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492167 TETRA TECH CONSTRUCTION SERVICES INC - CONTRACT - BID - 7263 DOWNTOWN CONDUIT BACKBONE AND LATERALS
1 1 1 1 1 1 1 City of Fort Collins Purchasing - Financial Services Purchasing Division 215 N. Mason St. 2ntl Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS •; DOWNTOWN CONDUIT BACKBONE AND LATERALS BID NO. 7263 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS -7- U.S. DEPT. OF LABOR, DAMS BACON MINIMUM WAGES, COLORADO DATE 07-29-11 GENERAL DECISION NUMBERS CO20100014 AND CO20100015, HIGHWAY CONSTRUCTION ' General Decision No. CO20100015 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Fringe Benefits Last Hourly Mod Rate Laborers: 4000 Asphalt Laborer/Raker 12.40 2.92 4001 Common 12.44 3.53 4002 Concrete Laborer/Mason Tender 12.44 3.10 4003 Striping -Paint Laborer (Pre -form layout and removal 12.90 3.07 of pavement markings) 4004 Traffic Director/Flagger 9.42 3.21 4005 Traffic/Sign Laborer (Sets up barricades and cones, 12.39 3.20 and installs permanent signs) 4007 Guardrail (Excludes bridgerail) 12.78 3.31 4008 Formwork (Curbs and gutters only) 12.92 4.54 4009 Landscape Laborer (Including irrigation work) 12.21 3.16 Painters: 4100 Spray 17.54 3.52 POWER EQUIPMENT OPERATORS: 4200 Asphalt Plant 17.23 1.20 4201 Asphalt Screed 16.21 3.76 4202 Backhoe 16.42 4.42 4203 Compactor (Dirt and soil only) 16.52 3.13 4204 Grader/Blade 16.39 4.20 4205 Mechanic and or Welder (Includes heavy duty and 16.74 4.20 combination mechanic welder) 4206 Post Driver/Punch Machine 16.07 4.41 4207 Rotomill Operator 16.28 4.41 4209 Scraper 17.62 3.16 Addendum 2 - 7263 Downtown Conduit Backbone and Laterals Page T of 1 t , DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303) 232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) A nr) AIr1T WPITF IN TNIC CPCCF The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION; Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, Slate, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: Fax Number: ( ) Business telephone number: Colorado withholding tax account number. Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: UU NU I WKI I t BELUW I HI j LINt I I t 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. t LJ SECTION 00700 GENERAL CONDITIONS I I I I I I I 11 I I I I I I I I GENERAL CONDITIONS 101 am I N CON . STRUMONAtONTkAtt These'GENERAL CONDITIONS• have been devdlopgq by,usin, the .6 STAND W.rwFSUU., c6miTioN3 or .IMCONSTIZIJCTION .CONTRACT prcparo,by the EA&ocrS Joinf.C6ntract'Doeumen&- Committee; RJCDC - No. 191 (1990 Fdition); as:a basc, Changes to, that document are slimmlhy undulinin&te-d that has been added and. striking dimugh.tod,duit has been- detetcd, EJCDC Gl-,,W,.- RAT, CONDITIONS 191 M (1990.E D ITION) - WITH.CITI OF F'01(r'COLLINS-MODIFICATIONS (REV 91997 Article or Paragraph; Num6er-&, Title bEFIINMONS TABLE OF CONTEWS.Or GEDM-RAL CONDITIONS Page' Article or Par.agraph Kumbcr� Num her ItTitle 1.1 Addenda .............................................:I 1.2 Agrccmcnt..........................................1 1.3 Application for Payment.......................1 1.4 Asbcst6s . ............... ............................. 1 1.5 Bid ...... .. ................... L6 Bidding Documents ............................ 1!7 Biddfir�g Requi ' rements ...... 7.17 ............ 1.8, Bonds ............... ............ J 0 Change Oidcr. ......... _ ........ ....... ........ I. i.lo Contract Documents ui Contract Price., I.12 Contract Times ... .............. 1:13 CONTRACTOR .................. I ............... :1 1.14 defeaive ...................... d ...... 4 ...... I ... Y 1.113 t..!. Drawings..... ....... ......... ........ IJ6 Effective Datcof the Agreement .......... J' 1.17 ENGI[NEER .......................................I I. 1.18 ENGINEERs Consultan.1 ...................... 1 09 Field Order .............. ............ 1 1.26. General Requiremints ;.... Z ... ..I; ... I.; 1.21 Hazardous Waste,,,,...... I ......................2 ii22.a Laws and Regulations; laws Or �ul ........................ Regations ............. 2 I m22.b Legal flofidays-, ......... ............... --r-Z I.i3 Liens ................................................ 2 ............................................ 1.25 Notice ofAward I _2*6 Notice to Proceed ................................. 2 1.27 OWNER ............................................I .. 1-58 Partiiil i Utilizator! . . ................................ 2: 1.29 .t .......... ......... .................. PCBs -, I r, 136 Petrolcurn,:_7; ---------- i-.1-1-171 ......... T..1-1-2 131 Project ....................... ........................ 2! 1. 32. a Raclioactive . Nfiteriat .................... 1.32.b Regular Working. Hours 1.33 Resident Project 1.34 samples ...............................................2 2 1.35 Shop Drawings...-- ......................... . ... 1 1.36 Specifications ........ ttt ....... t: .... ....... 7 .... :I 137 Subcontractor ...................................... 2: 138 Substantial Completion .. ........................ I 1.39 Supplementary Conditions ..................2, 1.40 Supplier .!_:_ 2 1 Al Underground 2-3 1.42 Unit Price Work ......... ..................... E..T 1.43 Woik .................................................. 1.44 Work Change Directuic .. ........ .... ...... 1.45 Wri , tten Am endrn mt ., t--m: -I il ".!, Page Number 2. PRELIMINARY MATTERS 3 1 4.1 ................. 7 ...... I ....... Deliviry of Bonds. ................ .......... :3 2.2 Copies of DoLumenuk ....................... 3* 2.3 Cornmencenment,ofContract Times; Notice to Rocecd ............... 3 2.4 Starting the Work ................... _ ...... �3' 2.5-2.7 Before Starting Constriction; CONTRACTORS1 Responsibility to Report; Preliminary SLhedilles; Delivery of Ccrtifkates of Insurance 34 2.8 Precorustruction Conference. ........ ;.-4 2.9 Initially Acceptabla:Schechdas,., ....... 4 3. CONTRACT DOCUMENTS: INTENT. AMENDING, REUSE .................... _ ................... 4 3.1-3.2 Intent ................ 4: 3.3 Reference'to Standards end Spi6i-' lications of Technical Societies: Reporting and Resolving Dis- crepancizs:..........;.......::.:.I........ 4-5 34 Intent of Certain Terms or. Aqjectivcs ..................................... 5 3.5 Amqnding Contract Docurnonts ......... 5 3.6 Supplemcn&ns C6itract Documents, ................................... 5 17 Reuse of Documirits .........................5 4.AVAILABILITY OF. LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ......................................... 6 4.1 Availability of 5-6 4,2 Subsurface and Physical Conditions .......................... _....6 4.11, Reports and Drawings...............J, 4.2.2 Liffifted Reliance by CONTRAC- JfOR Authorized; Technical Data............................................. 6 42.3 Notice of Differing Subsurface or Physical Conditions .................. 5 4;2.4 ENORNFERN Review ....................... 0 44.3 Possible Contract Documents - Change.........................................6. 4.2.6 Possible Price and Times Adjustments ..... .. . ........ - C-7 4.3 Physical Conditions --Underground Facilities......................................1. 7 43.1 Shown of Indicated... .. ..................... 7 4.3.2 Not Shown or 4A Reference Points ............................... 7 EJCDr GLNERAL CONDITIONS 1910 -8 (19.90 M1110ti) we CITY OF FORT MlJJNSMODMCA110N5 (REV 91") I I I I I I I U I I I 11 Arn"CIC or Paragraph Number &'ritic Page Article or Paragraph Number Ntimber &-ritic 45 Atbestoi, PCBs, Petroleum; Hazardous Wasteor Radioiktive Maier ial ............... ?-8' 5. BONDS AND IOSU.RANCP ................. ............... 8, Performance; Payment , andOther ,BmL ............................................... 53 - Licensed Sureties find Ininirers; Certificates of Insurance .,._ 5.4 -CONTRACTdRs Liability Insurance ..........................................9, 5.5 OWNER's Liability insurance,.--.._..-,-_ 9 34 'Property Insurance__ . ............... __P-10 5.7 Boiler and Machinery or Addi- ticnal Property Idsurance ............... J0 5.8 Notice of Cancellation l5rmision 10 579 CONTRACTOks Responsibility for Deductible Amounts,,,,,,,,,,,,,,, ,10 .5..IQ Other 'Spcciiiai Insurame, ........... ....... 110 5,11. Waiver of Rights� ....... I ..................... :.I I' 5-12-5.13 Receipt and Application of insurance Proceeds 10-11 -5,14 Acceptance ofBands; and Inan. ante; Option to 5.15 Partial Utilization -Property Insurance............ I ........................... 1 6. CONTRAcroxs RFSPONS17131LITIES 11 6.142 Supervision and Superintendence ........ 11 6.3-65 Labor; Materials and Equipment.... 11-12 6:6 Progress Schedule.. , ............. :. ............. 1 2 6.7 SubstituLes and 'a-EquiiI' Items;, CONTRACTIORs Expense; Substitute Construction Methods or Procedures: FUd&EER's.Evaluation ....... .... 12-.13 6:8-6.11 Concerning Subcontractors Suppliers and Others: Waiver.of RjghL........................ j 3-14 12 Patent Fees and Royalties,,,-.---,.., „- , 14 6- 13: permits 6.14 LsWs and 14' 6.15 Taxes 14-15 6:16 Use ol"Preffliscs 617 Site Cleanliness...,-- ................. 15 6.18 Safe Structural Londing ...................... 15 6.19 Record Documents j 5 '6.20 Safety and Protection . .... ..... 15-46 621 Sarety _.:j 6 0_- Hazard Communievitinn Programs ...... 16 6.23 Emergencies ................... ................ 16, 6.24 Shop Drawings and Samples.............:16 NBC Number 6.25 Subrnitt:ilProceedures; CON- TRACTOR'S Review Prior ro"sbop Drawing or Sample .Submittal 16 6_26, Shop Dra , vviii�&.Sainple.Qimit- tqls Review by ENGINEM ..... 16-17 627 ,Responsibility for Variations From Contract Docurfierits:,;__ _, 1,7 6.18 Related Work Performed Prior to FNGINEER's Rcvic**afid Approval of Required Submittals..,,,_, ...... ....................... 17 6.29 ronlinuing the Work,____,, r,_17 6.30 CONTIiACTOR!s General Warranty and Guartintee, ..... I ....... 17 6.31-6.33; Indemnification ........................ U-1.8 6.34 Survival of Obligations., ....... ... ;; ... J8 0THERWORK.-....._..................... ..... ........... 1-8 7.1-7.3 Related W6rL at Site_ .... I ......... ...... I'S 7-4 cmrd - Matioli 13 8. OWNER'S RHSPONSI13ILITTE3 .......... ;..; ........... JS g.l. Communications,to CON TRACTOR.__.....:............... I'& 9.2 Rcplaccment-of ENGINEER ........... 18 9.3 Furnish Data andPay Promptly WhenDue ..................................IS 8.4 Lands and Hasemerim, Reports: arid'Tcsts ................... .. .......... 18-19 '8.'5 Insurance....................................... '8.6. Change Orders, .... 87 Inspections, Tests and Approvals ................ ; ........... 19 Stop or Suspend Walk; Terminate CONf RACTORs Services: --- ........ ..... 19 -3.9 Limitations on-dwNEICS Responsibilities . ........................... 19 9.1o, Asbestos, PCBs, Petroleum,. Hazardous Waste or Radioactive V,ateriiI ................ ... J9 8A I Evidence of Finanal. Arrangements .......... __ ---- :19 ENGINEER'S STATUS DURING CONSTRUCTION., ...................... .................... 19 9.1 OWNERs Representative,,,,,,,,,,,,, 19 9.2 Visits to Site ... .................. 19 9.3 Project Representative,,,,,,,,,,,,,,, 19-21 9.4 Int prc-- ClarificHLions and c3' ......... ........................... 9,5 Authorized Variations in Wrk___21 rsx:i)c omSrEIiALcwzutb?43 i9ios.ji990 EoryioM wt C.ITY 6F:FORT cOLLINS MODIFICATIONS (REV 9M) I Article or Paragraph Page Article or -Paragraph Number &Title Number Number &TitIc 9.6 Rejectingbefeenk'a Work__" 4.7A9 Shop Drawings, Change Orders and d Payments .................................... 21 9.10 Determinations for Unit.Pricc4,,..,,_ 21;22 0.11-9.12 Decisions on Disputes; E1,101- NEER as: Initial lntcrprctcr............... 22 9.13 Lirnitations on ENGINEERs Authority and Responsibilities,,,, .22-.23 CHANGFS INTHE,WORK ....................................... . 23 OWNER's Ordered Change ................ r3 1.4. IU.2 Claim for Adjustment,...,.:. - � -------- 123 10.3 Work Not Required by Contract Documents:...........I........................ 23 10.4 Change Orders.... ........... b ...... ....... -13 10.5 Notification of Sur cry ............... ...... 23 C"NGE OF CONTRACT PRICE ............... . ............ 23 11. 1-11. 3 Contract price: Claim for. Adjustment ' -, Value of the Work,,.---.,_ 23-24 11.4 Cost of the Work .......................... .44-25 11.5 Exclusions to Cost of the W.ork ............ -35 11.6 CONTRAcTo.ws Fee- .......... 11.1 Cost Records , .................... ........ _25-26 11.8 Cash Allowances ...............................26 I Is unit Price Work ................I............. _26 CHANGE OF CONTRACT TIMES ............................ '* 61 12L 1 Claim, for Adjustment ......... a ............... 26 12.2 Time ofthe Essmc�z ........................... )6 12.3 Delays Beyond CONTRACTOR. s Control ' ' " .1 ....... .... �i.:':.26-27, Q-4 Delays Beyond OWNER's and CONTRACTOR's Control ................ '7 TESTS AND INSPE=ONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ..............................::..................'.7 13.1 Notice of Dole cm .... ; ........................... 13.2 Access to the Work....--::.._:.:-:.---------- 13.3 Tests and Inspections;. CONTRA401ts Cooperation ......... 27 13.4 OWNER'S Responsibilities; Independent Testing Laboratory_,.,., 27 13-5 CONTRACTORS jtesponsibilities� ................ ; ............. :,Z 7 13,6-13.7 Covering Work Prior to Inspec- lion, Testing or Approval._-,__,_,.... _27 13.8,139 Uncovering Work at LNGI- , Page Nurn her NErks Request...... I ............... 27-28 0.16 OWNER May Stop the Work ............ 28. 13:11 Correction or Removal of Dafiyciivo Work ........................... 7& 13.12 Correctl9mPariod, .......................... is 13.13 Acceptance of Dqfecfiv.� Wark., ....... 28 1314 OWNER May Correct Defective - Work ............. .... 28.2,9 PAYmEwrs'ro cowmuroli AND _ -.. COMPLETION.,,,,..;:..- .-------- z .......... . 29, 14-1 Schedule of Values--_,. ........... It'11-29, 14.2 Application for Progress, . Ppyrn ent ... ......... ` ....... 29 14.3 Warranty coNTRAC'TOR's arranty of Title ....... I ..... I ................. ;.: ......... 29 1414-14.7 Review' of Applicaticins-f& Progress Payments ....... .......... 219.30 14.8z 14.9 Substantial Completion:,,,,.:,,,.- 30 14.10 Partial Utilizatioix --- ------_-- 7_'30-31 14-11 Final Inspection ......... .................... 11 14.11 Final Applicauarf for PaymTt; ....... 31 14.13-14.14 Finn I Payment and Acceptance_ .... �31 14,15 * Waiver of Claims�' .... __ ....... z_.31.32 15: SUSPENSION 017WORK AND TFRMTNATION ................................................ 32 ' 15J OWNER'MaySuspendWork .......... 32 15.2-15A owNFR: May Terminate ................. 32 15.5 CONTPACTOR.1viayStop Work or Terminate .... ......... 32_33 I& DISPUTE RESOLUTION ----- 33 17. MISCELLANEOUS ................:...___.........._....33 17.1 Giving Notice_ I ............. 33 17.2 Computation of Times....................33 17.3 Notice of Claim ............................. :33 17.4 Cumulative Remedies ...... ;_ .......... ;.,13 r's Professional Fees and'Court. Costs Includid, ...:........................33 17.6 Applicable State Laws ................ 33-34 Intentionally left blank ...................... ......... ...... 35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement .................... GC -AI 16JA6.6 Arbitration 16:7 Mediation ........ ...... PC -Al Hxw GLNEitAL coNDmoNs 191 o .9 u 990 Et)j noN) wiOTY OF FORT C0JJ".,%10DMCAT!aM; WV 9199) 11 I I C I 11 I I 1 I INDEX TO.GL NERAL CONDITIONS City of Fort Collins miidikations toahe General Conditions of the Construction Contract are not shown in this indek . Article or Paragraph• Num ber Acceptance of - Bonds andInsurancC................ ........................ 5.14 defective Work ..... ......... .............. tOA L 13.5. 13.13 final payment ........... .................. ....... I—_ .11, 14.15 insurance ........................ ............................. 5:14 other Work, by CONTRACTOR.,-,. 73 Substitutes. and "Or -Equal Items,., .._. :7.1 Work by OWNER...,................. -... 0, 12.5, 6.30, 634 Access to the -- Lands. OWNER andMNTRACTOR responsibrbties , _„ Ill_. .1 site, related Work___., . ......... ,-_.......... _ .:7.2 Work...........................................13.2,' 1314, 14.9 Acts or Omissions--, Acts and Omissions= CONTRACTOR:- .......: 6 9;1, 9.13:3 ENGINEER ...... ._.... „ 6.2(t,9.13.3 OWNER.... ................................................0:20. 8.9' Addenda-deftnition of (also see definition of -Specifications) ....... (Ifil 1.1U,6:19), I:1. Additional Property Insuranceg ......... 4 .......,,,. 5,7 .Adjustments" Contract Price or C_ ontract limes.., 1;5; 3;5. 41', 4:3:2. 4.5:2, ................... 3.5:3; 9.4; 9.5; 10-2-10,4, ...... :..:....:....................... ...11,1?,14.8, 15A progress schedule............, ..................... :...... ....... .6 Agreemcnt-- definition of..............:.......:................:....:.........i-2 'All -Risk" Insurance, policy form,,,,,,,; 5A2 Allowances, Cash....................................................11.8 Amending, Contract Documenty „:'3.5 Amendment. Written--. in general,;,,,,,,,,,,,,,;1.111 .1,45; 3.5, 5;10, 5,12, 6:6.2 ............... :........ G.8.2; 6.19, 10.1, 10.4, 11 2 .......:.:.::.:."""•`:"`:,:.:,. 12.1; 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent.to.._...................... 10, 9.11; 10A.16,2, 16:5 Application for Payment— -definition of ..:............. ................ ...... Responsibility .......... .................... 9.9 final payment,,..,.,,,, 9.114; 9.13 5D 4.12-14 15 in general ..........................2:8; 2.9, 5:6.4, 9.10, 15:5 progress payment. .:..:............. :..::-:,14.1-14:7 review of,, .......... ....... .... ....... Arbitration ................; .J6-1.16.6 Asbestos - claims pursuant thereto.....:......:..9,5:?,.4.5.3 CONTRACTOR authurizedto stop Work -- - 4,5.2' definition o(..........................I.............. ..I.4 Artid,e or Paragraph Number OWNER responsibility for ............ .. ...._........ 4.5.1. 8.10. possible pricc.and times change ..................... :_, 4:5.2 Authorize) Variations in Work-,,,,.... 3.6, 6,25, 6,27, 9;5 Availability of Lands.:..., 4,1.8.4 Award, Notice of -defined , , .............. 1 .25 Bc(orc'Starting Constructioq ..............................z.5-2:8 Bid -definition o(.................... '5 1.1, 1,10.2-3,3,3,. .......... :4.2.6.4, 6,13. 11.4.3i 11.9.1) Bidding Documents de(mttion of 1:6 (6;8.3) Bidding Requirements -definition of ....:.....................1.7 (Ill, 4:2.6.2) Bonds acceptance o(........... ......... ..........:.. 5,14 additional bonds .......... ........................ 10:5. 11'4,5.9 Cost oC the Work .................... ................11.5.4 defimition of ........, 1:8 dclivery of - ............. ...... ;;-;.7 1. 5A final Application for Pa)incnt........ -----__1a.12-14:14 general ................. 1.16,' 5.1-5.3, 5.13; 9.13; 10.5. 14:7:6 Per Cormance, ,5:1-5:2 Bonds and insurance --in general .:..............................: 5 Builder's risk"all-risk" policy form ........... :............. 5.6.2 Cancellation Provision.,, Insurance. ,;,. AJ 1, 5:8, 5:15 Gash'Allowances...................................................11.8 CertificatepfSubstantial Cornpletion,,,,-,,;1,38, 6.30.2.3: ... .... .............................. ....., ...... 141g, 14.10 Certificates oGtnspection 9.13.4, 13;5; 14.12 Certi ficates of Insurance _,... ......... 2,7,'5.3; 5 411. 5.4, I A ........... 5.6.3; 5.8, 5,14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances ....... ........ 11.8 claim for price adjustment .,,,,,,,,,-4:,1, 4.2:6, 4.5, 5.15, 6.8.2, 9:4 ................9:%9,11, 10.2, 10,51.11.2; 139; ...............13',13: 13:14; 14.7. 15.1. 15.5 CONTRACTOR's fee.........................................11:6 Cost of the Work .. _ . general ..............................................: 11.4-11.7 Exclusions to .....::...::::.::.....:.:.:.:.....:.:..:::..:.:I 1.5 Cost Records ::........................:. 11.7 in general ..... :....... 1,19 1.44,9.11, I(1.4.2; lt1.4.3, 11 Lump Sum Pricitg..........................................11.3:2 Notificationlaf Surety:,._.,.,-.,.,_,, ,,-,, ... ,10.5 Scope of. ,.... -•-,- ..I0:3-1o:4 . Testing and inspection: Uncovering the Work:.............................:...13:9 rXTC GENER.tt- COMITIONS 1910-3 i v90 EDMOM of CITY OF FORT COUdA'3 MODIFICATIONS (REV 9r991 I I Init Price Work ......................_..................,I1-9 .Article or Paragraph Numlw ValueofWork ........... ............ .............. pJ Change in Contract Times - Claim for times adjustmcnt_..._„A. 1, 4.2.6. 4.5, 5.15, ......... 6.8;2; 9A. 9.5. 9.11. 10.2. 10-5., 12.1. ... I ........... 13.9, 13.13. 1314, 147. 15.1, 15.5 Contractuil time ....... ...... 12.2 Delay -,.beyond CONTRACTOMs control 2.3 Delays. beyond OWNE�sa'nd CONTPAcToEvs control...,-, ------_---- -.1.1.2.4 Notification of surety I T - I I I- I I I I ' I I 10.5 Scope 0 hange ........................................103.10.4 Change Orders - Acceptance of Defective Work_ ........ ....... .... _13.13 Amending Contract Docurn en4 ............... ,j-s Cash Allowanccs, ........................................ __11-8 Change of Contract Price.__............::............:....I . Change of Contract Changes in the Work, ....... CONTRACTOR's fee ... ................ ................... IT.6 Cost of the Work ......................................a 1 1'.4-1 V.7 Cost ............. definition 6( emerg enc ics ........................ I ........ ......... ENGMER's responsibility ... __9.8. I0!4I..11.2, 12.1 execution 6C ..................................................... 10:4, lndemhirlcfi oil ........................ 0.11 6 16. 6.31=633 Insurancz, Bonds arfd ....................... 5-10; 5.13, 10;5 OWNER may,terrnmatt; ............................. 15.2-15.4 O"VN*ER!s Responsibility .................... ...... ;8.6, 10.4 Physical Conditions, - Subsurface and, ; .................. ; ................. ;..4z Underground Facilities-. ............................. 43.2' Record Documents 19, Scope of Chms"e_ .......... 10.3-10.4 substitutes ......................................... 6.8:2 Unit Price Work it ......... '......................... )1.9 value of Work, coverwW****.. ............................ 711.3 Changes in the Work ............... : ........... . ............... :: ... 10 Notification of surety : ........................................ 105 OWNERs and CONTRACTOR!s respcnsibilj6c!k ................. _ ................... 10.4 Right to anadjustment.,, ................. : . .......... 7..!. 10.2 Scope of change ................ .................. 103-10.4 Claims -- against CONTRACTOR......_ ....... ................ ... 6.16 against ENGINEER .__, ....... : --- ;_;-z ............. 6. n against OWKi ER_.............................................432 Changc of Contract Price ...........................9.4, 11.21 Change of Contract Times- .......................... 9.4,12.1 CONTRACTOR's ............ 4. 7.1. 9.4. 9.5.,9.11. 10.2. ........................... I I,Z 11,9, 12:1, 13.9, 14,8;. ............................................ 15:1. 15.5,17.3 CONTRACTOR's Fee ............................... ........ 11.6 Article or Paragraph Number CONTRACTOWs liability ........... 5.4, 63 11 6 ' 16,631 Cost or the Work ....... 11.4,11,5 Decisions.on Disputes ............................... u 1,9.12 Dispute RcsoluLich; ........................ . ......... ...... j6.1 Dispute Resolution Agreement: ................... 16A46.6 ENGINEER as initial interprctoK.,__. 9.11 Lump Sum Pricing ............ ........ 1. 3-2 Noticeof ............................................... I .......... 17,3' OWNER's .................... 9.4, 9.5; 9.11, 10.2' 11.2 11.9 12.1. 13.9.1111-111i: 17:3 ...... 2 .............. . 5:5 OWNERmayrefuse tomake payment .................14.7 Professional Fees and Court Costs Included ... :,_: .......... ...... �: ------------ ..... 17,5 rcquest for formal decision cio ; .... ;.. I ....... 4.14;..9.. 11 Sukitij_te Items ............................................. 6.711.2 Tinne:Extensiort ..... . ............... * ...................... ... 12.1, Time requirements,, ....................... ........... 9.1-1.-12-1 Unit Price Work._ :7- -1 -1, ---- 1,913 Valueof .............. ......... I.: ........ I .................. J.1.3 Waiver of -.on* Final Payment ...... .... 14:14:14. 15 Work Change 'Directive ........... _10.2. viritten notice rquiired ................... ,:9.11, 11.2"12.1 Clarifications and interpretations,,,;,,,,,,,, 343,'9A, 9.11 Clean Site ............................. . .......... ............. 6. 17' Codes 6f Techni6al Society, Organization or Association...... ............................................ 3.3.3' Commencement of Contrad Times ........................... 23 Communications - general .................. ;J1.'&9.2. 8:1 flaiard CommiLrucation. Completion - Final Application for Payment ..........................141 Final Inspection 14.11 Final Payment and Acceptancg .......... 14.13-14.14, Partial Utilization ............................................14.10 Substantial Completion ...................... 11-38. 14.8-14.9 Waiver of Claims... .......... ; ................... Computation of Times ....................... __ .17:2,1r17.2.2 Cnnccrning Subcontractors, Suppliers and Others .............................................. j5.3,6.11 Conference s initially acceptable sche.dules,..,.., ....... 7.,; ...... .--,:2.9 preconstruct ion,...................................................2.8 Conflict, Error. Ambiguity. Discrepancy- '6\ c , rrR.AcToR to Report.._..........z. ......... ;.2 5, 3.3.2 Construction. Wore starting by CONTRACTOR � .................................. ...... 2.5-2_7 Construction Machinery, Equipment, etc .................. 6A Continuing the Work... ............................... _.6.29. 10.4 Contract Documents -- Amendi ng................................................ ......... 11.5 Bonds.............................................................. 5.1 Ejw cENEjjAL coNDmoNs i9io-s (igOo Em noto wl OTY OF FORT MTJJN.S MODIFICATTONS (REV 9199) I I I I j I I I I I I I I i 'Cash Allowances Article or paragraph Number -Change of Contract Pricq ....................... ....... .... 11 Change of 12 Changes in the Work ..................... .......... :10.4-10.5 check and verify ...... . ....................... ..... 2,5 Clarifications'And In tcrpretations,,., ...... 12; 3.6, 9-4, 9.11 definifion of ENGINEER as iniGalintcrprctei of, ............... _q. I I ENGINEER as OWNERs reprcscntativc� ............. 0 gencmU ffisurancc.__,_ ...... ........... !T ............. I ......... 53 Intent 3. 1 -3.4 minor variations in the Work ....... ; .............. ... -3.6 6MJERs responsibil ity to furnish Bata,,,,,....., S.3 6WNER's responsibility to maW prompt payment * ......................... 83, 14A. 1413, preceden6e. ........................... ................ ;lA. 33.3 Record'Documents ......... ...... ... ........ ! TT - Reference to Standards end of Technical Societies . ........................... A3 Related Work ... ........ ; ...... ........ 7:2 Reporting and Resolving Disciepancies ...... ;..2.5, 3i3 RettSe of.:._ : 3.7 :Supplementing .................................................. 5fi Termination of ENGINEEXi EmploymenS .......... 82 Unit Nice Work ........... .: ........ : .... ! . ................. J1 .9 variations ...................... .................. 16, 6,23, 6-127 Visits to Site, ENGINEER`s.'.� ........ . ................. . 9,2' Contract Price - adjustment of_ ........ 9.4,30.3, 11.2-1. 13 Change of ..... ............ JI Decision on Disputes;.,; ..................... .......... 9111 definition Contract Times - adjustment of-, ............... 3:5, 4. L;9.4,10.3, 12 Change of..; ..................... ........................ 12.1-12:4 Commencement, of ....................................... ..... 23 definition of:: ... ............... .............. 4 .... : t.J' 12 CONTRACTOR"' Acceptance of fnsuriinc6 i, 14 ccmmunicstions; ...... ...... . - 6A2 , - Continue' Work ................................. ....... 6.29.10.4 coordination and scheduling' ' .. ....... ;,!-: .... fz.__0_9.2 definition of ..................................................... JA3 Limited Reliance on Technical .Data Authorized ................ ........... Al2 May Stop Work or. Tain inatc., ............ 1-5.5 provide site access to others. ... ............ -7-2, 112 Wety:and Protection ............. 4.3.1.2, 616, 6.18, ........... 1: ........................ 6.21-6.23. 7.2' 13.2 Shop Drawing and Sample Revlew Rior to Submittal : ....................................... 0.25 Nii Stop Work requirements..,,._......................._,.4512 CONTRACTOR' �,- Article or. Paragraph Number Compensation- .. .. ....... -l-L2 Continuing 0b] - igation, ........................... 14:15 Defective Work'.,,,,,,,,,,,,, ,,,,�9.it5, 13.1 0-13.14 Duty to correct defective'Wcrk.. ...... ................ j3.11 Duty to Report- Changes -in the Work caused by Emergency .......... .................... .§, 23 Defects yin Work of Others ............................ 1.3 Differing conditions., ...... .. .. ... .... ... 4:13 Discrepancy in Documents,, ...... 2.5, 3.3.2i' 6.141. Underground Facilities not indicated� .......... 4.3.2 Era ergenclies ..... *"'* ....... * ....... **'* ........ . ... ....... 0.23 Equipment and Machinery Rental. Cost ofthe Work.:...:............:...::....:.:.......::..a Fee --Cost Plus.,, ... ...... I ............ General Warrafity and Guarantee ........... ........ _030 Hazard Communication Programs ........ .... 0.22 Indemnification::,,-, ---- 6.16; 6.31-6.33 Inspection or the Work ........................ ...... 7J, 13:4 Labor. Materials and Equiomcnt ................... 034-5 Laws and Regulations,• Compliance N ............ 6.14j, Liability Insurance,.,.; , __ ............... . .......... ,.5.4 Notice of Intent.to.Appeal .........................00. 10.4 obligation to perform and complete theWmk ' _ ............................................... _030 Patent Fccs and Royalties, paid for'by,,,,,,,,,,,,,,,,, 6:12 Performance and Other Bonds- Bonds,,,,,,,,,,,,,,,, ...... .........I 5� ' Permits, obtained and paid for, by .......................6.13 Progress ............... .9 2;8,'2.9, 6.0; 629, 10A, 15,2_1 Request for formal decisionoin disputes:,... ......... 9A I Responsibilities -- Changes in the Work 10.1 Cohccrning, Subcontractors. Suppliers and Others ..... 6' 1.1 ContinuitIng the Work .......................... fi.29. 10.4 CONT,RACTOR.s.c(pensc ; .... ;.. . .... ; : ..... 0.7.1 CONTRACTORS General Warranty and Guarantee,,,,,,,,,,,,,,, ................. --- 6,30 CONTRACTOR's review prior to Shop Drawing or Sample submittal ....... ...... _j6,25 Coordination Emergencies, .............................................. �5. 23 ENGTNEER!s evaluation, Substitutes or "Or -Equal" Items .......... ....... 6.7.3 For Acts and Omissions of Others;.. 149.2, 9- 13 Others;.,,,,,. ............ for deductible am .5 ounlsjnsurancc.................... S.9 general ....................... ................ 7.3, 8.9 llmrdous Communication Program*,,, . ...... Inderanification ........... .................... - ;G,22 6,31-6,33 HJCDC GENEx.i1.CWDITIONS 191".j1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS i.REV 91") 1, -8- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-29-11 C,FNFRAT. DFCTSTON NTFMRFRS CC)?010(1014 ANTI CM(11(Mn15 AT(.PWAV C0NSTRTI(`T10N General Decision No. CO20100015 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Fringe Benefits Last Hourly Mod Rate Truck Drivers: 4400 Dump 14.15 3.83 4401 Low Boy 15.07 4.56 4402 Truck Mechanic 15.97 4.61 4403 Multipurpose Truck -Specialty and Hoisting 14.60 3.49 4404 Pickup (Including pilot car) 14.04 3.49 4405 Water Truck 14.88 2.07 4406 Distributor 15.80 5.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses [29 CFR 5.5(a)(1)(ii)]. END OF GENERAL DECISION NUMBER CO20100015. Addendum 2 — 7263 Downtown Conduit Backbone and laterals Page 8 of 11 I I Labor, Materials and Equipment -rother ....................................... .............. �346. 5• CONTRACTORS ........ 7 Laws and Regulations,__., ..... ................... 6.14 Contractual Liability Insurance Liability Insurance,_ ............. Contractual Time j 2.2, Article or ParagripH Article. or Paragraph Number Nuniber Notice of variation from Contract Documents...,...,,,,....._........................ :k.27 Coordination- CONTRACTOKs responsibility ......................... 0.9.2 Patent Fees and Royalties ............................ §_ 12 Copies of Documents ............................... ............... �2:2' Pennits, Correction Progress Schedule !_..-2.__ .... t .................... j., 6,6 Correction. Removal or Acceptance Record 136cuments ........... ...................... _..6.19 of Defit,.idVe Workl- iclated Work performed Prior to in general ... : ........ ................. :....I(J:4.I. 13.10-13.14 ENGINEERs approval of required Acceptance ofDefective Work...... .... ji 13 submittals..._ ................. r .......... ...... Correctimt or Removal of safe structurat loading .................................6.18 Defective Work .............................. :..6.30, 11.11 Safety and Protection .................... j6.20, 7.21 13.2, Correction Period... ....... ......... _ ................... ;...13.12 Safety kepreseritatiVe .......... ........................ 6."1 t OWNER May �circct Ditfiective Work.. .... ....... j3:i4 Scheduling the Work:, ..... I ......... A ..... ; .......... 6.'9.2 OWNER May S Lop Work ....... : ...... ........ 1110 *Shop Diawings and Samples_,,,,,,,, Shop Drawings and Samples Review ...... 6.24, cost -- ofTests and Lfispections ...... ___ ........................ 13.4: by ENGII'=� , � .......... i ....................... 6-26' Reoords;J 1.7 Site Cleanliness .............. .. 17 Cost of the Work - Submittal Procedures 625 Bonds and insurance, additional ................... 11:4.5.9 ......... ..................... Substitute Construction Wtliuds ... Cash Discount-1 ................................. : ............ 31.4.2 and Procedures., ..... ........ 6.7.2* cONTRA91'OR's Fee ......................... SubstituLm2nV6r-Eqt.wr Items ...... ; ......... O.T1 Empl . oyee Expenses-, ...... I ............ ................ 11.4.5.1 Superiniendencq ........................................... 6s2 Exclusiimstc. .................................................... 11.5 supervision .................. ................... ___ ...... 6.1 General 11.4-11:5 ,Survival of Obligations ................................6.34 Home officeand overhead c.x&nsc* .................... 11.5 Taxes ................ __ ................ ................. 6: 15 Losses and'damages ..................... ............... IIA-5.6 Tests and lo*ctiahs*",**.... ........ ................ 13-5 Materials and equipnicni' * .................. ........ 11-4.2 To ; o Report ................. ....... I ....................... , 2.5 Use of Premik; ... :� ...... ....... 0.16-6.18, 6.30-2.4 Minor expenses.,, ...... .................. Payroll cost; on change,,,..,.. 11.4.5.8 11.4.1 Review Prior to Shop Drawing or performed by 'Sample'Submitial..,., ........... .................. 6.25 Records 1 Ij Right to adjustment for chang6 in the Work ..... 10.2 Rentals of construction equipment right to claim ... 4, 7.1, 9.4, 9.5, 9,11, 10.2,11.2, And machinery- ---- .. ....... -.11-4.53 ........... It 19. 12.L 119, 14.8, 15.1, 15.5, 17.3 Rcy-alty payments permits and Safety and Rotectim ................. j6.20-6.22. 7.2, 13.2 license fcecs, ............................................ 1 IA.5.5 Safety Representative ........................................ 621 Site office and temporary'faciliti4..., ........... 11.4:5:2 Shop Drawings and Samples Submittals .... Special Consultants, ....... 6.24-6.28 11.4-4 :Special Consultant-, CCNII ACITOW ............. Supplemental ..... -------- ................ 11 A.4 4,5, Substitute Construction Methods and Procedures6,7 T . axm r . elated to the Work 11.4:5.4 1 d *Or -Equal" Items. and Tests and Inspection .... I ........ ...................... 3 A Expense, .......... ........... 6.7,1. 6.7,2 Trade Discounts_- ......... .................... j 1.4.2 ................... Subcontractors.. Sy ...... , Suppliers and Otherl.... j6.8 -6.11. Utilities., fuel and sanitary facilifie;j_. ...... _,_,j 1.4�5.7 Supervision and Superintendeno; ......... 6.1. 6.2, 6.21 Work after regular hours ...... : ..................... I ..... 11.4.1. Taxes, Payment b.................. ..........................6.15 Covering Work.,-..... ....................................... J3.6-117 Use of Premises...................................... z.6.16 -6.18 Cumulative Remedies:..._._ _._............ ........... 17.4-ti.5 Warranties and guarantees .... ...... z__6:5, 6J0 Cutting, fitting and patching . ....... 7.2 Warranty 6f,ritle ........143 Data, to be furnished by OWNER ............................. �$:3; Written Notice Required;- Day7'-definition of ............. ................................. 17.2.2 CONTRACTOR stop Work or term Irmte., ..... 15.5 Decisions on Disputcs1.,..,..., .... : ...... _: .......... 9.11.9.12 Reports of Differing Subsurface and Physical Con dition4 ....................... A.2.3 defective -definition of ...... ------------ defectiri, . e Work" ... L14 - Substantial. Completion ................................ 14.8 Acceptance of,,,, ......... , , .., „ „10.4.1. 13.13 tfli HJCDC CENERAL CONDMONS 1910-8 (1900 M1116N) wl OTY OF FORT COLUNSMODIFICAITONS [.REV 9199) I I I I I I I I I I H I I I I I I Correctibri-or Removal of JOA,Tj 13,11 Correction PcHod. ...................... ...... J3.12 in general,, ............... 14.7, 14.11 Article or Paragraph Number ,Observation by ENGINEER , ................... .2 OWNER * May'Slop Work.., .............................. 13.16 Prom In Notice of Defects .................................. ill Rejecting .,_. ... :_ :_ ;___ _ 1, 1.9.6 Uncovering the Work,., ........ :: ........ ------- Definitions .............. .................. Delays ................... I .............. 4:1. 6.-V, I2.3-IZ4 Delivery of Bonds ...... ........ Delivery dcertificates of insurance ....... 23 Determinations for Unit Price;..... I ............ ...... _.9. 10 Differing Subsurface or Physical , Conditions — Notice ENGMERs Review Possible Contract bocuments Changq Possible Price,and Times Adjustments .............. 4.2,0 Discrepancies -Reporting and 3.116.14.2' Dispute Resolution — Agreement,: ..... .............. ;Jfi;1.16,6 Arbitration 6;1-16.5 gericral 16 Mediation............................................. ........... 16.6 Dispute Resolution Agreement .... .....................16.1-16:6, Disputes, 6ecisiqrts by ENGINEER........ � 9.11412 Documents -- Copies of ................................ 2,2' ................ Record6.19' Peusc ....... Drawings:=deftnition of ....... ....... Easements ................ ; .......... .............. 4,1 Effective date of Agreement'— definition qr ............. 1,16 Emergencies:--... -------- ................ %6,n ENGINEER asinitial interpreter on disputes,. ......... 9.114 12 definition,of ........................................ ; ............ 1.17 Limitations on authority and responsibilities,,,; ,9'l3- Replacement ...... 1_1 ............. L: ..... ; ...... :: 8--i Resident Project Rcpicqentativc ....................... 913 ENGINEERs Consultant — definition of 1.18 ENGINEEks, authority and responsibility, limitations on ........ 9-13. Authorized Vitiations In the Work ............... .. _9.i - Change Orders, responsibility tor.._... 9.7, 10,11, 12 Clarifications and Interpretatiowk., ............ 343, 9.4 Decisions on Disputes„- ; ...... ...... z:_.9.11-9;12 defective Work, notice of ............................. __13-1 Evaluation of Substitute il:errs, ......................... 6.73 Liqbility .... .............................. O.K. 9121 Notice Work is Acceptable 14.13 Observationi ..... ........................ ...... 6.30.1 9.2 (,)V6TER!s Representative .................................... 9A Payments to the CONTRACTOR,. Responsibility for ................ ............. Rt6omatendation of Payment...... ..... ;_:_J4A, 1450 Article or Paragraph Number Rcsponsiibilities--Cimitatioris on ............... :9.1179.13 Review,of Reports on Differing Subsurface find Physical Conditions__, .... ...... 4.2:4 Shop Drawings and -Samples. review — TC.3"p0nsi6ilily,. ........ .................................... 6,26 Status During Ccnstruction-- authorized variations in the Wort,,,,,;, , 9.5 Clarifications and lhtcrprqtatiom� ... ;_ ---------- 9.4 Decisions on Disputes .......................... 9: 11 9A 2 Determ inations on Unit Pfice _910 ENGINEER asinitial Interpreter... ... FNQINEER!s'Rq.spqnsibilitics,,,,,,,,,,,,;,;; 09�1-2 Limitations on ENGMERs Atitharity and Responsibilities........... ........... _:933 OWNMs Representative:_,, Project Representative,. ....... ............ 9.3 RcjcctingDqfwchve Work ................. ............ 9.6 Shop brawings, Change Ordersi and Payments-.,.., ..... Visits to Site 9.2 Unit Price determinations .... ............................ .9,10 Visits to Site Written consent ,retfairc(Il ................................ 7.2,9.1 Equipment, Labor, Materials and ......................... 0-1!0-5 Equipment rental, Cost of the Work .................... 11-4.5:3 Equivalent Materials and Equipment ....................... 63 error or orn issicns_._ Evidence of Financial Explorations of physical condition-i ......... Fee, c6NTRACTOR!s--Coits*PIus., ......................... 11.6 Field 6der-- definition of 1.19 issued by ENGINEER ............................ I ... 3.6.1,9.3 Final Application for Payment ............................... 14-.12 Final Inspection .... ...................... 34.11 Final:Paymcnt— and Acceptance„ ............ ........ 14.13-14,14 Prior to:for cash,allovimccs ............................... Ih8 General Provisions...... .................... __ ............ 17.3=17:4 General Requirements — definitionof ..................................................... 1,0 principal rcferinices to ..............2.6, 6.4.6." , 7,6.24 Giving Notice ..... ; ............. Guiirantc,- of CONTRACTOR Hazard Communication Programs .............. __ ........ 6_22 Hazardous Waste — definition of general ---------- - --- ----- -- -- ----- 4.il OWNER's responsibility ............................. 8,10 EX'DC GENERAL CONDITIONS 19104ji99a 6Djn0N wtCm of Fbucouji;s motimckTior4xv9199I I Indemnification,-,,,,,,_,,,,,,,,,,,, 6.12, 6.16,; 6.31t633 Initially Acceptable Schcdulcs,-----,_.... ..........::,'19 Inspection-- Certificm6s cf:::.:..::..::.1.,:::.::::.:::,9.13 4, 13.5, 14.12 Final...........................................................14.1 b Article of Paragraph Number Special, required bkfu IGINEER .........................Q.6 Tests and .:..:.:...::...:::..::..:::..$-7, 13.3-13.4 Insurance. - Acceptance of; by OWNER ............................... Additional, required by changes .5.14 in the Work .............._..... _...._..--....,,. 11.4.5.9 Before starting the- Work ............... ..................:..2.7 Bonds and --in general..........................................5. Cancellation Provisions.....................................5.8 Certificates of ... ....... _ ...... 3, 5, 5J, 5.4.1'l, 5.4.13; .. J.6.5.5:815,14.9.13:4, 14,12 campleted operations,,,: ................................ 5.4:13 CONTRACTORS Liability.• .:.............,,-_-,...... CONfRACTOR's objection to coverage;,,, Contractual Liability........... .... .................:.::5.4.10 deductible amounts, CONTRACTOR's responsibility ...................................... :....... :. J:9 Final Application -for Payment .....................:..:14.12 Licensed Insurers.--.• ..:................ -...................... $.3 Notice requirements, material changes ........ 5.9, 10.5 Option to Replace : ............................................ :5.14 other special insurances ... ...:....:........................ 5.10 OWNER as fiduciary for insureds .............. 5.12-5.13 OWNER's Liability ............ ....... ......................... 3-5. OWNERS Responsibilityifit� ...................... 8.5 Partial Utilization, Property Insurance„ ..........:.:5.15' property ............... -------- ---- -..... _-_:::::.,..:5.6-5.10 Receipt and Application of Insurance Proceeds :............................................. J:12.5.13, Special Insurance,-,_ ................... ...................... 5:10 Waiver of Rights .......:..................:............... 5.11 Intent of Contract Documents ............................. 3.1-3:4 .Interpretations and'Clarificatioms..:...................3,6.3,9.4` Investigations of physical -conditions ..::....................... ..2, Labor. Material''s and Equipment ............... Lands -- and Easements .................................................. 8.4 :availability. of.....:.......................................4.1. 8.4 Reports and Tests ........ .................... Laws and Regulations --Laws orRegulations— Bonds....................................... Changes in' the Work ---:_,:•::...:.:..:.:.::::..............10,4 Contract Documents&-,,-,,.-......:....:.................J.1 CONTRACTOR's Responsibilities .....................0.14 Correction Period, de, rective Work....................13.12 Cost of the Work taxes., ............................J 1.4:5.4 definition of-.- • - ...-_.._..............- n ,......1.� general&14 lirdem ni ficatitm........................................ 6.31 +6.33 Insurance S 3 ............................ ...:........................... . Precedence ...::::.::::...:..:.:....:...:....... .....:-,-3.1, 3.3.3 Refercpix to .... :.:..:.::::..::............. :.................. 3.3.1 Safety and Protection,,,,,,,,,,,,,,,, ,, 2 Subcontractors, Suppliers and Others,,,,,-,... 6.M.I l Article or Paragraph Number Testsand Inspections..................................13:5 Use of Premises:..-::: .::............. ........ ......... ¢.16 Visits to Site ......::....: ...................... Liability Insurance-- CONTRACTOR's................::............................. 5.4 OWNER's....................... Licensed 'Sureties and Insurers,,,,,,,,,,,,,,,,,,,,,,,,,,;,,,,„ 5.3 Liens -- Application for Progress Payment .......................14.2 CON'rRACTOR's Warranty of Titlq... .:.............. 14.3 Final Application. for Payment ....... ............ .... ;J4 12 definition of.., L23. Waiverof ....................................... Limitations on ENGINE- ER's authority and Limiied Rcliancc.byCONTRACTOR .Authorized...:....................:...:......................... 4.2.2 Maintenance and Operating Manuals -- Final Application foi'Payment.............. .....:...:..14.12. Manuals (oCothers)-- ' Precedence ........ ........................ ,................... 3:3.3,1 Rbferchee,to'in Contract DocumenLg .................. �1.3.1 Materials and equipment-. furnished by CONTRACTOR .............................. 6;3 not incorporated in Work: ...... I ..................... I ...... 14:' Materials or equipmcnt--equivalant,,,,,,,;;,;,,;,,,,¢.7 Mediation (Optional),. „ ,_, ,. :....16.-7 Milestones--defuiition of .............. .............. ............. I.Z4• Miscellaneous - Computation pf'times,,,,,,,,,,,,,,,........ , __ --- ...... 17.2 Cumulative Remedies ,-,,,_„ ...... ...... 17A GivingNotice....................................................17.1 Notice.of Claim.................................................17.3' Professional Fees and Court Costs Inetude4,...... ;175 Multi -prime contracts. ...... :.... :.. .... .::::--- ...:........ :....7 Not Shown or Indicated ............................ .............43.2 Notice of -- Acceptability of Project,----.........................._..1'4.13 Award, definition of„ .............. ..................!. 1. i Claim............................................................1.7.3 Defects.13.1 Differing Subsurface or Physical Condition..... 4.2.3 Giving .::: ................... ::...::........... ......... :...:::..:f7a Tests and Inspections ............................ ............ 13:3 Variation Shop Drawing and Sample.................4 27 Notice to, Proceed - definition if ........................... . ............... ....... ....1-26• givingof ......................... .....:............................... 3 E/CDC MNFRAL CONDITIONS 1910.8 (1990 EDITION) wl aTY OF FORT C611 IINS MODIFICATIONS (REV 9199) I I I I I I I I I I I I I I I I I Notification to Surety.. _ ........................... :- ..... ...... j 6-5 OFAervations; by ENGINEER' ... _;_63-0,9.2 Occupan,4 of the Work ................. J:15_6.30.2.4.14. 10 Out fissions or acts by CONTRACTOR0.9. 9113 Open Peril policy form, Insurance:........ ............ 5.6 2) Option to Replace ................................................... 5:14 Article or Pxragraph Number. "Or. Equal" Itents ............................ I .............. . ......... 0.7 Other work 7 Overtime Work —prohibition o(..-.,, ...... Acceptance of ckfqclive Work... ........................ 1113 appoint an ENGINEER......_ ........... ....... as fiduciary::.......................................::... Availability of Unch; responsibility,,,,,,,,,,,,,,,,, „4.1 dellnati6n of .................. data, furnish ........... ; ......... z .......... ......... May Correct bef&five Work; .... ; ........... 13.14', May refi,is6 to maki payment, ............... ; ........ _.',Jl4:71 May Stop the Work,,,,,,,,,,,,, ............... 13AQ May Suspend Work, 'Terminate, 7.8,8. 1�3;10.- 15.; 1-15A . Payment, make prompt„ ................... - 3; 14A, 14J3 performarlm of usher wiik.: .... 7, permits and licenses; requirements, ... purchasetl insurafiiie reqiiiremenLj,_,._, .... :5.6-5:10 OV"?,MRV_ Acceptance of tlie-Work .............................. 6:3615 Chan& Or&rs,obligation to ckecutq_ ... ;;8.6. 10.4. Communicationq ............ .................... .............. 8.1 Coordination of the Work 7.4 Disputes; request for de : cision 11 'Inspections, tests and appro.val2j.,., .... :._J.7. 114- Liiibility Notice of Defects..; .... ; ............. I ........... ...... Rcprescntativc"During' Construction;, FNGINLEER's Status.,.,....._ . ......9,1 Respo insi ,bilities- Asbcstc5s. PCBs, Petroleum; Hazardous Waste or Radioactive Material 8.10 Change Orders, ........................................ ;..:: ... 8.6' Changes in the Work .... --- ----- communications ------- ** ........... ...... 1 ..... .. M CONTRACTOR's responsibilitiC4 ................... 8,9 evidence of financial affangcrrientA__,,._. ...... 8:11 inspections, tests and Rppr6vals—_,_ ........... 83 Insurance ... ............................R,s lands and easements_.w. .... ........................... 8A prompt payment by ................ — ----------- repiieem ent or ENGINEER,_ reports and tests.. ................................... stop or suspend Work,,,,,,,,,,,,,,,,,, 8.8, 1110, 15.1 terminate CONTTRACTORs Smtck - e—7: !,77;:T—AX 15-1' separate representative at site„........ , —9-3 testing, indepcndcnt:... ........ . ... . ... .................. 13.4 use,or occupancy of thi Work ...... ....... . 15. 630.2:4. 14.10 written consent or approval required ................ I... ......... I... ........ 9, 1; 6.3. 1 L4 BXDC GENMAL CONDITIONS 1910-9 i 1490 EDITIOP0 vttny mmumLUNS MODIFICATIONS (REV9/991 11 I Article or Paragraph Number written notice required .:...................:7.1, 9 4, 9 11, ....................................11 a. 11.9. 14.7, 1_4 .4 PCBs__ definitionof . , - - - ......... .. general............................................................. 4,5 OWNI R's responsibility far; ........................... _ 8;10 Par Gal Utilization - definition of_.,:,.:...........:...:..:::....:::.:::.:::..:.:12$ general6-30,2.4, 14.10 Property Insurance ........................................ _..5,15 Patent,Fees and Royalties ......................................... 6,12 Payment Bards ............ 5.1-5:2 Payments, Recommendation of .............. 14.4-14.7. 14-13 Payments to CONTRACTOR and Completion - Application for ProgressPayments ............... :..... 14.2 CONTRACTOR's Warranty of'fitie,,,,,,;,;,,,,_„ 14.3 Final Application for Payrnent:,............. ..........14.12 Final Inspection..............................................14.11 Final Payment and Acceptance -„•,•„•,,,_, 14.13-14.14 general ................ ::,-,:,.............. ................ $:3, 14 Partial Utilization -...._:.,.._.....:............:....:...::14.10 Retainage................................... •......................14.2 Review of Applications Far Progress Payments ....... ........34.444.7 prompt payment, ........... ......... ............................ :$:3 Schedule of values ...................... ................ ....... a.1 Substantial Completion. Waiver of Claims ............................................. 14.15 when payments dur................................ 144; 14.13 withholding payment ... ............ ................. .....:...1.4.7' Performance Bond4...........................................:5.1-5.2 Permits.........:...:..........................::.._6.13 Petroleum-= definition'of.:..........;.;............................:.........1;30 general... ............. .......... ............... ...... ...............4, 5 OWNER's responsibility for,,,.,,., ......... �Phys_ical Conditions-- - Drawings ol; in -or relating t4........................ 4.2.L2 ENGINEER's review,,.: ..... ;.;..; ................... ; ...... 4.2.4 existing structures - 4 general4.2,1... .. .:....:.................. 2•. ........, Notice of Differing Subsurface or. .................... 4.2.3 Possible Contract Documents Change ............... 4.2.5 .Possible Price and Times Adjustments..............4.2.6, Reports and Drawings......................................4.2.1. Subsurfaceand.:.._..-...-...................................42 .Subsurface Conditions-,__ .............._........._.4.2.1.1 Technical Data, Limitd Reliance by CONTRACTOR Authorized ....................... l.i 2 Underground Facilities— generaI ........................................................ 3.3 Not Shown or lndicaed-------- :-3.3;2 Protection of ........................................ 4.3, 6.20 rii Article or Paragraph Nutn her Shown or Inchcated_:: - _- ,.,.. ,,..._:_.; 143.1 Technical Data„ 4 22 PreconstructRn Conference-, .......................... _ ........2.8 Preliminary Matters, e __.---... Preliminary Schedules..............................................?:6 Premises, Use,of....................................... :1.6.1".18 Price, Change of Contract .........................................I I Price, Contract --definition of,:.:,,..:.._, Progress Payment, Applications for ...:..: ................... 14.2 Progress Payment,-retainagq:................ 14.2 Progress schedule, CONTRACTOR's............ 2.6; 2:8,'2.9: -I-...:_...........I....6.6,629-10.4;15:2.1 Project-de(inition of,,,, ,,,,;,,,,,, „,,,_,,,,,,,,--,,::-,_._,,.131 Project Representative -- ENGINEERS Status During Construct ion._.....:9:3' Project Representative, Resident --definition of.1.33' prompt payment.by OWNER .. .:................... ..83 .... Property Insurance- Addi t ona t;..._.... ....... ...... :.......................... ......5:7 genera15.6-5.10 Partial UGGzntion_ ,- -_-.- _-.., „-_,- _-5.15. 14.10.2 receipt and application of proceeds-•,,,.....-5:12-5,13 Protection, Safety and: ..... ; ....................... 010-8:21, 13.2 Hunch list 14.11 Radioactive Material-- defintion of......................................................3.32 genern14.5 OWNER's responsibility for .......... .................. zF.10 Recommendation of Paymcnt................14.4, 14:5„14:13 Record Dobumcnts;-,.„_•............. .............:....6:19, 14.iT Records, procedures foi maintaining :.........................2.S, Reference Points..:.._ _ ........ ...................:..... 4A Reference to Standards and Specifications. of Technical Societies .... ........ :........ :.......:.:......... J13 Regulations: Laws and(or)........... .................. _....... 6.14' Rejecting'Defective Work-,-...,-., Related Work -- atSite ....................................................... .............................................. Performed.prior to Shop Drawings and Samplas submittals review•,,,,;•„•;;;,,•„6;28 Remedies, cumulative 174; 17;5 Removal or Correction ofDefictiva Work. _... ........13;11 rental agreements, OWNER approval required.,,,, 11.4.5.3 repluccm cm. of ENGINEER, by OWNER ------ .............. ?:2. Reporting and Resolving Discrcpnncics'................................2-5, 33.2.6;14',2 Reports - and Drawings --- ............ _...... -- ........._.......41.211 and Tests, OWNFR's resporisibihty ........:::......._ J:4 Resident and Project Representative -- definition of.....................................................L33 provisionfor............................................................ 9.3 EJ= CENEtM CONDITIONS 1910.8 0 940 E XTION) w/ t7TY OF FORTCOI.I.INS MODIFICATIONS (REV 9/99) I I 1 i 7 Ll I I I I I I I I I I I I I I I I I I I Article or Paragraph Number Resident Superintendent, COLVTRACTOles-.,-..,,,.,,,,,.6.2 Responsibilities- CONTFUAC,TOR!s-in gcocral ............. 6 ENGINEER's-in general .................................... Limitations an ............................................. 9! 13 OkVNFRs-in general.. ........ , .............. Retainage ...... ................ ...... ; ...... �14.2 Reuse of Documents.. ............................ .............. 317 Review by CON'rRACTOR; Shop Drawinp and Samples Prior io.SubmittaI'_.,.,_,,. ......... Review 6fApp!ications for Progress Payments ............. ....................... 14.4-14.7 Right to an adjustment ...... I ............... ; ............. JO.2 Rights of Way:.._........ ------------ -------------- ....... RopItic- Patent Fen and,., ....... ; ........................... A. 12 Safa Structural Leiiding ..........................................6.18 'Safety. - and .... 4.3;2,6.16c 6.118, 13.2 general....... .................... Representative. CONTRACTOR!s.; ....... ();21 Samples - definition ...... ........ ............... ....1.34 general; .................................................... 0.24:6.28 Review by CONTRACTOR ................................ 6.i-5 Review by ENGINEER'.............................. �0.26, 6.27 related Work .....................................................0.28 submittal of.........._ .......... __ ................... §,24.2 submittal procedures.„..................................... :0.25 Schedule....... _.,,2.6. progress of-. 2.8-2:9, 66� Schedidii of Shop Drawing and Sample SU6M iftals: 2.6, 1_'849, 614-6.28 Schedule of Values -------- -2.6,1-3-2.9,14.1 Schedules- Adherence to, Adjusting........................................................... 4A Change of Contract Times, ............. ; ................ 1.10.4 lnitiallyAccvptablii.. ..... 2.8.2.9 Preliminary .................. ............. ................ Scope of Changes, ...................................... 10.3-10.4 5ubsurfacc Conditions ................. 4.2.1.1 Shop Drawings -- and Samples, gencrali ............. ...... ...... 6.24-6.-28 Change Orders & Applications for Payments; and_.;.:_ ..... ; ....... __ .......... .... 9.7-9.9 definition .oc .... :-M-A ....... ....... ENGINEER's approval of,,,,, ............................. 3-6.2 ENGINEER's responsibi I for review . ........................... ; .......... 9J. 6.24-6. 28 related Work review procedures ...................... ......... 18, 6.24-6:28 Article or Paragraph Numbers submittal required ............................. ................. b24'1 Submittal Proctaures ............................... 6.25 .use to, approve Substitutions ......... _: ... :6.7.3 Shown.or Indicated ...................... ........................ '43il Site Access ....... * ....... * ........ ....... 7.2,13.2 Site Clean][iness ...................................................... 6.17' Site Visits to- by ENGINEER.........-:._...:...._ .. 9.2. 112 ................... byothers .......... ............ .................................. 13,2 'special causes of loss". policy form, insurani . ................ ......... :542- deffnition of, ... .......... _ .............. J-36 Skcifications- defination of ...........................................z........1.36 of -'fechnical Societies; reference to. ....... i.; ....... :3.3. 1 .precedence.,,,,,,,,,,;.... ; ................ ;: ........ ; ....... Standards and Specifications of Technical Societies,,,,,,,,,,,,,,,,, ........ . ...... I .... 3.3 Starting Construction. Before :: ................... 1.5-2.8 Starting the W6rki;____7 ... ---- 2A Stop or Suspend Work-- by CONTRANCTOR ......... ;; .......... �; ............. ; ...... 15.5 by OWNER ....... ........ - i.: ........ i,8.8 1-310. 15'i Storage of in aterials-and equipment._,,,:.,;,.... __4.1, 7.2 Structural Loading, Safety ................................ 6A 9 Subcontractor — ........ Concern ing................................................ 6.8-6111 definition of,,,,,,,,,,,,,, . ..................................... J37 del-ays ............................. ........ ...................... 12.3 waiver of rights .................................................611 Suhe onlract us --in general .......... 6.8-6.11 quire. provision ___ Subcontracts --re s. - 5.11. 6 11, 11-4.3 Subm itials-. AppliCations for Payment ................................. 14. _2 Maintenance and OperationManuals ............ 14A 2 Procedures Progress Schedules ..... - ...... I ................ : ....... 242.9 Samples ..... ; ........................ ; ......... I .......... I5:24-6i2g. Schedule of Values ....... ;;.,; .... ; .... ..... ........ i.6; 14,t * Schedule of Shop Drawings and Samples - Submissions -.16,18-1- 9 Shop Drawings ........................................ 624-6,28 Substantial.Completion- certification or ............... ... 1.30.2.3, 14.8-149 definition of. 1,3$ Substitute Construction Methods cir Proceduies 6:7.2 $S ubstitutes and"br Equal" Items,. 6.7 ENGINEER's iivalugition... .... I ............. I ......... 6.7 3 'Or-E`4usl .................................. ................. 0.7-1:1 Substitute Construction Methods UJCDC(IENMAL CONDITIONS 10048 6M EDITION) WtC.TTY OF FORT COLUNS MODIFICATIONS XV9tM. I Article or Paragraph Numtier or Procedures ...:.:....................................... G.7.2 Substitute Items__-,_ ...........:....... ..._....._...... 6.7.1.2 Subsurface and Physical Conditions -- Drawings of. in or relatiig to.........................4.2.1.2 ENGINEER's Rmew...................................... 2.4 general...............:...:. .: .... :.__...,.... ,.:.:.:.-.......,,:...4:2 Limited Reliance by CONTRACTOR Authorized................................................4.2.2 Notice of Differing Subsurface or Physical Conditions ......:........... 4.2.3 Physical Conditions....;..,.,....... 1.,,-,.:4.2:1.2. Possible Contract Documents Change,,,,,,,,:4.2.5 Possible Price and Times Adjustments........:._----4.2.6 Reports and Drawings ...:.........:................_ ,---. 4? 1 'Subsurface and......:.......:..........::.::::......::...:...:..:a 2 Subsurface Conditions at the Site,,,,,,,,,,,,,,,,,, 4-2.1-I Technical Data t-................. _............ ...... _...... a,? -t Supervision- CONTRACTOR's OWNER shall not supervise,,....... I......................8.9 ENGINEER shall not supervts4 9 ? 9.1112 2 Superintendence „ .. -.... ...... .... -: .: _..,.¢ 2. Superintendrnt, CONTRACTOR's resider(... _ ......, 0.2 'Supplemental costs . ............................................ :J 1.4.5 Supplementary Conditions-- d6tthiti6n of.............................................I......1.39 principal references t4_,,,,,,,,,,,,,,,).10, 1.18; 2..2, 2:7;. .......................414.3, 5-L 53, 5 4, 5.6-5:9, ...........:.... 5.11:6.8, 6.13i 7:4, 8:11, 9.3,.9.10 Supplementing Contract. Documents Supplier - definition of., ............... ;.; ............................. ; ... 1.40 principal references tq„-,,,,,...3:7, G 5, 6.8-6.11'i 6.20, 6 24, 9:13. 14.12 Waiver of Rights..... .. ..... ._ _ 6.I I Soucty- consent to final payment .........................14.12, 14A4 ENGINEER has no duty to............:....................9.13 Notification of ....:....:....:..:....: .......... 10.1- 101, 15;2 qualification of-., ........ ..................... ....... ..... 511-5.3 Survival of Obligatiuns:.................................... ...... 6.34 Suspend Work. OWNER May .................. ..... 13.10„ 15.1 Suspension of Work and Termination=..................... 15 CONTRACTORMay Stop Vork or Term irate ......... ..................:........_........_15.5 OWNER May Suspend Work.....................::.:..::15.1 OWNER Nfay Term inata....`.....:....:.:::15.2-15.4 Taxes. -Payment by CONTRA(TI'OR........................ 0:15 Technical Data - Limited Reliance by CONTRACTOR ..... .......... Al2 Possible Price and Times Adjustments,,,,,,,,,,,,,,4.2.6- Reports.of Differing. Subsurface and Physical Conditions-, .................................. 42.3 Av Temporary construction facilities......., . ....__4.1 Article or Paragraph Number Term ination-- by CONTRACTOR ...--... -_ . 15.5. by OWNER'........................................$:8, 15,1-15A' of ENGINEER's employment ............................... $ 2 Suspension of Work-in general... .......................... 15 Terms and Adjeetii•rs:......:.:...::.:.:::. .. - -.. - ..:..$.4. Tests and'lnspectiohsr .Access to the Work, by others ...........................13,2 CONTRACTOR'S responsibilities ......................13.5 cost of 13.4 covering Work prior [4 ............. .13.6-13.7- Laws and Regulations(or)................................ 13.5 Notice of Defects...... __.......,..4......:..................13:1 OWNER A1ayStpp Wbrk_- - 13,10 OWNER's independent testing .... :...... :....... ::... „J3.4� special, required by ENGINEER ..........................q,6 timely notice required.......................................13.4 Uncovering lheWork, al-ENGWEER's1 request:-,;,,,,;,,,;,,,,,,;•--•,-:,:.:::::-, ,:-:::,,13.8-13.9 Times -- Adjusting :.........:..............•. .. ¢.6 Change of Contract„_..,.,,... Computation of,. ......... .:... : _......... .. „ 17 2 Contract Times -definition of...........................L 12 day.................................. _..................... .17.2:2 M ilestoincs..........................................................12' Requirements-- ippeals................................................. 9:10,16 clarifications. claims and'disputes„ „-•9 11, I l 2 .12' Commcncemznt of Contract Timeg.,, ..... ,2 3 Pre,constmction Conference',_ ........................2 8' schedules, ........................................2.6, 2:9, 0.6 Starting the Woxk _. .2.4' Title, Warranty of ........ - - 14.3, Uncovering Work.......;.................. ,,,,,,,,,,,,,13 8.13.9 Underground Facilities, Physical Conditions - definition of..:...........::....................................1.41 Not Shown or Indicatea.:::...........:....:.:._---_._, 4.32 protection of................ .....-........... ....... -.... 4 3, 6r26 Shown or Indicatcd.........................................4.3.1 Unit Price Work - claims ..:::.........................:............:....:....:.., I1.9:3. definition of..... ......... ........ .......J.41 generall l.9, 14.1,14.5 Unit Prices— general l 1.3.1 Determination for.............................................9ah Use of Premises................................6.16. 6.18, 630.2.4 Utility owners .... .......... ........... ... ¢.131- 6.20, 7.1-7.3, 13.2 Utilization, Partial.__..,,,_. I?8, 5.15. 6.30.2.4. 14,10 Value of the Work :................................................. 113 values Scheduleo[ ............................ 2.6; 2.8-2.9. 14.1, EJCDC GENMAI. CONDRIONS 1910-8 (1990EDmorl) WI (STY OF FORTC)LUNS MODIFICATIONS (REV 91") 1 1 1 1 1 1 Variations in Work —Minor Authorized, .6.25j 6.27"9: Article -or Pofagraph Number Visits to Site —by ENGINEER ............. ..................... 9.2' Waiver of Claims —on Final Payment Waiver of Rights by insured parties .................. 5.11,6,11 Warrantyand Guarantee. General-'4Y CONTRzkCTOR ...............................................630 Warranty of Titic, CONTRACTOR'S,,-,,..,.-,.,,.,.-,,,,.14.3 1Vork Accessto .......................................................... 13.2 byothers............................................................... 7 Changes in,Lhe, ...... ...... ...... Continuing the ...... .............619 CONTRACTOR May Stop Work or. enninate. ... .................... ............ 15.5 Coordination of 1.4 cost ofthc,;:, .... .;.; .......... ; ...................... ;J:1.4-1 U5 definition of ............................... ...................... 1.43 neglected by CONTRACTOR ............................ 13.14'. other Work.. --- ...... ! ................... OWNER r Nby Stop Work,, I ' 3: 10 OWNER Miy Suspend Work ...... ............. 13,10. 1.5.1 ReIR14 Work at SiteZ .......... .......... 1.1-7.3 Staiting th4...:::.:.......::::. 14 Stooping by CONTRACTOR,__,_-, ........... ;._15.5 Stypping by OWNER ............ .................... 15.1-15.4 �Variation and deviation- authorized. minor .......... 3.6 Work Change Direitiire— claims pursuant tQ ............ ............................... jq.1 definition of ................. !144 principal ref6rences to• .... ................ Written Am endment— definitioh o(-.,,, ;;,:.; ;:__,_j.45 principal references to.., ........... 1 � 10, 15, i 10, 15:11, .. ........ .............. 6. 6.2. 6.8.2. 6'. 19, "10. 1. 1 0. 4; ..........................6.6 ................ _.: 11.2, 12. I:13* 111 14..7.2 Written Clarifications and Interpretations .............................. ; .... 3.6:3. 9.4. 9.11 Written Notice Required — by CONTRACTOR' . .............. 1, 9. 10.9. I'l, ----------------- ................. 10.4. 11.2. 12:1 by OWNER _ _ ................ 9: 10-9A 1, 10A, 11,2, 13414 sw UCDC GEN - MAL CONDITIONS 1910 -3 h 00 EDMOM •,WCITY.M. FORT COLUN9 MODIFICATIONS (REV Of", (This page Jett hlkrik iote clonally). tVf CJCDC GENERAL'CONOITIONS I9Ia-8 (19911 Ml110NI, wi CITy OF FORT COt.IJNS'\tODIFICATIO..* (.wv,7i99) 1 1 1 J 1 11 1 [1 1 1 I I 71 I I I I I I I I I I Fi I I GENERAL COMMONS ARTICLE 1—Dur4mon Whereverusedin these:(Jeneral Conditions or in the other Contract Documents. Ow 'following terms I 1MY c . the, mearan - gs indicated _.which- J'M• applicable -to both the spigular and plunil.thereirE 1. L .4d&wda_%Vritten or graphic instruments issued prior to, the opening of Bids which clerfy, correct or change the Bidding Requirements or the Contract Documents 12. Agreenrenz— The written aen contract between OWNEM and CONTRACTOR covering the W6rk to be performed,. other Contract'Docturienti arc attached -to. the Agrecincrit and made a ptirt thereof is provided therein, 1.3., AfflicatOn for Payinew—The form accepted by ENICTIA R which isito be used by coNTRAcTOR in requesting frogresi or final payments and which is to be accorripaniod -by.such supporting docirricirtatioti as is ri;wked bjy the Q6ntmct Document-. 1.4. .6bestos;,Any niateriali hrit contalns more.thim one 1xi,centasbcstirs and is friable -or is releasing asbestos fibers into the air above cunint action levels establaed by'*th'e United 'States Occupational! Sir* and, Health AdmLaiwation, 1.5, Bid —,The offer or. propoml of the bidder submitted on the i pii"bed form setting forth the prices frir the Work t6,bepLrf6rmed. 1,6. Biddm$. Dmanents—The advertisement or invitation to BU inarn&tions.to biddem the Bid form; and the - ' d Cdnti�ct DocuriiOhts (iriclqdirg U!Addeftda. propow issued prior to ieceip t6fBids). 1.7. Bidding Requiiemena—The, advertisement or invitatiortto Bid.instructionito bidders, and the Bid form. 1.9:. Boiitft=Perfbrm,;ince:aud'Paynie.rA bonds and other instrumentsofseiiuruy.' - 1.9, - Giatiga. On*r—A document recommended by, WG13NIMR. which, is s4Vuxl. by CON"rRACT09 and OWNER -and outhorizesun uddifion: deletion &revisiibmin th6 Work; or an adjustment in the Contract Price or the Contract Tiinc&'i=6d on of afterthe Effective Date of the _Agreemea 1.10. Conftvl Docurrients—The tWtierricirL Addenda (which pertain to the Contract , Documents),. CONTRACTORs Bid (including documciawtion acl nying the Bid and arty p6st Bid d&-umentation submitted prior to the Notiu of Award) when'atta6lied as an exhibit to the Agreement, th& Notice to.Prorced: the Bonds, these General Conditions, the, Supplementary Canditionis, the spt;cifiaqtimq hrid the Drawinp-as; the MWOhNOtAL MUMMIML$ (199(1 ELiticn), W1 CITY OFFORT COLLIN75 MODUFICATION3 (REV.1120w) same are more specificaNy identified in the -A together with ell' JVritteri-Arrerdiren ts. Chanke Orders, Work- Changii Directives. Field Orders arid ENGWEER's wiftlen interpretations and clarifications issued pursuant to prirairal"3.51 3.6. 1 -and3.6.3 on or _Uaer the , Effective Dam of the 'Agreement- :Shop hop 'Diawmg suhnil'teils approved pursuant. to pampmpfis- 6.26 and 6.27 and the repom-and -drawings referred to in'paragiaphs'4Z I. and 4.2.2 are not Contnict Documents, LIL Contract PqceTfie Erigneya pay able by OWNER to ON'TRACTOR for completion of the Work in accordance with the Contract Documents as anted in the(subject. to the provisions. of n the case of Unit Price Work). •I'J 2. Contpucl riwx4he numbers of days or the clatm-stated in theAgxment: (i) to achieve Substarittiti Couipletiori, and (ii) to complete the Woik so that it is ready far final pay'mint.as ovidenud'by HNGUNEER's %virittin-retbaimendetioiar of final piiynierd in accordance with pamgraph 14.13. 1-13, OMMACTOR--rhe person. Firm or corpanition with whorrW,WNER has erscred4rito the Agreement 1.14,.defective—An adjective which When mcidifying- the word Work refers to Work that is u-niati.-dactery, faulty of d6ciefft in that it does not conform to the Contrict Documents, or does not meet ft,requircirems'. of any mspemi* reference standard, test or appraviii releffed- to in the Contract b6cuments..or'has been damaged prior to ENGWEER's rcoommeiidation,of final.pa ment (hitless responsibility for the prE;tcction thereof has tecri assumed bry 0 WKER if Suiu ntiiil Completion in a9cordari,c'with paragraph 14.8 or 14:10), 1.15. -Drawings—The drawings which show the scope, c�cten[ and character of the Work to be fumished 'ftnd ficifeimed by CONTRACTOR,Rrid which havi been UNODT IM-R rind nit -Fdieffed to ffeWthet:iaUi• o=1YLWS shop drawmP me not Drawings assodefined.L 1-16, Effective Dare of the ilgreenient—The •date indicated in the Agreemcntanwhich itbo6mestiffeElive but if rl'Qsuih date is mdidated:it deans theidatc onwhich the -Agreement is silped I and, delivered by the last of ihe� two parties to sign- and deliver. 1.17ENGINEER—The *%x% firm cir cor kition named as such in the Agreement. - par 1.18. F—VGIAM's Cmis"ftair.A person, firm or, o6rpormion hating a contend. with MqGINEER to furnish seryiem m ENGINEMs independent. professional associate or consultant with respect to the Project arid wK6 is identified as such in"the, Supplementary Conditions.. 1.19, Field Orrkr. A written order issued by ENGINEER which orders mirior charg&s in the Work in accordance with paragraph 9.5 but which does not involve a chan , ge in the Cbniiac , t Pita orthe'(_'onuact Times, U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO GENERAL DECISION NUMBERS C0020014 AND C0020015, HEAVY AND HIGHWAY CONSTRUCTION WAGE DETERMINATION APPEALS PROCESS DATE 03-12-02 ' 1.) Has there been an initial decision in the matter? This can be: ♦ an existing published wage determination ♦ a survey underlying a wage determination ♦ a Wage and Hour Division letter setting forth a position on a wage determination matter ♦ a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of construction wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 4.) All Decisions of the Administrative review board are final. Addendum 2 — 7263 Downtown Conduit Backbone and Laterals Page 9 of 11 1 1 20, Generfil Requiremehrs-Seetioru of Division l of the Specifimtions: 131. Hasardours Wasre-The term nir&dous.Wsstc shall leave the meaning.prbvided in Section 1004 of the Solid Waste Disposal Act'(42 USC Section. 'Ss' amended Cron time to:tima: 1.22.a: Laws and Regulations; Lacy br Regulations ,Any and all appliiabk "laws: rules., regulatiCrns, "ordinances,. codes .and orders. of any and all governmental bodics- agencies.autliorfies aria corms haver g jurisdiction 1 2tb. Legal flollrkry shall be those holidays observed by the City of Fort Collins, - 1 23: Liens -Liens, ctargcs, security 'interests or encumbrances upon real property or P&,.,x al property. L24: &WkWone--A principal event ,specified in the Contract Documentsrelating.to:an interatediate completion date or time pnor'to Substantial Completion of all the Wa—. 1.25, 1Votfce,ef Auwrd-A. written notice. by.OLVNER to the apparent successful bidder stating at upon by the apparent .successful' bidder with the conditions precedent enumuatcd therein, within the brie specified;. OWNER willsign acid deliver thzAgrocmcM L26. Notice to Prareed-A written' notice given. by OWNER to CONTRACTOR S.With a copy to ENGTNEER) fixing the date on which the Contract Times Will oommenee to run.arid on which CONTRACTOR shall start to perform. CONTRACTOR'S: "obligation under the Contract Documents. 1.27. OMER-The public body or 'authority, corporation association. Cum or person with whom CONTRACTOR has entered into the Agreement and for Whom the Work is to'be providea. 12S., Partial Utilization -Use by. OWNER of a .substantially:c6inplewd part oftheWork .for. the purpose. for which it is intended (or a related purpose) prior to Sulxttintial Completion of all tha Work 1 29, PCBs -Polychlorinated biphenyls. 1:30. Patrokton--Petroteum; includirg,crude oil or any fraction .thereof which 4s liquid at standard conditions of temperature Fund pressure (60 degrees Fahrenheit anti 14.7 pounik per syuarc inch absolute), such . as oil, petroleum; fuel oi4 oil sludge, oil'refusc: gasoline: kerosene and oil mixed with other non-Itasardous.lVastes and crude oils. 1.31. Project -The total construction of which'the Work to tic providal, fir der the Contnict Documents stay be. the whole, or it pan as indicated e_lsewheie`at the Contact Documents. 1.32.a 'Rudiodctive.A•futetial-Source: special nuclear. or hyptodua material as defined by the Atomic Eneq&,Act of slcuccrNUM co;aX-n0M 1910-S tl9vu Erich: wary oy t;oRT wLLiHS 6foO1F1cknONS t.RBV 4t26(1(I)' 1954 ('43USC'Section,2011 ct'seq.) as ametided,from time to.tiioe. 1.32.b. ReYuliiP Morkim, Hairs Pmtdar workine liti us an: defined as '.7:00am to: 6:006m - unless - otherwise specified in the General Requirement%_ 1.33. 'Resident Project Representative-T lieauthorized representative of ENGINEER who may be ass,i' duo the' sitcor any part thereof. 1.34. Samples -Physical examples of materials, equipment,_ or workmanship that, are representative of some portion of the Work and which establish the standard% by which such portion of the Work will be NdB� 1,35. S7iop •Urrnvings;All drawings, diagrams,, illustrations, schedules and other data or information which are specifically' prepared or: assembled by or for CONTRACTOR alyd subinitted thy- CONTRACTOR to illustrate shine portion of the Wcrk.. 1.36. Jpecfcationr-Those portions of die Contract Documents consisting of written technical descriptions of materials, equipincrit, construction ems standards'and workmanship as applied to. the. Work and ocrtain udmuicsuative deW is appli(, ble thereto: 1:37. Subcontractor -An individual, 6rm or corporation having a directcontract with CONTRACTOR or with arty other'Subcontactor for the performance of,e part of the Work at the site. 1.38. .Substantial Completion -The Work (or a specified'piut thereof) -fats progressed to die point where. m itie upuiion of ENGINEER as eviddriced by ENGINEER'S definitive certificate, of Substantial Completion. it is sufficiently complete, in accordance With the Contract Documents; so that. the Work (or specified part) can -be' utilized for. the )ptvposes .for Which it is intended; or :if no :such rzrtifuate;is issued„ when lhi: Work is complete and ready ,for final .payment as evidenced by ENGi FER's wTittcnt recommendation.of final payment in accordancewith paragraph 14.13: 'The terms "substantially complete" and "substmttially completed" as applied'to all or part of tux ;Work refer to Substantial (jam thereof' 1.39. Supplemoitmy" Conditions -The part' of.,the Contract Docuire its which amends or stipplementsthese Gerreral Cvndilians: 1.40. Supplier -A manufactumr, fabricator,. supplier, distributor- molerialman or vendor havirjg a direct contract with CONTRACTOR or with any ,Subcontractor to ,fiirrush materials or equipment to be incorporated in the Work by CONTRACTOR or. any'Subooruractor. 1.41, Uirdergivwid Facilities -All pipelines conduits. ducts cables, %4ires, manholes., vaults, tat *-s, tuniiets or alien such facilities or.attachnicra& and any en(asrnneiits containuig such fiacilifit:37 which have been installed uralergrgu d to'furtbsh any of the following sertiices or I I liquid if Notice is mater,044; electricity. gases. stemi, petfoleiiin 6 to Proceed given. ofi the day indicated in the prcxl,uas,. telephone or other communication; cable 'Notice to Proceed. A Notice to Proceed maybe giiren at televisicin, sewage and drainsgS removaL traffic. or other any time within thirty da,,szfkri Date of the water.. control bystcais or WAt.--k— Lhe,Lffjclive Agreemen w MIF8 1 Tim to ktev dim " day 1,42: V?ot Price Work —Work to be paid f6r on the�basis oamratinre n,n siiiiieth OftiF of:"oPend_ 'r.toFlth6.thirtiv-'�"i;-after-dii-gff,'!dtivti-Doe of unit prices. 'oFthe-AgreemenR-whiehevmistri9terliar: 1:.43: Work_ —The tmtiry completed construction Or the. $ftrao 0 e work, various separately identifiable parts thereof required to be turn ished under the Contract Documents. Wo&includcs 'of --- " 4 CONTRACTOR -*hall start to perforS the Wr4- and ts*- Lfii'result performing r or umishing labor and an thi &ie when doiiiitct f` t;�:cornmcricc to rtuL an (Urnishing race and rating materials and c 0 equipment into - . . butt Work tm done hm it the site prior to the date on. the Construction, anToctforming or funiishing services and _dochmims, which the Ct6tractTiracs commence to riot. filmishing 611 as required. by the Contract Document& BeforeSYarting Consirmcdo.n.- 144, Iflni* Change Diritctive—A. written directive to CONTRACTOR, issued on or allcr,the Effective Doti: of -2.5. 'Before unde-nakifig each part. of the Work;_ 'CONTRACTOR shall carefully study and conipmare the thci Agreement and signed by OWNER and recommended 'oh.lering addition,delctiun I Contract Documents ;and check :and verify pcntinto by ENGINEER, an Or rev" -or, fi- shown thereon and all applicable Geld gures , . . in the Work, responding, to di lIffing" -or unfibreseen men suremenitk CONTRACTOR shall Iir mpt .ly report in R physical ccin&ticins under which the Work is, in be wiiting:to,.HNGINFFR any conllicL error, ambiguity or *f6uped as provicled in parogniph4.2, or 4.3 or to discrepanc ey'which CONTRACTOR, may discover and cmjnrgmaes unda parm graph 6,23 A Work Change shall obtain a writtm interpretation or clarificatinii ftimi Directive will h6t,Zhange the Contract Price Or the Contract FNGMFR Word proceeding WW an Wo',rk flfficcted Timm but .a evidence , that the partic-s'ex—Ped, that the. , thcrrby-,,h6w&cr, CONURACTOR not be'liable3o _ change directed Or dbut6critet! by a. Work Change, OWNER.or ENGINEER for failure tareport,any conflict, Directive will'be -Incorporated in a 'subiequently 'issued error; ambiguity or: 6erepancy in'. the Contract Change Order ' following riegotikicim by the parties as.to its Documents,unlkq CONTRACTOR lamw or reasonably affect, if any, On.the Contract Rice or Contract Tinik as should have known thereof preiVidcd in paragraph 10.2 '-2.6. Within ten, days after the Effmiycl Date, of�the 1.45: Written Awnthmpa.-A written amendment of the Agreement (unless otherwise silicified in the GC710,1 Contract Doetiments, signed by.. OWNFR and. Requirements), CONTRACTOR. shall submit. to CONTRACTOR on or after the Effective Date of, the ENGINEER for review: Ag!ccinefit btrW normally deal' with tfie-nunrrijincci�irfg ,g dealing or. nontechnical rather than strictly conmetion-relited 16.1. a preliminary: progress schedule indicating aspeqts of the contract bocuments, tfielirnes (numbers of days or dates) f6rrStaning and completing the vairiousstag6i of -the Woric, iiiilud[nig any. Milestones specified in the Contract Dccume_hts_•' ARTICLE 2�PRELBIINARY MATTERS 16:2. a preliminary scheduli of Shop Diawing and Smnple' submittals which will' list each required submittal and the times for. s=iitini.'reviewing ,and Defiveiy bfB*ids- processing aichsubminat 11.. win, coNnucrbR, &livers. the executed 2:6.2.1- In no case will a •khedW -be Ze.e.mr to OWNER;CONTRACTOR, shall also mccotable- which allows less than 21 � calendar OWNER such Bonds ai CONTRACTOR riiay days for each review by Diaineen ,be required to fium& in dczbr&;ru' e with paragraph 5: 1. 2.0.1 A preliminary schedule of values f6r.all of tht Work which will include quantities and priced'of 2.1 Oiv.NER shall runnish toCONTRACTORup to ten items 899guting re tine Pri e Contract Price ,and will . subdivide the Work into component parts iA'sufficiarii cop es (unless otherwise specified in the Supplementary -Contract -DLE'tirfi&fits:as,2fr6-reawmbly detail to serve as the basis for progress payments Conditions) of Lh-z* diatvlg eonslruction Such prices will include, an - necessary ffinthc execution of the Work. Additional copies ble appropriate amount of overhead and applicable profit appli will be furnisha.upon rcquesl. at the"cost of reproduction. to cach'itern of Work. Commenceme& of Contract Times,- Notice to Proceed.- 2:7., Before ,any Work at the site is started, CONTRACTOR afiil'G1Wi %hall efteh deliver to the 13. The Contract Times will commence to run on the- 06411F OWNEj with o:CAddii:0RA, ;Hs"d thirtieth day. after the EffectiVe Dateof thiAgreement, or, 'Acopies; idewified in lh"u_ wns-ENIGM _4iiidijin 3 WICITY OFFORT COLLINS MODIPICAtIONS MEV,WOOO) I I certifimtesjpf insiumn6e (dnd cow evidence of msurance• v;hioh.- m4h— 4 ih"--" Ew -nu aWlil, 'Al . I - � BY cmested bv O)YTHM which CONTRA CTO -4K me is required to. purchase '-oil maintain in, Accordari.ce with FnTgrriphs, Peeconaradion Caqf6wnce., 2X INithin lwent�di*,s after the Contract Timcis start to rum but before arty ork. at the site is started, a cvhfarence. attended -by before ENGINEER iiId o&rs.7iL; appropriate will be I held to, establish a working understrurriting among the parties as to the Work and to discuss the .schedules referred .to in, paragraph 2.6, procedures fbr handling Shop Drawings and other wbmdtals Fircessing Applicatiori for —Payment and mairtaiiing required records InitinAvAcceptiWli Scheduler. 2.9., Unless otherwise provided in the Continct a be field toreview foraccept2bilityto ENGINEER as below the 'scheffiles-' submitted in accordar CONTRACTOR shall have an additional ten days to, make. oorrections and'40justments acid complete and'rmbmit the s&odulcs. No progress paymcht shall be made to CONTRACTOR 6@ the schedules are submitted to and acceptable to BNOLGER as provided hcloiv. The progress schedule will -be acceptable to FNGTNFER, as providing an orderly progression of the Work to completion Withl'n any sp"itied MilesWries and the Contract Times, butstich acceptancti will neither impose on ENGINEER e ore 6 he se scheduling _ _T. gr I quencm or progress of the Work nor interfere with or refive CONTRACTOR fivirn CONITRACTORi . full!. res ponsibiliiy therefor. coNTRAcTbR; schedule of Shop Drawing and'Somple submissions will be itceeplable' to ENGINEER as pToviding a wart -able arnuttgement-fitir. reviewing aiid processing the required -submittals CONTRACTORN schOule of values will b.a acceptable to ARTICLE'3-CONMOLCT DOCEMMS: ENTENTi AAMNDING, REUSE Intent.', 3,1. The Contract Documents comprise the entire agreement between OW&M and CONTRACTOR oamcerning th' Work. The Contract Ducurnerriits are complementary, What is called for byonc'is m-bihilinj asif called for, by all. The - Contract DoEi.iments will' be ,cmw . mod in accordarice with the Law of the place of,the Project. 3.2. It is, the intent .of the, Contract Documents :to 6XI)COENUMCOMAMOM 19104 q9946difim ) W(QTY bF rORT (-OLLItZMODIFICATIONS (P.EVAnO(i))' describe a functionally complete Project (or part-tha*)6 to be constructed in accordance with the Contract Elocurnents. Any'Woik. materials or equipment that may reasonably be infcrrcd1crn the Contract Documents or ftoln prevailing iiusibni or trade us-86C as being required to produce the intended' result bill be famished and lrlod whetlier or not.speeifically Balled f6r.. When" performed -words or,phrascs,whichhave'a wall. -known technical or construction industry of trade meaning are Used to dcscribe- Work; mat"Iiior equipfficnt such words 6r phrases: shall be interpreted. in iiccordanie With that meirrung. Clarifiics6n ;n�dhiaprctatwrisof the Contract Documents shall be Lkwed by ENGINEER as provide in Oars '.ph 9A., 3.3., -Reference, to Standards and S*cificarimir of, Technical Smicties; R4witing, and Res6hilig. Discrepancies; 111- Reference to ' standards, specifications, manuals or -codes of any technicsi society, organ=tson or association, or 16 the Lawn or Regulations,of'qny gavcrranental,zuthurity, wvhvdicr such reference be specific or by irnplicaiion,• shall mean the latest itandard, specificntibri., mrinmi. cr4c or Laws oe RegulationsintAct at the time t?f opening ofBids (or; on the Effective Date of the Agreement If there were no Bids), except as nitty be otherwise: specifically stated in the Contract Documerits 112. If; during the jxrfortridnoe of the Work, cayrizAcToR discoyeni any donflict, error, ambiguity or discrcpancy within the . contract Documents or , betwcin the: Contract Documents and any provision of any such Law or Regulation applicable to the perfbrmiaj:trof the Work or of any such standard, specificatio ft, manual or codc or of tiny instruction of any, Supplier referred tb in paragraph 6.5. CONTRACTOR "It report it. to ENGMER in writing at once, and, CONTRACTOR shall not proceed With the Work afl&txal thereby (except i ft'an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has ban issued by one of -the methods indicated in pnragvrp_h 33 or 3.6: jyoviizfed. however. * that CONTRACTOR shall not lie ,fiablelo OWNER or ENOMM-R. for failure to, 'Vi:h Conflict, error. ambiguity or 'CpffTyany Unless -CbmTRACTOR knew or reasonably should have, kn6win thereof 3.33: Except as otherwise specifically stated in the Contract DociaramLs or as , may be vided by amendment or supplement thereto issued of the methods indicated in paragraph 35 or 36, the prWisions of the Contruct Documents shall take prm-edence in resolVing ;my c6nflict;,errur, ambiguity or discrepancy'bctWVcn the P-rovisi o of the Co'n1ract Docurnerds and: 3:3.3.1. the provisions of any so& standard, specification, maniml.'code,orinstruction (whether. or nQtrs0CCificaUy'idCbrpar8tcd by reference in the ,(-'An,rhct Documents); or I [1 3,3.3:1. the pmvsons of any such' Laws or lteguletims appli ahle to .the performance of'the Work (unless' such an interpretation of the provisians.of the Contract Ducunients Wouldd-MUIL m violation or such Law or Regulation). No provision ofany.such standard, specification; manual, code or instruction shall be effective tgchange ,the duties aridreS0_ortsilalitjes of OWNER, CONTRACTOR or ENGDNEF;R; .or any of their subcontraetors, cortsultams, agents or employees from those set forth in the Contract Documents, nor skill it -be effective to asm'Rn to M ER.. ER or any of F14MEER s Corisultaias, agent9 or s my, du�ry;or authd my to supervise or direct the s, Or'perf(A once of the ' Work or any duty or td undertake responsibility inconsistent with the r of pimaraph 9.13 oran y other provision of the 3.4- Whenever in the Contract Documents the terms "as ordcied'.,"as.directed', "as irequired','"as allowed "as approved" ar terms of like effeor import areused; or the adjectivesct "reasotiable" 'witable", "acceptable', "proper" of "satisfactory' oe. adjectives ofld.e,efrect or import are Used todescribe 'a re(uiremait,direetipR. review of juilgttent of II;I lGLWG .11 its to the: Work, it it intendcvl t}mL semi re' emert; direction review Or judgment will, be solely to evaluate, in geoeml, the completed Work for eompliancz vnththe requirements of and inteamatrm'in the Contract l7ocuIn and.conformance with the ..design concept of the completed Project as a functiSning.whole'as shown or indicated in: the Contract Documents (unless there is'a specific statement:,irtilicalirig otfi wise)_ The dse of DgGLNEER any duty or authority to supervise or direct the furnishing' it performance of tho ,Work or any duty or authority to undertake rrsponsibility contrary to _the provisions of pitra ph 9.13 6r any other pro4i%loh of the Contract Ducirments. :4meno5ng and Supplemenring,Contrad Documents: 3.5. The Contract Documents may be umended to provide Tur,additi6ris; deletions, and revisions in the Work. M. to modify the, terms am conditions'theicof in one or mire of the fullowjng.ways' 3,5.1., a fororatWrittat AmendmenC. 3.5.1 a Chauge Order (pursuant to paragraph 10,4),. or PX'DCt)h'NF7t.1L,CO�U1770M{1411i$ (17Jn Eililianr wl Q'tY OFFORi.COLLiNS A10611fiCATIORS (F�hy dapi)Oj 3.5:3: a Work. Change Directive' (pursuant to paragaph 10.1), •3:6. In ,addition, the requiicmcnts, of the Contract Documents may be supplemented, and minor variations and'deviations. in the York may be-iuthrfiti in one'or moic�of tha.following ways: 3.6,1. A rield or&i'(purst and to puFagiaph 9.s} 3.6.2. GNGQvT-wiaptaovatofaShopihawirigOr Sample (pursuant toparagraphs 6.26 and 6:27). or 3;6.3: ENOINEER's written atterpretation or clarification (pursuant to pemgmph 9.4), Reuse ofDacuments. 3:7. CONTRACTOR; and any Subcontractor or Supplier or other person or "organirrtiim perforrninp or furnishing, any of the -Work under a. direct or ualuect contract, with OWNPIZ (t) shal1. not have or acquire any tide to Or ownership nshits in, any of the, Drawings, Specifications. Or other documents (or copies of any thereof),pre __+red by nr bearing the sgal of ENGINEIiRor NGMER's Cansultnn;:and,(ii) shall not reusc, any .of such Diiwings, bpecificatietn, other documents or copies an extcits'idns of the Project or any either project without ARTICLE 4-AVAILARMITY OFLANDS;, SUBSURFACE. AND :PHYSICAL' CONDITIONS; :RF.FFRFNCE POMS. ,ArailabilfN gfGandsi 4, D_ OWNER shall furnish as indicated in the Contract Documents, the lands,upon which the ' Work is' to be performed, rightsof--way and easementsfor access thereto, and such other lands which are designated for the OWNER shall identify .arty cncumbnmces or restn-CM not of gencral application but specifically related to rise lan& so furnished with which CONTRACTOR Will le to ccnnply. in performing the Work. Easements comrRACTOR and OWNER' arc urajble to agree on entitlement to or the amount or extent of any :adjustments' in Use Contract Price or the. Contract Times as a result of any delay in OWNER's furnishing these lands. rights -of - way or easements, CONTRACTOR may make a claim therefor as prtrvidid in Articles t l and 1 5, CONTRACTOR shall provide for all additibnal lands and access thereto that. may be required, for Iempornry, ix�nsiuruciim fticiliti6i -or stoiag5 of -materials add 4 iinnent - ,f, 2. Skbsw re and PqsteM Co"otir. 4.2.1 Reports "and Drawfngs: Rvierence'is made to the SupplementaryCmditi6riss for identification of-. 4.2-1-1. Subsinjoce Con& tions:. Those reports of contiguous • to the site that have been, utiUrd -by EN-GMER'in preparing the Contract Documents: .and 4,11,2_ PL 'cariditiats in arYclatng to existing surface or�.sj: ' s ( __Y "'Pt lJndcrgmund Faeuhttesj. that have been u.. by ENGINEER ii preparing the Cuntmet Documents. 4.22- I.Wied Refiance by COMMCIOR. Aul hodze4l Tedvzical,bara:, _CONTRACTOR -may'rely' upon the gencraPaccin-acy of thi "tedimical -data" oori6ined inisiicK reports gs and drawings. but such reports and draviuni* aranot Contract. Ddciimimi: Such *technical data" is identified inthe Supplementary Conditions, Except for such reliance on such "technical -data'; CONTRACTOR may not rely upon or makicany clainn against OWNER, HNGMER or any of ENGINEER's Consultants with.fespect to'. 4,2.2,V .the complacnesia &such'reporls and !kTIWaW for CONTRACTORS' purpos;Ds. including, butt not limited toarty aspects of the, equences and procedures, of rvto'be 'sequences. employed by CONTRACTOR arid safety precautibm and programs LM Iderd therctoor 4.2.2.2. other dant, interpretations, opinions and idarmation containedin such repots or shown Q indicated in such drawings, or 422-3- any, CONTRACTOR interpretation of or conclusion drawn from :any 'technical data' or anysuch data interpretaticavi, opinium or 4.2-3- Notice of Differbrig $445inl4ce or Physical if owmc rOR believes that, any subiurface or physical condition at or cc"] g-u-uus to the site ftt:is ufficuvered or revealed eidicr: 4.2:3. 1% of such a nature is to establish that any 'tedisirtical data"oh-Which'CONTRACTOR is IV: itledr(6.iely HS provided inparagraphs 4!2A and 2.2,is materially umucii'mLe. or 412.3.2_, is of such H , miture, as to require a. change in the Contract Dc;cumcm]& or - 4-7-3-3. differs materially from that, shown or SIMCGENUM CONUTIOM 1910-8 [100 Rdifim).- wt crry otirowr WI: M MODIR CNI-I QNS IREV 412 000) incliented'in the Coitract Documefim, or 4.2.3.4. is of an uhusual,naturc, and diffim materially from: conditions *ordinarily encounLered and,gc!. reco cmuy* 'zed a's inherent irC work of gru the character provided for in' die Cotitract DoLuments; them CONTRACTOR shall;, *mptly immcdiateli• after becomiiig aware therco'l- and before further disturbing conditions affected thereby. or performing any Work in connection tht�cwiifi '(except in in emergency as. permitted by pamgmpK6.23), notify OWNER and ONGINEER in wrimig, about ,such condition. CONTRACTOR shall not ftirther disturb such conditions orperform any Work. inco!tn6.ctioh'6crcwiih (cxccpi m aforesaid) until receipt of written order to do so. 4.2.4. ENGIAWERi Review. LNGINEER will pimptly."review the pertment.ciinditions, determim the necessity of OWNERs,obtauung additional exploration or tests with respect 'thereto -and .idvise-O%VNFR in writing (with a, copy to CONTRACTORj of ENGINEFR's findings and conclusions. 4.25. Possible Contract Docaminty,I-Cliartge: If ENGINEER cc=lud6s that a-. chafige in the Cohtfact Docurnertts is roquiredas a result ufacondition that meets we or more of the otegoricii in paragraph 4.2.1 a Work 9178 , Change Diroci6vcor a. Change Order will be issued as provided in Article 10 to reflect and document the ,consequences of such change, 41.6. PogOje Price and •'runes .44um)?wqm, An equitable ndjustm.ent in the Contract. price, or in, (he C6ntra4t;Timm or botlL will be allowed to the extent that dic exikiciictof'such, uncovcred or revealed condition causes an increase ior decrease�ia CONTRACTOXs cost of•or Uric niquiteJ for perfbi�nancc oC. the Work.; subject, however; to the follow ng: 4Z6.1. such condition must meet any one or more, of , the categories 'described in paritgraplaA.2.3; I dirikigh*4.2;3,4, imlusivq; '4 -2,6,2 a chinnLe in: the Contrict Documents pursuant to . paragraph, , ph, 42.5 will notbean .automatic aWt6rizatiim of we a condition pr&cd,int,10 enUtififfit to any ilaCh 4jUStMMtj 4.2:6.3. withrespect to Work that ia paid for on,ii.Urut Price Basis" arty, udhustmcrd 6 Contract Price will be subject. to the. provisions of paragraphs 9,10ard 11.9; and 4.2.6.4, CONTRACTOR shall not be LinitiLled toary.4djusinehi in the Contmct_Prica_or7Tuncs if, - 4.16AA CONTRACTOR knew of the ,existence of such conditions at the time 'CONTIZA(MA' made a final commitment to OWNER in respect of Contract Price and Contract'(imrs by the I I I I I I submission :of ri bid' or bacoming,btijrid . underundera nq_,ptm'1cd contract: or, 4.2,6-4.3 ' the existence of such condition could reasonably have been disemered or revealed as A result of any. omminaticm investi gation. t:xplomtiofi; test or study of the site and contiguous areas : rquind by. ' the- Bidding, Requirements bi'Contruct Documents to be conducted by'ar for. CONTRACTOR prier td:C0NM442T6F&-making s6di Cmil; commitment; cir 4.16A.3. CONTRACTOR failed 'to' give thic'writtcri'noticeWithin the time and 'a's required by paragraph 4.23. ir o%mm and CONTRACTOR are unable, to agree on .entitlement to or as to the animant or lcnh, of any such equitable - adjuszmciu,'in the Contract Pri c or. Contract Times, 4 claim may be made therefor nis provided in Articles I I- wid 1-2. However, OWNER,. ENGLNFER- and b11GVEFR,s �Coftsulmnt a shall, not be liable. to CONTRACTOR, for any _cbims,,costsl to.-neR or damages' susL-iinedbyCO'.qrR,%CTOR-oA'6r,*tin conricctiiihw th any other project oranticipated 'project 4.11. Shovi or Ine6cated.The informnlion'artil data, shown or indicated . . With res, pect to existing Underground FaciWi s at or contiguous to the site is based on ido6ation:and data hirnished EP OWNER. cr ENGMFR by the ownem of such LIndergrdundFacilities orbyothers. Unlez-it.is otht:f%visd expressly provi&d,'in'' the SurPleffientary Conditions: 43-1.1. OWNER' and ENGINEER shall not b6 resporisible F4 thi accinFiicy or completeness ofarri' suck ihfunmatic or data; and 4:3.1.2, The cost bl"all'of the followingwillbe included in the Contract Price and CONTRACTOR, slirill have full respi!wbility " fon (i) reviewing nrid checkiriR'aU sorb kb . inafionand data, (ii) locating at Underground! Facilities shown or indicated mi. the Contract DorumaU(ii) c6ordinaficn of the Work. with tfie owners of such Unde . rground Facilities during and (iv)the safety, and protection of all such Underground Facilities as provided in paragraph&20 and repairing any damage thereto resulting fioni the Work. 4.3.2. Mot'Mio)nr' or huNcauck If an Underground Facility is L=6vered or'reyealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR. shall, promptly immediately af4r becoming aware thcreofand be ore further disturbing conditions :affe cted thcrcby or= -rfomiing anyMdk . in connection 6crewiih (ekeept. in. -an ernmgency as required by paragraph 6.23),, identity thi owner of such Underground Facility and &K=(JKNMt.00Nl)JT16d49lU$ (1990 E;tkticn) W/C3TY OFFOR i COLLIM 40tAFICATION9 (RSVR2000) give written notice to that owner and to OWNER and LNG MPR_ El3GINEM, will promptly review the Undcrground-Facility -and determine the-czdcot, if, any, to which a change is required In the- Contract Documents to rc&ct and docutnicnr the cc,=q_uc'nc'= of the edstence of the Underground Facility; If ENGINEER ,aancludes'that a -disinge'in the Contract' Documends; is rNuired, a Work Change Directive ;ora Change Order will be issued asprmided in Ariicle 10 lo.re * fleet and!docurnent such con5cclucriocs. •Donrig such time, CONTRACTOR 4%H'be responsible for ilia- sifay and proiiciiaa 'of 'stA 'Unn1eigi:ound hciliry as amoph 6.26, CONTRACTOR IUMMay be allowed an increase iii thii Contract Pce or 'an extension of the ContractTunes, or 6th, to'thc oacra that they arc attributable to the e2iistencc of airy UndaWirund, Facility' that was not shmvn.or indicated in the Contract Do6uments and that CONTRACTOR did riot know of and mukI not reasonably have been Tc' :d to be'aware ,of M to'have sinticipated. IfOW OWNER and are unable to agree on entitlement to or the amount or length of any -such aaqfiustmcnt in Contract Price or ComraCtTirnM Cor mc,rOR may, make a claim- thereforns provided in Articles I I. and 12. However, OWNER, MMMM' and ENGINEER!s ConsultimLs shall not be liabletoCONTRACTOR W .any, claims, costs,_ joiiscs, or damagcs'_ incurred or sustained by CONTRAQTOR'on or in%comectiori %iiLhariyother project :oranticipated project Reference Poinm 4.4. OWNFR shall provide cn pering surve ys '_ys to establish reference: points for conqtruction-whicli-in ENGINIM's judgment are necessary to enable coisrrizAcTOR to procced With - -the Work: CONTRACTOR shall be responsible. for laying out the, Work, shall protect And preurie the cstablishe&reletencs poi* and shall make no cfiangcs or relocations with6ut the prior Written approval of OWNER 'CONTRACTOR' shall report to MqGMER whenever any reference point is lost or'de&ojed'or requires relocation because of necessary •charigm 6 grades or locaticins. and shall be responsible for the accurate replaceinent or -relocation of such reference points by professionally qalified 4.5. Asbestos, I'M, Petro4uar.,Vazardaus Waste 6-r Radjoactive Afateifak 4.5.1. OWNER shall be responsible a any Asbestos, PCBs,. Petroleum, Mazirdom Waste or Radioactive Material uncovered or revealed ai the site: .which was not shown or-indinted in Dmwings.*(i Specifications or identified in the, Contract Docurfietts.to be within the scope of the Work Md -Which may present a -substantial danizer to persons or, property cVcscd thereto in connection with the Work at t}ie site: OWNER shall'rta be respkmsiblc for any, suck materials, brought to the site' by CONTRAuok, suboontractom su I' 'anybpeelk for whom CONTRACTOR 'Is'. responsible. I -ARTICLE 5--BIUNDSANV INSYRANCE' PiTi4rmariLe, Pajunentand 0th_erB.ondL- 53. CONURACTOR%shall funnisliz Performance and 1,21"Ient Bonds, each in an aniount.ittleast equaL to the C =act Price as security for the faithful performance and payrricrit of all, CONTRACTORs obligatk-M? Under the, Contract Docurriehts: Thm Bivids shall rcmaih:in effect at least until xie year after the slate when Gd pay 7n . ent becoffies due, except as provided, otherwise " by. (Aws or Regulations or by the. -Contrita Documents. CONTRACTOR shall.vils-ci Furnish such othei Horids-as are requiredby,the Supplinnicntary'Conditions. All Bonds shall be in the form prescribed by, the Contract Documents Cece t as Provided otherwise by Laws or Regulations and "Tbe mucutod by such suretics,as are named in the iiintot list of 'Companies Holdi - Certificates of Authority as AA.,x Bbnds and at- plable Sureties on Federal Acceptable Rems - un . ng Companies. as p I uhimhed in Ci=lar570 (amended) by the. Audit;Staff. Staff. Bureau of Govan. ent Financial Dpeniti&ns, U.S,I'rti6sury DeP;titment All bonds sigruccl lry an agent nitisit be acconipanigil by'a certified capy-of.such agent's authority 52. Ifs the surety. -on any Bond furnished by COWRACTOR is declared a bankrupt. or becomes ,insolvent Or it-, TiFht to-do busitiess-is terminated -at- any statii where any part of the,Prqct is lcicitcd',or . it ceases to meet the'irequirements.of paragraph 50, CONTRACTOR shall within ten days flicreafter'substitite another Bond and wdybrith orwhich trust be acceptable pi OWNER. .U.- Licatsed Suredex, mqii Insurers: 'Cartiftcales of 5.3,1. a Bonds and insurance. required �by' the Q3ntract Vo6unients to tx:pu�cbased aNmairdained by ,OWNER or CONTRACTOR' shill -be. ckt:iintid from surety or insurance, CoMpartieS that I re duly liderised or suthoriid in the Jurisdiction in which the Pin6ject'is locat6&to issue Bo;iijs or iriunance policies for the: limits and covern4as so niquifed. Siichiurety and''utsurance comparues shall also meet such additional rcquirements_and quaLificat'io m- as may be pi,9V,iled i , n the Suppleme4ary Conditions. 5312- CONTRACTOR- shall deDei. to OW AviNER, iLh copies to - each additional 'insured identified at the SupplemcntiuyConditions, certfcates of insuiance (and other evideince of usurun.ce requested by, 0%&WM or any other addiLiuml irisured) which CONTRACTOR is required to Ourclast:.arid-mikitaiii - In - of pMgMphS 4�2 &FHI 131 OF Sol; Raiheaulivn -OF Fwealoa� the site; GICDC 0MYM CM41"01-4191 Q-S(199VF(S6M)' w/ CITY OV PORT COUR48-MODLIFIC.A11ONS I1t6A'4qG0U)' I 11 I I I I I I CMTRACTOR'i WhIfit y triwatici: 5A, CONTRACTOR shall purchase and maintain such liability -and other er insurance as ake for the Wwk Is 8pp li being perforrm ed find ftimished arias will rrovide protection from claiins. set forth bcicwr� which May arise out of or result from CONTRACTOR's perf6miance and fizirrishirg of the Work and CONT'RACTOR's, other oblipticnis wider the Contract D&umems. whether' it into be performiish my ed or fiarri ..0 by qONTRACTO.R. subc�'ctor' u'r- S'u"piplicr.. or by anyone directly or tridweal employed hyany,of _- them to perform or famish any'of L Work. or by rrfiy"fts whose acts any of thcari may he 6ble. 5.4:1. claims under workers! compensatiom disability benefits and other. similar employ= benefit acts; 5AI claims for damages becausq of hodily injury: occupational. sickriess! UE :discaw.. a death of COKrRA(--r,OR'% employees, 5.4.3 claims fiai damages because of bodily injury, sicknc.m.oT aisz,asc, ar'death of any person 6ther.than CONTPACTOR's employq&T, It 411H'Offeffld diMilIN'OF ethef reasom '5A5, _claims the For,damagc_- - to �Vork, , other than itself.- because Of iijitty to or destruction'of tangible pr6perty Micrever,' loc�d�' including' lW.'ot,uSc resulting therefrom,. and 5.4.6. claims, for damages because of bodily irriury or death U nny person do pers mar = age V out of . the ownership, rmiinleraurk4, or use Of' Emy motor vehicle, . The policies of insurahce-so required by this,paragraph 5.4 to be ixirchaied dixJ maintained,sh-all - 5:4.7. with respect io insurance required: by piragrephs 5.4.3 LhroughL - 5.4:6 inclusive tnd�5.4;9, include as, additional inSi'teds (subj&t to, any customary exclusion in, respect of *riessional liability). OWNER ENGINEER, ENGINEEKs C6nsulwnis and_any other:persons m entities identified in.the Supplementary Conditions all of whom shall be listed as additional'UnsInds, _nod include conteml;e for th.e,,rcspecLive..ofG,ccrs and employees of all such 5.4.9. Zaelu&, the specific coverages and be. written for not less than the limits of liability fircrvidcd in the Supplementary C"tioris or re-Ouired by Laws or R6gulatiorm whichever is greater, 5-4-9, (hchide completed operations insuianw,, wi a,ry of FORT GOLLI M N10DlIFICATI0fQF8 (R.ffV V2000) ��4.M include contractual Iffibility, insurance covering overing CONTRACTOR's indenirtity- obligations under paragraphs 6,12� 6.16 and 6.31 through 6.13; 5.4.11: contain's provision or endorsement that the coverage afforded will not be - cancelled,- materially changed or renewal refused until 6t least dtirly days. prior written notice has been given to,OWMR and CON R.VTORand to each ether additional -u'wj-rcd identified in the Supplementary Conditibms ta'wham a. Ceiilficzte if Insurance has been 'issued (ald.& certificates of.insurance furnished by . the CONTRACTOR purstraid to paragraph 5,3J will so provide); 5.102: remain in cifout at least until (Inal payment and at all iiinds thereafter when CONTRACTOR may be carroctirt, removing at replacing aefective Work in ali.ccpdarfwkithparagraph 13:12, and 5.4.13; With rvVect to completed operations insurance, nsurance, and any insurance coverage written aten on a claims -made basis, remain in effect fer at least two year attar fin:d,Mmcnt_(jtnd CONTRACTOR shill "ih'QWNER land.eac4i Other -additional insured idem- ified in the Suffikincritky C,anditions, to.wh6m. a certificate ar inswunce has •bizen,Asiled evidence: satisfiic','to OWNER and.:anyr such ridditional irm"cd of continuation of such insurarrWaf final payment and one year therea ). OWAER'.v VaNgry Itisurmce: 55. . Inaddiflon-to insurance - required ,to' . lie provided' by CONTRACTOR widei parsigraiph,5.4, OWNER -at, dwmxs option. mit¢ purchase arid maintain At OWNUUs expe* _OWNER's owri liability, ItIsurarroa as will prolect OWNER ap inst ciiiiina which rnayaiise froin operations under ihi Contract Qocunients. Ifisitnince:- ->.6. . I _Coridtncni--4WNUR—shall" Land --maintain ---HFt ftumons).—rhis4ris-wance,hall; _Q;GDJ%GR!i C trails entifies-iddrifified-iri- efth-Or4hom-is-de,emed to rind-sha 9b* liswd 1"minsiined cir-additiom speft Pefa 6F speffi—a- __HH that qlaill Al,Ifflsl_ FIRFARPA teffir-AFS , hu"" rimi ;Vmi, in t and 51 PUPeF QUI'�MR PM W be; JFIGM�RRW.'-O. '6-' en Rn 7-- ,"led 5.9.. OWNM shall not berosponsibld for purchasing. spmial ��ea b ifirAudej —iB PRONly 'iRSIN to GWITP6�QTOR by upp., 41 61 owa, isd I(Y wict-ry6GroR-ro6LLjM-NiC?DiklC.VrIDNS(RLV4CO4g))' wsithtg "-;mnm -h-as �e� pmG�d by OWNM mt. 0 M=ze -Rgetlts warty of A 41%�ke poh(p), ma tained by q;kllw�uev "' 110-a. ihis 7 1, I�e etpetim wnsequential law recover),- tNG =DUPR4, Receipt and.4ppacalion Of Insumnee, Prome4k 5.12. :Any insured doss under the politiies of insurance required aragraphs 5.6 and 5..7 w dl be- a&sbed, With OWNER Urnade payable'to OWNER as fiduciar.yXbr the insureds. as . thcw* urteresb. may, uppear,,subicct to the reiryinzenents.of any applicable, rncrtgagi: s4quie- and 617 panagtaph 5:13:01VNII2 shell' deposit. in a S;pantte aricaum any money w received; and, sliall distribute it in accordance with such igrcement as tire parties in interest may i ' erich Itno ether special agreement is reached the damaged Work shall.be re ' inid or nfila6cd. the pa moneys so received applied on aouourit thereof and the Work and the onst,thereof covered by an approlrniatc,Change Order or Written Amendiment.. 5.13' OWNER is fiduciary, shall have power to adjust and settle any loss with the• insurers unless one of the parties in interest shall object: in writing within fillech-day5 -aftei the occurrence of.losi to OWNER's.exercisi of this power, If such objection be made, OWIVE9�as Fiduciary shall make !iuknient with the'insurers in accordance with su6.= si.thc parties in interest may hay reach, '4 Ina such among tits parties in interest is rcachec4- -Acceptance ofBonds and Insu ce- Op tion to Replace: Partial Utifizadon—Propeny Insimitnee.-. 5,115. If OW`NER� finds it necessary to. occupy or use a portion, or portions of the Work prior to Substantial, M',DC(J6NLRAL,CO.'%'DITIOC.t,19104 (1990 Eciticin). W1 aTY OF FOR. fCOLLINSMODIFICATIONS OkEV -112000) omplotion of aU the Wortsudl cy m be accomplished in accordance stir or k4,10('Y�. alit such x or occupaney-shall'commcnc I c rforMthr-Imurers pr(wid-quz the property insurance have acknowledged notice therm and in, wn" '" effected any chiinges in 'c6vernge neceniitated thereby. The insurers providing the property, insurance shall crinscriL by endorsement on ft,poficy or poficics,, but, the. property insurance shall not be cancelled or permitted,to lapse on account of any such partial use or occupancy; ARrICLE, 6-CONTRACTOR'S' RE," . I!IiSMUTIES' Supervision and&penntendence 6-1- coisuRAcrol? shall su(i Isc, linspecir and direct three Work competently and cfficiitintly, devoting such atteriiian thereto end' applying, such -skills and c�qxrtisc:as-may be to perform the Work-in accordance . with n7hrx-Continct Documents. solelyCOMMACTOR-shall harcrq . inns i6le fci the means, methods, techniques; scq - uences and piroceduriis 'of - conxtruction,;but CONTRACTOR drill not be responsible for the- negligence or others in the design or -specification of a spe i;4k . means., method. tochruclue. sc4nc uee- or procedure of constracti6h which is shown or *indicated in and expressly required by the Contract Qoeumenits. COMMACTOR shall:'bc resparttibli: to, see that the completed Work complies accurately with the, C6ntraZt 6.2. CONTRACTOR shall keep on the Work at aU timer; •durir* its pr6gress 4 c6rnpet int tesident .. superintendent. who shaU not -be replaced without written ftotice, ' to OWNER anal' MIIGINEIIR except Under octraordinary,cmimstanccs.- The superintendent will'be CONTRACTOR'srtipresemative at the site aM'shalll have uuthcrity to act on biihilf of CONTRACTOR, AM communications to thesuperintenclent ihaU be as binding as if givcin to CONTRACTOR Labim, Alaterials and Eqsdpxewt.-, 63. tONTPUXCTOR sha]T providecompetent suitablyqualified personnel to survey,survey,, lay -out iind construct the Work -n rojw-ed by the, Contract DoEh-mems. CONTRACTOR %hall at all - MPW discipline arid order at the site. Except as otherwise rtiquirod• for,rhe� safety or protection of persow,or the -Work or property' at, the• site or adjacent• thicieto, and except asotherivise,indicated in the Contend .D(kumenti, all Work at the:site "U_bc performed during regular working'hours and CONTRACTORwillnot. permit overtime work- or the performance of Work on Saturdiiy,. Sunday or any legal holiday. without OWNER'S -xviittcii cament given after prim written notice to ENGINEER- - CONTRACTOR shall submit MBKSIS to the LNG no less than .48 hoursAn advance of any Work to Ix performed an Luturday- Sunday.',Holidays or, outside, the Neeularr Working Hours I ^'�� 0� Financial Services i`.r Purchasing Division Fort Collins 8 215 N. Mason Floor PO Box 580 Fort Collins, CO 052522 ' 970.221.6775 970.221.6707 Purchasing fcgov.com/Pu chasing ' ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7263: Downtown Conduit Backbone and Laterals OPENING DATE: 3:00 PM (Our Clock) August 8, 2011 To all prospective bidders under the specifications and contract documents described ' above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 — Questions & Answers Exhibit 2 —Additional Federal Requirements ' Please contact John Stephen, CPPO, LEED AP, Senior Buyer, 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. 1 Addendum 1 — 7263 Downtown Conduit Backbone and laterals Page 1 of 8 6.4: Unless •oficrw16 , specified in the Genemh Requirements; CONTRACTOR shall'finmish and asarme Cull nobility for all materials equipment, labor. transportation, ooent rrstruction .equipmand machinery. appbancm fuel. power, light: heat, telephone; water. sanitary facihtie; temporary 'facilities ind ,all other facilities ind Mcideraas necessary'[or tile' furnishing performance; testing, start-up and completion of the Work: 6.4.1. [ruches Restrictions CONTRACTOR must cxrmbiv wit '.the QtVs purchasing restrictions: A copy of the resolutions are available fur review in the offices of the Purchasing and Risk Wriagement Division or the City Clerl s office. 6A Z Cement-Restrictiorm City of Fort- Collins Resolution 91-121'reumires'that suppliers arilyrcxVum of cemrntta products cpmainingcemem tnceriifv that the cement was no[ made in crnient�kilns That that harardom wage as a fuel. 65. All materials and equipment shall. be of goat. quality acid new, except. as otherwise provided in the Contract Docoas. All'•wartnnties and guarantees specifically Balledfor by the Specificaiipna shall. eepremli runto.theWnetitofOWfNEI, Ifrequiredby'ENGTNEER, s of required tests) its to the. kind and ials• and •equip"t. All.' materials and be applied; installed comtected, crested, aid . cmdttioned..in. accordance with e applicable Supplier, except as: othmgise oraract Documents Rrogrewschewe.; 6.6. CONTRACTOR 'shell adhere to the progress schedule established in accordance with paragraph 2.9 as It may tie adjusted from time to.time as prow idedbelow'. 6.6.1. CONTRACTOR shall submit to ENGINEER for accepumc'e (to, lie extent .indicated in parMph 2.9) propmed adjustmaits in the progress ;schc le that will not charge the Contract, Times (or Milestones). Such adjustments will confirm generally t&the -progress schedule then in effect and, additionally will comply with any provisiors of'the General, Requaemeras applicable thereto. G.G.Z. Pnapo ed adjustments inahe progress schedule that will change the Contract Times (or ,tifilcsioncs) shall fie submitted in accordance with the requirements of paragraph 11E Such adjustments may only be: made by a Change Order or Written Amendment in accordance with Article 12. &7: Sub3thuresand'"Or-Equid." Item r 6.7.1. Whenever an item 01mate6al or equiptent is specified Or' -described in the Contract' Documents by, using the name,of a pmpt etaaryry item or the name of a. particular Supplier, thc�spcci ication or description is mtcnrlal to establish the type, function.and'.quahty required. Unless, the specification, or description El W(JENF7iN. CON=OM 010Bt199V EdiGail: 17. t"r CITY OF FORT COt:t.IMMODIFICAT10NS(REV 4/2000h' conmus'or is followed by words reading.that no Lie, equi6lent a "cir-equal" :item or no substitution is permitted, other items of, material or equipment or material or equipment of other Suppliers may be accepted by LNGINEER, under •the following circumstances: 6.7.1.1. 'Ur -Equal If in L'NGINEER:s sole discretion an item of .material or equipment proposed by CONTRACMR is 'functionally equal to that named and sufficiently similar si that no change m raiiai work wdliii recidveil, it may be considered by ENGINEEW-ris an "origtr¢l" item, in which case revieti and approval of'thc proposed item may;. in ENGNEfR's' sale diserctioR be nce6mpfished without compliance with some or all of the requirements f& aoceptance o f props md,substitutc items. 6.7,12. S'ubsifratg Items. If ip FNGINEER's.sole; discretion an item of material or. equippment proposed by CONTRACTOR does not qualify as an "or -equal" item under,stboaragraph 6.-7.1_IJt will be considered a proposed substitute item: CONTR.%arm shall submit sucricient information as provided hetow, to allmv� ENGINEER to deterinihe that the item of material or equipment proposed is.essentially equivalent to that named aml.an acceptable:suhititutetherefor. The procedure for review by the ENGMER will include the 'following, as supplemenkd in the General Requirements and as FsNGINI ER may decide is appropriate under the rircumstaricei Requests for review of proposed substitute items of material or equipment will not be aceeptal by ENGNUR from .anyone oilier than CONTRACTOR If CONTRACTOR wishes to farnisli or use a substitute item of material Or. equipment, .CONTRACTOR_ shall fast. make wriifen.application to ENGINEER for acceptance thereof, certifying that lie proposed substitute will -perflvtri ndequutely the hiiwtions and tichieve the results called for by the gencral.desfg4.be s6nilar in substance to'that specifiedand be suited to the same use as fiat specified - The application'will stater the extent if arty. to which'the evnluation and ucceptance of the. propiied substitute will prejudice 'CONTRACTOR'S achievement of Substantial' Completion on time, .whether or, not aoeplaiuz of the substitute hot use in the Work will iequoe a change in .any of the Contract Documents. (or in' the provisions of any otter diced contract with.OWNER for work on 'the Project) to adapt the design to the proposed substitute and whether or not mcorpuration or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of' prGpaseil substitute from that specified will be identified m the application and available maintenance repair and replacement service will be inclicattA The -will will also contain an itemized estimate of all cots or credits that will resilydireetly or indirectly from acceptance of such substitute, mcluding,costs of redesign'and claims of other contractors affected I I I I I J I I I 11 11 I I I I I I I by the g change ail, PC wNch wi . H bt wnsiilered' by; UNGMEM in evaluatini, the g subu�tc-:ENGINEER' pay re1o=gto furnish a(Utiohaldam 10r atFroposedsUstitute. 6.7.1'.3. COMMCTOR's Expenqd:. All data -to be provided.by CONTRACTOR ih,suppart of any proposed lorequal" it su§ifitrite item will �:at CON7fRAUFOWs c4xnse., 6.7.2.' Ahn lufe Construction Xfaiho& -or Phxedttnms.: If:a specific means, methott,technique. :sequence or prcccdura of canstructkn, is shown, or indicated: in :and 6rprmly required by the Contract Document%, CONTRACTOR may fluriLsh or u-662n R :stib§tituLo means:method. tochniq'ue, sequence •or procccluic of constrtiction acceptable to -ENGINEER. CONTRACTOR "I submitrsufficient illormation to ailow'ENGINEM'in F.NtMNFER!s sole disirPfibrira deterifiine'Lhat,the substituteproposedis cquinlent to that oxprm'ly called for by,the Contract Documems. T hi: procedure for review by 'ENOINEER will be simil&to'thw.rwvide insubparagra d pK6_721,2: 6.7;3. Enginves &aluatign, �ENGU4EER willobe allowed a,reasmablefimcwithrn whiiih to evaluate each proposal or submittal made _pukwrt to paragraphs 6.7.1.2v,xJ,6,7,'2): ENGDlEM will bothe` soli: judge of acccptability, No- "or-cclua or substitute will be ordered,*installod'or uLulizedikhout ENGINHER's prior written accqftPoC,%vhich.will be. evidenced by either a Chim. go -Order or an approved Shop Drawing, oNsR may. require CONTRACTOR to famish at MNTRACTOFZ!s expense a special 'peifiirmance gisanintee, or other Su .rety I with respell to any or -equal' or subs6tute. UNGWEER, will record time required •by ENGMER .and IINIGINUffIRi Consultants in evaluating subsu"tutes. proposed or submitted by CONTRACTOR'PtMimi and in -the provLsions of any other direct th OWNFR.'ffir wbrit on the Project) thereby. Whither or m-k ENGINEER' wituld item so , .ftoposed or submitted by TOR. CONTRACTOR thilL reimburse brthe charges ,of Ed NGINIEER an evaluating inch such As. 'COnceming Subcontmetom S"iers and 0em.. 6.8.1. CONTRACTOR shall not employ- any Subcontracter,-Supplieror other person. or organization (indiading those acceptable to OWNER' and D40INEER -as indicated in paragraph 6:8.2), whether initially, of as a, substitute, agaiiist whom OWNER or LNGINEER may have reasonable objecdciv CONTRACTOR shall not be required to empll?y !7 Supplicr or other person orlorganizaticin to, fdrnish & perform any of the, Work: agwiid whom CONTRACTOR has reasonable objiation- Cwvrnw*49 I L4 (I W(y E(litim) W/aTY OF FORT COLLIM MOINFICArIONS (REV -IRGOO) CONTRACTOR sImll perform, not Im than .'20 percent of the Work, with its own forces (that is, without suboontractinig): The 20 percent requirement shall be understood to refer to the Work the value of, which totals rtrit"Iewi-than 30 Percent -of the Contract Price. Bidding ncq4• require' the identity. of certain nI01cr PCrsuns. or T IF i !IV those are to. furnish the ialtern of materials W equipment) to be tied to OWNER im--9dvan6&ofdw sywified ribr, to the Effective bate of the Agmement for ENGINFER,of an y.such Subcofitmi:tor, Su'pblier or other person or orgaai*ion ftll'ocnstitute a waiver, of any fight of OWNER. or ENMINFEER. to r6w- I 6AL CONTRACTOR shrill befully responsible to OWNER, and 51tIGINEER for all am and missions of the Sulxomrfictorsi 5uppliers and other persons and organizations perform ing or furnishing any of the Wak-under a direct or indirect contract with CONTRACTOR -just -as CONTRACTOR is msporisible. for CONTRAGT,0Xs own acts and omissions. Nothing in the Cofitract Docunierits shall create for thi 'benefit .of any -such Subc6minctor, Stil*)h& or other person or dirgartizaticin any contractual rclationiihip between OWNER ,ur ENGMER end any such,Subuoritractor, Supplier br other person ' tibri, nor shiill'it'create any obligation on or organization. OWNER or,ENGIN M. to pay o"to to the payment of any moneys due any such ntiactor, Supplier ur other person ur organ . ization except as may 6therwise'be required by Laws and Regulati6ns, OWNER. or ENGINEER may furnish to any. Suhcontfl]cicr. supplier or other arson or,.organization evidence -Of amounts Paid to (:ot%rrRA(-I'OR in accordance with CONTRACTOWS",APPlications for Payment". 13 I 6,9,^ * CONTRACTOR shall be wldy responsiblefor scheduling and coindiiiating. the 'Work of &tbacratiacicis. Suppliers � pplie and other pttrsons and viganizations- Mf&ming or firinishing any of the Walk uhtlei a direct. or iWircct contract with CONTR.N(tTOR. 'CONTRACTOR shall reqwre all Subconiractors. Suppliers and - 'such dlhff.persons.aricl; organizations ;ierfarmind or fiinish4 any of the Work to communicate with the ENGINEMZ through 6,10. The divisions ifid sections of the Specifications and the identifications of 'any Drawings shall riot control' CONTRACTOR in dividing the Work among Subcontractors cir Suppliers or definearing:the Wedc to,be peifcfmiid by anyL*CnFiC trade; 6.11. All Work performed for CONTRAcTOR by a Subcontractor or Supplier will be -pursuant to an apycovi . atc':igrecincrit between CONTRACTORand, the S -,o ntradoir or Supplier which specifiwIly, binds the. Submnitirst6tar or Supplier 16 the applicable terms and conditions of the contract Documents: for the- benefit of OWNER arA ENCYINIFFiR. VAievirer-o'h agreimen Patent Feesand Rojuftm&- 6.12, CQNT'RACTOR shag pay all license fees -and royalties and assurne all costs incident. to the use• in the perfiintiance of die Work.or the incorporation in the Work' of any. invention, ilLmijr% process, product or d& ice which is the subject of Iiivreri rights or copyrights held by othersL If a particular iirvention. design Itibms, pioduct or.devide is �)caiicd-'in the ,Contract Documents for use in the performance of the Wed. and'if to the actual knowkMge of b%V.\MR or 5R\1GftTM-R its ibie is subject, to patent rights or copprighti calling f6r the payment of any license fee or royalty to others, the mistcrice of such rights siiall be ilisLlvsa!'byUWNliR'inUme CantractDuotmteNs. To the, fullest extent permitted by Laws and Regulatimi, CONTRACTOR. shall indemnify and hold harmless owNoz, Consultants and the officers, db-,Z-tcr& employees, agents and al�er -consultants of eSLh and -tiny of than firofil and apifist a1claims, costs, lossm-and damages arising.oul of or resulting from any infringemont U patent rights.or copyr . Wits incident to the: use in the performance of the WA- or resulting'Frum the incorporation in. UxWoilk. of ariy inventim design. goi: not product or device ns-pecificd in the Contract SkDCGENULALCOI a"OM 19to-S (1qYvud6cril, 14 WIMY61iFORT OOLUtZ.kiODDI'C.kn[)NSat-EV4(20(X),) Permits. 6.13. - Unless otherwise proi-Ided'in the Supplementary Ccoditions, CONTRACTOR shall obtain and fur , I shall wristrructiowpermits and licenses:. OWNER assist CONTPACTOR, when n-wesmi-y. in obtaiAing. such permits and licenses: CONTRACTOR, shall 'pay all governmental charges, and � inspection fees necessary for the prosecution of the Work, , Aich are appliwblc -at, the time of opening of Bids, or.. if thcirc •ave no Bids, on the Effective Date of the Agreement.' CONTRACTOR,sWl [jy'ajl'aLat• of oldity oWnEiS.for Loonnections tou-ihe Work, ancl OWNER shall pay all chates of such utility owners L for;.Capi6l'costs. related dicreto such as Plant investment fees. 6.14 Laws andRensdations: 6.14: 1. CONTRACTOR- shall glivv all notices and comply with all Laiv.i, and Regulations applicable, to fil =.'. ind'perrormarice of the Work. Except where otherwise"r-Vresshr required by. applicable Laws ,and Regulaiions,' neither, OWNER nor, ENCIMEER shall be responsible fai motititoring CONTRAMORs cmpliancc ixiiih any LAws Regulations' 6.14,2;, IF CONTRACTOR performs any Wrirk lcftQwLng or having reason to know that iris obatt-Uy ,to laws or Regulatioris,' CONTRACTOR' shaft bear all, claims, post%, losses and damages caused by, 'arising out of.or resulting thdefitcafi;!hawcvefjt %hall not be CONTRACTORS primaryresponsibility .to make certain that the 'ipccificr%66nsand Cirawings am' in ficcordanw- wiih Laws and Regulations, but this shall not relieve CONTRACTOR . of CONTRACTOR's oblipAiiing under paragraph 3.3:2z Taxes., 6:15,, CONTRACTOR shall Foy oil niles., consumer. ,use and other similar taxes. required tei'be-'paid by 'CONTRACTOR iii'accordance with the Laws . and .Regulations of the• placd of the Project which are applicabli during the performance of the lkoit 6.1 i. 1. OWNER is e.vrnpE livin Colorado State and local sales, and. -use nixes cin materials to -be �Ssidu&es shall not beincluded in theContrect Price. Address: Colorado Department of Revenue -State Capital Amick I I I I 1� I I LI I I I 11 I I I I I L I 1375SIiermanStree . Denver- Colorado, 80261 .Sales end Use Tires for the• State of Colorado Rerdorml Transportation District (RTD) and-cLstarn Colorado -counties =1 collected by *the State of Colorado :and! Am; included. � in , the Certificatioff - of Exemotion. All applicable Sales and Use ludima State M collected tares),on items U-10"Paconstrudion and buildiniz materials physically incorporated into the to be id h , CO 'RACrOP and are to bid items bemcludedon Use of Prendses.-, 6A& CONTRACTOR. shag confine construction equipment, patent, the storage of mat"Isiuid'equipment and the =tions,of workers to the site and."land' and arcF . ts- fled in and permitted by the Contract Documcrits,and other Ism and -aretis pe rmi in _edby Laws' and Regulations. rigfits,-of-wzy, permits and casements, :ands shall riot unreasonably encumber die premises with consmmuitift equipment or other materials' or equipment. CONTRACTOR shall assume Nil responsibilJLy for zinty' damageor to any such land 6i area ' to the owner or oudupant. thereof or of any Adjacent land or areas; resulting tiorn this pertbrman& of the Work S-houU At* cliini'be made, by any such owner or, occupant biceause of the performance'of-the Work, CONTRACTOR shall promptly $due with Adel, other party by negotiation or otherwisere resolve the olaim by tirbitration or other dispute resolution proceeding of at law- WNTRACTMshall, to the fullest ectent,peiinitte4 by Laws and Regulation-, indemnify.and hold haubless' OWNM UNGMER, LWG04E M-Is Consultant and any-ohi: directly or indirectly employed by any ofIhciu 6om and agautst all claims; costs, losses and damages arising out of or restd[ting fltm •any claimor, action; legal or equitable., brought by Any, owner or occupant a&inst :OWNER ENGINEER or -an' other party , , indemnified hereunder to the, extent, caused by or based upon pon CONTRACTOR'S per6nuance of the Work. 6.17. During the progress ofthe Wb& CONTRACTOR shall ket;p the premises free ffont. acEumulad'oris of Waste materials, rubbish and Wid-de6ru; resulting from the Wbrk, At the completion of the Worl, CONTRACTOR shall remove All waste materials; rubbish And debris from and about thte,premists -as well as'all'tuqli,. apphances. constructiois equipment and machinery '.arid surplus matexiialsz CONTRACTOR shall leavethesite cletin arid' ready ror. ocuu.pancy -by OWNER. at Substantial Completion oldie Work. CONTRACTOR shall restore to original conditimnll property -not designated fior'aftLiution ,by die Cuntruct Documents. 6.18.. 'CONTRACTOR shall not load nor permit any. part of any structure to be loadc&iri any manixi that will, cadainger the structuie, nor'shall -CONTRACTORsubjcft any part of the Work or .adjacent pro pressures that will L**r it, - perty to stresses 6r Record Docuinents: MIDCQhMAL,C0NVIII6_M3 w/ CITY OFFORT COLUMIMOD[IFICAtIONS JREV,2000) ,6.19,. CONTRACTOR.shall maiNam in a safe place at the site one record copy CONTRACTOR.shall Drawings, Specifications: Adiertla WritIch Amendments. Change Orders, Work Direciiivesi- Field Oiders. -and' written interpretations *and clan'ifibetibm. (issued - pursuaini, to . th 9,4) in good order, am Apt mated to show all paragraph made during carstniction. These record ,documents together with A approved Samples arid a counterpart ofallapproved :Shop Drawigs will be available to ENGINEER for reference. Upon oumplcuon ofthe Work jand prior torell se -of final payment, these iei;jrd'duzncnts. Samples and Shop Drawings will be delivered to,bWGINUFMcir OWNER: Safety and, Protrcdon: 620. CONTRACTOR "ll' be- responsible for, initiatirg, matma I ming and- -supervising . all wfiety prCkMuuo6 and prograrris in cofinwtion with,the Work. CONTRACTOR shall take awnecitssary precatitiom for the safety of.andl shall provide the necessary protection to prevent damage, injury tir'loss to'. 620.1- all rwsons,on the Work shear who may be affktcd I* the W6rk-, ,62U .all the Work and materials and,ecluipment to be incorporated thercin, whether --in storagcon, Li off the site; acid 6.20-3 �other property at the site or adjacent thereto,, includifig trees, shruh&.,,laWPs walks, pavements, roadways', structures, utitities and Underground Facilities not dcaignatcd for.removal; relocation of replacement inthe course of construction: CONTRACTOR AUF comply',with all applicable'Laws and Regulations of any public body,having juri-&-liction for safety of persons or pruperty or. to• prote6t them, from damage, injury or loss;an&shnEl erect And maintain all necessary Safeguards I'ar such sder)'r and :protection, :CONTRACTOR shall notify owners of adjacent property and of Undergrotmi& Ficififies and. ufihty owners wheri prosecution of the Work may affiect them, And shall' qxperatc with them in the protection, removal relocation and replacement of their propcity. All drumage, injury a loss't6rany proper' referred' to in paiagraphs6.20.2 or 6-203 (mused, directly or indirectly, in whole or in part; !iy, CONP, wry TRACTOSubcontractor. Supplier orany offier -person . or organization dixW'I or 1. indirectly employed by,any of Lhem-6�perilom'o-r riurnish any of the Work or anyone for whose acts any of them may be liable, shall-biti remedied by CONTRACTOR (except damage or loss allributable to the fault of Drawings or Specifications or to the acts or omissusts of OWNER or ENGINEER or ]ENGINEER's Consultant or anybric employed by any of them I or anyone I Air I%vhose acts any of them may be liable, and nor Attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or Any. Subc6mr-actor, Supplier: or other person or organization directly, or indirectly employed by any of th6n). comraAc'mirs duties and responsibilities for the safety and protectim of the Work shall continue until such time as all the Work is cmqplefed'and,FNGINEER has iswid.a 15 I notice to OWNER and CONTRACTOR in accordance with paragraph 14-11that the Work is acceVable (cKeept HS odierwise oq)rcssly provided in connection with Substantial ComiP1C on 11 ) 6:21. S6f&yRepresen;a0ik CONTRAC71OK shall designate a qualified and c.,:peric=(L safety repieserdative at the site whose duties and iesponsiVihtics shall be the picverition of accidents and the maintaining and supervising of safely precautiong and Programs: Hazard Communication Pro 'gram 6,22, CONTRACTOR shall be responsible for' coordinating any c;,whange.of"insterialselety, data sheets 6r other hazard' communiiiatibri information 'rcquired'to he made. available to or cxchtingid, between or. among employers at the site in acccxdance with lawn Or RegLilations. E� rergendev:. 6,23, l,nemcrgqmiesatTect rigthe.rafetyorprotecti6nor persons,or thc,1A'Qrk or -property., at,thc siti,oi3Ojacent. thereto. CONTRACTOR. withcout: sl . xcial"instruction or authorization from OWNER or EINGINUR, is obligated io act to pent threatened damage, injury or Am: CONTRACTOR shill ve KNUINEGR prompt written notice if CON`l*PACT9R believes that arty, significant chrage s in the Work or variation from, the Contract Documents have beancaused thereby. If ENGINEER detcrminci that a change in the Con - tract Documents is required equired uq becacofth6adion,tai-inb3-CONTlti\CTORin response to such in emergency, 1a, Work Change Directive - or Change Order will- be issued - to -document the conscqu6ccs of such action 6.24. Shop Drawings and Samples: ,&14.1. CONTRACTOR shall submit Shop Drawings ioIkINZER'far review and approval in accordance with the accepted-.sche'dule of Shop Drawings and Sample submittals (see p4ragraph 2�9). All subiriittals will bi identified as ENGINEER may, require and in the numbet* of copies specified in the General, Requivements, The data shown on the Shop Drawings will be complete with respect to quantitics,, dirriensi6ris.'s&cified peiformance and design cr&ria, materials and similar data to show ENGINEER the materials and equipment CONTRACT -OR purposes provide mid to. enable ENGINEER to rev ew the information for the- limited' purposes mfuired by .parngmph6.26:' 6.24.2, CONTRACTOR shall also su6mit Samples to LNOINE M- for review and approval' in accordance with said accepted sdhcdWa-uf Shop Drawings.and Simple submittils. 'Each Sample %%ifl be identified' clearly as to material. Supplier, pertinent data such as ca"dog. numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited SiCDCOENLRAL COMYROM 191.0-9 (199VE66M) 16 wl MY OF FORT 0OLLIN'S MODIR.C.ATIONS (RLA'412000)' ptirpos6s required by paragraph6,26. The numbers of each Sample to be submitted Will beas speciflid in ihc-Specifications.� -6.25. Submittal Procedures, 6.25.1.&Ibre submitting each -Shop Dimwirig or. Sample .d ven,,CONT RACTOR shall'have determined an te : all field measurements. quantities. diat r- *,,I " - specified - ' -performance-' i CTISIOnS, SPCU1'ficniter-Lia. installation requirenteraiL materials, catalbg numbers and similar irdbRatiun, With respect th&ino, 6125.1,2: all materials With reseal to intended use., fah- 6 sv- st . C) - assembly =Mimia P"taming ,r,'&,hc,, performance of the Work, and 6:25A.3. all ifilbrination relative to COMMA=R's -sole responsibilities in respect of means, methods, techniques - sequences and procedures of construction and safety precautici)TIS' and programs inciderittlicruto, CONTRACTOR shall' also have., reviewed and -coordinated each Shop Dmvirig air Sanaplc'with other shop Draw -in mid 9amptes and ' with, the I gs ,requirements of the Wnrk' and the Contract Documents, 6252 Each Submittal will hear a -stamp onspoci c, written -indication-tlint CONTRACTOR has satisfied CONTRACTOR's obligations under, thi Contract DocurnmLs,with'respoct to CONTkACTQR!i review and apprbM ofthritsubmittal'. At 'the tinte. of each - Drawing or Sample submitted:may have frorn. the requirements of the Contract Docurmit such notice to be iiij written communication separate from the submittal, and .in additiaL. sliiall muse a specific notation to be made on each Shop DiawaS and Simiple submitted to ENGINEER for review- and approval of ach YACWVshatiort 6.26. ENGINEER Will review and apliroic Shoo Eintwings and'Surnples in accutdance with theschedule of Shop Drawings and Simple submittals accepted by ENUD4EERnsrequired byomgioph2.9, ENG1N`ESR!s review an&approval-will be only to determine irthe items covered by the submittals Will, after installation or incorporation in the Work, cbriform to the ut[brination given in the Contract Documents and be compatible with the design concept of the completed Project as, a ft=t i oning whole as: indicated by thic'-Contract Documents. ENGINEETs review and approval will not odad to mean-- methods, techniques, sequences of procedures of construction- (except ;4=0 a particular means,, method, technique sequence or Procedure of I I I I I I I I 11 11 I I I Ij I I I I construction is sMificnily and e.xpressly,called for by the, Contract'D&mments) or to safety pre6iitibm or pro-witrins' incident thereto. The review and approval of.a larate in item as such %'I'll not indicate !in ty in which which the item liinctic6s. CONTRACTOR shall make corrections required by ENGINEER, and shnli'refunn,th6 required number of corrected copies of Shop Diuwiiigs and submd.as iequired'rim Samples for reitew and approval. CONTRACTOR shall - direct specific attention in writing to .revisions other than the- corrections - called f6i by 6:27. LNGINFIER's review and approval of. Sho Drmvinp or Samples shall not relieve CONTRACTOR from msibility fir n rri variation from in - the r" - iraments of the Contract Documents unless CONTRACTOR has in' writing called ENGINEER'S attaitiun to each, sucli .variation it the time. or subriiission as rocluired by paragraph 6.25.3 and ENGINEER has 'given written approval of each such variation by a specific"written notation thereof imotporatcd iii or accompanying thc'Slhop Drawing or, Sample apprcwal; nor will :any approval bry FNGINEFR. relieve CONTRACTOR &am, responsibility for complyingI jwith the �*iremmts of pRmgm ph 6.25: 1: 42$. Where -a Shop Drawing'or9notple is required by the Cofitrict 136dumcrits or the schedule of Sh 60 Drawing and S"ple subintifions accepted by ENGINEER- as. required by, pemgr4rh!9, any related Work perf&med to ENGINEER'S review and approval.6f the itirient su indl will beat the sole expense and'respohst ility of t Ki .CONTRACTOR vanii"R me,.Work., 6.23. CONTRACTOR shall carry on the Work and adhkmto the progress schedule during all. dimputcs ur i1isagreementi withOWNML No Work shall be delayed or = d' pending* resolution. of any disputes or 'ements, except ttv permitted by paragraph 153 or as OWNER *1 :CONTRACTOR; may' &Jienvi6ie agree in 6.3[L CONTRIICTOR's Gener&. and, Gwamatee: "dy 6.30:1. CONTRACTOR warrarts, and_ guamm5cs to OWNER;JHNGDMER an ENGINEERS Consultants thit.all Work -will be in accordancc,;6th the Contract Doedments ' and - '%41' not 'bedefeitive. CON'TRACTOR's warranty arid gUaranuse hacilrider excludes defects.or damage mused by. 6.30.1•.I. abuse-- modification c* improper inRintariiince"or operation.by. pirsons,other than CONTRACTOR; SubLontract,orsor Supphem. or 6.30.1Z normal wear arad'tcu Linda normal' Usage; 6:30.2, CONTRACTOR's obliption,to perf6rin and complete thc'Wbrk in accordance With the Contract Dccumen& shHH-bc-abs6lute. None of the following will cimstirute an.ftccepmnce of Work '"t is not in EX1)COhNEKAL,COiVillOiIZSli9108 (1990 Eikliab W/ CVY OFFORT C40LUM MODHIICA-1`101� 3 fR6V,1/2000) accordance.with the Cormct Documents or.a release of,CIONTRACTOR's obligation to paffirm the Work in accordance with the Contract Documcnts.. 6.30,12. recommendat]ion of any proWess or. final payment by ENTGME 6.30.2.3, -the issuance, of.a - certificate , of 'Substantial C(impletiiih Cyr a ' "' b ny•payment -y 'OlklINER'io CONTRACTOR under ihe Contraa Domments;. 63112,4; use or occupancy of the Work or any part thereof byOWM-I'. .6.30i2.5. any acceptance by OWNER or, any failure to do so;, 6.30.2.6., any review and UMNOVel Of a Dra'wifie or, SRmolasubmittal.or the issuance'of a notice ck,ac6cp6bility by hNCHNEER'pursuant to paragra ph.14_13;, any-:inspcction; tgalor-approval by Ali= or I 6JOJA, any "correction of ckPCrh4 Work by. ,OWNER*; iqdiwmificddon:. 6.31, To the full6st cd&t permittid by Laws and RegiiIatiorut, CONTRACTOR shall indemnify and ' hold hiinfilesk OWNER;WGINMR. ENGINEERs Consultant% and the ofriceii directors,employees, agents aid' other consultants of6cli and any, of thernIftorn and insf.all Claims"60sts, l6sks arid damages (inclUding, but not - limited to, Al fees� and chsrges *i en of . engineers architects. attorneys and other professibnids and all -court or sibitration,or other dispute resolution costs) caused by, arising out of or resulting from the performance ofthe Work, provided that any such aiinn, cat, loss or damage: (j) is Attiibutable to bodily injury. sickness, disease or death, or to injury to or destruction cif Tangible roperty p y p (other thari the Work iMO: including the loss of use resulting, therefrom; and (6), is caused in whole or in part by any negligent act aromission ofCONTRACTOR, any Subcontractor, Suppfier.*any,,'person or anization directly or i _ ceily played by any of them to perform or fitmiah- any of the Work or -anyone for whose acts any of themmay be liable; regardless of whether or nut caused in part by. arr j negligence bromissioii of a Perron or entity "rarer nifted heretindei or whether. 'liability. is imposed upon such indemnified party by Laws and,Rcigulatibris regardleiz of the negliga' lxiioliny such pe-M-111 it entity'. 02.' 'in, any and -ull claims apinst OIVNER ur LNGINT-MR or any 617 theirrespitaive cbrisultants, agents. officers, directors or , . employees any employee (or the b y surviv or, or r xTsonal rcprc=itAfiM,c of,such employee) of CONTRACTOR-, any Subcontractor. any- Supplier, any fmrson or or . onnIzition directly& indirectly employed by 17 I any of them to perform or furnish. and of the Work or anyone. for whose, -a= my -of them may be liable, die indemnification obligation under paragraph6.31 shah not be limited in any way by any'limitation on the amount or type ofidarnages. ticimpensirtioti or beriefils payable by or for CONTRACTOR or tiny such 5tiba-Atractor, I Supplier err other person or organization under workers' ccimp . emtion acts, disability benefit acts or other employee benefit acts 6.33. The indemnification Obligations of CONTRACTOR under-panigraph631 shall nct.e..ximil to the liability a_f"ENGINEER and ENGDiEERs.Consultittits, officers, directors, employees or agents caused by the prolIcssiorailnegligence, errors or ornisstqn.sofany ofthcni. SUM V41 of ObLigattapm 6.34., All reIrreschiation& indemnifications; Warranties and guarantees made in required by or given in with the Contmct'Documenis,. as Well as all 'corm 0 accordance. 0 ' non Iinal obligatium' indi6iticd in the Contract Documents; WTA survive final payment,, oompleti(in.mil acceptanut ofthe Work and termination or completion of theAgreirricnt. ARTICLE 7—OTHER WORK RaWed lVm* at Site. 7.1. OWNFRAtty perform other, work rclated'to, the Project at the site by OWNEWs own forces; or'Ict other direct contracts therefor which shall contain Gencral; Cohifitions similar -to these; Or have tither work performed by gUry owners. If the fact that such other work- ii to be perffirmed was not noted i6bia'Contract. Documents then: (i) Written notice thereof will _ba. givintc.CONTRACTOR prior . to starting* any such other work and (6)CONITRACTOR may, mriki a claim therefor as provi&d in Articles I I and 12 if CONTRACTOR believes that such performance will involve additional expe-ruse to CONTRACTOR or requires additional tinte,evid the Parties are unable to agree as to tho amount orcitent thereof, 7.2. CONTRACTOR shall allbiril each other contractor .Who is a party lo•such a direct coritract and each Wility owner (and. OWNER, if OWNER is Performing the - additional work i6th OWNERs emPlcyecs)`' proper and w safe acceto the site,and a re6tsonable o opportunity i for the introduction and'st6riige of materials and e'uipment and q the execution of such other work and "Ur'' perly connect and,Lwrclataue the Work with theirs, riless otherWige provided k die Contract Documents..,CONTRACTOR shall do all culting,,fitting and pattibiril,, of the Work that may bey required_ to make its several parts corne.togdher and property aintegrate . W . ith such .6ther work. CONTRACTOR shah riot endmger any work of,oLhers by cutting. cxcuvating or otherwise altering. their work and will only cut or. allticir their work with the written consent of .ENGINEER and the 6thirs whose work' WE be affected: T duties and - 'bii, , - ciJNTRAcTbK under The responst ities of this paragraph am for the benefit of such utility ownersivid other orintractors to the extent that them are ontaparn, ble W.DCGENMA1,COATr1OM 190-80991P S"M) is WfaTY OF FORT L'OLL1M_MOD1Ft'6A*nbNS (RLN'4f2G(X))' *visions for the• benefit of CONTRACTOR in said direct contract% between OWNER and such utility,owners and other. contractors. 7.3.. If the proper execution or results of any pan of CONURACI-Ptf6 Work depends "upon work perf6mried by others under this Article 7.- CONTMACtOR shall inspect. such other 'work and promptly report to ENGINEER in writing any delays, defects or deficiencies insuch oLhii work.that render it unavailable or uitsuitiiblc for the proper execution and results of CONTRACTOR's Work. CONTRACTOR'S - railure"su- to rep6ft. will' constitute an, acceptance of such other work-. as fit -and proper liar integration' with CONTRACTORs Wed; except for latent or"nonapi)iiient defects P]nd'deficienciies in Such othei work. caardkadon: 74., , If OWNER contracts. with others for the. I�rfbrmshcc of other work on the Prbjcct at the site; the f6liciwing will,hesel farth,inSupplimentory Conditions*, 7.41- theperson. firm or corporation who will have authority and responsibility for coordination of the activities timong-tho vnrious prime contractors will be identified; 7A7- - the 'fire - miatters Lo.be. covered by such autkwity and pqnitibUi�ty will be iterraz4varid. 7.4.3. the extent of such 'auihciity mid respon.sihilitics will be provided Unless otilticirwisa provided in: the Supplementary Cordtions, O%VNFP shall have J& authcirity, and responsibuity in respect.of such coordination. ,%RTICLE,S—OWLNFR'SRESPO,NSIBILrF[F—v. 8.1. Except as otherwise provided -in these ' General Conditions, OWNER shall' issue all communications to CONTRACTOR ihm .ghINGINEIR 8.2. In case of termination of the emplbytrivit of ENGINEER; OWNER shall'appoini an engineer against whmC,OWRAaT4DR—makes rcaixwble-obja imm whbos status tirda, thiio6nti-act Documents shall be that of the former ENGINEER M 9.3; OWNER: shall Fornish the data requircd7 of OWNER under ific'Confratit Docurncnfseprumptly'iind shall make payments to -CONTRACTOR profirptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of,providing lands and easements and Providing n"agac7=to estiblish,refenrc�"prnms are setfiarih ;94-1 arid 4.4., Paragmph4.2 refers to OWNTER's identifying rig and makings available to 'CONTPLA(tDR, cop'M% of reports of explorations and tests of subsurface conditions at the site and drnwinp of phy*RILconditiong in existirig I I I I I I I I I I I I I I I I M . ctures at or oontiguous to the site thirt have been utilised bN-ENGrNFER. in piepanind the Contrat.0oquiricritw 95; -ti;r(r 9.6. OWNER is obligated to execate Change Orders as i-hilicated in paragraph 16.4, OWWER's resprmsibi!4 in respect of- certain end .approvals. forth ":'M- inspe'lim fe!S 0�rovals. is se paragmph 13:4- In oonnccfion with OWNFIR's r gft tc_stop Work or suspend' Work see: ramSmhi; Ai end 15-1, Paaugrph 15.2 'deals with OVA!R'iAght to terminte services 6f.rolsfrRAC.70R,under certain-ciTirums-tincck. S,9: The OWNER shall no,, supervise; direct or have control or atahuiity over, nor be responsible far, C62TMACTOR's mea me*ibtk% techniques, sequence's or Procedures of construction or the safety precautions and priVnins incident thereto, or f6i any failure of cowkAarop to einrnply with loWs and Regulations applicable to AN-farn6hing peperibrinarto; of th,"Wrirk. failure will ' t be * � sible far CONTPUACTOR . S ' no rcT fiLiluto perform or � 'is_in h the Work i.ii accordance with the. Contract Documenti 9.10---OWN ..".54,gus . wasw OF wenled At the AA $'an- U ty II,, Gm el Poe_ M Altt[CLF 9-OAMFOU.4 STATUS DURING caNSTRuctiolN OWNER't Represrntakve. 9A MMTEtR will be QVv_'NM's reprewfitati4e. 44the c - ortivuctic'n, period. The duties, mid responsibilities mul the limitations of authority of &tCGL�ERR .as MWEks ft#cwrdatiYv during construction are set Idith in the Contract Documents and shall nbL be e-dcAdcd without written consent of OWNER 43ify ti; Site. ENG11TEERwill make.viiiis Lo,the site at intervals a 3te to the various stages of construction as PrOPER'deems necessary iii'order to; obkrvC as an �e,,T,cncnEid.and civali6bd'designp.rgf onAlo prcweth ' ' _11; . M-M-0ENER1L,C0NDITI0;4319I" (1990 Eiftiau w/(:i-rYOFFORrCOLLiNS.MOi)tlf[CAnC' (REY-1/2000 -d W has been Made arid the quiility of the various -aspects .of CONITTRACTORs execuied Work, Based' on iriffirmation obtaified,during such visits and observatitins. ENOINE M- will endeavor for the benefit of OWNER to determine n general- if, the, Work is proc cc am I g. in ncc�&� twith the general; Documents, q;qGI1NEER. will not be required to make exhitative of continuous on - site -.inspections to check",the quality & 4uaritity of the Work. ENGINTER!s 46rts- will be directed toward providing fior OWNER-u greater deg" of mifidence, that the completed Work will confaffit generally to the .Coniiact b6ctxmcn�ts" On ihe basis of suchVim'"is aiia on - site observatims, FNGNTHSRwill keep- OWNER m- informed of the prc*,of the Work and wiTendiavor to gpard OWN&FR against defectNe Wrirk; �NGINBER's visits abd on -site rihseivations are iubje& to 'all the limitations on ENGINEER'S authority, and- responsibility set forth -ph 9 13 and ph lad I but Without of V1 at Y. limitation, as -a result OINERWS-onsite visitsor observations' of CONTRAcrow, work; ENGMER4ill not supervise, direct, control or,have atilhnn over or tie -responsible for CONT", CTPR% means; methods, techniques, sLquemcs or procedures of Construction, or the safety precautions,:and programs incident thereto_ or for arty failure of CONTRACTOR to pl' with' ith Laws afi& Regulations -applicable to'.the Yingorperf6rmanw- of the Work, If bWNMk and ENGENEER agree, FiNGINEUR furnish raResident Project Re will hu-. picseAtativ;c to assist ,ENGINEER in Providing more conilnuous observation of the Work' ' The iesponsibilitiies. and :authority, and limitations thereon of any such Resident Project Representative ;.and "Assistarts; will be as provided in par.a&a0hs(9.3 and -9.13. raid,-4—h Suppktnetitary Gbrndnioas of'these General! Conditions., IVOWNER Aesigrrateg.another reprderdative or a=nt to.mireserit the 9.3.1. The Representative's dealmus ill matters [xnainiMlo.the cm -site wmk will in general; be with tier. ENGINEER- and CONTRACTOR, But, the Repgescmtetive will keep the OWNER pgME.Ly advised About .suck matters. The:Representatives Vbcontractors %vill only be thnaugh with e4_ CONTRACTOR. 9.32. Duties and Pestionsibilitics., Representative .will: 93-2.1 -Schedules% - Review 4e I§ I sche.lule and other scheduies prepared by the .CONTRACTOR and . crmsult._ with the ENGGVEER concernirie acceptability: 03.2:Z Conferences and. hfeetme . Attend rnwb ¢ with the CONTRACTOR such as, preconstruction conferences, progress —meeting and" otter'iob..ecatferences'.and_prepare and circulate copies of minutes ofineetinas. •9 7 23. Liaison -9.32.11. Serve as: ENGINEER'Sliaison with CONTRACTOR woikirm prim-i mlly through CONTRACTORS sutiermtendent,to assist the CONTRACTOR in understanding tnc ConumtDocuments 93.'.3.2. Assist in obtaining from OWNER additional details: or.•informaiion: when rewired, for a i-per.execution of the. Work., 93,233: Advise the ENGJNHER� and CONTRACTOR of the commencement of any Work requiring -a -Shop:-Drawipa.or sample submission if the"submission;has•not bccn pi_wt by the ENGINEER: Q; � 4:Revie�vof Wprk, Rgiection of DeMX9i � WorLInspectionsandTesm- 9.3 .4.1. . _Conduct oil-sttc observations of the Wod: uioiooressto,as';jq tho ENGINEER .in determimna that the Work-t� oceoding•ui •aocordnme with The Contract Doctmens. 932_4.3. Accompany' visitirg.mtors. reresentin ublic or -other agencies having jurisdiction -over the•ProieeL rectad the results of these inspections and reWd* to- the Q\'GI\T:ER. 9 3.2.5 InterTsetation of Contract Documents.. Report to ENGINEER .when clarifications.and irdarpietations of the Contract Documents are .needed .and naamtit to CONTRACTOR clarificafton and interpretation of the Contact. Documents. as issued "by the ENGINEER 9:3.2.6: Moditicetions. Consider .and evaltmte CONTRACTORS supgmottc. for •rstC'DC(l6Nex.V. COr71]<110N5 ly t�13 (14yV Ediliml 20 *1MY Or FORT ttlWt5 MOD1}1C471ONS MEV 4 n0001 tnodi£cati'on in Drawinas or. Swifications and eronort'thew recommendations to ENGINEER Accttmtely bwmit _to. .CONTRACTOR decisions issued by, the ENOWEER. 93:2.7( Records. 9��0 8. Rtootts._ 9.3 2 81 Furnish ENOWEER period c rep}rts as required. of the pragmm. of the Wank and -of. the CONTRACTORS iattce with tht_:pl;41'ICess�selLedule aAd schedule of shop' Drotling. and• sample submittals. 93112. Consult with_RNUENNWgyt 'advance- of scheduling maiar tests, uupeetions or start of important phases of the Work. 93.2:8:3. Dmft oromsed Chariee Orders and Worms DDv :tive_C�ngev � obiam n 6ecku material Gom the CONTRACTOR and_recrnnmenrl to. L•TIG Chara'e Onlers.Work Daective Charmes and field orders: 9.3.2.8.4, R.ioort unmediatety to ENGD=- and-OWN4M the.occurratce of any accident. —� 9.3.2.9. Payment Reauestk Review s&licatiaric lorry or Iravmcm w th CONTRACTOR for.mmmiance with "ihC established ur=4urc for THeir submission and forward, with. -recommendation to ENGINTF.R notiite barticulaily the relatiarisliic of requirements of the Contras Documents (in the form of the payment requested'to the schedule of valu_s Drawings or otherwise) as -ENGINEER',may determine work comnoleted .and material arnct .mui Uent, necessary, which `shall be consistent with the adent of and delivered at the site but not.- ns rpwatecl m. the rcasombly inferable from the ContiaeLDa,uments. Such Work-' written clarifications anJuiterprettifions will be binding on OWNER and CODTI'RACTOR, If OW14ER or 9.3.?:ti). Cons lei CONTRACTOR believes that a written clehfiiwtion,or interpreationjtistifies aiiadjustment in'the Contract price 9 3.2:101� Before GNGJNEER issues a. a the Contract Tiaras awl the parties are unable to A6rec Certificate of,Substantial Completion smlimit, to the amoum or cttent thercuL of arty OWNER or to•CONTRACfOR a list of observe ,.items. CONTRACTOR may mw make a riaen claim therefia tis; reewirngcorrectionorcompletion provided in Articledl orAitcic if 93.2.1QL Conduct final inspection in the Authari.:mIIianatibnxin work comoart of the FNGINFFR-OIVNFR-and CONTRACTOR .and prepare a 6nal'•list of 9.5• ENGIINIM may authorize minor variitiore in items: lobecoffeded'orcompletec{: the Work from, the requiremeits. of the Contract' Documents.which do not involve an ad�ustmant in the 93:2.I0.3. •'Obscrycthat all items on the Contract price or the Contract Times and are compatible final III have bcencorrected orcompleted and with the design concept of the completed I'rcjcct:as a make recommendations to ENGINEER functioni g' whole as' inchcated 1ty the Contract concerning acceptarue: Qoc mneitts. These maytieaocomplished by n Field (order and will be btrtdmg sit OWNER and also an, %33: Limitation of Authority: "'rhe Representative shall not- CONTRACTOR who shall perform .the Work involved promptly,, If OWNER pr cc*rrRACTOR hclieves diata Field Orderjistirmes an adjusmtent in the�Contmct Priec'or" 9.3.3.1. ..Authorize any, deviations Eons the ,the Conn_ ct Times and the parties are treble tD agree as Contract Imcuments or accept any substitute ta. the .amount Or eiacni dier6x. OWNER: or mat eria s or egoMenc unl� authorized by the CONTRACTOR pray, make a written• claim therefor as ,ENGINEER provided inArticicA l or l?. 9.3.3:2:. ..Faeced. limitations of hNGiNFER'S Rejecdng Dejedit a Mork authorityas set forth in the Contract Documents. -933 3 Underafte amof the remonsibititias of. the Subcontractors .m 9,6, ENGINEER will have authority to dLis veor Wodc_which FNGMEFR'believes; to hz .CONTRACTOR �QL�lI3t�.�fQ12'S wax tzrtdztit; reject affective, orthnt ENGINEER beheveswt4 nat produce a completed Project that conforms to the Cruaract Documents tar that 9.33:4. .Advise on or issue d rections,rela *vve will prejudice the integrmty,of the design concept of the to_ or assume control over an-�as+�ec[ of tlic- ixrmpleted Project as a functioning whole as indicated, by mean% methods. technioues, .sequences: or the Contract Documents.. ' ENGINEER will also have dunes for con=clion UNPZ sucFt- a mnhonty to requ re special mspection.or testing of the spec ifieaIN called' for in the Contract D6c=cros Wak as provided to paragaph 13.9,. whcthcr ,ur not 'the Wca is Cabriatt4 irutalled or aomplrted. 9.3.35: Advise on or issue -directions mgUxhM ot: assume oor=l over safety.: ShwDrawwgr;Cdange'Ordrrsand Payments: treceutio ns and programs in connections, with the Work: 9.7. In coimectlon vhth ENG&EER's authormty as to Shop�Drsttirngs ard'Samples, see paragraphs 6-24through 9J.I.6. Accept _Sl uo Drawings a_sam�rle 6:2t m 12uls, e, submittal fr anyone 'other than the CONTRACTOR 9.8: In connection 'with LNG =- - Ms authority is to ChatngCUrckrs see arDGltlsdU Id, and hi 9.3.3.7._ Authorize-. OWNER..to_occupy_the Work in whole or in part. 99. In "connection with ENGINEER'S' euthaity as to' Apphcations forprtymenv, see Article 14. 933:8: Participate in sroecializeJ GeIJ or laboratory tests or inspections conducted by others. bete minations fur Omt Prices`, ercemt as specifically authori the ENGINEER 9.10. ENGMER vAILdctcau(mc the uuual;quantities and classific atiorts of Unit Price Work performed' by, ' Cloifrcationsand lnterpretatimu• CONTRACTOR. •FNG_INEER will, re_vi�w with COMI°RACPOR the FNGINF:FR's preliminary, 0A. ENGINEER will issue with reasonable promptness deteaninstiom on such matters'before rendering a written such written clarifcations. oi- interry"•etaaois of the decision thereon (by remm46ida6on of -an Application 1 m-Dc()ENt'R.w,cotaDi now i9tu4 (im Rdtimir 21 iw a'ry OFFOR'r COLLi m mobtnC.t11OtVs (RSv dQ000) I 1 EXHIBIT 1 — QUESTIONS & ANSWERS The following questions were sent to the City of Fort Collins, or were discussed at the pre -bid conference held on Monday, June 25, 2011. Responses are designated by "a." 1. Need clarification of concrete rings on MH detail. a. Concrete rings around vaults in the downtown area will not be required unless the vaults are placed in an area where they are exposed to vehicular traffic such as in driveways, parking lots, streets, etc. Vaults mounted in city sidewalks or in landscaped areas will not require concrete rings. 2. Do the 36" x 48" x 18" Precast Traffic box lids need to be solid concrete? Or can it have a hatch door or cast iron ring & cover in the lid for access? a. Vaults located in the roadway need to be Traffic Rated. Vaults located elsewhere do not need to be Traffic Rated. 3. Shop drawing review of 10 days is too long to meet the project schedule. a. Shop drawings will be reviewed in 3 days. 4. What are the fees for an Obstruction Permit for parking spaces eliminated during construction activities? a. Fees for Obstruction Permits will be waived for this project. Contractor will need to coordinate with Tisha McRae in Parking Services to identify the specific spaces that will be affected and dates of construction one week prior to construction at each location. Parking spaces may be obstructed for construction related activities and vehicles/equipment necessary to complete the work. These spaces shall not be used for personal vehicles of employees reporting to the job site. Rooftop permits are available in the parking structure for $18/month for this purpose if desired. 5. Are Traffic Control Plan fees to be applied for each plan or the whole project? a. Each plan should be specific to each intersection and will be charged $35 per plan. Multiple setups within the same intersection can be combined into one submittal without additional charge. There is no fee for time extensions and date modifications to previously submitted plans. 6. Will Mason be re -paved with the MAX BRT project? a. No. Standard patching requirements will apply. 7. What are the excavation permit fees, pothole fees? a. A permit will be required for each intersection and the $30 application fee will apply to each application. All other associated fees will be waived. Addendum 1 — 7263 Downtown Conduit Backbone and Laterals Page 2 of 8 ' for Payment or�otherwi s), UjOINEER's written decision thereon will. be fmali and binding upon,'OWNI?R and CONTRACTOR, unless. within ten days after the date of any.•such"decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to'appml fr ni ENGINFER's decision and: (1) an appeal fiord EWINEER's decision is taken within the time limits and iri.accordarioe with the procedures set forth in Gxthibit GC -A, "Dispute Resolution Agreement', entered into betwoin OWNER •and C:O.NTRACTOR pursuant to Article 16, or (ii) if no.such Dispute Resolution Agreement. has been entered into; a formal proceeding IS irsutuied by the appealing party in a.forum of eompe9tem prisdkiian ro exercise such rights or remedies as thee appealing party may .have with respect to ENGMEHR's decision; unless otherwise agreed in writing by OWNER and C )N`rRiACfOR such appeal'wdl not be.subject to Use procedures of paragraph 9.11. Dedd,ons on f)iTdhn- 9.11. FNGiA XR will be the initial' interpreter of the requirements of the Cattract' inents.snd,judge of the ac eptability of tFie Work thereunder, Cliiiins,.dtsputes_and other mattefs rclaiiw:to the aoceptahility of the Work or the ihterprcmtiorr ;of tee: m' ircric of the Contras. Documentspctaim to`theperfcrmanccandfurnishingof and"c tie Work alms or Articles I1'aral 12'in respect of chairges in the. Contract Price ar Cwihact Times will be referred initially to LTTGINFF.R' in writing with a request for a formal decision in accordance with this par ph Written notice of each such claim, dispute d other matter will be delivered by the claimant to ENGINEER and the other, party to the Agreement promptly (but in no event later, than thirty days)" after the start of the occurrence or event giving-rise.thereto, m)d written supporting data wtlil be'subrnitted to FNGINFF.R and the other'party'wnthiin sixty days ofterthe start of such occurrencoor•event unless ISIGINEER allows an additional period,of time'lot the submission of'adrhtiorial or more accurotc, data its support of such chin, dispute or othiertvatter The opposing party shall submit any response to 1TIGINISR and the claimant within thirty days after receipt of else claitnard's last submittal (unless. F.NGINF.F.R allows. additional time): ENGINEER will render a fomml.decision in writing Within tliUtyolays after receiptoCthe opposing partys submittal, if any,. in "accordance with this. par4aph ENGINEERs written decision on such claim, dispute or•other matter. will' be final and binding upon OWNER and CONTRACTOR unless;'(i) an appeal from ENGINEER'S decision is taken within the time limits and in accordance with the procedures set faith in EXHIBIT GC A . "Dispute Resolution :�eemerit";: entered inw fvtween Okk'NMR and CONTRACTOR pursuant to Article 16;, W (ii) if no such Dispute'Resolutiin Agreemenhas been entered into,•. a mitten notice of intention to appeal from' INGINILR's .written decision is delivered by OWNER " or CONTRACTOR to the other and to - 1GiNEER within diiity &)-S after the data uf.such decision and a formal proceeding is'iristifuted by the.aPPealing party in a f4im of competent juriulictiori to exercise such rights or remedies as the appealing party may have with respect to such claim - dispute or other matter to accordance with applicable Liws and Regulations within si.uy days, of the date of s ich sx=. bEvwm com-mom I9tort td 990 Edition)' 22 w/CITYON'FORT OOLLIMMODIFIC.4TiONS(W40oaa1' decision unlessotherwise agreed in writing by,QWNER and CONE RACTOR: 9.12. When functioning as interpreter and judge under. paragraphs9.10'and 9AL ENGINEER will not show rytttiality to,QWNF.R or CONTRAC1'QR"and will note liable in connection with any, interpretation or decision tendered in good taith in such capacity. The.rendering of a decision by ENUNIM pursuant to paragraphs 9.10 or y.l l with respect to- any such claim; di le other matter(cccept any w.hich.have been waived 6y the making or acceptance of final payment as provided in paragmph 14.15) will be a condition preceden to any exescisc by OWNER cr CONTRACT01 of such rights or remedied as either may have under the Contract 066A rents or by laws or'Regtilations in respect of any such claiin, dispute or other matter; 9.13. Limitations, an ENGMEER's Authority artd' Retjrnnsihllrties: 9.13.1. Neither ENGiI ER:s authority or rcsponsibilnty, under this Article 9'or under any 9ther, proytston of the Contract Documents nor any decision mmdebyFNGINEFR in good faith either to erercisc' or, not exercise akhatrthorityor responsibility or the undertaking, zeros-c or perfarmanoeof any authority or nspon.Ubility by ENGINEER shall creatc,,impose or give, rise to .any duty ;owed by TNGINEER to CONTRACTOR, any Sutvontractor, any Supplic% any other pemon or organization, onto retry surety for or employee or agent of any of them. 9,13. ENGINEER will not supervse; direct% .control or have authority over Ar_be responsiblefor CONTRACTORs means, methods; techniques, scq. ona:_s or prticcditres of cunstructiun, or tie safety precautions and.piogmms incident thereto, or for airy failure of CONTRACTOR to comply with Laws and Regulations applicable to t1w ' furnishing or performance of the Work, ENGINEER will not be responsible Cor CONTRACTOR's fail re to,perCorm or furnish tie Work its accordancti• with the Contras Documents 9.13.3. ENGINEER' will nix be responsible for.the acts or omissions of CONTRACTOR our of any Subcontractor, irw Supplier, or of any other prison or " organization performing- or Cumislung any of the 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions. schedules, •guammics,. Bands and certificates of inspection, tests'.. and approvals and other documentation requ iced to be delivered by paragraph 14:13 .will i3rdy be to determine generally that their content complies with tie nequaemeitts of. and in the case of certificates of inspet:tiotts., tests and" npprovaly' that, the results certified indicate compiiatice with., the Contract Documents Q.13,1 The limitations. upon. authority and I I I I I I [11 I I I I I I I I I responsibility set fdrdi in this paragraph 9.13 4iAll also apply to r FKGTNEFR's Consultants ., Resident Project Representative and assistants. ,.%-RTtCL.E 10.—CHANGES IN THE NVORK 10.1. Without invalidating the Agreement and without notice to'anysurety. OVRNER'miy, aLinny time or from time to time,, cider a"iions,'dcleticrr-1S ci revisions [i the Wark.. Such' additions,', deletiobs or revisions wilL be authorized by a Written'Amendment, a Change Order, or a - Work Change Directive.' Utain receipt of any It sue document, CONTRACTOR shall prompfly proceed with will; Work involved which 4be performed under the applicable conditions ordic Contract Documents (except as 10.1 If OWNER and -CONTRACTOR are unable to agree as to the -wetem, if.a.ny, of an adjustment in the Contract Prim or'an'adjustment.of the Contrad'ranesthat should be allowed as a result of a Work Chiin4e Directive., acclaim may Ix made therefor as provided iiri Article I I or Article12; 103. CONTRAC7011 shall not be entifled4ohn increuse. in -the CoiMcit Wim or an E\tensi6n of the Contract Times with respell tdany Work performed that is not r . eq . uired by ,the Contract- Documents as ani-ended, 'modified and saPplementedas jidyidod in pamgn* 3.5 afid 34. c3m� in the casc, ofan emergency as provided in paragraph 6.23 or in, the case of unrwcrina Work as: provided in paragraph 119,_ '10.4. OWNER' and CONTRACTOR' shall: excoute appropriate Change.Orders-recommended by ENGINIMIZ 10:4,1,- char�goindipWoik-�vhichiire(i)6idered by'6WNER iriv t to pruagraph 10. 1, (b) required 'bemuse- of acceptance of 4�fecthv Work under paragn; prh'l 3.13 or carrectirig defecthw; Work under• parn 0h 13', 14,.or (tii) ig to by the priiiiiv. 10A2diahges'iri iiie'Cofirtract Price or ContractTimes which are agreed to bythe parties;''inid 10.4,3: changes in the Cormnict Price or Contract Tim'es which embody the -substance or env w ritum 'decision rendered by ENGINEER pursuant to paragraph 9.11, provided that, in'lieu of executing any. such Change Order, an.appeal may be taken from any .such detisiurf in ami.rdaw'o with the pidyision-s-of the i7ontirad Documents and applicable Laws and Regulations, but during any such appeal. CavrRAcroR shall many. on fliti Work and adhere to 'tlie .progress schedule as• provided in paragnaph6,19- '10.5. If notice of any change affecting,the general scope of the Worknor the pravisions.of the Contract Doiuments (1990 Eilitical can MY OFFORT COLLINZ 10DUFICAMNS (REV -1/2000) (inchid . ing. but not 6ited to. Contract Price or,05nnict Times) is required by the provisions of'W Bond- to be given to a s�t the 'I`'Msuch'ndtice will be COMTRACOff', rcspa=_ lity:-nd the amount of each .a plic2ble Band will be adjusied 21c'mirdingly; AR,rictx 11—CFULNGE OF tforcrRAcT PRICE' I - 11.1. The Contact Pnoc constitutes .,t& - total compensation (subject to autharizedadjusta nents) payable.- toCONTRACTOR for performing the W6& Afl'Mes, responsibilitimand'obli tions:assignidto:�un.dcttaken =be,atiCONTRACTOWsexpense without drtan'ie in thic',comiract Price. 111, The Contract Price may only!bc changed by a Chang: Order or by a Written Amendment ;Giy claim for in adjustment in the Contract Price :shall be based'o.n wiftLtin-notice deliverod by,Lhe. party,mikink the claim t'o' did other party null to ENCITMUR promptly (tiut in,no eytini later than, thirty. days).'after. the start. 61",the occuffenceorgrvent giving risct.othe claim -and siating'ft general nature of the claim, Notice of the amount of the claim with supporting data sh'all'be &l1vCMdWithin S&ty days after the start of such occurrence or even (unless FNCYINFEgallows.additional time for cibimanitto,submit additionalormore accurate, data in support of the claim) and shall be mcompunied by c1nimariVs NVrium statement that the adjustment aninned covers aliknown imotint - s to which the claimant is entitled as a result of said occurrence or event All claims for adjustment, in the Contract Pri6e shall be'-deten'n'ined'by'EqGhBER-iji rioccirdarice 'with primithaph9_11' if OV^,M-R and CONTRACTOR cannot otherwise agree on thcCamount involved. No claim fir anadju-Ament-in the Contract Price will be valid'if not submitted in accordance with thi% pam6rao.h 11.2. ' 113. The -Value ofuny Work boveral'by a Change Order or of any claim for an aiIjusimeni in the. Contract Prim %vill be determined -as fc)[16vs:. 11.3.1. where the, Work involyed:is covered by"Unit pri ces. contained in the Contract Nocurferd4 by iipplicatibn of such unit prices to'Llici quantities of the items, involved -(sul ect to the 'proyisipns' of 23 I PaM9MPKS 11.9,1.thi`0`4611 11,93: irWIU*20; 11.3.2. where the W6tk involved is not covered -by unit prices contained in Ui& Contract Documents, by H muictall� aired piiymcnt.basi:Cincltridmg— lumli Stan (which may include in allowance for overh6id and profit not necessarily in accory1ince with paragruph 11.6.2); - 11.13. where the Work involved is not covered by unit prices n ocintained ithe Contract Documents and aWeemen . t . to . a L . mp item is not ietich;eI'undci paragraph 11.3.2 on the basis of the Cog of the Work (dctermined.as provided in paragraphs 1.1.4,an&I 1.5) plus 6 COWRAGMR's fee for carlirlicad and profit (detem� ined as d i paragraph 11 6)_ . Provide iii pa I Cokit of& e work 11.4. 'rhe term C= of the- Work means the sum of. all' costs necessarily incurred aW paid by. CONTRACTOR in the proper lifffbimance;df the Work. Except as otherwise may be agreed to in, writing by OWNER; such costs shall' be -in amounts no higher than them prevailing in the Icicality of the ProjecL shall include only, the following item% and ihiill not include any of the costs iterni'mil in paragraph I IS: 11.41.1-Pa)Proll- costs for employ&s in the direct employ of CONTRA( 'OR the rerfbrmancof the Work under schedules of job classification's nig-reiid upon by OWNER and CONTRACTOR. Such employees shag include ividund limitation siiperintendimas, foremen and odici Pcfwmcl' employed' full-time, :at the site. Payioll costs for eniployce� not employed full-time on the Work '%hall be apportioned*on the basis of their time'spent on thii Wok Payroll casts shall iixIudi%-Wt,`eta be limited t0f salaries and wages plus the cost of fringe 6thatfits Wbi6li shall inch& social srocurity contributions,.unemployment.inciseand payroll '16>a's, 'workers!, of performing Work altiir rugular on Saturday, Sunday or'legal holidays. d in the above to tbe e4ent authorized 11.4.3. Cost of all materials and equipment fianished and 'incorporated in the Work. -including costs, of pranspbruition and storage thereof and'Suppliers! field d in connection therewith. All cash fonu:vll accrue to CONTRACTOR unless OWNER deposits " with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue, to OWNER- All trade discounts. rebates and refunds and returns from sale of surplus materials and 6qudpmenr ;hall accrue to OWNER: and CONTRACTOR shall aiake provisions so that they may be obtained 11.4.3. Payments made by CONTRACrOP, to the Sulicontractors for Work performed or furnished by Sub6onrractcim If required birOWNER, SX-RCGENUM COMJMOM 151103 099U Faw), 24 WfaTY OF FORT 00114MMODIFICIMONS MEV V2000)_ CONTRACTOR shall obtain competitive bids front Subcontractors acceptable to OWNERand CONTRACTOR and shall' deliver- such_ bids .to OWNER who will then det&mirw, with the advice of JENGINUR.'which bids. if any, will be accepted. If anysubEontract prcvides fti the Subcontractor is to be paid on the basis of Coit olthc Work plus ii'lee, the Subconuactce&Cost of the Work and fee shall' be determined in thic.same manner as CON7RACTOR's Cod of the Work and fee as provided in panigiraphs 114 IL5 146 and 117,-All subwitra as shall be suhjui:to thc _6�ieir prov] - 'sibnsuf the Contract Documents insofar as applicable, 11,4A. Costs of special consultants-(iiieluding but not limited, to crigincafs, architects, testing laboratories, surveyors,. attorneys and-adcauiiiants) employed for services specifically rii,laited -to the, Work. 1.1.46. Suppilcmemil costs meta ding thekAwiiiig 11.4.5.L Thor proportion. of noces safy transportation, travil-ard sul?sistence-expenses of, CONTRACTt4s 'employees, incurred _'. in discharge of dudes.corinect6d With thei W4rk, 11.4.5.2. Cost, including traftsportation bind mairitenance, of all riiiitertals, supplim cquipmctnt machinery;. aplAiancek office and temporary Facilities at. the site and hand toots not ownid.by the workers, whichlare consumed in the performance of,the Work, and test . lem market value of such items used but not consumed which remain the property. of CONTRACTOR,' 1 1.4.53.. RcnLils of all construction equipment and .machii exy arid the paris4emof whether nmtt:d:fimf CO I NTRACTOA or others in accordancti with rental agroerikvi:approvcd by OWNER with the advice of.UN(;MUK.wfd the costs of trtinsp6ititiom- l6ading iiriload(n, installatik,disinantWig and removal tlicro6f�all' in accordance with 'terms: of said rental agreements.. The r6riml of iirry,iuch equipment. machinery y or parts --shall cease when the use thereof is no longer accessary foir the Work: 11.4.5,4: Sales, consumer. uw of similar tares related to the Woik. 'and, (br whiich CONTRACTOR, L%,Iiable, imposed by Laws and Regulations. 11.4.5,5. Deposits lost for causes other than negligence of CONTRACTOR, ran, Subcontractor or anvone dirmtly Or indirectly employed by any of them cr_fiJfwho&e_acts'any of than may boi.liable, and royalty payments and tioes'for permits and licwisis 11.4.5.6. Losses and damages (and ri;tatiid 6clicrises) -caused by damage to the Work- not compd=tcd by insurance or otherwise. sustained by CONTRACTOR in. connection with the I P Work performance and, of the (except Costs due to .the negligence of I :!JimIjFS widen the deduciiiale-Hraotints CONTRACTOR,, any Suhmintmdar, or anyone of"proppeerrtty establrshed by OWNER in directly or -iiidirectly emplaved by any or them, or for accordance with paragraphs.-91 provided they whose ads any of diemmay be liable, including but hive , resulted causes. b1her thin the not limited to. the correction of'zkfeaive Work, ofany nec9 oCON'T R.4CTOR, disposal of ffiaterints or equipment ent wrongly- supplied SoYCLor, or indirectly and making goddany damage to property. employed bony of them or for whose acts any of liable: Such themay losses shall includi JLjj Other merhead or general e.\Wnse costs of setticrnonts imdc-with*the'writtcn consent iind 'clain any kind and the costs of any item not, specifically -and approval of OWNER.- No - such losses. ages ' expressly included in paragraph and expenses shall bi included in the Cost of the Work for the . purpose of determining, 11.6. The. CONTRACTOR'S fite allowed, to CONTkACTOR!s lee, A however. any such loss ' CONTRACTOR 16i overhead kid proF! 41 be, or damage requires reconstruction and dererniiheii as rbllows_ CONTRACTOR I is placed in charge thicicof, CONTRACTOR shalt be I paid, fki services a fee 11.6, 1,. a mutually acceptable Fixed fee;or, proportionate to that stated in panigniph 11.6.2, I42: if a fixed flic is not agreed upon, !heq afio; 11.45:7. The cost of utilitics, fuel and -saniwry lacilitiesatilitsitc. hiscd'on the fiollaw" crasgcs of the various - VXUQaS6fthcC..sI.f%WVork-: 11.45,8. Minix ekpchses such as. telegrams, I i:6.1'1. - for costs, - incurfod urider long distance telephone calls, telephone service,?[ Pamgm pfe 11 -4:1 and 1114.2; :the the sitc;,cxprcssagc and similar petty cash items in CONT IZACTOR's fee shail.hcfillcm P.10C. e, connection With the Wo&- 11;6,2,2: fbr costs incurred- -under 11,4.5.9. Cost of premiums for: dditional Bonds paragraph 11.4.3, the CONTRACTORs'lee shall and irtumancc required because of. changes 6 the be five pemirm. Work-: 11.623' where one or more tiers of 11.5 'The, tamCost of the Walk .shall' not ,include *.of 311boontracts are on the basis of Cast of the Work, the following: phis a fec and no fixed lec, is Wed upon, the - 132, 11,43 -and 11.5,1. Payroll costs and- other compensation, of 11,62 19 that ilia Subcontractor who. actually comrRACTOR's of exectitives princil5als (of performs or.burnMes the Work; at *6*er tier, T-hio arid sale pri5pri ' panne will be paid a fec.ff fifteen percent of Lhc,&osts- engineers, arclitccts. ez6mkors, attorneys, auditors incumd by7sucliZuboontrictoir tinder paiagraphs acc.ountants. purchasm&6 and ' obntmdirig agenK 11.4�1 and 11.4.1' and that any higher tier clerks. ancl'otheir Personnel. Subcontractor and CON RACTOR will isch.6e emploved'by CONTRACTOR whether at the siteOr In' paw A COWPACTOR's ptiricipal oi� a branch office for to be tie og tiered gene I ml administration of the Work and not speci<dnlly in good faith i " the OWNER -but nig wt e&wed irailuded in the agreed' upon scheduleof fob five percent of the amount paidita the next clossifications referred ' -to in paraj�aphll'.4.1- or tier Subcontractor. %pecifically covered d by, paragraph IAA-mal) of which are to be considered administrativecosts covered by the, 11.6;2.4!, fioe fee shall'be payable on the basis CONTRAC717O.R's fee. of, c ' osts itemized unbarparagraphs 11.4.4, 11.45! and 11,. 11.52. Expenses.of COWIRACTOR's piineipal and branch offices other than,coislTRAcTows ofri6e at 11-6.25: the, amount or crediv to be allowed, the site, by, CONFRACrOk to OWNER far any, change in 11.5.3. Any part of CONTRACTORS capital: which results a net decrease in cost will be the amount of the actual net decrease in cS!x plus a expenses, including interest one CONTRACTORS deduction in CONTRACTOR's fee by an amount capital employed for the Work and chargs against equal to five percent of such net &creuse: and CONTRACTOR for definquentpayments. 11.6.7.6. when both additions arid credits are 11.5.4. CcA of premiums fur all, Bonds and for -all, insurance CONTRACTOR or not CONT2�C`rok involved '*in any one change, the adListme-ni in CONTRACTOR's fee on is re quired shell be computed the -the by the Contract Documents to purchase and maintain '(except basis of net change 'in- accordance with the same f"'mat the of premiums covered by paragraph s'll.6.'.Irthrou gh 11.6.2.5; n6lusive. subparagraph iT.4.5;9 above): . 11,2 Whenever the cost of any' kkroflz is to he 23 WI CITY OFFORT COLUM MODIFICATIOSIS (MV4/2000) I I determined punuant to paragrafibs I 1;4 and I I 1S. CONTRACTOR will -establish- and maimain records thereof in accoidance with generally icceptid-accouriting, itibmit in Co rm Orin acceptable to LNGINIMR an itemized cost breakdown tcjctheCwith supposing diia� Cash Allmances. - II.S. It is under." that CONTRACTOR has included in the Contract Price, Fill *allo-witrices so. . named in . the- Contmet Documaits and shall'cause the Work so covered lob[ furrashed _. a I nd perfbrmed',fiTr such sums. as may 6e, .acceptable to OWNER and ENGINUR. CONTRACTOR agmvs that. 11,8:1, the allowaniies include the cost, to CONTRAM'OR (hiss'any. appli6iablo trade discounts of materials and equipment required by the allowances to be delivered at the sifr,.and all upp4rable Izvim and I CONTRACTOR!s cogs for unloiding and handling on.the ,Sak laborifistallation cosh overhead; : Profit and Other expenses contemplated for thd allowances have been included in the Cortract Price and not -in the ;'dlcY"n6_cs and no demand for additional payment-on-accourit-oflany of the Foregoing Will be valid. Prior to'final payment, an a*(ipriate'Change Order will be issuedasrecommended by- ENGINFFR toiniflect,'actual amounts due CONTRACTOR on account of. Vork. covered by allowinces, and the Contract Price shall be correspondingly adjusted. 11.% Unii N-ce Wark 11.9. 1. Where the Contract Documents proVide that aM or part. of the work is to be; Unit Price Work, initially the.ContrgrL Price will be deemed to include fir:all; Unit Price-Woik an itinqu�t'oquai- to thesum, of the estabIL'shed, unit rrices. for- each separately identified item L of tjin't Price Work times the estimated qOiritIty of each item as indicated in the Agreement. The estimated quantities of -itms,of Unit Price Work are not guaranteed and Are. solely -for, the purpoic of comparik6n Of -Bids and ddeirmm* an initial CiAmact ,Price. Determimificins of the actual'.quantitles and classifications of Unit Prim Work performed by CONTRACTOR will be 'made by ENGINEER in accordance with Paragraph 9` 101- 11.92. Each unit price will be deemed to include an amoura'considered by CONTRACTOR to bwadequate to cover CONTRACTORS overhead and profit for each separately identified item I L9.3.OWNIH or CONTRACTOR may make a claim for an adjusunem in dieCadri . ct Price -,in acd&dancc with Puticic I I if 11:9,3.1. the quantity of any item of Urdt Price Work pert-ormed by CbmrizAaOR differs materially and ;significantly &Oin dii_ estimated quantity of such item indicated in the-Agneemenr, &KI)C(jENEKAI.,CO3QIX`nO' NS 1910-8 099U Edifian, 26 W/aTY OF FORT 001MINS-MODIFT CAM I . ONS - (PXV4120(M.) and I LAI)' there is no',co!Tesponding adjustment with.r5sped,to any other item of Work-. and 1.19.13. if CONTRACTOR believes disit CONTRACTOR is entitled to on, 'L:nc're-= in Contract .Price as a result of_ havi4inctured additional expense or. OWNER believes that OWNER is emitted LO:ai decrease -in Coranict Pficc and the parties are umble to qqw as to: the 61mourii Of any suchM'_MC4S'c 'Ord ='C3S"e._* L 1,9.3.4: CONTRACTOR ack-nowicilacs. that ,the OWNFR has the right toadd or delete iteras in the Did or change quarititin at. QWNFR'S sole discretion withbut: affecting the Contract Price of .am. addition rcmqirung�it,cT,�. the delcticin & Oca n _five percent of —d the anginal total Contract Price. ARTICLE12-CHANGE OF CONMILCT UNIES 12.1. The Contract'rimes (or Milesirdnes) may only be changed, 1)), ii Change Order or a Writteri Arnieridniiint. Any dairfi for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the pmiy making the.claim to the, other party and to ENIGINFER promptly (but in no, aent later than thitV days) after the occurrence of -the event giving rise to the claim and stating the general nature of the claim- Notice of,the c.\unt of the claim with mppomi-ig data ."1be delivered within sWilays after such occurrerice (unless. ENGINEER allows- additional time. to. ascertain mire actuate data in support of the. claim) and shall be accompanied by,the claimant's written statement that the adjustment claimed is the itIs entire, adjustment to which the , L entitle claimak ling rds6h,to befiiRii �d its _n'jestilt Of the occurrence of sai&event All blaimis,for adjustment in the Codmet Times (oi Wemnts) shall be determined by ENGINEER in; accordance -wiih: paragraph 9-11 it OWNER and CONTRACTOR cannot otherwise agree, �No claim for an lid[jiIiiffilefit in the Contract Times (or Milestoifes) will be valid if not submitted in accordance with the requirements of this pamgmpK 12. L' ) 2.2. Ail time I im iis stated' in the Contract Documents are Of the essence Of the AgromenL 12,3.. what CONTRACTOR is prevented from completing any part of the Work within tie Contract Times ' (or MIlesturies) due to de* beycind the corarol of CONTRACTOR, the Contract Times (or Milestones) will be extended in -in amodnl•eWai to time lost due to such delay if a claim is made therefor as provided in paragraph ra h 12. IL. Delays beyond tho control of CONTRACTOR shall'includr,'but not be limited to.,acts' acts or neglect b�, OWNER, actsor.nc&ct of utility owners I or other ccmractcrs performing other work as c�tcmiilated' by Article 7.. arcs, floc4s.. epidemics. abnormal weather conditions or acts. of Gcid. Peinji attributable to 'Find 7 L I I I I 1� 11 I I I I I I I j within the control of a Subcontractor "or Supptier shall be deemed to be delays within the control of CONTRACTOR- 12.4.Where CONTRACTOR is prevented from completing Any pan of the Work W'Idiin the prevented (or Milestoms) due to delay licyond the contralt of both OWNER and CONTRACTOR, hin exterm"on of the ,Con"t Tunes (or IvIllesiores) in an. amount equal to the time lost due to such delay shall be'CbNTPA&Oks solc and e: ,Clusave rciaedy'lbrr such delay.: In -no event. shall OWNTR, be liable to CONTRACTOR, any Su§cantractqT„ any Supplier, .any other perso person or criaoiiitim i:iio Any surety for or employee or a ent of. airy of them, for damages arising out of or resulting from (i)delays , caused CZor within the control of the CONTRACTOR or delays I of h:Rh parties inckidinj but Trot limileil tu, foes foods cpidomim abrimmal. wcuther conditions, acts of God'cr.acts-or neglect by utility owners or other contiacturs perform erg other work as comcnip!q!c4 by Artic,10. 1 ARTICLE u-TEsTs AND � MPE&IPNS;. CORRECTION, REMOVAL OR AMMANC-E OF OFFEUrt FE WOR K - 11L lvoficeofbefie4?& Prompt notice of all *fe,6e,Work of which OWNER: or ENGINEER have ac'nlal, kii4le4c will. be giveri-1c, CONTRACTOR All *ftcdve Work. may be rejected; corrected or Accepted asjrovidcd'in this Article 11. * AtCCM to r W01* 112 OWNER ENGINMR,,ENGU =,'sConsultants;. other representatives;. and persotnelt of Owurk Indcpandavftcstinj laboratories and g6vernment-al age-ricies e acce- With' isdictionalintei6stswillhii-v Mtbth6W_ . - jur ork At reasonable -times' for their observation; ,inspecting and testi%,; ;CONTRACTOR shall provide them proper and, safe conditions for such access and advise them, of CONMkCTOR's site si&ry procedures and kcWarns 9o. thia they. may Comply i1jerewith as applicable TestyandInwfc1ions., 133: CONTRACTOR.."I give ENGINEER, timely riciticd of readiness or the Work for all required mspections, tests or approvals4 and shall cooperate "ith inspmion and ICA ing personnel to lhei Ii ta.tc: required b1mlVct1M3'LV' tests. 13-4. tOWNER shall employ and pay for the.services of an independent testing, laborutory to perform all inspections, tests; 6F Approvals rxquired by the contract Dbcumeris except: 13:4.1, for inspections, tests, crapprovals Covered by, paragraph 13.5 below; 13.4.2. that costs incurred At connection with,lests .or inspections conducted puisbant to fmiragriiph 119 M"DcoEb"'Corsulloi,Li;191U$(1990 Emen), W1 MY OF FORT COLLINS M061111r_ATION3 (REV -12000) Below ."I •be, paid as provided in: said paragraph 1329-. And 13.4.3. as otherwise specifiqaliy provided in the Contract Docurne'riM 13.5. If Laws or Rciulitions of Any public body having jurisdiction require -,my Work (or, part thereot) specifically l oyce or .to be -�uipcctcd,', tkstcd or approved by an cr Wier rcprescittative bf such public body. CONTRACTOR shall assume full resT,6ris.ibility f6r nfrwiging and obtaimg' s'u'c'h inspectio'ns, tests or upp"ricivals, pay all C0!As in connection therewith and furnish ENGINEER the required ccirtilicates of inspection. or,approval: CONTRACTOR'shall also'he reiVonsible for arranging and 6htaining and shall pay All costs in cmificcri6n with any u_q*xctiiik tests or Approvals required for OWNER!s and ENGMER's acceptarico ormatcrials or equipment to be incorporated in the Work or of materials. mix designs, or equipment %ibmittec! for * Approval' prior to CONTRACTORS purchase thireof for inoorporationdn the WA.; 116. If any Work (or the work of others) that is to be inspected, tested or approved is covered: by. CONTRACTOR without •*Httcn concurrence. of ENGINEER;, it, ffiiist, if,rcqust6d by ENG'INFER_bc un6avcTCd for*cmtion. av uncovering Work, as provided in*paragrapih 13:� I, be at C ONTRACTOR's expense unless -coNrRAU01R.has ®Vcn'ENGINFFR timely notice of CONTRACTORs intention -to Cover ;the same 'am ENGINblik has not acted witfi.rcas6mblc promptness in resf II, se to suc600tice, - - Uncurffing Iva& 118i Iff any Work Is cov * tied contrury-1o,the written iequest of ENQ'INEER. -it must,' if requested •by, ENGINUR_'be undowred for ENOINISER's observation and replaced at-CONTRACTOR's c*.nw.. 13.9. If FNGINEHR considas itnecessary or advisable that covered Work be observed bry ENGINEM or iniiliect&l, or, trsio by otitis, CONTRACTOR 'at. ENMIEE-Ws requm shall uncover, e.<pose or otherwise make available for observation. inspection or testing as - ENGINEER, may req4irej that.portion of the Work in question ftirnishing all -necessary labor, material and equipment. If it is found that such Work is diyk64. CONTRACTOR shalt pay all Claims, costs, losscs,and Llamages caused,hy, ari%ingoul of ' resu lting sulting from suchuncovering, exposure, observation,and testing and of satisfactory •replacement or reccnaar6edon_ ('including but not. limited to all costs of repair or replacement. of work- of ethers); .anal' OWNER i1all be entided to an uppfwriatc decrease in the Contract Price, Andl if the ptutics arc unable to agree as to the Amount .theircuil may make a claim therefor as provided, in .Article 11. If. however, such Walk. is not. found to be, &fective. CON't'v%c-l-OR "n he allowed an increase in the Contract Price or An emensibn of the Ciauract Tinics (or Wilesiones), or both. di.rictlyr antribumble to such 27 I unmverirrg kin' in M tes�• pos' e replacement 'Z. and, parties .are unable to agree as to the amourd, or, extent thereof, CONTRACrop may make' ii ask therefor as prgvi&d in Articles I Land I!, 0. WAZRJfaj Stop the Work., 13,10: if the Work is defective, or CONTRA[ MR-fii�ils to supply.'sufficidit skilled workers or suitable M*atiaiuls'or eqyipm5Tu,qt fails to f4mish or perf6rat the Work in such a. way that the completed Work will conform tia'the Coniract Documents. OWNER may order CONTRACTOR to the Work, or any portion thcreuC until. the cause fix such order has beeri,eliminaiedl, haivever, this right of -OWNER to. stop the Work shall riot give risc,to any duty on the pait of OWNER to _shall this right for the benefit of CONTRACTOR or any surety or other party. CorreatonOr RentovW of Difecdve Work 13:11. Ifrequired iiyENGn*.ER,coNrRAcrop,ftiI promptly, is directed, either correct all defue6w WOTIC4 whether or not flibri I catall. installed or completed, or, if the Work his been ' rejected by ITZIGINEM remove it Teen the site and replace it with Waik that is not defective. CONTRACTOR shall pay, all' claim-, costs losses- and damages, druse& by or -resulting from. such correction or removalfincluding but not l6ited'to. ail costs of repair or replacciriiint of work of others), 1333. CorrechonPeriod, 11 2:1 Af within ene year two after the date of Substantial Completion or such longer period of time as fimy be fxewribed by Laws,or Regulatiotis-or by the tZrTris ufany.applicable spccial'gisafuntcc rcquir(Td by iiC thantra . ct Documeralts or'by anyspecificI . - _ . i provison of the Contract Docurnents. any Work is found: to be !Pfecthw. CONT ' %V.7OR,ftU promptly, without cost to OWNER And in accordance %I'tK OWNEWs-mitten instruqtio= (i) correct such defective Work, or if it has been rejected by OWNER. remove it from the,site and replace it with' Work that is not *fective, and (ii) satisActorily corrector remove and replace any,dairinge to other Work or the work of ohmss-resultIng 0 , uerefilcyrn If CONTRACTOR does riot promptly comply with the terms of such instructions, ar in an'emagency where delay would muse serious risk of loss or damage. OWNER may have,the &fecfive Work oorrected or the rejected Work- removed arid rolaxdc.t and all claim.% costs. losses and' damages caused by or resulting From such removal; and replacanent (including but not limited to all cogs of repair or replacement of work' of oilitTi),will be paid by CONTRACTOR 0.12.2.1ri special circumstances, where a particular item of equipment .is placed in continuous service before Substantial Completion of.ull the Work, the correction peri6il for that iti:rii may stan to run Inornan earlier date if so provided in the Specificsti&ns*or by Wriften"Amendment. 13,12-3- Where o'zfeciirve Work (AM damage to other 28 W/ CITY oti TORT WUIM M0DkCATi0Ns atEv 4acoii), I . . .. I - - w&k r*ltijig therefrom) -hAs been correcpM, removed or replaced undeilthis paragraph 13,124 the correction period hereunder with resliect to such Work .will &- extended for an Additional period of erne 4 tiva; years alter such, coricction or, removal and replacenienthbsbeen.safisfadorilycompleted Ac4iian.ce of Defective Work., 13,13. If, irLAcadolrequ'u"uigcomuionorremoval and replacement of dgfective Work,, OWN.ER,(q!iiL priorN. ENGI]NMRs recommendation of final. paymea also ENGINEER) fern to accept,it, OWNER may do,so. CONTRACTOR shallpay all claims, costs losses And damages Attributable to 0Vv7%fEWs evaluation of And determination to accept such *fectve-W6rk (such costs to be approved by ENGINEER as to rcasonableriess). If airy such acceptance _occurs prior to ENGINEER's issued moorp6rating the necessary revisions - in the Contract Documents, with respect to the Work; mid OWNER shall be entitled td An . al5oroprintedecrease ip the Contrad Price, ant.1,11f therics.are unable tdagr& as to ,P 'k may make a dia ml therefor the arnoidn , I ws'pr6vided'in Article 1,1. If the.acc.cItance occurs after suchrccommcndatici; an appropriate Amount will be old lay CONTRACTOR -toOWNER. - OW7VERAlaY Correct Defective Wm*.- 13.14. ;lf:CON*I*RAc.rDR fails within itrea&rhble time after writtennotice from E14G FN%.-HR to Wofk-or'to remove and replace rejected Work iis required' by PNGINFn,in accordance with paragraph 13A 1, or if CONTRACTOR fails to perform the Work in accordance with ft Contract Documents. or if C0NZTRACTOR fails to imply n_ wiih arty other pr&Vision of the Contract Documents, OWNER timy, after seven days' written- noiicwto CONTRAG-1017,correct Arid remedy any such deficiency: In exercising the rights and remedies under' this paragraph OWNER shall proceed expeditiously, 'bi ourinl!cticiii with •such corrective. and remedial Actium QVn,TER may.e=lude CONTRACTOR, from all or -pan of the site-, taka rocs.. -pion or 41_1;rw Ina. of the Work, land suspendiCONTPACTOR's services related thereto, take = ori or CONTRACTOWr tools, olow.rquipmeni and machinery at the site and incorporate in the Work all materials.andequipment stored at the site, or for which OWNER has paid CONTRACTOR but which * are stored elsewhere. CONTRACTOR shall a116W OIVNPR; OWNER's rc;rcsaduuvm agaits-and,anguyees. OWNERs-othor amtractom m I and ENGHVERs Consultants access to the site to amble OWNER to exercise the rights and.remedies under. this'paragmpE All claims, casts, losses and damages incurred or sustained by OWNER in exercising suck rights and remedies will be charged' against CONTRACTOR and a Change Onla will be issued incurporuting- the neonssary revisions ui the, ConUW"Do;;um6ts with repect to. the Work. and OWNER shall be -entitled to an appropriate decrease in the Contract price, and if the pes are unable to agree -as to the amount thereof. OWNERartimay 'make a claim therebur as.rrovided in Miele 11 . such claims, Costs, losses arid I damages will, include but n« be limited to all costs of repair or replacement or work. of others Aesstroyed: or damaged, by correction.ieradml or replaaemerit of CONTRACTOR's 4 (active Work, • CONTRACTOR shall' riot be allowed an aelersion of the Contrael Times (o Alilestenes) because of any delay in ppeurfformance of die, Wodc attnbutable to the o cercise byOWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYNMM TO CONTRACTOR AND icompiFTION Sch"le of tlatues:. 14-1. The schedule of values established as provided in ' paragraph 19 will 'serve as.die basis for progress payments. and will be iriwrperated into a, form of Applrwttdi o for Payment acceptable to ENGINEER. Progress payments on ou accnt of Unit'Price Work will to based (in the number of unit completed. I I h I I I I I I Applidriian for Progrm Payment.' '.14;2. At least twenty days befcce the date aiablished' for citch,piogress payment (brit not more often than .once a, month). CONTRACTOR shall submit,to ENGINEER for review an Appliiation for N ent filled out and signed by C'ONTRACI'OR covenng;the Wark completed as of the date of the Application and aFFMpahied by such supporting documentation as is required by tho Contract Documents: It: payment is requested on the hasisof materials and equipment not incorporated in the Work' but diliVe6ed and suitablyrstorid at the site or at another laialiort agreed.W in writing, the Application for paymtmt shall also be accompanied by a ball of sale; arctic, or other documentatitn warranting that'OWNER has received the matey"rats and equipment free and clear of all Liens mid evidence that the moteriaLs_ and equipment,are cowed bV oppropriale property irsurance anil od><r arrangements to protect OWNER's' interest therein, all of which will be satisfactory -to OWNER. The amountof retainage with respect to progress payments will betas stipulated in the A M. CONTRACTOR's Warm nty ofTiile: 143: CONTRACTOR' and guarantees that title to all -Work. . materials and equipment covered by :any Application for fiiyment, whether :incorporated in the Protect or not,.svill pass to OWN L•R no.liter than die:time of payment free and clear of all Liens. Review of.-Wheadons for Progress Payment: 14.4. ENGINEER ,will, widann'ten days after. receipt of 'each, Apljlication forPaynient, either ii clicaicin-writing a FJCbCOb-NER.V:,CONI)1710N319I0.B 0970Edliai) W/ ❑ ry OF FOR COLLINS MOOMCAT1ON5 (REV .120W) recommendation of'paymetit and present the Application to OWNER, or return the Application to CONTRACTOR' indicating iri ;writing ENGINEER's reasoins forrefusing to. may make tile` necessary corrections anal resubmit' the Application _ Ten 'days a - r pprrce.cdhm . n of the Application for Riy�mnent to OWNEIt'with INGINEER's teeommeridation the amount recommended will (subject; ,to the provisions of Ike last sentence orparapaph,l4.n. bcoome:due and when due will be paid by OWNER to CONTRACTOR 14.5. 'ENGINEER's recommeridstion of.any payment requested in an Application for Payment will eonstitute'a reprecematidn by h-iJGINEVP to OWNER. based on' ENG(i fERR's on -site observations of thc, eNiecuted Work as an experience6d and qualified design professional and on F.NGINEER'.s review of the Application for Paymhnt and the accompanyii g data and schoWhis, that to the best of -EPIGINFER's knosvlcdgo- infomation and helidf: 1'4.5.1. the Work has progessed to .the point nndrcaud; 14 4.2: the quality of the Work is- generally in ace6rdance with the Contract Documents (subject t6 im-.6aluation of the Work as a,funcuontng wholo prior to of uponSubsdmial Completion to the results of:any subsequent tests called for in the Contract Dacumetits, to a final :determination of quantities amid classifications for Unit Price - Work 'under paragraph 9:10, arid to any other ,yunitfrcatidts,stated' m the recommendation); ands 1453 theconditions precedent to. CONTRACTOR's being entitled to such payment appear to have been fulfilled :insofar as it is ' ENGINEER's iesporisibil ry to observe rile Work: However, 'by rocommending, any such payment ENGINEER will noi. thereby N deem,¢ to .have represented that: () exhaustive or continuous ono -site inspecfiiYts. have been made to, check the quality or the .quantity of .the' Work beyond the responsibilities specifically assigned to LIGINEER in the Contract Documents or (u) that there may riot be other ,ratters or issues' between the parties that might , entitle CONTRACTOR to be paid additionally by OWNERor entitle OWNER to withhold payment to CONTRACTOR 14A. ENGINEERs.recommendation bfany paymert, including, final payment, shall not mean that ENGINEER is respoasihle Coic CONTRAC:TOWs' means, methods, techniques, sequences or procedures of construction or -the safety precautions -and programs incident thereto, or for'arty laildre of CONTRACTOR w danply with Laws' and Reyvltdift applicable to the furnishing Or, rperformance of Wort,. or for any 'failure of oll®r (`TOR to .perform or ftirnM Work in accordance with the Contract Docturents. 1437 F.NGMI ER may refuse to recommend the whole or any partof arty payment if,in I NGINEER's opinion it wouldbe• incorrect to make the iepreseNnnoits to 29 OWNER referred to. in paraVVh:14,5. ENGINEER may also refine to ruommend any such payment, or_betsause of subsequently discovered evidence or the restilts, of subsequent iiispeetions: or tests, nullify; any such payment previously, receommended. -io such extent as may be necessary in ENOINliMs opinion 'to. protect OWNER. froni-los because.. 14.7.1., the Work is chificDlti. orcompletcd Work has been damaged requiring correction or replaaarierit. 13,7.3.. the Contract . price hasbeen reduced by Written Amendment or Chanige Order, 14.73_ OWNER has been required to cektect dzfeenve Work or complete Workih ncoerdanm— with' paragraph 13.14. or 14-.7.4. ENGINEER. has actual knowledge of the occurrence of 'anyy of the events enunciated' in paragraphs 15.?: t through 15.2:4 inclusive. OWNER may refuse to make payment of the full amount reromffiended by ENGINFLER bemuse: 14.75, claims hnvq been made against OWNER,.on account or6'6N'rPAcrOR'sperfonn3nce.or furnishing of the: Work,. 14.7.6 I.iens.have,heemfiled in connection wiih'the Work.. mcept where CONTRACTOR has delivered a: specific ,Bond isitislhamy; to OWNER to secure the satisfaction arxi dfschaiga of such Liens, 14:7.7, there are other items ent dingOWNFR to a act- ofTagaitat the amount recoilieierided: or 14.7:8. OWNER has actual knowledge .of the: occurrence of any of the events- enumerated ,in paragraphs 14.7.1 through 14.73 -or, paragraphs 15:2.1 through 15.1-A nnclusnve; but OWNER must give CONTRACTOR immediate wriucri notice (with a eopy'to ENGINEER) statingthe. reasons for such action and promptly payCONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR. when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action, &bsrantral Completion: 14.8, What CONTRACTOR. considers the entire Work ready for its intended use CONTRACTOR shall notify OWWfM' and ENGINEER m %%Thing that they entre Work is substantially complete (except for items specifically listed by CONTRACTOR as imxsnplete) and request that ENGINEER issue a certificate of Substantial' Completion; Witiiin a reasonable. time thereafter, OWNER, CONTRACTOR and ENGINTEM shall miike an inspection of ,the Work to determine diie'status of completion. If ENGiEER does not. consider .the Work substantially oomplete, ENvTGLNEER will notify CONTRACTOR, in writing giving the reasons therefor, If ENGINEER E10000EN At COr'a%'rlOM 191081194y Edaianl: 30 WI CITY OF FORT IIOt:riNSMODiFICA'rtONSIREV42tlaa) considers the Work,substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial'Completic_n which shall Ticthe date of Substantial Completion. Them shall Abe attached to the cer6ficatr a, tentative List of .items. to -be completed' or correcied Wore final payment. OWNER shall Piave seven days after receipt of the tentative certificate during which to make written objection to ENGMER' as. to .any provisions of the certificate or attached list, If, after considering such ubcctiumt ENOINEER•concludes that ,the Work is riot substantially complete;-ErtiGTNEER' will within- fourteen days after suhmision of the irntative certificate to OWNER notify CONI'RACrOR in•writim slating the reasons therefor, If after consideration of OWNER'S ohiietions, UNGINEER considers the Work substantially complete, ENGINEER will Within said ,fourteen days. -execute and deliver to, OWNER and :CONTRACT'OR a definitive certificate of Substantial Completion (with a revisal tentative list of items to be compacted or corrected).reflcaingsuch changes from the tentative certificatc as ENGINEER believes justified after c6risidenittoW of any objections from OWNER. At the time or delivery of the tcrmative certificate of Substantial Completion FNGINEFR .will- deliver .to OWNER and CONTRAC:TOR.awritten recommendation astodivision of r-epornsihildies pending final' payment betwecit' OWNER. and CONrRACTOR with respect to security, operation safiy, maintenance, heat, •utibtres,:insuianae and warranties. and guarantees: Unless OWNER .and CONTRACTOR agree othenvtse in writing and so inform MGINEER in Writing prior to ENGbNEWs issuing the definitive .certificate of Substantial CompPletion, ENGINEER's aforesaid recommendation will be binding an OWNER and CONTRACTOR until festal payment 14,9, OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substatiiial__ Completion.'but OWNER shall allow CONTRACTOR reasonable access to complete or correct hens of the tentativc list Parii4 Uti(irpfiun.• '14.10: Use hy'OWNER, at OWNER's option or. -any' substantially completed part,orthe Work; which: ',(i) has specifically been identified in the Contract Documents, or (u) OWNER, ENGINEER and CONTRACTOR agree cvruaitutes,a separately functioning and asabla put of the Wick that can be us_cd by OWNER for its. intended purjxise without significant inteiference with CONTRACTOR'S performance of the rcmai_nder of the Work. .may be accomplished prior to Substantial Completion of all the Work subject to the rollowing: 14.10.I.OWNER at any time may request CONTRACTOR in writing to Permit OWNER to use any suchpirt of the Work whictf OWNERbefieves to be ready for its iniixnded use and -substantially tompplete. If CONTRACTOR awces that such pail of the Wurk is substantially complete, CONTRACTOR will certify to OWNER and E.NiGBNEER that such part of the Work is substantially complete and request ENGINEER to issue a centficale of Substantial Completion for that part of the Work. I I I I I I I I I 7 L I I I I I I I 'OR at any time may no* OWNER and in writing thsit CONTRACTOR corisiders t of she Woik ready for its'intendled use and substantially complete and request ENULNUER to ISSUC a certificate of Su bswntiil Completion f& that M1 6 the Work Within. a reasonable time After either ch I request, OW1,111-R. CONTRACTOR and LNGINEER shall shake An inspectich of that pan of: the Work to determine its ssatus of compleition. If IINGINEEk does not consider that pan of Lhc'Work to be substantially complete., ENGII=. will notify OWNER 7' Bra' CON T - FkAitTOR in writing giving the reasons therefor. If bNGMER consi6rs that part of the Work to be substantially complete, die provisions of paragraphs.14.8 and 149 will apply with respect to certification' of $uhstantial Completion of that part of the Work and the division of responsibility in respect thereof And access thereto. 14.10.1 Nooccupancy orscpmtcoperadenof'part of the Work Will be accomplished prior to compliance with the requirallentsvoCparagraph 5A Sin respect of prop" insurance. Final ImTecdsin: 14.11. Upch written notice from ccimaAcTOR that the entire Work or an agreed portion thereof is complete,. ENGIT, =,- will make A final — ctioA with OWNER and' f_*ONT - RAcrolz will rsoti CONTRACTOR, in writing of all particulars in which this inspection reveals that the Work is incomplete or e. CONTRA.CT . OR. shall immediately ake 'such sh as arc necessarry.to CAMP te, Z or real adch deficiencies FTnaIeIpp1icaa#njisrPa�ivrrvic. 14.12. After. CONTRACTOR -has -completed All such convietiong to the satisfaction of ENGINEER arid delivered in:accordance" with the Contract" Di6cuments all maintersaftoe' and operating instructions, sc guarantees, Bonds, certificates or other evidence of ulm=" required b aph5.4, certificates of iris Y ParMuffients (as.provided inspection, marked -up rec6rd in pamgraph6.19) And other. documefiM CONTRACTOR may make Application. f6r final" payment following the procedure for progress payments. TherinaEAppfication for payment , .shall be accompanied (except, as, previously delivered) by; (i) all documentation didled for in the ,Contract Docurrents. including but nor' limited to the evidencii of insurance requir6d by siftamkraph5.4.1. - of the surely . if a �ii) consent riy;'�to final payment. arAL (a) complete and legally ef5wivereleases or waivers - (satisfactory to OWNER) of HU Liens Arising but of or filed in connection with the Work-'_ In lieu of such releases or wsivcn of, Liens and us approved by, OWNER, CONTRACTOR may Fumish receipts or releases in lulli and affidavivisf CONTRACTOR that: (i)'the releases ahi'J for which a Lien could!'Isc.Filed, aW,(ii)a1I payrolls, material and cqiiipmerd bill:s, Arid other indebtedness, coArected with the Work for which OWNER or OWNEXs property might many way be respiinsible have been paid or othemse�satisfied If any, Subcontractor or Su , lic� fails, (1990 Eatial), W/CVY OF FORTCOLLIM MOVINCAnONs (PtEV,1/2000) to fiiN5h such a release or receipt iry full, CONTRACTOR may Idmish a Bond -Or other. collateral satisfactory to 'OWNER to indemnify OWNER againg any Lien the surety to finalize camment,ari: tobe-submined,6n forms conformingto the format of the OWNFRS standard fist-ras.bound in,the Proied manual: F-Inat Pqvirient andAcceptance., 14.11 -11 ' on the basis of ENGIMEM's obsemation of the Work' tfiirhag c�visiniciiun and final[*irqxsftzio'n.'and HNGLNELR's r,eview,of the final,Applicatich.for payment and accompanying documentation as required by the Contrail D&sssh'ents, 634GINFER is satisfied that the Work has been completed and CONTRACTOR'& other obligationsi under the CunsiraZt Documents have 'been :fulfilled, ENGINEER will, within tcn'days after receipt of the f-mal Application for Payment 'indicate, in initing -ENGINEER'& recommendation of paymcni and pirment the Application-to.OWNER for paytherii. At the same rime ENGFNRFR Will also give written notice to OWNER anti'CO1,TI-RACTOR that the Work is acctTirahle subject to the provisions of paingraph 14. Otherwise 9NQlNFFR will return the Applicatiori to CONTRACTOR, indicatu4 in writing-tite reasoris for refusing; to. iccom*fid'ru-jaI payment, in which: case CONITRACTOR*"I make the necessary daffectiors7arid docum4entatiom, in .appropriate: form and suhshince; arid NGINt with P. - TR'i; recommendation arid notice of acceptability, the amount recommendedENGEER will beconic dose and will be' paid 1�iMowm, to CONTRACTOR -.wHecL ;rsirmam2h or these 14.14. It: *ough no -fault of =Dletiun of the Work is simi of the Agnsement, make payment of the balanceAuc for that' portion� of the Work fully completed and Accepted, If the remainugbalance to. ble held by OWNER for Work sicst fully completed or corrected is less; than ,the retamage stipulated in ' the Agreement. And if, Bonds ha Ve-Lbeers' furnished as required in paragidph 5. lAhe written consent of the surety to the payment of the balance due for that portion of the Work fully',completi'd and accepted 4-611 be submitted by CONTRACTOR to 24GN M- with the AppficaWn tar stith,paymcm Such- paymen - L "ll be made under the Lams And conditions governing final paymera, except that it shall not constitute :a waiver of claims. R'asiver of cMimx; 14.15. The making end =4ptandc of final -paynicrit will constitute. 14.15.1.a waiver of all'claims by OWNER against COMPACTOR- except claims arising fiorn unsettled Uiens, ff6m tsrfeorhe Work appear" after '31 I r I I 11 I 1 8. Is there concrete under the existing asphalt? a. It is unknown if concrete exists under the asphalt in Mason Street. For the purpose of this bid assume concrete is not present. If it is encountered it will be addressed by change order. 9. Does BNSF require the contractor to provide flagger? a. No. Contractor shall coordinate with the City to schedule railroad flagging operations when applicable. Contractor shall consolidate work that necessitates BNSF flaggers to the maximum extent feasible. 10. Will the installation of fiber be required on this job? a. No, it will be provided under separate contract. 11. What kind of coupler from HDPE to 90s is required? a. Couplers between the HDPE and the GRC 90 degree sweeps are not required if the HDPE can be angled into the vaults, provided the bend of the HDPE is not less than 10 times the inside diameter of the conduit. 12.Are GRC 90 degree sweeps required per General Note #5 on page EC03? a. GRC 90 degree sweeps are not required if the HDPE can be angled into the vaults provided the bend of the HDPE is not less than 10 times the inside diameter of the conduit. 13. Can HDPE be angled into vaults instead of using 90s or 45s? a. HDPE can be angled into the vaults instead of using fabricated sweep 90s or sweep 45s as long as the bend of the HDPE is not less than 10 times the inside diameter of the conduit. 14.Are casings required under the railroad? a. No. As bore size increases, increase the depth of the bore beneath the railroad tracks. Coordinate depth to size of bore with BNSF on site representative. 15.Are the locate pedestals to be located in the vaults or adjacent to the vaults? a. The locate pedestals shall be located adjacent to the BRT Comm vaults only. BNSF and Traffic vaults do not require locate pedestals. 16. Need clarification of "Guideway" per General Note #7 on page EC03 which states "All vaults in the guideway shall be precast concrete and rated for heavy vehicular traffic." a. Guideway refers to the Street. IAddendum 1 — 7263 Downtown Conduit Backbone and Laterals Page 3 of 8 II� I limit inspecticn.piu-swrit to paragraph 14.11, From figure to comply with,the Contract Docurnefits or the terms of any special guarantees specified thircin or from CONTRACTOK's, continuing obligations under the Cuntract'Dociuricrits; arid 14.15.2. A waiver of all claims by CONTRACTOR against OWNER! other than those previously made in writing and still unsettled.. ARTICLE . 15-SUSPF-NSION OF NVORK ANDTERMINATION OWNER May Skspend Mork: 15.1. At any time and :without cause, OWNER may nL thereof period spend the Work or any portion for a pen of not more .flian, ninety days by notice in writing .to CONTRACTOR and ENGINEER which VAII Fix the date on which Work will be resumed CONTRACTOR- shall resume the Work on the date so fixed CONTRACTOR shall be. 41kiwod an adjustment in the Contract, Price or an extension of the. Contact Times, or hotht directlY attributable to any such %.tspensicin if MNTRACrUP, makes.an- -a p- ci-ved- clitim •'therefor as prwiLlad. in Articles U arid 12: 61PAER.My Terininate. 15:2; Upoiti the occurrence of any one or more of the followingcycritm 0,11, if CONTRACTOR persistently flails to perthmi the Wor' in accuidance with Lhu,CtWmcL Documents (including.'but not limited to: failure, to supply sufficient skilled workers or'suitable materiali or equipment, or railuro to.adheri to die piogress ichcdule-viiiblished i11ider'.pw,a_6mph2.9 M. adjusted kom time to'iune pursuant to pairtigniph 6.0); 1,5.2a if CONTRACTOR disregards Laws. or Regulations of any public�bo4t'I-mvMjufisdn: g jurisdiction: 15.211. if CONTRACTOR disregards the authority of ENGINEER, or 1524. if CONTRACTOR othei-wii;e violates in any ,substantial 'way any provisions of the Contract Docurnents: OWNER may, after giving CONTR_,kCTOP (mod the surety, if�arrv) seven days' written notice and to, the extent permitted by laws and Rcguhificns,_ terminate the services of CONTRACTOR exclude coign, cTOR. from the site and take possession of the Work. and of alp CONTRACTORs took appliamm construction equipment and machinery at the site-anil use the -same to the full exicat they could be used by CONTRACTOR (without liability to CONTRACTOR for m:.Tiss or conversion). inciirpiinae in the- Wok all materials and equipment stored at the, site or f6r which OWNER has paid � 6X.DCGhN1Y,ALC0N=0M 6119-8 (kq91U RMIM), 32 our Cl-i-Y OF I;OR-F*WU.J M atry 4Q(]00)' CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may ckcrfi expeolient, In such case CONTRACTOR shall not be entitled to receive any further payment until thc,Woik is finishi(L If the unpaid 1391ancc-'oCtfic Contract price exceeds all clems. costs, Ics-M& and damages kiiinined by OWNER arising out of or resulting, from completing the Work such exccsswill be paid to CONTRACTOR If such claims,.costs, leases and damages exceed such unpaid balance, CONTRACTOR shall pray Efic,'difference to.OWNER Such claims;.coas. losses anddamage's inciinre&by OWNER will be reviewed by ENGINEER.a I s 16 their aliftwedby ENGINEER incorporated ina,Chan'ge Order, provided that wheiri exercising any rights or remedies , under ibis PaMgmph OWNER shall not be requirid to obtain the lowest prim for thi Work performed, 15.3. Where CONTRACTOR's services have been:.so terminated by OWNER, lhc-iermimticn will not aAct any nights' or remedies of 'OWNER aga . ms; CONTRACTOR then existing or which may theirafter accrtm Any retention or.payment of moneys due CONTRACTOR by OWNER' will not release CONTRACTOR Gorr liability -15,4, Uponseven, days' written notice to CONTRA.C-FOR and 'ENGINFEICOWNER-maY. without cause und,withbut,iejacc: to any other righi or. reniccly-of OWNEIL elect to4ierminate 66 Agirmicent. In such case, cqwRAcr0R shall; be paid (,Aithout duplication of any ,items)- ,15.4.1. lbrcomplcted and acceptable Work executed in -accordance with the C(iitmct Documents prior to the cffiictivc�data of tzrminntibr4- inizludiiig fair and reasonable- stiffis for 6verhind. and L pirofit on aich Work; 15.4.1 for expenses sustained prior to the effective date of termination in perform-ing-,*:service's and furnWing labor, e-quipment inaterials or - -as r . equi - red by. the, Contract `Documents tn' iibnncc�ori, with toadletcd Work plus fair and'reasoriable sums for . and prof[t on such expense%,. 15,43 ' fbir all claims, caw:, losses and damages incurred, in settlement ofvrmiriated contracts'wah Subonuactors, Suppliers and othem,,and 15AA. for reasonable expenses directly nhiibutable to termination. CONTRACTOR shall not be paid on account of I * ass of anticipated profitSr or revenue of other economic less arising out of or resulting, from such termination, CONTRACTOR bray S1qp,lVork w 7'ff"-firraic 15.5. If, through no act or fault of CONTRACTOR the Work is suspended for i'period of. in -ore dinit ninety days by OWNER or under an ordevof court or-othqr public: authority, or ENd'INEER fh6joact on art y . y Application for Payment within thirty days after it 'is submitted or, OWNER fails for thirty day -um ray CONTRA( 17OR Any I I I I I I I I I I I I I .1 I I 1 I I I I I I I 1 sum finally determined to he due, then CONTRACTOR may. upon seven days' written notice- to OWNER acid iTTGIN -EP, and prow ided OWNER orENGWEER do not remedy such suspension or failure within that time; terminate .the Ageement and recover from OWNER payment on the same-terms'as provided i i paragraph 15A4, In lieu of tenninitirg the Agreement and without prejudice to any other right or remedy- if ENGINEER has faded to act on an Application for payment within thirty days after it is submitted, or OWNER has failed for.thirty days 'to pay C0NTkAt_�'OR any sum, finally determined to be clue. CONTRACTOR may tiporr seven days' ,written notice to OWNER and ENG W EhR'srop the Work until oymem of all such' amounti flue CONTRACTOR, iticludatg interest thereon The: provisions of this ,parngraph IS 5 are nor irugitdcd to picrludc CONTRACTOR from making claim under Articles I I and 12 for an maease in Contract Price or Contract'rima or, otherwise for expenses or damage directly attributable to COATRAC 1'OR's stoppingWork as Penninpd by this paragraph ARTICLE, 16—DISPUTE RMLIT110N If,and to the ectent: that OWNER and CONTRACTOR have agh�cd on the method and procedure for resolving disputzs between them' that may arise finder ,this Agreement such dispute"resolution method.and procedure, if any, shall he as set forth in'bxhihiitGC-A 'Dispute Resolution .4g *anent", to be attached heroui;and, mtrdc'a part hereof. If no such agmement on the method and procgdu c for resolving such disputes has been readied;, and arbject to.thu, provtsrotts of jid phs9.10, 9,11 and 9.12. OWN'L•R' and CONTRACTOR may exercise such nigh ts,or,remedies as either may otherwise have under the Contract Documents or by Laws. or Regulations in respect of any. dispute, ' ARTICLE 17-NIMELLANEOUS ' Giving Nuriee.• 17.1_ Whenever any provision of the Goramct Documrnts requires the giving of witted notice, it will be deemed to have been validly given if delivered m person to the individual or to a member of the Firm, or td an olHacr of thexurptuationfor whom d isinhmdetl or Wdeltvcred at ur sent Fry. registered ar certitied,meil, Iitutagc prep aid,' to the last busirress,address known to the fiver ofthe notice, 171: Computation of Mne:. 17.2.1. When any period-oftime is referred to in the Contract Documents by days, it will be computed to olelude'the'rust and include the last day of such period If the list day of any such per'oil falls on a. Saturday or Sunday or on a, day made a legal holida by the law of the "applicable jurisdiction, such Jay will' be omitted from the corn potation. 'Ut'DCOh'NFRdL CONUITIOF1Yd911b8 (1`l'Je Eillival wi a'lY OFFORT COI LIM MODIFICATIONS (tssv artoao) I 13,11 A ialaxiar day of twenty-four hours measured from,midnight-to the next midnight will constitute a (Jay, 17.3. Should OWNER or COtJTR%(TOR cufIfer injury or damage to person -or property because of any enror, omisston,or act of the oilier purty.or of any of the odicr party s employees' or agents or others for whose acts the oihcr party is legally liable: claim will be made- 'in writing to the other party within'a reascriable time of.the first observance of such injury or damage„ •The-prinisions of this paragraph17:3 shall not he oonstmed asLa suhstimte for or a waiver of the provisions of any applicable st Ude of limitations or repow.Cumukiive Remedies: 17.4, The. duties .and obligations imposed by th6sc GerieraI Conditions and the rights. and remediess-available aticn, the warranties, guarantees and imposed upon; CONTRACTOR by 2. 6,16, 6.30, 631, 632; 133.1, 13:12; 1314, nd.FNG1NFM thereunder, ire in addition t to lie.consovcd in any way, as, a.limitation and ranedles available;to eery or all'of.ihem ierivisa iitip.csed or available- liy Laws or y special warranty'or guaromee.or'by other' he as effective as . they apply, fmfwgiomrl Fees and Count Co3ty lnctuded- 17.5. Whenever reference: is made to. "cla ms costs,. losses and ditntagcs",; it shall include in eaWcase. but not l e l iti Zed w, all fens and charges of engineers, architects, attorneys and other .professionals and all court or arbitrdtionor other dispute resolutions cosim 17.6: The laws -of the5ate o�Cg{�do alV to. is Agreement Reference to wo. inenLLqlorado statutes are as follows 176 ? 'lf a chair is• Filed O\VNII2 s cequued by law fCRS38-2(r107110 withhwtd fromalt:mU eats to CONTRACTOR sulticiefa fonds to insure- the crewmen of all chims for labor, materials team hire, sustenanceorbviiions, erovender br other supplies used or consumed by MN'rRAGTOR or, his 33' C 'HiCDCOmNutAL C0.minONS 19to-sO 9VS(56m), 34 wl aTyov FORT voLum.mcoIF7CATIONS IREV4201g1 I I I I I F-- L I {This page Ich h" intenUmalli. I I I I I I 1 (1990 E,964nj 35 W/ CITY OF FORTCOLLIMIMObIFICATI0P13 (KHV,V20lYj) I I I 96 s,cucasur�w.co,nimor+�iviu�[�9vuemc�;r w/ CITY OV FORT (.'ou-i-M M WIMC.{j7ONS (PLEV V20001 EXHIBIT CC -A to,Ceneral Condifidni ofthe Construction Contract fichwen OWNER and CONTRACTOR DISPUTE RESOLUTION AGIRMIENT OWNER and CONTRACTOR hereby agree that Artii;1C 16 of the Gcnxral,Cunditions of the Cclistrtiction C&trficr between OWN13R and CONTRACTOR' is tuniindid to include the following agreement of the parties.- 16.1. All claims, disputes and other matters in questionbetween betwn OWNER and CONTRACTOR ar='* V 611ifitfor relating,to the c6ntrici Doctimei" or the breach thereof (except fdr claims -which have beat Waived by the making or acceptance I al"firial payment Its provided by paragraph 14.15) will be decided, by arbitration in accordance with thi- Construction Indastiy Arbitration Rules of the American Arbitration Association then obtain''stubject to the limitations of the Article- 16. This agreement so . to . i�liftratc 'anaf any other it-gicemic'n-t or consent to at bitrate entered into in accordance herewith ris * tided in:thiiI. Article: 16 will bc,spccifical,br enforiScable iiii , der the prevailing law of any court havingjuridctim 16.2. No "and for arbitration of arty clairri, dispute or other matter that is xNuirc4• to be refenred to ENGINEER iiitiaily f6r decision in accordance with paragraph 9. 11 ivill be ran& until the earlier or (a) the date an which ENGINEER his rendered a written decision. or (h) the thirty-first dAy,aftcr the- parties have presented'their evidence to ENGINEER if written decision has not been. reticLered by FNGCNSER' bef6rc that date. No demand for arbitration of'ary-such c1dim,. dispute., or other matter will, be made- later than thirty'days after the date,on Which ENGINEER-hm. rchdiijd a wituri d6cision in respect thereof in accordance with paragmph'9.1 1; and the failure, to demand arbitration with m2 said thirty daye period will! result in ENAGINEER's decision being final, and binding ru�jOWNiR, and CONTRACTOR- If � ENGINEER is a decision after. artitzittion proccedirilp have been initiated, such*decision may be --entered entered as evidence,but will, not supersede the arbitration lioowdinA except Where the decisioirIisacqViablito the prirtrcsconcerried, No demand for arbitration. of any - written decision of ENGIN" IMR rendered in accordanoc with paragraph 9.10 will be made later thinten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9� 10. 16.3. Notice or the - demand (hr arbitmtim will he Filed in writing with the other party to the Agreement and with the Amcdcun Arbitration Assceiation. and a copy will be sent 16 ENGINEER for inffinnitti6n. The demand for arbitration will be trade Within the thirtyfiry or ten-day period specified in parrigWit.16.2 as applicable: and in all other cases within a reasonable time after the claim, dispute or other matter in question has ari%M,rind in no event shall, any such demand be made after the date when institution of legal: or tiqUitbbli prowedin- "ute gs bitsctl M such claim; disp or other matter in question ..Woulcl'bc6rred by the iipplicub16 statute of limitafiew. bCDC GENTRAL CONDITIONS 1910.8 (1991) Edfim) %,iCFFY OF FORT CQLUNSMODIFICATIONS (REV 9V99) 6.4: Except as *vided in 16.5 below, P'm h no.arbitration arising out of 'or TeIntitnUrT6 -the CoirmiNd Documents shall include by ounsulidatiorL joirkla or in any. other her person or ciiiiiie (including ENGZ27E�P0Y1l4ER!s Consultant, and the officers,. cfiiectors, agents, employers priconsultants of zing, of tmtn) who is not a party to this contruel'unless: 1 05.4: 1. the in6lusim of stlic'h other, person or crility is necessary . , ji complete reliefreliefis to be afforded among � th who are already mities to, the arbitratioriLand 16.4.21 such other person or entity is substantially involved in a question of low or fact which is common to thbsiiwho are already parties to the iiihirratiori and Which Will anise in such procccilings.:and 16.4.3. the written omisent of the other person or entity, sought to be included and of OWNER:and coNrRAcrOR has been -obtained for such-inelmian;. which consent shili make specific refi:rence, to this Pa . pot *.. hut m such consent shall constiruireconsent tow itniddit of any dLsputu not specificully described In such consent or •to arbitration with any party, not spin ceificiallyidentifiedi such consent. 16.5; No - -thstand" paragraph 16,4, If a claim;, IM_ Pat dispute or other matter in question between OWNER and 1, -CONTRACTO Involves the Work of,a Subcoaractor, either OWNER or cOgIrRAcrOR may join such Sutboontrivitor its a party to the arbitration b6twean'OWNER. include in all. subcontracts required by paragraph 13:11 a specific sion4hereby the Subcontractor 6onsents.0 being joinal in an arbitration between OWNEP, and CONTRACTOR involving the Work of , such Subechtractdr. Nothir4 in this liaragraph 16.5 it& in the provision of such subcontract consenting to joinder shall' ,rate any clam right crL Cause of action in favor of Subcontractor- and against •OWNER. ENGINEER ' ix' EWINIX-R's Consiiltants that dbestrot otherwise emsi, 1 16.6. *The award'rendered by the arbitrators will be final, judgment inny'becmenid upon it in any court having jurisdlct{on thereof' ' arid' •it will not be subject to mallGcatio - , 0 or apped, 16.7. OW�NERand,(CONTRACTOR agree that they almll fiisv'submit.arty and all unsettled claims, couniemlriini& . disputes and biher matters- in question betweert them Hristrig•out of or relating to the ContractDocuments or the bf;ch thereof ('disputes"), to mediation by the American Arbitration AssociatiCiL under the Conimuction lndtcairy'Mcdaifion Rules or the, American Arbitration,.kisociation phor 16 either of thein initiating against- the other a demand far arbitration, pursuant to paragraphs 16.1 through 16.6, tirdess delay in Initiating arbitration would irrevocably prejudice one of the I parties- nhc rcspcctivc thirty and ten,day time Limitzi within which to file a demand for arbitration as provided in :' par4mphs 16.2 and 16.3 above shall be iuspefidad with respect to a. dispute submitted to mediation Within those same applicable tinic limits and shall remain suspended umil ten days after the -termination of the mediation. The mediator of any -dispute submitted to mediation under this Agreement shall not serve EM arbitrutor of such dispute'tuilessother ise agreed. GC -Al E1Q.)C CIDZ .1 ONRNIIOSS 1910 (1§90 EdtimS G"l wi. CITY [,)F FORT CQ(-1.1;r5,4W)MCAT1ONS (RFV W941 SECTION 00800 SUPPLEMENTARY CONDITIONS I 1 1 I I I I I SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. City of Fort Collins and Burlington Northern Santa Fe Railroad (BNSF) must be names as additional insured. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 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). SC-6.4.1 DELETED SC-6.4.2 DELETED Other Federal Requirements. Detailed on the following pages. Other Davis Bacon Wage Rates. Detailed on the following pages. I FEDERAL TRANSIT ADMINISTRATION ' TABLE OF CONTENTS ' Federally Required Contract Clauses 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES................................................................. 1 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS....... 1 ' 3. ACCESS TO RECORDS AND REPORTS........................................................................................ 1 4. FEDERAL CHANGES....................................................................................................................... 2 5. TERMINATION.................................................................................................................................. 3 ' 6. 7. CIVIL RIGHTS REQUIREMENTS..................................................................................................... DISADVANTAGED BUSINESS ENTERPRISE (DBE)..................................................................... 4 5 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ............................ 6 ' 9. 10. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION(NONPROCUREMENT)...................... 6 BUY AMERICA.................................................................................................................................. 7 11. BREACHES AND DISPUTE RESOLUTION................................................................................... 10 12. LOBBYING......................................................................................................................................10 ' 13. CLEAN AIR..................................................................................................................................... 12 14. CLEAN WATER REQUIREMENTS................................................................................................. 12 15. CARGO PREFERENCE REQUIREMENTS.................................................................................... 12 ' 16. 17. FLY AMERICA REQUIREMENTS................................................................................................... DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS ......................................................... 13 13 18. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ................................................... 20 ' 19. 20. BONDING REQUIREMENTS..........................................................................................................21 ENERGY CONSERVATION REQUIREMENTS.............................................................................. 25 21. RECYCLED PRODUCTS................................................................................................................ 25 22. ADA Access................................................................................................................................... 25 n I L 1 7 17. Need detail/clarification of General Note #8 on page EC03 which states "All vaults located off of the BRT guideway shall be polymer concrete vaults with outer ledge to be set in concrete so slippage does not occur." a. The requirement for the concrete vault's outer ledge to be set in concrete is not a requirement for this project. This note shall be eliminated. 18. Need clarification of General Note #11 on page EC03 which states "Repair all landscape, sidewalks, curbs and gutters, and streets disturbed or damaged as a result of excavation and directional boring, as per LCUASS or per Inspectors directions if to be temporarily repaired in advance of BRT final improvements." a. Existing facilities shall be replaced to City Standards and should be considered permanent. Existing substandard pedestrian ramps are the exception, and may be replaced without truncated domes in anticipation of future MAX BRT work. 19. Can excavations be fenced off or will the holes have to be covered up daily? a. Open excavations need to be fenced and protected daily, but do not need to be backfilled or plated daily. 20. Can BNSF conduit be combined in a common trench? a. Yes. The purpose of this project is to minimize cost by combining boring efforts for Traffic, BNSF, and MAX BRT communications. 21. Need clarification of General Note #18 on page EC03 which states "Refer to MIS Infrastructure package for all fiber installation and splicing information performed under separate contract." a. This note shall be eliminated. 22. Need clarification of General Note #22 on page EC03 which states "Costs for these repairs shall not be paid for separately, but shall be included in the work." a. This note shall be eliminated. 23. Can the 2" deviation of directional bore elevation be relaxed? a. The 2 inch maximum variation from vertical elevation in Section 33 05 23.13 is a tolerance if no obstructions are encountered. If an obstruction is encountered during the drilling process, the vertical elevation may be changed and documented on the as -built drawings to clear the obstruction provided that the requirement for depths below the streets and railroad are maintained. 24. What happens when placing a vault or conduit and encounter a tree root? a. Contractor shall immediately notify the on -site Inspector and coordinate with the City Forester to resolve conflicts with trees and tree roots. Addendum 1 — 7263 Downtown Conduit Backbone and Laterals Page 4 of 8 1 1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, 1 documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. ' Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l , which is receiving federal financial assistance through the programs described ' at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means ' whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination ' or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). ' D. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract 0 1 Contract Characteristics Operational Service Contract Turnkey ; Construction,- ' Architectural Engineering Acquisition of Rolling Stock Professional Services I State Grantees None Those None None None None a. Contracts below SAT imposed on ($100,000) state pass None thru to Yes, if non- None unless None unless None unless non- b. Contracts above unless' Contractor competitive non- non- competitive award $100,000/Capital non- award or if competitive competitive Projects competitive funded thruz award award award 5307/5309/5 311 II Non State Grantees Those a. Contracts below SAT Yes imposed on Yes Yes Yes Yes ($100,000) non -state b. Contracts above Yes Grantee pass Yes Yes Yes Yes $100,000/Capital thru to Projects Contractor Sources of Authority: 149 USC 5325 (a) 2 49 CFR 633.17 s 18 CFR 18.36 (i) ' 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by ' reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply 2 shall constitute a material breach of this contract. 5. TERMINATION a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take 3 I J L possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1..the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil ' Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seg., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e ' note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: 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. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 7.2%. A separate contract goal of 10 % DBE participation has been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following concurrent with and accompanying sealed bid. 1. The names and addresses of DBE firms that will participate in this contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm 5 I 1 I L participating; 4. Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do SO. Bidders must present the information required above [with initial proposals]] (see 49 CFR 26.53(3)). d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the City of Fort Collins. In addition is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the City of Fort Collins and contractor's receipt of the partial retainage payment related to the subcontractor's work. e. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103- 355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered IN transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name). If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. BUY AMERICA The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a.60 percent domestic content.. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those,subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must 7 ' be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. i I 11 1 1 I I Certification requirement for procurement of steel, iron, or manufactured products ' Certificate of Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. , 5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date Signature Company Name ' Title Certificate of Non -Compliance with 49 U.S.C. 53236)(1) , The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 ' U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7. Date Signature , Company Name ' Title Certification requirement for procurement of buses, other rolling stock and associated ' equipment Certificate of Compliance with 49 U.S.C. 53236)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. ' 5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date Signature , Company Name ' Title Certificate of Non -Compliance with 49 U.S.C. 53236f)(2)(C) ' The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7. ' Date Signature i Company Name Title 9 1 I 11. BREACHES AND DISPUTE RESOLUTION ' Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the.parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall ' continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be -made in writing to such other party within a reasonable time after the first observance of such injury of damage. ' Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. ' 12. LOBBYING Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure ' Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the ' Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 ' CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. 10 Facilities may need to be relocated in the field and this decision is expected to be made by the City Inspector in less than one day. 25. Where is the 975' of trench? a. This length refers to the various hand trenches that will need to be made to get conduit to the vaults from the bore pits. t26. Is there a color code for the conduits? a. Colored conduit is not required. Conduits shall be labeled per the plans (i.e. "TO TV08") and markers shall be color coordinated as follows: BNSF — Blue; BRT — Green; CSU — Gold, Traffic - Orange ' 27. Can we temporarily close corners? a. Yes, however pedestrian detours and business access must be provided. This may require the construction of temporary pedestrian access ramps. 28. How long bids after are submitted to contract award? a. The City expects to award the bid within 2-3 days of the bid opening. ' Signatures and bonding typically take an additional 2-3 weeks. It is expected that construction would start on or before September 1, 2011. ' 29. Can the completion date of October 31, 2011 be extended? a. No. Contractors are expected to complete the work in the given timeframe. ' 30. Will Fort Collins enforce the $1000/day liquidated damages? a. Yes. See Revision of Section 108 Prosecution and Progress. The City may retain additional contractors to complete the work and retain any costs incurred above and beyond the bid prices of the Contractor in lieu of liquidated damages. ' 31. Substantial Completion is October 31, 2011. When is Final Completion? a. 30 calendar days after Substantial Completion. 32.Are there restrictions on how much work the prime contractor must do? a. Yes, Contractor shall perform not less than 20% of the Work with its own forces (that is without subcontracting) per Section 6.8.1 of the EJCDC General Conditions. ' 33. How many intersections can the contractors work on at a time? a. Multiple intersections can be under construction at the same time as long ' as reasonable pedestrian access is provided. In general, pedestrians should not be detoured more than one square block. Contractor should consider working in alternating intersections, or alternating sides of ' Addendum 1 — 7263 Downtown Conduit Backbone and Laterals Page 5 of 8 Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply , or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying ' contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. ' APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements , (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: , (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a ' Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement (2) If any funds other than Federal appropriated funds have been paid or will be paid to any ' person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned ' shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 , (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this ' transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the , Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited ' 11 ' I ' expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure ' or failure.] The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. ' Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 13. CLEAN AIR Clean Air— (1) The Contractor agrees to comply with all applicable standards, orders or regulations ' issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seg. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. ' 14. CLEAN WATER REQUIREMENTS Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seg. The Contractor agrees to report each violation to the Purchaser and understands ' and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. ' (2) The Contractor also agrees to include these requirements in each subcontract -exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 15. CARGO PREFERENCE REQUIREMENTS Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the 12 case of a subcontractor's bill -of -lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 16. FLY AMERICA REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 17. DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS Background and Application The Davis -Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee construction contracts and subcontracts that "at least partly are financed by a loan or grant from the Federal Government." 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29 CFR 5.5(a). 'Construction,' for purposes of the Acts, includes "actual construction, alteration and/or repair, including painting and decorating." 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below. The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts' requirements are satisfied. Clause Language Davis -Bacon and Copeland Anti -Kickback Acts (1) Minimum wages — (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are 13 [1 [1 LI I J 11 I 1 1 r considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S.. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the 14 amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination 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) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third . person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards. of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. 15 L (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation 1 of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting ' officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all ' workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding - The City of Fort Collins shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the ' same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor ' or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of ' 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the City of Fort Collins may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records — ' (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved fora period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship 16 programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the City of Fort Collins for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or 17 t I 1 11 11 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 5A 2. (4) Apprentices and trainees — (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable 18 wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility — (i) By entering into this contract, the contractor certifies that neither it (nor he or she) 19 t I 1 11 1 I nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 18. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Background and Application The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee contracts and subcontracts "financed at least in part by loans or grants from ... the [Federal] Government." 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any construction contract over $2,000 or non -construction contract to which the Act applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any "contract in an amount that is not greater than $100,000." 40 USC 3701(b)(3) (A)(iii). The Act applies to construction contracts and, in very limited circumstances, non -construction ' projects that employ "laborers or mechanics on a public work." These non -construction applications do not generally apply to transit procurements because transit procurements (to include rail cars and buses) are deemed "commercial items." 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item ' should consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5(c) must be added to the basic clause below. The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model clause below should be coordinated with counsel to ensure the Act's requirements are satisfied. Clause Language Contract Work Hours and Safety Standards (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall I require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including ' watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the 20 I intersections to accomplish this. Potholing or other moving operations are typically not restricted. 34. Can work be completed on the weekend? a. Work on the weekends must be approved by the Engineer at least 48 hours in advance and will be considered on a case by case basis. Some limitations may also apply on weekends due to scheduled special events in the Downtown area. In general, work should be scheduled Monday through Friday, 7:00 am to 6:00 pm. 35. What are the noise restrictions? a. See Section 20-25 of the Municipal Code. In general, construction noise is only restricted from 8:00 pm to 7:00 am. 36. How should the conduit be terminated at the new bus platform locations? a. Pedestrian Rated irrigation vaults or locator balls should be used. 37. Do subcontractors need to be bonded for this project? a. No, only the General Contractor needs to be bonded. 38. Does the contractor need to stamp the plans by a Professional Engineer? a. No, stamped plans will be provided by the designer prior to construction. 39. What is the Davis Bacon labor wage to be used for LABORERS on this project? a. General laborers should be paid under the Pipelayer wage. 40. What is the project budget? a. $600,000 - $900,000 41. What is required for as-builts? a. Items to be included on the as -built drawings shall consist of recording the actual horizontal location and vertical elevations of conduits; identification and description of unexpected subsoil conditions or discovery of uncharted utilities; record of actual depth at 25 foot intervals; depth and location of abandoned bores; and record depth and location of drill bits and drill stems not removed from bore. 42.Are additional permits needed from the BNSF Railroad? a. No. All on -site employees are required to have the appropriate safety certifications. See: railroadcourses.com Addendum 1 — 7263 Downtown Conduit Backbone and Laterals Page 6 of 8 , F L overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 19. BONDING REQUIREMENTS Applicability to Contracts For those construction or facility improvement contracts or subcontracts exceeding $100,000, FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows: (a) A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. (b) A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (c) A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: 1. 50% of the contract price if the contract price is not more than $1 million; 2. 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or 3. $2.5 million if the contract price is more than $5 million. (d) A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An 21 I ' irrevocable letter of credit would also satisfy the requirement for a bond. Flow Down Bonding requirements flow down to the first tier contractors. 1I Model Clauses/Language FTA does not prescribe specific wording to be included in third party contracts. FTA has prepared sample clauses as follows: Bid Bond Requirements (Construction) (a) Bid Security ' A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. (b) Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). ' It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. ' The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: (a) Performance bonds 1 22 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds The penal amount of the payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million. (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is more than $5 million. 2. If the original contract price is $5 million or less, the (Recipient) may require additional protection as required by subparagraph 1 if the contract price is increased. Performance and Payment Bonding Requirements (Non -Construction) The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. (a) The following situations may warrant a performance bond: 1. (Recipient) property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable. 3. Substantial progress payments are made before delivery of end items starts 4. Contracts are for dismantling, demolition, or removal of improvements. (b) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows: 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract 23 I I I 11 price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c) A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. (d) When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: 1. The penal amount of payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million; (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is increased. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (recipient) shall determine the amount of the advance payment bond necessary to protect the (Recipient). Patent Infringement Bonding Requirements (Patent Indemnity) ' The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The (recipient) shall determine the amount of the patent indemnity to protect the (Recipient). Warranty of the Work and Maintenance Bonds (a) The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. (b) The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds ' 24 shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). 20. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 21. RECYCLED PRODUCTS Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 22. ADA Access Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 et seq. and DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; and Joint ATBCB/DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB's "Americans with Disabilities Act Accessibility Guidelines" (ADAAG), revised July 2004, which include accessibility guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37. 25 ' 3- U.S. DEPT. OF LABOR, DAMS BACON MINIMUM WAGES, COLORADO DATE 07-29-11 nFNFRAT. T)FC1VC)N NTTMRFRS C070100014 ANT) C070100015_ HIGHWAY CONSTRUCTION 11 I 1 i I� �J I I 1 I General Decision No. CO20100014 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Fringe Benefits Last Hourly Mod Rate Laborers: Asphalt Laborer/Raker, Common Laborer, 1400 and Concrete Laborer/Mason Tender 18.68 6.78 General Decision No. CO20100014 The wage and fringe benefits listed below do not reflect collectively bargained rates. 1500 Bricklayers 15.55 2.85 Carpenters: 1600 Form Work (Excluding curbs and gutters) 16.54 3.90 1601 All other work 16.61 3.88 1700 Concrete Finishers/Cement Masons 16.05 3.00 Ironworkers: 1900 Reinforcing 16.69 5.45 1901 Bridge Rail (Excludes guardrail) 18.22 6.01 Laborers: 2001 Fence Erector (Includes fencing on bridges) 13.02 3.20 . 2002 Form Work (Curbs and gutters only) 11.85 3.45 2003 Guardrail Erector (Excludes bridgerail) 12.89 3.20 2004 Landscape and Irrigation Laborer 12.26 3.16 2005 Pipelayer 13.55 2.41 2006 Striping Laborer (Pre -form layout and removal of 12.62 3.21 pavement markings) 2007 Traffic Director/Flagger 9.55 3.05 Traffic and Sign Laborer (Sets up barricades and 2008 cones, 12.43 3.22 and installs permanent signs) PAINTERS 2100 Brush 16.94 2.10 2101 Spray 16.99 2.87 POWER EQUIPMENT OPERATORS: 2200 Backhoes 16.54 4.24 2201 Bobcat/Skid Loader 15.37 4.28 2202 1 Concrete Pump Operator 16.52 4.30 1 -4- 'U.S. DEPT. OF LABOR, DAMS BACON MINIMUM WAGES, COLORADO DATE 07-29-11 GENERAL DECISION NUMBERS CO20100014 AND CO20100015. HIGHWAY CONSTRUCTION General Decision No. CO20100014 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Fringe Benefits Last Hourly Mod Rate POWER EQUIPMENT OPERATORS (cont.): Drill Operator: 2203 All except William MF/Watson 2500 16.74 2.66 2204 Forklift 15.91 4.09 2205 Rotomill Operator 16.22 4.41 2206 Post Driver/Punch Machine 16.07 4.41 2207 Tractor 13.13 2.95 2208 Compactor (Dirt and soil only) 16.70 3.30 Groundman (Traffic signalization) 2301 Class C 11.44 3.25 Truck Drivers: 2400 Floats -Semi Truck 14.86 3.08 2401 Multipurpose Truck - Specialty & Hoisting 14.35 3.49 2402 Truck Mechanic 16.91 3.01 2403 Pickup Truck (Includes Pilot and Sign/Barricade 13.93 3.68 Truck) 2405 Single Axle Truck 14.24 3.77 2406 Distributor Truck 15.80 5.27 2407 Dump Truck: 2408 14 cubic yards and under 14.93 5.27 2409 15 to 29 cubic yards 15.27 5.27 2410 30 to 79 cubic yards 15.80 5.27 2411 80 cubic yards and over 16.45 5.27 2412 Low Boy Truck 17.25 5.27 2413 Water Truck 14.93 5.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses [29 CFR 5.5(a)(1)(ii)]. END OF GENERAL DECISION NUMBER CO20100014. I ' -5- U.S. DEPT. OF LABOR, DAMS BACON MINIMUM WAGES, COLORADO DATE 07-29-11 GFNERAI. DECISION NUMBERS CO20100014 AND CO20100015. HIGHWAY CONSTRUCTION I I 1 I J I I I General Decision No. CO20100015 applies to the following counties: Alamosa, Archuleta, Baca, Bent, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, Elbert, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Huerfano, Jackson, Kiowa, Kit Carson, La Plata, Lake, Las Animas, Lincoln, Logan, Mineral, Moffat, Montezuma, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pitkin, Prowers, Rio Blanco, Rio Grande, Routt, Saguache, San Juan, San Miguel, Sed wick Summit Teller, Washington, and Yuma counties. When work within a project is located in two or more counties, and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. CO20100015 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Fringe Benefits Last Hourly Mod Rate ELECTRICIANS: (Including traffic signal installation) Electrical work $150,000 or less (Alamosa, Archuleta, Baca, Bent, Chaffee, Conejos, Costilla, 3200 Crowley, Custer, Fremont, Huerfano, Kiowa, Las 22.85 10.79 Animas, Mineral, Otero, Prowers, Rio Grande, and Saguache counties) Electrical work over $150,000 (Alamosa, Archuleta, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, 3201 Custer, Fremont, Huerfano, Kiowa, Las Animas, 27.00 10.91 Mineral, Otero, Prowers, Rio Grande, and Saguache counties) Electricians (Clear Creek, Eagle, Gilpin, Grand, 3202 Jackson, Lake, Logan, Morgan, Phillips, Sedgwick, 31.60 12.52 6 Summit, Washington, and Yuma counties) Electricians (Cheyenne, Elbert, Kit Carson, Lincoln, 3203 Park, 28.55 13.43 7 and Teller counties) Electricians (Dolores, Garfield, Gunnison, Hinsdale, 3204 La Plata, Moffat, Montezuma, Ouray, Pitkin, Rio 28.00 9.24 Blanco, Routt, San Juan, and San Miguel counties) 3205 Electricians (Delta and Montrose counties) 21.31 8.92 3206 Traffic Signal Installer (Zone 1) 23.83 4.75 + 13.75% 3207 Traffic Signal Installer (Zone 2) 26.83 4.75 + 13.75% Traffic Installer Zone Definitions Zone 1 — Within a 35 mile radius measured from the addresses of the following cities: Colorado Springs - Nevada & Bijou Denver - Ellsworth Avenue & Broadway Ft. Collins - Prospect & College Grand Junction - 12th & North Avenue Pueblo - I-25 & Highway 50 Zone 2 - All work outside these areas. I -6- ,U.S. DEPT. OF LABOR, DAMS BACON MINIMUM WAGES, COLORADO DATE 07-29-11U GENERAL DECISION NUMBERS CO20100014 AND CO20100015_ HIGHWAY CONSTRCTION General Decision No. CO20100015 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Fringe Benefits Last Hourly Mod Rate POWER EQUIPMENT OPERATORS: 3300 Bituminous or Asphalt Spreader/Laydown Machine 23.67 9.22 3301 Bulldozer 23.67 9.22 Crane: 3302 50 tons and under 23.82 9.22 3303 51 to 90 tons 23.97 9.22 3304 91 to 140 tons 24.12 9.22 3305 141 tons and over 24.88 9.22 3306 Grade Checker 23.82 9.22 Loader: 3307 Barber Green, etc., 6 cubic yards and under 23.67 9.22 3308 Over 6 cubic yards 23.82 9.22 Roller (excluding dirt and soil compaction): 3309 Self-propelled, rubber tires under 5 tons 23.32 9.22 3310 Self-propelled, all types over 5 tons 23.67 9.22 3311 Trackhoe 23.82 9.22 3312 Oiler 22.97 9.22 3313 Water Wagon 23.82 9.22 General Decision No. CO20100015 The wage and fringe benefits listed below do not reflect collectively bargained rates. Carpenters: 3600 Form Building and Setting (Excluding curbs and 15.92 5.38 gutters) 3601 All other work 16.30 3.71 3700 Concrete Finishers/Cement Masons 15.55 2.85 3800 Groundman (Traffic signalization) 11.57 3.50 Ironworkers: 3900 Reinforcing 16.94 6.77 3901 Bridge Rail (Excluding guardrail) 16.76 6.01 I I I I 1 I i 1 I I I -7- U.S. DEPT. OF LABOR, DAMS BACON MINIMUM WAGES, COLORADO DATE 07-29-11 GENERAL DECISION NUMBERS CO20100014 AND CO20100015. HIGHWAY CONSTRUCTION General Decision No. CO20100015 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Fringe Benefits Last Hourly Mod Rate Laborers: 4000 Asphalt Laborer/Raker 12.40 2.92 4001 Common 12.44 3.53 4002 Concrete Laborer/Mason Tender 12.44 3.10 4003 Striping -Paint Laborer (Pre -form layout and removal 12.90 3.07 of pavement markings) 4004 Traffic Director/Flagger 9.42 3.21 4005 Traffic/Sign Laborer (Sets up barricades and cones, 12.39 3.20 and installs permanent signs) 4007 Guardrail (Excludes bridgerail) 12.78 3.31 4008 Formwork (Curbs and gutters only) 12.92 4.54 4009 Landscape Laborer (Including irrigation work) 12.21 3.16 Painters: 4100 Spray 17.54 3.52 POWER EQUIPMENT OPERATORS: 4200 Asphalt Plant 17.23 1.20 4201 Asphalt Screed 16.21 3.76 4202 Backhoe 16.42 4.42 4203 Compactor (Dirt and soil only) 16.52 3.13 4204 Grader/Blade 16.39 4.20 4205 Mechanic and or Welder (Includes heavy duty and 16.74 4.20 combination mechanic welder) 4206 Post Driver/Punch Machine 16.07 4.41 4207 Rotomill Operator 16.28 4.41 4209 Scraper 17.62 3.16 0 43.What method was used to calculate the 11,744 LF of directional boring? a. This number is the length of boring, regardless of the number of conduits in each bore. 44.Additional insurance is required and is available from BNSF. Due to the proximity of the project to the BNSF railroad tracks, this may be in excess of standard City insurance requirements. • Commercial General Liability Insurance: Contractual liability with a ' combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000. • Business Automobile Insurance: Combined single limit of at least $1,000,000 per occurrence. • Workers Compensation and Employers Liability Insurance: Employers' 1 Liability with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. • Railroad Protective Liability Insurance: Coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. 1 I 11 1 IAddendum 1 — 7263 Downtown Conduit Backbone and Laterals Page 7 of a I -8- i U.S. DEPT. OF LABOR, DAMS BACON MINIMUM WAGES, COLORADO DATE 07-29-11 GENERAL DECISION NUMBERS CO20100014 AND CO20100015, HIGHWAY CONSTRUCTION General Decision No. CO20100015 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Fringe Benefits Last Hourly Mod Rate Truck Drivers: 4400 Dump 14.15 3.83 4401 Low Boy 15.07 4.56 4402 Truck Mechanic 15.97 4.61 , 4403 Multipurpose Truck -Specialty and Hoisting 14.60 3.49 4404 Pickup (Including pilot car) 14.04 3.49 4405 Water Truck 14.88 2.07 4406 Distributor 15.80 5.27 I 1 I� 1 1 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 1 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses [29 CFR 5.5(a)(1)(ii)]. END OF GENERAL DECISION NUMBER CO20100015. i 1 i 1 1 1 1 1 1 1 I U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 03-12-02 GENERAL DECISION NUMBERS C0020014 AND C0020015, HEAVY AND HIGHWAY CONSTRUCTION ' WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: ♦ an existing published wage determination ♦ a survey underlying a wage determination ♦ a Wage and Hour Division letter setting forth a position on a wage determination ' matter ♦ a conformance (additional classification and rate) ruling ' On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact ' should be with the Branch of construction wage Determinations. Write to: Branch of Construction Wage Determinations ' Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 ' The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: ! Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 4.) All Decisions of the Administrative review board are final. I No Text SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Downtown Conduit Backbone and Laterals CONTRACTOR: Tetra Tech Construction Services Inc. PROJECT NUMBER: 7263 DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: cc: City Clerk Project File Engineer Contractor Architect Purchasing DATE: DAT DATE: DATE: Ser:tinn nnAnn APPLICATION FOR PAYMENT OWNER: City of Fort Collins PROJECT: ENGINEER: CONTRACTOR: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: PERIOD ENDING: PROJECT NUMBER: PAGE 1 OF 4 CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. I CONTRACT AMOUNTS APPLICATION FOR PAYMENT Work Work Work Completed Completed Completed This Previous To Bid Month Periods Date Item PAGE 2OF4 Stored Materials Total 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 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period PAGE 4 OF 4 Installed On Hand This. This Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 3 2011 MAX BRT DOWNTOWN CONDUIT BACKBONE AND LATERALS ' GENERAL REQUIREMENTS INDEX SECTION PAGE NUMBERS O1O10 Summary of Work General Requirements 1-2 01040 Coordination General Requirements 3-4 01310 Construction Schedules General Requirements 5-6 01330 Survey Data General Requirements 7 01340 Shop Drawings General Requirements 8-10 01410 Testing General Requirements 11-12 01510 Temporary Utilities General Requirements 13 ' 01560 Temporary Controls General Requirements 14-15 01700 Contract Closeout General Requirements 16 01800 Method of Measurement and Basis of Payment General Requirements 17 I r-, I I 1 I City of Fort Collins le i11lllllIllIl""�Purchasing ADDENDUM No. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7263: Downtown Conduit Backbone and Laterals OPENING DATE: 3:00 PM (Our Clock) August 8, 2011 Financial Services Purchasing Division 215 N. Mason St. 2ntl Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 tcgov. com/purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 — Questions & Answers Exhibit 2 — Revised Davis Bacon Wage Determination Please contact John Stephen, CPPO, LEED AP, Senior Buyer, 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. Addendum 2 — 7263 Downtown Conduit Backbone and Laterals Page 1 of 11 1 EXHIBIT 2 — ADDITIONAL FEDERAL REQUIREMENTS 1. Add to Section 00800, Supplementary Conditions the following: SC-5.1 Performance, Payment and Other Bonds: Payment bond is changed to the correct percentage per #18, Bonding Requirements, found in the Federal Requirements titled"Federal Transit Administration". 2. Add the following Cargo Preference Requirements clause to the Federal Requirements titled "Federal Transit Administration". CARGO PREFERENCE REQUIREMENTS Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 3. Delete the following Fly America Requirements from the Federal Requirements titled "Federal Transit Administration". The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301- 10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. Addendum 1 — 7263 Downtown Conduit Backbone and Laterals Page 8 of 8 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of the excavation, installation, backfill, traffic control and surface restoration of a multiple conduit duct bank in downtown Fort Collins related to the two-way conversion of Mason Street and the MAX Bus Rapid Transit Project. In addition to the City conduit system, conduits and vaults are being included for the Burlington Northern Santa Fe Railroad (BNSF). The conduit duct bank shall consist of a combination of joint trench and directional boring along Mason Street with multiple crossings of City intersections and the BNSF Railroad at and between the intersections of Laurel, Myrtle, Mulberry, Magnolia, Olive, Oak, Mountain, Laporte, and Maple. Elements include 2 inch, 3 inch, and 4 inch PVC conduit; 2 inch, 3 inch, and 4 inch HDPE conduit; conduit bends, fittings, vaults and handholes; trenching, flow filling of trenches and bores under streets and railways; sidewalks and other hardscapes and landscapes; direction boring; and all miscellaneous materials required to complete the work, including all labor, materials, equipment, and traffic control. Federal requirements and Davis -Bacon wages apply. Specific locations are described in the plans "Downtown Conversion" and in Section 3500, Project Map. Quantities are listed in the bid schedule. Work shall be complete by October 1, 2011. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. Also see tree protection standards. C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner's costs in providing field engineering and/or inspection services because of such work. The cost for field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to ' temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Erika Keeton and/or Tracy Dyer will be the Program Manager/Project Manager. Erika Keeton 970-221-6521 / 970-222-0787 Tracy Dyer 970-416-2011 / 970-222-0855 F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page I of 17 r I SECTION 01010 ' SUMMARY OF WORK UTILITIES Water: City of Fort Collins, Colorado 221-6700, Meter Shop 221-6759 Storm Sewer: City of Fort Collins, Colorado Sanitary Sewer: 221-6700 City of Fort Collins, Colorado 221-6700 Electrical: City of Fort Collins, Colorado 221-6700 ' Gas: Xcel Energy Emergency 1-800-895-2999 Local Contact: Pat Kreager 970.566.4416 Telephone: UNCC / 1-800-922-1987 Local Contact: Debbie Kautz 970.689.0635 Traffic Operations: City of Ft. Collins, Colorado 221-6630 Cable Television: Comcast 493-7400 Utility Notification Center of Colorado (UNCC) - 811 1-800-922-1987 ' AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: ' Poudre Fire Authority Non -Emergency: 221-6581 Emergency: 911 Police: ' City of Fort Collins Police Department Non -Emergency: 221-6540 Emergency: 911 ' Postmaster: US Postal Service: 225-4111 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6630 ' END OF SECTION Larimer County Sheriffs Department: Non -Emergency: 221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 Geneml Requirements - Page 2 of 17 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. The Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Engineer shall introduce the project Representatives. B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. 1.3 PROGRESS MEETINGS A. Contractor and Engineer shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Engineer and Resident Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Engineer or Owner. General Requirements - Page 3 of 17 SECTION 01040 ' COORDINATION C. Minimum agenda shall include: ' 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. ' 4. Revision of Construction Schedule as appropriate. D. The Project Representative and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the ' basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION I I I I I I I I I General Requirements - Page 4 of 17 I I SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. C. The schedule must show how the street, landscaping and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones B. Report of delivery of equipment and materials. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Engineer, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Requirements - Page 5 of 17 I SECTION 01310 ' CONSTRUCTION SCHEDULES 1.5 OWNER'S RESPONSIBILITY 1 A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. ' B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION LI, I I I [1 I 1 ' General Requirements - Page 6 of 17 1 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS A. The Owner will provide the construction surveying for the street and landscaping improvements. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing surveying. C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re -staking construction stakes and for the cost of re-establishing a destroyed monument. F. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION General Requirements - Page 7 or 17 i t E1 I 11 I 1 I I u I SECTION 01340 SHOP DRAWINGS 1.1 GENERAL A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. Engineer will not accept Shop Drawings or other submittals from anyone but Contractor. B. Schedule: Reference Section 0 13 10, Construction Schedules. Submittals received by Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the schedule. C. Any need for more than one re -submission, or any other delay in obtaining Engineer's review of submittals, will not entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or an increase in Contract Price. D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication. E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped by Contractor and properly marked by Engineer, are at the site and available to workmen. F. Do not use Shop Drawings which do not bear Engineer's mark "NO EXCEPTION TAKEN" in the performance of the Work. Review status designations listed on Engineer's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms with the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Engineer's notations. Contractor is to proceed with the Work in accordance with Engineers notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. REJECTED Signifies material or equipment represented by the submittal does not conform with the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. General Requirements - Page 8 of 17 C SECTION 01340 SHOP DRAWINGS ' 4. FOR REFERENCE ONLY Signifies submittals which are for supplementary information only; pamphlets, general information sheets; catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer or Owner in design, operation, or maintenance, but which by their nature do not constitute a basis for determining that items represented thereby conform with the design concept or comply with the information given in the Contract Documents. Engineer reviews such submittals for general information but not for substance. ' 1.2 SHOP DRAWINGS A. Include the following information as required to define each item proposed to be furnished. 1. Detailed installation drawings showing foundation details, and clearances required for construction. 2. Relation to adjacent or critical features of the Work or materials. 3. Field dimensions, clearly identified as such. 4. Applicable standards, such as ASTM or Federal Specification numbers. 5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance characteristics and capacities, and other information specified or necessary: a. For Engineer to determine that the materials and equipment conform with the design concept and comply with the intent of the Contract Documents. b. For the proper erection, installation, and maintenance of the materials and equipment which Engineer will review for general information but not for substance. c. For Engineer to determine what supports, anchorages, structural details, connections and services are required for materials and equipment, and the effect on contiguous or related structures, materials and equipment. 6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable Engineer to review the information effectively. B. Manufacturer's standard drawings, schematics and diagrams: ' 1. Delete information not applicable to the Work. 2. Supplement standard information to provide information specifically applicable to the Work. C. Format. ' 1. Present in a clear and thorough manner 2. Minimum sheet size: 8 %2" x 11 ". 3. Clearly mark each copy to identify pertinent products and models. 4.. Individually annotate standard drawings which are furnished, cross out items that do not apply, describe exactly which parts of the drawing apply to the equipment being furnished. 5. Individually annotate catalog sheets to identify applicable items. 6. Reproduction or copies of portions of Contract Documents: a. Not acceptable as complete fabrication or erection drawings. b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail drawings. I General Requirements - Page 9 of 17 , I iJ I I I I I I I u I I I I I I 11 SECTION 01340 SHOP DRAWINGS 7. Clearly identify the following: a. Date of submission. b. Project title and number. c. Names of Contractor, Supplier and Manufacturer. d. Specification section number, specification article number for which items apply, intended use of item in the work, and equipment designation. e. Identify details by reference to sheet, detail, schedule or room numbers shown in the Contract Documents. f. Deviations from Contract Documents. g. Revisions on re -submittals. h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and the Contract Documents. 1.3 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Shop Drawings. a. Three (3) copies minimum, two (2) copies which will be retained by Engineer. 1.4 RE -SUBMISSION REQUIREMENTS A. Make corrections or changes required by Engineer and resubmit until accepted. B. In writing call Engineer's attention to deviations that the submittal may have from the Contract Documents. C. In writing call specific attention to revisions other than those called for by Engineer on previous submissions. D. Shop Drawings. 1. Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wiring and piping layouts. END OF SECTION General Requirernents - Page 10 of 17 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 Federal Requirements Davis Bacon Wage Rates 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SECTION 01410 TESTING ' 1.1 GENERAL A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval hereof shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any 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. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: I. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. , 3. Concrete test, except those called for under Submittals thereof. 1.3 CONTRACTOR'S RESPONSIBILITIES A. 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: ' 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractors failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Project Representative 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractor' s control system shall specifically include all testing required by the various sections of these Specifications. ' General Requirements - Page I 1 of 17 , I SECTION 01410 TESTING B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. C. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document inspections and tests as required by each section of the Specifications. Provide copies to Engineer weekly. END OF SECTION I I II� I 1 1 1 1 1 I General Requirements - Page 12 of 17 I 1 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnishtemporary sanitary facilities at each site for the needs ofconstruction workers and others performing worker furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. END OF SECTION General Requirements - Page 13 of 17 I SECTION 01160 TEMPORARY CONTROLS 1.1 NOISE CONTROL ' A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1 1.2 DUST CONTROL 1 A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. IA EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. 1. Measures in general will include: a. Control of runoff. b. Trapping of sediment. c. Minimizing area and duration of soil exposure. d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of 1 banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual. 1 General Requirements - Page 14 of 17 1 1 SECTION 01560 TEMPORARY CONTROLS 1.5 TRAFFIC CONTROL A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices"(MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook," and the current "Larimer County Urban Area Street Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. 1.6 HAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION General Requirements - Page 15 of 17 I SECTION 117"0 ' CONTRACT CLOSEOUT 1.1 CLEANING AND RESTORATION ' A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Project Representative will be the judge of the degree of restoration required. 1.2 PROJECT RECORD DOCUMENTS A. Maintain on the job site, and make available to the Engineer upon request, one current marked -up set of the drawings which accurately indicate all approved variations in the completed work that differ from the design information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered. B. These record drawings along with any survey records, photographs and written descriptions of said work as maybe required by the Engineer shall be submitted prior to project acceptance. END OF SECTION I 1 'L , I] I General Requirements -Page 16 of 17 I SECTION 01800 METHOD OF MEASUREMENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. END OF SECTION General Requirements - Page 17 of 17 I d 1 I SECTION 02000 PROJECT SPECIAL PROVISIONS The Colorado Division of Transportation "Standard Specifications for Road and Bridge Construction", 2011, and the current Larimer County "Urban Area Street Standards", (hereafter referred to as the "Standard Specifications") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. SECTION 104 Traffic and Parking Control 105 Control of Work 107 Protection and Restoration of Property and Landscape 108 Prosecution and Progress 201 Clearing and Grubbing 208 Erosion Control and Inlet Protection 212 Seeding, Fertilizer, and Sodding 608 & 609 Asphalt and Concrete Surface Restoration 630 Construction Zone Traffic Control 660 Downtown Conduit Backbone and Laterals 27 05 43 Underground Ducts and Raceways for Communication Systems 31 23 16.13 Trenching 31 23 23 Controlled Low Strength Material 33 05 23.13 Utility Horizontal Directional Boring I REVISION OF SECTION 104 TRAFFIC AND PARKING CONTROL Section 104 of the Standard Specifications is hereby revised as follows: , Subsection 104.04 shall include the following. ' It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic, the street(s) shall be posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to the commencement of , work and shall clearly show the type of work, and the day, date and times that the message on the sign is in effect. (For example, if a street is to be patched on Wednesday, July 2, the street shall be posted no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, W EDNESDAY, JULY 2, 7:00 A.M. TO 6:00 P.M., PATCHING.) See sample "NO PARKING" sign. "NO PARKING" signs shall remain in place until the street is ' opened to traffic and all clean up operations completed. All information on the "NO PARKING" signs, with the exception of the date, shall be in block letters permanently , affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style letters. The "NO PARKING" signs shall be in effect for one or two days only. At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the Engineer will meet to discuss the progress of the work and the placement of traffic control devices including "NO , PARKING" signs. Any necessary adjustments shall be made. The Contractor shall also review at this time with the Engineer the proposed means of handling parking and traffic control for upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a result of this work. , The Contractor shall maintain pedestrian and vehicular access to all businesses within the project at all times. Pedestrian access must be clearly delineated and buffered from construction activities at all times, and may include construction and installation of temporary ramps and walkways as necessary. , Any changes in the traffic control, including additional signs, barricades, and/or flaggers needed in the field shall be immediately implemented as directed by the Engineer. "Revision ' The cost for traffic control is covered in of Section 630, Construction Zone Traffic Control" found herein. 1 Project Special Provisions - Page 2 of 48 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1- 1 1 i NO PARKING Wed July 7 7:00 AM - 6mm PM PATCHING END OF SECTION Project Specifications - Page 3 of 48 SECTION 00020 II.V/kr-11%I M z1103:1111 REVISION OF SECTION t05 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised as follows: COOPERATION BETWEEN CONTRACTORS Subsection 105.11 shall include the following: City Utilities, Streets, Traffic, BNSF and utility contractors may perform work related to the project within or near the limits of this project. The Contractor shall conduct the work without interfering or hindering the progress or completion of the work being performed by other contractors. The Contractor shall coordinate extensively with these entities to minimize traffic control and scheduling conflicts, and ensure timely completion of all the work. INSPECTION AND TESTING OF WORK Subsection 105.15 shall include the following: The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. MAINTENANCE DURING CONSTRUCTION Subsection 105.18 shall include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left uncleaned after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project is accepted will not be paid for separately, but shall be included in the work. END OF SECTION Project Specifications - Page 4 of 48 0 i i 0 i REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE Section 107 of the Standard Specifications is hereby revised as follows: Subsection 107.12 shall include the following: The fact that any underground facility - sprinkler systems, utility services, etc. - is not shown on the plans, details or construction documents shall not relieve the Contractor of his responsibilities as provided for in the Contract. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such underground improvements which may be subject to such damage by reason of his operations. If the landscaped area to be repaired is five (5) inches or less in width, the Contractor shall clean the area of all debris (i.e. concrete, road base, etc.) to a minimum depth of four (4) inches, prepare all edges to be clean and vertical, and place (see below) and compact topsoil. The topsoil shall be compacted utilizing a hand operated roller or other method approved by the Engineer. The topsoil shall consist of loose friable loam reasonably free of admixtures of subsoil, refuse, stumps, roots, rocks, brush, weeds, heavy clay, hard clods, toxic substances or other material which would be detrimental to the proper development of vegetative growth. The material to be utilized shall be approved by the Engineer prior to placement. The topsoil shall be in a relatively dry state and placed during dry weather. The topsoil shall be fine graded to eliminate rough and low areas and ensure positive drainage. The existing levels, profiles and contours shall be maintained. If any turf portion of the area to be repaired is greater than five (5) inches in width, the Contractor shall clean and prepare the area along the entire length of the repair location as stated above to a minimum of one (1) foot, place sod over the entire area, water once, and notify the property owner in writing of the nature of the work that has taken place and that the sod will be watered only once. If the area to be repaired is only damaged on the surface, the Contractor shall remove the damaged areas of sod to a depth that will allow new sod to be placed, place new sod, water once and notify the property owner in writing of the nature of the work that has taken place and the fact that the sod will be watered only once. The minimum overall width of the area to be sodded shall be one (1) foot. Sprinkler systems damaged as a result of construction operations shall be replaced at the Contractor's expense, within three (3) working days from the date of damage. All landscaping that is disturbed due to construction operations shall be replaced by the Contractor at his expense. All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work, and no measurement or payment shall be made separately for the protection and restoration of landscaping and lawns. All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground facilities shall be considered incidental to the work being done and shall not be measured and paid for separately. END OF SECTION Project Special Provisions - Page 5 of 48 1 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: SCHEDULE Subsection 108.03 shall include the following: A schedule of work must accompany any bid, and shall include number of working days per area to complete all unit work items covered by the contract. The schedule should take any priorities into consideration. The schedule should also include projected start and end dates. Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the schedule of working days discussed above. , LIMITATION OF OPERATIONS Subsection 108.04 shall include the following: The work shall be completed within the following calendar months: JAN FEB MAR APR MAY JUN JUL AUG SEPT NOV DEC u'yaggV pOCT Tk k, �, DETERMINATION AND EXTENSION OF TIME Subsection 108.07 shall include the following: Work hours shall be 7:00 a.m. to 6:00 p.m., Monday through Friday, or as approved by the Engineer. All Work is to be completed prior to October 31, 2011 and during the months of August, September and October FAILURE TO COMPLETE WORK ON TIME Subsection 108.08 shall include the following: Failure to meet the agreed upon milestones or fully complete the project prior to October 31, 2011, shall result in damages assessed against the Contractor. At the City's option, liquidated damages in the amount of $1,000.00 per day may be retained from any monies due the Contractor, or the City may retain an additional contractor(s) to complete the work, or portion thereof, and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of liquidated damages. END OF SECTION Project Special Provisions - Page 6 of 48 REVISION OF SECTION 201 CLEARING AND GRUBBING ' Section 201 of the Standard Specifications is hereby revised as follows: CONSTRUCTION REQUIREMENTS Subsection 201.02 shall be amended to include the following: When any tree roots are encountered during construction operations, the Contractor shall notify the Engineer prior to ' any root removals. The Engineer and the City Forester's representative shall then make a determination regarding removal. Tree roots shall be removed with a sharpened, sanitized saw, cut orthogonally to its longitudinal axis as closely as ' practical, to leave the freshly cut root surface in a clean and smooth condition. Axes or other blunt objects shall not be used to cut tree roots. Where it is anticipated that tree roots may be encountered, great care shall be taken by the Contractor to prevent any damage to the roots with tools or equipment. BASIS OF PAYMENT 1 Subsection 201.04 shall be amended to include the following: All costs for removing tree roots shall be considered a subsidiary obligation of the Contractor in connection with the ' various items of the Work, and no measurement or payment shall be made separately for the removal of tree roots. LJ I u END OF SECTION Project Special Provisions - Page 7 of48 REVISION OF SECTION 208 ' EROSION CONTROL AND INLET PROTECTION Section 208 of the Standard Specifications is hereby revised as follows: ' DESCRIPTION Subsection 208 shall be revised as follows: , This work shall consist of constructing, installing, maintaining, and removing when required, erosion control measures during the life of the Contract and at a minimum at all inlets to prevent or minimize erosion, sedimentation, and pollution of any state waters. Work shall be in accordance with the Colorado Department of ' Transportation Standard Specifications for Road and Bridge Construction (latest edition), The City of Fort Collins Urban Drainage and Flood Control District Urban Drainage Criteria Manual, and the City of Fort Collins Environmental Standard Operating Procedures. ' Any loss of time or materials related to erosion shall be the sole responsibility of the Contractor. Any damage to surrounding properties or facilities (either on site or offsite) related to erosion caused by construction of this project, will be the sole responsibility of the Contractor MATERIALS Subsection 208.02 shall be revised as follows: , Contractor will submit the type of material to be used for erosion control measures prior to beginning the work. Straw wattles shall not be allowed. ' CONSTRUCTION REQUIREMENTS All erosion control measures must be installed prior to starting work. , It shall be the responsibility of the contractor to ensure that all roadways near the project are kept clean of construction debris. Inlet filters All storm drainage system inlets shall be filtered unless better treatment is available before water is discharged into streams or onto adjacent properties. These methods are applicable to existing and proposed drain systems that will be ' operational before the drainage basin is stabilized. Drop Inlets ' Drop inlets in unpaved areas shall be filtered with straw bales anchored with wooden stakes as shown in. Drop Inlets in paved areas shall have gravel filters. Materials other than straw bales must be demonstrated to provide the same . level of treatment before acceptance by Fort Collins. Straw bales shall be placed in a single row tightly butted end -to -end or overlapped and staked. The bales shall be installed to a minimum depth of four inches. After bales are installed and staked, loose straw will be wedged ' between bales and soil shall be backfilled three inches against the filter. Curb-openine Inlets Curb -opening Inlets shall be filtered with a combination of concrete blocks, 1/2 — inch wire screen and coarse gravel ' (3/4 — inch) or as Approved by the City Representative. Project Special Provisions - Page 8 of 49 1 REVISION OF SECTION 208 EROSION CONTROL AND INLET PROTECTION Maintenance The contractor shall continuously maintain all erosion and sediment control features so that they function properly during site construction. All inlet filters shall be inspected and repairs made after each runoff event. Sediments shall be removed when one half the design depth has been filled. Removed sediments shall be deposited in an area tributary to a sediment basin. ' Sediments shall be removed immediately from the traveled way of roads and streets. BASIS OF PAYMENT ' Subsection 208.12 is revised to include the following: All labor, materials, tools, equipment, incidentals, and work involved in erosion control and inlet protection shall be ' considered incidental to the work being done and shall not be measured and paid for separately. ' END OF SECTION L L 1 ' Project Specifications - Page 9 of 48 REVISION OF SECTION 212 ' SEEDING, FERTILIZER AND SODDING Section 212 of the Standard Specifications is hereby revised as follows: ' DESCRIPTION Subsection 212.01 is revised to include the following: ' This work shall consist of soil preparation and furnishing and placing topsoil and blue grass sod in accordance with these specifications, accepted horticulture practice, and in reasonably close conformity with the locations and details ' shown on the plans or as designated. See "Protection and Restoration of Property" found herein. MATERIALS Subsection 212.02 is revised to include the following: Topsoil Topsoil shall conform to the requirements of "Protection and Restoration of Property" found herein. , Sod Bluegrass sod shall be nursery grown, 99% Kentucky Blue Grass and 99% weed free. Other sod type may be used only if approved in writing by the Engineer. The 1 % allowable weeds shall not include any undesirable perennial or annual grasses or plants. Soil thickness of sod cuts shall not be less than ' 3/4 inch nor more than one inch. Sod shall be cut in uniform strips with minimum dimensions of 12 inches in width and 48 inches in length. The Contractor shall submit a sample of the sod he proposes to famish. Said sample shall serve as a standard. Any sod famished, whether in place or not, that is not up to the standard of the sample maybe rejected. Sod that has been cut for more than 24 hours shall not ' be used. Each load of sod shall be accompanied by a certificate from the grower stating the type of sod, and the date and time of cutting. ' CONSTRUCTION REQUIREMENTS Subsection 212.05 is revised to include the following: ' Sodding: Soil Preparation: The area shall be cleaned with a minimum depth of four (4) inches (where topsoil does not exist) ' and a minimum width of one (1) foot, all irregularities in the ground surface shall be removed, and all edges clean and vertical. Sticks, stones, debris, and other similar material more than % inch in diameter shall be removed. Any objectionable depressions or other variances from a smooth grade shall be corrected. ' Topsoil Placement: Topsoil shall be placed and compacted with a minimum depth of four (4) inches. The amount of compaction required shall be as directed by the Engineer. ' Sod Placement: The minimum width for sod shall be one (1) foot. The area to be sodded shall be smooth. The sod shall be laid by staggering joints with all edges touching. On any slopes, the sod shall run approximately parallel to the slope contours. The Contractor shall water the sod once and notify the property owner in writing of the nature of ' the work that has taken place and that the sod will only be watered once. BASIS OF PAYMENT Subsection 212.08 is revised to include the following: ' All labor, materials, tools, equipment, incidentals, and work involved in seeding, fertilizer and sodding shall be considered incidental to the work being done and shall not be measured and paid for separately. , END OF SECTION Project Special Provisions - Page 10 of 48 ' H t 1 0 J REVISION OF SECTION 608 AND 609 ASPHALT AND CONCRETE SURFACE RESTORATION Sections 608 and 609 of the Standard Specifications are modified as follows: DESCRIPTION This work consists of the restoration of the surface disturbed by construction activities, and includes construction of asphalt patching, concrete sidewalks, curb and gutter, drive approaches, aprons, crosspans, curb ramps and concrete pavement in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. MATERIALS "High Early" concrete shall be used for all concrete repair locations. "High Early" concrete shall have a specified compressive strength of4000 psi and a minimum 48 hour compressive strength of 3000 psi. The concrete shall have a maximum water/cement ratio of 0.45. The type of concrete used for a particular location shall be approved by the Engineer. See also Section 10.5.2, Rigid Pavement Design, and Section 22.5.6, Portland Cement Concrete Pavement, of the Larimer County Urban Area Street Standards (LCUASS). CONSTRUCTION REQUIREMENTS The finished exposed'surface and edging of the asphalt or concrete will match as closely as possible the surface treatment of the surrounding existing asphalt or concrete. Repairs shall be made per Chapter 25, Reconstruction and Repair, of the Larimer County Urban Area Street Standards. BASIS OF PAYMENT All labor, materials, tools, equipment, incidentals, and work involved in asphalt or concrete surface restoration shall be considered incidental to the work being done and shall not be measured and paid for separately. END OF SECTION Project Special Provisions - Page I I of 48 REVISION OF SECTION 630 , CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised as follows: ' DESCRIPTION Subsection 630.01 shall be revised as follows: , This work shall consist of furnishing, installing, moving, maintaining and removing temporary construction traffic control devices, including but not limited to signs, advance warning arrows panels, variable message boards, barricades, channelizing devices, and delineators as required by the latest revision of the City of Fort Collins "Work ' Area Traffic Control Handbook," "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the current Larimer County Urban Area Street Standards (LCUASS), and the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction. ' In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices removed from ' the project and later returned to use. Traffic control devices shall be placed and/or stored in the City right-of-way in such a manner that minimizes the ' hazards to pedestrians, bicyclists and vehicles. Traffic control devices shall be removed from the site immediately upon completion of the work. ' MATERIALS Subsection 630.02 shall include the following: ' All traffic control devices placed for this project must meet or exceed the minimum standards set forth in The City of Fort Collins Work Area Traffic Control Handbook and the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control , devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) ' Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present. ' CONSTRUCTION REQUIREMENTS Subsection 630.09 shall be revised as follows: ' TRAFFIC CONTROL PLAN Traffic control through the construction areas is the responsibility of the Contractor. ' For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans shall be submitted for approval to the Traffic Engineer by noon, two working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) Traffic control ' plan approval forms can be found at the following location: http://www.fcgov.com/traffic/pdf/approval_form_cover_sheet_final_no_watermark.pdf ' Project Special Provisions - Page 12 of 48 ' F ' REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Full Road Closure plans for Local Residential streets shall be submitted a minimum ofone week prior to the desired start date. Full Road Closure plans for major streets (Arterials & Collectors) shall be submitted for review a minimum of 4 weeks in advance of the desired start date. A copy of the approved Traffic Control Plan shall be on ' the site prior to set-up and kept on site at all times. All plans shall be delivered to City Traffic Operations office for review, 626 Linden Street. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to ' have an approved Traffic Control Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be ' considered incidental to the Work. The Traffic Control Plan shall include, as a minimum, the following: ' (1) A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved) and speed limit signs; method, length and time duration for lane closures, and location of flag persons. Plans shall be neatly drawn and legible. Street names shall ' include prefixes and suffixes. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type 1, Type 11, and Type III barricades; ' cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used. (4) Parking Restrictions to be in effect. ' Approval of the proposed method of handling traffic is intended to indicate those devices which will be used. Such approval does not relieve the Contractor of liability specifically assigned to him under this contract. ' Parking Restriction Plans shall be submitted and approved which show the location and quantity of"NO PARKING" signs, the date to be placed, and the date to be removed. The plans shall be prepared on City supplied forms. The Parking Restriction Plans shall be submitted to the Traffic Engineer by noon, two working days prior to the commencement of work. (Note: Parking Restriction Plans for work done on Monday and Tuesday shall be submitted the previous Friday by noon.) All plans shall be delivered to City Traffic Operations office for review, 626 Linden Street. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Parking Restriction Plan has been approved. Failure to have an approved Parking Restriction Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The cost for preparing and submitting the parking restriction plans shall be included in the contract unit price for Traffic Control. Subsection 630.10 shall be revised as follows: TRAFFIC CONTROL MANAGEMENT Traffic Control Management shall be performed by a Traffic Control Supervisor JCS). The TCS(s) shall possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of ' certification shall be presented to the City Traffic Control Manager, and when requested by a City representative, for each TCS utilized on this project.) Project Specifications - Page 13 of 48 11 SECTION 00020 INVITATION TO BID Date: July 18, 2011 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on August 8, 2011, for the Downtown Conduit Backbone and Laterals; BID NO. 7263. 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. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 7263. The Work includes excavation, installation, backfill, traffic control and surface restoration of a multiple conduit duct bank in downtown Fort Collins related to the two-way conversion of Mason Street and the MAX Bus Rapid Transit Project. In addition to the City conduit system, conduits and vaults are being included for the Burlington Northern Santa Fe Railroad (BNSF). The conduit duct bank shall consist of a combination of joint trench and directional boring along Mason Street with multiple crossings of City intersections and the BNSF Railroad at and between the intersections of Laurel, Myrtle, Mulberry, Magnolia, Olive, Oak, Mountain, Laporte, and Maple. Elements include 2 inch, 3 inch, and 4 inch PVC conduit; 2 inch, 3 inch, and 4 inch HDPE conduit; conduit bends, fittings, vaults and handholes; trenching, flow filling of trenches and bores under streets and railways; direction boring; surface restoration of sidewalks and other hardscapes and landscapes; and all miscellaneous materials required to complete the work, including all labor, materials, equipment, and traffic control. Federal requirements and Davis -Bacon wages apply. Work shall be complete by October 31, 2011. 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. The DBE contract goal for this project is 10%. A prebid conference and job walk with representatives of prospective Bidders will be held on July 25, 2011 at 2:00 pm at 215 N Mason in the Community Room. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Questions concerning the scope of the project should be directed to Project Manager, Erika Keeton at (970) 221-6521 or ekeetonQfcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer, at (970) 221-6777 or jstephen a,fc og v.com. REVISION OF SECTION 630 ' CONSTRUCTION ZONE TRAFFIC CONTROL The TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the ' Engineer for approval a minimum of one week prior to commencement of the work. The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the cost of the work. , It is the intent of the specifications that the TCS be the same throughout the project. If the TCS is to be replaced during the project, the Engineer shall be given a minimum of one (1) weeks notice and qualifications shall be submitted for approval for the replacement. , The TCS's duties shall include, but not be limited to. (1) Preparing, revising and submitting Traffic Control Plans as required. (Review fees will not be measured or paid for separately, but shall be considered incidental to the Work.) (2) Direct supervision of project flaggers. Coordinating including Subcontractors , (3) all traffic control related operations, those of the and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. Typed hand delivered ' notification to all businesses and residents at least 24 hours prior to construction. (The notification of residents and businesses may be accomplished by a representative of the TCS.) (5) Maintaining a project traffic control diary which shall become part of the City's project records. ' (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning ' as required. (8) Overseeing all requirements covered by the plans and specifications which contribute to the convenience, safety and orderly movement of traffic. ' (9) Flagging. (10) Setting up traffic control devices. ' Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn watering during concrete pouring, etc.), the dates and times of the work, and the parking and access restrictions that ' will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the work. Letters shall be submitted to the Engineer for approval. Approved letters shall be distributed a minimum of 24 hours prior to the ' commencement of work. (Note: The time frame criteria for distributing letters are the same as for posting "NO PARKING" signs.) The cost for preparing and distributing the letters shall be included in the cost for Traffic Control. ' Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times and available upon the Engineer's request at other than normal working hours. All costs associated with "on call" service, excluding actual hours worked, shall be included in the contract unit ' price for Traffic Control. All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. ' Project Specifications - Page 14 of 48 1 ' REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL ' The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins"'Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway construction, available at all times. ' BASIS OF PAYMENT Subsection 630.15 shall be revised as follows: ' The accepted quantities will be paid for at the contract unit price for each of the pay items listed below: Pay Item Unit ' 630-00001 Construction Zone Traffic Control Lump Sum ' The City shall not be responsible for any losses or damage due to theft or vandalism. Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of construction traffic control devices necessary to complete the work. All construction traffic control devices which are not permanently incorporated into the project will remain the property of the Contractor. END OF SECTION 11 r ' Project Specifications - Page 15 of48 REVISION OF SECTION 660 DOWNTOWN CONDUIT BACKBONE AND LATERALS Section 660 of the Standard Specifications is hereby revised for this project to include the following: DESCRIPTION 660.01 This work consists of the excavation, installation, and backfill of a multiple conduit duct bank in Downtown Fort Collins related to the two-way conversion of Mason Street and the MAX Bus Rapid Transit Project. In addition to the City conduit system, conduits and vaults are included for the Burlingom Northern Santa Fe Railroad. The conduit duct bank shall consist of a combination of joint trench and directional boring along Mason Street with multiple crossings of City intersections and the BNSF Railroad at and between the intersections of Laurel, Myrtle, Mulberry, Magnolia, Olive, Oak, Mountain, Laporte, and Maple. Elements include 2 inch, 3 inch, and 4 inch PVC conduit; 2 inch, 3 inch, and 4 inch HDPE conduit; conduit bends, fittings, vaults and handholes; trenching, flow filling of trenches and bores under streets and railways; restoration of sidewalks and other hardscapes and landscapes; direction boring; and all miscellaneous materials required to complete the work, including all labor, materials, equipment, and surface restoration. MATERIALS AND CONSTRUCTION REQUIREMENTS 660.02 Items detailed and specified in the Downtown Conversion Drawings shall be furnished and installed in accordance with the following CSI-format specifications: 1. Section 27 05 43 Underground Ducts and Raceways for Communication Systems 2. Section 31 23 16.13 Trenching 3. Section 31 23 23 Controlled Low -Strength Material 4. Section 33 05 23.13 Utility Horizontal Directional Boring A pothole log shall be provided by the Contractor to the Engineer indicating depth and location of existing utilities located for this project. METHOD OF MEASUREMENT 660.03 The Downtown Conduit Backbone and Laterals will be measured by the actual number placed and accepted. Trenching will be measured by the linear foot from end to end of utility runs and shall include adjacent utility structures. BASIS OF PAYMENT 660.04 Shall include the following: Payment will be made under: Pay Item Unit 660-00001 Trenching LF 660-00002 Potholing HR 660-00003 Controlled Low Strength Material CY 660-00004 Directional Boring LF 660-00005 2" HDPE SDRI l LF 660-00006 3" HDPE SDRI1 LF 660-00007 4" HDPE SDR11 LF 660-00008 2" PVC SCH 40 LF 660-00009 3" PVC SCH 40 LF 660-00010 4" PVC SCH 40 LF Project Specifications - Page 16 oF48 I 0 1 REVISION OF SECTION 660 DOWNTOWN CONDUIT BACKBONE AND LATERALS 660-00011 2" PVC SCH 40 - 450 Radius IOX Internal Dia. EA 660-00012 3" PVC SCH 40 - 450 Radius I OX Internal Dia. EA 660-00013 4" PVC SCH 40 - 450 Radius IOX Internal Dia. EA 660-00014 2" PVC SCH 40 - 900 Radius IOX Internal Dia. EA 660-00015 3" PVC SCH 40 - 900 Radius IOX Internal Dia. EA 660-00016 4" PVC SCH 40 - 900 Radius IOX Internal Dia. EA 660-00017 36" X 48" Comm Splice Vault EA 660-00018 36" X 48" Comm Slack Storage Vault EA 660-00019 36" X 48" BNSF Vault EA 660-00020 18" X 31" Traffic Vault EA 660-00021 13" X 24" Traffic Vault EA 660-00022 Comm Handhole EA Trenching shall include excavating trenches for utilities and utility structures, backfilling to subgrade elevations , dewatering and compacting of backfill as described in CSI-format specification Section 3123 16.13. Controlled Low Strength Material shall include furnishing, transporting and placing controlled low -strength material as described in CSI-format specification Section 31 23 23. Direction Boring shall include excavation and backfill of approach trenches and pits, horizontal directional drilling, pipe and accessories and testing of pipe as described in CSI-format specification Section 33 05 23.13. 2" HDPE SDR11 shall include conduit, duct and duct accessories as described in CSI-format specification Section 27 05 43. 3" HDPE SDR11 shall include conduit, duct and duct accessories as described in CSI-format specification Section 27 05 43. 4" HDPE SDR11 shall include conduit, duct and duct accessories as described in CSI-format specification Section 27 05 43. 2", 3", and 4" PVC SCH 40 shall include conduit, duct and duct accessories as described in CSI-format specification Section 27 05 43. Comm Splice Vault shall include vaults as described in CSI-format specification Section 27 05 43 and shown in the plans. Comm Slack Storage Vault shall include vaults as described in CSI-format specification Section 27 05 43 and shown in the plans. 36"x48" BNSF Vault shall include vaults as described in CSI-format specification Section 27 05 43 and shown in the plans. 18"x31" Traffic Vault shall include vaults as described in CSI-format specification Section 27 05 43 and shown in the plans. 13"x24" Traffic Vault shall include vaults as described in CSI-format specification Section 27 05 43 and shown in the plans. Comm Handhole shall include handholes as described in CSI-format specification Section 27 05 43 and shown in the plans. Payment shall be full compensation for furnishing, excavating, installing, and backfilling as necessary to complete the work. END OF SECTION Project Special Provisions - Page 17 of 48 SECTION 27 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR COMMUNICATION SYSTEMS PART 1-GENERAL 1.1 SUMMARY A. Section Includes: 1. Conduit, ducts, and duct accessories for direct -buried and concrete -encased duct banks, and in single duct runs. 2. Handholes, vaults, and pull boxes. 3. Manholes. 1.2 DEFINITION A. GRC: Galvanized Rigid Conduit B. HDPE: High Density Polyethylene conduit C. PVC: Polyvinyl Chloride Conduit. 1.3 SUBMITTALS A. Product Data: For the following: I. Duct -bank materials, including separators and miscellaneous components required for proper installation in accordance with manufacturer's installation requirements. 2. Ducts and conduits and their accessories, including elbows, end bells, bends, expansion and deflection fittings, poly -line pull tape and solvent cement. 3. Accessories for manholes, hndholes, pull boxes, vaults and other utility structures. 4. Locate pedestals and wire and cable. 5. Warning tape. 6. Warning planks. B. Shop Drawings for Precast or Factory -Fabricated Underground Utility Structures: Include plans, elevations, sections, details, attachments to other work, and accessories, including the following: 1. Duct entry provisions, including locations and duct sizes. 2. Reinforcement details. 3. Frame and cover design and manhole frame support rings. 4. Ladder details. Project Special Provisions - Page 18 of 48 I I C 1 0 1 t 1 SECTION 27 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR COMMUNICATION SYSTEMS 5. Grounding details. 6. Dimensioned locations of cable rack inserts, pulling -in and lifting irons, and sumps. 7. Joint details. C. Shop Drawings for Factory -Fabricated Handholes, Vaults and Pull Boxes Other Than Precast Concrete: Include dimensioned plans, sections, and elevations, and fabrication and installation details, including the following: 1. Duct entry provisions, including locations and duct sizes. 2. Cover design. 3. Grounding details. 4. Dimensioned locations of cable rack inserts, and pulling -in and lifting irons. D. Duct -Bank Coordination Drawings: Show duct profiles and coordination with other utilities and underground structures. 1. Include plans and sections, drawn to scale, and show bends and locations of expansion fittings. 2. Drawings shall be signed and sealed by a qualified professional engineer registered in the State of Colorado. E. Product Certificates: For concrete and steel used in precast concrete manholes , vaults, pull boxes and handholes, comply with ASTM C 858. 1.4 QUALITY ASSURANCE A. Comply with IEEE C2. B. Comply with NFPA 70. C. Comply with UL 651. 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver PVC ducts to Project site with ends capped. Store nonmetallic ducts with supports to prevent bending, warping, and deforming. B. Deliver HDPE ducts to Project site on reels with ends capped. C. Store precast concrete and other factory -fabricated underground utility structures in a secure location at Project site as recommended by manufacturer to prevent physical damage. Arrange so identification markings are visible. D. Lift and support precast concrete units only at designated lifting or supporting points. Project Special Provisions - Page 19 of 48 r SECTION 27 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR COMMUNICATION SYSTEMS 1.6 COORDINATION A. Coordinate layout and installation of ducts, manholes, handholes, and pull boxes with final arrangement of other utilities, site grading, and surface features as determined in the field. B. Coordinate elevations of ducts and duct -bank entrances into manholes, handholes, vaults, and pull boxes with final locations and profiles of ducts and duct banks as determined by coordination with other utilities, underground obstructions, and surface features. Revise locations and elevations from those indicated as required to suit field conditions and to ensure that duct runs drain to manholes and handholes, and as approved by MIS NetComm Engineer. C. Utility information shown on the Construction Drawings was obtained from the best available data at the time of the preparation of the Construction Drawings. The Contractor is responsible for making their own determination as to the type and location of the utilities as may be necessary to avoid damage thereto. Contact the Utility Notification Center of Colorado at 1-800-922-1987 for utility locations at least 2 business days, not including the day of actual notice, prior to excavating. Contractor shall coordinate with utility company for any utilities that need relocating. 1.7 EXTRA MATERIALS A. Fumish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. B. Furnish extra materials in quantities equal to 5 percent of quantity of each item installed. PART 2-PRODUCTS 2.1 CONDUIT A. Rigid Steel Conduit: Galvanized. Comply with ANSI C80.1. B. PVC: NEMA TC 2, Type EPC-40-PVC, UL 651, with matching fittings by same manufacturer as the conduit, complying with NEMA TC 3 and UL 514B. C. HDPE: ASTM F2160 "Standard Specification for Solid -Wall High Density Polyethylene (HDPE) Conduit Based on Controlled Outside Diameter (OD)," SDR-11, with matching fittings by same manufacturer as the conduit, complying with ASTM F2176 "Standard Specification for Mechanical Couplings Used on Polyethylene Conduit, Duct, and Innerduct." 2.2 NONMETALLIC DUCTS AND DUCT ACCESSORIES A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. AFC Cable Systems. 2. ARNCO Corporation. 3. Beck Manufacturing. 4. Cantex,Inc. Project Special Provisions - Page 20 of 48 SECTION 27 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR COMMUNICATION SYSTEMS 5. CertainTeed Corp. 6. Condux International, Inc. 7. DCX-CHOL Enterprises, Inc.; ELECSYS Division. 8. Electri-Flex Company. 9. IPEX Inc. 10. Lamson & Sessions; Carlon Electrical Products. 11. Manhattan Wire Products; a Belden company. B. Duct Accessories: 1. Duct Separators: Factory -fabricated rigid PVC interlocking spacers, sized for type and sizes of ducts with which used, and retained to provide minimum duct spacings indicated while supporting ducts during concreting or backfilling. 2. Warning Tape: Underground -line warning tape. a. Color: Yellow. b. 2 inch wide warning tape marked with `BURIED FIBER CABLE". 3. Locate Wire: #12 AWG, solid, coated copper wire, in one of the parallel conduit runs unless otherwise noted. 4. Locate Pedestals: Handley Industries, 2-inch cathodic test stations or approved equal. a. Top Color: Orange. b. Pedestal Locate Wire: #12 AWG, stranded, coated copper wire. 5. Pull Tape: Neptco, 30 Hamlet Street, Pawtucket, Rhode Island 02861, or approved equal. a. Flat, woven polyester -tape, durably printed with sequential footage markings. b. Minimum 1800 pound pull strength. 2.3 PRECAST CONCRETE HANDHOLES, VAULTS, AND PULL BOXES A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Christy Concrete Products. 2. Cretex Concrete Products West, Inc.; Riverton Division. 3. Elmhurst -Chicago Stone Co. 4. Oldcastle Precast Group. Project Special Provisions - Page 21 of 48 SECTION 27 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR COMMUNICATION SYSTEMS 5. Oldcastle Precast Inc.; Utility Vault Division. 6. Utility Concrete Products, LLC. 7. Wausau Tile Inc. B. Comply with ASTM C 858 for design and manufacturing processes. C. Handholes, vaults, and pull boxes shall comply with the requirements of AASHTO HB l7, H2O structural loading. D. Ferrous metal hardware shall be hot -dip galvanized in accordance with ASTM A153 and ASTM A123. E. Description: Factory -fabricated, reinforced -concrete, monolithically poured walls with open -bottom enclosures as indicated. Frame and cover shall form top of enclosure and shall have load rating consistent with that of handhole, vault or pull box. 1. Frame and Cover: Weatherproof steel frame, with steel cover with recessed cover hook eyes and tamper -resistant, captive, cover -securing stainless -steel bolts. 2. Cover Finish: Nonskid finish shall have a minimum coefficient of friction of 0.50. 3. Cover Legend: Molded lettering, As indicated for each service. 4. Configuration: Units shall be designed for flush burial and have open bottom unless otherwise indicated. 5. Windows: Precast openings in walls, arranged to match dimensions and elevations of approaching ducts and duct banks plus an additional 12 inches vertically and horizontally to accommodate alignment variations. a. Windows shall be located no less than 6 inches from interior surfaces of walls, floors, or frames and covers of handholes, but close enough to comers to facilitate racking of cables on walls. b. Window opening shall have cast -in -place, welded wire fabric reinforcement for field cutting and bending to tie in to concrete envelopes of duct banks. C. Window openings shall be framed with at least two additional No. 4 steel reinforcing bars in concrete around each opening. 6. Handholes, vaults, and pull boxes 30 inches wide by 48 inches long and larger shall have inserts for cable racks and pulling -in irons installed before concrete is poured. 2.4 HANDHOLES, VAULTS AND PULL BOXES OTHER THAN PRECAST CONCRETE A. Description: Comply with SCTE 77. 1. Color: Gray. 2. Configuration: Units shall be designed for flush burial and have open bottom unless otherwise indicated. Project Special Provisions - Page 2-7 of 48 L u I 1 1] u SECTION 27 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR COMMUNICATION SYSTEMS 3. Cover: Weatherproof, ADA compliant, pre -drilled and secured by tamper -resistant locking device by LockDown, Inc. and having structural load rating consistent with enclosure. 4. Cover Finish: Nonskid finish shall have a minimum coefficient of friction of 0.50. 5. Cover Legend: Molded lettering, a. As indicated for each service. b. Tier level number, indicating that the unit complies with the structural load test for that tier according to SCTE 77. 6. Vaults: 30 inches wide by 48 inches long. a. Vaults with Less Than Eight Conduits: 18 inches deep. b. Vaults with More Than Eight Conduits: 36 inches deep. 7. Vaults: 36 inches wide by 48 inches long. a. Vaults with Less Than Eight Conduits: 18 inches deep. b. Vaults with More than Eight Conduits: 36 inches deep. 8. Junction Box: 24 inches wide by 24 inches long by 18 inches deep. 9. Junction Box: 24 inches wide by 30 inches long by 18 inches deep. 10. Handholes 12 inches wide by 18 inches long by 12 inches deep. B. Polymer Concrete Handholes and Pull Boxes with Polymer Concrete Cover: Molded of sand and aggregate, bound together with a polymer resin, and reinforced with steel or fiberglass or a combination of the two. Handholes and pull boxes shall comply with the requirements of SCTE 7 Tier 15 or Tier 22 loading. 1. Basis -of -Design Product: Subject to compliance with requirements, provide product indicated on Drawings or comparable product by one of the following: a. Armorcast Products Company. b. Carson Industries LLC. C. CDR Systems Corporation. d. Hubbell Power Systems; Lenoir City Division. e. NewBasis. 2.5 PRECAST MANHOLES A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Christy Concrete Products. Project Special Provisions - Page 23 of 48 The Contract Documents and Construction Drawings may be examined online at: • City of Fort Collins BuySpeed: https://www.fcgov.com/eprocurement Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 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 James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director SECTION 27 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR COMMUNICATION SYSTEMS 2. Cretex Concrete Products West, Inc.; Riverton Division. 3. Elmhurst -Chicago Stone Co. 4. Oldcastle Precast Group. 5. Oldcastle Precast Inc.; Utility Vault Division. 6. Utility Concrete Products, LLC. 7. Wausau Tile Inc B. Comply with ASTM C 858, with structural design loading as specified in "Underground Enclosure Application" Article, and with interlocking mating sections, complete with accessories, hardware, and features. 1. Windows: Precast openings in walls, arranged to match dimensions and elevations of approaching ducts and duct banks plus an additional 12 inches vertically and horizontally to accommodate alignment variations. a. Windows shall be located no less than 6 inches from interior surfaces of walls, floors, or roofs of manholes, but close enough to corners to facilitate racking of cables on walls. b. Window opening shall have cast -in -place, welded wire fabric reinforcement for field cutting and bending to tie in to concrete envelopes of duct banks. C. Window openings shall be framed with at least two additional No. 4 steel reinforcing bars in concrete around each opening. 2. Duct Entrances in Manhole Walls: Cast end -bell or duct -terminating fitting in wall for each entering duct. a. Type and size shall match fittings to duct or conduit to be terminated. b. Fittings shall align with elevations of approaching ducts and be located near interior corners of manholes to facilitate racking of cable. C. Joint Sealant: Asphaltic -butyl material with adhesion, cohesion, flexibility, and durability properties necessary to withstand maximum hydrostatic pressures at the installation location with the ground -water level at grade. 2.6 UTILITY STRUCTURE ACCESSORIES A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Bilco Company (The). 2. Campbell Foundry Company. 3. Christy Concrete Products. 4. Cretex Concrete Products West, Inc.; Riverton Division. 5. East Jordan Iron Works. Project Special Provisions - Page 24 of 48 SECTION 27 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR COMMUNICATION SYSTEMS ' 6. Elmhurst -Chicago Stone Co. 7. Hubbell Power Systems; Lenoir City Division. ' 8. McKinley Iron Works. 9. Neenah Foundry Company. ' 10. NewBasis. 11. Oldcastle Precast Group. ' 12. Oldcastle Precast Inc.; Utility Vault Division. 13. Osbum Associates, Inc. 14. Pennsylvania Insert Corporation. ' 15. Underground Devices, Inc. 16. Utility Concrete Products, LLC. ' 17. Wausau Tile Inc. B. Ferrous metal hardware, where indicated, shall be hot -dip galvanized complying with ASTM A 153 and ' A 123. C. Manhole Frames, Covers, and Chimney Components: Comply with structural design loading specified for manhole. 1. Frame and Cover: Weatherproof, gray cast iron complying with ASTM A 48/A 48M, Class 30B with milled cover -to -frame bearing surfaces; diameter, 29 inches. a. Cover Finish: Nonskid finish shall have a minimum coefficient of friction of 0.50. b. Special Covers: Recess in face of cover designed to accept finish material in paved areas. ' 2. Cover Legend: Cast in. Retained to suit system. a. Legend: "TELECOMMUNICATIONS" for communications, data, and telephone duct systems. 3. Manhole Chimney Components: Precast concrete rings with dimensions matched to those of roof opening. a. Mortar for Chimney Ring and Frame and Cover Joints: Comply with ASTM C 270, Type M, except for quantities less than 2.0 cu. ft. where packaged mix complying with ASTM C 387, Type M, may be used. D. Manhole Sump Frame and Grate: ASTM A 48/A 48M, Class 3013, gray cast iron. E. Pulling Eyes in Concrete Walls: Eyebolt with reinforcing -bar fastening insert, 2-inch-diameter eye, and 1-by- 4-inch bolt. ' Project Special Provisions - Page 25 of 48 I SECTION 27 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR COMMUNICATION SYSTEMS 1. Working Load Embedded in 6-Inch, 4000-psi Concrete: 13,000-Ibf minimum tension. ' F. Pulling -In and Lifting Irons in Concrete Floors: 7/8-inch-diameter, hot -dip galvanized, bent steel rod; stress relieved after forming; and fastened to reinforcing rod. Exposed triangular opening. ' 1. Ultimate Yield Strength: 40,000-Ibf shear and 60,000-Ibf tension. G. Bolting Inserts for Concrete Utility Structure Cable Racks and Other Attachments: Flared, threaded inserts of , noncorrosive, chemical -resistant, nonconductive thermoplastic material; 1/2-inch ID by 2-3/4 inches deep, flared to 1-1/4 inches minimum at base. 1. Tested Ultimate Pullout Strength: 12,000 lbf minimum. H. Cable Rack Assembly: Steel, hot -dip galvanized except insulators. 1. Stanchions: T-section or channel; 2-1/4-inch nominal size; punched with 14 holes on 1-1/2-inch centers for cable -arm attachment. 2. Arms: 1-1/2 inches wide, lengths ranging from 3 inches with 450-lb minimum capacity to 18 inches with 250-lb minimum capacity. Arms shall have slots along full length for cable ties and be arranged for secure mounting in horizontal position at any vertical location on stanchions. 1. Duct -Sealing Compound: Nonhardening, safe for contact with human skin, not deleterious to cable insulation, and workable at temperatures as low as 35 deg F (2 deg C). Capable of withstanding temperature of 300 deg F (150 deg C) without slump and adhering to clean surfaces of plastic ducts, metallic conduits, conduit coatings, concrete, masonry, lead, cable sheaths, cable jackets, insulation materials, and common metals. J. Fixed Manhole Ladders: Arranged for attachment to roof or wall and floor of manhole. Ladder and mounting brackets and braces shall be fabricated from hot -dip galvanized steel. K. Cover Hooks: Heavy duty, designed for lifts 60 Ibf and greater. Two required. 2.7 SOURCE QUALITY CONTROL A. Test and inspect precast concrete utility structures according to ASTM C 1037. B. Nonconcrete Handhole, Vault, and Pull Box Prototype Test: Test prototypes of manholes and pull boxes for compliance with SCTE 77. Strength tests shall be for specified Tier ratings of products supplied. PART 3 - EXECUTION 3.1 CORROSION PROTECTION A. Aluminum shall not be installed in contact with earth or concrete. B. All ferrous metals shall be galvanized or PVC coated if in contact with the earth. Project Special Provisions - Page 26 of 48 I ' SECTION 27 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR COMMUNICATION SYSTEMS 3.2 UNDERGROUND DUCT APPLICATION ' A. Underground Ducts for Telephone, Communications, or Data Utility Service Cables: RNC, NEMA Type EPC-40-PVC for trenched applications and HDPE Type SDR-I I for directionally bored applications, concrete -encase duct bank crossing paved paths, walks, driveways, guideway, streets or other hardscapes, unless otherwise indicated. 3.3 UNDERGROUND ENCLOSURE APPLICATION ' A. Handholes, Vaults, and Pull Boxes for Telephone, Communications, and Data Wiring: 1. Units in Roadways and Other Deliberate Traffic Paths: Precast concrete. AASHTO HB 17, H-20 ' structural load rating. 2. Units in Driveway, Parking Lot, and Off -Roadway Locations, Subject to Occasional, Nondeliberate Loading by Heavy Vehicles: Polymer concrete, SCTE 77, Tier 15 or Tier 22 structural load rating. ' 3. Units in Sidewalk and Similar Applications with a Safety Factor for Non -deliberate Loading by Vehicles: Polymer concrete units, SCTE 77, Tier 8 structural load rating. ' 4. Units Subject to Light -Duty Pedestrian Traffic Only: Fiberglass -reinforced polyester resin, structurally tested according to SCTE 77 with 3000-lbf "Light -Duty" vertical loading. ' B. Manholes: Precast concrete. 1. Units Located in Roadways and Other Deliberate Traffic Paths by Heavy or Medium Vehicles: H-20 structural load rating according to AASHTO HB 17. 3.4 EARTHWORK A. Excavation and Backfill: Comply with Division 31 Section 3123 16.13"Trenching," but do not use heavy- duty, hydraulic -operated, compaction equipment. B. Restore surface features at areas disturbed by excavation and reestablish original grades unless otherwise indicated. Replace removed sod immediately after backfilling is completed. C. Restore areas disturbed by trenching, storing of dirt, cable laying, and other work. Restore vegetation and include necessary topsoiling, fertilizing, liming, seeding, sodding, sprigging, and mulching. D. Cut and patch existing pavement in the path of underground ducts and utility structures. 3.5 DUCT INSTALLATION ' A. Depth: Install top of duct bank at least 36 inches below finished grade unless otherwise indicated. B. Set elevation of bottom of duct bank below the frost line. ' C. Curves and Bends: Use 5-degree angle couplings for small changes in direction. Use manufactured long sweep bends with a minimum radius of 10 times the inside diameter of the conduit, both horizontally and vertically, at other locations unless otherwise indicated. tProject Special Provisions - Page 27 of 48 11 I SECTION 27 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR COMMUNICATION SYSTEMS D. Joints: Use solvent -cemented joints inducts and fittings and make watertight according to manufacturer's written instructions. Stagger couplings so those of adjacent ducts do not lie in same plane. ' E. Duct Entrances to Manholes and Concrete and Polymer Concrete Handholes: Use end bells, spaced approximately 10 inches on center for 4-inch ducts, 7-1/2 inches on center for 3-inch ducts, and 5 inches on , center for 2-inch ducts and vary proportionately for other duct sizes. 1. Begin change from regular spacing to end -bell spacing 10 ft. from the end bell without reducing duct line slope and without forming a trap in the line. , 2. Direct -Buried Duct Banks: Install an expansion and deflection fitting in each conduit in the area of disturbed earth adjacent to manhole or handhole. , 3. Grout end bells into structure walls from both sides to provide watertight entrances. F. Duct Entrances to CSU Steam Tunnels: Link seal conduit entries in CSU steam tunnels. ' G. Conduit Markings: Mark ends of conduits entering vaults, handholes, and manholes with non -fading color paint AND individually number conduits. Coordinate color coding with City of Fort Collins MIS Engineer to differentiate BRT, Traffic, BNSF and CSU's conduits. , H. Sealing: Provide temporary closure at terminations of ducts that have cables pulled. Seal spare ducts at terminations. Use sealing compound and plugs to withstand at least 15-psig hydrostatic pressure. Use sealing compound and plugs that will provide rodent protection. I. Pulling Tape: Install minimum1000-lb pull strength poly -line in ducts to minimize conduit bum -through during cable pulling. Include pull tape in spare conduits and ducts. Securely tie off ends of pulling tape to ' conduit plugs in vaults to prevent being pulled back into the conduit. J. Locate Wire: Install locate wire in one conduit of parallel conduit runs in the duct bank. Splice duct bank locate wire with locate pedestal locate wire at each vault with an irreversible compression connection or ' exothermically welded connection. Provide permanent label of tracer wire in locate pedestals. Coordinate with City of Fort Collins Utility Locators for information to be included on the label. K. Concrete -Encased Ducts: Support ducts on duct separators. , 1. Separator Installation: Space separators close enough to prevent sagging and deforming of ducts, with not less than 4 spacers per 20 ft. of duct. Secure separators to earth and to ducts to prevent floating ' during concreting. Stagger separators approximately 6 inches between tiers. Tie entire assembly together using fabric straps; do not use tie wires or reinforcing steel that may form conductive or magnetic loops around ducts or duct groups. ' 2. Concreting Sequence: Pour each run of envelope between manholes or other terminations in one continuous operation. a. Start at one end and finish at the other, allowing for expansion and contraction of ducts as their ' temperature changes during and after the pour. Use expansion fittings installed according to manufacturer's written recommendations, cruse other specific measures to prevent expansion - contraction damage. , b. If more than one pour is necessary, terminate each pour in a vertical plane and install 3/4-inch reinforcing rod dowels extending 18 inches into concrete on both sides ofjoint near comers of envelope. , 3. Pouring Concrete: Spade concrete carefully during pours to prevent voids under and between conduits and at exterior surface of envelope. Do not allow a heavy mass of concrete to fall directly onto ducts. Project Special Provisions - Page 28 of 48 ' 1 SECTION 27 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR COMMUNICATION SYSTEMS ' 4. Use a plank to direct concrete down sides of bank assembly to trench bottom. Allow concrete to flow to center of bank and rise up in middle, uniformly filling all open spaces. Do not use power -driven agitating equipment unless specifically designed for duct -bank application. ' S. Forms: Use walls of trench to form side walls of duct bank where soil is self-supporting and concrete envelope can be poured without soil inclusions; otherwise, use forms. ' 6. Depth: Install top of duct bank at least 36 inches below finished grade in areas subject to deliberate traffic, and under other hardscapes, such as sidewalks unless otherwise indicated. 7. Stub -Ups: Use manufactured PVC coated rigid steel conduit elbows for stub -ups at vaults, handholes, and equipment cabinet entrances through the floor. a. Couple steel conduits to ducts with adapters designed for this purpose, and encase coupling ' with 3 inches of concrete. b. Stub -Ups to Equipment: For equipment mounted on outdoor concrete bases, extend steel conduit horizontally a minimum of 60 inches from edge of base. Install insulated grounding ' bushings on terminations at equipment. 8. Warning Tape: Bury warning tape approximately 12 inches above all concrete -encased ducts and duct banks. Align tape parallel to and within 3 inches of the centerline of duct bank. 3.6 INSTALLATION OF CONCRETE MANHOLES, HANDHOLES, VAULTS, AND PULL BOXES ' A. Precast Concrete Manhole, Handhole, Vault and Pull Box Installation: 1. Comply with ASTM C 891 unless otherwise indicated. ' 2. Install units level and plumb and with orientation and depth coordinated with connecting ducts to minimize bends and deflections required for proper entrances. 3. Unless otherwise indicated, support units on a level bed of crushed stone or gravel, six inches deep, graded from 1-inch sieve to No. 4 sieve and compacted to same density as adjacent undisturbed earth. ' B. Elevations: 1. Manhole Roof: Install with rooftop at least 15 inches below finished grade. 2. Manhole Frame: In paved areas and trafficways, set frames flush with finished grade. 3. Handhole, Vault, and Pull Box Covers: In paved areas and trafficways, set surface flush with finished ' grade. Set covers of other handholes 1 inch above finished grade. 4. Where indicated, cast handhole cover frame integrally with handhole structure. ' C. Drainage: Install drains in bottom of manholes where indicated. Coordinate with drainage provisions indicated. D. Manhole Access: Circular opening in manhole roof; sized to match cover size. ' Project Special Provisions - Page 29 of 48 SECTION 27 05 43 ' UNDERGROUND DUCTS AND RACEWAYS FOR COMMUNICATION SYSTEMS 1. Manholes with Fixed Ladders: Offset access opening from manhole centerlines to align with ladder. ' 2. Install chimney, constructed of precast concrete collars and rings to support frame and cover and to connect cover with manhole roof opening. Provide moisture -tight masonry joints and waterproof , grouting for cast-iron frame to chimney. E. Waterproofing: Apply waterproofing to exterior surfaces of manholes after concrete has cured at least three days. Waterproofing materials and installation shall consist of manufacturer's standard "Elastomeric Sheet ' Waterproofing." After ducts have been connected and grouted, and before backfilling, waterproof joints and connections and touch up abrasions and scars. Waterproof exterior of manhole chimneys after mortar has cured at least three days. F. Hardware: Install removable hardware, including pulling eyes, cable stanchions, and cable arms, as required for installation and support of cables and conductors and as indicated. G. Fixed Manhole Ladders: Arrange to provide for safe entry with maximum clearance from cables and other items in manholes. H. Field -Installed Bolting Anchors in Manholes and Concrete Handholes: Do not drill deeper than 3-7/8 inches for manholes and 2 inches for handholes, for anchor bolts installed in the field. Use a minimum of two anchors for each cable stanchion. I. Warning Sign: Install "Confined Space Hazard" warning sign on the inside surface of each manhole cover. 3.7 INSTALLATION OF HANDHOLES AND PULL BOXES OTHER THAN PRECAST CONCRETE A. Install handholes and pull boxes level and plumb and with orientation and depth coordinated with connecting ducts to minimize bends and deflections required for proper entrances. Use pull box extension if required to match depths of ducts, and seal joint between box and extension as recommended by the manufacturer. B. Unless otherwise indicated, support units on a level 6-inch-thick bed of crushed stone or gravel, graded from 1/2-inch (12.7-mm) sieve to No. 4 (4.75-mm) sieve and compacted to same density as adjacent undisturbed earth. C. Elevation: Set so cover surface will be flush with finished grade. D. Install removable hardware, including pulling eyes, cable stanchions, cable arms, and insulators, as required for installation and support of cables and conductors and as indicated. Retain arm lengths to be long enough to provide spare space for future cables, but short enough to preserve adequate working clearances in the enclosure. E. Field -cut openings for ducts and conduits according to enclosure manufacturer's written instructions. Cut wall of enclosure with a tool designed for material to be cut. Size holes for terminating fittings to be used, and seat around penetrations after fittings are installed. F. For enclosures installed in asphalt paving and concrete paving and subject to occasional, nondeliberate, heavy -vehicle loading, form and pour a concrete ring encircling, and in contact with, enclosure and with top surface screeded to top of box cover frame. Bottom of ring shall rest on compacted earth. Concrete: 3000 psi, 28-day strength, complying with Division 03 Section "Cast. -in- Place Concrete," with a troweled finish. 2. Dimensions: 10 inches wide by 12 inches deep. Project Special Provisions - Page 30 of 48 ' SECTION 27 05 43 UNDERGROUND DUCTS AND RACEWAYS FOR COMMUNICATION SYSTEMS ' 3.8 GROUNDING ' A. Ground underground ducts and utility structures accordingto Division 27 Section 2705 26—"Grounding and Bonding for Communication Systems." ' 3.9 FIELD QUALITY CONTROL A. Perform the following tests and inspections: 1. Demonstrate capability and compliance with requirements on completion of installation of underground ducts and utility structures. 2. Pull aluminum or wood test mandrel through duct to prove joint integrity and test for out -of -round duct. Provide mandrel equal to 80 percent fill of duct. If obstructions are indicated, remove obstructions and retest. ' 3. Test manhole and vault grounding to ensure electrical continuity of grounding and bonding connections. Measure and report ground resistance as specified in Division 27 Section 27 05 26 — "Grounding and Bonding for Communication Systems." ' B. Correct deficiencies and retest as specified above to demonstrate compliance. C. Prepare test and inspection reports. 3.10 CLEANING A. Pull leather -washer -type duct cleaner, with graduated washer sizes, through full length of ducts. Follow with rubber duct swab for final cleaning and to assist in spreading lubricant throughout ducts. ' B. Clean internal surfaces of manholes, including sump. Remove foreign material. END OF SECTION 27 05 43 A 1 I 1 1 Project Special Provisions - Page 31 of48 SECTION 3123 16.13 TRENCHING PART l GENERAL 1.1 SUMMARY A. Section Includes: l Excavating trenches for utilities and utility structures. 2 Backfilling and compacting to subgrade elevations. 3 Dewatering. 4 Compacting backfill material. B. Related Sections: 1 Section 31 23 23 — "Controlled Low Strength Material". 2 Section 33 05 23.13 — "Utility Horizontal Directional Drilling'. 1.2 REFERENCES A. American Association of State Highway and Transportation Officials: 1. AASHTO T180 - Standard Specification for Moisture -Density Relations of Soils Using a 4.54-kg (10-Ib) Rammer and a 457-mm (I 8-in.) Drop. B. ASTM International: 1 ASTM D698 - Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort [12,400 ft-lbf/113 (600 kN-m/m3)]. 2 ASTM D 1556 - Standard Test Method for Density of Soil in Place by the Sand -Cone Method. 3 ASTM D1557 - Standard Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort [6,000 ft-lbf/113 (2,700 kN-m/m3)]. 4 ASTM D2167 - Standard Test Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method. 5 ASTM D2487 — Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classification System). 6 ASTM D2922 - Standard Test Method for Density of Soil and Soil -Aggregate in Place by Nuclear Methods (Shallow Depth). 7 ASTM D3017 - Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). C. CDOT Standard Specifications: Project Special Provisions - Page 32 of 48 I SECTION 3123 16.13 TRENCHING 1. Standard Specifications for Road and Bridge Construction, latest edition, published by the Colorado Department of Transportation. 1 1.3 DEFINITIONS A. Utility: Any buried pipe, duct, conduit, or cable. B. Utility Structures: Manholes, catch basins, inlets, valve vaults, hand holes, communication vaults and other utility access structures as indicated on drawings. ' C. Trench Terminology: 1 Foundation: Area under bottom of trench supporting bedding. ' 2 Initial Backfill: Fill place to 6 to 12 inches above top of conduit. 3 Final Backfill: Fill placed from initial backfill to sub grade. 1.4 SUBMITTALS ' A. Excavation Protection Plan: Where required, describe sheeting, shoring, and bracing materials and installation required to protect excavations and adjacent structures and property; include structural calculations to support plan. Prepare excavation protection plan under direct supervision of Professional Engineer experienced in design of this work and licensed in State of Colorado. B. Dewatering Plan if required: Describe methods of dewatering and disposal of water. C. Product Data: Submit data for geotextile fabric indicating fabric and construction. D. Samples: Submit to testing laboratory, in air -tight containers, 10 pound sample of each type of fill. ' E. Materials Source: Submit name of imported fill material suppliers and location of fill source. F. Manufacturer's Certificate: Certify products meet or exceed specified requirements. 1.5 QUALITY ASSURANCE ' A. Maintain one copy of document on site. ' L6 FIELD MEASUREMENTS A. Verify field measurements prior to fabrication. I1.7 COORDINATION A. Verify work associated with lower elevation utilities is complete before placing higher elevation utilities. IProject Special Provisions - Page 33 of 48 SECTION 00100 INSTRUCTIONS TO BIDDERS SECTION 3123 16.13 TRENCHING PART 2 PRODUCTS 2.1 BACKFILL MATERIALS A. Subsoil Fill: Clean natural soil with a plasticity index of 15 or less that is free of clay, rock, or gravel lumps larger than 2 inches in any dimension; debris; waste; frozen material; and any other deleterious material that might cause settlement. Suitable material excavated from the site may be used as subsoil fill under optimum moisture conditions. B. Granular Fill: Clean sand, slightly silty sand, or slightly clayey sand having a Unified Soil Classification of SW, SP, SP-SM or SP-SC. C. Foundation Stone: Clean course aggregate Gradation No. 57. D. Flexible Conduit: Foundation Stone. E. Initial Backfill to 12 inches Minimum Above Utility: F. Final Backfill to Sub grade: G. Under Pavement: Granular Fill. H. Under Landscape: Subsoil Fill. 2.2 ACCESSORIES A. Geotextile Fabric: Non -woven, non -biodegradable conforming to Section 804 of the CDOT Standard Specifications. B. Concrete: Concrete conforming to Section 701 of the CDOT Standard Specifications. 1 Compressive strength of 4,000 psi at 28 days. 2 Air entrained. 3 Water cement ratio of 0.45. 4 Maximum slump of 3.5 inches for vibrated concrete and 4 inches for non -vibrated concrete. 5 Minimum cement content of 564 Ibs per cubic yard for vibrated and 602 lbs per cubic yard for non - vibrated concrete. PART 3 EXECUTION 3.1 PREPARATION A. Call local utility line information service indicated on drawings not less than two full working days before performing work. Project Special Provisions - Page 34 of 48 SECTION 3123 16.13 TRENCHING ' 1. Request underground utilities to be located and marked within and surrounding construction areas. B. Identify required lines, levels, contours, and datum locations. C. Protect plant life, lawns, rock outcropping, and other features remaining as portion of final landscaping. D. Protect bench marks, existing structures, fences, sidewalks, paving, and curbs from excavating equipment and ' vehicular traffic. E. Maintain and protect above and below grade utilities indicated to remain. ' F. Establish temporary traffic control and detours when trenching is performed in public right-of-way. Relocate controls and reroute traffic as required during progress of work. 3.2 LINES AND GRADES A. Excavate to lines and grades indicated on drawings. ' 1. Owner reserves right to make changes in lines, grades, and depths of utilities when changes are required for project conditions. ' B. Use laser -beam instrument with qualified operator to establish lines and grades. ' 3.3 TRENCHING A. Excavate subsoil required for utilities. B. Remove lumped subsoil, boulders, and rock protruding up from bottom of trench. C. Perform excavation within 48 inches of existing utility service in accordance with utility's requirements. D. Do not advance open trench more than 200 feet ahead of installed pipe. E. Remove water or materials that interfere with work. F. Trench Width: Excavate bottom of trenches maximum 16 inches wider than outside diameter of conduits or as indicated on drawings. G. Excavate trenches to depth indicated on drawings. H. Maintain vertical faces to an elevation equal to 12 inches above top of conduit. 1. Support Utilities and Structures: 1 Keep trench width at top of trench to practical minimum to protect adjacent or crossing utility lines. 2 Support utilities crossing trench by means acceptable to utility company. 3 Provide temporary support for structures above and below ground. Project Special Provisions - Page 35 of 48 G SECTION 3123 16.13 TRENCHING J. When subsurface materials at bottom of trench are loose or soft, excavate to firm sub grade or to depth directed by Engineer. 1 Cut out soft areas of sub grade not capable of compaction in place. 2 Backfill with backfill material free from stones, rock, or other material that might damage the conduit. Selected backfill shall contain no soil material larger than 1/2-inch diameter. K. Trim Excavation: Hand trim for bell and spigot pipe joints where required. Remove loose matter. L. Correct over excavated areas with compacted backfill as directed by Engineer. 3.4 SURFACE WATER CONTROL A. Control and remove unanticipated water seepage into excavation. B. Provide ditches, berms, and other devices to divert and drain surface water from excavation. C. Divert surface water and seepage water within excavation areas into sumps or settling basins prior to pumping water into drainage channels and storm drains. 3.5 DEWATERING A. Design and provide dewatering system to permit Work to be completed on dry and stable subgrade. B. Operate dewatering system continuously until backfill is minimum 2 feet above normal ground water table elevation. C. When dewatering system cannot control water within excavation, notify Engineer and stop excavation work. 1 Supplement or modify dewatering system and provide other remedial measures to control water within excavation. 2 Demonstrate dewatering system operation complies with performance requirements before resuming excavation operations. D. Modify dewatering systems when operation causes or threatens to cause damage to new construction, existing site improvements, adjacent property, or adjacent water wells. E. Discharge ground water and seepage water within excavation areas through filter bags or into settling basins prior to pumping water into drainage channels and storm drains. F. Remove dewatering and surface water control systems after dewatering operations are discontinued. 3.6 INITIAL BACKFILL A. Inspect all trenches before any backfilling operations are started. B. Support conduit uniformly along entire length of conduit. Project Special Provisions - Page 36 of 48 SECTION 3123 16.13 TRENCHING ' C. Carefully place initial backfill to 12 inches above top of pipe or to depth indicated on drawings. D. Initial backfill shall be free from stones, rock, or other material that might damage the conduit. Selected backfill shall contain no soil material larger than 1/2-inch diameter. 3.7 FINAL BACKFILLING TO SUBGRADE A. Backfill trenches to contours and elevations with unfrozen fill materials. B. Do not backfill over porous, wet, frozen, or spongy sub grade surfaces. Place fill in increments length the trench line. C. material equal the and girth of ' D. Employ placement method that does not disturb or damage utilities in trench. E. Maintain optimum moisture content of fill materials to attain required compaction density. F. Do not leave more than 50 feet of trench open at end of working day. G. Protect open trench to prevent danger to the public. 3.8 DISPOSAL OF EXCESS MATERIAL ' A. Dispose of excess material offsite and legally. B. Furnish Engineer with certificate of disposal site or agreement from private property owner. 3.10 TOLERANCES ' A. Top Surface of Backfilling: Plus or minus 1 inch from required elevations. 3.11 FIELD QUALITY CONTROL A. Perform laboratory material tests in accordance with ASTM D1557 or AASHTO T180. B. Perform in place compaction tests in accordance with the following: ' 1 Density Tests: ASTM D1556, ASTM D2167, ASTM D2922. or 2 Moisture Tests: ASTM D3017. C. When tests indicate work does not meet specified requirements, remove work, replace, compact, and retest. D. For trenches less than 36 inches in depth, compaction tests shall be taken at the surface at a minimum. E. Frequency of Tests: Minimum of one test for every 300 linear feet of trench. The number of density tests may be increased if directed by the City of Fort Collins Inspector. IProject Special Provisions - Page 37 of 48 1 SECTION 3123 16.13 TRENCHING 3.12 PROTECTION OF FINISHED WORK A. Reshape and re -compact fills subjected to vehicular traffic during construction. 3.13 SCHEDULE OF COMPACTION A. Under Pavement and Slabs: Concrete encase per Section 31 23 23 — "Controlled Low -Strength Material. B. Under Landscape Areas: 1 Initial fill to maximum 12 inch above conduits. 2 Compact to minimum 90 percent maximum density. END OF SECTION 31 23 16.13 Project Special Provisions - Page 38 of 48 ' SECTION 3123 23 CONTROLLED LOW -STRENGTH MATERIAL PART 1-GENERAL I1.1 SECTION INCLUDES A. This item shall consist of furnishing, transporting, and placing a controlled low -strength material (CLSM) as flowable backfill in trenches or at other locations shown on the plans or as directed by the Engineer. 1.2 REFERENCES A. ASTM International (Formerly known as American Society for Testing and Materials) (ASTM): 1. ASTM C33-03 - Standard Specification for Concrete Aggregates • 2. ASTM C39/C39M-05el - Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens ' 3. ASTM C94/C94M-07 - Standard Specification for Ready -Mixed Concrete 4. ASTM C117-04 - Standard Test Method for Materials Finer than 75-µm (No. 200) Sieve in Mineral Aggregates by Washing ' S. ASTM C136-06 - Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates 6. ASTM C143/C143M-05a - Standard Test Method for Slump of Hydraulic -Cement Concrete 7. ASTM C150-07 - Standard Specification for Portland Cement 8. ASTM C260-06 - Standard Specification for Air -Entraining Admixtures for Concrete 9. ASTM C618-05 - Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete 10. ASTM C685/C685M-07 - Standard Specification for Concrete Made by Volumetric Batching and Continuous Mixing ' 11. ASTM C 1077-07 - Standard Practice for Laboratories Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Laboratory Evaluation 12. ASTM D75-03 - Standard Practice for Sampling Aggregates 13. ASTM D558-04 - Standard Test Methods for Moisture -Density (Unit Weight) Relations of Soil -Cement Mixtures ' 14. ASTM D4318-05 Standard Test Methods for Liquid Limit, Plastic Limit, Plasticity Index - and of Soil ' 15. ASTM D4832-02 - Standard Test Method for Preparation and Testing of Controlled Low Strength Material (CLSM) Test Cylinders IProject Special Provisions - Page 39 of 48 SECTION 3123 23 CONTROLLED LOW -STRENGTH MATERIAL PART2-PRODUCTS 2.1 MATERIALS A. Portland Cement: Portland cement shall conform to the requirements of ASTM C150, Type V. If for any reason, cement becomes partially set or contains lumps of caked cement, it shall be rejected. Cement salvaged from discarded or used bags shall not be used. B. Fly Ash: Fly Ash shall conform to ASTM C618, Class F. C. Fine Aggregate (Sand): Fine aggregate shall conform to the requirements of CDOT 703.01 D. Water: Water used in mixing shall be free of oil, salt, acid, alkali, sugar, vegetable matter, or other substances that may degrade the quality or performance of the finished product. PART 3 - EXECUTION 3.1 MIX DESIGN A. Proportions: Contractor shall submit to the City of Fort Collins Engineer a mix design including the proportions and source of materials, admixtures, and dry cubic yard batch weights. B. Compressive Strength: CLSM shall be designed to achieve a 28-day compressive strength of 50 to 300 psi when tested in accordance with ASTM C39. There should be no significant strength gain after 28 days. Test specimens shall be made in accordance with ASTM D4832. C. Consistency of the fresh mixture shall be such that the mixture may be placed without segregation. A desired consistency may be approximated by filling an open-ended 3 inch diameter cylinder, 6 inches high to the top, with the mixture and the cylinder immediately pulled straight up. The correct consistency of the mixture will produce an approximate 8 inch diameter circular -type spread without segregation. Adjustments of the proportions of materials should be made to achieve proper solid suspension and flowable characteristics, however the theoretical yield shall be maintained at I cubic yard for the given batch weights. 3.2 TESTING LABORATORY A. The laboratory used to develop the mix design shall meet the requirements of ASTM C1077 including accreditation. Accreditation shall include all test procedures required to develop the mix design. A certification signed by the manager of the laboratory stating it meets these requirements shall be submitted to the Engineer. The certification shall contain as a minimum: Qualifications of personnel: laboratory manager, supervision technician and testing technicians. 2. A listing of equipment, including current calibration records, to be used in developing the mix. 3. A copy of the laboratory's quality control system. 4. Evidence of participation in a proficiency sample program. 5. Evidence of accreditation by a nationally recognized laboratory accreditation organization. Project Special Provisions - Page 40 of 48 I i I I I i I I 11 I I I I I I I I I SECTION 3123 23 CONTROLLED LOW -STRENGTH MATERIAL 3.3 PLACEMENT A. Placement: CLSM may be placed by any reasonable means from a mixing unit into the space to be filled. Agitation is required during transportation and waiting time. Placement shall be performed in such a manner that structures or pipes are not displaced from their desired final position and intrusion of CLSM into undesirable areas is avoided. The material shall be brought up uniformly to the fill line shown on the plans or as directed to the Engineer. Each placement of CLSM shall be as continuous an operation as possible. If CLSM is placed in more than one layer, the base layer shall be free of surface water and loose or foreign material prior to placement of the next layer. B. Limitations of Placement: CLSM shall not be placed on frozen ground. Mixing and placing may begin when the air or ground temperature is at least 35 degrees F and rising. At the time of placement, CLSM shall have a temperature of at least 40 degrees F. Mixing and placement shall stop when the air temperature is 40 degrees F and falling or when the anticipated air or ground temperature will be 35 degrees F or less in the 24-hour period following proposed placement. 3.4 CURING AND PROTECTION A. Curing: The air in contact with the CLSM should be maintained at temperatures above freezing for a minimum of 72 hours. If the CLSM is subjected to temperatures below 32 degrees F, the material may be rejected by the Engineer if damage to the material is observed. B. Protection: The CLSM shall not be subject to loads and shall remain undisturbed by construction activities for a period of 48 hours or until a compressive strength of 15 psi is obtained. Contractor shall be responsible for providing evidence to the Project Manager that the material has reached the desired strength. Acceptable evidence shall be based upon compressive tests made in accordance with paragraph 3.1.B. 3.5 ACCEPTANCE A. Acceptance of CLSM delivered and placed as shown on the plans or as directed by the Project Manager shall be based upon mix design approval and batch tickets provided by Contractor to confirm that the delivered material conforms to the mix design. Contractor shall verify by additional testing, each 5,000 cubic yards of material used. Verification shall include confirmation of material proportions and tests of compressive strength to confirm that the material meets the original mix design and the requirements of CLSM as defined in this specification. Adjustments shall be made as necessary to the proportions and materials prior to further production. END OF SECTION 31 23 23 Project Special Provisions - Page 41 of 48 I SECTION 33 05 23.13 UTILITY HORIZONTAL DIRECTIONAL DRILLING PART 1 GENERAL 1.1 SUMMARY A. Section Includes: 1. Excavation and backfill for approach trenches and pits. 2. Horizontal directional drilling. 3. Pipe and accessories. 4. Testing of pipe B. Related Sections: 1. SECTION 3123 16.13 — Trenching 2. SECTION 31 23 23 — Controlled Low -Strength Material 1.2 REFERENCES A. ASTM International: 1. ASTM F2160 - Standard Specification for Solid -Wall High Density Polyethylene (HDPE) Conduit Based on Controlled Outside Diameter (OD). 2. ASTM F2176 — Standard Specification for Mechanical Couplings Used on Polyethylene Conduit, Duct and Innerduct. 3. ASTM F2620-09el — Standard Practice for Heat Fusion Joining of Polyethylene Pipe and Fittings. B. National Utility Contractors Association: 1. NUCA - HDD Installation Guidelines. 1.3 DESIGN REQUIREMENTS A. Design Criteria: 1. Drilling Steering System: Remote with continuous electronic monitoring of boring depth and location. 2. Directional Change Capability: 90 degree with 35 foot radius curve. 4. Ratio of Reaming Diameter to Pipe Outside Diameter: a. Nominal pipe diameter of 6 inches and smaller: 1.5 maximum. b. Nominal pipe diameter larger than 6 inches: Submit recommended ratio and reaming procedures for review. 1.4 SUBMITTALS A. Shop Drawings: Project Special Provisions - Page 42 of 48 I 11 I SECTION 33 05 23.13 UTILITY HORIZONTAL DIRECTIONAL DRILLING 1 Submit technical data for equipment, method of installation, and proposed sequence of construction 2 Include information pertaining to pits, dewatering, method of spoils removal, equipment size and capacity, equipment capabilities including installing pipe on radius, type of drill bit, drilling fluid, method of monitoring line and grade and detection of surface movement, name plate data for drilling equipment, and mobile spoils removal unit. 3 Include number and sizes of conduits to be bored and the depth of each bore. 4 Submit shop drawings to City of Fort Collins Engineer and Burlington Northern Santa Fe (BNSF) railroad for approval prior to beginning any work. B. Product Data: 1 Identify source of water used for drilling. 2 Submit copy of approvals and permits for use of water source. C. Installer Qualifications: Submit history of previous work completed of equivalent nature and scope. Include qualification and experience of key personnel. D. Manufacturer's Certificate: Certify products meet or exceed specified requirements. 1.5 CLOSEOUT SUBMITTALS A. Project Record Documents: As part of the closeout submittal provide a set of redline as -built drawings of all directional bores. Include the following information: 1 Identify and describe unexpected variations to subsoil conditions or discovery of uncharted utilities. 2 Record actual depth of pipe at 25 feet intervals. 3 Record actual horizontal location of installed pipe. 4 Show depth and location of abandoned bores. 5 Record depth and location of drill bits and drill stems not removed from bore. 1.6 QUALITY ASSURANCE A. Perform work in accordance with the following: 1 NUCA HDD Installation Guidelines. 2 ASTM F1962. B. Maintain one copy of documents on site. 1.7 QUALIFICATIONS A. Installer: Company specializing in performing work of this section with minimum 5 years documented experience. 1 Work Experience: Include projects of similar scope and conditions. Project Special Provisions - Page 43 of 48 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. SECTION 33 05 23.13 UTILITY HORIZONTAL DIRECTIONAL DRILLING 2 Furnish list of references upon request. 1.8 DELIVERY, STORAGE, AND HANDLING A. Provide temporary end caps and closures on piping and fittings until pipe is installed. B. Protect pipe from entry of foreign materials and water by temporary covers, completing sections of work, and isolating parts of completed system. C. Accept products on site in manufacturer's original containers or configuration. Inspect for damage. Damaged material shall be rejected and replaced. D. Use shipping braces between layers of stacked pipe. Stack piping lengths no more than three layers high. E. Store field joint materials indoors in dry area in original shipping containers. Maintain storage temperature of 60 to 85 degrees F. F. Support pipes with nylon slings during handling. 1.9 ENVIRONMENTAL REQUIREMENTS A. Conduct operations so as not to interfere with, interrupt, damage, destroy, or endanger integrity of surface or subsurface structures or utilities, and landscape in immediate or adjacent areas. PART 2 PRODUCTS 2.1 DRILLING FLUID A. Drilling Fluid: Liquid bentonite clay slurry; totally inert with no environmental risk. 2.2 PIPE A. Polyethylene Pipe: ASTM F2160: 1 Fittings: ASTM F2176. 2 Joints: ASTM F2620, butt and socket fusion. 2.3 FILL MATERIALS A. Backfill: Excavated subsoil or granular fill. 2.4 WATER SOURCE A. Water: Potable. 2.5 UNDERGROUND PIPE MARKERS A. Trace Wire: Electronic detection materials for non-conductive piping products. 1 12 gage, solid, bare copper wire. Project Special Provisions - Page 44of 48 I i I 0 I 1 SECTION 33 05 23.13 UTILITY HORIZONTAL DIRECTIONAL DRILLING 2.6 GROUT A. Fill and Seal Grout at Pipe Ends: Mortar proportioned as described below. Do not add more water than is necessary to make a workable mixture. 1 Mix No. 1: 1 part Portland cement, 1/4 part hydrated lime, 3-3/4 parts mortar sand (maximum). 2 Mix No. 2: 1 part Portland cement, 1 part masonry cement, 6 parts mortar sand (maximum). B. Pressure Grout Mix: One part Portland cement, and six parts mortar sand mixed with water to consistency applicable for pressure grouting. PART 3 EXECUTION 3.1 EXAMINATION A. Verify connection to existing piping system size, location, and invert elevations are in accordance with drawings. 3.2 PREPARATION A. Call local utility line information service indicated on drawings not less than two full working days before performing work. 1. Request underground utilities to be located and marked within and surrounding construction areas. B. Locate, identify, and protect utilities indicated to remain from damage. C. Notify utility company to remove and relocate utilities. D. Identify required lines, levels, contours, and datum locations. E. Protect plant life, lawns, rock outcroppings and other features remaining as portion of final landscaping. F. Protect bench marks, survey control points, existing structures, fences, sidewalks, paving, and curbs from excavating equipment and vehicular traffic. G. Establish minimum separation between utilities in accordance with applicable code. H. Establish pipe elevations with not less than 3 feet of cover. 3.3 DEWATERING A. Dewater as specified in Section 321 23 16.13 — "Trenching". B. Intercept and divert surface drainage, precipitation, and groundwater away from excavation through use of dikes, curb walls, ditches, pipes, sumps or other means. C. Develop and maintain substantially dry sub grade during drilling and pipe installation. D. Comply with state and municipal requirements for discharging water to watercourse, preventing stream degradation, and erosion and sediment control. Project Special Provisions - Page 45 of 48 SECTION 33 05 23.13 UTILITY HORIZONTAL DIRECTIONAL DRILLING 3.4 EXISTING WORK A. Maintain access to existing facilities and services indicated to remain. Modify pipe installation to maintain access to existing facilities. 3.5 EXCAVATION A. Excavate subsoil as specified in Section 31 23 16.13 — Trenching. B. Excavate approach trenches and pits in accordance with shop drawings and as site conditions require. Minimize number of access pits. C. Provide sump areas to contain drilling fluids. D. Install excavation supports as specified in Section 31 23 16.13. E. Restore areas after completion of drilling and carrier pipe installation. 3.6 DRILLING A. Drill pilot bore with vertical and horizontal alignment as indicated on shop drawings. B. Guide drill remotely from ground surface to maintain alignment by monitoring signals transmitted from drill bit. 1 Monitor depth, pitch, and position. 2 Adjust drill head orientation to maintain correct alignment. C. Inject drilling fluid into bore to stabilize hole, remove cuttings, and lubricate drill bit and pipe. D. Continuously monitor drilling fluid pumping rate, pressure, viscosity, and density while drilling pilot bore, back reaming, and installing pipe to ensure adequate removal of soil cuttings and stabilization of bore. 1 Provide relief holes when required to relieve excess pressure. 2 Minimize heaving during pullback. E. Calibrate and verify electronic monitor accuracy during first 50 feet of bore in presence of Engineer before proceeding with other drilling. Excavate minimum of four test pits spaced along first 50 feet bore to verify required accuracy. When required accuracy is not met, adjust equipment or provide new equipment capable of meeting required accuracy. F. After completing pilot bore, remove drill bit. 3.7 DRILLING OBSTRUCTIONS A. When obstructions are encountered during drilling, notify Engineer immediately. Do not proceed around obstruction without Engineer's approval. B. For conditions requiring more than 3 foot deviation in horizontal alignment, submit new shop drawings to Engineer for approval before resuming work. Project Special Provisions - Page 46 of 48 I I I 1 1 n SECTION 33 05 23.13 UTILITY HORIZONTAL DIRECTIONAL DRILLING C. Maintain adjusted bore alignment within easement or right-of-way. 3.8 PIPE INSTALLATION A. After completing pilot bore, remove drill bit. Install reamer and pipe pulling head. 1. Select reamer with minimum bore diameter required for pipe installation. B. Attach pipe to pipe pulling head. Pull reamer and pipe to entry pit along pilot bore. C. Inject drilling fluid through reamer to stabilize bore and lubricate pipe. D. Install piping with horizontal and vertical alignment as shown on drawings. E. Protect and support pipe being pulled into bore so pipe moves freely and is not damaged during installation. F. Do not exceed pipe manufacturer's recommended pullback forces. G. Install trace wire continuous with each bore. Splice trace wire only at intermediate bore pits. Tape or insulate trace wire to prevent corrosion and maintain integrity of pipe detection. 1 Terminate trace wire for each pipe run at structures along pipe system. 2 Provide extra length of trace wire at each structure, so trace wire can be pulled 3 feet out top of structure for connection to detection equipment. 3 Test trace wire for continuity for each bore before acceptance. H. Provide sufficient length of pipe to extend past termination point to allow connection to other pipe sections. I. Allow minimum of 24 hours for stabilization after installing pipe before making connections to pipe. J. Mark location and depth of bore with spray paint on paved surfaces, and wooden stakes on non -paved surfaces at 25 foot intervals. 3.9 SLURRY REMOVAL AND DISPOSAL A. Contain excess drilling fluids at entry and exit points until recycled or removed from site. Provide recovery system to remove drilling spoils from access pits. B. Remove, transport and legally dispose of drilling spoils off site. l Do not discharge drilling spoils in sanitary sewers, storm sewers, or other drainage systems. 2 Notify the Engineer if contaminated soils are discovered. C. When drilling fluid leaks to surface, immediately contain leak and barricade area from vehicular and pedestrian travel before resuming drilling operations. D. Complete cleanup of drilling fluid at end of each work day. 3.10 BACKFILL A. Install backfill and compact as specified in Section 31 23 16.13. Project Special Provisions - Page 47 of 48 SECTION 33 05 23.13 UTILITY HORIZONTAL DIRECTIONAL DRILLING B. Backfill approach trenches and pits with subsoil fill to contours and elevations indicated on Drawings or of surrounding existing grade. 3.11 ERECTION TOLERANCES A. The following tolerances are from positions submitted by Contractor and approved by City of Fort Collins Engineer and BNSF railroad. B. Maximum Variation From Horizontal Position: 12 inches. C. Maximum Variation From Vertical Elevation: 2 inches. D. Minimum Horizontal and Vertical Clearance from Other Utilities: 12 inches. E. When pipe installation deviates beyond specified tolerances, abandon bore, remove installed pipe, re -bore, and reinstall pipe in correct alignment. F. Fill abandoned bores greater than 3 inches in diameter with grout or flowable fill material. 3.12 FIELD QUALITY CONTROL A. Compaction testing: As specified in Section 31 23 16.13. B. When tests indicate work does not meet specified requirements, remove work, replace and retest. 3.13 CLEANING A. Upon completion of drilling and pipe installation, remove drilling spoils, debris, and unacceptable material from approach trenches and pits. Clean up excess slurry from ground. B. Restore approach trenches and pits to original condition. C. Remove temporary facilities for drilling operations. END OF SECTION 33 05 23.13 Project Special Provisions - Page 48 of 48 I SECTION 03500 ' PROJECT MAPS Downtown Conduit Backbone and Laterals 1 I I N Vicinity Map - Downtown Conduit Backbone and Laterals CHERRYST 0� MAF LE ST O O� ST run)Q w LAPOR E AVE w W Q�� O�O� i� t- Oz 0 00 O AFT z w z �q GSP �FR 2 z w S w TF IMBLE T T Oyu 2 �G z W MOUt ITAIN AVE E MOUNTAI AVE �2 L� W OAK 3T w E OAK ST J W w J� J J LL P ¢ W OLI E ST E OLIVE ST GP w z 0 � N U) MAGI LIAST r U) E M GNOLI ST w (n 0 o W z U) W = w W 0z N Cn U) N J 0 d H W W W a m MULB RRY ST U) E MUL ERR ST w W MY ZTLE ST E MYRTLE ST W LA REL ST E LAU EL ST 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in ' determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide ' the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, t (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. 1 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. I 8.0 LIQUIDATED DAMAGES. ' Provisions for liquidated damages are set forth in the Agreement. ' 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment ' described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal' items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal' item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement'. The procedure for ' submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS ' 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. ' 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute ' without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable ' subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ' ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. ' 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. ' 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. EXHIBIT 1 — QUESTIONS & ANSWERS 1. If sweeps are used, do they have to be GRC? A. PVC coated GRC or fiberglass sweep bends were a requirement of City of Fort Collins Light and Power. Sweep bends will be required if the HDPE cannot maintain the 10 times inside diameter requirement for the minimum bend radius. The PVC coating of the GRC is to prevent deterioration of the steel that is in contact with the earth. Fiberglass sweeps would not require PVC coating. 2. If sweeps are used, what coupler should be used from sweep to HDPE? A. E-Loc couplings can be used to couple the HDPE.conduit to PVC, fiberglass or GRC. Addendum 2 — 7263 Downtown Conduit Backbone and Laterals Page 1 of 11 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at ' the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not ' receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place ' where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an ' authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. ' 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. ' 15.0 OPENINGS OF BIDS. ' Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. ' 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all ' informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER ' reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials 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 hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. ' OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. ' Provisions concerning retainage are set forth in the Agreement. ' 22.0 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. ' 23.0 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 I 1 I SECTION 00300 -1111Mal zi J,I I 1 SECTION 00300 BID FORM PROJECT: 7263 Downtown Conduit Backbone and Laterals Place: 215 N Mason Street Date: 08/08/2011 In compliance with your Invitation to Bid dated July 15, 2011 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 seventy nine thousand six hundred thirty dollars and thirty four cents ($ 79,630.34 } in accordance with the Invitation To Bid and Instructions to Bidders. 1 4 I li 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: Safeco Insurance 333 City Blvd. West, Suite 300 Orange, CA 92868 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list.. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through 8. BID SCHEDULE (Base Bid) Item No. Description BRT(A) BNSF(B) Traffic(C) Total -Contract Quantity A+B+C Unit Unit Price (E) Total (Da E) 626.00001 Mohili atim 0.33 0.33 0.33 1.0 LS S 20, 000. 00 S 20,000. 00 630.00001 Conmuuion Zore Traffic Control 0,33 0.33 0.33 1.0 LS 536,000.00 S 36, 000.00 660.00001 Trenching 640 210 123 975 LF S 20.50 S 19, 987.50 660-00002 Potholing too 100 100 300 HR S 136.00 S 40, 800. 00 660.OM3 Controlled Law Strength Material 640 210 65 915 CY S 115.00 S 105,225.00 660.00004 Directional Baruig 4.515 5,274 1,955 11,744 LF S 23.00 S 270, 112. 00 660-00005 2" HOPE SDRII 17,192 0 2,600 19,792 LF S 3.75 S 74,220.00 660.OW06 3"HDPE SDRII 0 5,824 4,400 10,224 LF S 8.00 S 81, 792.00 660-00007 4"HOPE SDRII 0 7,322 0 7,322 LF S 11.00 S 80,542.00 660-00008 2* PVC SCH 40 550 0 114 664 LF S 1.45 S 962.80 660-00009 3"PVC SCH 40 0 325 145 470 LF S 2.75 S 1, 292. 50 660-000tO 4'PVC SCH 40 0 325 0 325 LF S 3.50 S 1,137.50 660-00011 2" PVC SCH 40. 45' Radius IOX Internal Die. 17 0 13 30 EA S 46.50 S 1,395.00 660-M12 3'PVC SCH 40- 45' Radius IOX Internal Dia. 0 13 18 31 EA S 53.50 S 1,658.50 660-00013 4"PVC SCH 40.45' Radius l OX Internal Dia. 0 13 0 13 EA S 86.00 S 1, 118.00 660-OOD14 2' PVC SCH 40-90' Radius IOX Im mal Dia. 17 0 13 30 EA S 144.00 S 4,320.00 660.00015 3"PVC SCH 40- 90' Radius 10X Internal Ou 0 13 18 31 EA S 170.00 S 5,270.00 660.00016 4" PVC SCH 40.90' Radius 10X Internal Dia. 0 13 0 13 EA S 282.50 S 3,672.50 660.00017 36" X 48' count Spice Vaui 11 0 0 11 EA S 975.50 S 10,730.50 660.00018 36' X 48" Comm Slack Storage Vault 6 0 0 6 EA S 975.50 S 5,853.00 660-00019 36" X 48" BNSF V ault 0 11 11 22 EA S 975.50 S 21,461.00 660-00020 I8'X 31" Traffic Vault 0 0 6 6 EA S 520.60 S 3,123.60 660-00021 13' X 24" Traffic Vault 0 0 7 7 EA S 395.00 S 2,765.00 660-00022 Comm Handhoie 3 0 0 1 7 EA S 955.00 S 2,865.00 TOTALPRO3ECTCOST S seven hundred ninety six thousand three hundred three fourty First Name Tetra Tech Construction Services, Inc Address 5401 East 48th Avenue Denver, CO 80216 Signature _..... Kyle Deaton - President E-mail kyle.deaton@tetratech.com Phorrc/Fax (720) 881-7111 Check One Corporation X Partnership DBA LLC PC ' 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: ' RESPECTFULLY SUBMITTED: Tetra Tech construction Services, Inc. CONTRACT ' BY: 1 Kyle Deaton 8/8/11 Printed Date President ' Title License Number (If Applicable) ' (Seal - if Bid is by corporation) Attest: A� 5401 East 48th Avenue Denver, CO 80216 `0%11111i11,11, Address c,ZRUCT6, POg9Td'F 0- ~�40 C. SEAf_ ; y Telephone (720) 881-7111 cc 1900 ' 'r`� •,* •' Email y k le.deatonOtetratech. com coy ......����`��` I SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors I I [1 1 H Downtown Conduit Backbone and Laterals Bid No. 7263 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned TETRA TECH CONSTRUCTION SERVICES. INC as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ Five Percent att nounleld(5%) 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, . 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. -1- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-29-11 GENERAL DECISION NUMBERS CO20100014 AND CO20100015, HIGHWAY CONSTRUCTION EXHIBIT 2 — REVISED DAVIS BACON WAGE DETERMINATION Decision Nos. CO20100014 and CO20100015 dated Modifications ID March 12, 2010 supersedes Decision Nos. C0020080014 NOD Number Date Page Number(s) and C0020080015 dated February 08 2008. 1 05-07-10 1,2 2 06-04-10 1,5 1 2 When work within a project is located in two or more counties and the minimum wages and fringe benefits are 3 08-06-10 1,5 3 different for one or more job classifications, the higher 4 10-08-10 1 4 minimum wages and fringe benefits shall apply 5 10-29-10 s 5 throughout the project. g P J 6 07-15-11 1,5 7 07-29-11 1,5 6 7 General Decision No. CO20100014 applies to the following counties: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo, and Weld counties. General Decision No. CO20100014 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Fringe Benefits Last Hourly Mod Rate ELECTRICIANS: 1200 Electrical work $150,000 or less (Pueblo county) 22.85 10.79 1201 Electrical work over $150,000 (Pueblo county) 27.00 10.91 Electricians (Adams, Arapahoe, Boulder, Broomfield, 1202 Denver, Douglas, Jefferson, Lanmer, and Weld 31.60 12.52 6 counties) 1203 Electricians (El Paso county) 28.55 13.43 7 1204 Electricians (Mesa county) 20.31 8.92 1205 Traffic Signal Installer (Zone 1) 23.83 4.75 + 13.75% 1206 Traffic Signal Installer (Zone 2) 26.83 4.75 + 13.75% Traffic Installer Zone Definitions Zone 1 — Within a 35 mile radius measured from the addresses of the following cities: Colorado Springs - Nevada & Bijou Denver - Ellsworth Avenue & Broadway Ft. Collins - Prospect & College Grand Junction - 12th & North Avenue Pueblo - I-25 & Highway 50 Zone 2 - All work outside these areas. POWER EQUIPMENT OPERATORS: 1300 Asphalt Screed 23.67 9.22 1301 Bituminous or Asphalt Spreader/Laydown Machine 23.67 9.22 1302 Bulldozer 1 23.67 1 9.22 Addendum 2 — 7263 Downtown Conduit Backbone and Laterals Page 1 of 11 Downtown Conduit Backbone and Laterals Bid No. 7263 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of A-guu4 , 2011 , and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: TETRA TECH CONSTRUCTION SERVICES. INC. Address: 5e01 E. 40m Avenue. Oenver. CO 80216 ATTEST: ;1 c, 00- .../!v i eg SURETY SAFECO INSURANCE COMPANY OF AM.ERICA 1001 eln Avewe. Stale 1700. Seattle. WA 98154 By: Title. B. Aleman. Attorvy-ln.FaCl (SEAL) I I 1 J I State of California County of Los Angeles On —AU6 0 4 2011 before me, Simone Gerhard, Notary Public, personally appeared B. Aleman who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theif authorized capacity(ies), and that by his/her/thew signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ' SIMONE GERHARD Commission # 1784570 ,-i; l Notary Public - California ' a Los Angelus County d QComm. iMsDec 9.2011 Signature._ Sim ard, Notary Public THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4463340 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint E. S. ALBRECHT, JR., TRACY C. ASTON, C. K. NAKAMURA, LISA L. THORNTON, MARIA PENA, MARINA TAPIA, EDWARD C. SPECTOR, KID CONRAD, BRENDA WONG, SIMONE GERHARD, NOEMI QUIROZ, B. ALEMAN, ALL OF THE CITY OF LOS ANGELES, STATE OF CALIFORNIA.............................................................................................................................................................................................. , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding SEVEN HUNDRED FIFTY MILLION AND 00/100""'<" "'••• DOLLARS ($ 750,000,000.00"""' "" *'**'*) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed _ by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Execution of Contracts: Section 12. Surety Bonds and Undertakings. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the Resident may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in - fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article IV, Section 12 of the By-laws, Garnet W. Elliott, Assistant Secretary of Safeco Insurance Company of America, is authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the Bylaw and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 15th_ day of March 2011 SAFECO INSURANCE COMPANY OF AMERICA By Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 15th day of March , 2011 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seat of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREOyFt._4av(P re n, subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. u y///j By 1-d.4J i i cR _ x 1 Teresa Pastella, Notary Public CERTIFICATE Yt Lh.. I, the undersigned, Assislan4 $2¢ret0i�,of Safeco Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and aoneehodk is in full force and effect on the dale of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by,facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 1 Bth day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. 4 IN TESTIMONY WHEREOF, I have hereunto subscribed my naeaf d 4ffjxed the corporate seal of the said company, this ( _day of David M. Carey, A flstant Secretary I 1 I 1 1 I 1 ' 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: Tetra Tech construction Services, Inc. 2. Permanent main office address: 5401 East 48th Avenue Denver, CO 80216 1 3. When organized: 8/1/1990 4. If a corporation, where incorporated: colorado 5. How many years have you been engaged in the contracting business under your present firm or trade name? 20+ years 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) See attached for project history 1 [1 0 1 General character of Work performed by your company: Traffic, ITS, Fiber Installation, Electrical Have you ever failed to complete any Work awarded to you? No If so, where and why? 9. Have you ever defaulted on a contract? No If so, where and why? 1 10. Are you debarred by any government agency? No If yes list agency name. 1 I 1 1 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. See attached for project history 12. List your major equipment available for this contract. See attached equipment list 13. Experience in construction Work similar in importance to this project: See attached for project history 14, Background and experience of the principal members of your organization, including officers: See attached resumes 15, Credit available: $ 16. Bank Reference: Wells Fargo (415) 243-?352 Samuel Rodriguez 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? Yes 18. Are you licensed as a General Contractor? If yes, in what city, county and state? What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract? Yes If yes, what percent of total contract? 53% And to whom? see List 1 I ' 20. Are any lawsuits pending against you or your firm at this time? No IF yes, DETAIL 21. What are the limits of your public liability? DETAIL see Attached insurance Cert What company? Aon Risk Insurance Services West, Inc. 22. What are your company's bonding limitations? see Attached Surety Letter 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 Sth day of August 2011. ' Tetra Tech Construction Services, Inc. Name of Bid�f r By: _i `� Title: Kyle Deaton - President ' State of ww"'lam 1 County of aax wj _J!T4wo 4m&,t being duly sworn deposes and says that he is of Tech CST 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 J94'�' day of , 201. Notary Public My commission expires: Z.. 1 (Seal) I Tetra Tech Equipment List 7/3V11 Year Make Model Color License # VIN Site 1990 Vac Mast Unknown ON TR. 90 Oregon 1990 Vac Mast Unknown ON TR. 90 Oregon 2008 Load Tra 8x2S Goose Black Y05703 AZ SL8GP302381014470 Arizona 2005 LINCOLN Vantage 50 STAINLESS STEEL N/A U105012364 Arizona 2005 LINCOLN Vantage 50 STAINLESS STEEL N/A U105012366 Arizona 2001 HOMEM BXTL lWhite W95387 AZ AZ242556 Arizona 2011 WELLS CA TCF85202 WHITE Y05704 AZ 1WF200J26B7039288 Arizona 2010 Lincoln K240S-2 Va STAINLESS STEEL NA U1100802810 Arizona 2005 FORD F1S0 Yellow temp 1FTRF1220SKD83136 Arizona 1900 Ingersol VR90B 4x4 Beige Temp 146943 Arizona 2003 FORD F250SD White Temp 1FTNW211`03EA25412 Utah 1998 Freightl FL112 T/A lWhite TEMP WA j1FVXTEDBXWHA08S12 Washington 1995 Intersta 40DLA 20 T IGrey Temp 1JKDLA207SA200112 Washington 1998 Vermeer MX240 IYellow 1VR6120P281000555 Washington 1998 Vermeer MX240 Yellow 1VR6120P481000556 Washington 1900 Vermeer D24x40 Yellow 1VRZ1903691000790 Arizona 2008 Ford F-150 Black Co. 722RG 1FTPW14V08FA43920 Colorado 2002 Ford F-250 White CG-21631 11FTNF20L52EA03315 Arizona 2001 Ford F250 White 3FTNF20L31MA43630 Arizona 2006 FORD F150 lWhite CG31889AZ 1FTPW14V96KD95009 Arizona 2006 FORD F350 White 048VNE Co 1FTWF31P66EC79911 Arizona 2004 Ford F-150 Black Co.338PS 1FTPW14514KCSS7S8 Colorado 2011 GMC Sierra K15 White AMZ0142 A 3GTP2UEA2BG144942 Arizona 2007 Ford F-150 Ex-C White Co. 774 S 1FTPX14577KB64236 Colorado 2010 CONEX 40 Foot Co Beige CT05509 Arizona 2005 Dodge Ram 1500 lWhite 8P91444 C 1D7HA16N75J510085 California 2005 Dodge Ram 1500 White 8P91443 C 1D7HA16NOSJ582651 California 2010 CONEX 40 Foot Co Beige CTOSS23 Arizona 2004 Chevrole Tahoe White Co.775ST 1GNEK33V34J320711 Colorado 1999 GMC 2500 Blue Or.127000 lGTGK29U6XZ526603 Oregon 2005 Dodge Ram 1500 S White 1D7HA16N7S1582S51 Colorado 2005 Dodge Ram 1500 S lWhite CG10873 A 1D7HA16N45J510089 Arizona 1999 Ford F-1SO White Ut. 633NF 1FTRXOBL7XKA56629 Washington 2000 Chevy 1500 White Ut. 062 U 1GCEC14WOYZ104139 California 2005 Ford F-150 White Ut. 959 V 1FTPW1451SKE76830 California 2005 Ford Ranger White Ut. 064 U 1FTYR10D15PA747S4 California 2000 Chevy 1500 White 8V47198 C 1GCEK19T9YE166938 California 2001 Ford F-1504x4 White Co. 029T 1FTRX18W51NA42637 Arizona 19991 Ford lExplorer lRed Wa.757VZ 1FMZU34X2XZB192S4 Oregon 20071 Ford F-150 I Black B1319SD W 1FTPW14V67FB56009 Washington I I I I r I I I I I I I I I I I I 2011 FORD F250 U4 White CG37806 A 1FT7W2B60BEA99449 Arizona 2000 GMC 1500 White Wa. B1951 1GTEK19T4YE186210 Washington 2005 Dodge Ram 1500 S White CG10875 A 1D7HA16N85J510029 Arizona 2005 Dodge RAM 1500 White Wa. A4375 1D7HA16N351582546 Washington 2005 Dodge RAM 1500 White Wa. A6423 1D7HA16N051510025 Washington 20061 Ford E-250 lWhite CO 291 TX 11FTNE24WX6HA73517 Colorado 2004 Dodge RAM 1500 White AZ99909 iD7HA16N14J190048 Arizona 2005 Dodge RAM 1500 White 8V47199 C 1D7HA16N851510032 California 2008 Ford F150 White Ut. Z313 1FTPW14VX8FA31337 California 2007 Ford F1SO White Ut.015 U 1FTPW14V17KC82687 California 2005 Chevy 2500HD White Co. 076 R lGCHC29UOSE275180 Colorado 2002 Chevy 1/2 Ton White CO943RTG 2GCEK19V121305339 Colorado 2002 Chevy 1/2 Ton White Co. 940 R 2GCEK19V821244880 Colorado 2006 Dodge RAM 1500 White Wa. B1204 107HA161NI961105914 Washington 2006 Dodge RAM 1500 White Wa. B1204 1D7HA16N36J178325 Washington 2005 Dodge 1500 SILT White Or. 050 D ID7HA16N25J582554 Oregon 2006 Dodge RAM 1500 Gray Wa. B4919 j1D7HA16N66J167304 Washington 2005 Dodge Ram 1500 lWhite Wa. A0468 1D7HA16N65J582556 Washington 2005 Dodge Ram 1500 S White Or. 350 B 1D7HA16N45J582S55 Oregon 2006 Dodge Ram 1500SL White or.407 EC 1D7HA16N06J105915 Oregon 2006 Dodge Ram 1500 S White 8V47444 C 1D7HA16N66J178111 California 2005 Dodge RAM 1500 White Wa. A3880 1D7HA16N95J582552 Washington 2005 Dodge RAM 1500 White Wa. A0986 07HA161\1951510024 Washington 2006 Dodge Ram 1500 S lWhite Or.314 CE 1D7HA16N86J105922 Oregon 2006 Dodge Ram 1500 S White Or.897 CIE 1D7HA16N26J105849 Oregon 2006 Ford F-250 White 547TJG 1FTSX21P21EC81662 Colorado 2006 Ford F150 Silver 370TJB 1FTRX14WX6KB83251 Colorado 20051 Ford F150 White 951TJO CO 11FTPX14545KC40492 Colorado 2001 Chevy 3500 White Co 848 SG 3GBKC34FOlM114776 Colorado 2000 Ford F-450 White Or. T5283 1FDXF46F6YEA73819 Arizona 1999 Ford F-5SO SO White Or. T5265 1FDAF56FXXEC23697 Arizona 2006 Chevy 3500 White 549TJG 1GBJK39U66E119936 Colorado 2006 Chevy 3500 White 548TJG 1GBJK39UX6E131250 Colorado 2006 Chevy 2500 White CG09140 A 1GCHK23U46F199194 Arizona 2006 Chevy 2500 White CG10876 A 1GCHK23U66F1984S2 Arizona 2004 Ford F-450 CC Black Or. T 559 1FDXW46P24ED33037 Arizona 2003 CHEV C4500 CG31778 A 1GBC4E1E03F508340 Arizona 2002 FORD F450XLF1 CG31779 A 1FDXF46F72ED01964 Arizona 2005 CHEV C3500 Flat CG31815 A 1GB1C34255E244881 Arizona 2004 CHEV C3500 Flat CG31777 A I 1GBJC34U94E367342 Arizona 2008 FORD F250 White CG31895A J1FTSX21R58EA25598 Arizona 2000 Ford F-450 White 13FEXF46F6YMA12296 Utah 2001 Ford F-450 White Co.075 R 11FDXF46F21EA62757 Colorado 2000 Ford F-450 White 11FDXF46F6YEC98659 California 2001 Ford F-450 White CG31792 A 1FDXF46F61EA62759 Arizona 1992 Chevy 3500 White CO 394TX 1GBKC34KXNJ104403 Colorado 2000 Ford F-4SO White Wa. B4702 1FDXF46F3YEA85829 Washington 2000 Ford F-450 White Co. 266 R 1FDXF46F3YEA82557 Colorado 2000 Ford F-450 White Wa. B6296 1FDXF46FOYEA92222 Washington 20041 Ford F-450 White Wa. B1062 1FDXW46P24ED56818 Washington 2004 Ford F-450 lWhite Wa. B1062 IIFDXW46PX4EC90308 Washington 2006 Dodge 3500 White 364 TKO c 3D6WX48C06G224556 Colorado 2005 Ford F350 White CD63770 1FDSF345X5EC33596 Arizona 2001 FORD FS50 Flat White CG31793 A 1FDAW56F31EA92782 Arizona 1995 Ford F450 White 8C12123 C 1FDLF47F2SEA51868 California 19931 Ford C6000 White 2115565 1FDWH70C9PVA36302 Oregon 2000 Ford F-650 White Or. Y1156 3FDNF6520YMA44912 Washington 1999 Ford F-450 W/ A lWhite Y115652 11FDXF47FOXE896870 California 1985 Internat 51900 White Wa. A1228 1HTLDTVNlFHA62921 Washington 1985 Internat 51900 White Wa. A6707 1HTLDUYNAGHA30701 Washington 1990 Internat 4900 White Wa. A9242 1HTSHTVR6LH233898 Washington 2000 Internat Bucket White Co. 669 E 1HTSEAANOYH267049 Colorado 1998 Navistar 4700 Co. 312 E 1HTSCAAN5WH500894 Colorado 2000 Ford f-450 W/ A White Y115654 11FDXF46FXYED43019 California 2000 GMC 7500 White Or. YARFS 1GDM7H1C8Y1509453 Washington 1997 Freightl FL-80 White Or. YARGS 1FV6JLBB8VH823490 Washington 1991 Internat 4900 White B85555N W 1HTSDNHR8MH302756 Washington 1997 GMC C 7500 CO 565 HR 1GDM7H114VJ518001 Colorado 1990 Mud Hogg 800 gal. ON TR.10 On Truck 10907 Oregon 1992 Ford F-800 White Or. YARBS 11FDYK84A4NVA17971 Washington 1992 Ford FL 9000 W\ lWhite Or. YARE9 1FDY590LXNVA06714 Oregon 1990 Internat 4900 White CG13468 1HTSHZ7R8LH217007 Arizona . 1996 GMC Top Kick ( I CG3188S A 1GDM7H114TJ507013 Arizona 20061 Hino 338 White Or. YARGS SPVNV81TX62S10620 Washington 2000 Internat 4700 White 1HTSMABM7YH244862 California 2003 Freightl FL50 White Or. YARC6 IIFVABKAL03HK47340 Washington 2005 Ford PSO White CO 566 HR 3FRXF7SEX5V117080 Arizona 1987 Ford F-800 White WA. B0704 1FDPK84N7HVA49607 Washington 2004 KENWORTH T300-1 WHITE CG30456 A 3BKMLD9X5SF082533 Arizona 1995 Ford DumpTruck White 6U38927 C 1FDLF47F4SEA69160 California 2008 CHEVY C4500 White 8W45181 1GBE4C1948F405509 California 2008 CHEVY C4500 White 975VNE CO I1GBE4E1978F400039 Colorado 1997 GMC C6S00 5 Ya CG30474 A 1GD17H1J2VJ518856 Arizona 1991 GMC C6SOOTOR CG31753A 1GDM7H117MJ511929 Arizona 1992 Internat 9300 White Or. YARB4 2HSFHRBR6PC069482 Washington 1997 Maxey TrailerSP U2867300 1M9EA14JSV1104302 Oregon 1990 Mud Hogg 800 Gal. 2A9FC142X1P463005 Colorado 2000 Vac Star 800 Gal. HU19312 0 15E3FT28N841000022 Colorado i I I C I I I I I I 2002 Vactron PMD 80OGT Yellow W60049 AZ I1A9AF18251F495846 jArizona, 2007 Ditch Wi FX30 Orange W78349 AZ ICMWZFX3MV70000006 jArizona 2000 Maxey SPV800 On Co. 373 H j1M9EA1RM3Y1104829 10regon 1998 Mud Hog 800 Gal. 4EH7364 12A9FE14211P463006 {California 1999 SPV 800 Gal. Black Wa. 9826T 1M9EA14M3X1304490 lWashington 1996 Hogg Dav 18HEPT160 lYellow None 166120 Oregon 1900 Trailer Landscape Or. U3827 JOR81567 loregon 1900 Standard Tubro Reel Yellow Wa. 1463N IHRD-20-3287 (California 1900 Tubro Re Unknown Wa. 2769M I 10regon 1900 Case Unknown I 10regon 1994 Traileze DL10R Brown Wa. 2242R 11DA12RJOlSP011634 10regon 1900 Allmond Arrow Broa Wa.9121R I 94058410regon 1900 Fiber Pu Unknown Wa. 33895 I loregon 1900 Butler Equipment Orange Co.672RT J1BUD22203111002978 lColorado 1900 NA T-18 NA 14KNF120243L161801 lCalifornia 2000 Belshe Drill Trai NA j4UVPF182Y1000830 (California 2009 Pace Ame WS46SALD Black j5VZFB061X9L005358 Oregon 2007 Snowbear 4060AL JBIack 12SWUW11A37G351224 10regon 2008 Butler LT1416WLS Yellow Wa.6546V 11139DF162882726940 lWashington 2000 Belshe Trailer A Orange W78289 AZ 1161F02038Y1033971 jArizona 2000 HGDA S/A FLB White CO 964 UK I 3612241Colorado 19001 Brot T/A Yellow CO 875 UK I1139PS0921RM274009 lColorado 2005 N/A N/A Gray Or. HU496 JID47006475C0 lWashington 2001 Homemade S/A lYellow 232UKY JID12030801C0 lColorado 1900 Homemade S/A Yellow 166UKY JID101151000L0 lColorado 2009 Load Tra 83-HD20 Black 728UKZ C 14ZECH2O2391068508 lColorado 1996 Butler 47W 1996 4KP1764 C JIBUC101OXT200SI69 (California 2006 Ditch Wi VAC Traile 4CC9199 JIDSB122RS61701628 I California 1993 ZIEMAN 1150E TWO 4AX6579 11ZCT20S2XNZP17150 California 1996 Kiefer IPTT40 lWhite CO 883 UK IlDVDP3227TA003519 lColorado 1900 C&I 500 Gal T/ Temp JOBL jArizona 1998 Fleming TD828A1824 W59811 J1F9FS2826W1025660 (Arizona 2006 CONTRAIL C12 7 TON W59845 AZ 14KNUC182461-164077 [Arizona 2007 ARGO FAB T3000 35 T IWS9846 AZ I1A9FC122X7P463002 Arizona 2000 Homemade S/A Reel T IW59847 AZ JAZ237323 Arizona 1900 Home Mad Single axl White I junknown Arizona 1995 C and B Flat Deck IId. ZH456 14JUUS1626SNO01257 Colorado 2006 Big Tex 1OLP-10 jUt.312U 116VDX102462H29238 California 1988 Homemade Single ree Yellow ICO 929ULA 11D0423527CO Colorado 2010 HAULMARK TS6X10DS2 Black 1465VBO CO 116HCB1010AU064224 Arizona 2011 Wells Ca TCF85202 lWhite IW91345 AZ I1WF200120B7038505 Arizona 1995 Traileze DL10R Brown 'Wa. 7073- 11DA12RJ03SP011635 Washington 2006 JP Unknown Black lWa. 8473V 14PSDT102061088024 Washington 2007 JP dump Black lWa.3655- 14PS06122771093761 Washington I 1 0 1 1 I -2- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-29-11 GENERAL DECISION Ni1MBERS CO20100014 AND CO20100015. HIGHWAY CONSTRUCTION General Decision No. CO20100014 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Fringe Benefits Last Hourly Mod Rate POWER EQUIPMENT OPERATORS (cont.): Crane: 1305 50 tons and under 23.82 9.22 1306 51 to 90 tons 23.97 9.22 1307 91 to 140 tons 24.12 9.22 1308 141 tons and over 24.88 9.22 Drill Operator: 1309 William MF/Watson 2500 only 23.97 9.22 Grader/Blade: 1310 Rough 23.67 9.22 1311 Finish 23.97 9.22 Loader: 1312 Barber Green, etc., 6 cubic yards and under 23.67 9.22 1313 Over 6 cubic yards 23.82 9.22 Mechanic and/or Welder (Includes heavy duty and combination mechanic and welder): 1314 Mechanic and/or Welder 26.12 9.22 1 1315 Mechanic/Welder (Heavy duty) 23.97 9.22 1316 Oiler 22.97 9.22 Power Broom: 1317 Under 70 HP 22.97 9.22 1318 70 HP and over 23.67 9.22 Roller (excluding dirt and soil compaction): 1319 Self-propelled, rubber tires under 5 tons 23.32 9.22 1320 Self-propelled, all types over 5 tons 23.67 9.22 Scraper: 1321 Single bowl under 40 cubic yards 23.82 9.22 Single bowl including pups 40 cubic yards and 1322 tandem bowls and over 23.97 9.22 1323 Trackhoe 23.82 9.22 IAddendum 2 - 7263 Downtown Conduit Backbone and Laterals Page 2 of 11 I 20031Towmaste T-18DDB 4FD3582 4KNFT20243L161301 Colorado 1990lGlenn En GE-SR3 White None 1G9CT0710CG200183 Washington 1975 Unknown Unknown Yellow Wa. 5111- J18073 Washington 1992 BL Trailer Black CO 889 IRS 189F31216NG077197 Colorado 1994 Homemade 3 Reel Tra White CO 888-RS 1D0314936CO Colorado 2008 Snowbear 4060AL Black NA 2SWUW11A68G378273 Oregon 2002 Belshie Trailer W78315AZ 116JF01420YI034284 Arizona 2004 Genie Light Plan BLUE 784TUG 5D8LC14124R001028 Colorado 1900 Kabota LA403 Orange B2630HSD51775 Colorado 1900 Case 580 SL JJG0241430 Oregon 1900 Case 580 SL JJG0271823 Oregon 1900 Case 580L Yellow JIG0325095 Washington 1900 Case S80L 1yellow JJG0151751 Washington 1900 Bobcat 322 White 517811774 Washington 1999 John Dee 310E Yellow NA T310EX880922 Colorado 2000 TCM FG10 115 Yellow NA FG10N165 1190392 Oregon 2005 Case 580 Super Yellow NA N7C426784 Colorado 2004 Bomag BW100AD-3 NA 1.01151E+11 California 2003 takeuchi Mini Excav 13513619 Arizona 2005 John Dee 310GX DROP Yellow T0310GX945312 Arizona 1996 Case 580 Super Yellow JIG0201619 Washington 2007 Case CX50B Mini Yellow CX50BN7TN81921 Washington 1995 John Dee 210C44 L Yellow T0210CE807409 Arizona 1111 Wacker RD25 Tande 5157810 Arizona 2009 Ditch Wi RT55 Orange SZ0922 California 1900 Ditch Wi Unknown 1R0008 Oregon 2010 Vermeer D24X4099 N IYellow 1VRZ19033A1000895 Arizona 1997 Sullivan No Model Ca.SE5533 C040390334443 Oregon 1996 Atlis-Co XAS900D HOL603791 Colorado 1900 Sullivan No Model D185Q5A Oregon 19931ngersol P185CWJD CO.541-H 230204UCD328 Oregon 1999 Sullvan D0210060D Or. NA 18615A Oregon 1900 Compress Unknown 1 T040S9D328719 Oregon 1990 Atlas Co Unknown Yellow YA31347094 Oregon 2006 Atlas Co 185 Brown TEMP 4500A10196R015358 Arizona 1995 Ingersol P185WJD Tan Truck 665 262086UBG327 Washington 19931ngersol P185CWJD White NONE 1222341UAD328 Washington 1999 Sullivan D18SOSA White Wa. 9828T 132635 Washington 1900 LeroiOr 1851 3119X1254 Oregon 1900 Ingersol Unknown 006 -18- 7294 Oregon 2009 Allmand 2200-APF 174TIH 0101AB09 CO Colorado 2009 KIT 94564 Por 737 UKZ IDTL015861AA Colorado 2001 Wanco Arrow Boar Orange SF11S101811000805 California 20041 ATLAS CO XAS96185 1450OA06144HOO8306 jArizona I i I I I I I I I I I i I I 0 I i I i I I I i i I 2004 ATLAS CO XAS97 185 450OA10104HO108S8 Arizona 1900 Sullair 185CFM 4140183 Colorado 2005 Genie TML/4000 Blue 790TUG C TML051078 Colorado 2005 Genie TML-4000 Blue CO473SP TML051584 Colorado 2005 Genie TML-4000 Blue CO474SP TML05120 Colorado 2000 ATLAS CO XAS96 YELLOW 1450OA0617YH610638 Arizona 2003 Sullair 185DPQ Green 141114 Arizona 2001 Pettibon T8044 Yellow NA 2043 Colorado 1900 Bobcat 763 White 512243157 Washington 2008 JOHN DEE GATOR4x4 GREEN MOXUVGX010446 Colorado 2005 YAMAHA Bruin 350 SY4AH09Y45AO17737 Arizona 2008 JOHN DEE GATOR 580D GREEN IMOXUVDX011665 Arizona 1900 Ditch Wi 100SX Orange NA 4P0419 Oregon 1900 Case Maxi Sneak JAF0226659 Oregon 1900 Case Maxi Sneak JAF0200111 Oregon 1900 Ditch Wi 1020 1P1272 Oregon 1900 Caterpil GC18 Yellow Serf) 3EM-00135 Washington 1995 John Dee 3100 iYellow CO 461 SP T031ODG807058 Colorado 1900 Caterpil DP30K Yellow AT14C35552 Washington 1900 Ingersol No Model WA. 1578- 18615A Oregon 1993 Sullair 185CWJD Ca. SE539 4140960 California 1988 Air Powe Unknown Truck mou CE11981 Washington 19921ngersol P185CWJD Tan Ground 21458OUIB328 Washington 1900 MI-TI Unknown Truck mou Washington 1900 Ingersol Unknown Truck mou Washington 1990 Sullair 125 PQ--TO Truck mou 004-104949 Oregon 1900 Ingersol Unknown Oregon 1900 Ingersol Unknown CD4U450500896 Oregon 1900 Ingersol Unknown None CD4039D111974 loregon 1992 Ingersol P185 CWJD Truck mou 214565UIB328 lWashington 1900 Belshe Unknown HU 57309 161F01424W1031739 10regon 2004 Asmbl Small Equi Black U354850 OR7033 joregon 2001 Kiefer Pipe Trail W35326 A 1DVDC182XIA007102 jArizona 1900 HOMEM Reel W9S397 AZ ID12026722C0 jArizona 1900 Tubro Unknown HP8392 W6420 joregon 2000 Hiatt Unknown U286729 11180014UTL 10regon Big Tex Little Til Black 16VLX0810TPA8068S joregon 1900 Snowbear Small Flat Black NA NA0000 joregon 2001 WW Enclosed White 925ULACO 11WEC14251W261140 IColorado 1 2001 Loftin Carrier Ca. 1XC87 11WEC14251W261138 jCalifornia j 1900 Intersta Flat Deck None Z9AU1010XL104001 jUtah 1900 Belshe DB-18 4FM2847 161F02034V1030559 jCalifornia j 1900 Unknown Unknown None jColorado j 1900 Unknown Unknown None jColorado j t 1900 Unknown Unknown None Colorado 1900 Unknown Unknown None Utah 1900 Terradyn Hydraulic Orange None 1T9BR1310YB648005 Washington 1900 Unknown Unknown None Utah 1900 Intersta Unknown Gray 4FM284S IJKODT206YA000998 Washington 1999 Built Ri Pac West White Ca. 1HG99 Washington 1900 Intersta Pac West White Wa. 0082 4RACS12251N012352 Washington 1900 Built Ri Pac West White Wa.0080- 1B9B12208W1031246 Washington 1900 Mac -Land Unknown Co. 700- 1VRT170S9Y1000780 Oregon 1900 Contrail Unknown IBrick Wa.1252U 4KNFC192XWL162096 Washington 1987 Intersta 3 Reel Gray Wa.5336 1JKOBS207HA060014 Washington 1900 Butler Unknown Orange None 1H9FSOS131B245048 Washington 1900 Trail BI Unknown White Wa. 0100- 1E9BC12171F290022 Washington 1900 Baker Reel trail White Wa.9827T 553052 Washington 19991nterpip 500Gal. White wrong# 695818 Washington 2001 Arrow Bo MDL Orange None OOO1B458SHE252BS Washington 1900 Tack Oil 150 Gal. None California 1900 Unknown Hydraulic None Colorado 1900 Unknown Unknown Black None Utah 1995 Traileze Equipment Brown W59812 1DA12RJ49SP011894 Arizona 1900 Ditch Wi S2A Or. U2452 Utah 1900 Ditch Wi S2A Utah 1900 Ditch Wi 2720 Drill 2T2185 California 1900 Built-Ri Unknown I Ca. 1JM22 1B9B12203X1031334 Oregon 1900 TSElnte DPT 30B Orange Co.198-VB 1T92S0627PS268287 Colorado 2000 Ford F-250 White Wa. B1062 1FTNX21S1YEC08562 Washington 1997 Chevy 2500 White Wa. B1061 1GCGC24R2VE132987 Washington 2001 Ford E-250 White CO432UUC 1FTNS24L31HB06641 Colorado 1999 Ford E-250 White Ut.949-U 1FTNE24LSXHA96SS1 Colorado 2000 Ford F-450 White Or. TS334 11FDXF46S9YED89972 Oregon 2001 Freightl FL70 White CO 298 FI 1FVABSAL51HH98377 Colorado 2001 Freightl FL70 White CO 299 FI 1FV3HJAC8YHG51370 Colorado 1999 Freightl FL70 White 8Y54322 1FV3HJAC8XHF32247 California 2000 Ford F-450 White Wa. B7156 1FDXW47FXYED74429 Washington 2000 Ford F-450 White Wa. B71S6 1FDXWA7F4YED74460 Washington 2000 Ford F-4SO White Wa. B1072 1FDXF46F2YEC96472 Washington 2000 Ford F-550 White Wa. B1071 1FDAF56F8YED11214 Washington 2000 Ford F-650 White Or. TS689 3FDNF652XYMA65699 Washington 1997 Ford E-350 White Or. 6S6 D 1FTJE34L2VHB19947 lCalifornia 2002 Ditch Wi JT 920 2W0946 10regon 2000 Ditch Wi JT 920 12T2625 10regon 1999 Ditch Wi JT 920 L 258459 joregon 19991 Ditch Wi JT 520 2T0284 joregon 1998 Veermer 24 x 40 IYellow 1VRS160ZOW1000591 jArizona I 1 J I I I I I 11 I [1 I I I i 11 1 1 1 I 1 1 1 1 11 I 1 1900 Veermer 1620A 1VRT17059Y1000766 California 1900 Ditch Wi 1T 1720 253747 Oregon 1990 Internat 4700 White CG20781 1HTSCZWPXLH258432 Arizona 1996 Ford F -450 SO White CG31797 A 1FDLF47G9TEA76017 Arizona 1994 Chevy Topkick White 063 VBI 1GDJ7H1P4RJ514463 Colorado 1993 Internat 4900 White Ca. 7U137 1HTSDPPNXPH505615 Oregon 1996 Ford Ranger XLT White Ut. 063 U 1FTCR10ASTUA63187 Utah Kenco Ba KL9000 6-9 NA NA NA Colorado 1900 Hammer Rock Hamme ? 25BDD0080 Oregon 1900 Rammer SRV70 Gas ?? 204481 Oregon 1900 Rammer SRV70 Gas ?? 405734 Oregon 2008 Stihl BT45WBD Ga 276363510 Oregon 2008 Stihl MS290-20 277375353 Oregon 2008 Stihl TS400-14 166562275 Oregon 2008 Stihl ST400-14 166562425 Oregon 2008 Stihl TS400-145 NA 167715338 Oregon 2008 Stihl TS400-14 NA 167715625 Oregon 2009 Stihl BT45WBW lWhite NA 278422327 Oregon 2009 Stihl BT45WBD White NA 276716665 Oregon 2008 Stihl ZSTBT45WBD White - NA 275624362 Oregon 2009 Stilh ZSTBT45WBD White NA 278422937 Oregon 2009 Stilh ZSTBT45WBD White NA 278422950 Oregon 2009 Stihl ZSTBT45WBD White NA 276995792 Oregon 2008 Weber ZWESRV62 NA 509050 Oregon 2009 MK Diamo MK 4018 D NA 9999 California 1900 Multiqui SP213H2O NA AL0305965 Oregon 1900 Bobcat 72 in. NA 783715249 Colorado 1900 Wacker BS600 NA 5074533 Oregon 2009 Easy-Cle Magnum 400 Red NA 7696 Arizona 2003 BTI TB 135ME NA NA 1 Colorado 2009 Stihl SZTTS420-1 Orange White NA ZSTTS420-14 Oregon 2009 Husqvarn 4024TF270 Orange NA PE4024T143620 California 2010 CBS Cable Blow CBS-0216 Colorado 2005 Target Porta cut I White Temp 430031 Arizona 2009 Ditch Wi 1540H Saw A Orange/Black CMWH540XC70000047 California 2007 Miller I Bobcat 225 IBlue KA829971 lColorado I No Text Tetra TechCSl to EXPERIENCE Tetra Tech Construction Services, Inc. has a large resume of completed projects in our areas of expertise. Below is diverse sample of on -going and completed projects constructed by TtCSI, followed by specific projects which are described in detail and include customer contact information for references. Many more references are available upon request. LL. r Y . -�y *. $4,500,000 04/11- Telecommunications outside plant Delivering Wyoming Silver Star Telephone Opportunities Investing Company, Inc. Ongoing in Rural Wyoming RUS Funded Broadband (Teton Pass Runway Guard Lights Denver, CO City and County of $6,300,000 08/09- Replace all in -pavement stop bar lighting fixtures with and Fiber Optic Celle Denver On -going dual stop bar/RGL fixtures, replace runway fiber optic Improvements cabling, upgrade runways 8 8 25 stop bars to 'Controllable Stop Bars'. Engineering/ Planning SL Louis, MO AT&T -MT $100,000 Ongoing Support ATBTs engineering efforts at various sites In Services the St Louis metropolitan area Port of long Beach Long Beach, Pat of Long Beach $13,000,000 10/08- Design and Construction (08) of a private fiber optic. CA Ongoing network creating a seared network for POLB including weigh -in -motion, TS, video cameras, eta funded by the artment of Homeland Security. Verizon Single Source Seattle, WA Verizon $40,000,000 1997-2002 Annual maintenance and on -call construction services Provider and for the State of Washington Maintenance Contract Verizon Fiber -to -the- Portland, OR Verizon $120.000,000 2006-2010 Vedzon'sWlmarycontractor for the Installation ofVedzon's Home Network Seattle. WA (on -going) IighhringdastROSvoice and data services. Responsible including Voice and for new construction, botli aerial and underground. splicing, Data Services testing and records management Aerial Rebcetion Seattle, WA Badentos $19,000 00008 Constructed intersection aerial relocation. Aerial / Underground Bellevue, WA City of Bellevue $1,200,000 Winter 2005 Design, engineering and construction of the fitter optic Fiber Optic Installation intranet. Transmission Relocate Fort Collins, City of Fort Collins $2,115,772 12/2005 Replaced underground power feeds for conduits. CO Intersection Loveland, CO City of Loveland, Public $281,053 09/2008 Construction of signage, weather stations, city fiber Improvements Works, Traffic Division optic network Interchange signals, and light civil works. Fiber Optic Network and Frisco to Vail, Colorado Department of $5,300,000 05108-11/08 Construct ITS and fiber optic network system, placing ITS CO Transportation multPleconduits along 24mile sofinterstate 70 shoulder, a challenging rate with heavy rock trenching, sensitive environmental areas, and multiple elevated sections whereby engineered hanger systems were developed to suspend a conduit pathway, 1-70 West Variable Silverthaoeto Colorado Department of $875,000 05/09.10109 Variable speed limit installation for MP 205 - MP 224 east Speed Limit Plot Bakerville, CO Transportation and west bound 1.70. Program Installation of ICG Area Denver, CO ICG $1,995,248 12/2005 Constructed long haul fiber/metropolitan ring. Fiber Routes (acquired by Level 3 Micro -Wave Radio King County, King County School $1,760,394 05/2006 Constructed telecommunications systems providing Tower CA District fiber to the schools. Aerial/Underground Bolhet,WA NorthshoreSchool $1,000.000 Winter2005 Construct Internet system providing fiber to the schools. Fiber OpticInstallation District j Fiber Optic Network Salt Lake City, Divest Communications $500,000 Ongoing Tumkey services In support of Owest Communications System Upgrade UT ( upgrading trek fiber optic network system. I I 8 i Tetra TechCSI 0 EXPERIENCE 7F,iberOpUcelwork Keams, UT Qwest Services. $286,763' 08/2008 Installation of a fiber optic distribution feeder cable to Corporation - SBGCM the Department of Workforce Services in Kearns, UT es rtof Ow--'-Fiberpticetwork Lehi, UT Quest Services $148.610 0612008 Installation of a Fiber Optic 7backbone from Alpine to maintenance I Corpbratien - SBGCM the Divest CO In Lehl, a vital piece of Owest's Rber•To- construction. The -Node FNed Fiber Optic Network Onem, UT Owest Services $33.350 0412008 Installation of a fiber optic dis6nbu6on feeder cable to maintenance / Corporation -SBGCM serve an apartment complex across horn Utah Valley constiuction University, part of Owesfs Fiber-To-Tha•Node (FTTN) misceianeeus Project Quest Splicing Services Utah Owest Splicing $200.000 0312009 Splicing and testing services for Dwesfs Fiber -To -The. for the Owest Local Services, Utah Node (MN) pro)ect for the State of Utah. Network Construction Services slatewiae Aerial Rekxation Seattle. WA Sellan Construction $60,000 0812008 Constructed intersection aerial relocations. Aerial/Underground Snoquafmie, SnoqualmaSchool $800,000 Fall2005 Constructed right fiber to the schools. Fiber Optictnstaila8on WA District Road Boring Federal Way, Twin Lakes Golf Club $40,000 0912008 Constructed irrigation water4we for the golf course. WA UTOPIA Utah Utah $58,000,000 2004-2008 Turnkey operations in deploying a hoer optic network to Telecommunications every business and household in its member Operi Infrastructure communities In an FTTH municipal network Project $19,300,000 Agency RUS Funded included panning, designing and constructing this new fiber optic network covering 1,352 miles. Vedzon Fiber -to -the. Portland, OR Vedzon $120,000,000 2005-2010 Ver¢an's primary contractor for the Installation of VerirWs home Nehmkincluding Searle, WA (on -going) 6ghtnirtlestFOSvoice and date services. Responsible Voice and Data for new catstruclim both aetiai and underground, spicing Services Ws&q and retards mina errant. Aerial 8 UG Conversion Kaidand, WA Verizon Business $100,000 082008. Constructed business Intemetsystems. 2010 on oln ' Aerial Relocation Seattle, WA Weiss Jenkins $60,000 082008 Constructed Intersection sedel relocations. Properdas ITS and Fiber Optic VaA, CO Town of VA CO $900,000 09108-06/09 Construct 5 miss of ITS and fiber optic network Network systems, placing multiple conduits along 24 miles of Interstate 70 shoulder, a challenging route whit heavy rock hend6ng, sensitive environmental areas, and multiple elevated sections whereby engineered hanger systems were developed to suspend a conduit pathmy. Aurora Public Schools Aurora, CO Unite Private Networks $1.400,000 05I09-12109 Constructed a path creation for fiber optic wide area Network network AN connecting 38 schools. Variable Speed Signs 1.70 West of COOT $850,000 07/09.11109 Construct variable speed signs along 1.70 including Denver, CO electrical and fiber optic Integration.' ITS Devices 1•70 West of COOT $400,000 08109.11/09 Construct variable speed signs and cameras along 1.70 Deaver, CO including electrical, and fiber optic integration. Intersection Deaver, CO COOT $200,000 08109-10109 Construction of signage, weather stations, city fiber Impnovernents optic network, Interchange signals, and Nht civil works. Annual Signal Aurora, CO City of Aurora $600,000 08N9-08/10 Construction of sfgnage, weather stations, city fiber Maintenance Contract Optic network, Interchange signals, and light civil works. GTE Single Source Seattle, WA GTE $40.000.000 1997.2002 Annual maintenance and or tali construction services Provider and for the State of Washington. Maintenance Contract McClellan Long Ponds Sacramento, McClellan Business $500.000 1 11106-02/07 ' Site and civil works to remediate sealing ponds in a CA Park commercial business park i, i n i i I i 1 1 I I The Colorado Department of Transportation (CDOT) is continuously Improving Its fiber optic network system In Colorado. The 24-mile fiber optic project for the Colorado Department of Transportation was completed on time, on budget and safely. The project encompassed roadway shoulder trenching, boring and bridge attachments to place multiple conduits along the westbound shoulder of Interstate 70, from Frisco, CO, to Vail, CO. The route was challenging with heavy rock trenching and sensitive environmental areas. Included In the route were multiple elevated sections of roadwaywhereby engineered hanger systems were developed to suspend a conduit pathway. An Tetra Tech CSI 0 PROJECT EXPERIENCE extension has been funded by the Town of Vail for a continuation of five additional miles of pathway and fiber connectivity. The project further enhanced CDOT's Intelligent transportation system providing anew fiber optic backbone and numerous ITS elements including: • Travel time Indicator • CCTV cameras • Microwave vehicle radar detectors • Integration Into the existing Infrastructure Project Value $5.300.000 Reference Colorado Department of Transportation Dave Judy, ITS Project Manager 425C Corporate Circle Golden, Colorado 80401 303-880.0784 dave.judy@dot.state.co.us PERFORMANCE HIGHLIGHTS • Duration: 2008 to 2009 • 12"-24" trench depth, 3 conduits and full concrete encasement • 10,000' existing structure attachment, design and Install 6" rigid conduit on bridges • Hundreds of vault placements, 24 miles of 144 count fiber cable installed, with numerous lateral tie -Ins with device Installation, fiber splicing and system Integration • Major safety and environmental concerns Including ROW restoration; re -vegetation, paving and shoulder grading • Complete material management and procurement • Design/bulld of a node building I I I i The Port of Long Beach selected the Tetra Tech Construction Services, Inc. (TtCSI) team to design and Install a Fiber Optic Network (FON) using the leading edge of technology (air -blown fiber), which has been deployed throughout the Port's complex. The FON "backbone" serves as the primary Infrastructure for designated POLB security personnel, first responders and regional stakeholders to rapidly communicate and share security related data. The network backbone supports 10 Gigabit Ethernet. Design and construction of the first two phases has been completed. These phases include connections to the Fiber Optic Network on Piers F, G, D, and In the City of Long Beach. TtCSI is currently constructing Phase 3 and designing Phase 4. TtCSI designed a secure integrated, reliable, future proof and scalable FON to Port standards. The construction of the FON is governed by the team's goal of providing a quality network which is reliable, tamper proof and complies with Green Port Standards. TtCSI Implemented a t project design approach that included office and as r field design prior to construction to reduce costs and prevent delays during the construction phase. The team Is able to react quickly to unknown field conditions. Tetra Tech CSI ® PROJECT EXPERIENCE ' Throughout the design and construction of the 30-mile network, TtCSI is in direct coordination with major tenants and stakeholders such as LBCT, SSA, Metro Ports, ITS, CUT, TTI, Customs and Border Protection, Coast Guard, Long Beach Fire Department, and the Long Beach Police Department. TtCSI's customer - oriented approach ensures that terminal operations have not been disrupted. Project Value $13.000.000 Reference Port of Long Beach Security Division Mike McMullen / Mitch Brown 1249 Pier F Long Beach, CA 90802 525-901-1775 / 562-481-9163 11 I 1 1 The Utah Telecommunication Open Infrastructure Agency (UTOPIA) Is a consortium of Utah cities engaged In deploying and operating a fiber optic network to every business and household in Its member communities in one of the first MH municipal network projects of Its kind. The Utopia Community Metro Net Is open to multiple service providers to offer Innovative services to citizens In the UTOPIA cities. These services Include ultra broadband Internet access, high definition TV, video on demand, community and education services, telework, telemedicine, video conferencing and Internet -based telephone service. Tetra Tech Construction Services, Inc. (TtCSI) was the prime contractor, placing the infrastructure and splicing fiber optic cables that allow homes and businesses to be connected to the UTOPIA network. TtCSI provided UTOPIA with turnkey services Including engineering (field engineering, design and CADD), permitting, right of way acquisition and full construction services for the first fiber to the home network construction project of its kind In the nation. Tetra Tech CSI ■ PROJECT EXPERIENCE TtCSI placed 1,352 miles of fiber optic cable and passed 55,000 homes for the UTOPIA project. Construction elements included major trenching and excavation, directional boring, aerial fiber cable Installation, fiber cable pulling/lashing In new and existing pathways, placement of cabinets and hubs, splicing and testing. Project Value $58,000,000 References Kilt Sudweeks Utah Telecommunications Open Infrastructure Agency 2175 South Redwood Road West Valley City, Utah 84120 801.990-5450 503-620-8202 ext. 8840 n 0 -3- ' U.S. DEPT. OF LABOR, DAMS BACON MINIMUM WAGES, COLORADO DATE 07-29-11 GENERAL DECISION NUMBERS CO20100014 AND CO20100015, HIGHWAY CONSTRUCTION General Decision No. CO20100014 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Fringe Benefits Last Hourly Mod Rate Laborers: Asphalt Laborer/Raker, Common Laborer, 1400 and Concrete Laborer/Mason Tender 18.68 6.78 General Decision No. CO20100014 The wage and fringe benefits listed below do not reflect collectively bargained rates. 1500 Bricklayers 15.55 2.85 Carpenters: 1600 Form Work (Excluding curbs and gutters) 16.54 3.90 1601 All other work 16.61 3.88 1700 Concrete Finishers/Cement Masons 16.05 3.00 Ironworkers: 1900 Reinforcing 16.69 5.45 1901 Bridge Rail (Excludes guardrail) 18.22 6.01 Laborers: 2001 Fence Erector (Includes fencing on bridges) 13.02 3.20 2002 Form Work (Curbs and gutters only) 11.85 3.45 2003 Guardrail Erector (Excludes bridgerail) 12.89 3.20 2004 Landscape and Irrigation Laborer 12.26 3.16 2005 Pipelayer 13.55 2.41 2006 Striping Laborer (Pre -form layout and removal of 12.62 3.21 pavement markings) 2007 Traffic Director/Flagger 9.55 3.05 Traffic and Sign Laborer (Sets up barricades and 2008 cones, 12.43 3.22 and installs permanent signs) PAINTERS 2100 Brush 16.94 2.10 2101 Spray 16.99 2.87 POWER EQUIPMENT OPERATORS: 2200 Backhoes 16.54 4.24 2201 Bobcat/Skid Loader 15.37 4.28 2202 Concrete Pump Operator 16.52 4.30 Addendum 2 - 7263 Downtown Conduit Backbone and Laterals Page 3 of 11 ' I Tetra Tech Construction Services, Inc. has worked as a primary contractor for Verizon new construction and upgrades for the entire west coast for many years. We presently employ a staff of 76 construction personnel. Our responsibilities include new construction, both aerial and underground, drop placement, splicing, testing and records management. Tetra Tech has placed over 1400 miles of aerial and underground Infrastructure and placed drops to customer homes and businesses for Verizon's FiOS project In Washington, Oregon and California. Since the project began in 2005, over 650,000 feet of conduit, 1.5 million feet of fiber, and 8,500 fiber drops have been placed providing lightning -fast Verizon FIOS voice and data services, passing over25,000 marketable homes with cable. Construction elements Included self -performance of major trenching and excavation, directional boring, aerial fiber cable Installation, fiber cable pulling In new and existing pathways, retrofit construction and deployment of ClearCurve drop cable to serve Multi - Tenant Dwellings (MDU/MTU), splicing and testing, all project management, procurement, permitting and documentation. Tetra Tech CSI u PROJECT EXPERIENCE ' Project Value $120,000,000 Reference Verizon Communications Wally Riggs SW Burnham Tigard, OR 97233 503.620-8202 ext. 8840 1 1 1 1 1 1 1 1 1 1 1 0 H 1 1 i 1 1 Experience Summary Don Swayne is a seasoned ITS/communications/utilities Operations Manager with 24 years of experience constructing complex Utility Networks in urban and rural communities. He is a specialist in "value added" contracting services providing leadership in design/build arenas. Don is proficient in cost estimating, fiber optic routing, transportation devices and infrastructure, constructability, field engineering, project tracking and verification, subcontractor management, cost analysis and project management. He is an instructor for various training requirements in the utility industry including: NESC aerial construction, fall protection, FA and CPR, trench and shoring safety, confined space entry and PPE. Qualifications and Training • Trainer for broadband coaxial splicing, HFC networks, activation and signal level adjustments for CATV applications. Member SCTE (Society of Cable Telecommunications Engineers) • Instructor: Medic First Aid/American Red Cross, First Aid/CPR • Certifications in DOT flagging, trench and shoring, pole climbing, and confined space • Numerous project management training seminars • Colorado Contractors Association conferences • Contract training including Estimating/Bidding seminars Professional Associations • Societyof Cable Telecommunications Engineers Relevant Experience Operations Manager. Developed a business unit to serve Colorado and the South Western US region. Developed all levels of staff and equipment to service new contracts. Utilized long-term relationships with subcontractors to further enhance project successes. Tetra Tech CSI N STAFF EXPERIENCE General Manager. Developed a business unit to serve Colorado Springs and the Southern Colorado region. Served as Estimator and Manager for special projects, including Verizon Business, Comcast, United Networks, Cardinal Broadband, XO Communications and school districts. Senior Project Manager. Developed and maintained Western Colorado operations to service the needs of numerous clients in the region. Developed a project delivery team for Qwest, TCI, AT&T and Comcast Contracts: Colorado Region where in he delivered contract values of over $40 million dollars of revenue. Implemented technology for crews and client efficiencies, including deployment of field tablets for the electronic data transfers for maps, as -builds and other required data. Also developed a "real time" interactive, web - based database to manage client inventories, issuances, receiving and inventory levels. Other valued clients: Qwest, City of Grand Junction Traffic Department, Vail Resorts, Shell Frontier Gas and Oil, Town of Aspen, COOT, Bresnan Communications and numerous private developers. Project Manager. Assigned to Greeley, Boise, and Pueblo sites to bring contracts in on time and under budget. Increased revenues by 75%at each of three urban project locations in two states by improving efficiency, crew motivation, policy enforcement, offering incentives/rewards with emphasis on teamwork. Supervised and managed new site projects involving up to three offices/projects at the division level including US West General Contract and TCI Rebuilds. Managed two major projects as a project manager; Mail Line Open-end Maintenance Project on Navajo Indian Reservation in Window Rocks, Arizona. Achieved 100% Navajo staffing to complete this project in compliance with sovereign nation regulations. Scope included the installation of telephone service using pole setting, aerial and underground methods over 28,000 square miles in addition to 105 miles of fiber in 7 weeks with one 12-man crew. Supervised telephone splicing and cutovers, completed US 1 planning and executing work procedures, interpreting specifications and coordinating various phases of construction. Foreman. Directed activities of workers. Inspected work in progress to ensure that work conformed to specifications and adherence to work schedule. Conducted dailytailboard briefings. Constructed traffic signal and lighting systems per blueprint, standard construction and owner specifications. Procured construction material from various vendors. Daily reporting of project accomplishments and / or delays and the factors associated with each task or phase of work. Maintained accountability of all material, tools and equipment. Technician Apprentice. Performed all traffic signal construction assignments under the direction of crew foreman including supervision and training of unskilled personnel. Trained and certified to operate construction equipment as required including trencher digger derrick, truck mounted crane and others. Fulfilled reporting necessary for excavation, trenching and confined spaces. Built signal and lighting systems per blueprints, specification and construction standards setforth by the owner of their representatives. Bought into the safety culture necessary to ascertain a long life, successful career and the well-being of fellow teammates. 1 Tetra Tech CSI ■ STAFF EXPERIENCE ' I 0 L I U I Experience Summary Paul Dekker Is experienced In all phases of OSP fiber optic system construction. He has over 25 years of progressive experience with aerial and underground telecommunications construction. Paul Is proficient In planning, budgeting, coordinating, and scheduling small to large telecommunication projects. Education and Training • Certiflcatlon In Fiber Optic Communications, University of Arizona • Bachelor of Science In Business Management, University of Colorado at Colorado Springs Relevant Experience Operations Manager. Responsible for total project operations to Include office setup and management. Develop new and maintain existing relationships with customers. General Manager. Managed all of Colorado Operations telecom construction projects. Project Manager. Managed and coordinated all aerial and underground construction, splicing, and activation of numerous CAN systems and fiber optic projects. Obtained permits for construction through city, county, and state departments. Tracked daily production levels, costs, and various job activities. Notable Projects Wide Open West Hybrid Telecommunications System. Successfully completed the construction of a 60 mile Hybrid Telecommunications system in Lakewood, CO. Denver International Fiber Optic Telecommunication System Upgrade. Project Manager. Managed the Installation of new fiber and electronic equipment required to upgrade the existing fiber network Tetra Tech CSI 0 STAFF EXPERIENCE serving Denver International Airport. Responsibilities Included project management, security clearance coordination, and all associated material submittals. Salt Lake City, Utah to New Orleans, Louisiana Fiber Install. Construction Manager. Constructed 1400 mile, 3-way duct system thru numerous states to accommodate a new fiber system from Salt Lake City, UT to New Orleans, LA. Project. Involved plowing, trenching, boring, and flber Installation. Portland Fiber Optic Sonet Network System. Construction Manager/Engineer. Engineered and managed construction of a 40 mile Sonet Network System for Teleport Communications Group In Portland, OR. Installation involved both aerial and underground construction In rural, suburban, and metro areas. Teleport Communications Sonet Network, Denver, Colorado. Constructed an 80 mile TCG fiber optic ring In the Denver area. Performed all aspects of construction to Include both aerial and underground work as well as numerous building entrances. I Experience Summary Mr. Delaroy has been responsible for supervising teams of employees and instructing apprentices since 1992. He has also taught fiber optic classes in Montana and IMSA classes for the NJATC in Ohio and Michigan as well as at the NTI. He is well -versed in testing traffic signal and ITS communications equipment; integrating equipment into the various sub- systems, maintaining and troubleshooting of ITS sub- systems, ramp meter signals and traffic signals. Education and Training • NTI in 1998 • IMSA Level I, 1988 • IMSA Level II 1988 • IMSA Level III Traf fic Signal Technician, 1994 • IMSA Level III Traffic Signal Electrician, 2004 • IMSA Level I, II, III Administrator, 2004 Professional Associations • IMSA Member since 1992 • IBEW Local 111 Member since 1990 Relevant Experience Project Manager. ITSand Traffic projects. Duties include initialjob set-up, scheduling, material procurement, sub- contractor coordination, job budgets and customer relations. General Forman 1. Managed and organized daily operations in the traffic signal department. Supervised 30+ journeyman, apprentices, operators and groundmen. Certified Apprenticeship Instructor, Traffic Signal. Developed and taught third year traffic signal apprenticeship classes since 1992, created the curriculum for the program, which has since been adopted for the national traffic signal program. Served on Traffic Signal Subcommittee. Tetra Tech CSI ■ STAFF EXPERIENCE TREX Project, 2001-2006. This project was a seventeen mile. $1.5 billion highway improvement project adding a light rail system and an ITS network to the south Denver metro area. Over the six -year period, helped build and maintain thirty-one temporary and thirty new trafficsignals, eighteen temporary and twenty-five new ramp meter signals and one hundred forty three vehicle count stations. Integrated fiber optic communications to all of the ITS devices. NJATC, 2005-present. Developed traffic signal curricula for a national program from a neutral point of view where no national standards exist. Interlocken, 1998 -2000. Originally a $300,000 project, spanning one and a half years and totaled $1.3 million. The project included three traffic signals, lighting for highway/bridge, a pedestrian tunnel, decorative lighting and parking lot lighting. CDOT ITS Fiber Optic Backbone,1998. Managed this project, which included building a five and a half mile fiber optic backbone for CDOT along US 36. The backbone connected various ITS devices such as video cameras, VMS signs, HOV control gates and traffic monitoring equipment. Installation of a node building and assembled the equipment inside. 17 th Street Lighting and Traffic Signals, 1996-1998. This project lasted a year and a half which included ten rebuilt traffic signals and street lighting for a nine block portion of 17th street in downtown Denver (a job with a great amount of public exposure and very political). Speer Boulevard Traffic Signals,199J.-1992. This project lasted a little over a year and included rebuilding thirty traffic signals. Thisjob also had a great deal of public exposure and was very political. 0 0 Experience Summary Ken has over twenty years of fiber optic network construction experience specifically in fiber optic routing, outside plant and building entries, construction techniques, engineering, project tracking and verification, subcontract management, cost analysis, cost estimating and project management. Education • Associates in Information Technology, University of Phoenix • National Cable Television Institute • US Army, Infantry School at Ft. Benning Ga. Awards • Good Conduct Medal • National Defense Service Medal • Overseas Service Medal Qualifications and Training • Confined Space Certified • QA —QC Airfield Fiber Optic Cable and Inner duct Installation • SCTE Member Lineman —Splicer. Skilled in the construction specifications of overhead coaxial construction and fiber optics. Learned to read design, schematics and splicing of electronics. Duties included splicing and activation of coax electronics and optimizing of the fiber optic nodes. I traveled to several projects in Oregon and Nevada including Carson City, South Lake Tahoe, Reno and Sparks. Lineman. Acquired the skills, as an apprentice lineman, to ascend and descend utility pales, usage of the tools and equipment to place poles and rework new poles to the existing lines and clearance and specifications of overhead pole attachment. Project Manager. Successfully managed several fiber optic upgrades and rebuilds for AT&T. Completed multiple upgrade Tetra Tech CSI a STAFF EXPERIENCE projects in Westminster, Arvada, Thornton and Norlhglenn. During the Northglenn Upgrade project, approximately a 350-mile project, we upgraded 90 AC, fiber fed duel hybrid system capable of carrying a variety of services including video, high-speed data and telephone services. Project Manager on the Phase-2 runway lighting fiber upgrade project at Denver International Airport. The project involved re - splicing of the fiber optics while documenting fiber routing for the airfield lighting system. Coordinated construction with ground operations, technical operations and the individual airlines for a safe, successful and on -time turn over to the customer. Project Manager on several wide area network projects to construct fiber to the school projects for a variety of private fiber operators. Notable Projects DIA Lighting. Runway guard lights and fiber optic cable improvements. Re — splice the sixty miles of lighting fiber optic MM cable. DIA Runway Lighting and Fiber Optic Cable Improvements. This project varied from the first DIA fiber project; Responsible for upgrading the fiber from a MM fiber to a SM fiber, splicing and testing of the fiber optic cable. Upgrading the existing airfield lighting system to include the electronics and changing the in pavement light fixtures. This project is very specialized with hardware and software modifications so that the runway devices and the tower can communicate during adverse weather conditions. Northglenn and Thornton Fiber Upgrade. Approximate 350- mile project, upgraded 90 AC; fiber fed dual hybrid system cable of carrying a variety of services including video, high speed data and telephone service. Adams 12 School District. Upgrade school fiber network, 25- mile W.de Area Network (WAN). Verizon. Project Supervisor on fiber to home projects In both Portland and Seattle. I n 0 Tetra Tech CSI 17 Over the past year Tetra Tech, Inc. (Tt) delivered strong performance, with $2.2 billion In revenue, which generated $1.24 In diluted earnings per share (EFIS). For the first time, Tt exceeded a worldwide workforce of 12,000, and we set a new record for net revenue of $1.5 billion and operating Income of $124 million. Tt has established It's presence as a multinational company with a base of operations across the U.S. and Canada, and worked on projects that reached more than 100 countries on six continents. Tt completed fiscal year 2010 with a record backlog of $1.85 billion, up more than 17% from last year, and generated operating cash of $107 million. Tt has more than $11 billion In contract capacity and a single project bonding capacity In the $250 million to $750 million range. With Tt's current financial position and construction expertise we have every confidence In our ability to undertake and manage any project to a successful completion. TE'I KA TECII. INC. Consolidator) Balance Shaa4., lin IhomainN, em'ept Par solos) October A SaRtemher 27, 211111 20(19 ASSETS CURRENT ASSETS: Cash and cash csluivalcnts................................................................. S 220.WJ S 90,185 AGmwm remivaNG-ner........................................................... 566,642 506.316 Prepaid a5lrnses and otbcr Gurrcnt nsscls.............................................. 40.889 55.167 hacntnG U,ats «n•,vahk.................................................................... 7,249 5.222 Total Carrcnt u%sets....................................................................... 844.713 h55,hs)0 PROPERTY AND EQUIPMENT: Land and huildings......................................................................... I L707 10.555 Equipment. furniture and firmrcx........................................................ 145.210 126.249 Leasehold in,lnr,,..acnts................................................................... 18.104 11.740 Tn;d........................................................................................ 17S.021 150.544 Accauuulatcd dcPreciation and ntnottization............................................ 10.618) (79,6t6) PROPERTY AND EQUIPMENT -NET ............................................ 79 18J 70.u28 GOODWILL................................................................................... i14.4_s2 319.685 INTANGIBLE ASSETS-NET.............................................................. 45.995 33.769 OTHER ASSETS.............................................................................. 17.176 17,633 TOTAL ASSETS............................................................................... SI.3v1.689 31.tT)7,905 LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LIABILITIES: Accounts Pu)•ahk............................................................................ S 166.450 S 149.352 Aectucd cunq,ens:uion..................................................................... 91,24 1 8&793 Billinws in cssttss of Gosh on uncon,t`IetrJ cuntracts.................................. 85.221 M5,162 Dcf,tmd inoonw ra[Gs........... .............. ........._...... .-...................... 21.851 9,645 Ctnrcnt Portion of lung -teen debt ....................................................... 5.002 4,320 Oth<, Gne,cot liabilities.................................................................... 101.260 74,964 Tonal current flab;litics................................................................... 47.1.017 4.12.216 DEFFERED INCOME TAXES ............................................................. 12.506 4.615 LONG-TERM DEBT......................................................................... 122.510 6,53() OTHER LONG-TERbI LIABILITIES..................................................... 25.513 8.076 COMMITMENTS AND CONTINGENCIES STOCKHOLDERS' EQUITY: Prefmsed stork-Authotizc.l. 2,000 shnn•s.4 S0.0i Par value, uo shares issued and ntnst.nding as of OmN, 3, 2010 and Squonhcr 27, 2009 ................. - - Cbuunota stork-Aullwrizcd. 150.W0 ah:oo of L0.01 pn, s:due: ktno ,t m,d ouwa ;ding. 61.755 aaJ 61.257 shares:,, of Oaalu, 3. 2010:nad Seprtndscr'_7.2009.rcspcctivdy....................................................... 61S 613 Addhiuual p;,id-in c:,pind........................... 3614.965 350 $71 Accmnularad whar conap,dioniive incnnm............................................. 19.76:1 12.226 Rctoowd rintnng............................................................................ 359.897 2813IL8 TOTAL STOCKHOLDERS' EQUI11..................................................... 74F.13.1 640.478 TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY ........................... S1.38IM9 5L007.005 See accompanying Notes to Consolidated Financial Statements. 11 Tetra Tech CSI ACORD C-ERTIFICAT N INSURANCE DAao7rz" Iffil D°i" Aon Risk Insurance Services West, Inc. 707 Wilshire Blvd.. Ste. 2600 Los Angeles, CA 90017 License No. 0363334 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER.. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES D NG COVERAGE Prone. 21363D-3270 Far 647-9530574 COMPANY • A National Union Fire Insurance Company of Pittsburgh. PA WSVRHD COM^ANY Tetra Tech Construction Services, Inc. B Insurance Company of the State of Pennsylvania 5401 E 4801 Avenue Denver, CO 80216 USA COMPANY C Lexington Insurance Company YChallis Specialty Insurance Company rD COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTHWITNSTANOINO ANY REOUIRG@NT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE MITS SHOWN MAY HAVE 0 8'PAID CLAIMS. TS SHOWN ARE AS ReOUESTM. CO LIM TYPE OF SISURANCE POLS:YNUYBE POLICY EFFECTIVE DATA rMUMOVIT POLICY EXPIRATION DATEIMMIDO" LIMITS DFMAAl 11ABILM GENERAL AOOAsm S 2000000 A % CAIeaRCMLOEMRry L4OLSTY taus U.nE Q OCCUR OIL 468 15 61 f0/01/2010 10/0112011 PRCOUCTS-oolaloP AOG s PmsONALaAwuwRY f 1 HAC+1000URR-Acs f 1, 0 VNIDR3 MRACTOREPROT % ContractualLiability nRewM+oe enRw s 100000 X.CU COVBrae. LaO1XP1AnY.P.*t 1 5.000 en1 Aggregate Limit Applies: Per Prolect/Per Loc AUToroau LSAHII.RY cOMBNEO YNOLE UM" f 2,000,000 ANY AU O A % ALL OArNEO Autos CA 826 36 72 10/01/2010 10/01/2011 WOLr BUIIRY s SCHUoULEAU OS IPr wwRrp % % NIREDAUTO-. N *NEDAU10s OWLYwWRY IPN AoeawJ f PROPERTY OARAOE UAanlrt AUTOONCY- W ACCIDENT f AAY AUTO OTHER TISAN AUN cILLY: CACH FCd0E1IT S%CPAS U/1alU/Y &tCMOCCUARH%Ca f 6,00.000 C U10RLLAFePM AGGREOAM ! % OTH5RTHX4UM1RELLAFORH 62785232 10/ 112010 10/01/2011 f % Occurrence B WMJO=fNm me WC 1477 08 06 1010112010 101011201111 Includes US Longshoreman E Harbor Workers' ConvenSayGn Act 0.uuAOCOEM f 1, ELDUi1A$1-POUCYUTAT f 1, PROPR'ETCAI WA E)tCl EL DHYASE-HA [MROY6 f 1Tw- D OTHER olessmal Liabilry/Contractom COPS 1952583 10/01/2010 10/01/2011 Each Claim S5.000.000 Pollution UaWity Aggregate S5.000.000 OE CRIPTI N OF OPERATIONSIL CA I N C L1TEM Stop OaytbrsraNaaoH V1Awy CERTIFICATE MOIOERT -- 'f"' ' .:CANCELLATION�� j: fNCIAO ANY OF THE ABOVE DESCRIBED POLICIES BECANCELLEO BEFORE THE Evidence of Coverage E%PwAT10N DATE THEREOF, THE ISSUINO COMPANY YOU ENDEAVOR TO MAIL IO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT OUT FAILURE TO MAIL SVCN NOnCESMALL IYPOSE INO OBLgAMN1 !)A LIASILRY f ANY FIND UPON THECOMPANY. ITS AGENTS OR RSPRHSENTATIVES. AUTHORIZED REPRnESENTAMO �+ ' Qwe 1� /PEePP/FAFFaIP ?l�.elt �ACORD.25�' 011081s �I .,;nd ,tc,., ,,,o,__sv�..». '" fDs:mii_ - >N v � 'AEORD.CORRORATION4 88 Tetra Tech CSI la Tetra Tech Construction Services, Inc. Is providing the following letter from our surety company as evidence of our bonding capability 10� Liberty Mutual. June 7, 2011 ICit Carson Electric P.O. Box 5-8 116 Cruz Alta Road Taos, New Mexico Cooperative, Inc. 875?1 Re: Tetra Tech Concrtuction Setvicec. Inc. RUS BIP-Financed Piber-tc-the-Hone Project, Request for Pricing Surer; Reference Letter Liberty Mutual Surety ma Citr E1rd. Tcen, suite 300 Ocarge, CA 92S65 Phone: (714) 937-140D Fa= 1714) 935-0147 Safeco Lts-arauce Company of America "'Safeco"j, a Liberty Mutual Company, acts as surety for Tetra Tech Couctruction Serricee, Inc.; a subsidiac7 of Tetra Tech, Inc. (coLectnmly'Tt") in its conaacting matters- Safeco is a major. national provider of contract surer; bonds, is listed iu the Federal Register as a sutett- acceptable for Federal projects, and is a licensed, admitted stuetF in all fife United States. We enjoy a Bests Guide rasing of AS.V. Safeco curentIr extends to Tt single project and aggregate bonding capacit, iu the $250 million and 5750 million =ages, respectr.-ely. This tro:ald not preclude us from considering projects and programs in excess of those parameters. Based on our k»on,ledge of Tt's management, constauctson expertise, current financial position and backlog, we have a ecr confidence in its abilities to successfully ttndercake, manage and complete projects mithin those parameters and mitlun its varied areas of expertise. We, lighlr, recommend this desigu, enVueering, and building contractor to you. Please ttndersnnd chat this letter is not an asstunption of liabilicr. nor is it a couunitm1ent to approve and proride future bond requests. This letter is offered, simply, as a bonding reference at the request of our customer. Sincerel SAFE.CO ITN SURA\TCP COMPANY OF AME.RICA E.S. Albrecht, Jr. Br: E.S. Albcecht, Jt. Atcomey-ill-Fact I 11 11 H 1 0 Tetra Tech CSI Ili SAFETY Tetra Tech Construction Services, Inc. assigns safety responsibilities to every manager In every office. The safety manager monitors compliance with the safety manual, processes and training. Full compliance Is required for all subcontractors and strictly monitored. The Tetra Tech Safety Program has been written In compliance with Federal, State and Local requirements such as OSHA, DOT and EPA standards. It provides Initial Safety and Orientation training reinforced with dally and weekly safety Instruction and Inspection. We meet or exceed recommended Experience Modification Rates In the various states that Tetra Tech has a presence. Tetra Tech's Quality Standard ISO 9001:2008 US07/1122 and IS014001:2004 US98/1315. The Quality System Is fully documented and available In writing and Is subject to Independent third party assessment by SGS Group. Tetra Tech EC Is the first major full -service environmental consulting, engineering, remedlation and construction firm to have all services at every office and field location certified to the standards of ISO 14001. ISO 14001 Is an International standard that specifies a process for controlling and Improving our environmental performance. External audits ensure conformance and continual Improvement. ISO 14001 certification demonstrates Tetra Tech EC's commitment to effectively managing environmental responsibilities and ensuring these practices are Integrated Into our overall business operations. Pre -Employment Screening • Pre -employment drug screens • Criminal & felony background checks Employment Screening • Random drug & alcohol screening (D&A) • Post accident D&A screening • Reasonable suspicion D&A screening Safety Meetings • Monthly manager meetings on safety & health Issues • Employee weekly safety meetings • Dally on -site job safety "tailgate" meetings (includes subcontractors) Training • Confined Space Training • Decision Driver Training • Electrical Safety Training • First Aid/CPR Training • Hantavlrus • Hazard Communications • New EmploymentSafetyTralning • OSHA Regulations, OSH-ACT • Personal Protective Equipment Training • Supervisor Safety Training • Task Specific Training (Ladders, Dog's, Safety Signs, Lifting Material & Misc. Safety Programs) • Telecommunications • Traffic Control Inspections • Dally Safety Inspections by Supervisors • Field Safety Audit's by Safety Department • Insurance Company Loss Control Inspections Supervisor Training • Accident & Incident Investigation • Accident Prevention Training • Drug & Alcohol Detection & Prevention • Regulatory Law Training • Decision Driving Ride -a -Long Evaluator • Worker's Compensation Training Audio Visual & Safety Information Library • Company Safety Manual & Employee Handbook • Cell Phone Text Messaging Daily Safety Topics • Safety Video Library • English & Spanish Information • State & Federal Regulations • Safety Meeting Topic Library • OSHA, EPA, DOT, NEC, NFPA & ANSI Safety Incentive Program • Quarterly Safety Bonus • Annual Safety Department Bonus • Technician Award Program Memberships • American Industrial Hygiene Association • American Society of Safety Engineers • Colorado Motor Carriers Association • Mountain States Employers Council • National Safety Council • Utility Notification Center of Colorado -4- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-29-11 rFNFRAT. DFrTgic)N TTmRFucromionniAANT) rmn1nnw,; TTMT-TwavrnTrcTalrrT1C)N General Decision No. CO20100014 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Fringe Benefits Last Hourly Mod Rate POWER EQUIPMENT OPERATORS (cont.): Drill Operator: 2203 All except William MF/Watson 2500 16.74 2.66 2204 Forklift 15.91 4.09 2205 Rotomill Operator 16.22 4.41 2206 Post Driver/Punch Machine 16.07 4.41 2207 Tractor 13.13 2.95 2208 Compactor (Dirt and soil only) 16.70 3.30 Groundman (Traffic signalization) 2301 Class C 11.44 3.25 Truck Drivers: 2400 Floats -Semi Truck 14.86 3.08 2401 Multipurpose Truck - Specialty & Hoisting 14.35 3.49 2402 Truck Mechanic 16.91 3.01 2403 Pickup Truck (Includes Pilot and Sign/Barricade 13.93 3.68 Truck) 2405 Single Axle Truck 14.24 3.77 2406 Distributor Truck 15.80 5.27 2407 Dump Truck: 2408 14 cubic yards and under 14.93 5.27 2409 15 to 29 cubic yards 15.27 5.27 2410 30 to 79 cubic yards 15.80 5.27 2411 80 cubic yards and over 16.45 5.27 2412 Low Boy Truck 17.25 5.27 2413 1 Water Truck 14.93 5.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses [29 CFR 5.5(a)(1)(ii)]. END OF GENERAL DECISION NUMBER CO20100014. Addendum 2 - 7263 Downtown Conduit Backbone and Laterals Page 4 of 11 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 10% of the contract. ITEM SUBCONTRACTOR Traffic Control Concrete Restoration Boring Engineering Northern Colorado Traffic Control, Inc A to Z Cable SSD, Inc. Communication Design Group I 1 1 11 1 11 1 [1 1 COLORADO DEPARTMENT OF TRANSPORTATION Project It: BIDDERS LIST DATA and UNDERUTILIZED - Location: DBE (UDBE) BID CONDITIONS ASSURANCE Fort Collins, Colorado Prime Contractor Instructions: This form has two sections, both must be completed and submitted with your bid. Complete Section I to list all subcontract quotes received (non -DBE and DBE), Complete Section II to report only Underutilized DBE (UDBE) participation percentages which qualify under the contract goal specification for this project. Please review COOT Form #715 instructions be/ore completing Section II. Attach additional sheets as necessary. POLICY It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have equal opportunity to participate on projects financed with federal, state or local entity funds. Consistent with 49 Code of Federal Regulations (CFR) Part 26.1 1, the Bidders List data provided by the Contractors will provide COOT as accurate data as possible about the universe of DB E and non -DBE firms actively seeking work on its highway construction contracts, for use in setting overall DBE goals. SECTION I: COOT BIDDERS LIST INFORMATION (Non -DBEs and DBEs) 1) Are all subcontract bids (quotes) received by your firm for this project listed below? 0 Yes U No 2) If No, make certain any additional subcontract bidding information is submitted to the COOT Business Programs Office before 4:00 pm on the day after bids are opened to ensure COOT has the best data possible for setting future DBE goals (use the same table format as below): COOT Business Programs Office 4201 E. Arkansas Ave., Room 200 Denver, Colorado 80222 FAX: 303-757-9019 EMAIL: eo@dot. staleco. us 3) The most recent COOT Bidders List will be posted online at: www.dot.state.co.us/EEO/DBEProgramPage.htm Name of firm submitting Bid/Quote Certified DBE firm? Yes No Work item(s) description Firm being m used? Yes No Idr°� 1 Northern Colorado Traffic Control, Inc. X Traffic Control X 2. SSD, Inc. X Boring x 3.A to Z Cable X Hard Surface Restoration X 4. Rocky Mountain Signing X Traffic Control X 5, PDI X Boring x 6. Zenitram X Traffic Control x 7. Communication Design Group X Engineering X 8. 9. 10. 11. 12. 13. 14, Page 1 of 2 Prevlous editions are obsolete and may not be used COOT Form #714 4106 Name of firm submitting Bid/Quote Certified DBE flrm? Yes No Work items) description Firm being used? Ves I No 15. 16. 17. 18. 19. 20. SECTION II: UNDERUTILIZED DBE fUDBE1 PARTICIPATION COMMITMENT 1) Total eligible Underutilized DBE (UDBE) percentage amount from Box A below: 10 - 20 % 2) Will your company's Underutilized DBE (UDBE) participation commitment meet the contract goal? lJ Yes LJ No 3) List the UDBE firms, committed work items, and eligible UDBE percentage of your bid committed to each. UDBE Firm name Certification # Committed work items) %commitment toward DBE Goal' 1 Northern Colorado Traffic 7496 Traffic Control I 3. 92 9� ° Control. Inc. l i d American Industrial 6 2. 7145 Electrical Supply/Components 6.28% construction Supply 3. % 4. % 5. 0/0 BOX A: TOTAL ELIGIBLE UDBE PERCENTAGE AMOUNT (Round to nearest hundredth) I 10 - 20 % Detailed instructions on how to calculate DBE commitment amounts are available an COOT Form 1015 and in the "Counting DBE Participation Toward Contract Goals and COOT's annual DBE goal" section of the "DBE —Definitions and Requiremenls" 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 in Section If of this form to the Transportation Department by 4:00 pm on the thirdwork day after the day bids are opened. The actual amounts submitted on each COOT Form #715 must equal or exceed the DBE 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 COOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before 4:00 pm on the day alter bids are opened. COOT 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 Section I. 1 shall not discriminate on the basis of race, color, age, sex, national origin, or handicap in the bidding process or the performance of contracts. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Company Name: Dale: ) / Tetra Tech Construction Services, Inc. 08 OB 2011 Company IISignature: 1l/ (��__._ Kyle Deaton Title: President Certification Regarding Lobbying ' Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) ' The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will .be paid, by or on behalf of the ' undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ' (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned ' shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed, Reg. 1413 (1/19/96). Note: Language in paragraph (2) ' herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)] ' (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was ' placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C; 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than ' $100,000 for each such failure [Note: Pursuant to 31 U.S.C.1352(c)(1)-(2)(A), any person who makes a prohibited expenditure ' or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] ' The Contractor, Tetra Tech Construction Services, Inc. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this,,eertification and disclosure, if any. Signature of Contractor's Authorized Official C � � ' Kyle Deaton - President Name and Title of Contractor's Authorized Official 8/8/11 Date 1 i 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 6323(j) - 49 CFR Part 661 Certification requirement for procurement of steel, Iron, or manufactured products. ' Certificate of Compliance with 49 U.S.C. 53230)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) ' and the applicable regulations in 49 CFR Part 661. Date Il I , rac cer Signature cKee (( nn n Company Name Title roi p1 anoa r OR ' BUY AMERICA REQUIREMENTS -49 U.S.C. 63230) - 49 CFR Part 661 ' A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as , nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. ' Certificate of Non -Compliance with 49 U.S.C. 5323U)(1) ' The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1), but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(B) or (j)(2)(D) and the in 49 CFR 661.7, 'regulations Date ' Signature Company Name ' Title I SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 1 11 I 1 1 n SECTION 00510 NOTICE OF AWARD DATE: August 19, 2011 TO: Tetra Tech Construction Services Inc. PROJECT: 7263 DOWNTOWN CONDUIT BACKBONE AND LATERALS OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated August 8, 2011 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7263 Downtown Conduit Backbone and Laterals. 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 September 2, 2011. ' 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 tbear 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 OW R f� BU\�/ 'Jam B. O'Neill, ll, CPPO, FNIGP Dire or of Purchasing & Risk Management I SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 19t' day of September in the year of 2011 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Tetra Tech Construction Services Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set ' forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may ' be the whole or only a part is defined as the excavation, installation, backfill, traffic control and surface restoration of a multiple conduit duct bank in downtown Fort Collins related to the two-way conversion of Mason Street and the MAX Bus ' Rapid Transit Project and is generally described in Section 01010. ARTICLE 2. ENGINEER ' The Project has been designed by IBI Group. The City of Fort Collins Engineering, who is hereinafter called ENGINEER and who will assume all duties ' and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ' ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete on or before October 31, 2011 and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within thirty (30) calendar days after the date of Substantial Completion. ' 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 preceding the actual loss suffered by OWNER if the Work is not completed ' on time. Accordingly, instead of requiring any such proof, OWNER and I 1 CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: ' One Thousand Dollars ($1,000.00) for each calendar day or fraction thereof that expires after October 31, 2011 until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for ' each calendar day or fraction thereof that expires after the thirty (30) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ' ARTICLE 4. CONTRACT PRICE t 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Seven Hundred.Ninety-Six Thousand Three Hundred Three Dollars and Forty Cents ' ($796,303.40), 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, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, 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. If, in the sole discretion of Owner, on ' recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER 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 I completed in which case the remaining progress payments prior to Substantial tCompletion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided ' in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. ' 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, 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: t6.1. 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. 1 -5- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-29-11 GENERAL DECISION NUMBERS CO20100014 AND CO20100015, HIGHWAY CONSTRUCTION General Decision No. CO20100015 applies to the following counties: Alamosa, Archuleta, Baca, Bent, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, Elbert, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Huerfano, Jackson, Kiowa, Kit Carson, La Plata, Lake, Las Animas, Lincoln, Logan, Mineral, Moffat, Montezuma, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pitkin, Prowers, Rio Blanco, Rio Grande, Routt, Saguache, San Juan, San Miguel, Sed wick, Summit Teller, Washington, and Yuma counties. When work within a project is located in two or more counties, and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. CO20100015 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Fringe Benefits Last Hourly Mod Rate ELECTRICIANS: (Including traffic signal installation) Electrical work $150,000 or less (Alamosa, Archuleta, Baca, Bent, Chaffee, Conejos, Costilla, 3200 Crowley, Custer, Fremont, Huerfano, Kiowa, Las 22.85 10.79 Animas, Mineral, Otero, Prowers, Rio Grande, and Saguache counties) Electrical work over $150,000 (Alamosa, Archuleta, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, 3201 Custer, Fremont, Huerfano, Kiowa, Las Animas, 27.00 10.91 Mineral, Otero, Prowers, Rio Grande, and Saguache counties) Electricians (Clear Creek, Eagle, Gilpin, Grand, 3202 Jackson, Lake, Logan, Morgan, Phillips, Sedgwick, 31.60 12.52 6 Summit, Washington, and Yuma counties) Electricians (Cheyenne, Elbert, Kit Carson, Lincoln, 3203 Park, 28.55 13.43 7 and Teller counties) Electricians (Dolores, Garfield, Gunnison, Hinsdale, 3204 La Plata, Moffat, Montezuma, Ouray, Pitkin, Rio 28.00 9.24 Blanco, Routt, San Juan, and San Miguel counties) 3205 Electricians (Delta and Montrose counties) 21.31 8.92 3206 Traffic Signal Installer (Zone 1) 23.83 4.75 + 13.75% 3207 Traffic Signal Installer (Zone 2) 26.83 4.75 + 13.75% Traffic Installer Zone Definitions Zone 1 — Within a 35 mile radius measured from the addresses of the following cities: Colorado Springs - Nevada & Bijou Denver - Ellsworth Avenue & Broadway Ft. Collins - Prospect & College Grand Junction - 12th & North Avenue Pueblo - I-25 & Highway 50 Zone 2 - All work outside these areas. Addendum 2 — 7263 Downtown Conduit Backbone and Laterals Page 5 of 11 I 1 ' 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, ' investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, ' within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. ' 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and ' conditions of the Contract Documents. 6.6. CONTRACTOR has.given ENGINEER written notice of all conflicts, errors or ' discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ' ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between ' OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other ' items as are referenced in this Article 7, all of which are incorporated herein by this reference. ' 7.2 Forms for use -by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver.Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: ' EC01 — Cover Sheet & Corridor Map ECO2 — Index Sheet ' EC03 — Symbols Legend & Notes EC04 — Conduit Backbone (Segment 01) E EC05 — Vault & Wiring Details (Segment 01) EC06 — Vault & Conduit Details (Segment 01) EC07 — Conduit Backbone (Segment 02) EC08 — Vault & Wiring Details (Segment 02) EC09 — Vault & Conduit Details (Segment 02) EC10 — Conduit Backbone (Segment 03) EC11 — Vault & Wiring Details (Segment 03) ' EC12 — Vault & Wiring Details (Segment 03) EC13 — Vault & Conduit Details (Segment 03) EC14 — Conduit Backbone (Segment 04) EC15 — Vault & Wiring Details (Segment 04) EC16 — Vault & Conduit Details (Segment 04) EC17 — Conduit Backbone (Segment 05) ' EC18 — Vault & Wiring Details (Segment 05) EC19 — Vault & Conduit Details (Segment 05) EC20 — Laurel Street Enlargment Intersection Plan ' EC21 — Mulberry Street Enlargement Intersection Plan EC22 — Olive Street Enlargement Intersection Plan EC23 — Oak Street Enlargement Intersection Plan ' EC24 — Mountain Street Enlargement Intersection Plan EC25 — Laporte Avenue Enlarged Intersection Plan EC26 — Maple Street Enlarged Intersection Plan EC27 — Communication Vault Details ' EC28 — Communications Vault Enclosure Details The Contract Drawings shall be stamped "Final for Construction" and dated. ' Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 2, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents ' pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 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 11 I 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. �I 1 11 OWNER: CITY OF FORT COLLINS By: ,LAMES B. O'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT ' Tit[ Attest: CUL City Clerk 1 Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 I 1 CONTRACTOR: By: `fslaix Carr-1wLcf? ServiceYIr jL4a:--- PRI TED J`& bWjCoq Title: --prnsiGl,orci Date: %1(0/// .�kttlllj"j, �T ��•�pp1S�Q�'% .G�PPOggT J� (CORPORATEAEAL L�� _ 1990 _` Attest: iu�� `�� t �� 40,4101 w, Address for giving notices: ,,it�Vz 'e. yF-5� &A,0> License No.: I I 1 I SECTION 00530 NOTICE TO PROCEED Description of Work: 7263 Downtown Conduit Backbone & Laterals To: Tetra Tech Construction Services, Inc. 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 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 1 1 Executed in Triplicate (3) . rMrmervrnurvu ;: .. Bond No. 024035456 KNOW ALL MEN BY THESE PRESENTS that Tetra Tech Construction Services, Inc 5401 E. 48" Ave., Denver, CO 80216 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Finn) Safeco Insurance Company of America 1001 4th Avenue, Suite 1700 Seattle, WA 98154 (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 Three Hundred Ninety -Eight Thousand One Hundred Fifty -One Dollars and Seventy Cents ($398 151 70) 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 19th day of August, 2011, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7263 Downtown Conduit Backbone and Laterals. 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. 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 Surely 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 27th day of August , 2011, IN PRESENCE OF: Principal � T ech Con �ruction Services, Inc. VP Contracts/Legal VP/Secretary (Title) (Title)) 345 W. 62nd Avenue, Denver, CO 80216 (Corporate Seal) IN PRESENCE OF: "0:) AYt'&VL-' IN PRESENCE OF: see attached acknowledgment (Surety Seal) .alluuu,, (Address) %%%%'C0\RUCTI0/ys i Vim? "poRATc�` Other Partners cn ; d' 1990 By: ! 5���*4111111114��' Surety '—o" Insurance Company of America By: av Ku o ra , orney n a 1001 4th e, Suite 1700 Seattle, WA 98154 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. I I 1 1 1 1 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californ County of Los Angeles On AUG 2 7 2011 before me, Marina Tapia, Notary Public , personally appeared xn c,r -`,d who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by h+s/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Signature Marina Tapia, Notary Public M'01 r�Pu c0"98ion 11927305 Notary Public . calrtornia Los �Oalea county Lamm. Maw 2019 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4120611 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint E. S. ALBRECHT, JR., C. K. NAKAMURA, LISA L. THORNTON, MARIA PENA, MARINA TAPIA, EDWARD C. SPECTOR, KD CONRAD, BRENDA WONG, SIMONE GERHARD, NOEMI QUIROZ, ALL OF THE CITY OF LOS ANGELES, STATE OF CALIFORNIA.......................................... , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as ' surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED MILLION AND 00/100***** ******DOLLARS ($ 100,000,000.00*************** ******) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as Ithey had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Execution of Contracts: Section 12. Surety Bonds and Undertakings. W Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in- y fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and m 4; executed, such instruments shall be as binding as if signed by the president and attested by the secretary. �C � By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: m Opt Pursuant to Article IV, Section 12 of the By-laws, Garnet W. Elliott, Assistant Secretary of Safeco Insurance Company of America, is authorized to U a) appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety R any and all undertakings, bonds, recognizances and other surety obligations. @ That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. d � fa) IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 17th day of September .. 2010 do ..� ecar.,, SAFECO INSURANCE COMPANY OF AMERICA a^ i `' 1953 By ZIAI- i Garnet W. Elliott, Assistant Secretary ta: COMMONWEALTH OF PENNSYLVANIA ss �""'�'��`"COUNTY OF MONTGOMERY 02 On this 17th day of September 2010 before me, a Notary Public, personally came Garnet W. Elliott, to me known, and �> acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he C executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREO Ipv(P o subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. k ory,f �� `C /k'sZ� C r C sty :'UCIaHa,� Saai Turusa Pastulia, Notary PuUlx: OF Pyn•cutt, rwp., Momgomery courtly By to Commission Ezp T9 Mar. 28,2013 Terega Pastella, Notary Public ' CERTIFICATE , a�� Momtw, Ponns0vania 4ssx?atop of Notarios 2 NSYL�p' �G I, the undersigned, Assis r Safeco Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and c py, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the ' following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. 4 UG ' IN TESTIMONY WHEREOF, I have hereunto subscribed my nod ., 'xed the corporate seal of the said company, this pf 1 � i „�z, David M. Carey, A sistant Secretary -6- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-29-11 GENERAL, DECISION NTTMRFRS CO20100014 AND CO20100015. HIGHWAY CONSTRTTCTTON General Decision No: CO20100015 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Fringe Benefits Last Hourly Mod Rate POWER EQUIPMENT OPERATORS: 3300 Bituminous or Asphalt Spreader/Laydown Machine 23.67 9.22 3301 Bulldozer 23.67 9.22 Crane: 3302 50 tons and under 23.82 9.22 3303 51 to 90 tons 23.97 9.22 3304 91 to 140 tons 24.12 9.22 3305 141 tons and over 24.88 9.22 3306 Grade Checker 23.82 9.22 Loader: 3307 Barber Green, etc., 6 cubic yards and under 23.67 9.22 3308 Over 6 cubic yards 23.82 9.22 Roller (excluding dirt and soil compaction): 3309 Self-propelled, rubber tires under 5 tons 23.32 9.22 3310 Self-propelled, all types over 5 tons 23.67 9.22 3311 Trackhoe 23.82 9.22 3312 Oiler 22.97 9.22 3313 Water Wagon 23.82 9.22 General Decision No. CO20100015 The wage and fringe benefits listed below do not reflect collectively bargained rates. Carpenters: 3600 Form Building and Setting (Excluding curbs and 15.92 5.38 gutters) , 3601 All other work 16.30 3.71 3700 Concrete Finishers/Cement Masons 15.55 2.85 3800 Groundman (Traffic signalization) 11.57 3.50 Ironworkers: 3900 Reinforcing 16.94 6.77 3901 Bridge Rail (Excluding guardrail) 16.76 6.01 Addendum 2 - 7263 Downtown Conduit Backbone and Laterals Page 6 of 11 r ND KNOW ALL MEN BY THESE PRESENTS: that Bond No. 024035456 Tetra Tech Construction Services, Inc 5401 E. 481" Ave., Denver, CO 80216 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) Safeco Insurance Company of America 1001 4th Avenue, Suite 1700 Seattle, WA 98154 (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 Seven Hundred Ninety -Six Thousand Three Hundred Three Dollars and Forty Cents ($796,303.40) 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 19th day of August, 2011, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7263 Downtown Conduit Backbone and Laterals. ' 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. 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. C C 6 E P IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 27th dav of August 2011 IN PRESENCE OF � Principal Tetra, ch Construction Services, Inc. 1 - VP Contracts/Legal VP/Secretarl jitle) (Title) (Corporate Seal) IN PRESENCE OF: I IN PRESENCE OF: see attached acknowledgment (Surety Seal) 345 W. 62nd Avenue, Denver, CO 80216 %•`�NSTRUC7•j02.,�� (Address) , pPPOq'� S� =r = Other Partners - SEAS =rn m 0.� R A0�of By:�/ took% r Surety 5ftT e Company of America By: KD o r orney n a 1001 4th A ue, Suite 1700 Seattle, WA 98154 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. I 1 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ' State of California ' County of Los Angeles ' On AUG 2 7 201' before me, Marina Tapia, Notary Public personally appeared tD Conrad who proved to me on ' the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me ' that he/she/th" executed the same in #is/her/thei authorized capacity(ie&), and that by his/her/theiK signature(&) on the instrument ' the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 (seal) 1 1 1 MARNIA TAPIA liommhalon ! 1927305 Notary PubUc - CaWanM Los AnOaba County My Comm. Expires Mar 30, 2015 Signature Marina Tapia, Notary Public 1 SECTION 00630 CERTIFICATE OF INSURANCE -CONTRACTOR shall insert his own standard form for Certificate of Insurance. u I �1 s CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDNYYY) 09N1 D„ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ADD Risk Insurance Services West, Inc. LOS Angeles CA office CONTACT NAME. INC No. Esq; (866) 283-7122 a .No.: (847) 953-$390 6AIAIL ADDRESS: 707 Wilshire Boulevard suite 2600 INSURERS) AFFORDING COVERAGE NNC p LDS Angeles CA 90017-0460 USA INSURED INSURER& National union Fire Ins CO of Pittsburgh 19445 Tetra Tech Construction services, Inc. 5401 E 48th Avenue INSURER B: Insurance Company of the State Of PA 19429 INSURER C: Denver CO 80216 USA INSURER O: NSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: b/0043BS3403 REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE AD INs0. SUBR WVO POLICY NUMBER MMIDD MMn) LIMBS GENERALLIABRITY GL EACH OCCURRENCE $1,000,000 % COMMERCIAL GENERAL LIABILITY PREMISEESEe awne,Ka $11000,000 CLAIM&MADE R❑OCCUR MED EXP(My one person) $10,000 %0 X.C.UCove2ge PERSONAL a ADV INJURY $1,000,000 GENERALAGGREGATE $2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOP AGO $2,000,000 POLICY X PR0. El LOC A AUTOMOBILE LIABILITY CA 1 1 1 1 011 COMBINED SINGLE LIMIT $1,000,000 BODILY INJURY (Per pawn) X ANY AUTO BODILY INJURY (PeracgMem) ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON-0WNED AUTOS PROPERTY DAMAGE Peraoudem UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMSMADE AGGREGATE DED I RETENTION B WORKERS EMPLOYERS'LNBILITY ION AND YIN ANY PROPRIETOR/ PARTNER I EXECUTIVE W OFFICEMEMBER EXCLUDED? � Mhodalcry In Nlq NIA WC014770806 1010112010 10 01/2011 X TORY, TS OTH- E.L. EACH ACCIDENT $1,000,000 EL DISEASE -EA EMPLOYEE $1,000,000 If ye dorm under DESDRIPTION OF OPERATIONS bebw E.L. DISEASE -POLICY LIMB $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (At4ch ACORD 101, AddiYonal Remarks Schedule, If mom space Is required) City of Fort Collins, Engineer, Engineer's consultants and their respective officers, employees and Burlington Northern Santa Fe Railroad (BNSF) are included as Additional Insured as required by written contract, but limited to the operations of the Insured under said contract, with respect to the General Liability policy. Contractual Liability is included under the General Liability policy where required by written contract. A Waiver of Subrogation is granted in favor of Additional Insured as required by written contract but limited to the Operations of the Insured under said contract, with respect to the General Liability property. Stop Gap Coverage for the following states: ON, WA, WY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Collins AUTHORIZED REPRESENTATIVE 215 Mason St. 2nd Floor Fort Collins, CO 80522 USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ch m m g h Z as A C N U I [] 11 L [1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 7263 Downtown Conduit Backbone and Laterals LOCATION: Fort Collins. Colorado OWNER: City of Fort Collins CONTRACTOR: Tetra Tech Construction Services Inc CONTRACT DATE: Auqust 19, 2011 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. 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 DA REMARKS: AUTHORIZED REPRESENTATIVE SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20— TO: Tetra Tech Construction Services Inc. Gentlemen: You are hereby notified that on the day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Tetra Tech Construction Services Inc. for the City of Fort Collins project, 7263 Downtown Conduit Backbone & Laterals. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated August 19, 2011. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: 20 Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: I SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Tetra Tech Construction Services, Inc. (CONTRACTOR) PROJECT: 7263 Downtown Conduit Backbone and Laterals ' 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. I 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. 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 1 benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of 20_ CONTRACTOR: Tetra Tech Construction Services Inc. By: _ Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of Witness my hand and official seal. My Commission Expires: Notary Public 20_, by I LI ' SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins. Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Tetra Tech Construction Services Inc. i PROJECT: 7263 Downtown Conduit Backbone and Laterals CONTRACT DATE: August 19, 2011 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for ' on bond of (Surety) 1 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 20 (Surety Company) By: ' ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. �J I I