend Work 32 121 ( laim for Adjustment 6 152154 OWNF R May Term mate 3_ 12 2 Time of the Essence io I S . CONTRACTOR Mav Slop 113 Delays Beyond CONTRACTORS Work or Term mate 32 33 Control 26 27 124 Delays PAyond OWNFIZ % and 16 DISPUrF RFSOI UrION 13 CONTRACTORS Control _7 17 MIS( FI LANFOUS 33 TESTS AND INSPECTIONS CORRECTION 171 Giving Notice 33 RbMOV'LL OR A( CEPTANCh OF 172 Computation of l tines 33 DEFEC77PE WORK 27 173 Notice of( laim 33 13 1 Notice of Defects 17 174 Cumulative Remedies 13 132 Access to th Work 17 17 5 Prolessional F s and Cowl 13 3 1 n" and Inspections ( arts Included 33 CONTRACTORS Cooperation 7 176 Applicable State Laws 33 34 134 OWNhRs Responsibilities Intentionally left blank 35 Independent Testing I iharatory '7 13 5 CONTRACTORS EXHIBIT GC A (Optional) Responsibilities 7 Dispute Resolution Agreement GC 11 136 13 7 ( overing Work Prior to inspec It 1 166 Arbitration (r( At lion Testing or Approval 27 167 Mediation GC Al L C ( NtAAL (0NDI110M 1910 a (19901 DITI(IN) w/0TYOFPORT401 lI SMODIFICATION%MFV9997 FNDFX TO GFNFRAI CONDITIONS City of Fort ( olllns modifications to the General ( ondtuons of the ( onstruction Contract are not shown in this index Article or Paragraph Number Accept1nce of Bonds and Insurance 514 dejectne Work 11) 4 1 13 5 13 13 final payment 91- 14 15 insurance 5 14 other Work, by CONTRACTOR 73 Substitutes and Or Equal Items 6 7 1 Work by OWNFR 630 634 Access to the I ands OWNhR and CON rRA(30R responsibilities 41 site related Work 72 Work, 13 1314 149 Acts or Om isslons Acts and Omissions (.ONrRACIOR 691 91,3 HNCINHHR 620 913 3 OWNER 620 89 Addenda definition of (also see definition of Specifications) (1 6 1 1(1 6 19) 1 1 Additional Prop rty Insurances 17 Adjustments Contract Prlee or ( ontract limes 15 35 41 432 452 413 94 95 102104 11 12 148 111 progress schedule 66 Agreement definition of I All Risk Insurance policy form 5 6 2 Allowances Cash II 8 Amendml, Contract Documents 3 S Amendment Written in general 110 145 3:, 51(1 51_ 662 6 8 ' 619 101 104 112 121 14 12 2 1472 Appeal OWNER orCONTRACTOR intent to IIo )11 104 16. 165 Application for Payment definition of 13 FNGINFFRs Responsibility 99 final payment 9 13 4 9 13 5 14 1' 14 15 in general '_` 8 _) 5 6 4 9 10 l5 5 progress payment 14 1 147 review of 144 147 Arbitration 16 1 166 Asbestos claims pursuant thereto 451 45 3 CONTRACTOR authorized to stop Work 4 � 2 definition of 14 Article or Paragraph Number (IWNHR responsibility for 451 810 possible price and times change 45 Authorized Variations in Work 36 625 627 95 Availability of Lands 4 1 84 Award Notice of defined 1 ''5 Betore Starting Construcliort 2 2 8 Bid definition of 1 5 (I l I 10 2 r 33 4264 613 It43 1191) Bidthng Do, nnents—definition Of Biddm6 Requirements- definmrxl of Bonds acceptance of additional bonds Cost of the Work definition of delivery of final Application for payment g m.ral Pertormance Pavmenl and Other Bonds and Insuranu, in general Builders risk all risk policy form ( aneellation Provisions, Insurance ( ash Allowances Certificate of Substantial Completion Certificates of Inspectmn C'eniftcates of Insurance 17 56) >8 16(682) 17(l1 4262) +14 105 11459 11 s4 I� r ] S 1 14 1' 1414 1 to I153'111 913 105 1476 152 5 56.'. 5411 58 sU 11 8 138 030'3 148 1410 0134 135 1412 53 1411 5413 e 14 9 13 4 1412 Change in Contract Price ( tsh Allowances claim for price adjustment 4 1 4_ 6 4 5 5 15 6 8 95 911 102. 105 112 1313 1314 147 151 CONTRACTORS Cc, ( ost of the Work general Exclusions to Cost Records in general I l0 1 44 9 11 10 4_ Lump Sum Prlcng Notification of tiurcty Scope of Teslmy and lnspeUron Uncovering the Work 11 8 94 139 153 116 11 4-11 7 11 S II7 1043 11 1132 105 103 104 139 t P kanNERALCONDITIONS I9te4o"OFOtI1ON) w/ (/TY OF FORT Cot I INS FIOCKM ATIONS (RrV 9 99) I trot Price Work 119 ('ONTRACrOR, I, cc Article or Paragraph ?,umber Value of Work ( hange in ( ormact fumes ( laim for times adjustment 41 682 94 95 911 139 1313 1314 Contractual time limits Dchns beyond CONTRACTORS control Delays beyond OWNP Rs and CONTRACTORS control Notificatron of surety Scope of change Change Orders - Acceptance ofDefechve Work Amemding Contract Documents ( ash Allowances ( hange of Contract Rue Change of Contract Times Changes in the Work ( ON TPA( TOR s foe Cost of the Work ( ost Records definition of emergencies ENGINEERS responsibility 98 execution of Indemmhctioq c 1' Insurance bonds and OWNER may term male OWNERS Responsibility Physical Condittons Subsurface and, Vnd,rground Facilities Record Docum ents Scope of Change Substitutes Unit Rice Work s aloe of Work covered by Changes in the Work Notification of surety OWNERsand CONTRACTORS responsibilities Right to an adjustment Scope, etching, Claims 116 Article or Paragraph Number 11 i CONTRACTORS liability s 4 C 12,6 Ili 031 Cost of the Work 114 11 5 426 45 15 Decisions on Disputes 911 912 102 105 121 Dispute Resolution 161 147 151 15 9 Dispute Resolution Agreement 161 166 122 ENGINEER as initial interpretor ) 11 Lump Sum Pricing 11 3 2 1' 3 Notice of 173 OWINFRs 9 4 9 S 911 In' 112 It 124 121 139 1313 1314 173 105 OWNERS liability 5, 103104 OWNER may refuse to make payment, 147 10 Ito 114 11 7 11 7 19 0'3 104 112 121 104 6 16 631 633 510 S 13 10 5 1a2154 $o 104 4'_ 432 619 103 104 673 682 119 11 3 10 In 5 104 In 103104 against ( ONTRAc rOR 616 against EMANTER 632 against OWNI,R 632 Change of Contract Rice 94 11 _ Change of Contract Times 94 111 CONTRACTOR s 4 71 94 95 911 102 It 119 121 139 148 151 115 173 Professional Fees and Court Costs Included 17 , request for formal decision on 911 Substitute Items 6 7 1 ' Time f xtensmn 1' 1 Time requirements 911 121 Unit Price Work 1193 Yalu of 113 Wnrvcr of on Final Payment 1414 14 I, Work ( hange Directive 10 1 written riche, required 911 11 12 1 Clarufi,stions and lntcspretaticns 363 94 1) 11 Clean Site 617 ( odcsof technical Soelety Organization or Association 3 I I ( om menccment of( ontract fumes 23 Communications general 62 692 81 Hazard Communication Programs G 22 ( oinpletion Final Application for Pryment 14 12 P nial Inspection 14 It Final Payment and Acceptance 14 13 14 61 Partial Utilization 14 10 Substantial Completion 138 149149 Waiver of Claims 141, Computation of Times 172 1 172 ( oncerning Subcontractors Supplicrs and Others o 8 6 11 C,onterences initially ai.cepuble schedules ' 9 preconstructioll R Conflict Error \mbiguity Discrepancv ( ONFRA( rOR to Report 2 5 3 32 Construction before starting by (ONIhA(IOR 2527 Construction bfachinery Equipment etc 64 Continwng the Work C 29 104 Contract Documents Amending 35 finds s I FK6 GENERAL COMMONS 1910 8 (199a IDIIIONr col IITY OF FORT CC 1 I INS MODIFICATIONS mrV 9 99) ( ash Allowances 11 8 Stop Work requirements 4 5 2 CON7RA(IORs— Article or Iitragraph Number Chang, of Contract Ric., ( hange of ( ontract Times 12 ( barges in th Work 104 105 check and verify 2 5 Clarificnnons and Interpretations 32 36 94 9 11 definition of 1 10 I NGINF FR as moral interpreter of 911 FN( NI-F R as OWNER s reoresentatn a 91 genera13 Insurance 5 3 Intent 3 13 4 manor variations in the Work 3(' OWNbRs responsibility to furnish data 8 3 OWNERS responsibility to make prompt payment S 3 144 14 13 precedence 3 1 3 3 3 Re ord Documents 619 Reference to Standards and Specifications of rechmcal Soct trey 3 3 R,Iat,d Work 72 Reporting and Resolving Discrepancies 2 5 3 3 Reuse of 37 Supplementing 36 Termination of ENGINEER s Employment 8' I. nu Pno. Work 119 variations 3( 613627 4is,tsto Site hNOINFERs 92 CoatraLt Price adjustment of 35 41 94 103 11 _ 113 Change of I I Dxasion on Disputes Oil definition of 1 11 ( nntract rime, adjustment of 35 41 94 103 1_ Change of 1' 1 114 ( om mencement of .. 3 dLfinition of 1 1' CONTRACTOR — Acceptance of Insurance 14 Communications 62 69 Continue Work 6 ) 104 Loorch iation and scheduling 6 9' d,tininon of 1 13 Limited Reliance on Technical Dam Authonrcd 4 May Stop Work or Term mate Is 5 port ide site access to others 72 13 _ Safety and Protection 43 12 6 16 618 621623 72 13_ Shop Drawing and Sample Review Prior to Submittal 6 25 )VULle or Piragraph Number ( ompensauon l l 1 I1 ( ontinuing Obligation 14 15 Uej,ahve Work 90 13 10-13 14 Duty to corre4 defective l4 ork 1311 Duty to Report Changes in the Work caused by Emergency o 3 Defects in Work of Others 73 Dlffertng conditions 4 2 3 Discrepancy an Documents 25 33 6 14 2 Underground Facilities not indicated 432 Emergencies 623 Equipment and Machinery Rental C ost of th, Work 11 4 5 3 F cc (Ast plus 11 4 5 6 11 5 1 116 Cienerel Warranty and Guarantee 630 Hazard COmmorneation Proyams 022 Indemnification 612.616 631 633 Insp,cuon of th, Work 73 134 I abor Materials and Equipment ¢ 3 6 I aws and Regulations, C imp[ ance by 6 14 1 Liability Insurance 54 Nonce of Intent to Appeal ) 10 104 obligation to perform and complete th, Work 630 Patent Fe,s and Royalties paid for by 6 12 Performance and Oth r Bonds 5 1 Permits obtained and paid for by 613 Progress SLhedule 2 6_ 8 2) o 6 6 9 104 1521 Request for formal decisionon disputts oil R sponsibihtits ( hanges in the Work lot Concerning Subcontractors Juppliers and Others 6 8611 Contmm%the Work 629 104 CONTRACTORS V,ns, 671 CONTRACTORS General Warranty and(uarantee 630 CONTRACTOR s review prior to Shop Drawing a Sample submittal 625 Cotrdin mots of Work 69, Emergencies 623 ENGINEERS evaluation Substitutes or Or Fqual Items 673 For Acts and Omissions of Others 691 692 913 for deductible amounts insurance '9 general o 7' 73 89 Hazardous Communication Programs 62, Indemnification 031633 vti iJ ix(A.NF m coMllnoN5191a S(t9 Eirnom W (11rY OF FORT COI LINS MODIF[PATIONi 11V V 9199) I ahor Materials and Pqutpment 6 3 6 5 ( ON1 RAC rORS -other 7 Laws and Regulations 614 Contractual 1 tabihly, Insurance 54 10 Liability Insurance 54 Contractual Time Limits 12 2 Article or Paragraph Article or Paragraph Number Number Notice of variation from C ontract Coordination Documents 617 CUNT RAC1ORs responsibility 692 Patent fees and Royalties 611 Copies of Documents 2' Permits 613 Correction Period 13 1_ Progress Schedule 6 o Correction Removal or \cceptance Record Dlacuments 619 of Defective Work related Work performed prior to in general 104 I 13 10 13 14 ENGINEERS approval of required Acecptance ofDefechve Work 13 13 Submittals 618 Correction or Removal of safe atructural loading 6 IS Defective Work 630 13 11 Safety and Protection o 20 72 13- Correction Period 13 1' Safety Representative 621 OWNPRMay( orrect Defechne Work 1314 Scheduling the Work 692 OW'NFR May Stop Work 13 10 Shop Drawings and Samples 614 ( ost Shop Drawings and Samples Revieu of Tests and Inspections 114 by ENGINEER o26 Records ll7 Site Cleanliness E 17 Cost of the W ark Submittal Procedures b 20 Bonds and insurance additional 114 59 Subslitutc Construction Methods Cash Discounts )1 42 and Procedures 6 7 2 (ON FRA( fOR s Pee 11 6 Substitutes and Or Equal Items 6 7 1 Employee Expenses 11 4 5 1 Supermlendence 62 E%luswns to 11 5 Supervision 61 Gencrslll 4 11 Survival of Obligations 634 Home ollice and ovuh ad eVenws 115 Taxes G Ii Losses snd damages 114 6 rsts and Inspections 135 Materials and equipment 11 4 To Report 25 Minor expenses l 1 4 5 d Use of Premises 6 16-6 18 6 30 2 4 Payroll costs on chanties 11 4 1 Review Prior to Shop Drawing or performed by Subcontractors 11 43 Sample Submittal 625 Reuirds 117 Right to adjustment fix changts in the Work 102 Rentals of construction equipment right to claim 4 71 94 95 911 If) 2It 2 and machinery 11453 11 ) 12 1 13 9 14 8 11 1 L5 5 173 Royalty payments, perm its and Salety and Protection 620622 7' 13' license fees 11 4 5 Salety Representative 621 Site office yid temponry facilities 11 4 5 2 Shop Drawings and Samplcs Submittals 614-628 Special Consultants CONTRACTOR a I1 4 4 Special Consultants 1144 Suppl in nttl 11 4 5 Substitute C onstruction Methods and Procedur s 6 7 1 axes related to the Work 114 S 4 Substitutes and Or Equal Items Tests and Inspection 134 Expense 6 7 1 6 7 2 f rade Discounts 1142 Subcontractom Suppliers and Others 68 611 Utilities fuel and sanitary Iscihttea 11 4 5 7 Supervision snd Superintend nc GI (2 621 Work after regular hours 11 4 1 Taxes, Payment by 615 Covering Work 136 117 Ilse of Prc macs 6 16 6 Is ( umulatrve Remedies 174 17 Warranties and 6varantces 65 630 Culling fittmb and patching 72 Warrant) of title 14 3 Data to he furnished by OWNPR % 3 Written Notu,c Required Day —definition of 17 ^' CONTRACTOR stop Work or t rmman. h 1 Decisions on Disputes 911 9 12 Reports of Differing Subsurface defechse definition of 1 14 snd Physical Conditions 4-1 defective Work Substantial Completion 148 Acceptan eof IU41 1313 Ex. bTNRALCONDITIONS I sm a I Mi LU11t(JN) w/ CtTY OF FORT COI I M%AtODM(A nOhs mrS 9 ") ( orrectlon or Removal of ( =ectlon Period in general 1041 13 11 O WNER % Representative 1, 12 Payments to the CON7 RA( fOR 13 147 14 II Responsibility for Recommendation of Payment Article or Paragrdph Number Observation by FNWNbER 9_ OWNER May Stop Work 13 10 Prompt Notice of Defects 13 1 Rejecting 9 o Uncovering the Work 13 8 Defimuons I Delays 4 1 6-9 123 124 Delivery of Bonds 2 1 Deliver) of certificates of insurance 17 Determinations for Unit Pricer ) 10 Differing Subsurface or Fhvsical Conditions Nome of 42 3 FNGINFFR3 Review 424 Possible ( onVACt Documents ( hange 4 2 5 Possible Price and Times Adjustments 4 2 6 Dnurepaneics-Reportini, and Resolving 2 S 331 6 142 Disput, Resolution Agrecmwt 161 166 Arhm ation 161 165 6encra116 Mediation 16 6 Dispute Resolution %greement 161 166 Disputcc Decisions by FNU NIF FR q I 91' Documents Copies of 21 Record 6 1) Reuse of 3 7 Drawings -definition of I IS Fasemcnts 41 Etfectly date of Ngrc mant definition of 1 16 Fmcrgencies 62-3 EN(,INEER is Initial interpreter on duiputes 9 1 l) 12 definition of 1 17 1 Imitations on authontn and responsiblhtics 9 13 Replacement of 82 Resident Project Representative 93 ENUINIEERs(.onsultant defrmtloncf I Is ENGWEERs suthonty and responsibility lanitauons on 9 13 Authorized Variations in the Work 9 5 Change Orders, responsibility for 97 10 11 1' ( lanfications and Interpretations 3 h 3 94 Decisions on Disputes 911 91, defecnse Work notice of 131 Evaluation of Suwltute Items 6 7 3 Liability 632 9I_ Notice Work is Acceptable J4 13 Ohscrvations 6 3(12 92 91 9) 14 144 1413 Article or Paragraph Number Respunsibnhties Limitations on 911 913 Review of Reports on Differing Subsurface and Physical Conditions 414 Shop Drawings and Samples review responsibility 6 .b Status During Coistruction authorized variations in the Work 9 5 Clarifications and Interpretations 94 Decisions on Disputer 9 11 9 12 Determinations on Lint Price 910 FVUINFER as Initial Interpreter 9II 912 FNC,INEFRs Responsibilities 91 912 1 imitations on F NCANFF R s Authority and Responsibilities ) 13 OWNERS Representative ) I Project Representative 93 Rej wing Defective Work 96 Shop Drawings Change Orders and Payments 9 7 9 9 Vslb to Site 9' Lnit Price determinations 9 10 b Isits to Site 9 Written consent required 7291 Equipment Labor Mat riots and 4 3 6' I quipment rental ( ast of the Work 11 4 5 3 Equivalent Maicrtals and Equipment 67 error or om nssiuns 633 Evidence of Financial Arrangements li 1 I Fxplorauons of physical condittony 4' 1 F e CONTRACTORS Costs Plus 11 0 Field Order definition of 1 19 Issued by ENGINEER 3 6 1 95 Final Application for Payment 14 1' Final Inspecttoq 1411 Final Pavm..nt and Acceptance 14 13 14 14 Prior to for cash allovanecs 118 Uencral Provisions 173 174 General Requirements dcftmtion of ) '0 principal references t9 _ o 64 o 6 0 7 o 24 ( wing Notice 171 Uuarantee of Work -by CONTRACTOR o 30 14 12 Hn7ard ( ommuntcanon Programs 612 Hazardous Waste dcCinition of J 'I general 45 OWNER s responsibility for IS 10 LJ IX CTNF A], CONDI I IONS 1910 a (1990 LDIMOM w! 117Y 06 FORT COI l INS MODIM ATIONS (RI'V 91") Indemnification 6 1a 6 16 6 31 6 33 Insurance 5 3 Initially Acceptable Schedules 2 9 Precedence 1 1 3� 3 Inspection Reference to 3 3 1 Certificates of 9 13 4 13 5 14 12 Safety and Protection 620 131 Final 1411 >ubcontractors Suppliers and Others 63611 Article or Paragraph Article or Paragraph Number Number Special required by ENGINEER 96 Tests and Inspections 13 5 Tests and Approv al 87 133 134 Use of premises 616 Insurance Visits to Site 9 2 Acceptance of by OWNER 514 Liability insurance Additional required by changes (ONI RAC OR 54 in the Work 11459 OWNERs 55 Before starting the Work 2 7 Licensed Sureties and Insurers 3 Bonds and in bencral 5 Liens Cancellation Provisions + 8 Npplrcation for Progress Payment 14 2 ( crtifieates of 2 7 ) 3 ) 4 11 ) 4 13 ( ON I PA(-[ OR s Warranty of I itle 14 3 ? o 8 1 14 9 13 4 14 12 Final \pplication for Pa)" nt 14 12 cam pleted operations 4 13 definition of 1 23 CONTRACTORS Liability 5 4 Waiver of Uatms 14 1+ CONTRACTORS objection to overa6e 5 14 Limitations on EN(,INEERa aulhont) and Contractual Liability S 4 10 responsibilities 9 13 d,ductibl, amounts (ON rRA( I OR I united Reliance by ( ONTRACI OR responsibility 9 Aulhori7ed 4 2 2 Hinel Application far Payment 14 1+ Maintenance and Operating Manuals Licensed Insurers p 3 Final Application for Payment 1411 Notice requirements material chanbcs 5 8 10) Manuals (of others) Option to Reliance + 14 Precedence ) 3 3 1 othcr special insuran,cs + 10 Ref rent, to in C ontract Ikxumcnts j 3 1 OWNER as ttducmn for msur ds + 12 + 13 Materials and equipment OWNER s I tabtlity i + furnished by GON rRA( I OR 6 3 OWNER s Resyonsibduv 8 5 not incorporated in Work 14 2 Partial Utilization Property Insurance 5 15 Materials or equipment equivalent 6 7 Property ) 6 ) 10 Mediation (Optional) I( 7 Rcaapt and Application of Insurance Mdeston,s definition of 1 24 Proce,ds 5 12 5 11 Misedlaniwus Special Insurance ) 10 ( amputation of fares 172 Waiver of Rights Sit Cum ulative Remedies 174 Intent oft. ontrrrct locum ruts 3134 Giving Notice 171 Interpretations and Cl intieations 3 63 9 4 Notice of Claim 17 3 Inv,sttgations of phy9ucal conditions 4 _ Prof ssuonal F s and Court Costs Included 17 5 Labor Mat,nals and Equipment o 3 6 5 Multi prim contracts 7 1 ands Not,he" or Indicated 4 3 and Easements J 4 Notice of Availability of 4 1 8 4 Acceptability of Protect 14 13 Reports and Tests 8 4 \ward, definition of 1 2) Laws and Regulations- Laws or Regulations Clvm J 7 3 Bonds 51 +2 Defeats 131 ( linage, in the Work to 4 Differing,uhsurface or I hv,Jczl ( onditions 4 _ 3 Contract Doctanents 3 1 (,tying 17 1 ( ONfRA( TORS Respeacibilines 614 Correction Period defective Work 13 11 Tads and inspections 11 3 Cost of th, Work taxes 11 41 4 S anatior\ Shop Drawing and Samplt ¢ 7 definition of 122 Notice to Proceed g,n ra16 14 definition of 1 _6 Indemmficattwi o 31 b 33 giving of -3 x I JCDL 6P NLRAJ t OND1noxs 1910 a pvso I1)t110N) .1 CITY OF FORT COI 1JN%4rODMC A70A9 WV 91991 1 2 3 0 Construction Document Ordering Instructions (Download a complete P1anWell 4 0 Ordering Guide from www planwell com) GO TO www mercury-ldo com SELECT Denver Links Plan Well "U N mN Pn.. d I -A f.9w oll w J Not m mGxY R .19, P PW P"P W RgKb0 brE oo,l I No Lo, P., trek � a,man en xc JnNI 1 7 �I 1C I it t t I —9 4P SELECT the desired Pro]ect Number from the list Rev 10/20/07 Section 00020 Page 3 Notification to Surety 105 Observations, by ENGINEFR 630 9' Owupancy of the Work 5 15 6 30 2 4 14 10 Omissions or acts by CONTRACTOR 69 913 Open Peril policy form Insurance 5 6 2 Option to Replace 5 14 Article or Paragraph Numlxr Or Equal Items 67 Other work 7 Overtime Work prohibition of 63 OWNER Acceptance ofdefecnve Work 1313 appoint an ENGINEER 82 as fiduclary 13 Availability of Lands responsibility 4 1 definition of 127 data furnish 8 1 May Cornet Defective Work 1314 May refuse to make payment 147 May Stop the Work 13 10 May Suspend Work Terminate 88 13 to IN I I54 Payment make prompt 83 144 14 13 performance of other work 71 permits and licenses requirements 613 purchased insurance requirements 36 5 10 OWNER s- Acceptanee of the Work Change Orders obligation to execute Communications ( oordination of the Work Disputes, request for devision Inspections tests and approv ais Liability Insumnce Norm, of Defects R,pres,mmtjve During Construction MN( INFI^ R s %macs Responsibilities ksbestos PCBs. Petroleum Hazardous Waste or Radtaictive Material Chang, Orders Chang,s in th Work commumcatlons CONTRACTOR s responsibilities evidence of fmanwal arrangements inspections tesis and approvals insurano, lands and easements prompt payment by replacement of ENGINEER reports and tests stop or suspend Work 88 terminate CONTRACTORS 6302 80 104 81 74 911 87 134 51 131 13 10 91 8 10 86 101 81 89 8II 87 85 84 83 8 84 Is 1 services 88 I5 2 separate r presentativ at sit, 93 tearing independent use or occupancv of the Wok written consent or approval required 134 515 63024 14 to 91 63 114 Lr7Dt(3EMRV form ❑ONS 191 a 8(1990 LUX IlON) w/ CITY OF FORT COI I INS MODIFICATIONS UV 91") Article or Paragraph Number written notice required 71 94 911 112 119 147 1s4 PCBs definition of 1 29 general 4 � OWNLRs responsibility fur 810 Partial Utilization definition of 1 28 general 6 30 2 4 14 10 Property Insurance 5 15 Patent Fees and Royalties 612 Pavment Bands 9 1 5 2 Payment% Recommendation of 144147 1413 Payments to CONTRACTOR and Compleliun— %ppheation for ProgressPayments 14.1 ( ONTRAM OR Warranty of 3 itle 14 3 Final Appluanon for Payment 14 12 Final Inspection 14 11 anal Payment and Acceptenw 14 13 1414 general $ 3 14 Partial Utilization 14 10 Retamage 142 Review of \pphcationg for Progress Payments 144 147 prompt payment 83 Schedule of ,aloes 141 Substantial Completion l4 8 149 W ary rot ( [aims 14 1 when payments due 144 1413 withholding payment 147 Performance Bonds 5 1 1 Permits 6 13 Petroleum definition of 130 general 4 S OWMTR s responsibil try for 8 10 Physical Conditions Dmwm6s of in or relating to 42 1 _ FNCr1NFFRs rcvtew 4-4 xistaig structures 4 s 2 general 4 _ I Nome of Differing bubsurface or 4-3 Possible Contract Documents Change 4 2 5 Possble Price and Times Adjustments 426 Reports and Drawings 4- 1 Subsurface and 4 2 Subsurface Conditions 42 11 Technical Data Limited Reliance by ( ON I RA(-1 OR Authorved 4 2 _ Underbround racilities gen ral 43 Net Shown or Indicated 43 1 rotection of 4 3 6 _0 Article or Paragraph Numhcr Shown or Indicated 43 1 Technical Data 4 2 2 Preconstruction (onterena. 28 Preliminary Matters Preliminary Schedules _6 Premises Use of o to 6 18 Price Change of Contract 11 Price Contract definition of 1 11 Progress Payment Applications for 142 f}egress 1 aymenl retainage 141 Progress schedule CON f RAC f CJR s 26 28 29 66 629 104 1521 Project definition of 131 Prryect Representative ENGIN=Rs Status DurmgConstruetion 93 Project Representativ Resident definition of 1 33 pranpL paym at by OWNFR S 3 Propery Insurance Additional 17 generals 6 5 l0 Partial Utilization is 14102 r copt and application of proceeds s 12 � 13 Protection Safely and f> 20 o 21 132 Punch list 14 11 Raduraaii c Material defntion of 1 32 6eneral4 5 OWNFR s responsibility for 810 Recommendation of Payment 144 14, 1413 Record Documents 619 14 12 Records procedures for maintaining - 8 Reference Points 44 Reference to Standards and Specifications of Technical Societies 3 3 Regulations Laws and (or) 1,14 Rejecting Defective Work 96 Related Wort, at Site 7 1 7 3 Performed prior to Shop Drawings and Samples submittals review 6' 8 Rem di s turn ulativ 174 17 S Removal or Correction ofDefacnve Wort. 13 If rental a6rcements OWNER approval required 11 4 0 3 replacement offiN6fNEER, by OWNER b'_ Reportm6 and Resolving Diser panties s s 3 3 2 6 141 Reports and Drawings 4 2 1 and Tests, OWNERs responsibility 84 Resident and Project Representative definition of 1 33 provision for 93 xn kJr'pC t'aNt.R.AL <ONDIItON%19Ia 80990VDITIONI W CITY OF FORT ( 011 INS FIODIM ATIONS (RFV 9 99) Article or Paragraph Num her Article or Paragraph Number Resident Superintendent CONTRACTOR$ 62 Responsibilities submittal required 624 1 CONTRACTOR s-in general 6 Submittal Procedures 6 5 use to approve suhstitutions 673 Shown or Indicated 4 3 1 EN(rWbbRs to general 9 Site Access 72 132 Limitations on 913 Site Cleanliness 6 17 OWNERs in general 8 Site Visits tc- Retamage 142 by ENGEPCER 92 13 D Reuu of Dncum ents 37 by others 132 Review by( ON-1 RA( 1 OR Shop Drawings special causes of loss policy form and Samples Prior to Submittal 625 insurance 5 6 2 Review of Applications for definition of 1 36 Progress Pavments 144 14 7 Spe,aficationa Right to an adjustment 102 defmation of 136 Rights of Way 4 1 of I ethnical Societies reterence to 3 31 Royalties Patent F es and 611 precedence 3 3 3 Safe Structural I calling 6 18 Standards and Specifications Safety of Technical Societies 3 3 and Protection 4 3^ 616 6 18 Starting Construction Before 25 8 6 20 C 21 7 2 13 - Starting the Work 2 4 general 6 °0 6 23 Stop or Suspend Work Rcpresenmtiv c CONTRACTOR s V _1 by CONTR \CTOR U S Samples by OWNER N8 1310 151 definition of 134 Storage of materials and equipment 4 1 72 general 624 6 _8 ltructurel Leadnig Safety o I8 Review by CONTRACTOR 6 2> Subcontractor Review by FNG[NPLR 6 _6 6 _7 ( oncerning, 6 S 6 11 related Work ¢ 28 (1 tmntion of ) 37 suhmittal of 6 _4 1 delays 12 3 submittal procedures 625 waiver of rights 611 Schedule of progress 116 28 '_ 1 66 Subcontractors in general o 8 6 11 629 104 15 2 1 Subcontracts required provisions S 11 6 11 114 3 9chedul of Shop Drawmg and Sample Subm Ittals Submittals a o 2 8 2 9 6 a4-6 28 Applications for Payment 14 2 Schedule of Values -6 28 19 141 Maintenance and Operation Manuals 14 12 Schedules Procedures 6 25 Adherence to 15 _ 1 Progress Schedules 6 29 %djustint, 66 Samples 624628 Change of Contract Timoj 104 Sch dul of b,MUN '6 141 Initially Acceptable 28 29 Schedul of Shop Drawings and Sam pl s Preliminary 26 Suhm lssions 26 1829 Scope of Changes 103 104 Shop Drawings o 24 6 18 Subsurface Conditions 4111 Substantial Completion Shop Drawings certification of 630 3 148 149 and Samples, general 624 f 28 d tinitmn of 1 38 Change Orders Sc Applications Mr Substitute Construction Methods or Procedures 6 7 2 Payments and 9799 Substitutes and Or Equal Items 67 definition of 135 CONTRACTOR s Expense o 7 13 F N(1N FFR s approval of 362 F NC INF F R s Evaluation 671 ENGINEER s responsibility Or Equal 67 11 for revlew 97 C 24 6 28 Substitute Construction Methods related Work t 28 rwlew procedures 28 6 24 628 IRIR(lV Ra CONUItiONs1910 a(1990 LDITIOM W ri TF O PORT COLT INS MODIFICATIONS IAFV 9 9% Temporary construction facilities 41 Article or Paragraph Article a Paragraph Number Number or Procedures Substitute Items Sutsurface and Physical ( onddions Drag rags of in or relating to ENGINEERS Review beneral Limited Reliance by CONTRACTOR Authorized Notic of Differing Subsurface or Physical Conditions Phvsical Conditions Possible Contract Documents Change Possible Price andTimes Adjustments Reports and Drawings Subsurfn:4 and Subsurface C ondntons at the l to 1 ethnical Data Supervision— (- ONTRACTOR s responsibility OW NER shall not supervise FNGINFFR shall not supervise, Superintendence Superintendent CONTRACTOR s resident Supplemental costs Supplementary Conditions definition of 6 7 ° Termination 6 7 1 1 by C ONI RAC'I OR by OWNER 8 8 15 1 4212 424 42 42_ 423 4212 4_5 426 421 42 4211 4-' GI RD 92 9131 6° 62 1145 pnncipsl re,fe.renus to 1 10 1 18 42 43 51 33 54 511 68 613 74 811 Supplementing Contract Documents Supplier definition of principal r fercnoes to 37 6, 68611 634 913 Waiver of Rights Surety consent to final payment FNCENFFR lice no duty t 1 Notification of qualification of Survival of Obligations Suspend Work, OWNER May Suspension of W ork and Termination — CONTRACTOR May Stop Work or Terminate OWNI R May Suspend Work OWNER May Terminate faxes- Payment by CONFRA( FOR Technical Data Ltm ited Reliance by CONTRACTOR Possible Price and Times Adjustments Reports of Diff ring Subsurface and Ph5smal Conditions sv 139 _22_7 5659 )3 910 36 140 6 0 14 12 611 1413 1414 913 10I IOS 152 1,3 634 1310 151 L3 15S is] 1521N4 61S 4_2 426 4_3 of ENWNhIiR s employment Suspension of Work in beneral Terms and Adjectives Tests and Inspections Access to the Work by others C ON3 RA( FOR s responslba sties wst of 13 4 covering Work prior to Laws and Regulations (or) Notice of Defects OWNER Nbv Stop Work OWNER s mdepcudcnl testing special required by ENGINFER timely nonce requued L nwvenng the Work, at EN(,LNEER s request Times Adjusting ( hinge of ( ontract Computation of Contract Times- definition of day Milcston s Requlr,rin,ms appeals clarifications 1S5 134 82 L3 34 131 133 136137 135 131 1310 134 96 134 138139 96 13 171 1 12 17 2 J2 9 10 16 claims and disputes ) IF If, 12 Commencement of Contract Times 23 Prcconstrucuon ConfcrLnc, 28 sch dules 26 2 9( 6 Starting the Work -4 Title Warranty of 143 Uncovering Work 138 139 1 nder6round Facilities Physical Conditions dehmtion of 1 41 Not Shown a Indicated 4 3 protection of 4 3 6 d) Shown or Indicated 43 1 Lint Price Work Llaim s 11 9 3 defuidion of 141 general] 19 14 1 14 3 F nit Prices genera111 3 1 Determination for 910 Use of Premises 6 16 6 18 6 30 2 4 LrtlhtS owners f 13 620 71 73 132 Ltdizltion Partwl 128 313 03024 1410 �aluc of the Work 11 3 Values Schedule of 26 28 29 14 1 LADC OLNLaA CONDITIONS 1910 R(1990CIA11ON) w CITY OF FORT CAI LN9 MODUPICATIONS (Rry 9199) Variations in Work Minor Authorlved o25 627 9� Article or Paragraph Number Visits to Site by ENGINEER 9 2 Waiver of ( laims -on I mal Payment 1415 Waiver of Rights by Insured parti s ) 116 11 Warranty and Guarantee General by CONTRACTOR 630 Warranty of Title CONTRACTORS 143 Work Access to 132 by others 7 Changes in the 10 C ontmuing the (2) CONTRACTOR May Stop Work or Terminate J c c ( oordmation of 74 Cost of the 11 4 11 � detimtion of 1 43 neglected by C.ON TRACTOR 13 14 other Work 7 OWNER May Stop Work 13 10 OWNP R May Suspi,nd Work 13 10 151 Rlla4d, Work at Site 7 1 7 3 Starting the 24 Sloppui& by CONTRACTOR 1> > Sloppm6 by OWNER U 1 154 Variation and deviation authorized minor 36 Work Chang, Duran claims pursuant to 102 definition of 1 44 pnnupal references to 3 5 3 101 10 2 Written Amendment defimuon of 14, principal references to 1 10 3 > a 10 1 , 12 (62 68. 619 11)1 W4 11_ 1_1 13122 1472 Written Clariftwions and Interpretations 3 6 3 94 9 11 W ntten Notice Required — by CONTRACTOR 71 910911 104 11 2 11 1 byOWNNR 910911 104 112 1314 ry LXH OLNE CONDI I10N 1910 8119M1 i DITIOV Iv/CITY OF FORT COI 1 INS MODIFII. ARONS IRFV 9fW1 ( fh15 page Idt blank intentionally) ,,A FJCD[ GCNI:RAI (ONOITIONS 19108(19901 DIFIONI w1(}TY OF FORT ( Of I MS MODIFICATIONS (RFV 9 99) GENERAL CONDMONS ARTICLE I —DEFINITIONS Wherever used in these General Condittons or in the other Contract Documents the following terms hacc the meanings indicated which are applicable to both the singular and plural thereof 1 I Addenda Written or graphic instruments issued prior to the opening of Bids which clarify ccrres t or change the Bidding Requirements or the ( ontract Documents. 12 Agreement —I he written contmet hhvan OWNFR and CON IRAC1OR cosermg the Work to be performed. other Contract Documents are attached to the Agreement and made a part thereof as provided therein 13 Appli aeon for Pmmew—rhe form accepted by FNC INFI�R which is to he used by ( ONI RA(TOR in requesting progress or final pavments and which ism he accompanied by such supporting downs nation as is required by the Contract Documents. 14 I sfiestos Nary material that contains more than one Percent asbestos and is triable or is rck.asm8 asbestos fibers into the air above current action levels established by the l imted States Occupational Safety and Health Admrmarnuon 15 Bid —The offer or proposal of the bidder submitted on the prescribed tam setting forth the prices for the Work to he ptafixmed 16 Bidding Docwnrnts—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 Tht. adv Micro nt or invitation to Bid instructions to bidder% and the Bid form 18 Bands—Performara,e and Payment bards and other instruments of security 19 Change Order—,\ document recommended by ENGINEER, which is snbnxl by CONTRACTOR and O WNbR and authorizes an addition deletion or revision in the Work or an adjustment in the ( minter Price or the Contract Times, issued on or after the Effective Date of the %freemen I l0 Connuci Documents—hhe Ayneemcnt Addenda (which pertain to the Contract Doaunents) (.ONI RAM ORs Bid (including documentation a umpanymg the Bid and any post Did documentation submitted poor to the Notice of kwmd) when attached as an exhibit to the Agreement the Notice to Proceed, the Burals, these General Condttorts. the Supplementary ( onditans the Speeihcancris and the Drawings as the hicix QLNEIL L CONDITIONS 19104 title tat tit) w)CIIY OF FOR r CVLLI NS MODIFIC A ❑ONS (ItbY 10 000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, W ork Change Directives, Field Orders and ENGINEERS written interpretations and clarifications issued pursuant to paragraphs 5 361 and 3 63 on or after the ElTettive Date of the Agreement Shop Dmwmg submittals approved pursuant to paragraphs 6 26 and o 27 and the reports and dmwmgs referred to in paragraphs 4 2 1 and 4 2 2 are not Contract Documents 1 11 Contract Pnce—The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the C.ommo Documents as stated in the Agreement (subject to the provisions of Paragraph 119 1 in the case of Umt Price Work) 112 Contract fimea—Ihe numbers of days or the dates stated in the Agreement (i) W achieve Suhatanttal Completion and (it) to complete the Work so that it is ready for final payment as evidenced by EMANFbits written rccwnmendahon of foal payment in at,cordantt with paragraph 14 13 1 13 COMRACTOR I he person, firm or carpmrahon with whom OWNFR has entered into the Agreement 1 14 defeenve—An adjective which when modifying the word Work refers to Work that is unsatisfactory faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection reference mandate, test or approval referred to in the ( ontract Documents, or has been damaged poor to ENGINEERS neommcndmam of final puvment (unless responshbhhty for the protection thereof has been assumed by OWNFR at Substantial CompLumi in accordano, with paragraph 14 8 or 1410) 15 Drawings The drawings which show the scope extent and chamcter of the Work to be furnished and pertormed by CONTRACTOR and which have been Prepared or approved by ENGINEER and are referred to in the Contract Dmumena Shop drawings are net Drawings as so defined 116 Effective Date of the tgreement—The date indicated at the Ngreemenl on which it becomes effective but if no such date ta mdreated it means the date on which the Ngreement is signed and delivered by the last of the two parties to sign and deliver 117 LNGIArER—The person firm or uTON111011 named as such in the Agreement 1 18 ENGLVEERs Cwuvltam A person firm or corporation having a cmtract with EN(,MEt to furnish services as ENGLN'EERs independent pro(esaunal assox iatc or consultant with respect to the Project and oho its identified as such in the Suppl menta[y, Coridruahs 119 field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9 x but which does not involve a change in the Contract Price or the Contract Times 120 General Requrremems—Seasons of Divmion 1 of the Specifications 1 21 Ha anus Wrote —The term llazerdous Waste shall have the meaning provided in Sauim 1004 of the Solid Waste Disposal Act (42 US( Seaton 6903) as amended an time to time 122 a Lam and Regulations Lam or Regulations Any and all applicable laws, rules. regulations, ardinames, codes and orders of any and all governmental bodies, a(,enaes, authorities and courts havinglunsdulmn 1 22b Leeal flohdavr-shall be those holidays observed by the ( im of Fm ( olhns. 123 Liem—Licrs, charbcs, security interests or enciunhrances upon real propary or pasemal property 124 Milestone A principal event specified in the Coramt Ddwuments relating to an utatnediate c.omplawn date or time prior to Substantial ( emtplenon of all the Work 12, Nonce of 4ward—A written nonce by OWN1 R to the apper of uomsmid bidder stating that upon compliance by the apparent successful bidder with the conditions It i,edat enumcritel thennn, within the tam, sptLlficd, OW'NLR will sign and deliver the Agreement 126 Nonce to Proceed—% written notice given by OWNER to( ON IRA( TOR (with a copy to bN(,INFPR) fixing the date on which the Contract Times will comm nice to rim and on which CONTRA( TOR dull start to perform CONTRACTORS obligations under the Contract Documents 127 OR'NER—The public body or authority conpornton, association, firm or person with wham CONTRACTOR has niter d two rho, Agncment and for whom the Work Is to be provided I2b farnal Utdizahon—Use by OWNER of t whstantwlly coinpletd.d part of the Work for ilia, purpose, for which it is intended (or a related purpose) prior to Substantial ( onpletion of all the Work 1'9 PCBs—Pulychlormated bipheriyls 130 Petroleum Petroleum mcludig rude of or any Gaclnat thereof which is liquid at standard condittons of temperature and pressure (6U degrees Finamnhat and 147 pounds per square inch absolute) such as oil petroleum fuel oil oil sludge oil refuse gasoline kerosene mid oil mixed with other non I[azardous Wastes and crude oils. 131 Project—Thp, total consuuachcs of which tux. Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1321 Radtoacnw llatenal—Sauree special nuclear or bvproduct matmal as defined by the Atomic bnergy Act of hXDC GENERAL C ONDITION519104(1990tbaut) wI0T OF I ORr COLLIVSMWII ICAt10NMREV 400m01 1954 (42 CSC Section 2011 et seq) as amended from rime to nine 132 b Reeular i4oriane Hours —Regular working, hour are defined as 7 00am to 6 00 an unless otherwise specified in the Geneml Requirements 133 Resident f rofect Representarrve—The authoriad representative of ENGf KEER who may be assigned to the site or airy part thereof 134 Samples—Physa.al examples of materials equipment or workmanship that are representative of some portiort of the Work awl wfuth establish the standards by which such portion of the Work will he )udgod 135 Shop Draaangs—All drawings, diagrams dlratrasuns, schedules and other data a information which are specifically prepared or assembled by or fa CONTRACTOR and submittal by CONTRACTOR to illustrate some potion of the Work 1 36 Spee)Jfcahonr--1 hose portiere; of the Contract Document, consisting of written technical descriptions of matcnals, eguipm nt, construction syscmq standards and workmanship as applied to the Work and certain administrative ddtaiLs appliwhle tha-to 1 17 Subcontractor An individual him or corporation having a direct contract with ( ONTRA( I OR or with any other Subcontractor for the performance of a part of the Work at the sic 119 4ubsmnnal Completion —The Wort, to i specified Fort thereof) has progressed to the pout where in the opinion of EMY NRhR m vdatced by LNGINLLRs definitive d.ertifi,,ate of Substantial ( omplason, it w sufficiently complete in accordance with the Contrast Documents so that th Work (or speoohcd part) can be utilized for the purposes for which it its attended a if no such certificate is issued, when the Work is complete and rely for final payment as evidenced by FISCHNFFRs written recommendation of brad payment in accordance with paragraph 14 13 The terms substantially complete and sutst.mnnlly completed as applied to all or part of the Work refer to Substantial Completion thereof 139 Suppiememar) Carditiau—The part of the Contract Documents which amends or supplements these General Comlisum 140 Suppher—A manufacturer fabrnala suppha distributor matanahnan or vendo having a direct contract with CONTRACTOR a with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor 141 Underground Facrhtres—ell pipehws, conduits ,facts. cables, wires. manholes, vaults, tanks, tunnels or other such facilities or attadsments, and any crmamments comaaung such IbWities whmh have been installed underground to furnish am of the following services or materials electricity gases, steam hclmd petroleum products, telephone or other communications. cable mfevsmrt sewage and dtamage remosak ttafic or other control systems" water 1 42 Unit Price Work -Work to be paid for on the basis of unit prices 143 If ork-The emue uvnpleted construction or the various separately identifiable pans thereof required to be furnished under the Contras Documents Work includes and is the result of performing or furnishing labor and f irruslurng and meorporating materials and equipment into the construction, and performing or fanush ing services and famishing documents, all as required by the Contract Documents 144 Work ( hangs fAmcave-A written directive to CON IRACf OR issued on or after the Effective Date of the Aggrrecmem and signed by OWNER and recommended by iMOTEER orderuq, an addition, deletion a res lion in the Work or responding to differing or unforeseen physical conditions under which the Work is to b, performed as provided in pamgmph42 or 43 or to emergencies under paragraph 623 A Work Change Directive will not ch ngc the Contract PmL or the Contras t ones, but is evidence that the games expect that the change directed or documented by a Work Clangs. Directive wdl be w,orporated m a subsequently issued ( hang, Order following negomatio s by the parties as to is effect, if env on the ( antract Price or ( ontmct Tames as provided in paragraph 10 2 145 if nwn 4menahrmnt A written amendment of the Contract Document;, sigmd by OWNER and CONTRACTOR on or after the Eftectwe Dam of the Agreement and normally d,aling with the nonengi ,ering or ramechmcal rather than strictly construcuontelated aspects of the Contract Docaiments FRiY fig tisT�7:i siE Ryt GF.T(11T� Iti tl x Delivery ofBondr , I When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to famish in accordarice with paragraph 5 1 ( "Plea ofDoevmerrrs ' 2 CIWNCR shall finish to CONTRACTOR up to ten copies (unless otherwise speufied in the Supplementary Conditions) of the Contract Dauments as are reasonably necessary for the execution of the Work Additional cages will be furnished upon request at the war of reproduction Commencement of Conover Times AM" to Proceed 23 The Contract Tames will commeru.e to rim on the thirtieth day after the Fffearve Date of the Agreement, or EJCDC(LNERAL C' WJMONs 191e4(iM tat a) wOT OF FOR r COLLim MODIFICATIONS(REW 4 C000) if a Notice to Proceed is given, on the der indicated inthe Notice to Proceed A Notice inProceed may be given at any tune within thirty days afta the Eflea.tnve Date of the Agreement. of Bid openmgor dso-thiRiedidayefler theli feetw6Date of the -Agreement whichever Aatcuoearlee 5aartrrtq the Work 24 CONTRACTOR shall start to perform the Work on the date when the Contract Tunes commerce to nun, but no Work shall be done at the sue poor to the date on which the Contract Times commence to run Before SYarhng Conifterion 25 Befare undertaking each pan of the Work CONTRACTOR shall carefully study and compare the ( omract Documents and check and verify pertment figes shown 1}RKeon and all applicable field measurements ( ONTRAC rOR shall promptly report in writing to M INFFR any eonfltat, error ambiguity or discrepancy which CONTRACTOR may di raver and shall obtain a written interpretation or clarification fnxn FNGTNFER before proceeding with any Work affcct,d thereby however ( ONfRA( rOR shall not he liable to OWTN'FR or FNGTNFFR for fadure to r,pon any conflict, error ambiguity or discrepancy m the Contmet Dmumens, unless (ON IRA( rOR knew or reasonably should have known thereot 6 W iilun t,n days after th Effectiv, Dat of the Agreement (unless otherwise specified in the ( eneral R quaenents) C(INTRA(-rOR shall submit to ENGEVEIR for review - 6 1 a preliminary progress schedule indicating the tunes (numbers of days or dams) for starting and completing the various stages of the Work. including any Milestones specified in the Comma Documents 262 a prehmuary schedule of Shop Drawmg and Sampk submittals which will hit rich rxpuacd submittal and the times for submitting reviewing and processnnb such submittal 2621 In no rase will a schedule be acceptable which allows less than I ,alendar days for each review by Crptnea 263 A prelummary s,halule of values for all of the Weik which will include quantities and pros of items aggreymmg the Contract Price and will subdivide the Work into component parts in suffRtent detail to serve as the bass for progress payments during e. ction Such pries will include an appropriate amount of overhead and profit appincabh to each item of Work. 2 7 Befare any Work at the site is started (ON I RAGI OR end-HW#FAF shall eneh deliver to the other OWNER. with copies to FN(INFFR certificates of insurance (and other evidence of usurance m sated OWNERl wluch COVT o end-4 R-raapeaHvaly-ern is required to puralise and matitam in accordance with pamgmphs 5 4 56 end 57 Preeona mdion Conferonce 2 S Within twenty days after the Contract I ones dart to non but before any Nk ork at the site is started, a conference attended by CONTRACTOR ENGINEER and Wets m appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in pamgmph Z 6 procedums for handling Shop Drawings and other submittals processing Applications for PuvmerA and maintaining required records, InamlfyAccepm6le Schedules '9 Unless; otherwise tided in the ( ontrad prat hefrae anv work at the site begin a conference attended by CONTRACTOR, FNCINFFR and others as a datelined by OWNER will be held to review acapabrhty to FN( INFhR as provided Wow tha sihodulcs submitted in ucconlance with paragraph.( and Division I. oencral Requirements ( ON r RACTOR shall have an additional 0.n days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submimcl to and acceptable to EN( INFFR as provided below Th progr ss schedul will be accepmILL to FNGINFFR w providing an orderly progression of the Work to completion within any specified Mdtstones and the. Commix Tunes, but such acceptance will neither impose on ENGINEER rearm b I Iy for the sequencing, schedulmb or progress of the LVork nor interten with or ratios, CONTRACTOR front CONTRACTOR% full responsibility therefor CONTRACTORs schedule of Shop Drawing and Sample submissions will be acceptable to FNGINFFR as providing a workable arrangement for reviewing and processing fix required submittals CONTRACTORS schedule of talues will be aueptable to ENGPEER as to fans and substame ARTICLE 3 CONTRACT DOCUMENTS INTENT AMENDING RECTSE Intent 31 The Contract Documents ompnw the entire agreement between OWNER and CONTRACTOR carmnmg the Work. fhe Contract Documents are complementary what is called for by one rs as binding as if called for by all The Contract Dmumems will be construed in accordance with the law of the place of the Project I, It is the intent of the Contract Documents to EICDC 6ENF CONDITIONS Ulad(1990EAN.1) wi CT rY of rOR r CGLLM NIWIFIC ATIONS (RLV 10 000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract DoumenLs Anv Work materials a equipment that may reasonably be usferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will he fiimished and performed whether or not spe ifically called for When words or phrases which have a well known technical or corefiuchon industry or trade meaning are used to descnbe Work materials or equipment. such words or phrases shall be interpreted in accordance with that meaning Clarifications and interpretations of the Contract Documents shall be issued by FNGINERR as provided in paragraph 9 4 33 Reference to Standards and Specifmcaaaas of Technical Socnehea Reporting and Resebvng Discrgwncres 3 31 Reference to standards, specifications; manuals or codes of any le(laucal society organization or association m to the Laws or Regulations of any govemmenal authority whether such retemme be specific or by unplicatmon shall mean the latest standard spxiheattm manual code or 1 aws or Regulations in IT ct at th, tim of opening of Aids (or on the Effective Date of the Agreement if there were no Aids) cxa.pt a% may 6e otherwis. specifically stated in the Contract Documents 333 It dunng the performance of the Wart. ( ONI RAC 3 OR di cov,rs any conflmS crra ambiguity or ih%r.pma.y within the Contract Documents or between the contract Documents and any prwismn of any such I aw or R-gulation applicable to the performance of the Work or of any welt standard, spmificahrn, manual a iodic or of any aurrucuon of any Supplier referred to in paragraph 6 5 ( ONTRACTOR shall report it to ENGQJLER in writing at Met IV14 CONTRACTOR shall no proceed with the Work affected thereby (except in an emer6ercy as authorized by paragraph 623) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3 5 or 36 provided however that CONTRACTOR shall not be table to OWNER or ENGINEER for failure to report any such coaf h t error ambiguity a discrepancy unless CONTRACTOR knew or reasonably should have known thereof 333 haxcepl as otherwise specifically stated in the Contract Documents or as may be provided by amendment a supplement thereto moat by one of the methods indicated in paragraph 3 5 or 3 6 the provisions of the Contract Documents shall lake precedence in resulting any conflict error unbiguirv, or discrepancy between the provisions of the Comma Documents and 3 3 3 t the provisions of anv surli standard specification mammal code or instruction (whether Or not specificall) incorporated by reference in the ( onnn et Documents) m 5 CLICK Most Current Set to View the list of documents available for the project , Srder items by dv:kmq the cart c n ,Wl I) �QMast Cur t5 t —r�z�as 57 �I'a Re sonl F7 3 (�Revsan2 6 CLICK 7 9 10 11 12 13 14 15 16 17 18 19 Start Orda Path fM [' _YS t4_ 1 r1 �[llS li iV nOM_ta _ _ LV ®L2 mo3 ®44 [�N 5 Sheet No to view A Issue set 7/29/2002 A chtec urel 24%36 LBW Si 1 sue set J/ 9/2002 Nch¢ectural 24h36 LBW V Revision 2110,e004 Nchiteetural 24%36 LBW W Issue Set 7/29/2002 NchtsdAral 24N36 LBW Si Rev stun 1 11/12/2003 Nchltectural 24%36 LBW CLICK to add a specific document to your CLICK Start M Order to place the order for printing REGISTER -or- LOGIN SELECT Process -Media Output Size and Binding options ENTER Job Number and PO information then click Next REVIEW Recipient information ENTER Quantities CLICK the down arrow to populate order SELECT Delivery options and Due time ENTER Your phone number in the special instructions box CLICK Next REVIEW order CLICK SUBMIT Planwell contact 970-691-2201 Bids will be received as set forth in the Bidding Documents Cart 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 3 3 3 2 the provisions of any such Laws or ReLulmmmi applicable to the performance of the Work (unless such an Interpretation of the provisions of the Contract Documents would result in v iolatron of such Law or Regulation) 334 In the event of conflicting of ambiguous over No provision of any such standard, Vm1fiatim manual code or autiuction shall be effmirve to caanbe the dulws and responsibilities of OWNER, CONTRA( [OR nr FN( INFER, or any of their subcontractors, consultants, agents or employees trom those set torth in the Contract Documents, nor shall it he effective to assign to OWNER FNGINFER or any of FNGINEERs Consultants, agents or employees any duty or authonn to supervise or direct the fumshng or perfurmana of the Mork or any duty or nuthonly to undertake responsibility mconsistent with the provisions of paragraph 9 13 or any other provision of the ( onto[ I )oeimenta 34 Wh..mvcr in the Contract Documents the terms as Ordered as directed as required as allowed as approved or terms of Ilk ctTect or import are used, or the adjectives ressomble suitable acceptable proper" or ahstactay or ad)<etivds of hkc effect or Import arc used to describe a requirement, direction, review or judgment of ENGINEER As to the Wrl. it Is mtended that such requiremcm direction. review or judgment will be solely to evaluate in general. the completed Work for cemphance with the requirements of and udormation n the Contract Documents and conformance with the design amncept of the completed Prqux as a functioning whole as shown or tndmeated in the Contract Documents (unless there Is a specific statement Indicating otherwise) The use of any such term or adjective shall not be effective to assign to L (ANUER any dun, Or authority to supervise or direct the founishmg a performance of the Work or any duly or imhonty to undertake responsibility contray to the pruv icons of paragraph 9 13 or any other provision of the Contract Documents, Amenr6ng and Sappremeatmg Contract Documents 35 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work a to muddy the terms and conditions thereof in one or more of the following ways 3 9 I a formal Written Amenknem, 3,2 a Change Order (pursuant to paragraph 10 4) or tic UC OkNLA CONDITIONS 19104 a9w Lat.w w/(TTY OF FORT NLLI NS MODIFI CATIONS(RhV IP M1 353 a Work Change Directive (pursuant to paragraph 10 1) 36 In addition, the requirements of the Contract Documents may be supplemdmted, and mmor variations and deviations in the Work may be authonad, in one or more of the following ways 3 6 1 A Field Order (pursuant to paragraph 9 5) 462 INU[NEERa approval of a Shop Drawing or Sample (pursuant to paragraphs 6 26 and 6 27), or 363 EIGIN1EERs written utterpretstion or clanhatu m (pusuant to pamgmph 9 4) Reese of Dmamenti, 37 CONTRACTOR, and any Subcontractor or Supplier or other person or organization perfarnmg or furnishing any of the Work under a dart or indirmt contract wnth OWNFR (I) shall not have or acquire any htic to or ownership rights many of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or heart; the seal of FN( INFER or FNCrrNFERs Comadtant, and (It) shall net reuse any of such Drawings Specifications, other documents or copies eon cxtenslons of the Prgect or any other prgLd without written consent of OWNER and ENGINEER and specific written verification or adaptation by MANI, hR ARTICLE 4-AVAD,ABILITY OF LANDS SUBSCNFU F AND PRVNICAI CONDITIONS RFFFRFNCF POINTS hudabr6ty of Lands 4 1 OWNER shall fumislt as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of way and easements for access thereto and su.h other lands which are designated fit the useofCONfRACTOR NpaitmisonablewritientequesP stetamont of'rasatrd-le�l lrtle-pitAk�fdasrortpuon of the (ands upon which the Work -Is, to ho- performed -and OWNERS Interest thereat xs necessary- for giving notice of or hhrg a tttechams.s Ilan- against- Stich- lands In be" and RvaAHM9 OWNER shall iderrtdy any encumbrances or restrlctiuns not of general application but specifically related to use oil kinds so furnished with which CONTRACTOR will have to Limply in performing the Work Easements for permanent structures or permanent changes in rwtamg facilities will be obtamed and paid for by OWNER, unless otherwise provided in thL Contract Documents. If (XVIPACfOR and OWNER pre unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times m a result of any delay In OW NFRs furnishing these lands. nghtsof way or easements, CONTRACTOR may make a claim therefor as provided in Articles I I and 11 CONTRACTOR shall provide for ill additional lands and access thereto that may be required for temporary wrtstolUtun feLlIAM or storage of materials and equipment 42 Subsurface and Physical Conditions 42 1 Reports and Draiwngs Reference is made to the Supplementary Conditions for identification of 42 I I Subsurfacx Condnnons Those reports of explorations and tests of subsurface conditions at or Conti to the site that have been utihmd by ENCrAtEER in peparmg the Contract Documents and 42 12 Physi al Conditions Those drawings of physcal conditions in or relating to existing surface or subsurface structures at or damuguous to the site (except Underground Faahuec) that have been utilized by ENGINEER in preparing the Contract Documents 4 2 2 limited Reliance by C OArIR 4(-7DR Juthon ad technical Data CONI RAC TOR new rely upon the general accuracy of the technical data untamed in such reports and drawings, but such reports and drawmgs are not Comma Documents Sui.h technical data is identified in the Supplementary Condtbom Except for such reliance on such techmcal data CON I RA( TOR may not rdy upon or make tiny chum against OWNER ENGINFkR orany of ENGINEFRs(oriadmnt%wnthrespectto 4221 the completeness of such reports and drawmgs for CONTRACTORs purpnsc%, including but not limited to any aspects of the means methods techmqu&A sequences and praedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto or 4222 oiler data, interpretations, opinions and information contained in such reports or shown or indicated in su,h drawngss or 4_23 any CONTRACTOR mlerpretation of or conclusion drawn here any technical data or onyy sui.h chin interpretations, opinions or donnation. 423 Nonce of Lh enng Subsurface or Ph)ncal Conditions it CONTRACIOR betides that anv subsurface or physical condition at or i nty,uous to the site that is utu overed or revealed either 4 2 3 1 is of such a nature as to establish that any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 4 2 1 and 4 12 is materially maucurate or 4232 is of such a mum as to require a change in the C ontract Documents, or 4 T 3 3 differ% materially from that shown or MCDC OEF4R CONDITIONS 19tva(1990 Ede I W CITY OF FORT COLLINS MOnntcA norts R6v 4ow) mdteated in the Contract Documents, or 4234 is of an urauatal nature and differs materially from uondiuons ordinarily encountered aril yencrally recognixd as inherent in work of the character provided for in the C water Documents, then CONTRACTOR shall, praapkly unmediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in conntttion therewith (except in an emergency as permitted by paragmph623) runty OWNER and ENGINEER in wnwg about such coalition mvrRACfOR slmll non bother disturb such conditions. or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so 424 Elv&INEERs Rewea ENGINEER will Promptly review the pertinent aindihons determine the necessity of OWNERS obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to (ONIRACTOR) of ENGANIFFR% findings and conclusions 425 Possible ( amract Documents Change If HNUINhER concludes that a change in the Contract Ikxwne nts is required as a result of a condition that meet% one or more of the eategonet in paragraph 4 2 3 a Weal. ( hange Directive or a ( hange (Mier will be issued as provided in Article 10 to reflect and document the eonseclucnces of such change 426 Potable Price and lamer Af*uabmantt kn equitable adjustment in the Citract Pna. or in the Contract Tunes. or both. will be allowed to the extent that the existeme of such unowend or revealed andmon causes mt mereme or decrease in CONTRACTORs tort of or time required for performance of, the Work subject howwcr to the following 4261 such condition must meet anv one or more of the categones described in paragraphs 4 2 3 1 through 4 2 3 4 mclu%rve 4262 a change in the Contrail Documents pursuant to Paragraph 4 2 5 will not be an automatic authonmtion of nor a Condition Precedent to entitlement to any such adjustment 4263 with respect to Work that is pad for on a Ural Prove Fasts, any adjustment in Contract Price will be subject to the provisions of pamgmphs9 10 and 119 and 4264 CONTRACTOR shall not be entitled to arty adjustment in the ContraU Price or Times if 42641 CONTRACTOR knew of the extstence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of ( ontract Price and Contract times by the submission of a bid or becomut, bound under a negotiated contract, nr 42642 the existence of such conthlion could reasonably have been dicwaed or revealed as a result of any C,amuation, Investigation, citplorauar4 test or study of the site and contiguous areas required by the Bidding Requirements Or Contract Doc ummis to be conducted by or for CONTRACTOR prior to CONTRACTORS making stwh final commitment or 42643 (ON rRA(TOR faded to give the written notice within the time and as required by paragraph 4 2 3 If OWNbR and CON IRACI OR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in tie Contract Awe or Contract Times a clan may be made therefor as provided in Articles I I and 12 However OWNER EN(,INFhR and FN( INEFRs ( onsulmnts shall not be liable to ( ()N rRA(TOR for any clans. costs, looses or damages sustained by CONTRACTOR tin or in coraacton with any other project or anticipated project 40 Physical Conddhons bndergmvnd FaenGhes 4 3 1 Shown or /nnccared I he information and data shown or indicated in the Contract Documents with respect to existing Underground Factaws at or contiguous m the site Is based on Information and data firmshed to OW `FR or FNCTNFFR by the owners of such Underground Facilities or by others Unless it s otherwtsc xprc%ly providW in the Supplementary Conditions 4 3 I 1 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data and 4 i 1 2 The coat of all of the following will b, included in the Contract price and CONTRACTOR shall hate full responmbibly for (i) revwwmg and checking all such udormation and data (u) locating all Underground Facilities shown a indicated in the Contract Documcnts,(tu) coorduauon of the Work with the owners of such Underground Facdnties duratt, construcuat, and (w) the safety and protection of all such Underground Faoahues us provided in pamgaph 6 20 and repainnf, any damage thereto resulting from the Work 432 Not Jhotm or lnabcated If an Underground I lohty s urx,overed or revealed at or antiguous to the site which was not shown a indicated In the Contract Dv ummts, CONTRACT OR shall. promptly rimed ttely alter bccomn(, aware thereof and before further ohsturbaty conditions alrected thereby a performing any Work In connection therewith (c toept m an emergency as required by paragmph623) identify the owner of such Underground Facility and ta.xo entxAL c�owinorvs ivies Oro ta(mt w, CITY OF i OR r IXILLINS MO TFICATIONS(REN IrOWi give written nxtae to that owner and to OWNER and ENGINEER FNGTNEER will promptly rot iew the Underground Facility and determine the relent if any to which a change is required in the Contract Documents to reflect and document the consequences of the emstence of the fmdergouhd Facility If ENGINEER oom.ludm that a change in the Contract Documents is required a Work Change Directive or a Change Order w ill be issued as provided in Article 10 to reflect and document such consequences. During such time CONTRACTOR shall be responsible for the safety and protection of stwh Underground Facility as provided in paragraph 620 CONTRACTOR dial{ may be allowed an increase an the ( ontract Price or an extension of the ( ontract Times, or both to the extent that they arc attributable to the e¢slmce of any Underground F acdty that was not shown or indicated in the C ontract Documents and that C ONTRACIOR did not know of and could not maiscrably have been ctppeeccmmdd to be aware of or WhaveaMsipeted IfOWNERard CONTRACTOR are unable to agree on ermtlement to or the amount or length of any such adjustment In ( ontract Price or Ccnuact I nes, ( ON TRACTOR may make a clan therefor as provided in Articles I I and 12 However OWNFR ENGINEER and FNGrNFFRs Co aulmms shall not be liable to ( ON f RA( rOR for any clans, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project Reference Pouaft 44 OWNER shall provide cmgmeering surveys to establish rcferencc points for constrummn which in ENGINEERS judgment are necessary to enable (ON FRA( TOR to proceed with the Work CONTRACTOR shall be responsible for laying out the Wok, shill protect and preserve the established reference pops and shall make no changes or r locations without the prior written approval of OWNER CONTRACTOR shall re" to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of rx.ccssary charges in grade; or Imations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel 45 43besfos PCBs Perolenm Xazardons Wage or Rad/oartne Material 451 OWNER shell be responsible for dnv Asbestos, PCBs, Petroleum 11momlous Waste or Radioactive Matahal uniamcred or mcaled at the site which was not shown or indicated in Drawings or Specifications Or identified m the ContraU D(x,ummL% to be within the scope of the Work and which may present a substantial danger to persons a propertv cgxse(l thereto m conoalton with the Wok at the site OWNER shall not be responsible for am such materials brought to the site by CONTRACTOR Subcommetom Suppliers or anyone else for whom CONTRACTOR is responsible 4>2 EONTRAC701kaheAwimedately, (I),tapag sash neoac& xr CANER shag promptly croroulF-wHh-BN6BSE�-eaeteenungihr may for OWNER to-reatate-qumhfiadexpoH tlrevahuete Web CONFRAIiFOR shall not bn-rataned to rewrncWruk -re¢tnad pamttsrdeted thereto, mudde{wered to thetwskmndunertnttd eny eflested arm -es -aria, -been efl, at iewlea L f_F. (r (ONTR ��TOR to entailment, 1- 7 or �1rt+elea-If-an[4-2- 1 5 4 If ftff FOSSIpt Elf %8h spatial Nissan .---a CONTR4V70R does not owes, w core me such weak an Mier party may-mskea-elaantherefa as provided In o€ the patter Wak-perWmad OWN£Rs own fans a others n eucadaltcewphAncla 7 Laws RegulationsOWN[s;?2 shall- ademmfy and, hold hxmisss CONTRACTOR- Subeevaractas, officers dweotas: employees; agents other adewrltants Ar 4 subcontractors of e"h and any of them from anti, agauat aft chains, oasis, kroes-and damages or out of a rmaking from- cash cost less r-dtmage Is atlydw a ',to bodily- ,uey nohdutg the- lase at use resulting therefrom- and (n}neth g- fl s subparagraph- 4�44e11- obligate OWNER to -Indemnify any personoFentity-firma-ad awn[wgtlgenoc FJCUC t3h'NtRALCUNgnONa l9lU-fit (19aU rbl a) w/❑t OF r0Rr COLLINS?JMIF16Ar10NS(RhV 10M) ARTICLE 5-111CIN IS AND INSURA.INCE Performance Payment and Other Bonds 5 1 CONTRACTOR shall famsh Perfamame and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful perfamance and payment of all CONIRA(TORs obltgetions under the Contact Documents These Bands shla roman in effect at least until we vear after the date when final payment becomes due except as provided otherwise by I aws or Regulations a by the C«anct Documents ( ONTR 4( rOR shall also famish such other Bonds as are, required by the Supplementary Conditions AllBonds shall be in the tarn prescribed by the Conact Documents except as provided otherwise by 1 aws or Regulations and shall be executed by such sureties as are named in the current list of Companies Belch (cruficates of Authority as Acceptable Surcus on Federal Bands and as Acceptable Remsunng ( ompannes" as published in ( ocular 570 (amended) by the Audit Staf[ Bureau of (rovemmen P mancial O pemtims, I S Treasury Department All Bonds signed by an agent must he accompanad by a certified con of such agents authortiv to act 52 If the surety on any Bond frmushed by ( ON I RAC I OR Is declared a bankrupt a becomes insolvent or its right to do business Is terminated in any state where airy part of the Project Is located or it ceases to rasa the rsquuemcnts of paragraph 51 CONTRACTOR shall within ten days thastler substitute another Bond and sway both of which must bs acceptable to OWNER 5.3 1 teemed Sureties and Insures ( errfcntes of Insurance 5 3 1 All Bonds and inswancs required by th Contact Documents to be purchased and maintained by OWNER or CONTRACTOR shall be clawed from surety a Insurance companies that are duly licensed or wdioriad In the jurlsduxlon in which th Project is located to issue Bonds a insurance polices for the him is and coverages so required Such surety and wismume companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions ,32 CONTRACTOR shall deliver to OWNER with copies to each additional Insured dentfned in the Supplementary ( cndmoms, certificates of assurance (and other evidence of insurance requested by OWNER or any other additional insureds) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5 4 OWNER shell aklahaiel-uaured idenntefned arthe emary .e.1 ..... _ M.._...., ... ittilw«._ with Pam CONTR.ICTOR v I mbrhry Insumerce 14 ( ONTRACTOR shall purchase and maintain such Lability and, other insurance as is appropriate for the W ork being performed and furnished and as will provide protwim from claims set forth below which may arse out of or result firm CONTRACTORS perfommnie and furnishing of the Week and CONTRACTORS other obligations under the Contract Dm=cnt& whether it is to be performed or furnished by CONTRACTOR any Subcontractor or Supplier or by anyone directly m indirectly employed by any of them to perform or furnish any of the Work or by anyone for whose acts any of them may be liable 5 4 1 clauns under workers' wmpetisution, dmbihty benefits and other sunilar anptcyce hericfil acts 5 4 2 claims for damages bemuse of bolt Injury occupational sudcnes or disease or nth of CONTRACTOR s employees 543 clans for damages because of bodily injury Ricknem or disease m death of any person other than CONTRACTORs mployecs a44 alarms, for damagan usireil by customary utdlreetly related-to-tkeengdaymenFaRsrsh-peFrm-by otheFreaselk 545 claims for damages oth r than to the Work ttself, because of mjuv to or destruction of tangible property wherever located including loss of ust resulting therefrom rand 5 4 6 clans for damages because of bodily injury or death of any person or property damage rising out of the ownership mavaename or use of any motor vehicle The policies of uisunnce so required by this paragraph 14 to be pucttased and maintained %hall 5 4 7 with respect to iiislitnox required by paragraphs 5 4 3 through 14 6 inclusive and 5 4 9 include is additional insureds (subject to arty customary etclusion in respect of professional babillry OWNER. ENGINEER EN(rINEERs < onsulfirms and arty other persons or entities identified in the Supplementary Conditiom all of whom shall be listed as additional insureds. and include oweraj a for the respective officers and employees of all such addthimal tsureds 5 4 8 include the speufic wverages and be written for not lei than the lamas of liability provided in the Supplementary Conditions or required by Laws or Regulations whichever is greater 549 include completedoperauons nmtirance al(At6ENhRAL CUNDITION319105 (199a Gill wU w CITY OF PORT COLLINS MODOICATIONS M-N I20W 1 5410 include contractual Lability insurance covering CONTRACTORS mdemniq obligations under peraigaphs 6 12 6 16 and 6 31 through 6 33 5 411 contain a provision or endorsement that the coverage afforded will not be cansellal materially chanbed or renewal refused until at least thirty days prior written notice has been given to OWNER and CON I RACI OR and touch other additional isured idenlifted in the Supplementary Conditions to wham a certificate of msmarlce has been Issued (and the certificates of insurance furnished h) the CONTRACTOR pursuant to paragraph 5 3 2 will so provide) 5 4 12 remain in effa.l at least until final payment and at all times thereaRv when ( ONTR4( TOR ins be wrrecting remwmg or replacing tkfe five Work in accordance with paragraph 13 1 � and 1411 with regxct to completed operations insurarncc and arty insurance coverage written an a claims -made basic remain m effect for at least two years after final payment (and CONTRA( FOR shall funsh OWNFR and uch other additional msu d Identified in the supplementary Condiuons to whom a arti6caw of msuranc, has bed,n Isuod vidence satsfactor) to OWNER and any such additional Insured of confirmation of such Insumna, at final payment and one year thereafter) OWNER s Liability Insrrance 55 in addition to Insurance required to Is. provided b) CONTRACTOR under pamgraph54 OWNER at OWNFR% option. may purchase and maintain at OW'NERs expense OWNERs own liability insurance as will protect O WNER alminst elauns which may arse from operations und..r the Contract Dwumerits Pi,aper(y Insumnce 56 Unless Mhi vvis provKle& in the- Supplementary Corxlaions, OWNER "it- purchase- and mranteui work at the site m did afflamt P, the fa0 replaeeaaua rut thereof (subw to such deductible amounts ins may be- proviikd in the Stipplememary- Condtuona or required, by Laws- and Regulations) Thnsrlsuranceahall- Sol include the interests of OWN],& C(TRACTOR, SM1960ntraa OM N146 IRERt eraales- alerartied in, ihe-SupptamemaryConditions - each o€whom tadeerneol tohaveart Inwrebk Werest andshall bin Ls[eelusan-rsdrud iirllolohltorad insured 562 be-writtenoatr13ukkkes-Risk allrvk-or the fellawing _gpisrik fire highmmg evlended .overage- theft vrcdalrsm and maltalous rtawhiet sail With Other Pottle as iff6d by the � 7 _ ___ __ __ _ _ _ bade _. m trey be Feclueed by the Supplementury Corelawns of almahed mthe nadmrt�eFsoreor-eM+tten wedte have==ese=141- eRkeEsFed-as mamman4by OWNER m moordarce with pemgraphs t6 at ,it nervt llma� led ooverW afforded -will- re-- be- emsealkd or matermlty charged or renewal refused um1} M least41urty days prior wrau m nouce hat been- given w OWNER and whom a eemfwate of amuranee has bem tweed and will fOmam waiver provtsto VI- aceaderce with paragraph 3-F4" 59 OWNER shall not be respire able Ca purchasmg and mamtauung any property Intiarem e to protect the interests of CONTRACTOR. JubcorRactors or others m ldmbfia}m the Supplenaaery Eorahlnxr,. fha rltk of w h lose an L of any, of them wishes- propany insurance awerage- wohn, the Unit* of Nadi- amourm est:* may purchaee-und maaamnitat [tin purahasa�suwrtnaperisa 514 if CONf12A410R requests arwrtbr# that utho Clangs—C#dx- ,.• tv..»._. RACT.._. wptial tiara UCOCGENERALCONOIIIO^ 19108(199e EAt¢a) 10 wIC] tYop rORrCMUM AtWiFICAr b(REV 11000) conwietx;Meat of t Wwork aFthe snit OWNER thal4 at s ff i OWi3ERend EOAFCRACTEHt-inaaal thetal! polmto pure- aaed-m accordm with pa[agmphs �6 SuFweaVaetur3 EN(ANShRl. 6NfsFNhhRs a+ameds ar additional rc-k-lmsudt yah — and WW damages soused by the parils-etwerect-thereby—All as m the eflact that climat oil .09�eq and any-ek'- aM` .eh haEeeantsiomsace Ielpli m Coreuhams and allother paFaunc or emaaaw alent4ted 'Ole" to be ItsW as I�-and-damaaaSSa- caased—iVBae-et-FFle-aba42 pavabla under any pnlwy so Iced. s H 2 in addition, OWNI R waives aN—FigFas (vm CONTRAF`fM Subwrmctors offs erm dlreatem employees end ager" of any of them for of use a other -wrisequeraml laao- extendmg beyond daeet phys"I loss a damrillte w aFwng ar-ofor Fesultmg from GFo-aF otheF pare- whether or rat uvamedby OWNER, and � 112 2 lose or damage to the sonttdeFad resalum fret fire a otim am mdpatl- vvred durmg partial uhlr®horr puFavara- to paregraph 14 t4 after Substantial- f.umplelnxr puf"u# to•pamgiuph 148-a attar find payment reawery aping arty of 2!ZRACfOR. Subcoalne"Ors. t1GPMI;M diodutom employees and ageFAS of Boy efth" Receipt and 4pphcaaar of Insurance Pruoredc 5 12 Any uaured loss under the policies of Insurance required by paragraphs 5 6 and 5 7 will be adjusted with OWNER and made payable to OWNER as fiducary, for to uuureds, as diet uderests may appear subject to the requirements of any applicable mortgage clause and of paragraph 513 OWNER shall deposit m a Separate account any money so received and shall distribute it in accordance with Such agreement as the parsecs in taeresi may retch If no other special agreement is reached the damaged Work %hall be repaired or replaced the monrys so received applied on account thereof and the Work and the cost thereof covered by an appropriate ( hange Order or Written Amendment 5 13 OWNER as fiducary shall have power to adjust and tittle any lees with the insurers unless one of the Parties in interest shall object in writing within hdeen days after the occurrence of loss to OWNFRs exercise of this prover If such objection he made OWNER as fiduciary shall make walcmem with the ma uses in acemdancc with such agreement as the parbes in interest may reach If no such agcem in among the patties In interest, IS rachad OWWM as fiducary shall adjust and settle the loss with th insurers interest, hOWIs 9R xs_ aduieWry-shelf goo- braid- for -die 4eceptarece of Bond, and Immmusce Option to Replace. 514 If OW NFR has any objtatiori to the coverage afforded by or other provisions of the B rak or insurance requited to be purchased and maintained by the e�a--pe CONTRACTOR in accordance with Article S pit the jnsis of non-conformance with the Contract Documents the objeemig party 4,941 wrio fytheotter party OWNER will nutty (,QNCR,NCTQR in with rg within ten fifteen days ath.r receipt delnery of the certificates (err, other avideriee requested) w OWNER a3 required by paragraph 7 OWNER imil "her such, additional Infemtati"r rr respesE of unsurelwe provRled os th OONIr may raRM5011 y rarliieet. If Witter patty does, not purchase or, rnemtam all -of the Beads and ins urane required of suoh party by the Coma" te-pi rsdare prnr-toiheswn of the or Partial Uak,,%h"—Property lnsiameee 5 15 If OWNER funds it necessary to Occupy Or use a Portion or portions of the Work prior to Substantial EJCDCOENM4 CONDITIONS 19104(19W bin m) w/QTY OF TORT WLW NS MODIFICATIONS WN 10001) Completion of all the Wort, Such use or oaupanry may be accomphshed in accordance With paragraph 14 111 Zprovided that no suLh use or occupancy shall commence fore the mstuers providing the property Insurance have acknowledged nonce thereof and in wrung effected env clanges in coverage necessitated thereby The insurers providing the property insurance shall consent by endorsement on the policy ar policies, but the roperity insurance shall not be cenalled or permitted to lapse on account of any such paztal use Or occupancy ARfICLt 6--CONTILLCTORS Superidsat and Superintendence 61 CON7 RA(I OR shall supervise, inspect and direct the Work comipetendy and effiuently devoting such atemim thereto and applying such skills and expenis< as may b, necessary to perfomt the Work in accordance W ith the ( cruiser Documents ( ON rRAC TOR shall be solely responsible for the means. methods, ochniqu s, Sequences and procedures of mrstrucuon but C.ONTRAC I OR shall not he responsible for the negligence of others in tht. design or specification of a specific means, method technique sequence a Procedure of construction which is shown or indicated in and expressly required by the C ontnet Documents CONTRACTOR shall be restcmible to sec that the owmpleted Work complies aaumtely with the Contract I)xumcnts 62 CONTRACTOR shall keep on to Work at all times during its progress a competcm restdi.nt superintendent, who shall not be replaced without written notice to OWNER and ENOIINUR except under ,namorduiary, cacumstana,s The Superimmdent will be CONTRACTOR s representative at the site and shall have authority to act can behalf of CONTRACTOR All communications to the Superintendent shall be as binding its ifgiven to CONTRACTOR Labor bfal"i,; and Egaiparent 63 CONTRACTOR shall provide competent, suitably qualified personnel to survey lay out and construct the Work as required by the Contrict Documents CONTRACTOR shall at all tunes maintain boW disci hoc and order at the site Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto and e ept as otherwise Indurated in the Coritract Documents all Work at the Site shall be performed during regular working hours and CONTRACTOR will not permit overture work or the perficnit ice of Work em Satiudav Sunday or any legal holiday without OWNERS written consent given after prior written notice to INC. [NEER CONTRACTOR shall Submit requcsts to the ENGINEER no less than 48 hours in advance of any Work to be rxrformed on Saturday. Sunday. Holidays a outside the Regular Workma Hours 64 Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor traaspmiatio. construction equipment and machinery tools, applumets, luck power light heat telephone water sanitary facilities, tens r) facilities and all other facilities and tricidemals necessary for the furnishing. performance tesui& start up and completion of the Work 641Purchasua Resinctions CONI RACI OR must canals with the Qevs Duahasuy, resinctions A urw of the col bas oare available C review in the offices of the purchasing and Risk Management Division or the Citv Clerks office 642 ( anent Restrictions (ity of Fort Collins Resolulwn 91 121 mauves that suppliers and oroducen of ocarent a product ntermng cement to comfy mthat the cement "Us nut made in cement kilos that bum hazardous waste as a fuel 65 All materials and equipment hall he of good quality and new except as otherwise provided in th ( ontmct Documents All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNFR If required by FNGINFFR ( MIT RAM OR dell furnish satisfactory evidence (including reports of required tesja) a4 to the kind and quality of mntenals vtd equipment All materials and equipment shall be applied installed connected, erected, used cleaned and cendntioned in accordance with instructions of the applicable Supplier except as otherwise provided intht, Commet Documents Progress Schedale 66 ( ONTRACTOR shall adher to the progress schedule estabbshed in accordance with paragraph' 9 as it may be adjusted from time to tune as provided below 66 1 CONTR\CTOR shall sutmat to ENGINEER for acceptance (to the e-demt indicated in parograph29) proposed adjustments in the progress sche id that will not charge the Contract Times (or Milestones) Such adjustments will conform generally to the progress schedule then m effect and additionally will comply with arty provisions of the General Requirements applicable thereto 662 Proposed adjustments in the progress schedule that will change the Contract Tunes (ter Milestones) shall be submitted in aaodance with the requirements of paragraph 12 1 Such adjustments may only he made by a Change Order or Written Amenbnent in accordance with Mole 12 6.7 Substautes and Or Equal Items 6 71 Whenever an dam of material or equipment its specified or described in the Contract Documents by using the nine of a proprietary item or the name of a particular Suppher the specification or description is intended to establish the type function aril quality required unless the specnticahon or description 12 hicuc OhNF CONIHTIOM 19104 0990 tin au wl CITY OF rORT CMLLI NS b100MCA rIONS d[hV 4QOW) contains or s followed by words reading that no like equivalent or or equal Item or no substitution a permitted other items of material ur equipment or material a equipment of other Suppliers may be accepted by ENGINEER under the following circumstances 6711 19r Equal if in ENGINhERs sole discretion an item of material or equipment proposed by CONTRACTOR is lumuwtally equal to that named and sufficiently similar so that rto change in related Work will be required, it may be considered by 6NGIN6FR as an or -equal item in which case review and approval of the proposed item may in FNOINFFRs sole discretion. be accomplished without compliance with some or all of the requirements for accepance of proposed substrate items 6 7 1 2 Subatmde Items if m EV(ANLhRs solc discrehon an Item of material or equipment pnopiaed by CONTRACTOR does not qualify as an or -equal Item under subparagraph 6 7 1 1 it will be considered a proposed substitute item ( ONTRACTOR shall submit sufficient information as provided below to allow FtNGTNF.FR to deteml Ire that the item of mn2nal or equipment proposed Is essentially equivalent to that tamed and an m,ceptable sulsttute therefor The procedure for nee dew by the ENGINEER will Include the following as supplemented in the (reneral Requirements and as FNCINFFR may decide is appropriate under the circumstances Requests for review of proposed substitute items of material or equipment will not be accepted by FNCrTNFFR from nnnyonL other than CONTRACTOR If CONTRACTOR wishes to furmh or u% a substituu, &m of material or equipment, CONTRACTOR shall first make written application to LNGIN= for acceptance thereof certifying that the proposed substitute will perform adequately the functions and nclueve the results called for by the general design. be similar in substance to that specified and be salted to the ante use as that spec&d The application will state the extent it any to which the evaluation and acceptance of the proposed substitute will prejudice CONTRWorlo s achievement of Substantial Completion on lime whether or not acceptance of the substitute for use in the Work will require a change inany of the Contract Dccuments (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is sibjecl to payment of any license fee or royalty All vsrt itions of the firr>ptsed substitute from that speafiLd will be identired m the application and available mamtcaanee repair and replacement seance will be indicated The application will also contain an itemnud estimate of all Loss or credits that will result directly or indirectly from acceptance of such substaute, including costs of redesign and clans of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposal substitute ENGINEER may relive CONTRACTOR to furnish additional data abnot the proposed substitute 6 7 13 CONTRACTOR s Expenov All data to be provided by CONTRACTOR m support of any proposed or -equal or substtmt, item will be at CONTRA( rORs eogicsi e 6 7 2 Subsrimre Lunsbuchon Melhods or Procedrrnr if a specific means method technique sequence or procedure of construction is shown or indicated in and expressly required by the ( ormact Documents, ( ONTRACTOR may famish or onha a substitute means, met" technique sequence or procedure of construction acceptable to FN(iINFFR CONTRACI OR shall submit sufficient urfrxmation to allow FMANFFR, in LNOINEb Rs sole discretion to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents Me procedure to review by I-NG[NFER will be similar to that provided in subparagraph 6 7 1 1 6 7 3 Fngineer's Fvaluatim FNGTNFFR will be - allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6 7 12 and 6 7 2 ENGINEER will be the sole judge of acceptability No oequal or substmm will be mdered, installed or uulrmd without FN(rINFERs prior written acceptance which will be evidenced by either a Change Order or an approved Shop [hawing OWNER may require CONTRACTOR to furnish at CONTRACTORS expense a special performance guarantee or other surety with respect w anv or -equal or subsuwtc ENGINLTRR will record tune required by ENGINEFR and ENGINEEis Consultants in evaluating substitutes proposed or submnwd by CONTRACTOR pursuant to pargrphs 6 7 12 and 6 7 2 and in making changes in the Contract Documents (o m the ovisions of any other direct contract with OW^7FR for work on the Nojexg occastowd thereby Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR CONTRACTOR shall reunburse OWNER for the charges of ENGPIELR and EMANLERs Consultants for evaluating each such proposed substitute tem 64 Lrmcerning Subemrreiclem Suppliers and (dhen 681 CONTRACTOR shall not employ my Subcontractor Suppha or other person or ogaruwuon (including those aci.eplable to OWNER and ENGINEER as indicated in paragraph 6 8 2) whether uuualh a as a substitute against wlwm OWNER or ENGINEER may have reaseiable objection CONTRACTOR shall not be reguiaed to employ any Subcontractor Su her or other person or organization to furnish a pertopnn any of the Work against whom ( ON I RA('fOR has reasonable abjection 6.9 CONTRACTOR shall �af)rm not less than 2n percent of the Wak with its -own forges (that is, Vu'subconnactm¢1 The 20 percent reawrement shall be undersoixl to refer to the Work the value of which totals not less Own 20 oercem of the Contract Pnce 6 8 2 It tire- Supplementary ComUtnxis ©iddu Documents require the identity of certain Subcontractors, Suppliers or other persons a ortanprations (including otiose who are to furtush the pruicipal items of materials or equipment) to be submitted to OWNFR in•advaree of the gpewfled data prior to the Efecxive Date of the Agreement fix - acceptance by OWNER and EN(rINFER, and if asuardanee iiiih the Supplementary Conditions OWNERs or FN(INPPRs acceptance (i.tthcr in writing or by failing to make written objection thereto by the date indicated fm acceptance or objection in the bidding documents or the Contrae.l Dowments) of any sualz or ot!7-�eisnn. in ...i. A Hs, CQN:FRA440tZ *All _.l.t as watt substiuitwn KW im, approprmW Chmige Order will consulate a condition of the ( ontract requiring th, use of the named su6comractom suMhers or other pions or orommum on the Work unless nno written approval a obtained from QkNMR and FNCINFFR No acceptance by OWNFR or FNCINFFR of any such Subcontractor Supplier or other person or organization shall constitute n waiver of any right of OWNER or ENGINEER to reject ehfeeme Work 691 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all ads and omissions of the. Subcontractors, Suppliers and other persons and organizations perform utg or furnishing any of the Work under a direct a indirect iamnict with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTORs own acts and emissions Nothmg an the Contract Documents shall create for the benefit of env such Subcontractor Supplier or other person or organvauon any wnuactual relationship between OWNER a LNGINECR. and am such 5ubeemuactor Supplier or other person a ogammuon, no shell it create any obligation on the part of OWNER or ENGINEER to pay or to we to the payment of any moneys due any such Subcontr[etor Supplier or other person or organimuon cxcepl as may oUanvisc be r quired by Laws and Regulations OWNER or ENGINEER may furnish to anw subw&wto. suppher a other cerson or gyamt&Uon evidem.e of amounts paid to ( ONI RAM OR in accordarce with CONTRACTORS Apohcaucxufa Payment BKDC OENFA41. C'ONUI"RONa 1910-6 (199p Edt m) 13 wi CIIY OF i OKT r LLINS MODIFICATIONS MEN 100M 692 CONTRACTOR shall be solely responsible for cheduhrp, and coordinating the Work of Subumuactors. Supphers and other persons and organizations perfolmint, or furnishlry, any of the Work under a direct or milaect contract with CONTRACTOR CONTRA( TOR shell require all Subcontractors, Suppliers and such other persons and orgarurations performeg or ftumshung any of the Work to uxnmunieate with the ENGINCCR through CONIRAC CUR 6111 The divisions and sections of the Specifications and the identifications of anyy Drawings shall not eMtrol CONTRACTOR inehvidug the Work among Subcontractors or Suppliers or Museanng the Work to be performed by any specific trade 611 All Work performed for ('ONTRA( FOR by n Suboxaitrauor or Supplier will be prsoms to an appropriate agreement between CONI RA( FOR and the SubeoNreeaur ur Supplier wlueh spcuhcally brads the Subcontractor or Supplier to the applicable terns and conditions of the ( oraract Documents for the bdra.fit of OWNER and ENGINEER te pam—aJ._ f < L ... she CONTRACTOR and the Suhaoriniewt« Supplier wJll L. EEk 1(iiliFi E.R—Ea�l%fi'N15TiRl ^1�rorml.T=.+U.A. �6 the Work If the- insurers din any such polaris requre gelwate Wawa Cara eentraefifer or Parent Fees and Royafdes 61' CONTRA(TOR shall pay all license fees and royalties and asstam, all costs incident to the use in the pertormance of the Work or the incorporation in the Work of any invention, iksigm process, product or dev tie which is the subject of patent rights or copyrights held by others If a particular invention, design process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or LNGINCER its use is subject to patent rights a copyrights calling for the pavment of any license fee or royalty to others, the existence of such Tights shall be thsvl,s d by O WNER m the (.unload Documents 1 o the fullest e¢tem permitted by Laws and Regulations. CONTRACTOR shall rlxlerrundy, and hold harmless OWNER ENGINEER EN(iINEERs Consultants and the ours directors employees, agents and other consultants of each and any of than Irom and against all claims, costs, losses and damages ansaig out of or resulting from any mfnngemem of patent rights or copyrights incident to the use in the performance of the Work or resultinb from the in,orporation in the Work of any invention design process, product or deuce nor specified in the ( ontract Documents hJCUC VGNEAALCONUIlWNa 1910d (1991ia61 ) 14 w/C11Y OF fOxr CtlLLI NS MODIrICA r10NS (2LV 1/'AIXII Periods. 613 Unless otherwise provided inm the Suppleentary Conditions, CONTRACTOR shall obtain arch pity for all construction permits and hwnsi:& OWNER shall assist ( ONTRACfOR when necessary in obtaining such permits am3 hicerses CONTRACTOR shall fay all governmental charges and uspatton tees necessary tor the prosecution of the Work which are applicable at the time of opening of Sills, or if there an: no Bids. on the Effective Date of the Agreement CONTRACTOR shall pay all charges of utility owners for coxuecuons to the Work and OWNFR shall pay all charges of such utility owners for capital wits related thereto such as plant investment fees 6.14. LaasandRegalanons 6 14 1 CONT RAC FOR shall give all notice, and complyy on with all I aws and Regulations applicable to r fuusluryj and performance of the Work Except where otherwise expressly required by applicahle 1 aws and Regulabons, neither OWNER nor ENGINEER shall be responsible tar monitoring ( ON FRACI ORs compliance with am I aws or Regulations (,142 if CONTRACTOR pertorms any Work knew mg or having reason to know that it is contrary to I.aws or Rd.gulahons. CONI RA( TOR shall bear ill claims, costs losses and damages caused by arising out of or resulting therefrom however rt shall not be CONTRACTORs pprrunaresponslbihty to make certain that the Spectficato cations and Drawings are in acecxdwice With I aws and Regulations, but this shall not relieve CONTRACTOR of ( ONTRAM ORs obligations and a paragraph 3 31 Twres 61s CONTRACTOR shall pay all sales, consumer use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulatns of tho plan of the Proju.t which u applicable during the performance of the W ork C 15 1 OWNER is exemot from Coloraeu State and local sales and use [axes do materials to be pennaMnt1y incurpolated alto the proda.t Sad taxes shall not be included in the Comma Price (.ONIRA(.fOR must app.'v fa rid recave a Certificate of Exemption from the (olnrado Dewrtmem of Revenue for construction materials to be physically ucorfximted into the podeu This Certification of Exemption provides that the CONTRACT OR shall neither pay nor include m hs Bid, Sales and Use Taxes on those building and d47..t materials Physically im,oroorated into the proeet Address Colorado Department of Revenue State ( AnIMI AMex 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 1375 Shuman Nreet fkrwer Colorado 80261 Sales and Use Taxes for the State of Colorado Rectorial Tm rtf n Distrat (RTD) and ertam ( olomM cotinries are onllected by the lame of Colorsdouvi are included in the Cerbfication of Exemption All applicable Sales end Ure I axes (in ludua State collected taxes) on anv hems other than construction and bu ldmg materials physically mmrwimed into the rat are m be id CONT RAC FOR and we to uuluded in aooromate bid items Uee ofPremrset 616 CONTRA( IOR shall confine construction equipment, the storage of materials and equip a nt and the operations of workers to the site and lard and areas identified in and permitted by the Contract Documents and other land and areas permitted by 1 aws and Regulations, rigbCsof way permits and casements, and shall not unreasonably encumber the premises with construction equipment or other materials a equipment CONTRACTOR shall assimne lull resporeubility, for any damage many such [arid or area or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work Should any claim be made by any such owner or ocetteant because of the performance at the Work ( ONE RAC FOR shall promptly settle with such other party by negotiation or otherwise resolve the clamor by arbitration or other dispute resolution proceeding or at law ( ONTRACI OR shall to the fullest tRtcnt permitted by I aws and Regulations, mrkmmfy and hold harmless OWNER. ENGINEER ENGINEERS ( onsilant and anyone duectly or indirectly employed by any of them from ind against ill clans, costs losses and damages ansmg out of or resulting Gum anyy claim or action, legal or equnabl0. brought by any sw.lt owner or occupant against OWNER ENGINEER or Am other parry indemnified hereunder to the extent caused by or based upon CONTRACTORS performance of the Work 6 17 During the progress at the Work CONTRACTOR shall keep the premises Gee from accumulations of waste materals. rubbish and other debris resulting from the Work At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debits from ind about the premises as well as all tools, appliances, mnstruetion equipment and machinery and surplus materials CONTRAC FOR shall leave the site clean and ready for oa.upam.y by OWNER at Subsanual Completion of the Work CONTRACTOR shall restore to animist condition all property not designated fa alteration by the Contract Documents 0 18 CONTRACTOR shall not lewd nor permit arty pan of any structure to be loaded in any manor that will endmif,cr the structure nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it Record Document, 619 CONTRACTOR shall maintain in a sate place at the site one record copy of all Drawings Speclfaturms, Addenda. Written 4mendmenm Change Onlas, Work Chart,c Dnrecuirm Field Orders and written interpretations and clarifications (issued pursuant to paragreph94) in god order and annotated to show all changes made during construction There record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work and prior to release of fimil payment, these record documents. Samples and Shop Dmwtrres will be delivered to M,FNbhR far OWN PR Safety and Proteesion 620 CONTRACTOR shell be responsible for mdiming, maintaining and supervising all safety prei.aubcns and programs in ,onnection with the Work CONI RA( I OR shall take all nemssary precautions for the safety o[ and shall provide the necessary protabon to prevent damage, injury or Iris to o _0 1 all persons on the Work snne or who may be affected by the Work o o _ all the Work and materials and equipment to be incorporated therein, whether to storage tin or off the life and 6 20 1 other property at the site or adjacent thereto including trees, shrubs, lawns, walk% pavements, rowdways, structures, mihtcs and Underground Facilmes not designated for nmovd. relocation or replacement in the course of construction ( ONI R4( FOR shall "imply with all applicable I aws and Regulations of any public body having junsdicnon for satery of persons or propenv or to protect them from damage, injury or loss and shall erect and matnain all necessary safeguards for such safety and protection CONTRACTOR shall notify owners of adjacent property and of Underground Ficilities and mihty, owners when prosecution of the Work may affect them and shall cooperate with them in the protection, removal relocation and replacement of them property MI damage mjury or loss to am, property referred to in paragraphs 6 20 2 or 6 20 3 caused, directly or indirectly in whole or in pan, by CONTRACTOR any Subcontractor Supplier or any other person or organization directly or indirectly employed by any of them to perform or famish any of the Work or anyone for whose acts any of them may be hsble. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the Acts or omissions of OINNER or ENC,INEER or 6N(,ENEERs Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable and not attributable duovth or indirectly in whole or in part. to the fault or rncgligera,c of CONTRACTOR or any Subcontractor Supplier or other person or agamvauon directly or indirectly employed by any of them) CON CRA( I OR dunes and responsibilities for the safety and prolecuon of the Work shall continue until such time as all the Work is completed and FN( IN FFR has issued a 6JCDC OENtAAL C'OMNilONS 19104 0)90 tat m) Is calciT OFt OarCOLLIMMODIFICATIONS(RNt000m notice to OWNER and CONTRACTOR in accordance w hth paragraph 14 13 that the Work is acceptable (except as otherwise espressly provided in connedton with Subsuanual Completion) 621 Safety Representrm e CONTRACTOR shall desi6ate a qualified and evpwwcedi safety representative at the site whose duties and responsibilities shall be the prevention of aectdems and the mammtnmg and supervising of safet) precautions and programs Hazard Canrmunrcatron Programs 622 CONTRACTOR shall be responsible for ueordnatmg any exchange of material safety data sheets a other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws or Regulations kvnergencrex 6 �3 In emergencies affedmg the safety or protection of persons or the Wait or property at the snit a adjacent thereto ( ONI RA(1 OR, without special msWaton or authorization from OWNFR err FNCDNFFR s obhgaad to act to prevent threatened damage injury ar loss ( ON RAGTOR shall gnvc FNGINEFR prompt wntten notice it ( ONl RA(TOR believes that any significant chang s In the Work or variations from the Contract Documents have been caused than.by If ENGINEER delermanes that a change in the ( ontract Docur ens its r qurrd because of the action taken by CONTRACTOR in response to such an emergency a Work Charge Directive or Change Order will be Issued to cimumerrt the a,onsequences of such action 6.24. Shop DrahvmgsandSampfes 6 24 1 CONTRACTOR shall submit Shop Drawings to EMANECR for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2 9) Nl submittals will be identified as ENGINEER may require and in the number of copies specified in the Genenl Requirements The data shown on the Shop Drawings will be complete with respect to quantities, dimensions specified performance and destyt aaena materials and similar clan to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6 26 624 2 CONTRACTOR shall slso submit Samples to EN(INEER for review and approval in accordance with said m.cepted schedule of Shop Drawings and Sample submittals Each Sample will be identified eleml) m to material. Suppha penmen data such as catalog numbers and the use tor which untended and otherwise as ENGINEER may require to crable FN( INFFR to review the submittal for the Invited 61CUC UtNFA9L CONUITON31Y10$ (IY9a Edhwa In w/Cl rY OF lORr IX)L61Nb NIMIrICAWNS(RLV"0001 purposes required by paragraph626 The numbers of each Sample to be submitted will be as specified in the Spcuficatrors 6.25. Sd4rrrmm! Procedures 0251 Before submitting each Shop Drawn* ur Sample CONTRACTOR shall have determined and verified 62511 all field measurements quanthhes dimensions, specified performance criteria msallanon requirements matestals catalog numbcrs and similar taformahon with respect thereto 625 12 aft matenals with respal to intended use fabrication, shipping handling smmge assembly and installation pertaining to the performance of the Work, and 61511 all information relative to ( ON I RA("I OR sole resporsabdnnes in resly t of means metho& techniques, sequences and procedures of construction and safety precautions and programs mci&nt thereto ( ONTRICTOR shall also have reviewed and coordinated esch Shop Drnwing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the ( oxntract Documents 6 25 2 botch submittal will hear a stamp or specific written indication that CONTRACTOR has mnsfied CONTRACTORS obligations under the Conrad Ihocumens with respect to ( ONTRAC I OR s r View and approval of that submittal o-53 u du, ume of ach submesRm. CONTRACTOR shall give EN(,hNEER specific written notice of such v anstsom if any that the Shop Drawing or Sample submitted an, have from the rcqutements of the Contract Dowumems such notice to be In a written communication separate tram the submittal and, in addition, shall muse a specific notation to be made on Bash Shop Drawing and Sample submitted to ENGUTEER for review and approval of each such vananon 626 ENGINEER will r view and approve Shop Drawings and Samples in m,cadan.e with the schedule of Shop Drawmyn and Sample submittals accepted by ENGINEER es regutrel by paragraph 2 9 ENGINEERS review and approval will be orgy to determine if the items covered by the submittals writ, after Installation ur incorporation in the Work, conform to the information given in the Contract Documents, and be compatible with the design ccn wpt of the completed project as a funwounb whole as mduared by the Contract Documents ErNGINEERs review and approval will not extend to mcarm methods techniques, sequences or procedures of construction (escepl where a particular means, method technique gequertce or procedure of construction is specifically and expressly called for by the Contract Documents) or in safely precautions a programs incident thereto The review and approval of a se to item as such will not indicate approval of the assembly in whudi the item functions CONTRACTOR shall make eorecnons required by MANFER, and shall ream the required number of corrected copies of Shop Dmwu*s and submit as required new Samples for review and approval CONTRACTOR shall direst specific attention in wring to revisions other than the corrections wiled for by ENCANEER un previous submittals 627 FNGINFFdts review and approval of She p Drawings or Samples shall not relieve CONTRACTOR from responsibility, for any %anation from the requirements of the ( ontmet Doeutnrnts unless CONTRACTOR has in writing wiled ENGINEhRs attention to each such variation at the time of submission as required by paragraph 6 25 3 and ENGINEER has given written approval of each such vanation by a specific written nutauon thereof mcurporated m or accomparyL g the Shop Drawig or Sample approval nor will any approval by FN( fh(EhR relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 61S 1 628 Where a Shop Drawing a Sample. is regmrLd by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by FNGNEFR as required by paragraph 29 arry related Work pertemned prior to FN(rINFhRit rc%vew and approval of the pertinent vhmittal will be at the sole expense and responsibility of CON rRA( TOR ( ananurng the Work C,29 CONTRACTOR shall carry on the Work and adhere to the progr sir schedule diner, all disputes or disagreements with OWNER No Work shall be delayed or postponed pendug resolution of any disputes or disagreements, except is permitted by paragraph 15 5 or is OWNER and CONTRACTOR may otherwise Vrce in wrnug 630. C0N7RtCT0Rs General Iarramy and Guarantee o 301 CONTRACTOR warrants and guarantees to OWNER ENGINEER and ENGINEERs Consultants that all Work will be in accordance with the Contract Documents and will not be defective CONTRACPORs warranty and guarntit hereunder e<Lludes defects or damage causal by 63011 abuse modnftwtion or improper marmeman oe or operation by persons other than CONTRACTOR Subcontractors or Suppliers or o3612 ronnal wear and tear under normal usage o 30 1 CONTRACTORS obligation to perform and complete the Work In accordance with the C critract Documents shall be absolute None of the following will conmmte an noapmnce of Work that is not in Ex OENIRAL(ON Isom 191" 09ao Ed( m) w1 CM OI 1 ORT COLLINS MODIFICATIONS ll(LV 170am) accordarue with the Contract Documents or a release of( ONTRACTORs obligation to perform the Work In accadancc with the Contract Ducuments 63021 observations by ENGINEER 63022 recommendation of any progress or total payment by E NGINIER 63023 the issuance of a artifiwle of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents 61024 use or occupancy of the Work or any part thereof by OWNFR 63025 any acceptance by OWNFR or any fsdure in do so 63026 any re vew and upprovel of a Shop Dmwmg or Sample albmmal orthe issuance of a notice of acceptability by FTNUINFFR purvuam m paragraph 1413 63027 any imspcchom, 0.st or approval by othen or 63,028 any correction of defective Work by OWNFR Indemnrfraoaan 631 ro the fullest indent permuted by Iaws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER ENGINEER ENGINEERS ( omadtam, and the officers, directors, employees, ag its and other constilumts of each and any of them from and a6aimt III dawns. costs, losses and damages (Including but not limited to all fiw and charges of engmars, architects, ittomeys and other professionals and all court or arbitration or other dispute resole uon touts) caused by arising out of or resultml, from the performance of the Work pro%idW that any such claim Lout, lose a during, (I) is attributable to boddv injury sickness disease or death. or to injury to or destruction of tangible property (other than the Work Itself) Including the loss of use resulting therefrom and (it) is caused in whole or in part by any negligent act or omission of CONTRACTOR arty Subcontractor tiny Supplier any person or organization directly or indirectly employed by any of them to perform or Cornish any of the W ork or anyone tur whose ails any of them may be liable regardless of whether or not caused in part by any negligence or omission of a person or ermty Indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations rekardess of the negligence of any suLh person or entity 632 In any and all stars agarrut OWNER or ENGINEER or any of their respects a cu mulmnLs, agents, officers, directors or employees by any employee (or the survivor or persmal represermnve of such employee) of CONTRACTOR, any Subcontractor any Supplier any person or orgammnon directly or indirectly employed by 17 Raw of them to perform or funish any of the Work or anyone for vbm acts any of them may be Imble the indemnification obligation under paragaph631 shall not be limited in any way by any limitation ern the amount or type of damages, cornpersation or benefits payable by or for ( ONI RA( TOR or any such Subcontractor Supplter or other person or organization under workert compensation acts, disabdity, benetit acts or other employee beriefit acts 633 fhc mdemialwation obligation of CONTRACTOR under paragaph 631 shall not extend to the Lability of ENGINEER and ENGINEER a Consultants. officers directors, employees or agents caused by the professional negligence errors or cm=ons of any of them Swvtred ofObhgenons. 634 All representations, indemmheatsons, warranties and guarantees made m, requned by or given in accordance with the ( rxaract Documents, as well as all cormmum obligations indicated in the Contract Dmuments, will sinswe first payment completion and acceptance of the Work and lertnireUon err camplcuon of the ,agreement ARTTCT E 7 OTHER WORK Rotated Work at Sue. 71 OWNER may perform other work related to the project at the sic by OWNERs own forms, or Ict other direct contracts therefor which shall contain Gcaeral Conditions similar to these or hav, other work perf wmcd by utility owners If the fact that such other work is to be performed was not noted in the Contract Documer&% then (i) written notice thereof will be given to CONTRACTOR prior W startmt, any such other work and (u) CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12 ifCONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable in agree as to the amount or extent thereof 72 CONTRACTOR shall atord each other uxaractor who is a party to sushi a direct contract and each utility owner (and OWNER if OWNER is performing the addmonal work with OWNCRs employees) proper and safe access to the site and a reasonable opportunity tea the introduction and storage of materials aril equipment and the execution of such other work and shall properly connect and umrdinate the Work with theirs Unless otherwise provided in the Contract Documents CONTRACTOR shall do all cutting, hating and patching of the Work that may be required to make its several parts cane together properly and in, with such other work CONTRACTOR shall rot emkinger any work of others by cittug cxtasating or otherwise altering thou work aid will mlv cut or alter thew work with the written consent of ENGINEER and the others whose uork will be affected fhe duties and r�ponsibdmes of CONTRA(TOR under Bus paragraph are fur the benefit of such utility owners and other contractors to the extent that there are comparable tJCUC OtNtRAI CVNUITIONa UlO�t (1990tdti N 1x cut QTY OF FORT C701,1.1% MODIFICATIONS(R],V 110001 provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors 73 If the proper execution or results of env part of ON fRACTORs Work ds uprn work performed by others under the Attic e 7 CONTRACTOR shell aspect such otter weak and promptly reepport to ENGINEER in wasting any delays, defcv.ts or defa.icnees in such other work that render it unavailable err unsuitable for the proper execution and results of CONTRACTORs Work CONTRACTORS failure so to report will constitute an acceptance of such otter work as fit and proper for integration with CONTRACTORs Work except for latent err nnnapperent defects and deticeneses in such other work ( owdinanon 74 If OWNhR contracts with others for the performance of other work on the Project at the site the tollowng will be set torh in Supplementary Cordnaons 741 the person twit or corporation who will have authority and responsrtnhty fm coordination of the actn Ries among the various pr me contractors will be identified, 742 the specific matdrs to he covcnd by such authority id responsibility will be itemiwd and 743 the extent of such authority and responsibilities will be provided Unless, otherwise provided in the Supplcmentary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination XRTICLE 8- OWNFR S RESPONSEWLITIES 81 Except as otherwise provided in these General Conditions, OWNER shall issue all commum,roons to CONTRACTOR through ENGINEER 92 In case of termination of the employment of ENGINEER, OWNNER shall appoint an en6meer against wham CONTRACTOR makes are resserieble obteetton; whose status under the Contract Documents shall be that of the former ENGINEER 81 OWNER shall furnish the data required of OWNER under the Coraract Docitments pmmpily and shall make payments in CONTRACTOR promptly when they are due as provided in paragraphs W 4 and 14 13 84 OWRNERs duties in respect of providing lands and casements and providing engineering surveyyss to establish reference points are act forth inpamgmpls4I and 44 Paragraph 42 refers to OWNERS idenufyiny amid making available to (ONIRAMOR copes of reports of explorations and tests of subsvrface conditions at the site and drawmgs of physical conditions in existing structures at or contiguous to the site that have been utilized by FNGMrR in preparing the Contract Documents bilit and _ forth Irtperegraphs %S threuglrS Ill, 86 OWNER is obligated to execute Change Orders as mchcated in paragraph 10 4 87 OWNERS responsibility in respect of certain uispeclrons, tests and approvals ns set forth in paragraph 13 4 8 8 In cannecnon with OW NF R s right to stop Work or suspend Work see paragraphs 13 10 and 15 1 paragraph 152 deals with OWNERS right to terminate services of ( ON rRACTOR under certain circumstances 89 the OW NFR Ball nor supervise direct or have control or authority over tax be responsible for ( ONTRACTORs means, methods, techniques sequences " procedures of construction or the safety precautions and Programs mordent thereto or for any failure of ( ONTRAC I OR to comply with laws and Regulations npplicabl, to the burnishing or performance of the Work ONRVFR will not be responsible for (ON FRAC1 ORs failure to perform or furnish th Work in necurdaroc with the Contract Documents 9-111---3WNERsrcspnntibnhty rrvrespen-of undisclosed set lbrill as famagraph4-5- ar angemaras " beau made to satisfy, OWNERS responstbmmy tin respect thereof Will -be as -set -falls., it e Supplementary Condmaxss ARTICT F 9-ENGINFFR S STATUS DIIRINC CONSTRUCTION OWNER a Representaaw 91 ENGINEER will be OWNERs representative doing the ostrmom period rho duties and responsibilities and the bmtutionq of authonty of ENGINEER as OWNERS representative dunn6 wnstructiot are set forth in the Contract Doctanens and shall not be cxlemled without wniten wnsent of OWNER ud ENGINEER I inil, to site 9 2 ENGINEER will make vims to the ante at intervals appropprrlaon late to the various stages of construction as ENGMER deenns naessaty in order to observe as an experienced and qualified design profestoml the progress that has been made and the quality of the various aspects of CONTRACTORS executed Work Based on information obtained during such visits and observauona ENGINEER will endeavor for the benefit of OWNER to determine. in general if the Work is proceeding in accordance with the (xvatimt Documents HNC INFFR will not be regwred to make exhaustive or continuous on site inspections to rhock the quality or 4uanury of the Work ENGINEERS efforts will be daectod toward provrdiny. For OWNER a greater degree of confidence that the cornpleted Work will conCotm Generally to the Contract Documents. On the basis of such visits and on - site observmtons, ENGINEER will Lee OWNER unformed of the progress of the Work and will endeavor to guard OWNER against defective Work FNGINEMRs visits and on -sae observations; arc subject to all the limitations on ENCrINEERs authority and responibnbty set forth in paragraph 913 and particularly but without imitation, during or as a result of ENGINEER& onhsic visits m observations of CONTRACTORS Work ENGINEER will not supervise, dual. control or have authority over or be responsible for ( ONI RA( 1 OR s means, methods t�cinnques, sequences or procedures of construction, a the safety precautions and programs incident thereto or for any failure of CON rRA( rOR to oomplj with Iaws and Re gulanons applicable to the ttlmishitg or performance of the W ork lhgeet Represenmar+¢ 93 if OWNER and f-NGINFER agree MOINFFR will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work rho responsibilities and authority and limitations thereon of any such R salunt Project Representative and assistants will be as provided in paragraphs 9 3 and 913 unit On �ha Supplements Conditions of these General Conditions It OWNER do us another representative or agent to represent OWNER it the site who s not ENGINEERS Commirant, agora or employ" the responsibilities and authority and limitation therein of such other person will be as provided in It2me8 9 7 of these Creneral Conditions II the FNGTNFFR fumnshcs a Rss _6olegt 13;rs5.eniative {Rp[tJ or ether resistants, or If the OWNER designates a Representative a aaem, all as provided in paragraph o 3 of the General Condition& these Representatives shall have the authority and limitations as provided in paragraph 913 of the General Conditions and shall besubdect to the following 931 the Representatives dertuas in matters nu lee [M on�ne work will m erleral M with the ENGINEER and CONTRACTOR But the Representative will keep the OWNER Troperiv advised about such matters _ The Representatives deaf with subcmttrac[ors will only be lhl- a wnih the Cull knowledge oral approve o the CONPRAC.TOR 932 Duties and Resoonvibnhties Reim tativc ww111 9 3 2 1 Scheduleg Review the rsr Q eS5 6JpUC6t.NFAAL CONUIliON3lYleS (UYD Edr nil 19 w/ (lTY O[• fOa! COLLINS MUUIFlCATIONs (atry inaUa) schedule and other schedules prepared by the CONTRAC LOR and cunsult with the L1� GEVEER c ertung acceptabihty 9 3' 2 Conferences and Meetui¢ Attend mating rth die CONTRA( 3OR such as precunstruEtton conferencck progress meetings and other iob conferences and prepare and circulate copies of minutes of meeltw 9323 Liauon 9 3 2 3 1 Serve as bN( NFFRS liaison with CONTRACTOR. waking onncipally throu¢h ( ONTRA( TOR S superintendent m assist the C ON TRACT OR in _u_ndergandir�t the Conrad Uaaunenk 9323' Assist inbtemana from OWNER additional details or mliormauon when rewired for proper a<mutton of the W ork 93233 Advise the hNWNba and ( ONTRA( TOR of the commencement of am Work requiring a Ihon Dmwirat a sample subtrtmicm if.th3 suhmisslon has not been approved by the FNCINlbFR Q 3' 4 Review of Work Rejection of Detedwe Work, inspections and feats 9 3 2 4 1 C onduct on site observations of inWomkrmprassst tlx ENGNEER Work is jxoceedmg in accordance with the Contract Documents 03242 Report to the bNGINbbR whenever the Representative believes that the Work is unsatisfactory faulty a defective or does not conform to th, Contracts, tract Document or has been darwi ed or does not meet the regmrements of any impa.uons, tests or approvals required to be made and advise the FNGFNFFR wh,n he hehi.v n work should bi, corrected or rejected or should be umovered for observation, or requires specisl testing, insseectmn or approval r 3 2 4 3 Accompany a isdrn& mspectors representuie wbhc a other agencies havuta dunsdlehui over the Roject reconl the results of these mane tions and smort to the TNGINCER 932 5 Interpretation of ( unmet Documents Rcport to CNUNEER "hen Llanfications and rote etahons of the CmtmU Documents ere medal a tranismu to WNTRACI OR UenbwGun oral mteaxelatim Of the Cemtmet Lcuments as cswred by the '.a—�iifh�laa7 932.6 Modifications Consider and evaluate ( ON CRACTOR ti suggemonc for bKDC r LNFR.W C ONDITIQNS 19144(119at6i u ) WI Cl FY OF FORT COLLI VS MWIFICA LIONS tMV Vbaal modification in Dmwmas or SDecdications and report these racimmendattons to FNGTNEER Accurately_ transmit to CONTRACTOR dmistoris sated by the ENGINEER 9 3 2 7 Records 93271 Matntam al the Representativi,s 9 3 2 7 1 Record names addreascs and telenhonc numbers of all CONTRACTORS subcontractors and major aippltas of cquTmem and materials Q 3 2 8 Repxts 9 3 2 8 1 Furnish ENGINEER periodic reports, as rafuired of the progress of the Work and of th, CONTRACTORS compliance with the progress schedule and schedule of shop Dmvnng and sample submittals 9 3 2 8 2 Consult with ENGINEER in tdvance of scheduhn6- major test" uispecItons or start of important phases d the Work 93283 Dm t Dres o d C hanee Orders and Work Detective Changes, obtaining backup material from the WNTRACfOR and recommend to EN(,TNL:ER (hange Ordem. Work Daechve Charities and field orders 9 3 2 8 4 Re ore immedtatel to ENCINEQ2 an OWNER the mcurrence of MN awldem 9329 Payment Rcuuu Review applications for pavm<m with CY)N fRAC7 0R Ca comphana with the atabhshed procedure for these submission and forward with recommendation to ENGINEER noting particularly the relationslu2 of the payment requested inthe schedule of values work wriplcted and materials and cuuaggicnt delivered at the site but not mcurporated in the Work, 9 3 2 10 Completion 932101 Before ENGINEER issues a CwsRfuIomolena submitaneofobu Ad items reouainu correction or canuletaon 932102 Conduct final isoectiot in the compenv, of the ENGINEER OWNER and CONQ TRACTOR_and prepare a final -list of Items to be i,urrected or ompleted 031103 Observe that all items on the final list have been corrected or completed and make recommendations toENGINEER concernnaa acceptance 933 1 imitation of 4uthonty The Representative shall not 9 3 3 1 Authorise any deviations from the Contact Documents Lx merit any sutstituw materials or equipment, unless authorized by the hN(,FNI+R )332 Exceed limiatians of FN(INFFRS aumonta, as set forth m me Qcame t UDCUM ins 9 3 3 3 Undertake A of the raponauMhnes of the CONTRACTOR Subcamract % or CONTRACTOR S superintendent 9334 Advise on. or issue dwectnois relative to or assame control over any aspect of the means, methods, techniques, sequences or pr ,odures (or construction unless su5)h is specifically called for in the Contract Documents 93 3 5 Adnw on o issue direcuons regarding or assume conrol over safety precautions and progams in connections with the Work 9336 Accept Slwp Drawugs or sample sdbmitals from anyone other than the CONTRACTOR )337 Authonie OWNER to od.eutW the Work in whole or in Dart ) 3 3 8 Participate in speualired field or lahomlory less or arsoeilions conducted by others except as specifically authorized by the ENGINEER Ctanfrcanons and fnta premaons 94 ENGINEER will issue with reasonable promptness such wnnen clanficanons or mterpretanonc of the E1CUC 6ENF]1AL CONpImONa uYin-a (199a EdUan w CITY OP 1 ORT MLLr NS MM1FICATtONS (REV tl ()W1 requirements of the Contract Documents (m the Conn of Drawings or otherwise) as l"N(ANEM may determine mxcsssry which shall be cc snstent with the intent of and renscrably inferable from the Contract Documents Such wriUm clanficanons and interpretations will be banding on OWNER and (ONTRACTOR ff OWNER or CONTRACTOR believes that a written clanfisation or interpretation justifies an adjustment in the (,ontract Price or the Contract Tames and the parties are unable to aWec to the amount or tMent thereof of airryry OWNER o CONTRACTOR may make a written claan therefor as provided in Article 11 or Article 12 4utho rd Ianakons in Work 9 � I N( INT FR may aut}onu minor vartatnons in the Work from the requirements of the Contract Documents which do not involve an arryusment in the ( ontract Price a the Contract Tunes and are compatible with the design concept of the completed Project as a funeaaonag whole as indicated by the Contma Documents Thew may he accomplished by a Feld Order and will be binding on OWNER and also on ( ON rRA( rOR who shall perform the Work involved Promptly If OWNER or( ONERA( TOR heheves that a Field Order justifies an adpistm tit m the Contract Free or the ( entraci fumes and the parties are unable to agree as to the amount or extent thereof OWNER or CONTRACTOR move make a written clan theretor as provided in Article I I fir 12 Rejecting Defec ave War* 96 FN( INFER will have authonq to disapprove or reject Weak whnh FN('TNFFR believes to be defectnse or that LNGINEER believes will not produce a completed Prcjea that conforms in the Contract Dmunxns or that will prejudice the integrity of the desgn concept of the completed Projea is a functiomrij, whole as indicated by the Contract Documents. ENGINEER will also have authority to require, Teem[ inspection or testing of the W ork as provided in paragraph 13 9 whether a not the Work is fabricated, installed or completed Shop Drawings, Ckange Orders and Pap cents 97 to connection with ENGTNEERs authority as an Shop Drawings and Samples, we pari6niphs 6 24 throulla 6 28 inclusive ) 8 In connection with KMANEERs authority as to Charge Orders, we Articles 10 11 aril 12 99 In onnation, with ENGINEERS authority as to Applications for Payment we ArUck 14 DctermtnMons for Unit Pnem 910 ENGINEER will determine the actuat quantities and classnficauons of Unit Pne Work performed by CONTRACTOR ENGINEER will review with C ON RAM OR the FNGINFFTts preliminary determinations on such matters before rendering a written decision thereon (bv recommendation of an Application 21 for Paymentor otherwise) ENGINLLRs written decision thereon will be Pawl and binding upon OWNER and CONTRACTOR, unties, within ten days after the date of any such deoisicat either OWNER a CONTRACTOR delivers to the other and to ENGINEER wnttm nonce of intention to appeal &ore FNGINhER s decision end (h) an appeal Crap ENGINEERS diecmon its taken m the time limits and m accordance with rho procedures set fmth in Exhibit GC A, Dispute R solution Agreement emend into between OWNER and CONTRACTOR pursuant to Article 16 or (it) if no such Dispute Resolution Agreement has been entered into a formal pmceedmg is instituted by the appeahng party in a forum of competent lunsdhcthon to exercise such rights or remedies as the appealing party may have with respect to FTI(rINFERs dectsmn, unless otherwise agreed in wining by OWNS R and CONTRACTOR Such appeal will rat be subject to the procedures of paragraph 9 11 Decinoas an &Tutec 911 FNC INFFR nhll he the initial interpreter of the requirements of the ( ontract Docummis and judge of the aecep abdny of the Work thereunder ( lams, disputes and other matters relating to the acceptability of the Work or th mterpri.tatum of the requucments of the Contract Documents pertaining to the performance and fumnahmg of th Work and charms under Arcades 11 and 12 in respect of changes in the Contact Price a Contract Tunes will be aferred morally to FNGINhFR in writing with a r quest For a formal decision in accordance with this paragraph Written notice of each such claim dispute or other matter will b, dklivered by th claunam w ENGINEER and the other party to the Agreement promptly (but in no event later than thing days) after the start of the occurrent, or event $wing rise thereto and written s pporimg dam will be submutcd to FNC INFFR and the ahcr pany within sixty days after the start of such od,currence or event unless L16MER allows an additional penal of time for the submission of additional or more accurst, data in support of such clam dispute or other matter The opposmg P" shaft submit any response to ENGINEER and the claimant within turty days after receipt of the ditunant's last submittal (unless FNGINFFR allows additional unit) ENGINEER will render a formal decision in writing within thirty days alter receipt of the opposm6 party s submittal if any in accordance with this paragraph ENGINEERS written decision on such clam dispute or other matter will be final and buhdi g upon OWNER and CONTRACTOR unless (h) an appeal from ENGTNEERs deusion is taken within the time limits and in ai.cotdance with the cprocedures set forth in EXHIBIT GC �. Dispute olutionAgreement emercdmtobetweenOWNERand CONTRACTOR pursuant to Article 16 a (it) if no such Dispute Resolution Agreement has been entered into n written notice of intention to appeal from ENGINELRs written decision is delivered by OWNER or CONTRACTOR to the other and to I:N(,INEIR within that) days after the dale of such decision and a formal proceedirp, its instituted by the appealing party in a forum of competent jmrsda.tion to exercise such rights or remakes as the appealing party may have with respect in such claim dispute or other matter In accordance with appla.able Laws and Regulations within snot} days of the date of such bKDC bbNh?A CONDMCv,0519104(1990a61wn 2= w C1 [Y OF PORT C )LLi NS MODn'ICAr7DN% uLLV WOW) detcnsion. unless otherwise agreed in writing by OWNER and CONTRACTOR ) 12 When knaticnutg ns imajireter and judge under paragraphs 910 and ) I I ENGINEER will not show ality to OWNFR or ( ONTRACI OR and will not be liable in normection with am, interpretation or decision rendered in bad truth in such capacity The rendering of a decision by ENGINM ptusuam to paragraphs 9 Ill or 911 with respect to any such carte chsuute or other matter (except airy which have benta wved y the making or acceptance of Enal payment as provided in pamgmph 1415) will he a condition precedent to any eseretse by OWNER or CONTRACTOR of such rights or remedies as ardor may otherwise have under the ( ontmct Documents or by I am or Regulations in rcsxci of any aa suchcun dispute other matter-ANslr16 913 Lam ratims an ENGINEER s 4uthenry and RerponsthAttes 9 11 1 Neither FNC tNFPRs authority or nsponsnbility undo thus Article 9 or under any other provision of the ( ontmct Documents nor any decision made by hN( INhFR in good faith ether to exercise or no eeermsc such authority or responsibility a the undertaking, exercse or performance of any authonty or responsibility by FNGrNFFR shall create, hmpoa or give nu to any duty owed by ENGINEER to ( ON IRAC I OR any Suhcortmctor any bupplier any other person or organnmtiom or many surety for or employee or agent of any of than 9132 hNWNFFR will net supervise direct, control or hen• authority over or he rusponsihlc for CONTRACTORS ratans, methods, techniques sequ noes or proc"luri s of construction or ihd, safety precautions and programs incident thereto or for up+ tulure of CONTRACTOR to comply with Laws and Regulations applicabh. to the fumislurg or performance of the Work ENGINEER will rut be responsible for CONTRACTORs fmlure to perform or fumhsh the Work in accordance with the Contract Documents 9 133 ENGINEER will not be responsible la the acts or omissions of CONTRACTOR or of sew Subcontractor a+ySupplier or of any other person a ogam,rsttun pew.ung or fum shag anv of the Work 13 4 bN(1INFbRs review of th o tidal Apphwtnon for Payment and accompanying ilmumettation and all maintenance and operating instructions schedules. guarantees, Bonds and certificates of inspection tests and approvals and otter documentation required to be delivered by pamgmph 14 12 will only be to determme &=rally that their content complies with the requirements of and in the ce of oertifiwtes of hnspectiom tests and approvals that the results certified udii.ate compliance with the Contract Documents 9 13 5 The limitations upon authority and responsibility set forth in this paragraph 913 shall also apply to FN(iNCERs Consultants Resident Project Representative and assistants ARTIGI F to-( HANGIS IN TRF W ORk 10 1 Without urvalidating the Agreement and without notice to anv surety OWNER may at any tune or from time to time order additions deletions a revisions in the Work Such addrbons, deletions or revisions will be authorized by a Written Amendment. a Change Order or a Work ( hange Directive Upon receipt of any such document, CONTRACTOR shall Pow ppttly proceed with the Work mvolsed which will be pafomned under the applicable condnions of the ( ontract Documents (except as otherwise specifically provided) 102 If OWNER and CONTRACTOR are urabls to agree as to the extent, if any of an adjustment in the ( ontract Price or an adjustment of the ( ontract Inca that should be allowed as a result of a Work ( tangs Directive, a claim ma) be made therefor m provided in Article 1 I or Article 12 10 3 CONTRACTOR shall not b, emtl,d to an ua.nns, in the Contract Price a an extension of the Contract Tames with respect to arty Work perfrxm,d that is not r�,yyuved by the ( ontract Documents as amended modified and supplemented as provided in paragraphs 3 S and 3 6 except in the case of in emergenev as provnd,d in paragraph 6 23 or in the cam of uncovering Work as provided in paragraph 13 9 104 OWNER and (ON FRACTOR shall xccute appropriate Change Orders recommended by ENGINEER for Written Amendments) coverml, l0 4 I changes in the Work which are (i) ordered by OW LATER pursuant to paragraph 10 1 (u) required because of acceptance of defective Work under paragraph 13 13 or corrL ting defective Work under paragraph 13 14 or (m) agreed to by the ponies 1042 changes in the Contract Prove or Comma Times which are agreed to by the parties and 1043 changes in the Contract Price or ( ontract Times which Lmbod% the substance of any written decision rendered by bNOLNEE2 Pursuant to pararaph 9 11 provided that in lieu of execu mf, any such Change Order an appeal may be taken from any such de,vocn in ILLardimLe with the provisionsof the Contract Documents and applicable Laws and Regulations, but dumb any such appppeeaal (ONIRACIOR shall Larry on the Work and arffc to the pro6ress schedule as pumided in paragraph 6'9 105 If notice of any change alketnty the general scope of the Work or the prmrms ens of the Contract Documents UODC OLNEAU. C iWIV0NS I9104 (19" Ldt a) w❑rYOFt0kTCY1.LINSMODIFI(,ATIONS(t Wt'M)) (mcludig. but not limited to Contract Prl,e o Contract Times) a required by the provisions of any Bond to be given to a surettyy the bwN of airy such nolmx will be CONTRACTORs responsibility and the mmount of each applicable Bond will be situated accordingly AR rICLF 11-4 HAN( F OF CON IUM T PRI( E 11 1 1 he ( omtmet Price consumtes the total compaaaton(subj,a in authona.d adjustments) payable to CONTRACTOR for performing+ the Work All duties, responsibilities and obligations assigned to or undertaken by ( ONT RAM OR shell (x at ( ONTRA( FOR s expense without change in the ( ontract Price 11 ^_ the ( ontract Price may only be changed by a Chang, Order or by a Written Amendm,nt 1ny claim for an adjustment in the Contract Price shall be based on wrm,n notic, d,liv,red by the parry making lha. Claim to the other party and to ENGINEER promptly (but in rim event later than thirty days) after the soot of the occurrence or a era giving rise to the claim and stating th, general nature of the claim Noticeof the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless FNGMFR allows additional time for claimant to submit additional or more accurate data in support of the clam) and shall be accompanied by claimants written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment inthe (ontract Price shall be determined by ENGINLE,R in accordance with pma6mph9ll if OWNER and CONT RACI OR csruxt otherwise agree on the aniuunt involved No Llano for an adjustment in the Contract Price will be valid if not submitted in accordance with this parigraph 112 113 The value of inv Work Covered by a Change Order or of art) claim for an adjustment in the Contract Price will be determined as follows 113 1 where the Work mvohed is covered by unit prices contained in the (ontract Documents, by application of such unit prices to the quartibes of the items involved (subject to the provisions of '3 paragraphs 119 1 through 119 3 indwove) 11 32 where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not neeessanly in accordance with parngmph I 1 6 2) 113 3 where the Work involved is not covered by unit prices coraauzd in the Comrac1 Documents and agreement to a lump sum is not reached under paragraph 11 3 2 or, the basis of the ( ost of the Work (delemmsed as provided in paragraphs 114 and I 1 5) plus a CON7 RACTOR% fee for overhead and profit (determined as provided in paragraph I 1 6) ( ost ofthe (York 114 1 he tens C ost of the Work means the stun of all costs necessarily incurred amp paid by CONTRACTOR in the props performance of the Work Except as otherwise may be agreed to in writing by OWNER such costs shall be in amounts no higher than those prevailing, in the locality of the Proyect, shall include only the tollowmg items and shall not include any of the costs itemized in Paragraph I 1 s It 4 1 Payroll costs for employees in the direct employ of CONTRA( TOR in the performance of the Work under schedides of doh classifications agreed upon by OWNER and ( ONTRACrOR Such anployecs shall include without limitation superintendents, foremen and other personnel employed full tim at the sac Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of thew tune spent era the Work Payroll costs shall include buo or be In red to, salaries and wages plus the cent of fringe benefits which shall include social security contributions, unemployment, excise and payroll takes, workers compeastion health andmomment benefits; bonuses applicable thereto The expenses of performing 4Aork alter regular working, hours, on Saturday Sunday or legal holiday % shall be included in the above to the extent authonmd by OWNER 114 2 Cori of all materials and equipment furnished and incorporated in the Work including costs of transportation and storage thereof and Suppliers Geld services feyuired in connection therewith All cash discounts shall accrue to (ONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts stall accrue to OWNER All trade discounts rebates and refunds and returns from sale of surplus materials and equipment shag accrue to OWNER, aid (.ONI RAC OR shall make pruvisiuu so that they may be obtained 11 4 3 Payments made by CON rRAC -TOR to the Subcontractors fur Work performed or funushed by Suhcontimacm If required by OWNFR _4 tncoc ottuea.0 COWITIOM 19104(1990tda ins w/C] rY OF FORr LVUM MODIFICA110M (REV mica) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bub to OWNER who will then determine with the advice of EIMNEER. which bads, if any will be accepted If env subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTORS Cost of the Work and fee as provided in paragraphs 114 11 5 116 and 11 7 All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable 1144 Costs of special consultants (including but not limited to engineers, architects, testing laboratories surve)ors, attorneys and accountants) employed for services specifically relat d in the Work 1145 Supplemental costs imludnng the folluwiny If 4 5 1 the proportion of nwcssary transponanom travel and whsistence expenses of CON IRA( rOR s employees incurred in discharge of dunes connected w ith the Work 11451 Cost including transportation and mamtersrce of all matertaK supplies equipmentd, machinery appliances, office and temporary facilities at the sire and hand =Is not owrsed by the worker, which arc consumed in the performance of the Work, and cast less market value of such items used but nor consumed which rimam the property of CONTRACTOR 114 s 3 Retrials of all construction equipment and machuery and the parts thereof whether rented Iron CONTRACTOR or others in accordance with r mal agreements approvd by OWNER with the advice of ENGINEER. and the costs of transportation loadinb unloedint, installation, dismantling and removal thereof —all in accordant, with h.rns of said rental agreements The rental of any such equipment machinery or parts shall cease when the use thereof is no longer necessary toe the Work 11454 Sales, consumer use or similar taxes related w the Work and tot which CONTRACTOR is liable unposed by Laws and Regulations, 114 5 � Deposits lost for causes other than negligence of CONTRACTOR arty Subcontractor or anyone directly or mdueclly, employed by any of them or for whose acts any of them may be liable and royalty payments and fees for permits and licenses 11456 Losses and damages (and related expenses) caused by damage to the Work not compensated by insurance or otherwise sustained hs ( ONTRACTOR in connection with the