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HomeMy WebLinkAbout476185 AMERICAN CIVIL CONSTRUCTORS INC - CONTRACT - BID - 7244 LINDEN STREET STREETSCAPE1 1 1 1 1 1 1 1 1 1 i 1 1 1 �1 1 1 i City of Fort Collins Purchasing Financial Services Purchasing Division 215 N. Mason St. 2no Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Linden Street Streetscape BID NO. 7244 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS City of Fort Collins Purchasing ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7244: Linden Street Streetscape OPENING DATE: 3:00 PM (Our Clock) June 13, 2011 Financial Services Purchasing Division 215 N. Mason St. 2n" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 Icgov.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 — Revised Bid Tab Exhibit 2 — Union Pacific Railroad Requirements & Specifications Please contact John Stephen, CPPO, LEED AP, Senior Buyer, at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST STATEMENT ENCLOSED WITH THE ADDENDUM HAS BEEN RECEIVED. BE ACKNOWLEDGED BY A WRITTEN BID/QUOTE STATING THAT THIS Addendum 1 — 7244 Linden Street Streetscape Page 1 of 24 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GL'NLILIL CONDITIONS have been'dgveloped by using the STANDARD'GTIGI;Ai. CONDITIONS OF TIiL' CONSTIZUCTION CONTRACT prgE Lred'by. the Engineers Joint Contract Doewnentg. Committee, F.JCIX'N I91(M (19y0 Edition), as a tiasa 'Changes to thatdpcument:are shown by underlining text that hasdxcn•addcd and striking thrbugh text.that has been deleted, I i E;JCDC GENERAL CONDITIONS 191.M (19,90 EDITION) WITH CI1-Y OF F'ORI' COLLINS MODIFICATIONS (R)✓V 9M) I Article or Paragraph Number &Title DEFINITIONS TABLEOF CONTENTS Or GFNERAL CONDMOINS ,Page Article or Paragraph Number Number &'ritic 1.1 Addenda 1.2 Agreement ........ ....... ........ 13 Application for Payment .................. 34 Asbestos...._.,.... .......... ............... 1.5 Bid 1.6 Bidding Documents .............................1. 1.7 BiddingRequirements.., ...... I. 1.8 Bonds 1-9 Change Order ........ I ...... ...... I 1.10 ocuments Contract Documents,,,,,,-__- - _ .. ........ I 1.11 Contract Price..:,,,__.;...:_,.. ....... _j 1:12 Contract Tunes, ...... --- - -------- 1 1.13 CONTRACTOR 1.14 da active f I * 15 '. Drawings .... .... _ ...... ............ 1-16 Fffictive Date of the Agreement.......... j. 1; 17 ENGINEER.. 1.18 ENGINEERS . ( ..................... 1.19 * Field Ord Fr,,,, ......... ........ 1-20 General Repimments... ... :... ............... . I:2i Hazardous %Vasic._­ 2 1:22,a Laws and ReplatibnS, r 1-3WS,Or Regulations, 11 - . r .,t2 1-21b Legal Holidays ... .. .... ... .... ..... 1.23 Liens.................................. 1.24 Miilestone., ..................... ......... 2 1.25 Notice of Award 1J6 Notice to Prricced 2 1.27 O1kVNER . ......... ................................. 2 1.28 Partial Utilization„ .............................. 2 �1.29 PCBs 2 130 Petroleum 2 1.31 Project ............. ...................... ......... 2 1.31a Radioactive Material L32b Regular Working Hours;,,,,;;,,,,,;,,,,,,,, 1.33 Resident Project Represenintiva,--,..---,-,) 64 Samples ... I ................ 1.35 Shop Drawings_-..-.._ ...... ............ 1.36 Specifications ........... ........... * ....... * ....... I 1.37 Subcontractor ................................... ........ 1.38 Substantial Completion.--,,,...., 2 139 * ...... ' Supplementary Conditions ................... _ .... 1.40 Supplier_ ........... ;-t.;­2 1.41 Underground Facilities,---_: .... 2-3 1_42 Unit Price Work ..... ............ ....... ...... 3 1.43 Work 3 IA4 Work Change Directive_,,__,_:--,--,__,,_ c__ 1.45 WrittenjAmendavent Page Number PRELIMINARY MATTERS-____ .... .. _ .... z-3, 2. 1' Delivery of Bonds._, ................ ........ 3 2.2 Copies of Docurncnta,.......................3 2.3 Commencenient of Contract Tirncs; Notice to Proccecl ......... 3 2A Starting the Work_ .............. _ ........ 3 2.5-2.7 Before Starting Construction-, CONITRACTORs Responsibility to Rcport: Prelim inary Schediles; Delivery of Certificates of Insurance 34 2.S Preconstruction Conference 4 2.9 Initially Acctptabte:Scliedules____.___._4 3,. CONTRACT DOCUMENTS: INTENT, A1vIhNDWr, REUSE 3.1-3.2 Intent 13 Reference to Standards and'Speci- fications of Technical Societies,, Reporting and Resolving Dis- crepancies .... I ... I ... I ....... ........ _ 4-5 3:4 Intent of Certain Terms cc Adjectives .....................................5 3.5 Amending Contract Docunents­ 36 Supplern enting.Contruct Documents 5 3.7 Reuse of Documents :__5 4.. AVAILABILITY OF LAND SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS...... ........ I .... ­ ­ I ................ 5 4.1 Availability of Lands ......... 4.2 Subsurface and Physical Conditions 4.11 Reports and Drawings ......................0 4.2.2 Lim ited Reliance by CONW RAC - TOP Authorized; TmlinicHl Data 4.2.3 Notice of Differing Subsurface or Physical Ccnclhions..................6 4.2.4 F14GINFERs Review 6 42.5.Possible Contract Documents . Change.... ............................... 6 4.16 Possible Price and times Adjustments--, ........... ................ 0-7 4.3 Physical Conditions --Underground Facilities 7 4-3.1 Shown or Indicated,_ 4.3.2 Not Shown or Indicated,_ ........ ....... 7 4.4 Reference Points 7 EJCDC GrNLTAL CONDITIONS 1910 -8 (1990 LDIIION) wt aTV'OF FORT COLLINNmobiRCAMNS (REV 919911 I I I I 11 I I 11 [i I 11 I I I I I I I I I I I I 11 I I I 11 [ 11 I I I I I I I Article or paragraph Numberk,Titic Page Article or Paragraph Num her Number S. Title 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material,.,- ...... _7-8 BONDS AND INSURANCE ................................. 8 5�. 1-5..2 Performance. Paym cut and.Othei Bonds 8 i.3 Licensed Surctici and Insurers: Certificates of Insurance., ............. -5A CONTRACTOR's Liability Iftsurance 9 5.5 OWNER!s Liability Insurunce:.,._ .........9 5.6 Property Insurance ......... r ................ 9-10 7 Boiler and Machinery or Addi- tional Property Insurance ................. 10 5:8 Notice of Cancellation Pro%ision 10 -5,9 CONTRACTOR's Responsibility for Deductible Amounts,,,,,,,,,,, ... 10 .5,10 Pther Special Insurance;,,,,,,,,-........ ,, 10 5:11 Waiver of Rights,_,,,. ,, , , �. H 5,12-5.13 Receipt and Application of Insurance Proccc&%: 10-11 5.14 Acceptance of Bonds and Insm- drice; Option to kzepfnce , 1 5.15 Partial Utilization -property lnsurancc....................................... . I I 6. cowmikurows RESPONSIBILITIES 11 6.1-6.2 Supervision and §uperintendcnc�q ....... 11 6f3;6.5, Labor, Materials and Equipment.,_ 11-12 6.6 Progress Schedule ....................I.........12 6.7 'Substitutes and "Or -Equal" Items; CONTRACTOR's Expense: Substitute Construction Methods or Procedures: O.NGINFER's Fvaluationj ------------ 12A3 6.8-6,11 Concerning Subcontractors. Suppliers and Others: Waiver of Rjghcs� ........... .. ......... J13714 6.12 patent Fees and Royalties.; ................ 4 6,13 permits__ ...... ................... ............... i4 6.14 Laws and Regulations.--- --_ ........... 14 G. 15 Taxes ................. I .......... ......... 14-15 ,6 ' 16, Use of Premises 15 6.17 Site Cleanliness...,.„_„ ............... Is 6,18 Safe Structural Loading,_ .................15 6.19 Record Documents .............. 15 6.20 Safety and Protectim ...... 15-16 6.21 'Safety Representative_,;,,,,,,,,,;,,,,,_-, , 16 6.22 Ha7mrd Cornmunication Programs,,.,,, 16 6.23 Emergencies .......... 1.1 ...... 4.111 ­.16 6.24 Shop Drawings and Samples ..............16 [Inge Number 6.25 Submiatif Proceedures-. CON- TRACTORs Review Prior to Shop Drawing or Sample Submittal 16 6.16 Shop [hawing JL, Sample Submit. tuts Review by ENG2NEER, ..... 16-17 6^_7 Responsibility for Varitaims From CcntraLl Documenvi., ........ 17 628 Related Work Performed Prior to ENGINEER's Review and Approval of'Required Submittals 629* Continuing the Work: ........ 11 .......... 17 6.30 CONTRACTORN General Warranty and Guarantee ..... :_ ...... 17 6.31-6.33 Indemnification, ... ............ ... 17-18 6.34 -Survival QfObligations ;_ ..... : ......... JS i. ontER WORK,.. ........................................ . 18 7.1-7:3 Related Work at Site 8 7A Coordination 8: OWNEWS RESPONSIBILITIES.: ....................... 18 9.1 Communications to CON- TRACTOR 18 8.2 Replacement of ENGINEER ........... IS 8.3 Famish Data andPay Promptly When Due...., 8:4 Lands and Easements, Reports and Tests .............. ............. 18-19 8.5 Insurance 19 .8.6' Change Or&rs ....... 1_1.....1.1.1 119 :8-7 Inspections, Tests and Approvals..... ..... ................... .... 19 S.I§! 'Stop of Suspend Work: Terminate CONTRACTOR's Services 19, 4.9 Limitations on OWNER'S Respans ibiditics............................19 8.10 Asbestos, PCBs, Petroleum., Hazardous Waste or Radicactivc MatzriaL ................ _ 19 8.11 Evidence of Financial Arrangements, ..................... ...... j 9 ENGINEERS STATUS DURING CONSTRUCTION 19 9,1 OWNER's Representritive., ... ....... _19 9.21 Visits to Site:. 19 9.3 project Representative ... ............ 19-21 9A Clarifications and Interpre- tauons. ........................................ it 9-5 Authorized Variations in 1Wk ........ 21 EJ&V. GUN11611, CONINTIONS 1910-8 (1990 LD111010 wl (.1TY OF FORT (7011 W MODIFICATIONS tRFV9T99). I ,Article or Paragraph ;'umber & Title Page Article or Paragraph Number Number3:Title 9.6 Rejecting Defective Work .....:....:.:..:..21 9.7=9.9 Shop Drawings, Change Orders and Payments....................................21 9.10 Determinaticns for Unit Prices:-_ „ 21-22 9.11-9-12 Decisions on Disputes; ENGI- NEERas Initial lnterpreu:t..............77 9.13 Limitations on ENGINEER's Authority' and Responsibilitics,,,-.L% 3 CHANGES IN THE WORK......................................_23 10.1 OWNF:R's Ordered Change,,,,,,,,,,,,,,,,23 14'. 10.2 Claim for Adjustment „23 10-3 Work Not Required by Contract Documents...:............................... ..23 10.4 Change Orders .................................. 23 10.5 Notification of Surety ----- ------------ ---- -23 CHANGE OF CONTRACT PRICE ............. I............... �3 l I.1-11.3 Contract Price; Claim f6r Adjustment; Value of the Work......... ...................._...' 3 24 11.4 Cost of the WVork,,,_„ h4-25 11:5 Exclusions to Cost of the Wurk„--,-„-, 2.5 11.6 COWPACIbR's Fee,:,,:,,,25 11.7 Cost Reeurds,,,,,,..„...._.:..:...:....:.:.^i-26 11.8 Cash Allowances...............................26 11.9 Unit Price Work................................26 CHANGE OF CONTRACT TINES ....................... ......'6 12.1 Claim for Adjustment ........................'6 12.2- Time of the Essence „ 26 12.3 Delays Beyond CONTRACTOR; Control., ....:.........:...........:...::.:.: 26-27 12.4 Delays.Bey-ond OWVNERs and CONTRACTOR's Control .......... TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFEC776F WVORI:..................................................27 13.1 Notice of Defects . .... ........... :.............. 77 13.2 Access to the Work .:.................-,,--,_27 13.3 -Tests and rnspections; CONTR4CTOR's Cooperation.........27 13.4 OW NFER's Responsibilities; Independent Testing Laboratory...... 27 13:5 CONTRWCTOR's Responsibilities ..... :.........................27 13.6-13.7 C:oveiing Work Prior todnspec- tion, Testing or Approval.::.:.......:::..'_'7 118-13.9 Uncovering Work at ENGC I}uge Number NEER's Request ............. ........ 17-28 13,10 OWNER Mriy Stop the Work ..........28 13.11 Correction or Removal of Defective Work...........................)8 13.12 Correction.Period ...........................28 13,13, Acceptance of Defective Work ........ 28 13.14 OWNER May Correct Defective W oik........ ......:... _.,..... ............ 28.29 PAYMENTS TO CONl-RACTOR.AND COMPLETION.,_,,,,, ........... _9 14.1 Schedule of Values,,,---, 4f9 14.2 Application for Progress Payment:.................................... 29 14.3 CONCRAC-1'OR's Warranty of Title; . ..........:...............:.....:..:........ 29 14,4-14-T Review of Applications for Progress .Payments .:............... 29-30 14.S-14.9 Substantial Completion ........... ....... 30 14.10, Partial Utilization ...................... 30-31 14.11 Finallnspectitm 31 14.12 Final Application for Payment, ......31 14.13-14.14 Final Payment and Acceptance,-,-::31 14.15 Waiver oC 1). SUSPENSION OF WORK AND T E R MINAT I ON.................................................32 13.1 OWNER May Suspend Work .......... 32' I5:2-15,4 OWNER May Term inatc.................32 15.5 CONTRACTOR May Stop Work' or -Term inate,,,,;,,;,,,,,,,,, 32-33 16, DISPUTE RESOLIAION..................................33 17_ MISCELLAW,0US ................_�..,•.,.-•---------..-.-33 -17.1 Giving Notice ......... :...:................ .. 33 17.2 Computation of'rimes:...................33 17.3 Notice of Claim..............................33 17.4 Cumulative Remedies...................:33 17.5 Professional Fees and Court Costs fneludcd ................_....,....,.d3 17.6 Applicable. State Laws ................ 3-34 lntentionallyleft blank 35 EKHIBIT GC -A: (Optional) Dispute Resolution Agreement .....................GC -AI 16.1-16.6 Arbitration_— ---------- „_-_,-.-,-_CR.-AI 16.7 E1C.-DC GENERAL CONDI11ONs.l910-8 (1990 M1110N> wi CTY OF FORT COLUNS 1,10D'FICATONs rRF.v 9/99P 71 I I I I I I I I I I I I I I F I INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the,General Conditions of the Construction Contract are not shown in this index -Article or Paragraph Number Acceptance of -- Bonds -and Insurancq.; ....................... : .............. 5,14 ;defective Work;_,,,,_„... ....... __104.1. 13-5, 13:13 final paym6nt_,_., .............. ..... ............ 9.12, 14,15 insurance ................ ................ ........................ �, 14 0&r Work by CO- MACTOR ...... ................... 73 Substitutes and "Or -Equal" lt.ems.; ............ _ 77 _6; 71 Work by OWNER .............................. ....*................. z.5t 6.30! 6.34 Access to the - Lands, OWNER and CONTRACTOR responsibilities ............ ......... 2__ ..... -Al site. related Work._ _ ------ 1 ....-­­__­­13J Work . ............................. ............ 112, 13,14. 14-9 Acts or Ona isslons--, Acts and Omissions-- CONTRACTOR,69.1, 9.13.3 ENGINEER6,20, 9.13.3 OWNER .............................. ;; ...... ........ 20, 8.9 Addenda --definition of (also see definition of Specifications) ..... �,(14 110 6,19). 11 Additional'Property Insur-anceq., ............ ...... . ..... 5.7 Adjustments -- Contract Price or Contract Times 1.5, 3.5. 4.1, 4.3.2, 4.5,2, -------- ,,4 53, 9.4. 9.5, 10.2-10.4,. ............. .............. ; ...... ... ... 11, 1',) 14.8, 15.1 progress schedule ...... .... ......... ................... Agreement -- definitionof ........ ................... __ .................. J-2 "All -Risk" Insurance, policy for!........_.................5,6.2 Allowances. Cash ........................:...........................I L8 Amending Contract Documents .......... 3.5 Amendment. Written -- in general;,,,,,,,,_ d 0; 1-45, 15, 5,10, 5.12, 6.6.2 G.8.2, 6; 19, 10.1, 10.4, 11.2 13.12:2, 14-7.2 Appeal, OWNER,or CONTRACTOR intent to ..... ..................... 9. 10, 9.11, 10.4. 16. 2, 16.5 Application for Payment -- definition of .............. I ................................ ...... j.3 ENGNFERs Responsibility.'...... m ......... 9.9 final payment .................9.13.4. �13-5,14'12-14-15 in general ............. ............ 1-:8. 2.9, 5. 6.4, 9, 10, 1 5:5 progress payment.._..._ .............. ... 14.1-14.7 review of ................................. ...... A4.4-14.7 Arbitration ....... ................... .......... Z ............ 16.1-16A Asbestos -- claims pursuant thereto ..... ................... 45.2, 4,53 CONTRACTOR authorized to stop Wor I k___.__4.S.2 definition 61 _t.4 Article or Paragraph Number 6WNER responsibility fdr ................... __ ...... 4.5-l-,810 passible price and times change,,,,,,, ............... �4.3.2 Authorized Variations in Work ........... 3, , 6� 6.25� 6.27, 9.5 Availability of Lands ........... ............................. 4.1.8.4 Award, Notice ........... _ 1.25 More Starting Constructiork..............................2.5 . 18 Bid --,definition of ........................13 (L 1, L 10, 2.3, 3.3, 4,2.6.4, 6.13, 11.43, 11.9.1) Bidding Documents definition of­ i ...... ... Bidding Requirements-defmiticn of Bonds -- acceptance of . ......... ........ ........... ................ 5.14 additional bonds 10.5. 1,1.4.5.9 Cost of the Work ..................................... ...... 11.5.4 definition of .......... 1.8 deliveryof ........ _w ....... ......... ­; ............. ...... final Application for Payment .......... __1 411 H; 14 14 general .............................. ......... 1,10, 5.1-5:3, 5.13. 9.13. 10.5. 14,7.6 Performance; Payment and Other._ _ 5.1-5,2 Bonds and Insurance --in general ................... Builder's risk "all1risk" Policy form ... ............. J.6.2 Cancellation Provisions; Insurance. .... .... 5.4:11, 5.8. S, IS ,'Cash A[ ................................11.8 Certificate of Substantial Cbmpletion. ........ 1.38, 6.30.2.3. ...... 1.14.S. 141O Certificates of 134 13.5, 14.12 Certificates of - Insurance -_ 1.2.7, 1 53. 5,4,11. 5A,13. .1.1 ......... ­­­. ' 5.6.5, S.K, 5,14. 9.13.4, 14.12 Change in Contract Price - Cash Allowances,., .......... ........ 11.8 claim ror price adjustment .............4. P. 4.2,6, 4.5. 5.15. 6; 8.2; 9.4 ........... Y.5.9.1f. 10.2. 105; 11.2. 13.9, .................... I., 13,13, 13.14, 14.7, 15.1, 15.5 CONTRACTOR's fee............ I ....................... 11.6 Cost of the Work general .......... .... .............. ......... 11,4711.7 Exclusions to ...... ... :_ r - 11.5 'Cost Records --- ---- -------- ...... ............ 11,7 in general. � ........... J19, 1.44, 9J 1, 10.4.2, 10.4,3, 11, Lurn p Sum Pric hg ...... .................. .............. _ 113.2 Notification,of Surety- ___ _-_ ... . ..... Scope of,._ ....... . __ _ ......... ------- _ ........ Testing and Inspection. Uncovering the Work .... .. ........... .............. 119 ElbW UTINMAL CONDITIONS 1910.8 (1990 LDMOM %vt MY OF FORTCOLUNS MOOFFICATIOM tRFV9199). 1 I Unit Price Work 10 Articl e or Paragraph Number Value of Work ...... ................... _ ............. JI.3 Change in Contr act Times -- Claim for times adjustment,,,,,., 4. 1 : 4Z6. 45, 5.15, ....... I.. . 6.81.2. 9.4. 9,5.,9.11. 10.2, 10.5, 12.1. ............... 13.9, 13.13, 13.14, 14.7. 15A_ ISJ Contractual time limits.; - ........ Delays beycndCONTR'AJCTOR!s control ... ......... ....... ...... I ................. --- 12:3 Delays, beyond OWNtER's and coNTRACT'OKs control. ............. .... 12.4 Notification of surety,_______________ 7 ................ ...;,�Ioi Scope of change ........................................ 10.3-10.4 Change Orders - Acceptance ofDefective Work-_ _13,13 Amending Contract Documents ... ....... ..; ....... .} 5 Caih Allowances 11,9 Change of Contract ....... . I I Change of Contract Times,. .... Changes in the Work ..................... .......... 10 CON T"CTOR's fee .................. .......... IIA Cost of the Work 1.4-113 Cc= Records :11.7 definition of,,, ........ ....................... _ __.J.9 emergencies ......................................... ........... 0,23 ENGINEERS responsibility ........ 9.8: 10.4, 11 .2. 12,1 execution of ............................. : ......... ....... IndemnifictfoR ......................... 0. 1 16.16, 6,31-6.33 Insurance, bonds and ... ...... ............ 5-10, 5-1.3, VY5 OWNER may terminate� ........................ 15�2-15,4 OWLNERs PespTsibility ........ 10.4 Physical.Conditions-, Subsurface and....._ ............ ......... Underground Facilities- .: ........................... 4.12 Ricord Dccuments._,_ 6.19 Scope of Change........... ........ ................... 10.3-10.4 Substitutes., ............................ __ ........... k.7;1 6.&2 Unit Price Work...............................................11.9 value of Work, covered by, .............. I ... : ..... ­1 ..... 11.3 Changes in the Work --- ____ _,. -1 ------- ; ---- --- :­ - J0 Notification of surety, ........... __ .... ...... ...... __10.5 OWNERS and CONTRACTORs responsibilities__„-,,......,.. .................... _ ...... 10.4 Right Loan adjustment ...... . _ ...... .......... ... __10 2 Scope of change ........................................ 10.3-10.4 Claims - against COINTRA(7TOR ..... ......... ....... so inst ENGINEER.-, .. .... -.6 32 against OWNER ...............................................6.32 Change of Contract PrictZ ........................... 9-4, 11,2 Change of Ccntract Times,.. ....................... 9.4, 12.1 CONTRACTORs- 4, 7,1, 9:4. 95; 9.11. 10..2. 1 ,2, 11.9. 12:1, 13.9. 14.8, ................ ............... 115.1. 15;5. 17.3 COIM'RACTOR's Fee 1 L6 Article or Paragraph Number CONTRACTORs liability ... ...... :5.4, 6. I 6.16, 6.31 Cost of the Work ----------- __1 1.4, 11.5 Decisions on Disputes„.„ .................9.11. 9.12 Dispute Resolution ................:................I.......... MI Dispute Resolution Agreement .................... 16.1-16.6 ENGINEERasi initial interpreto Lump Sum Pnc ng. 1132 Noticc of ...... I ........ ......................... J7,3 OWN ER'sI ....................9.4, 9.5, 9.11, 10.1 11.2, 11.9 . ..... ­­ ....... 12.1, 13,9. 1113, 13.14. 17.3 OWNE RsI iabdity.- - . ............. ___ ......... 5.5 _,,...5.5 OWNER may refuse to m aka payment .............. _ 14.7 Professional Fees and Court Costs Included._,,,__;_;__,_.,, ...... IT5 request for formal dccision M,.,, ........ .......... 9,11 Substitute Items,,,,,, ....... ....... Time Extension,,,,,,,,,,,,,,, ................ ........ 12.1 Time requirements. ............ ........... 9.11,12,1 Unit Price Work. ........ ...... -------- 11.93 Value of 11.3 Waiver ofonFinal payment.,,, _ ......... J 4.14, 14.15 Work Change Directive_,,_,,,,_, ...16.2 written notice rcquircd'z,...... 9.11, 11.2, 12.1 Clarifications and Interprelati6ris ........... 3.63. 9.4. 9. 11 CleanSite ..................................... ...................... 1,5..17 Codes orrechnical Society, Organization or Association Coin mencemcriticif Contract Times....,, Communications— general ...... ........ 6.9.2. 8.1 Hazard Communication Completion -- Final Application for Payment.. ............. 14.12 Final Inspection--,_.,, - ..7-'----- --------- -_ 14A 1 Final Payment and Acceptance,.. 14�'l 3� 14.14 Partial Utilization, ... ................ _ ................. ... 14.10, Substantial Completion .... _ .......... __1_38 ' 14.8-149 Waiver of Claims :14, 15 Computation of Timel ...... . . ..... .. .... 17.2.1-17. , 2,Z Concerning Subcontractors, Suppliers and Others Conferences -- initially acceptable schedules, preconstructiork ............................................ Conflict, Error, Ambiguity, biguitv. Discrepancv-- CONTRACTOR to Report .......... ....... 2.5, 33.2 Constructich, before start ' ing by CONTRACTOR 2_5-2.7 Construction �Machin'e'ry',"E,4ui*�*M"Cni,"ct'c .................. n.4 Continuing the Work................................... 6,29..10.4 Contract Documents - Amending........................... ...................... ).5 Bonds 5.1 EJCDC G ENURAL CONDITIONS 1910 -8 (1990 MITION) W(CITY OF FORT COUNS MODMCATTONS (RSV 9f99i I F I I I I 11 I I 11 I I I I I 11 I I I I I I I I I I I I I I I I I I I Cash Allowances „-, I I -H Article or P dragraph Number Change of Contract Price ............................. .11 Change ofContraciTtirries- . ........ 12 T Changes in the Work..,.., ...... �.10.4-10.5 check and verify .................... ........ ................... 2.5 Clarifications and ... 12, 16; 9-4, 9.11 definition ...... --------- - ---------- ENGINEER as initial interpreter of ........... FNGU\tFF.R as OWNER.'s representative—......... _9.1 gencral3 Insurance., .... ................. ...... : ......... ... 3.3 Intent ....................................... - I .... :31­ 1-3.4 minor variations in the Work .................. ........... 3,6 OWNERs responsibility to furnish data______,_H.3 OWW,R!s responsibility to make prompt payment„...... ....... I.I.8.3; 14.4, 14-13 precedence , ............ ............................ __J. 1, 3.3.3, Record Documents............................ ..... . ........ 6: 19 Reference to Standards and Specifications of Technical!'Sociefies ......... ! ........ : .... 33 Related Work., ........ ..................... 72 Reporting and Resolving Qiscrepancies_,_._2.5, 3.3 Reuse of..::... ..:-::. - Supplementing ................................................3.6 Termtriation of ENGTNEER's Employment, ._.._:82 Unit Price Work ...............................................11.9 variations......................................... . Visits to Site, ENGINEER'S,,,_,.,., ........ ..... 9.2 Contract Price - adjustment of ....... 3.5. 4: 1.9.4: 10.1 11.2- 1 L3 Change of.,.. ............. .. Decision cn Disputes .......... ..... 9AI definition of ...... I ........... Contract Times - adjustment of.---:.:.__..........._ 3S. 4.1. 9-4. 10.3. 11 Change of ................... ....... ..................... 12.1-12,4 Commencement o......................................... .... 23 definition of ...................... 1,12 CONTRA&OR- Acciiptance of Insurance .................................. 5.14 Communications .............. .... ........ ...' 6 ' 2. 6�9.2 Continue Work..,..--.------- -- ___ --- _ -6.29, 104 coordination and scheduling ............. ; ........ - definition ot......................................................1.13 Limited Reliance on Technical Data Authorized.,_,,.,,,.............. 4,12, May Step Work or T erm .mate_. provide site access to others,,,,,,,,,,,,,,,,,,,,,,, 7.2, 112 Safety and Protection_,.,,, ....4.3. L2, 6.16, 6: 18, ... ­ .................... &21-6,23, 7.21 111 Shop Drawing and Sample Review Prior to Submittal 0:25 vii Stop Work requirements ........ ................. ......... 4_5:2 CONTRACTOR's-- Ykiticle or Paragraph Number Compensation_ --------- ...... Continuing Obligation .................. .................. 14.15 Defective Work ............. ­ . ......... 13.11-1114 0 Doty to correct defectim Work .... .................... :11311 Duty to Report -- Changes in the Work caused by FmcTgency ...... ................ ................... ;6.23 Defects in Work of Others ..............................7.3 Differing conditions,,,,,,,,;,,,,;;,,........ ­ --- 7--4.2.3 Discrepancy in Documents ......... 2.5, 3_12 6.14.2 Underground Facilities not indicated__ ..... 4.3,2 Emergencies........_ ............ .......... ................ 0.23 RcIttipment and Machinery Rental, 'ost of the Work ... .............. :..; ......... 11,453 Fee -Cost Plus ..... ..................... 1174_5A 11.5:1, 11 -6. ,General Warranty and Guarantee;,, , ...... 6.30 Hazard Communication Programs,.. .............. ­1.1;0.11 Indemnification ------------------- �6_12. 6:16, 631_6.33L Inspection of the Work...._ ............ .......... _ 7.13, 114. Labor, Materials and Equipment... ......... 0.3-6.5 Laws and Regulation.,, Coupt ianceby__.,_,j6.l4, 1. Liability ......... ............. ;__.5.4. -Notice of Intent to Appeal ......................... 0.10. 10A obligation to perform and complete theWnrk....................................................6:30 Patent Fees and Royalties, paid -for by ................6.12 Performance andOther Bonds ............ ............ 5A Permits,,obtained and paid for by, ............. I ... ­11:0.13 Progress Schedule, .... .......... '16.1 8, 2A'.6.6: ...... -29. 104. 15.11 .116quest for formal decisionon disputes ............. i'.9; I I Responsibilities - Changes in the Work ------ ...... 10A Concerning Subcontractors. Suppliers and Others .....................................6, I Continuing the Work-, ........................ _6.29. 10.4 CONTRACTOR's expense ............... _ .......... ().7.1 CONTRACTOWs General Warranty and Guarantee ......................... ...... ....... 636 CONTRACTORs review pdor to Shop Drawing or Sample submittul------- A-21; Coordination of Work . ............. � 6.9,2 Emergencies .............................................. ti.23 ENIGINEERs evaluation, Substitutes or "Or -Equal" items ------------ ......... ­6. 7.3 For Acts and Omissions of Others 6 9; 1 -6 9 2, 9 13 for deductible am ounts. insurance .......... ......... 5.9 general ........................................ �, 7.2, 7.3, 8.9 Hazardous Communication Programs __ - 6.17 Indemnification, ......... ........................ 6.31-633 EJCMC GENEUL CONDMONS 1910.8 (t990 LDITION) W1 (ITY. OF FORT COLLINS NIODIFICA110Nh (RFV 9l99) I I Labor, Materials and Laws and Regulations.... 6.14 Liability Article or.Nragraph Nun&ir Notice of variation from contract Doc uiutints.......................... ................. A 27 Patent Fees and Royalties I ............................. 612 Perm its ... .......... — ........ ......... 6.13 ProgreSSLSchcduIe,..._._ _­,­­­.__� ..... ­1­:_1.__..j6A Record Documents ........... ........ ............. 6.19 related Work performed prior to ENGINEER!s approval of required submittals,--...... ................ . _.__628 .safe structural loading .................................6.18 Safety and Protection ..................... 6.20. 7.2, 112 Safety RcpTc=ntative.. ---- --------------- Scheduling the Work ................. ;..; .......... Z1.69,2 Shop Drawings and Samples ........................0.24 Shop;Drawings and Samples Review by ENTG INEE R ......... ......... __6.26 Site Clean.hnm-,,.L Submittal Procedures ............................... _fi.25 Substitute Construction 14cLhods; and Procedures.:-.--- ............:: A72 Substitutes and'OF-Equal" Items,,.,, ....... 'Stiperintendene,; ............................................ 6. 2 Supervision ................................................... 6.1 Survival ofb6ligations ................................6.34 Taxes _GA5 Tests an�d Inspections 13.5 ToReport ................................................... _;_5 Use Of Prcmisca_z , 6.16-6:1 S;r 6.30:2.4. ' Review Prior to.Shop Drawing or Sample Submimil ......... E ............ ...... Right to adjustment for changes in the Work ..... 10:? right to claim ------- _4, 7-1. 9-4, 9.5, 9.11, 10.:% 11 IlwSi, 121L 13.9. 14.3, 15.1, 15.5. 17:3 Safety and Protection,,,,,,,,,,,,,,,,,, 6.20-6.22, 7.2. 112 Safety Representative ........................................ 621 Shop Drawings and Samples Submittals.,.,6:24-6.28 Special Consultants-.,,.,,-_-- --- � 1 ------------- : - ­ 1 1.4A Substitute Construction Methods and Procedurcsfij Substitutes and "Or -Equal" Items. Expense;,,,,, ...... ........ _6.7.3. 6.7.2 .Subcontractors, Suppliers and Other.j___.69-6 11 Supervision and Superintendence,.,.,,., G621 Taxes, Payment,by ......... ............... ........ Use of Premises :_Ii]5 6.16-6.18 Warranties and guarantees,,,,,,,;,;,,, 6.5, 6.30 Warranty of Title....... _ ............. '-.'. ...... ........... 14.3 Written Notice Required -- CONTRACTOR stop Work or terminate ... 15.5 Reports of Differing Subsurface and Physical Conditions ... .................... 4.2.3 Substantial Completion ................................14.8 CONTRACTORS"other............................... ...... ... ­...7 Contractual Liability Insurance.:.... : A 10 Contractual Time Article or Paragraph Number Coordination— CONTRAcroRs responsibility ........... ............ P.9.2 Copies of Documents .............. ....................... ..... 2.2 Correction Peritxl...:...::::.:............:.:..........:::......13.12 Correction, Removal or Acceptance. of Defective Work-- in general _: ... ............................ 10.4.1, 13.10-13.14 Acceptance u[Deftetive Work;,,,,,,,,,,,,,,,,,, ,,,,,,J3.13 Correction or Rxinovat or Defective Work,,,,,. .............. _...6.30, 13.11 Correction Period,.,,,,...,,_,.._.,,.................. _1 3.12 OWNER May Correct Defective Work ------- _ 13.14 OWNER May.Stop Work.,, ..... ...13.10 Cost -- of Tests and fnspections, ......... ...... _ .......... ...... 13.41 Records 113 Cost oft he Work -- Bonds and insurance, additional_„ ...__ ........ 11.4.35.9 Cash Discounts,,,,, _ ................. 11.4.2 CONTRACTOR'S Fee V6 Employee Expenses.,-::.. 1.4.5.1 Eiclusions,to .....................................................1 L5 Generall 1.4-1 L5 1­16nic office and overhead cxpcnsc$.............. j 1.5 Lossesanddamages ........................... ' " 1,4.5,6 Materials and equipment ­ .......................... ... I I. Minor expenses,,,,,,,,,. ............... j 1.4.S.S Payroll.costs on changcs­.,------ performedby Sbbcontrac(9rs._,.... Records 117 Rentals of construction equipment ind machinery ---- ....... :t ........... 7 Royally paytrients;- permits and license fees 1.4.5.5 Site office and temporary facilities ................ 11.4.5-2 Special Consultants, CONTRACTOR's ............. 11.4.4 Supplemental_.-:..-.._........... 1.4,5 Taxes related to the Work-.......................... J�1,4.5_4 Tests and In spection—..... J 3.4 Trade Discounts 11.4.2 Utilities, fuel and sanitary facilities ....... ...... 11.4.57 Work after regular hours .............. .................. 11.4.1 Covering Work.:._: ....... I .... 4 ............ _ ............. J3.6-13.7 Cumulative kerfiedidc­ '­­ ­1 . .­­ . ... .. ­__17.4-0'.:1 Cutting. fitting and patching_,,_._:_ 7.2 Data, to be furnished hn, OWNER ............. ............... :$,3 Day -`definition of. ...................... . ­_­­ ...' I ....... 17.2.14 Decisions on Disputes ..................................... 9,11,9.12 defective —definition of ... ................ _ ............... _1,14 defective Work — Acceptance of.......................................10.4.1. 13.13 EJCDC GENMAL COND111ONS.1910.8 (1990 EDilloN) wfCIT.Y'OF FORT COLLftiS MODIFICA71014S (REV 9/99v I I I I I I I I III I I Id, I I I I I I I I I I I I I I I I I I I I I Corrociimi or Removal of .... ...... I ........ - 10.4-1, 13-11 Correction Period, ............. ;, ...... - - 13.12 in general, ....... __..... _ ...... 13. 14.7. 14.11 Article or Paragraph Number umber Observation by ENGINEER ................................ 9.2 OWNER May Stop Workk .......... 33. 10 Prompt Notice of Defecis..................................113.1 Rejecting_,_., ............ ........ _z ......... 9.6 Uncovering the Work ..................... _ ............... 13.9 Definitions I Delays ............... ...................... 4.1, 6.29, 12.3-12.4 Delivery of Bondsl, . .... .. . ............................. ..... 12.1 Deb very of certificates of insurance- ................ ........... 1).7 Determinations for Unit, Prices., ............................... 9.10 Differing Subsurface or Physical Coriditions- Notice of-.-___-...... .. : ............ ------- 4. '-;. 3 ENGINEFR's Review :4.-).-4 Possible Contract Docurnemui Chdnp* .............. 4.21-5 Possible Price mid Times Adjustments..............4.2.6 DiscrcpanciesmReporting and Resolving,,_,r --- 7: ... 33.2 6.14,2 Dispute Resolution- Agreemcnk; .............................................. 16;1-16.6 generall6 Mediation.........................................................16.6 Dispute Resolution Agreement .......................... 16. 1-16.6 Disputes, Decisions by FNGINIHER .......... ........ 9.11-9.12 Docum cnts-- Copiesof ...... ........ ........ _ ...... ................ ......... 2-2 Record 6.19 Reuse of Drawings -definition of,.,--:::: ;1 ..... ...... Easements A I Effective date of agreement -- definition of ... j. 16 Emergenci6s ----- ......... . . . . . . . . . 623 ENGINEER - as initial interpreter on disputes,,,,,,,,,,,,,,,, 9. 11-9.12 definition o(.................................................... . IA7 Limitations m authority and responsibilities,..,_ 9,13 Replacement of ......................... 7'. . ...... .... ......... 3.2 Resident Project Representative ...........................9U ENGINEER's Consultant ­ definition oK .................. 1,18 ENGLNEER's-, authority and responsibility, limitations on ­ 9,13 Authorized Variations in the Work,,,,,,,,,,,,, ork ............... 1 1915 Change Orders, responsibility for.,_-.9.7, 10. 11, 12 Clarifications and Interpretations ............... 3,63,9.4 Decisions on Disputes ......... defective Work, notice of .................................. 13.1 Evaluation of Substitute items ................ ..... q; 7.3 Liability ............. J I .3-, 9.12 Notice Work is Acceptable_ -_:_ ........ ---- __ .... 14.13 Observations ........................................... 0-90,2, 9;2 OWNBR's Representative...., .... ...1­1 ...... 11 ...... .... 9J Payments to the CONTRACTOR, Responsibility for:,..,....;,- ............ 9.9, 14 Recommendation of ;.__K4, 14.13 Articleor Paragraph Number Rdsponsibil itics- -Lim itutions on ................ ;9. 11-9.13 Review of Reports on Differing Subsurface and Physical Conditions�...:,,.,, ... ;1: ------------ 1.4.1-4 Shop Drawings and Samples, review responsibility..,-„,_.._- ................................. 6.26 Status During Construction - authorized variations in the Work- ................. 9.5, Clarifications and InterpretationR_., .......... 9.4 Decisions on Disputc§ ......................... T.. �?. 11-9.12 Determinations on Unit Price ENGINFER as Initial Interpreter___,-„ 9.11-9.12 ENCITNEERs Responsibilities .... ; .......... Z9. 1,9 I? Limitations an ENGINFERs AuthoHty and Responsibilities .......... ........ 13 OWNT-R!s Representative,,,,._ 9.1 Project Representative.,....._-_. ------------ 9.3 Rejecting Defective Work ..............................9.6 Shop Drawings, Change Orders and Payments ......... ; ...... ......... 9.7 49 Visits to Site ,_ 9.2 Unit Price determinations ................................. 9.10 Visit$ to Site .................................................. .... 9.2 Wrifteruconsen I t required ............................... 7.2,9.1 Equipment, Labor, Materials and ......................... 0.3-6.5 Equipment rental, Cost of the Work...._ ...... ....... 11.4-53 Equivalent %litterials and Equipment ......................... 63 error a omissions Evidence of Financial Arrangements',., ---- Explorations of physical conditions ,., ........ ............ 4.2.1 Fee, CONTRACTORs.-Costs Plus : .......................... 11.6 Field Order - definition of 1.19 issued by ENiiiN­]E'*R­*""""'_ 3.6.1. 9.5 Final Application'for Payment.,,, ;..;.14,12 Final Inspection ...................................................14.11 Final Payment - and Acceptance.... ............................... ... 14,13-14; 14 Prior to, for cash allownces General Provisions ......................... I 73w 1 T4 General Requirements -- definition of principal references to ....... ...... 1 1.6 5, 6.4, 6.6-6.7_6_24 GivingNotice --- :_ ............... ......................... _ ------- 17.1 Guarantee of Work -by CONTRACTOR_;_,-.,_ 6.30. 14.12 Hazard Communication Programs,,,,,,,,, .... �.22 I Nzardous Waste— definition of 1.21 general ----- -- OWNER'S responsibility for,,,,,,,,,,,,,,,,,,,,,, 8-10 EJCDC GMINERAL CONDITIONS 1910.8 (1990 Mr nom wt (3TY OF FORT COLLINS MODIFICATIONS (RF.V9199) I EXHIBIT 1 — REVISED BID TAB To all prospective bidders under the specifications and contract documents described ' above, the following changes are hereby made. Revisions to the Bid Tab: ' Revision to Section 202, Removals Line Item 202-00208 Remove Sidewalk (Special) Metal Sidewalk Underdrain - 1 EA is added to the contract. ' Revision to Section 210, Reset Structures Line Item 210-00010 Reset Mailboxes is removed from the ' contract. Revision to Section 420, Geosynthetics Line Item 420-005000 Geotextile (Paving) Subgrade Reinforcement is renamed 420-00300 Geotextile (Reinforcing) ' Revision of Section 601, Concrete Structures Line Item 601-0021000 Precast Wall Segment is removed from the contract. ' Revision of Section 604, Manholes and Inlets Line Item 604-00305 Inlet Type C (5 Foot) is removed from the contract. Line Item 604-50014 Type 13 Inlet Grating and Frame (Special) Double Type 13 — 6 EA is added to the contract. Revision of Section 607, Fences Line Item 607-60279 30 Foot Gate (Special) (Chain Link Double Swing Gate is removed from the contract. Revision of Section 608, Sidewalks ' Line Item 608-00060 Stone Pavers — 731 SF is the bid item that will cover all stone paver installations. ' Line Items 608-00061 Stone Pavers (Special) Type 1 — 635 SF AND 6008-00062 Stone Pavers (Special) Type 2 — 96 SF are removed from the contract. Line Item 608-00070 Interlocking Pavers (6" concrete bed) — 4634 SF is the bid item that will cover all interlocking paver installations. ' The following line items are removed from the contract: Addendum 1 — 7244 Linden Street Streetscape Page 2 of 24 I Indemnification .............................. 6. 1 ? 6.16, 6.31-633 Initially Acceptable Schedules,_,_,,,,, :,_.......... ..... Inspection - Certificates o(, .... ;_:J.13.4. 13.5. 14.12 Final J4.11 Article or Paragraph Number Special. required byENGINEER .........................9.6 Tests and Approval ....... 13.3-13.4 Insurance - Acceptance of, by OWNER_ ........................ _J. 14 Additional, required by changes in the Work 11 A.5.9 Before starting the Work .....................................2.7 Bonds and --in general ....... ­ .............. I ....... I., ..... ­5 Cancellation Provisions—— ............................... 5.8 Certificates of . ------ __­ _;17, 5, 5.3, 5.4.11. 5413, ..... *operations,-,.......... : ....... 5.6.5, 5.8. 5,14, 9.13.4, 14.12 completed *...... * .......... * ..... * .... * .... 5.4_13 CONTRACTOR-s Liability................................5.4 CONTRACTORs objection to coverage ............. 5,44 Contractual Liability-----.-_.........................-5.4.10 deductible amounts, CONTRACTOR'S responsibility ..... .......................................... 5:9 Final Application for Payment.: -._,... .... Licensed Insurers 53 Notice requirements, material change* ....... :5.8, 10.5 Option to Replace--- ........................ ................ 5; 14 other special insurances....................................5.10 OWNER as fiduciary for insurc4 .............. 5.12-5.13 OWNFR!s Liability .... I ....... ....................... I ...... ­3_3 OWNER's Responsibility ................................. .9.5 Partial Utilizatiorn, Proper-tv Insurance.., .......... 5. 15 Property.. ., ................ : ...................... : ...... Receipt and Application of Insurance Proceeds Special Insurance___ --- .............................. Aio Waiver of Rights.. ......... I ......... 5.11 Intent of Contract Documents .............................. 3;1-3.4 Interpretaticrts and Clarifications ..................... 3:6.3, 9.4 Investigations of physical conditions,,,,,,,,,,,,,,,,,, 4.2 Labor. Materials and Equipment .......... ........ : ------ y,3-6.5 Lands -- and Easements ?.4 Availability of .......................... ........... .. ..... :4.1, 8.4 Reports and Tests ....... : .................... .................. g,4 Laws and Regulations --Laws or Regulations -- Bonds................... __ ................................ 5.1-5,2 Changes in the Work ......... ........ ; ....... ­1 ...... ­­10.4 Contract Documents ................................... :-J" c0\LrrRACTQRs Responsibilities ..................... 6.14 Correction Period; defective Work .................... j 3.12 Cost of the Work, taxes ................................ 11,41.5A definition of .............. ­­­ 3:22 gencral6.14 Indemnification ............................. 631-6.33 Insurance -, 3�3 ........................... ......... * ........... ..... ............................ Precedence ...... _ ............ _3. 1, 13 Reference to Sfifetv and Protection :1620, 132 Subcontractors, Suppliers and Others ..... 6.8-6.I I Article or Paragraph Number. Tests and lrts*ctiors, .................................. 13.5 Use of Premises-_...:_ ... ................. .......... 6. t6 Visits to Site,---.----.._-...----'- ......................... 9.2 Liability Insurance— CONTRACTOR'S 5.4 OWNER'S 5.5 Licensed Sureties and Insurer4, ............... ......... ........ iJ Liens -- Application for Progress Payment .... ........ _ ....... 14.2 . CONTRAC'I'OR's Warranty of Title,,._,_,,,_,-„___„ 14.3 Final Application for Nymcnl .......................... 14,112 definition of,,,,,,,,,,,,,, I .......................... ... ... .... 1._?3 Waiver of Claims ............................................. 14.15 Limitations�on ENGINEER'S authority and responsibilities. .......... ............ :9.13 Limited Reliance by CONTRACTOR Authorized .............................. .........................4.22 Maintenance and Operating Manuals - Final Appli6ation for Piiymcnt,._,.._,._ . ....... _t4.12 Manuals (of officrs)-- Precedence Reference to in Contract Documcnts..................3.3.1 Materials and equipment - furnished by CONTRACTOR ............................... 6 _3 not incorporated in Work, ................................. . 14.2 Materials or equipment--c :1 qui ,------- :,0.7 Mediation (Optional),,,,, .... ....... ............ .......... ;_J6.7 Milestones--definiticin of .................................. ..... ).24 Miscellancous- Computation orrinics.... ................ ­7­ ........ _1 7.2 Cumulative Remedies 17. 4 Giving Notice ....................................................17.1 Notice of Claim .................................................17.3 Professional Fees and Court Costs Included 1.17.5 Multi -prime contracts.--_.--_._ .......... I ---- .... . ..... 7 Not Shown or Indicated.... .............................. ..... Notice of-- Acceptabilityof Project... ., ...... ........ 11 .......... Award, definition of . ........ ...... . ....................... 1_25 Claim............................................................ J.7.3, Defects,13.1 Differing Subsurface or Physical Conditions, ..... 24.3.3 Giving___ ...... :_ ---- ­;­_: ........ --- ; --- :..:-k7.1 Tests and Inspections, .................... I ................. ­133 Variation, Shop Drawing and Sample................6.27 Notice to Proceed -- definition o(.... ...................... ............... ........... 1.26 givingof ........................... ................................ 2.3 EJCDC CIENLRAL CONDITIONS 1910.8 (1990 LINTION) wt aiyoF FORT COLUN-i MODIFICA71ONS(REV 9091 I I I I I I 11 I I I I I I I I I I I Notification to Surety .... ............. ................... :........10.5 testing, independent .................. ,.,_..-,............... 13.4 Observations, by ENGINEER. _.- 6.30, 9.2 use or occupancy Occupancy of the W rk , ,,, 5 I5; 6 30 ` 4, 14.10 of the Wor ..... _,-. 5.1516.30 2.4. 14.10 Omissions or acts by CONCR,\CTOR .: 6,9. 9,13 written consent ca approval Open Peril policy Corm, Insurance-...................._...5.&21 required ......................................... 9.1. 6.3. 11.4 Option to Replace..... ................ .............................5.14 Article or Paragraph Number "Or Equal" Items......................................................6.7 Other work 7 Overtime Work --prohibition oF_.._... ..:.:......--- --- ----- 6.3 OWNER_ Acceptanceofdefectide Work! ... ................. 13.13 ' appoint an ENGINEER_.. as fiduciary,,. 5 12-5,13 Availability ofLanck responsibility,,, 4.1 definition of ............... __.......1............... _... _.._ 1.27 data, Furnish--" ...:....::.:.:..:......... ...... -.., ._- 8.3 May CorrectnefectNe Work;.,, ..............13.14 May refuse to make pays eni..... .... ........... ,,,.. j¢.7 May Stop the Work...., ..... ......... ........... May Suspend Work, Terminate--- ------. ---,-:., 8,8, 13,10. 15,1-15.4 Payment, make prompt ..................... R.3; 14.4, 14.13 performance of other work ................................. 7.1 permits and licenses, requirements,,,,,,,,,,,,, 613. purchased insurance'requiremen4::....:.....:.:5.( 5:10 OWNER'S-- ' tloceptance of the Work .................. ............0,30.2.5 Change Orders, obligation to execute,,,,,,.,,, 8.6, 4UA Communications 8.1 Coordination of the Work ................................... 7:4 Disputes, request for decision,,....._..............,,,,9;.11 Inspections, tests and approval},,,,,,;8:7. 13.4 Liability ' Notice of Defects.. ........ .................... ............. Representative --Dieing Construction, ENGINEER's Status...............................9.1 Responsibilities -- Asbestos. PCBs. Petroleum,.Hazardous Waste or Radioactive material.,..............8.10 ' Change Orders ................ ......9.6 _ Changes in the Work-:_ ...:......... .,.. .._. IQ.I communications.:....-.. _.8.1 COTNTRACTOR's responsibilities ................. 8'0 evidence of Financial arrangements.. ............. F.I I inspections, tests and approvals,_,_„ „ 8,7 insurance. .....................................................3.5 lands and easementg.................................... 8.4 prompt payment by,-. - I .. ...... 11 ........ ............. 8.3 replacement of ENGIN-EER..... _... --____--I ----- 8.2 report% and tests, , ... I ..... 1. .................... . ........ 8-4 stop or suspend Work ................ : $.8; 13.10. 15:1 terminate COAT RACTOR's services-------------------- _------;--;.._...... 8, 8. 15.2 separate representative at site ............................. 9:3 LJCW (-__NK(AL CONDITIONS 1910.8 (t990 N1110M wt nTY Of FORT.COLLINS NIODIFICA110M (AF.V 9l99). I Article or Paragraph Num ber written notice requimd ........ ;,., _ ........7.1, 9.4, 9- H, ....................................11.2 .......... ......11.2 11.9, 14-7. 15,4 PCBs__ definition of._ 1_29 general..................* ......... ...... ........... * ..... 4.5 OWNTEWS responsibility for-,......... ... ...... ....... B-10 Partial Utilization - definition general 6,30-2.4, 14.10 Property Insurance...,.. ­-, - ........ .. ........ 5,15 Patent Fees and Royalties ......................................... 6.12 Payment Bonds .................. Payments, Recommendation of----, ......... 14A-14 7, 14:13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments._., .. ........ .... 14.2 CONTRACTOR'& Warranty of Title ... ----- _ _ _J 4.3 Final Application for Payment * ......... i ......... J 4,12 Final Inspection,,,,,,,,,, .._... .......... ............. 14.11 Final Payment and Acccptanu�: ...... 14.13-14-14 general..... ........................... ................. 8.3,14 Partial bifization_ 14.10 Reta inage....................... .................................. 14,2 Review of Applications for Progress Payments ........ I ........ :___._::__,J4.4714.7 prompt payment,..,....... . ........... Schedule of Valuek ................. ......................... Substantial Comp!etior,, ................... ......... 14.9-14.9 Waiver of Claims . 14:15 when payments du,; ................................ 14A, 14:13 withholding payment 1 .......... ......... ­1 ........ I ......14.7 Performance Bondi S. I-i" Permits ........ Petroleum - definition of ................................. ................ _J-30 general......... .... _.: ............. .............. .......... _4:5 OWNER's responsibility for_.. .......... .......... I0 Physical Conditions -- Drawings of in or relating IQ ......................... 4-2 1.2 ENGINEER's review.........................................4.2.4 existing structureS ---- ----------- ___­.__._�__­ ­­4. general 4.11,1,2... .......... .......... _ ...... .......... Notice of Differing Subsurface or ....... .............. 4.2.3 Possible Contract Documents Change . ....... ....... 4.2,5 Passible Price and Times Adjustments ......... _.4.2.6 Reports and Drawings ......................................4.2.1 Subsurface and 4. 2 Subsurface Conditions _42. 1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized 2 Underground Facilities" general........................................ .............. 4.3 Not Shown or fndictted ------------------- --------- :412 Protection of .............. ................. 4.3.6.20 Article or Paragraph Number Shown or Indicated ......:.:......::.:.::..:.:...:::..........I_. ............................I_. 4,3. 1 Technical Data .............. ................................. +2_2 Preconstructi6n Conference ...................... ................ 2.8 Preliminary lAktas . . ..... ­­1 2 ------- Preliminary Schedules, ........... :.2,6 Premises, Use of .... ... ... ­ I ................................. 6. 16-6. 18 Price, Change of Contract ' ........ * .................. I I Price, ConLracr--de6nitioT'1oi­ 11 Progress Paymm, Applications --------------- J 4,2 Progress Payment--retiainage­.. ......... ................ I . 142 Progress schedule, 90NTRACTOR',u .......... 1 0. 2:8, 29. .................... 6.6, 6.29. 10.4, 15.2.1 -ProjecI"definition of ,-- '--' - - ­­- ­ --- ­ -­ -1'-1-31 Project Reprcsentativ e-- Status During Construction...,_..-„ 9.3 .ENGINEERs Project Reprcscntativc..Resident--derinition of,, ------ . 1.33 prompt payment by OWNFR .... ......... ; ...... 4:3 Property Insurance7- Additional . ....................................................... i, 7 generaI5.6-5:10 Partial Utilization. ,._-, -------- 14.10.2 receipt and application of proccedq ........ 5-12-5.13 Protection, Safety and„ r ......... - ...... 6.210421, 13.2 Punch list ....... J4. I I Radioactive Material— c1cfintion QC genera14.5 OWNPR's responsibility for .............................. $. 10 Recommendation of Payment ................. 14.4, 14.5; 14.13 Record Docurntrits;­... . ...... ­.­­ .............. ...6-19, 14,12. Records; procedures formaintaining .......................... 2.8 Reference Points Reference to Standards and Snecificatioris of technical Societies.,.,.,.,,, .......... ............. _33 Regulations, Laws and (or) ......................................6.14 tZejecting Defective Work- -------------- 9,6' Related Wcrk=. ,at Site ............................ _ ........................... 7.1-73 Performed prior to Shop Drawings and Samples submittals review,. ............. Remedies, cumulative-' ­ -­ 175 Removal or Correction ofDofective Work .............. _13.11 iental agreements, OWNERapproyal required, ... 11.4.53 replacement of ENGINEER, by OWNER ... . ............... 8.2 Reporting and Resolving, Discrepancies ................................. 2.5. 33.2 6.142 Reports -- and Drawings.....,_....::... --------- 4.2.1 and Tests, OVVNM's Resident and Project Representative_ definition of.....................................................1.33 provisionfor ............................................................9.3 Xii EJCDC GENLILAL CONDI TIONS 1910 4 (1990 MITION) wl CITY OF FORT COUNS MODIFICATION'S (REV 91991 I I I I I H I I I L I I I I I 1 711 I I I I I I I I 11 I I I I I Article or Paragraph Number Resident Superintendent, CONTRACTOR!$- ............. 6,2 Responoibilitic:;­ CONTR.ACTORs-;Ln general ..................................6 ENGINEER's-in general.......................................9 LimitaLians on.............................................9.13 OWNER's-in general ......... I ... ; ­­ ........... ........... Retainage ................ ­­ :1­.­ ...... .. ....... ...... k4.2 Reuse of Documents,. ..................­­ .................. , 7 Review by coNTrRAcTOR: Shop Drawings and Samples Moir to Submittal .......................... 6-25 Review or Applications for Progress Payments ....... ** ........ .... 14.4-14.7 Right town adjustment...........................................In?- Rights of Way --- .............. ---- - --------- ............. ... 4.1 Royalties, Patent Fees and;,;.,,...:............................6.12 Safe Structural Loading ..........................................6.18 Safety — and Protection ....... ............. 4.3.2, 6.16, 6. 18, -- ------ 6.20L6.21. 7.2. 13.2 general.................. I ....... ....................... Representativc,CONTRACTOR's .......... ........ Samples— dcfiiitition a(,,. ........ :­,.­-..­­;;­ ........ .... 1.34 general........................ ............................ 6.244-1 Review by CONTRACTOR ................................ 6.45 Review by ENGINFER ...... ............ ... 0,26,6.27 related Work qM -submittal of,,, ................ ..................... 624.2 submittal proccclurc4 ......................................... 0.255 Schedule of progress, ... . 2.8-119. 6.6, -6. 229. 1.0.4. 152.1 Schedule of Shop Drfiwing and Sample Submittals 6.24-6.28 Schedule of Values Schedules -- Adherence to 15.2.1 Adjusting,.,,,,,,,,, ........................ . 6.6 Change of Contract Timc4... .............................. 10.4 Initially Acceptable.,,.,.--..__... .. ............. ­.1.8. 2.9 Preliminary........................................................2.6 Scope of Changes . ...................................... 10.3-16.4 Subsurface Condit -ions., ........... ­­ ...................... 4.2.1.1 Shop Drawings -- and Samples, general ................................. 6.24-6.28 Change Orders & Applications for Payments, and.. -------- ....... 1-.9,7.9.9 definition 35 ENCRNFEWs approval of.................................3.62 ENGINEER's responsibility for review.,,.,.- .... ........... �9.7; 6 �4-6.2S related Work....,.. ----............. --------- ............. ­ .28 review procedures ..................... .2. N, 6.24-6.28 Article or Paragraph Number submittal reqdired ...............................................624.1 Submittal Procedures ............. .................. ........ 6.25 use to approve stibstitutions..- ................ ......... 6.7.3 Shown or I ndicated a.3,1 Site Access ................................... .................. 7­1 112 Site Cleanliness 17 Site, Visits to — by ENGINEER,._ ....... ...... :­­­:­92. 13.2 by others................ ......................................... 13,2 .spc.cia [,causes of loss" policy form, insurance ­: . . . . .. .. .. . . . ... definition of .................. ---- ­- J-36 Specifications— defiriation of- ............................. ........ ­.; ....... 1.36 of fechnical Societies, reference ­ ­33:1 precedence.., .......... ........................................3.3.3 standards and Spicificiitions of Technical Societies, ......... .................... 3.3 Starting Construction, ristruction, Bef6re ' ............ .... ....... ­15-2.8 Starting the Work ................._....._........-._-.-----.-._.A Stop or Suspend Work -- by CONTRACTOR ............................. .............15.5 by bw,4ER.­, ....... :; ............ ::­­:.:­8.8, 13.1f1, 15:1 Storage ofmaterials and etliii mefit., .......... I P ­1 .... 4 1,7.1 Structural Loading, Safety ........................................6.18 Subcontractor — Concerning ...... ............................ ....... ­.15.8-6. 11 definition of, * .... * ...... * .... ....... * ............................. 1:37 delays� ...........................................................113 waiver of rights,;,,,,,,, ...................................... fi . I I Subcuntructurs.-in gcncrsJ'­,.- -; ......... : ............. 6.8-6.11 Subcontracts -required provision* ........ 5.11, 6,11, 114.3 Subm ittals" Applications for Payment ................................14.2 Mainicnance and Operation Manuals ...... ........ 14.12 Procedures ............ ............... .............. ­­ ......... 0:25 Progress Schedules ...................................... 2.6.2.9 Samples ... ...................... ........................ 6.24-6.28 Schedule of Values ........... 2.6,, 14.1 Schedule of Shop Drawings and Samples Submissions Shop Drawings .............................. T ...... ... 6.24-6.28 Substantial CompleLion— certificHtion of :....................I..... 6.30.2.3, 14.8-149 definition of Substitute Construction Methods or Procedure$ ........ 6.7.2 Substitutes and "Or Equal" items ............. 6.7 CONTRACTOR'S ENGINFER`s Evaluation 6.7.3 "Or -Equal ..................................................... 0.7.1.1 Substitute Construction Methods LK:W OLNI-RAL CONUMONS 1910.3 (1990 EDITION) W/ (ITY OF FORT COLLINS MQ1)MCAT7(M (RFV 9199) I Ar ticle or Paragraph Number or Procedures .............................................6.7.2 Substitute Items Subsurface and Physical Conditions -- Drawings ci; in.or relati3l; to .... .................... 4.2.1,2 ENGINEER's Review 4.2.4 general...... .................... .i .......... ......... Limited Reliance by CONTRACTOR Authorized 4,2.2 Notice of Differing Subsurface or Physical Conditions..,:..., .....: Physical Conditions ........ ._: ............ . . ....... __4_11.2 Possible Contract Documents Change...............4.2.5 Possible Price andTimes Adjustments ................ 4.2.6 Reports and Drawings ........ I_ __ - - _ ____ - ...,4.2.1 Subsurrace and, ......... ;.. . ...... M ..... ­1 ...... ....... A ...... 4-2 Subsurface Conditions at the Site 4.2.11 Technical Data .................................................4.2.2 Supervision- CONTRACTORs I OWNER shall not supervise,,,,,,,,,,,,,, 8.9 ENGINEER shall not supervise;,,,,,,,,,;,,,,, 9.2 9.13.2 Superintendence.. ........ ........... Superintendent, CONTRACTORS resident .............. :62 Supplemental costs . ............................ I .............. ...I 1.4'.5 Supplementary Conditions -- definition 6( .....................................................1.39 principal references to .................J.10. i. 113. 2.2, 2.7. ....................... a.2, 4.3. 5- 1, 5. 3, 5.4, 5.6-5.9. ................ 5.11. 6.8, 6.13. 7.4; 8: 11, 93, 9. 10 Supplementing Contract Documents.__ ..... ... Supplier -- definition of, ............................ ; .................... _1140 principal references to ........... 3J, 6.5, 6,8-45. 11. 6:20, Waiver of Rights ..... ...... ......................... 6.11 Surety - consent to final payment ......................... 14.12, 14.14 ENGMER has no duty to ................... ............ 9.13 Notification of�......................._........MI, 1Ot5. 15!2 qualification of ............................................. 5.1-53 Survival of Obligations .......................................... 6.34 Suspend Work, OWNER May ....................... 13.1u, 15.1 Suspension of Work and Term ination-,., ............. 15 CONTRACTOR May Stop Work or Terminate : ............... ........... ......... 15:5 OWNER May Suspend Work......--` ... ... .... 15.1 OWNER May Terminate ....... :.L'­ --- .... ­::..15:2-15.4 Taxes--Payqnent by coNTRAcrap ........................6.15 Technical Data - Limited Reliance by CONTRACTOR _, ............ 4.2.2 Possible Price and Times Adjustments_------,,,_. 4.2,6 Reports of Differing Subsurface and Physical Conditions„ ......................_ ....... xiv Tempororyconstruction facilities ._ ........................... 4-1 Article or Paragraph Number Termination - by CONTRACTOR _.. .......... I ............... ...... .....15.5 by OWNER ...................... ........ ........ �.8. 15 � 1-15.4 of ENGINEER'S employment ............................... 8.2L Suspension of Work-in general .............................15 Terms and Adjectives,___._,.,., ............. ____ .... J4 Tekts and Inspections -- Access to the Work, by others ........................... 13,2 CONTRACTOR's responsibilities,,,,,,,,,,,,,,,,,,,„ 13.5 cost of 13.4 covering Work prior to .............. ........ _._13-6-13-7 Laws and Regulations (or) ................................ 13. 5 Notice of Defects,, ............................................. 13.1 OWNER %by Stop Work ............. ........ 13J0 OWNF R's independent testing .......................... ji4 special, required by ENGINEER� .............. I ...... I ... 9-6 timely a noti requii d, ............ - c e .... ....... ............. 13,4 Uncovering the Work, at ENIGD =-�s request --- --------- ............ 'rimcs-- Adjusting ..................................... ................ 6.6 Change of Contract.;- ... : .... ............. :_ ------ 12 Computation of- ....... 1.11.1.1 ....................... ....... .17:2 Contract Tim es--defaiiiian of ........................... j, 12 day ......................................................J7.2.2 ... * ....... * ............... J7.2.2 ,Milestones ..........................................................12 Requirements -- appeals........................... ............ ; ......... 9,10, 16 clarifications, claims and disputes,., ...... 9. 11. 11. 21 12 Commencement of Contract Times ........ I ...... ;-2-3 Preconstruction Conference schedules .................................... ..... 2.6, 2,9, 6.6 .Starting the Work._. ­_2A Title, Warranty Df'7­0 ... ...... .................. ........ 14.3 Uncovering Work ............. I ............................ Underground Facilities, Physical Conditions - definition of....................................................1.41 Not Shown LT Lndjcat6d__,_,_..__, ...................... 4.3:2 protection of .................................. I .......... 4.3,6.20 Shown or fndicated .........................................4.3.1 Unit Price Work - claims 1 1.93 definition of ................... 1.4-1 genera 1] 1.9, 14.1. 14.5 Unit Prices— g5ne.ral 11.3.1 Determination for 9,10 Use of Premises ................................. 6.16, 6.19, 6.30.1-4 Uti I ity owners ........ ....................t. 13, 6.20, 7.1-7.3, 13.2 Utilization. Parti-al;___ 1. 28, 5.15. 6.30.2.4. 14.10 Value of the Work .......... 11-3 Values. Schedule of .......... ....................2.6. '.8 -2.9. 14.1. EJCDC (IIENEILAL CONDI [IONS 1910-8 (19W MMON) wl CITY OF FORT COUTN'S MODIFICAITONS (REV 91IJ91 I 7 I I I I I I I F-I L-1 11 I I I I I Variations in Work--Nfinor Authorized _.6r25j 6,27, 9.5 Article or Paragraph ,Number. Visits to Site --by ENGINEER ................................... 9.2 Waiver of Claims —on Final Payment,,, ... Waiver of Rights by insured parties ....... 714.15 .......... �J 1; 6,11 Warranty and Guarantee. General --by CONTRACTOR ............................................ __0.30 Warranty of Title, CONTRACTOFVs .......... Work -- Access to 1.3,7 byothcrs............................................................... 7 Changes in the ... ......... ­—I.I....' .......... ­-­ .­­Y) Continuing ........... ....................6.29 CONTRACTOR May Stop Work or Terminate:_ .............. .......... ................. 15.5 Coordination of _..].4 Cost of the,.; ... ; ...... ........... ..... ............. ) I '4_ 11,5 diftnition of... ..... •... I ........ ­­ ......... I .... I ......... ­1.43 neglected by CONTRACTOR ............................ 13,14 other Work 7 OWNER IMay Stop Work ....................... OWNER May Suspend Work_... ............. j3.10. 15,1 Related, Work at Site ............................ : ........ 7.1-7.3 Starting ........ Stopping by CONTRACTOR _, .... :­ ........... Stopping by OWNER ................................. 15.1-15.4 Variation and deviation authorized minor ........... 3:6 Work Change Directivc— claims pursuant L.............................................10.2 definition of ...... .............................................. 1.-44 principal references to ....................... 3.3.3, 10.1-10.2 Written Amendment. - definition ....... 145 principal references to ............... 1: 10, 3.51 5,10.15.14 ................. ...... 0.6.2 ' 6.S.Z 6.19, 10,1, 10.4, ..........A 1.2 111. 13.12.2, 14.T2 Written ClarifiCations and Intcrpretati I ons .................................. 3.6:1.9,4. 9.11 Written Notice Required — by CONTRACTOR' ; ............................ 7.1, _* ---- - -- ------ - * ...... *'*"" 10.4, by OWNER ..................... 91 10-9� 11, 10A, 11-2, 13-14 XN EJCDC (ENERAL CONDMONS 1910-8 (199(1 MIT10,%D %v/ (TrY Of FORT COLLINS NIOD[FICATIOM (REV 91"1. I t (This p4c Icft blank iotcntiumslly) I 1 11 I I 1 I 1 1 I :m L'1CUC,C.ENLR-kL CONDITIOM 1910-8(1990 RMIGN1 ' wt QTY OF FORT COLLfNs MOMT-ICA'QONS (RF.V MO I I t 11 1 GENERAL CONDITIONS ARTICLE 1--DEFUVITIO\S Wherever used in these General Conditions or in the other. Coritmcr Documents the following terns have the meanings indicated which are.apphcable. to Hutt the singular and plural thereof- I.I. Addenda -Written or graphic irearuments issued prior to the opening of Bids which claiify, iorcct or ,change the Bidding. Requfrcmmits or the, Contract Documents 1.2. Agrvemerut-Thc.writtenamtract between0W.NFR :and CONTRACTOR covcini; the Work to be performed; other Contract Documents areanaehed to the Agreement and made a part thereof as provided therein. 1.3. 4ppplicauon for Papwwnt-Thc torm.acceppted by ENGINEER which is to be used by COt4TRACT09 in requesting progress or final paymcriwand which is to be accompanied by such supporting documentation as is requircd,by the Contract Documents. 1.4. Asbestos-Arw material that contains more than one fncirentasb�•attts and is friable or is relemirig ashistos fibers. .into the air above curem.nction levels esmhlished by the Clnitcd States bctupational Safety, and Health Admuristiation. 1.5. Bud -The offer or.proposal of the bidder submitted on the prescribed form setting forth the prices for the .Work to be petfarmed. 1,6, Bidding, Docivnmrs-The advertisementor invitation to Bid, instructions to bidders; the Bid form;, and the, proposed Contract Documents (including at Addenda issued prior to ieceipt of Bids): 117.. Ridding Reyuirementc-The .advertisement or invimtionto Bid, instructions to bidders, and the Did form: IX Bondr-Perfcrmance,and Payment bonds.und other instruments of security: 1.9. Change (Mier -A. document recommended by L GRTM-R. which is: si&wd by CONTRACTOR and OWNER and authorizes an addition deletion or revision in the Work, o' an. adjustment in the Contract Price or the. Contract Time; issued im cr after ihc'Effective Date of the Agreement 1.10. Contruct Doaiun 6-Tht tkgreemerrL Mdenda. (which pertain to the Contract Documents); CONTRACI'OR's Bid (including documentation ao:ompanyingthe. Bid and any post'Bid documentation Submitted prior to the Notice of Award) when attached as an exhibit to the agreement the Notice to Proceed, the Bonds. these General Conditions. the Supplementary Conditions, the"Specificarioas and the Drawings.as the F.nCDCOEN'IRALCON MOMS 1910E 099(1 6,66m) wr CITYOF FORT COLLINS MODIFICATIONS (REV Inaila) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives. Field Orders and ENOMER's written interpretations and clarifications issued pursuant to pamj;mphis 3.5. 3.6,1 and 3.6.3' on. or utter the Effective Date of the ,agreement. Shop Drawing sumiittals approved pursuant to paragaphs 6:26 and 6.1-7 and the reports and drawings referred•lo• in paragraphs 3 2.1 and 4.3:2 are not Contract Documents, 111. Contract Price -The moneys. payable by OWNER' o CONTRACTOR for MPletion of the Work in accordance with the Cnmmct Mcuments as stated in the Agreement (subject to the provisions of pnmgmph 1 1.9.1in thecase of Unit Price Wort:), 1:12: Contract Times -The numbers of days or the .dates stated in the Agreement (i) to achieve Substantial Completion, and (i) to complete the Work so that it is rcidv for finial payment as evidenced by INGINRI'R's written recommendation of final payment in accordance with pnmgmph 14.11 1;13. C'OMMAC•TJR-The person, fun 4,c4pocation wiih whom OWNER has cntered'intothe Agrcanent 13.4. &facrive-An .adjective ,which iwhcn modifying the word Work refers to Work that is unsatisfactory, faulty, or deficientin that it does notconform to the Contract Documents, or does, not meet the .requirements of any inspection, reference standard, test on approval ieferred to in the Contract Documents, or has. been damaged prior to ENGINEER's recommendatiow of final payment (unless responsibilityfor,the protection thereof has been assumed by OWNER at Substantial Completion in accordance with pangmph,14.8 of 14.1,0), 1.15: Draivtirgs-The drawings which show the scope, extent and chuacter.of the Workto be furnished and performed by CONTRACTOR and which have been ttrepered or'approved by ENGINEER' find are referred to in the Contract Documents.. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the lgreement-The date indicnted'in the Agivement on which it becomeselleuive but if no such date is indicated it means the date on whicli the Agreement is sipied and delivered by the last of the two parties to sign and deliver, 1.17. EVC/NEER-The person, firm or corporation mimed as such in the Agreement. 1.19' EyGMTER's Considta it -A person firm or 1corpon tion having a contract with ENGINTEER to runtish services as LNGIlc1LER's independent professional associate or consultant with,mVect to the Project and who is identified as such in the Supplementary Conditions. 1,19. Field Order=A written• order issued by ENGMEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does notinvolve- a changeset the Contract Price or the Contract Times., 120. General Requipvtnents-Sections of Division I of the Specifications- 121. Hasardbtd wasm—The tern Ilazerdoius Waste shall have the meaniig provided'in Section -1604 of die Solid Wave Digwsal Act (42 USG"Section 6903) as nmended from time to tune. 122.g: Lams and Regulations: LaxS or Regulations --Any and all applicable laws, rules, rrpu4tti�ans. ordinances. erdles and -orders of any and all goJammcnutl bodies, agencies authorities and worts havirgjurisclicliom I.22.11 Legal Holidays-shall lie those holidays observed b4 the Ciry of Fort Col [irk 1.3. Liens —Liens, charges, security interests or encumbrances upon.real propiriy or personal property. 124. Milestone —A prindipal event specified in the Contract Documents relating to an intermediate completion date or ,time prior to Substantial Completion of all the Wark. 1.254 Monce of,twmzt-A written no, ice by OWNER, to, theapparcrti successful hiddcf sbtirrg that upon compliance by -the apparentsuccessful bidder with the conditions precedent enumerated therein, within the time specified, OWNER wM sign anal deliver the Agreement. 1,26. Notice to Proceed —a written, notice given by OWNER to CONTRACTOR (with a copy to, ENGINEER) fixing the date on which the Contract Times will commer= to•run and on which CONTRACTOR shall start to .perform CONTRACMR'S obligations under the Contract Documents. 1.27. 0114NER—The public body or authority, aauuppocura�lron nssociatiorL finn or person with wham CONTRACTOR has entered into the Agreement and'for whom the Mork is.to be:progided . 1.28. Partial Utilization —Use by OWNUs _ of a :substantially completed part of the -Work- for,the purpose fa which it is inwnded (or a related purpose) prior to Substantial Completion ofall the Wark I =9. PCBs —Polychlorinated biphenyls. 1.30. Perroleron--Petroleum, including crude oil or arty fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per squareinch absolute), such as oil, petroleum, fuel oil oil sludge. oil refuse, gasoline, kerosene .and oil mExoad with oilier non-IlazardausWastes and crude oils. 1.31. Project -The total construction of which the Work to be provided under the Contract Documents maybe die whole or a pan as indimted elsewhere in the Conha0 Dowmerits 132.a..Racfiourtrcy Alatenal-Source. special nuclear: or byproduct material as defined by the Atomic Energy Act of EA:UC OED7l;R,1L CONUITTONS 19 t n-a 1(J9a Etitiml ar MY OF FORT COLLINB M011WTCATiONS UWY d0000) 1954 (42 USC Section 2U11 at seq:) as amended fruit time to time: 132.b, Regular Vorkine Nowt -Regular working hours are -defined as .7100arn-.io 6{10am unless oLhenvise specified imthe General Requirements., 1.33. Resident Project Repivsentative-'The authorized representative of L;VG1V"EER who may be assigned to the site or;any pail themof. 1.34. Samples —Physical examples of material••; equipment, or workmanship that are representative of some- portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35: Shop Droxings—All -drawings,, diagrams. illusiratiuns schedules anil other data or information which are Rspxeeitically prepared or assembled by or for. CONTRACTOR and submitted by CONTRACTOR to illustrate sonic portion of the Work. 136. Speco'catlorrs—'rhose. portions ofthe Contract Documents contesting of written technical descriptions of materials, equipment, co nstructiojn systems, standards and woirkmartship as applied' to . the Work and certain administrative details applic�ahle thereto: 13T Stkeontractor—Art individual, firth or corporation having adireci contract with'CONrRACTOR or with any othcr'Subcomrictor for,die.per&xmanoc of a part of.the Work at the site 1.38: Substantial C.amplition-=The Work for a specified part thereof) has piogretsed to the point where; in the opinion of FNMNEFR' .as e'vtdenc d by ENGINEER's definitive certificate of Stbstmial Completion„it is sufficiently complete, in accor6racd with the Contract Documents, so,that the Work (or specified part) can be utilized for the purposes for which it is intended;. or if no such ceitifuxae is issued. when the Work is complete and ready for final payment as evidenced by ENCrINF.HR's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially cam'plete" and "substantially completed" as applied toad or part of the Wort: refer to Substantial Completiontherebf 139. Supplementary Conditions -The part of the Contract Dacuments which amands or supplements these General Conditions, 1.40. Supplier —A manuf cturc, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with. any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. (Indergrmard Pacilities—All pipelines, conduits, ducts, cables, wires manholes,' vaults, tanks tunnels or. other such facilities or attachmcnts,,and any encasements containing such facilities which have been installed undergound to furnish any of the following services or F I I 1 1 1 1 1 I I I materials: electricity, gases, steam. liquid' petroleum Products.- telephone or other communications, cable television, sewage and drainage removal, traffic or other coRitrol systems or water. 1,42' Uidt Price Wort: —Work to he paid fir on the hgsii of unit prices. 1.41 World —The entire completed construction of the various:sepanociy identifiable ppaertrts thereof required to be furnished under the Cintmct Doctmlents. Work includes — . of. . . -... _. umd is rife result of pxrfoiming or furrtishirtg labor end.. fuinishintg and mcorpomting materials and equipment into the construction,and performing or Gurushirm services and hu-nidiing, ducuments, all as required* by the Conmuct DoarmuLLc 1-44.. Mork Change Directive —A written directive to CONTRACTOR issued an or alter the ElTeetive Date of the Agreement and signed by OWNER and recommended by ENGINEER. ordering an addidon. deletion.ur revision in the Work, or responding to differing. or unforeseen' physical conditions under which the Work is to .be performed as pxoyided in paragraph,13 or , or to emergencies . trader paragraph 613, A Mork Change Directive will not c hangrthc Contract Price outhe Contract Times, but: is evidence,that the tunics e.�ot that the' change directed or documented by a Work Change Directive will, be incorporated in a: subsequently issued Change Order following negotiations by the panics as to its effedr; if any, on the Contract Price or Contract Times as provided in Paragraph'1Q2. 1.45- Wnnwi Amenrbnent uTittcn amendment of the Contract Documents, signed by 0A 7 and CONTRACTOR on or after the Effective Pate of the Agreement and normally dealing with the nonongineering or rtomochnical' rather. than strictly construction -related .aspects of the Controet.Documents. ARTICLE 2—PRELLVIIINARY MATTERS Defire*` ofBonek: 2.1, When CONTRACTOR delivers the executed AgreemenLs to OWN M- CONTRACTOR -"IF .also deliver 6 OWNER such.Minds as C\7NTRACTOR may be required to furnish in accordance with partig aph5,1. Copiev of Documents:., 22 OMC-Rshall fumishloCONTRACTOR uptoten copies (unless. otherwise specified in the .Supplementary Conditions) of the Contract Documents as are reasonably necessary for'the execution of the Work. Additional copies frill be furnished upon request, at the cost of reproduction. Commencement afContractTimev; Notice to A-oceed 23. The Contract Times will commence to run on the thirtieth day.aficr the Effective Data, of the Agreement; or, FJ 10CQENERAL CONDITTONS 191 U-9 f 19Rt1 Etfitiml. %I aTY OF FORT COLLI NSMODIFICATIONS tRhV V:Oa(J) if a Notice to Proceed is given• on the day indicated fit the Notice to Proceed: A. Notice to Proceed may be givemat any time within thuty clays tiller the Effective Date of the Agreement.��.�,.ay�nt—will--$tu--rtFrxut .Re!r-Ihe-days t>F•(3idope�ine-or-the-thirtieth•deyFefteFthe•Effectiva•(�tte oFl}te : ern art;-whieharer-date-isroarlierr Starting the Work: '2.4, CONTRACT OR shall strut to perform the Work on the [late when the Contract Times commence to run. Kit no Work shell he done at the site prior to the date on which the Contract Times commence to rut Before Starting Coastmerion: 2.5. Before undertaking each part of the Work. CONTRACTOR shall'carefully study and compare the Contract Documents and check andverify pertinent Ggures shown thereon and all applicable Geld mensuremerns CON kroR shall promptly report.in writing to FNG NMIZ anyconflict, error, ambiguity or -discrepancy which (X)N7•RACrOR may discover and shall -obtain a written interpretation or clarification from ENGTNEER before pra:ceding with any Work affected thereby, hotvevor- eoNrl .ACTOR. shall not'he liable to OWNERor FNGTNF,ER for failure toToport airy contlicq error, ambiguity or discrepancy in the Contract fkxarments, unless CONTRACTOR knew or reaauabiy should have known thereof. 2.6. Within ten dayx aticr the Effective' Date. of the Agreement (unless _otherw u specified in, the General .Requirements); CONTRACTOR shall submit to LNGINEERfor review; 26.1, a preliminary progress schedule indicating the times(nurnbers,of days or dates) f6r starting and completing the various stages of the Work; including any Milestones specifiedInthe Contract Dotxinierits; 2.6.1 a prelimiiary schedule of Shop Diawing and Sample submittals, which. will list "each required submittal and the times for submitting, reviewing and processing such submittal; 2:6:2.1. In no -case wfll a schedule .be aced ble which allows less than_1 calendar days for each review by Emuneer. ? 6.3, A prclvmauq- schedule of values fur all of due. Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts insufficient detail to serve as the basis- for progress payments during, construction. Such prices will include un appropriate.amoum of overhead and profit applicable tv each item of Work, 17; Before any Work at the site is. stanrol CONTRAC:foR and F3143FgF, shall eaeh deliver to the ather OWNER with copies to identified -ire ENGfuE M, • 608-00071 Interlocking Pavers (Special) (Muster K, Winter Blend — 1697 SF • 608-00072 Interlocking Pavers (Special) (Random Old Town Blend — 1347 SF • 608-00073 Interlocking Pavers (Special) (Square Winter Blend — 621 SF • 608-00074 Interlocking Pavers (Special) (Herringbone 3-Tone Brown) — 609 SF • 608-00075 Interlocking Pavers (Special) (Soldier Course Light Brown) — 360 SF Clarification on General Conditions Correction Period Specification: A. The Supplemental Conditions item SC-13.12 does remove the City of Fort Collins standard correction period contract language 13.12. The City is adding a line item specific warranty period of 2 years to all concrete flatwork on the project through this addendum (see below). B. There is also a 2 year landscape maintenance period line item which will require the contract to remain open for two growing seasons after the completion of the project. The City will release a percentage of the retainage upon completion of the project for all non -landscape related installed items. Revisions to the Project Special Provisions : A. Revisions To Section 202 — Removal of Sidewalk (Special) Remove Metal Sidewalk Chase — 1 EA Remove Sidewalk Chase — 1 EA includes all materials and labor required to remove the 14' long x 2' wide metal sidewalk chase cover and concrete foundation. Payment will be based on EACH measured quantity B. Revision to Section 604 — Type 13 Inlet Grating and Frame (Special) Double Type 13) — 6 EA Type 13 Inlet Grating and Frame (Special) Double Type 13 — 6 EA includes providing the necessary labor for installing double type 13 inlet grates and hoods. The grates and hoods will be provided by the City of Fort Collins, but must be picked up by the Contractor from the nearby Streets Facility (625 Ninth St, Fort Collins). The concrete curb head at the inlets will be measured separate as concrete curb and gutter across the length of the inlets. C. Revision to Section 412 — Correction Period for Concrete Pavement REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT Section 412 of the Standard Specifications is hereby revised for this project as follows: Addendum 1 — 7244 Linden Street Streetscape Page 3 of 24 , certificates of insuranc- •• additional-mewred-may equeSt "qu ested by OWNER) which CO�I'f�nR_ is required to purchase and maintain in accordance with paragraphs 5.4-5.45-end-577. Preeonsiruction Conference: 2.8, Within twenty days after the Contract 'fimesstart to run; but befgre any Wort: at t}ue site is started, a conference attended by C��il R4CTOR ENCrINE[3t arid ail cis es appropriate will be held' to establish a working understanding among the parties as to the Work andto discuss: the schedules referred to in paragraph 2..6, procedures for handling Shop Drawings and other submittals processing Apphaltons for Payment and .maintaining required records. Initia4l,.4cceptaMe Schedules: 2.9. .unless otherwise provided in the Contract a conference attended by CON17RACfOR FN(;INEFR andothers as designated by OWNF,R will be held to review cratR alwprrbility to FNGfNFER as provided below the schedules submitted in accordance with CONt KAGLOK,%hall have an additional ten nays to make corrections and adjustments and to complete and resubmit the. schedules No progrccs payment shall be made to CONTRACTOR «rail the schedules are submitted to and acceptable to 6NGJWMR as provided below. The progress schedule will be acceptable to ENGfNrEFR as providing an orderly progression. of the Work to completion within ,any 'specified Milestones and the ContmctTimes, but such acceptance will ocither impose on ENGEN=FR responsibility for the seyriencmg scheduling a progress. of the Work nor interfere with et relieve CONTRACTOR front CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to FNI GENEER. as providing a workable arrangement for reviewing, and .processing the required submittals CONTRACTOR's schedule of values will be acceptable to ING1NEERas to figm and'substancc. ARTICLE S-CON-1 RACT DOCUMMS. L`-11iNT, AMENIMIGI REUSE. Intent 3A. The, Contract Documents comprise the entire agreement. between OWNf1R and CONTRACTOR concerning the Work. The Contract Documents arc complementary: what is called for by one is as binding as if called for by all. The Contraa Documents will be construed in accordance with the law of the place of the project .i'_It .is the intent of the Contract Documents to EXI)C OENERAL CONOr nom i 9itr-e frou Edtim) a/ [CITY OF FOlUf COLLI NS MODIFICATIONS fREy ARGun) describe a functionally complete Reject (or pan thereof) To be constructed Jn accordance with the Contract Documents. Any Work. materials or equipment that may reasonably be irdiimd from the Contract Ducu rents or from prevailing custom or trade usage as being required to produce the intended resitlt .will be furnished' and performed whether or not specifically called for. When words or phrases which have a well-known techniaf or construction industry or trade meaning are used to describe Work, mairrials or equipment such wools or phrases .shall, be interpreted in accordance with that meaning. ClariGcatians and nterpretaliore of the Contract .Documents shall be issued by ENGINEM as provided in pam6 aph 9.4. 3.3.. Refereirce to .'Aandardr and Specifications of Technical Socretie'l; Reporting. and Re.-whing Mveiepander 3.3:1. Reference to, standards, specifications; manuals to codes of arty kch ucal.sa iety, organisation or, association, or to the Law% of Regulations of any governmental authority; whether such reference be specific, or by implication, shall mean the latest standard, spocification, manual, code or Laws or ,Regulations; to cfloct utthetime'ofopcning ofBidv (or, on the Effective Dateof the Agreerttent if there were no Bids), except as ,may be otherwise specifically stated in the ConttaetDoiument& 3.3.2. if during die -performance of the Work, CONTRACTOR discovers. Itny conflict, errimr, ambiguity or discrepancy within .the Contmct Documents or between the Contract Documents and any ,provision of arty such Law or Regulation npplienhle to•the,performance of the'Work or of'ony such standard, giocitjcationi manual'orcode or of any instruction of any Supplier relented to in paragraph 6.5. CONTRACTOR shall report it. to. LNI MNE ER in writing at once, and, 'CONTRACTOR. shrill not proceed with the Work aMeted thereby (ocpt in an emergency as authorized by paragraph 6:23) until an ammtdment or supplement to the Contract Documents has been issued by one of the methods indicated in pamgmph3.5 or 3,6: provided, however, that CONTRACTOR shall. not be liable to OWNER or INfGENMR.for Endure to report any such conflict error. -ambiguity or discrepancy unless CONTRACTOR knew or reasonably. should have known thereof: 3.3.3. F_�cepl as -otherwise specifically staled in the Contract Documents or its may he provided by amendment or supplement thereto issued by one of the methods indicated m• paragraph 3.5 or 3.6, the provisions of the. Contract' Documents shall take precedence in rCsalving any conllia, error, ;ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, aide or instruction (tvhethcr or not specifically incorporated by reference in the Contract Documents); or 1 1 I 1 1 1 1 1 1 1 1 I u I 1 I 33.3.2. the provisions of any such Laws or Regulations applicable to the performance or the Work (unless such an interpretation. of -the pros sio s of the COr tie t Docums wo uld ould result in violation ofsuch Laty or Regulation). No provision of any such standard, spocifiration, manual; code'or instNGtiort shall be effective to change the duties and responsibilities of OWNFR, CONTRACTOR or INGINEER; or any of their whcontnictors, consultants; :agents or employees from those set forth in the Contract. Documents, nor shall it be effective to assign to OWNM ENGINEER or any'of ENGINEF.R's Consultants, agents or employees .miy duty or, authority to supervise or direct the furnishing or performance of die. Workor tiny duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9-13 or any otherprovision of the Contract ))ecumenic.. 3.4. Whenever in the Contract Documents the terms "as ordered"; "as directed" Oaq required", "as allcavcd", "as approved" or tams of like effect or import are used, or the ves adjecti"reasonable", %uitnble', "acceptable", "proper" or "sttisfactoryy" oradjccuvis of like effect or nmpon are ' used to describe "a •requirement, direction, review cc judgment of.ENGIA_'EFR as to the Work it is intended that :such rrtxuiremernt, direction; review or judgment will be, solely to evaluate; in general, the completed Work for compliance with the requirements of and information in the ' Contract Doaanaas and annfomlaneo with the design concept of the completed project asa functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The tine of any such'term oradjective shall not be effective to assign to ' ENGINIifiR any duty,o authority to supervise or direct the firnishing or performance of the Work Oi any duly or authority to undertake responsibility contrary to the provisions of pamgtaph 9.13 or any other provision of the Contract Documents.. Amending and Supplementing. Contract Dewumenw. 3.5. The Contract Documents may be amerKW to Provide for additions, deleti6ns and revisions in lttc Work' or to mudify the terms and.eonditions thereof in ors: or ' more of the following ways: 35.1. a Connal'Written.Amendment 3.5.1 a Change Order (purswaatt to paragraph 10A). or tW OC Uh'NER1L C'ONDIT[ONS 191 a-S.11'J9p St ideal WI CITY Of• FORT CULLI NS \IOU117CATION3 (REV,1 ^rpla) 3.53, ar Work- Change Directive (pursuant to paragraph 10:1). 3.6. In addition. the requirements of the Contract Documents may be supplemented and minor vuriatiom and deviations in the'Worlc may he authorized. in oite or ,more of thefollowingways- 3.6,1. A Field Order (pursuant to paragraph 9.51 3.6.2_ DgGINM's approval'of a Shoo Drawing or Sample�(pureuant to paragraphs 6 26 and 6,27). Or 3.63. ONGRdEER's written imerpretaliot -or clarification (pursuant to paragraph 9.4). Reuse of Documents. 33. CO.NTRACTOR, and .arty Subcontractor ar Supplier or other person or trganimtion perforating or furnishing any of the Work tinder a direct or indirect contract with OWNER O shall not have dr oaluire any title to or ownership rights in any of. the Drawings; Specifications. or other doer nmenis `((or copies of any thereof) prepared by or bearing the seal of ENGINEER -or such Drawings, Specifications, on adensions of the project or or ARTICLE•4--AVAILABILITY OF LAt\'pS;. SUBSURFACE ASND PHYSICAL CONDITIONS; RF,FFRFNCE POINTS :I ailabMr I ofLarir&: 4,1, OWNER shall furinish. as indicated in the Contract Documents, the lands upon which the Work is to be performed; rights-oCway and casementsfor access thereto, and such other lands which are dMignamd fcir the OWNER- shall identify any cmurnbmnces or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to. comply in performing the .Work Easements, for permanentstructures or permanent changes ;in existina facilities will be obtained and'imid for by OWNER unb=; otherwise provided in the Contract Documents.If CONTNAC: TOR and OWNER arc unable to .agec on entitlement to or the amount or extent of any adjustments in the Contract price or the Contract. Times as result of any delay in OWNE'R's furnishing them. lames, eights; -of - way of casements. CONTRACTOR may make a claim therefor as provided in Articles I I. and 12: CONTRACTOR shall provide for all additional lands and access" thereto that may be required for temporary construction .facilities or storage' of materials and equipment. J.Z_SubsurfaceandPhysicalConrHtinn3: 4 2.1. RaporLv and Drauvings: Reference is made to the Supplementary Conditions for identification of a2,1.1, Sitbnvface Cand'fans: Those reports of esplorations and tcsfs of subs grace eu ditions at or contiguous to the Site that have been utilized by E.lGLKEER in preparing the Contract Documents: and 4.2.1.2. Physical Conditions. Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract. Documents_ a 17. Limited Reliance by CON'P7{ CTOR Au thwrimzk Technical Dwa: coN'rRACTOR may rely upon the general accvmcy of the,"technical data" contained in such reports and drawings, but such reports and drawings aic not Contract Documents. Such "technical. data"is idcruified in the Slupplemetuary.Conditions. Except tbr such reliance on :such "technical data",'C,<)NTRACTOR may not rely upon or make any claim against OWNER"_ENC:INEER or any of ENGINF:ER's Consultants with respect to: 4.2,21. the "completeness of such reports and drawings ter CONTRAC:TOR's purposes, meluding but not limited to, any aspectsof the means; methods, techniques, sequencesarid pr=dures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.3 2:2. other data, imecpretatiom opinions and informatien.c mt5ined in such repots or shown our indicated in such drawings, or 4.223. any CONTRACrOR interpretation of or ebriclusion-drawn from any "technical data" or. .any such data, interproaliom opinions or information 4.2:3. Notice a(- D(fenng Subsurface or Physical Conditions: If CONTRAC:FOR believes that any subsurface or physical condition atorcomiguous to theme that is uncovered or revealed either., 4%2.3.1. is of sueh'a nature as to establish that any "technical data" on which CONTRACTOR is entitled is rely as provided in paragraphs 4 2.1 and 4.2.2 is materially irtacc urale. or 4.23.2. is of such a nature as .to require a change in the Contract Documents, or 4 2.3:.;. differs materially from that shown or EWDCOEN LAL CONg1TON5.191a-stIou EJidmI w'/ UTT OF FORT COLLI t"R MODIFICATIONS (ItEV ,I/1a0a) indicated in the Contract Documents, or 4.23.4. is of an unusual nature: and differs materially Gun conditions ordinarily encountered and generally recognized us inherent in work of the character provided for 'in the Contract Doeumeats; then CONMACTOR shall, preatpt} , immediately alter becoming uware thereof and before further disturbing conditions affected thereby or performing any Work_in cuvteclion therewith (e_xcept in an emergency as permitted by pnmgmph6331 notify OWNER and ENGINEER in writing about such condition, CONTRACTOR shall not fiather disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Revieac ENGINEER will promptly" review the pertinent canditions, determine, the necessity of OW'NER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a. copy to, CONI'RAC'I'OR) of ENGINFER's findings and conclusions. 4.2:5, Poss64 -Contract Documents •Change: If ENGINEER concludes, that a change in the Cmitmet Docu rnents is required its a result of n condition that meets one or. more of the categories in paragraph 4.2.3. a" Work Change Directive or a" Change Order will be issued as provided in. Article Ifl to reflect rind document the consequences of such change. 42:6. Ns i¢4, PYrrce mad Times .4 4'iomrants; An equitable. adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTORs cast of, or lime required fur performanceoC the' Wort•; subject, however; to die folloiv'mg: 43.6.1. such condition must meet any one or more of the cat ones described in paragraphs 4;23,1 through 4.23.4, inclusive; 42.6.2. it dmgt ih the Contract [documents pursuant. to po ragraph 4.2.5 will not be. an automatic, autliur•iztltion of mr a condition precedent to entitlement to arty such adjustment, 4 16.3. with respeGl to Work that is paid for on a Unit. Price Basis. any adjustment in Contract Price will be subject to the pmvi'sinns of paragraphs'). 10 and I I.%and 4%2.6.4. CONTRACTOR' shall not be.emided to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew" of the existence of such conditions at the time CONTRACTOR made a final commitment to "OWNER in resPect of Contract -Price and Contract Times by the n 1 1 I 11 I u n I submission of a bid or becoming bound under a. negotiated contractor 4.2.6.4,2. the existence of such condition could reasonably have been discovered or reveled as a. result of any esamimttiort. investigation, exploradcru, test' or study of the site and contiguous areas required by the Biddirig Regtoremerah or Contract Documents to be cord LCt by or for CONTRACTOR ph6r to CONTRACTOR's mat. ' such final Commioneirt; or 4.2.6.4.3. CONTRACTOR failed to give thewrittennotice within the iimcr and as required, by paragraph 4.2.3. If OWNER and CUNI'RACTOR are unable to agree on enndemcnt to or as to the amount or length of any such equitable adjusanent in the Contract. Price or Contract, Times. a claim. May be made therefor_ as provided in Articles I I and 12. However, OWNER, ENGINEER and F.NOINSER's Consultants shall not be liable to CONTRACTOR for any'elaims..eoscs, losses or damages sustained by CONTRACTOR on or'in connection with any .other project or anticipated project 4,3. PhlaicalConrHdons—UndPrgroandFacilities: 4.3.1. Shoats orIndicared:. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or, n cogruous to the site is'bascd'on information and data furnished. to OWNER or ENCrINTF.F,fi by the owners of such Ugdergrouncl Facilities or by others. Unless it is otherwise egircssly' provided in the Supplementary Conditions: 43.1.1. OWNER. and' NGNF,ER shall not be responsible for the accuracy or completeness of any such information or data, and The cost of all of the following will be included in the Contract Price orb CONTRACTOR .shall have full responsibility tor; (i).reviewing and eheckingall such intonation and data, (ii) locating .all'Underyaouriffacililiesshown or indicated in the Contract Doeumeras,(iii) coordination of the Work with the owner of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as. provided in pamgraph6.26 and repairing any damage thereto resulting from the Work. 4.32. Nol Sho)m or7n&cated: if an Under_around Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Dccumauts, CONTR-xCToR shall. ptoniptly immediately alter becoming aware thereof and before further disturbing conditions affected thereby or performing any Work 1n connection therewith (except in an emergency as required by paragraph 6 23), identify the owner of such Underground Facility and WDC OtVERAL CONDITtotrs 1 v 1 us (1?9u 6afidm) our CITY OF FORT CULLI M MODIFICATIONS (M-V JCUUa) give writtenn Lice to -that owner and'to OWNER nod ENGINEER WGFNITR will promptly review the Underground Facility and determine the extent. if any, to which a change is required in the Contract Documents to reflect and document the coausequences of the e!ostence of the Undeiground Faeiliry; If ENGINEER concludes that a change in the Contract Documents is required. a Wort: Change Directive or a Change Order will be issued as provided in Article 10 to reflect aril document such consequences. During such time, CONTRACTOR shall be responsible Or the safety and protection of such Underground Facility as provided .in praph6,20: CONTRACTOR 4og may. be allowed an rncrease in the Contract Price or an extension or the Contract Times or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR slid not know of and could not reas9rehly have been e`e•ppee ted to be.aware of or to have anticipated. If OWNER and CONTRACTOR are unable to.agree on entitlement to or the amount or length of any such ailJiustment in Contract Rice or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles I I and 12. However; OVP F*N, ENGTNFF.R and F,NGINF.F.R's Consultants shall not h, liable to CONTRACr0R-f:x any claims, casts, losses err damages incurred or sustained by CONTRACTOR on Or in connection with any otter project or anticipated project, Reference Points: 4.4, OV NF.R shall provide cngincering surveys to establish reference points Ibr construction which in ENGINEFR's judgment art necessary to enable CONTRACTOR to proceed with the 'Work. CONTRACTOR shall be responsible. for laying out the Work, shaft PProtect and preserve the estabtished-reference points and Z11 make no changes or relocations without the prior writrin approval of OWNER 'CONTRACTOR shall report to ENGNEER whenever any reference point is lost or destroyed or requires, relocation because- of necessary changes to grados or locations and shall be responsible for the accurate replacement or. relocation of such reference points, by :professionully qualilred personnel. ' 4.5. A4 bnlvs. PCBs, Petroleum. 11 rrlvrk usWasre or Rodiewetive ,W terirll:" 4.:.1, OWNER shall be responsible for any Asbestos, PCBs, Petroleum: Flazsrdous Waste or Radioactive Ivfmxrial uncovered or revealed at the site which was not shown or indicated rin Drawings- or Specifications or identified in the Contract Documents to be within die scope of tha Work and which may present a substantial danger to persons or property eaposnd thereto in cornectionwith the Work at thhze sue. OWNER. shall not be responsible for any such materials brought to the site by CONTRACTOR. Subcontractors. Suppliers or anyone else for whom CONTRACTOR is responsible_ ARTICLE 5---BONDS AND I�NSMLICE' Perfurmance, Payment nndOtherBondr: 5.1. CONTRACTOR shall furnish Performance and .Payment Bonds, each in an amount at least equal to the Contract Ptcc as security for the faithful perCormanoe and payment of all CONTRAcrms obligations under the Conttsd Th ese _ Bonds shall remain -in effect -least least uniil one year afte'T the date when Timl payment becomes due; except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall nlso furnish such other Bonds as, arc mquircd by the Supplementary Conditions All Bonds stall be in the form prescribed by the Contract Documents except as prn-ided otherwise by Laths or Regulations and shall be wxxcutcd by such surdies.asam 'am named in the current list of "Companies IHblding, Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Citcular570 (amended) by the Audit `.Stag; Bureau of Government faaiicin Opemtiorts, US.Tretsuy Department:. All Bards sigma by an agent muse be aggompanicd by a catificd,copyof such'agenfs authority to act. 52. If the surety ort any Bond lucaished by CONTRACTOR is declared a. bankrupt or b etomes insolvent or its right to do business -is terminated in,any slate --where an), part orthe Project is located or. it ceases to meet the mquacmcnts of paragraph 5,1, CONTRACTOR .shall within ten days thereafter substitute another. Bond and surety; both of which must be acceptable to OIVNFR. 53: Licensed Sureties and Insurers; C:errifneates of fnsuranci: 5.11. .Adl Bonds and 'insurance required by the Contract Doiu ments,to be prirchpszd and maintained by OWNER (v CONTRACTOR.shall be obtained f otn surety or insurance companies -that are duly licensed or authorized in the' jurisdiction in which the Project is located to issue Bon& or insurance policies for the limits and coverages sorequired Such surety arid insurance companies shall also meet' such adcfifi rel requirements and qualifications as may be provided in the Stipplementary CoAdilibra. 533. CONTRACTOR shall deliver to OWNER; with copies to each adtlitional'insured identified in the Supplementary Conditions, certificates of insurance (arid other evidence of insurance requested by OtVNER or tiny other additional insured) which CONTRACTOR is required to purchase and maintain in acuvdancr with paragraph 5.4, Qri"TR--shall owirneglnecnUc- 4.Csfxevi At niAd At the 416 EJ(:UI:OENb'EW. CONUITIC .ti5151rFa I19'NI EJiniml et C]1Y OF FORT OOLLI NS MOUa7CATIONS X-V di:000) I n CONTRACTOR'S Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insunrict as is appc�tiate far the Work being performed find fumi:}red and as will provide protection Gorr claims set forth below which may arise out of or result from CONTRACCOR'sperformance and furnishing of the Work and CONI RAC:TOR's other obligations under the Contract Dout rients whether it is to be performed or fumishal by CONTRACTOR tirn Subcontractor .or Supplier. or by anyone;directly or .indirectly employed by any of than to. perform or. Furnish any of the Work. or by anyone for whose acts any of then• may he liahle: 5.4.1. claims under w'orkes' compensation disability benefitsand other similar employee bencfm acts; 3-4 2. claims for damages •becaww of hauly injury, occupational sickness or disease, or death 'of C'ONTRACfOR's employees', 5:4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees %4.ri.--elti Ira s-teF-drain ag w--insured-by-�.trstnm cry IndlreCtry-rela(t�to-tlte-BmplayinPHE6fspeh-p6sPn-hy��`T7""' OF riv 2[i12FFP2L5lMk . ... 5:45_ claims for damages,.. other than to the Work itself Because of injuy to or destruction oftangible property wherever located; including loss of use rmiting therefrom; and 5.4.6. claims for danmges bec. use•of bodily injury or depth of any person or property daimage arisirtg out of the ownership, mairitaiance or use' of any motor vehicle. The policies of insurance so required by: this paragraph 54 to be pu rchased,and muintainedshall- 5,43. with respect to insurance: required by paragraphs 5.43 through 5.4.6 inclusive and Ste' include % additional irsuieds (subjict to any customary exclusion in respect of professional Liability-). OWNER: ENGLYEF1t ENGLYEER's Consultants and arty other.perseats or entities identified in the Supplementary Conditions. all of whom shall be listed its additional insureds, and include covernge for the respective officers .and employees of all such addi[ioal insureds,, ' 5.4.8: include the specific coverages And be written for not less than the limits of liability provided in the Supplememruy Conditions or required by, Laws ter Regulations, whichever is greater. 3_19. include completed operations insurance; LWE)CULNE ALCONDITtONS 191e-8 I199VEtfilimr. ' wi CITY OI; FORT COLLI M MOD16ICdTION'S (REV JQOaa) 54.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations dieter pan ig aphs 6.12, 6. l6 and 6.31 duough 6.33; S.4,11, contain a provision or endorsement that the coverage afforded will not be cancellekl materially changed or renewal refused until at ISast thirty days prior written notice has been given to OWNER and CON'TRACfOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished' by. the CONTRACTOR pursummt to paragraph 5.33.wilt so provide); 5.4.12): remain in effect at least until feral, payment and atall times thereafter when CONTRACTOR .may be correcting, removing es replacing defective iVork in accordance with paragraph13.I2,, and 5.4,13; with respect to completed operations insurance, and any.irstltance ctrvera&c written on a claims -made basis, remainin etfat for at least -two 'Years after final payment (and CONTRACTOOR shall furnish OWNER and each other. additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issuod. evidence satisfactory to OWNER and any such :additional, insured of continuation, of such insurance at final paymentrand one year thereafter). •01i WER'sVal itiry Insumee•- 5.5, In addition to, insurance •required to be, provided by CONTRACTOR under pvagriph.5.4,. OWNER, at OWNER's option, may, purchase and maintain at OWNIM's expenLce_OWAiL•R's mhn.lia6itity imi -ance as I ill protect OWNER' against daimswliicli may arise frpm operauona_undei the Commct Documents Propern, Insurance: S:fr.—[Jnless-..ttiterwisa=proviilad�in-the-Suppkmegrtary C-oniiitii�-Ei WNGR-shall=purslmse-nrri-maintain of-the--full-replacement-cC�-ilieriet'- (:ardject-to-rich Itachactibla--amounts-its--rusty-oil--pr�tvikkd=-vt--[ha :Supplemrnlery--Fortditinns-uF [eyuircd-by-'T:aw�-und Rrgulntiodrs)-'Phis-instuAnwslalla 5•Fr 1--metuda—the—uitetrats—of—OWN6R: C�Jz�i�Ri�rTQR-, SIrbG�aRW1k�R. '—'h�ti ('+$�)� moues idemiGekl-in-Use-Supplementary-Eondittorr>, each oEwhunrris deemeel�to lwvren-usurablrinterest Arid -UnIb lie listatf ao-nn insuradf ar-additieial-intsurid= 36=: 1x-wrtttcrt-evl-a-l3uthla's-Risk edl�a-iak=ur epi�t-pet,peaial-eau . slur!! aF�east xeelude wsairiutse Cz-F r ' •� )F an" n-kru team 'k e.., r_l,�'M t)ve-fellecvirdg=t>e:,,�--.a�..,`,.o..._,. "a<rided J uoveFege-theft-vnridelism-eml-molici.�tis-m sohiat: euthquake,- sellap k iFien 0,6AISFmad 1w enfeKeffleat of Laws and Rev- oas: 5.63-include-eepense3-im-ured-in-the-repair-ur replaeem� y-insured- preperty{includii bu(not eeehitecbj: . 5 6 a- sevcv rmatefiu6i andsite c-et-atutheFloeation-thnrwas agreed -to - in -writing by .{mwidev�ihsEiucFl-me .. . -. .p ir,rlw�-inn-�41e»ttat}�IaF-lieypieAt-{zcemnen:tet f�-Fh�'ti&&�i43El�urxl �5,--E+e-muutkeineEl-in-et%ct--Imlel- Cum(-paymerd-is ,..;:1 cNGPrcco71 8!ui}Ydays'-wriitew-not �T- �-�ao�.._�;_ �.�._f-edditlannl -air it v-te-tsifam-s-ea i� 5:9. OWNER shall not be responsible for purchasing and maintaining .any Properly iiiurancr to protect the interests of CONTRACTOR. Subeontraciors or others ih �:lU. If-(:OP7TRAE�FUR-rryuests-iie•writi� tlmt-other speeia�inwnmea-he-ineltlaktt=in-We-pralxvty-iatitiwrwe ml�d� r �amgragb 1L^TER, e ' rt;,...... -Hale. O � w - ��..�.g—o.a�.��..nttati. .4nand-am.1?rter—[a EJCDCUENMALCONDITIC1.til' 191a-8ilJ'JU Edaiml 10 a9C11YOF FORT ODLLJMxIUUu IcxTIONS(Rr•VdQ(m) commensclnmt-ail:ihe � Work-awthe-sit a�Lu+ITSCt-i1in11-in 877E - ,' -'-- P ivhci#ler-�netseslrelhzr ls-a=ei>s�itents--end--the of6cergilirevtol?s,-employees-end'=agents-eFany-at theiu,-fax of-use-oF-othei-ao(tveyuentia4-loss-ext2_nding, beyond-direct-physical-low-� dnmega-to uwtk bv: arisizag ouuof or resul�ing-t`min-bra or-other-peril whtaharoe-nut-ulsuroilbyOLVNG[�-end ...PA :yr Ins '. -� Sara _. _ ,' {�rerisierty-te�lkte-c�eeuthet aense�uasaris(--I tt>o--iriwuers-ivjn 1•,,._,Q.:o_,^ na 60M of I I 11 ri+covary-aga inu-arty-.1�C-Fk'VTR�IG:FOR�-$ubcuntr�ctore, ' - nd-ilia-e�eers; deree Receipt a dAppliea ion'ojlnsamnce Proceeds: 5:12. Any: insured loss under the policies of insurance - required by pamgiphs5.6 and'5.7 will be Ausu<i with OWNL•R and made payable to OWNER as fiduciary for the insureds. us. their interests may appear• sulijaA. to the requirements: of sty applicable mortgage clause and of, paragraph 5.13: OWNER shall deposit in s separate account any mane), so received, and shall.distribute it in accrdance with such agreement as the parties in interest may ranch. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof andthe Work and the cast thereof covered by an appropriate Change Order or Written Amendment. 5,13. OWNER as fiduciary shall have power to adjust and settle any loss with the .insurers unless one of. the parties in interest shall object in writingg.within fifteen days .after the occurrence of lass 4o OWNER'S exert:ise of this power. If such ohj'ection be made, OWNRR as fiduciary shall make sculeritent with the insurers in accordance with, such agreement as the,parti 'in interest may reach. If no such agreement among the parties in interest is re•t, shed, OWNER as fiduciary shall adjust and settle the loss with the insurers ^-' if ., red in wrilana by _ _ Fw on Acciptance efRonrts.and Insurance,- Optinn,to Replace 5,14, If ejdm-pzuty.- - ETBRj OWNER has any objeWcn to tic coverage affix-ded by or other provisions of the Bonds -or inmrance required to be purchased .aril maintained by the CONTRACTOR in accordance with Article 5 on the bas s of non-conformance with the Contmct DocWnems, the DO 2.7. provided -as -the -other tnah-raasvnably-rayuest—iGeithar patty-dies-nuit-puzcliase•a-maintain•all-of� Ur-BvrtJy-end arsvmncs+-raquued-of-such-RcrtY-bv-ore-6ontract ppouffliait& such pta4y shall nag;, the writing�oFstnFrfailure-to". al ase•privrdvUte sWn vEthe W144-or-rrpstch-=141' maatlain-pfier-Icttmy-changd-in U e'"Ll rsd-eovatagc: lltiUteu>-prajudica-to-any-othiv right o>' remedy, tba-andr-rytrty-may-elxY-uwobtEtin-equivvldnt Bonds• v-imurnmr-to protect-smh-other party' interests at, the-expernn of-the•purty-whir•was reeluirdd•to•provide-such sevrragd;-artd-a-Fkard-Ardssl Contract-F§itie aaixdinglyt Partial U& ation-Propertj,lnsurance 5:15: If 01trNTR fiats it nce nary to occupy or use a portion or portions of the %fork prior to Substantial t',.ICDCCJKNERAL QONDJ 1`10NS 191e-8.69906ttiliml. wr CI YOF FORTCULLI NS]IODIFICATION9(REV4R(X00) Completion of all the. Work, such use or occupattey may be accomplished in accordance Zh paragraph 14,1tr provider! that no such use or occupancy shall. commence before the insurers lriwiding the. property' insurance have acknowledged notice. thereof and in writing effected any changes in covemge necessitated th.ei'eby. The insurers providing the property, insunance shall ctmsent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ,WT►GLE 6--CONTRAC'1.OR'S RESPONSIBILMES' •Supenisim and Superintendence; o.l Cc)N'rRAC'fOR shall supervise, inspect and direct the. Work competently and efficiently, devoting such attention thereto and' applying such skills and ccperuse as may be necessary to perform the Work in accordance with the Contract Documents. Gi)iNTRACTOR,shall be solely responsible for the means, methods, •tcchiiiqucs, :sequcra:es and procedures _ of construction, but C ONTRAM'OR shall not be responsible :for. the negligence of others in the design or specification ,of a specific mearm method toohrilque, sequence or procedure of Lonstntiction which is shown or indicated in and wwg*mAy required by the Contract Documents. C:ONMRACTOR shall :be responsible to,.see that the completed Work complies accurately with the: Contract Documents. 61 CONTRACTOR sktU keep on the Work at all times during its progress .a competent resident superintenilent, who shall not be replaced without written notice to OWNM2' and LIVGRZU R erapt under evvoordirmty circurnstances. The superintendent will be CONTRACTOWs reprzsenm ive at the sits, atxi shau have authority to act on behalf of CONfR-4C OIL All communications to the supperintendent shall be as binding .ace ifgiven to'CONTRACTOP, Labor, .Materials and Equipment. 63. CONTRACTOR' shalt provide competent, suitably qualified personnel to survey, lay out and Conswct the Work as required by the Contract Documents. CONfRACTOR'shaU at all times maintain good discipline tine and order at the site. Except as otherwise required for the safety or protection, of persons or the 1Vo k or property at the site or adjacent thereto, and exo:ept its otherwise indicated in the Contract Documents, all Work at .the site shall be performed during regular working hours and CONfRAC[`OR will notpermit overtime work or the performance of Work on Satureley_ :Sunday or any legal hullday without OWNER's writtarr consent: Oven after prior written notice to ENG NICER - CONTRACTOR shall submit nNuests to the ENGINEER no. less than 48 hours in advance of any Work to be performed on Saturday. Sunday. Holidays or outside the Regular Working Hours I 6.4, Unless otherwise specified in the General contains or is followed by words'reading that no like. Requirements, CONTRACTOR shall famish and assume equivalent or "or -equal" item or, no substitution is full responsibility for all materials, equipment. labor., permitlul, other items of material or equipment. or 'transportation.(nnstruction equipment and machinery, material' or equipment of other .Suppliers may be ' tools, appliances, fuel power, light, heat. telephone. water:, accepted by ENGINEER under the following sanitary facilities, tei p ry facilities and all other circumstances: facilities and iiaidentals necessary Cw the Famishing, performance, testing. start-up and completion of the Work. 6.7.1.1. "Or -Equal" if th UNGKiER'ssole discretion an item of material or equipment ' 6.4.1. Purchasing Restriction: CON'CRACTUR propoed by CONTRACTOR. is fwrctionally must comply with the City's purchasi U, restrictions. A equal to that named and suffreicntly similar so diat sour of the resolutiuris are available for review at the no change in related Work will be required, it may offices of the Purchasing are. Risk Management be considered by ENGINUR' its an "or -equal" Division or the City Clerk's office. item., in which case review and approval of the proposed item may, in ENGINEER's sole 6.4.2. C=cnt Resmidions: City of Port. Collins discretion, be accomp.hshed without compliance Resolution 9I'-12I new res that sup licn and producers with some on all of the requirements- for of cement or products containing cement w Certify. that acceptance of proposed substitute items. the amen[ ttvs not made in cancan Ia1ns drat bum 6.7.1.2. Substitute Items. If in LNGINEER's sole ' hazardous waste as a fuel. rliserclibn an item of material or equipment proposed by CONTRACTOR does not qualify as 65: M materials and equipmet' shall be of goal. an *or -equal" item under subparagraph 6.7A 1, it gaality and new. except as otherwise provided in the will be considered'a proposed substitute item. c,ontraet Doctimerim All warranties and guarantees CONTRACCOR. shaU submit sut(iciem .specifically called for by the Specifications shall expressly information as provided below to allow ' run to the bcnefttof OWNER Ifrequnrcd lry- ENGiNF.F.R, FNGiNFF,R 16ildenninethat the item oFinaterial CONTRACTOR shall furnish satisfactory evidence fir equipriw it proposed.is essentially equivalent to (including reports of required lest.;) zv._to the kind mid that namel':and an acceptable'sulistituie thcrefor. quality of materials and equipment. :All materials and. The procedure for review by the ENGUNTEER will equjJ�ment-'staapp ll be -lied. -installed,-connected erected;, 'include. the following as supplemental in the (kneral ' tuect cleaned and wndniined in' accordance with Requirements and as ENGINEER may instructions of the applicable Supplier, ciccerA as otfmnvise decide is appropriate under the circumstances. provided in the Contract Documents Requests for rovnew of proposed substitute items of material or equipment will not be-aceeptod by RrogiessSdhedulc ENCdiIF.F.R Fromr anyone, .other than , CONTRACTOR If CONTRACTOR wishes to 6.6, CONTRACTOR .shall adhere to the progress. furnish or use a substitute item of material or schedule established in accordance with paragraph 2.9 as it. equipment. CONTRACTOR shall last make maybe adjusted frtmh,tune to time as provided below: written application to ENGINEER For acceptance thereoC certifying that the proposed substitute will 6A 1, CONTRACTOR shall submit to ENGINEER' perform adegvately the functions acid achieve the for acceptance (to ihr extent indicated in results called for by the generaldesig4 be iimilar pa ph 2.9) proposed adjustments- in the progress in substance to that specified and be suited to the. schedule that wi l not change the Contract. Times (or samo use as that specified. The application will LUlestones), Such adjusnnems'will conform generally state the extent, if any: to which the..evaluation ' to the progress schedule Dien in effect and additionally and acceptance of .the proposed substitute will will comply with any provisions. of the General prejudice CONTRACTOWs achievement of Requirements applicable thereto. Substantial Completion. en time, whether or not acceptance of the substitute far use in the Work, 6.6.2, Proposed adjustments in the progress schedule will require it change ti any of the Contract ' that will change the Contract Times (or :,Ulesattnes) Documents (or in the provisions of any other shall be submitted in accordance with the requirements Hired contract. with OWNER for stork on the of panrgmph 12.1. Such adjustments may only be. Project) to adapt the design to the proposed made by a Change Order ur Written Amendment in substitute and whether or not incorporation or use accordance with Article 12. of the substitute in connection with the Work is ' subject to payment of any license fee or royalty. 6.7. Substitutes and ."Or -Equal" Items: All variations of thepruposcd substitute from that specified will be'identified in the application and •6.7.1. Whenever an item of material or equipment is available mairdxnu nce, repair and replacement specified or described in the Contract Documents by service will be indicated The application will , using the name of a proprietary item or the name of a also contain an itemized estimate of all costs or particular Supplier, the specification or description is credits that will result directly or indirectly from intended to establish the type, function and quality acceptance of such substitulo. including touts of required- Unless the specification or description redesign and claim-% of'other contractors affected ' MUC UENERAL CONDITIONS 19 M-8 t1999Eclitim! 12. aY UTY o6 Fcaur COCUNS MODIFICATIONS OtEY dr.`a(1tn) by the T- 'a'tng change. all of which will be CONTRACTOR shall 'perform not less. than 20 considered by ENI GINNiIM in .evaluating, the percent nf.-the Work "with Ito Own Canes (that is, proposed substitute ENGINEER may r_ uric _without.subconuactinui. The 20percent requirement ' CONTRACTOR to furnish additional data put shall be understood to refer to the Work the value of the proposed substitute., totals not less than 20 percent of the Contract Price: 6.7.1.3. CONTR4CTORsEtpense: All data to be i provnkd by CONTRACTOR In support of ,any 6 8 2. tf:-the--Suppler aemafy=Gonditicns Bidding proposed °oi<qusi" or substitute item will be at Documents require - the identity'of certain CONTRACTOksexpense. ub 5oorrtractors Suppliers ofthe or persons yr organiilit m5 (ineluti rig those\eliti xrz to furnish the 63.1 Srrbslirute Cwtitnntron 11trdiodr air principal, items of materials or egmpmerit) Io be Procedwvs: If a specific means, mcthid, technique. submitted to OWNER. in-advance-ot lie-sliwified sequence or procedure of construction is shown or ekrEe prior to the Effective Date of the Agreement for Indicated in -and etpressly regwred. by the continet acceptance by; OWNER and ENGINMR, aPA—ii•- Documcntc, t U[?TRACTOR. may famish or utiljzc a C9 fFJR—f s.-athRVHt�.r n— niR°.�-in substitute means method.-'techni ue sequence or q sit{ uc�erdama ' he -S pp! procedure cif construction acceptable o_FN<rtNFFR. r UNGINEUR' acceptanceis OWNfi[."s or bNGINEER's aeccptancc (either in ' CONTRACTOR shall submit sulEcicrtt information to writing or by, falling to make written objection thereto 'indicated allow' h'NGINVU.X in ENGINFIi s sole Oscrenon,Toa hY the date far acceptance or nhjccnon'in deterniiirt-that the substitute prgpiisecl is eijilivalent to the bidding documents or the Contract Ducwnents) of that expressly- celled fur the t;ontra 4 f)ociuiier ts. M' h SuLenirecto�' MW- UG ft - Th, ,procedure. fir review by FNGI,NF ER will he. ' 'simdar to that provided in suhparagraph 6;7 1 2. - -. .. - tern e#afd+ie xp sstigek e_ in wit —an 6.73. Fngirreers Evaluation: F.NC.INEER. will be allowed a reasoeable.timo within which to evaluate each proposal: or submittalmade,._ pursuant .to �bstitutam aid.an•appwpFiata-C4iaiigrFhdai paragiphs63.1.2ivtdG,7:2. GNGIN_EER'willbethe '" wflitwill sale judge of acceptability.' No "c+r•equal! or constitute a condition of the C.onrract reuutrma the suhstiturewill beordered, installed orutilized without use offte.named'.subcontractors, suppliers or. other ENGINFER's prior written acceptance which will be persons cur orgammtion on tic Wcrl: unless prior evidcnmd bit` either a Chang, Order or an approved written - apooval is otitauted .flan OWNER' and ' Ship Drawing. OLUNF.R may require FNGINL"ER, No acceptance by OWNER or CONTRACTOR' to fumsh' at CONTRACTOR's ENGMEFR or any such Subcontractor Suppficr or expense a special performalrce guarantee or other. other person or organizatoon shaif amstmtte.n waiver surety with, respect to any "or qual" fir substitute, of ,any right of OWNER or ENGINFFR to reject WGUEER .will record time required by *ftcliveWok. ENGINEER mil ENGINEEWs• Consultantsin evaluating substitutes proposed or submitted by 69. CONTRACTOR pursuarit to paragraphs, 6,7, l 2 -arid 6.7:2 :and in making charges iri the Contract 6.9.1. CONTRACTOR shall be fully responsible to Doctunents,(or in the provisions bf any other direct OWNER and ENMEER for all acts and omissions conlrncl with OWNER for work on the project)if the Suix;ontractors Suppliers and other persons ocihsioned thereby, Whether or not LNG INELR and organizitions performing or furnishing any of the accepts a substitute itern so proposed or submitted by Work- under a'. direct or indirect_ contcict with CONTRACTOR CONTRACTOR shall reimburse CONTRACTOR. just as CONTRACTOR is OWNER. ,for the charges of ENGIN=- and responsible for CONT'RACTOR's own acts and ENOfN1iE[ V Consultants for evalin sting each such omissions. Nothing in the Contract Documents shall ' proposedstibstitute item; create for die benefit of any such Subcontractor: Supplier or otter peisnn or organization any 6.8. Concerning, Subcontractors, Suppliery and currutictual relationship between OWNER or Others: LNGINUM and any such Subcontractor. Supplier or other person or organization- nor shall it create. any 6-8-1. CONTRACTOR shall not employ anyt oblitaition•on (he part of OWNER orLMINEER to 'Sutxontraclar; Supplierez olher.peison or organization pay or to see o.lhe payment of any moneys due any (including those acceptable to. OWNER arid. such Subcontractor, Supplier or other person or EEra ENGINE as irdicatid in pagraph�6.8J). %Yhcther agannzationexcept as may otherwise be required by initially or -as a substitute, again& whom OWNER ur LawsarvlRelvlatioits OIVNEKorENG1NEERmav L�IGINEER may have rea5oranble olijecl m- Ruin slt lu am sot con ractor, supplier or other person COi`lTRACTOR.shall not be required to employ arty, or organization evidence of amounts paid to Subcontractor. Supilieroroiherpersonororgannzinon CCINTRACfOK in. accordance with to fiunish or perform 'any of tie Work against whom CONTRACTOR'S ".Appliations.forPayment". ' CONTRAC-1'OR has: reasonable objection- E.ICDC fJE4' 'EKAL CONDITIONS 19 t oa t t 4A(t &Ghent 13 w! CIT7Ol; PORT OULLtNS UODINCATIONS (REV aR4aa) I [1 1 1 1 1 L.: i Li 1 Subsection 412.16 shall include the following: A two year warranty period will be apparent for all Portland Cement Concrete Pavement placed as part of the construction project. The warranty period will begin the date the project has reached final acceptance. All improvements which do not meet the project's contract specifications, be it through substandard materials or workmanship, shall be removed and replaced at the Contractor's expense. The project will be inspected by City representatives on a quarterly basis throughout the duration of the two year warranty period. The City will develop a list of improvements which will need to be removed and replaced and deliver this to the Contractor. The City and Contractor will meet to finalize the list of improvements to be addressed along with determining the timing of the work to be completed. The following failures will result in removal of the Portland Cement Concrete Pavement, adjustment of the underlying material (if necessary), and the replacement with material meeting the project's contract specifications: • Pavement slabs containing one or more cracks through the full depth of the slab that separate the slab into two or more parts • Pavement slabs containing honeycombed areas • Pavement slabs containing an extreme void as defined above • Pavement slabs containing more than one void greater in depth than half the pavement thickness • Pavement slabs containing a cumulative surface area of moderate and severe voids greater than one percent of the slab's total area • Pavement slabs containing 20 or more severe voids • Joints that are spalled over 50% their length • Concrete improvements constructed which do not meet specified grades in the plans. If water pools greater than 0.5" after a storm event, concrete improvements will need to be removed to nearest grades that meet the contract's intent and replaced, enabling proper drainage All pavement slabs to be removed shall be removed in a manner that minimizes contamination of the removed pavement with underlying material. The Contractor shall be responsible to determine the removal methods of the substandard improvements. The removals shall be performed in accordance with the removal specifications for Portland Cement Concrete Pavement as are defined in the contract. The removed concrete pavement shall become the property of the Contractor and disposed of outside the project site legally. The Contractor shall provide all traffic control necessary to reroute traffic during the removal, replacement, curing for all concrete pavement not meeting the project's contract specifications. All traffic control plans shall be submitted to the City's Traffic Operations Department for approval. The Contractor shall notify the City's project manager at least 48 hours prior to beginning any removals. If any striping or stenciling Addendum 1 — 7244 Linden Street Streetscape Page 4 of 24 6.9' . 'CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subvcntma tcus, Suppliers and other persons and orpm,zations performing or furnishing ,any of the Work uoder a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subconuacturs, Suppliers and such other, persons and organizations. performing_ or Puri 4ang. any of she Woilcto communicate with -die ENTGTNLER through 6.I0.. The divisions and sections of the Specifications and theidtiftifieations of an)- Dmwings .shill not control cONCRAC TOR •in dividing the Work among Suhcontractors or Suppliers or delinmtin� the,Wcxk to be performed byany specific vide, 611. All Work peibaned for CONrizkcrORby a Subcontractor or Supplier will be pursuant to an ap�p Hate agreemeni'txtwcen CONTRACTOR and the Subaamtrauor or Supplier which specifically binds the Subcontractor or Supplier 'to the applicable terms and •cunditions of the Commet Documents for the benefit of OWNM aid FJNGINF.F.R, Pateait Fees. and Royalties: 6,12. CONTRACTOR shall pay all license fees and royalties and assume all costsincident to, the use in the perfcnmmarse of the Work orthe incorporatat the Work of.ony invcation, design peace product gr device which is tht subject of patent riglmts or copyrights held lay others. If a particular invention, design process, product or device is specified in the .Contract Documents for use in the Pe`1 ranee of the Work and if to'the actual knowledge of OWNER it ENTI NON its use is subject to patent rights or copyrights_ piling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by MNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNEX MNGli LEER. ENGINLER's Consultanis.and the oCGcxrs, tlireetors, employees, agents and other consultants of each and,anyof them Gom anal against all claims., costs, losses am damages arismg out of or resulting from any inlringement,of patent rights or copyrights incident to the usein the performance of the Work or resulting from the incorporation in the Work of any invention, design, process., product or device not specified in the Contract Documents.. E1CDCU NERAL CONDITIOM191n-a t199UEdi6m1 14 ur CITY OF FORTCOLLINS moburicAnoNs (tL•yNaoo) PeratUr 6.13. Unless otherwiseprovided in the Supplementary Conditions, CONTRACTOR !all obtain and piy for all oiratructmon peimiis and licenses. OWNER shall assist CONTPAarOR; when necessary, in obtairuna such permits and licenses. 'CONTRACTOR shall pay all goverhmental charges and 4tispectiian fees necessary for the prosecution of the Wail, which are. applicable at the t me of operai� of Bmds , c r, if there are no Bids., on the Effective Dite of the. Agreement- CON'TRACTOA shall pay all charges of utility owners fur connections to the Worn and'OWN8''R shall pay all,chargei; of such utility owners for capital cosis'relatcd thereto such as plant investment Fees. 6.13., LawsandReS41adons: 6.141.'CONTRACTOR shall give all notices and comply with all taws and, Regulations applieshlc to furnishing and.perCommarac of the Work: Except where vt}mvtsi• e.4pressly' required by applicable taws and .Regulation%. neither OWNER. nor FNCbYEER shall• be .respdxmsible for monitgrino CONTRACrOR's compliance with any taws or Regulatiams.. 6,14.1 If CONTRACTOR ,perf r ms any Work kr oiding,or having reason to know that it is contrary to Laws or Regulations, CONTRAC TOR shall bear all claims„ costs, losses and damages caused by, arising out of of resulting, thcrefroni;'however. it shall riot be CONTRACTORs primary responsibility to make certain that the Spcciticadons and Drawings are in accmedance with'Laws and Regulations; but this shall' not relieve CONTRACTOR' of CONTRACTOR's oblig6itiorn under paragraph 3:3.2. Tares 6.15_ CONTRACTOR shall I pay all sales,, consumer, use and ,other similar taxes rquired to be paid by CONTRACTOR ui accirdan a with 'the Laws and .Regulations of the place of the Project which' are applicable during the•perfLvmene of the Work. 6-15.1. OWNER is exerapt from Colorado State and local, sales and use tires- on materials- to be permmm sne_nAYiix:o- rateifinto lhees,�ec;l. Said taxes shaff not be included in the Contract Price. Addre%s: Colorado Department of Roven u :State Capital Annmd J 1 1 I I I I I t 375:SFietman Street Denver. Colorado, 50261 Sales:ard Use Takes for the Stale of Colorado Rearonal'Transportation District (RTD) and certain Colorado- counties are collected by the State. of Colorado and are included in the Certificatian of Exemption. All applicable Sales and Use Tunes (including State collected Iaxes), on anv'items tither than construction and bulldirm materials physically incowurated into the project are to be Dnid by CONTRACTOR and are to Ex included inappropriate bid items. U.re ofPremisev 6.16. CONTRACT OR shall confine construction equipment, the storage of materials and equip inetitand the ooppeerraations of workers to the site and land and are. identiGed in and permitted by the Contract Dxumeals and other land and'areas permitted by Laws and Reguintiok rights-ofway, permits and casements, and .shall not wnr.emonably encumber the premises with constriction equipment or other materials or equipment. CONTRACTOR shall assume full re.Vorsibility far any damage to any such land or area; or to the. ownri or occupant thereof Or of any, adjacem'land or areas, resulting from the performance of the -Work. Should any claim be made by any such Owner or Occupant because^of the performance.of the Work,.CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dts's}}wwto rm. lotion proceeding or at paw. C¢N rRACTOR steal 1, to the fullest anent permitted by i,aws and Regulations, indemnify and hold harmless OWNM ENGM-EW i- GINEERs Consultant and anyone directly or indirectly employed by any of them from and against all claahs, casts, losses and damages arising out of qr resulting from any claim or n_tic legal Or ealtimlle, brought by any such owner or occupant agairst OWNER ENGB lEGR Or any other party uhOkmnilled bereundar to the crtrnt. ra tied by or based upon COWi PACTOR's performance of the Wort 6.17. During the progress of the Work. CONTRACTOR .shall keep the premises free from accumulations of.waste materials, rubbish and other debris resulting front thi Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as. all tools, appliances, construction equipment and machinery and surplus mates iaL& CONTR.Ac.TOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall radon: to mill condition till property.not designated for alteration by the:LCoritract Documents. 6.1 & CONTRACTOR shall nor load nor permit any part of any.structure to lie loaded in any manner that will endanger the structure; nor shall CONTRACTOR subject any pan of the Work or adjacent prgxrty to -stresses or pressures that will endanger f. Recoird Doeumente b.:JCDCCJL,':RALCONDITIONS 1910-81199(1 Wlian wi ciTy OF raRT CULL] NS VODWICATIONS (REV-IPa(la) 6.19. 'CONTRACTOR shall maintain in a safephce at the -site one record -copy of all Drawings, Specifications, Addenda, Written Amcndments., Change Orders; Work Cliange Directives, Field Orders' and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a cottmtcr)•;art of 'all' approved Shop Drawings will be available to ENGRNEER for roleren= Upon completion of the Work, and prior to release of final payment. these record documents. Samples and Shop Drawtggs will be delivered to FNGiNtRER' for OWNFJZ Safety and Prorecrion: 6:20. CONTRACTOR shall be responsible for initiating, maintaining and supctyising all: safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage. injury Or loss to: 6.20 1, all,per ps an the %Vork site or who may be affected by the Work; 6.20.2, all the Work and materials and_equiprnent to be incorporated therein, whether iri storage on'or off the site; and 6.-0.3: other property at the siteor adjacent thereto, .including'trecs, shrubs. lawns, stalks„ pavements; roadways, structures, utiliiics and Undcrgroxtnd Facilities not designated for removal, relocation or replacement in the course of construction: CONTRACTOR shall comply with all applicable laws. and Regulations of any.public body hav"trig jurisd ction for safety of persons. or property Or to protect them, Gam damage injury or loss; and shall a cCi and mnintai n all necessary, safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground' Facilities and utility owners when prosecutionof, the Work may affect them, and shall cooperate with them in theprotection, removal, relocation and replacement of their property_ All damage; injury or lass to any property referred to in pamgraphs6.20.2 or 6.?0,1caused, directly or indirectly, in whole or in µart.by CONTRACTOR, any Subeontrict", Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR (e..ccepx damage or lass attributable to the fault of Dmwi ngs or Specifications or to the -acts or omissions of OWNER or 17VGhNIU:R or e4GWGER's Consultant or anyone employed by any uf. them or anyone for whose acts any of them may be liable, and not attributable, directly or. indirectlyi in whole or in part. to the fault or negligence of CONTRACTOR' or any Subcontractor, Stipplicr or Other prison err or6aniratino directly or induecdy employed by any of them). CONTRaCTOR's duties and responsibilities for the safety and protectiom of the Work shall continue until such time. es all the Work is completed and HNGINF,ER has issued a 15. notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable {except as otherwise expressly provided in. connection. with Substantial Camplenon): 6,21, Sajery Represeumrtve: CONTRACTOR shall designate a qualified and e..Wienced safety representative at the site whose dutiis .and responsibilities shall be the prevention of accitkaas and the maintaqung and supervising ofsafety precautions and programs. HazardCommunication Programs. 622., CONTRACTOR shall) be responsible for coordinating any, exchange of material safety data sheets or other hazard a mmunication information required to be made available to or exchanged between or among employers at iAc site in accordance with laws or Regulations. ENargencies:•. 6.21 In.emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONrpukcro t,- without special instruction or mnhorization.frrm OWNER or ENGINEER,. is obligated to act to prevent threatened damage,. injury or loss. CONTRACTOR shall give ENGINEER pnanpt written notice if CONTRACTOR believes that airy significant changes :in the Work or variations from the Contract Documents have been• caused thereby. If ENGINEER determines that a change in the Contract 'Documents is, required because of the action taken IV CONTRACTOR in response to such an emergency. a Work Change Directive or Change Order will he issued to document. the eons-cquencesof such action 6.24. Shop Drawings and Samples: 6.2d.1. CONTRACTOR shall submit Shop. Drawings to ENOLNEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9), All submittals will be identified as ENMEER may require arnl in dos number of copies specified in the General Requirements: The data shown on the Shop Drawings will be complete with respect to quantities; dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRAGTOR proposes to provide and to enables MsIGINEER to review the information for the limited purpases required by paragraph 6.26. 6.=4.2. C'ONTRU.TOR shall also submit Samples to ENGINEER for review and approval in accordame with said accepted schedule of Shop Dmivigs and Sample submitals, Each Sample will be identified clearly as to material Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited E.ICDC QLN0LkL CONDITRSh`519111-811990 E(h6m) 16 dv CITY OF FORT ODLLINi MODa7CATIONS IAEV 1/2000) purposes regtiired by paragmph626. The numbers of each Sample to he. submitted will be as specified in the.Specifications. 6.25. Subminal Procedures. 6.25.1. Before submitting each. Shop Dru\%* or Sample; CONTRACTOR doll have determined and verified: 6.25-.1A, all Geld measurements, quantities; dimensions, .specified performance criteria, installation requirements, materials, catalog numbers and similar information with respcd thereto; 6.25:1?. all materials with respect to intended use, lahricatitnR shippppitnrgg, handling, storage. assembly and iristallatiolt pertaining to the performimccof the Work„and 6.25.13. all infdrintion ielelive to C:0N7'RACI0R's solc'responsibilities in respect of means, methods, techniques, seWencrs and procedures of construction and 'safety'precautions .and progrums.incident thereto, CONTRACTOR shall also have revicwcd and coordinated each Shop Drawing or Sample with other. Shop Omtvings and Samples and with the ,requirements of the Work and .the. Comae Documents 6,251. Bach submittal will bear a.stamp or specific twitta-m i ndication that.CON'TRACTOR has satisfied CONfRACTOR's obligations under the Contract 'Documents with r4cct to CONTR4CTOR's review and approval of that submittaL 6.25-3. At the time of each submission, CONTRACTOR shall eive '13NGINEE1k specfic written notice of such variatio s.�if.any, that the Slop Drawing or Sampler submitted may. have from the requirements of the Contract Documents,. such notice to be in a written communication separate from the submittal; aril, in additim% shall cause a specific notation to be made on each Slop DrawMa and Sample submitted to EiNGINEER'for review and approval of each such variation. 6:26, ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule or Shop Drawings and Sample submittals accepted by ENG rMER as required by paragraph 2.). ENGINEER's review and approval will beonfy todetermine if the items covered by die submittals will, alter installationor incorporation in the Work, izmform to the information given in the Contract Documeints and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not emend to mans, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of I I 1 I F, I 11 I construction is specifically and expressly called for by the Contact Documenis).or to safety precautions or prngnims incident thereto. The review and approval of a.separate item as such will not indicate approval, of the assembly in which. theitem functions. CONTRACTOR shall make. corrections required Iry FNGfNEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct sT+ecificattention in wntrg to revisions other than the correctioru called for by GNGINEERon previoussmbmiltals. 62T ENGINEFR's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR Gom responsibility for any -variation from the requirements of the Contract Documents unless CONTRACTOR has in wrifing called ENGINEER's attention to each such variation at the time, of suhmassion as required by paragraph 6,25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporaud in or accompanying the Shop Drawing or Sample approval; nor will any npprmpl by ENGINEER relieve CONTRACTOR. from responsibility for complying with the requirements of paragraph 6.25:1 6.28:. Where a Shop Drawing -or Sample is required by the Contract Documents or the schedule of Shoo Drawing ,and Sample suhmissicins accepted by F.NGTNEER. as required by par agr 02.0. any related Work performed pnor to ENCr1NFER's review and approval of the pertinent submittal will he at the soleexpense and responsibility of CONTRACTOR. Continuing the Work- 6.29, -CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or. disagreements with OWNER. No WorkshaU be dcleyed or ,postponed pending 'resolution •of any disputes or disagreements, exc pt as pelmitted by paragraph 15.5 or as OWNER .and CONTRACTOR may otherwise agree: in writing. &M. CONTRACMR's General tMirranty and Guarantee:. 6.30.1. CONTRACTOR warrants aril guarantees. to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be ckiect ve. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.36.1.1. abuse, modification or improper maintenance or operation bypersons other than CONTRACTOR; Subcontractors or Suppliers; or 6.30.1.2. normal wesr .anal reur under normal uss€e• 6.30:2. CONTRACTOR's obligation to perform and complete the Work: in accordance with tnc Contmct' Documents shall be absolute. None oflhe following will constitute an acceptance of Work that is not in 8AC DU M44NERAL C'ONDIatONS 191 U-9 I1999 EJitiml, %I CTIT Of FORT CV LLI NS MODIFIC'ATIONS (RtV •Ir(llo) accordance with the Contract Documents or release of CONTRACTOR's obligation to perform thG Work in accordance with the Contract Documents:. 6:30.2.1' olnervationvby ENGINEER: 6.30.2.2. recommendation of any .progress or final payment by, aIGINEER: 6.30.2:3. the issuance of a oxrtificaie• of Substantial Completion or arry payment by OWNER to t-bN RACTOR under the Contact Documents; 6;30 2A. use or occupancy of the Work or arty part thereof by OWNM 6,30.2.5. any acceptance. by OWNER or any failure to do W. 630.2.6. am•- review and approval 'of a Shop Dm%%q'ng or :Sample submittal or. the issuance of notice drumptability-by ENO INEMpursuant to IarriSrriph 14:13; 63617, any insWction; test or approval, by ahers; or. - 630.2:8. any. txrreciion of cL;l%tnre Walt by OWNER. /ndemnifucduion: 631. To. the fullest extent pamimel by Laws and Regulations, CONTRACTOR shall indemnify arid. hold harmlM .OWNER, G;N'GENE:ER. ENGiNLER's Consultants and'the,officers, directors,-cmptoyecs,,agents .and other consultants of each and anv of them front and againsi'all claims,. costs; losses and damages (including, but not limited toi all fees and charges of engineers, architects, attorneys and other protessionals and all couit or arbitration or other disputer resolution mx4) caused by; arising out of or resulting kom the performance of the, Work, provided dint any such claim, cast, loss or damage: (i) is attriNtable to bodily injury, sickness, disease or death, ur to injury toor destruction of tangible property (other than the' Work itself), Including the loss ot�use resulting therefrom, and (ii) is caused in whole or in part by any, negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier_ any person or organizatioii directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable; regardless of whether or not caused in part by.any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified putt' by Laws aril Regulations regardless of the negligence -of any suds person or entity, 631 In arty .and all claims against OWNER or ENGINRER or any of dicir respective consultants, agents. officers, directors or emplayces by any employee (or the survivor or personal representative of such cmplovec) of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or'indirectly employed by 17 1 any of them to perform or furnish any of the Work or anyone for whose acts -any of them may he liable. the indemnification obligation under pam6r2ph6.31 shall not be limited in any way by any-limdauoa on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor Supplier or other person or organization under worker'' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6:31 shall not extend to the liability of EIYGPIEER and ENdwaR's Cons,ultarits. officers, directors, employees or agents caused' by the professional.negli_aence.errors or om Lsstons of any of them., Srirvi%W ofObhgatfomc 634. All rcpresLmafions, indemnifications. warranties, and auuarantees made in required by or given inaccordance with the Contract. Documents: as well as all continuine obligations indicated in the Contract Documents will survive. lint Istyment completion and acceptance of the Work and termi cn or completion of the Agrccmcnl. ARTICLF. I -OTHER' WORK' Related Work at Site: 7.1, OWNER may perform other work related to the Project at the site by OWNER' own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to he performed was not noted' in the Contract Documents, then: (i) writtennotice thereof will be. given to CONTRACTOR prior to starting any such other work and (y).CONTRACTOR may make a claim therefor as provided in Aiticles.l 1 and.12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties .are uiurble to agree us to the amount or extent thereof. 7.2, CONTRACTOR shall adcontractor ord each other conttor who is a. party to such a direct contmct and each utility owner (and OWNER- if OWNER is performing the additional wort: with OW IER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shalt properly connect and coordinate the Work with theirs Unless otherwise provided in the Contract Documents. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make, its several pans come together properly and integrrte with such other work. CONTRACTOR shall trot entdangwrany wort: of others by cuttutg, excavating ur otherwise altering their work and will only cut or alter their work with the written consent of IR 1G_ iNEER and the others whose work will be affected. The duties and re�tor�s�liilitias of GONund er tier this paragraph are fur the betcGt of such utility awrneni and other contnaws; to the extent that .there are comparable EXL)C OENERAL CONUI-n ON3141n-a 119W EJitiml 18 w7 CITY OF FORT COLLINS MODIFICATIONS W-V iRaOa) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors, 7.3. If the proper execution or results of any pact of CONTRACTOR'S Work depends uppon work ppeerrtormed by others under this Article 7, CONTRAACTOR shall inspect such other work and promptly report to GNGL\=- - in writing any delays, defects a�deficrencies in such•utlier wok that render it unavailable or unstritable for the proper exeation and results pC CUNTRCTOR's Work CONTRAi?TOR's 'failure sir to repot will constitute an acceptance of such other wokas. fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and defio4ricies in -such other wort . .Gaordmatlon: 7.4. If OWNFR. contracts with others for: the perfomtan a of other work on the project at the site, the following will be set forth in Supplementary Conditions: 7-4.1. the pcson, firm or corporation who will have authority and responsibility" for coordination of, the actMtics among the various prime'contracuirs will -he Identified,- 7.4.2. the specific matters to be covered by such authority'andresponsibility.will be item ized;and 7.4.3. the extent of such* authority and responsibilities will he,provulod. llnlcss othenvisc providcd in the Supplemmtary Conditions, OWNFR shall kric sole authority and responsibility ip respect ot'such coordination. ARTICLE 8—OWNER'S RESCONSIBILft'IFS: 8.1. Except as otherwise provided in, these General Conditions. OWNER shallissue all ccimmuriientions to CONTRACTOR through ENGINEER 8.2. In case of terntuuition of the employment of INGfNEER, OWNER :shall appoV an engineer against whom-C.ONT RAQT6R-makri-no+reasortsblr-ob*tiwtf whose status under the Contract Documents shall be that of the former ENGIN=- 8.3. OWNER shall furnish the data required of OWNER under tine Contract Documents promptly arml shall make paymems to CONTRACTOR promptly' when they are due as provided in paragraphs 14.4 and 14.13. 84. OWNER's duties in respect of providing lands and easements and Providing engineering surveys to establish reference points are set. forth in paragraphs 4.1 and 4.4. paragraph 4:? refers to OWNERSs identifying and making available to CONTRACTOR copies of repons of explorations and tests of subsurface conditions at the site and drawings of•physical conditions in existing I I I 11 1 11 1 11 strictures at or contiatio usto,dte site Unit have been utilind bIN -y ENGINEER in preNxtr" 'the Cnnlmci Doeumitnts., - fonlri,t-paregrephs33�thicxw, jt 44Q: 5:6. OWNER is obligated to execute Change Orders as indicatedin- paragraph 10.4. S,7. OWNTR's responsibility iti respect .of certain irtspecliorus: tests and apprmals is set Korth ­ in paragraph 13.4. R.$. In connection with OWNER's right to stop lL•ork or :suspend' W rk, see; paragt. hs 13;10 and 15,1, Parageph 15.2 deals with OM R's rightto'tcnninate servicesofCON'f AM'ORunderccitaincircumstances. 3.9. The OWNER shall not supervise, direct or have control .or authority over: nor be. responsible for. CONTRACI'OR's means methods, techniques, sequences or proeedures of construction or the safety fxccautinns gr d pro mms incident thereto or for ony (ordure of t>ON IRAC'fOR to comply w th l;mv5 and Rcgulaticns apjA cable in.the (umis_hing or crtonn un:c,af the Work. UtVNER" will not be responsible for CON'I'R 1C'fUR's fa lure to Nxrform or furnish the 0.'ifrk N accordance w th the Contract Documents. nLV�.;;P�;-remclhlliky-in_ respect -of undiml ised - R+tdioeafve-tvfetzFials-urx*avered•er-reviYdeii-nt-the-site-is afar-ferthtn-@ernernph�i�' C`/IARo nor i'np _ - am'•'� .... C.... r"-i,cv— t1.a..--,vmnalai' arrangements-have-hasten--made-to-satis€y--0 Wf+fGR'3. responsibility-in-respecvtheraofwill-be-ns;:L forth -tit -the Supplaittlttmrv.CAitditions: ARTICLE: 9-ENGLN-EER's STAns DURfig(:. CONSTRUCTION, OI 5VER's Represeniative: 9:1, ENI GIN-EER will be OWNER's representative during the construction period 'rhe duties. and responsibilities. and .the limitations of authority of Ei` GMER, as oWNER's representative during. construction are set forth in,the Contract Documents and shall not be extended without written consent of OWNER „nil ENTGINMt 1 rsits to Sire:. 9.2: ENGINEER will make visits to the sitc•alintervals appropriate to the various stages of construction as ENGINEER deans necessary tit order to observe as an experienced and qualified design professional the progress f7fUC UE'1pRAL CONUIHOtVS I'J I U-8.1199(16,titicN W1 CITY OF PORT LULLINS MODIFICATIONS (REV •U^ W a) that has been made and the quality of the various aspects of CON`rRACT6R's executed Work- fused on information obtained during such visits and observations; Nr GfNEER will endeavor for the benefit of OANICR to determine, in general, if the Work is proceuting in accordance with the Contract Documents, ENGINEER will not be required to make exhttistive or continuous un• site vtgrectiors to check the quality or quantity of the Work. ENG[NEER's efforts will be directed toward priwiding for OWNER a greats degrec.ofcorilideneecthei the completed Work will conform generally to the Ci rdrt ct Documents. On the basis of such visits an l im- site observations, ENGINEER. will keep OWNER informed of the progress of the Work and will endeavor to guard "OWNER against defective Work. HNIGINEE:R's visits and on•a,tC OhSCrvatiens are suhjcctio all the limitations on ENGINEER's autlority and responsibility set forth in paragraph 9,13, and particularly, but without limitation during or as a resuli of ENGINEER's un-site visits or observations of CONTRACrOR's Work ENGfN'EER will not supervise. direct, control or have .authority over or tier _responsible for ComrRAcrows .means, methods, tochniques, sequences or procedures of �construcuory or die safety .precaution and. programs. incident thereto, or for any failure of i:ONTRAG.TOR to compl}}-with, Laws and Regulations applicable to� the furnishing or performance of the Work. Prujeet Repreaeniabve: 9:3. If OWNER and ENGINEER agree, ENGINEERwill furnish a Resident I mject Repicsentativo to assist ENGINEER in providing more continuous observation of the Work. Thr responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as. provided in paragraphs9­3 And 9:13 and-i+. tom —Supplementary Conditions. of these General Conldition5, If OWNER des'" ates another reeppresenttative or agent to represent OWNER at the site 'who is not ENGNEER's Consultant, agent or employee, the respensibihiies and authority and limitations. thereon of such ether personwill be as provided in Hte Seppleftenta?, Eanditiera pater grapA-D of these General Conditions f the ENGNEER furnishes a Resident Rgiect Jtegrestrttative (RRP ) or other assistants,.or if the OtVNL•R desiim:ttes.a Rrp_eserita[ive or agent, all as otrntiled iri parneraoh 9.3 of the General Conditions, these Represenu,tiv_es shag have the-authori and limitations as ffgljded in paratnanh 9,I3 of• the GenemlConditionsand shall besubiect to the followine- 9.3.1. The Representatives dralires in matters pertaining to the on -site work wi1L in general, W with the ENGINEER and CONTR-4CTOR_ But. the Re esentmive will keep, the OWNER proN-dy advised about such matters. The Represatuutve's dealings with sub ontrdelors will only be throuVh or with the full knowledge arvJ apprdval o the CONTRACTOR. 9.3.2. Duties and Resimmibilities. Reonaentative AL Schedules - Revienv the nroaress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning accemability. 9.3.2.2. •Cmdererus and Meeting - Attend meeting with the•CONTRACTOR such as (reconstruction conferencesyprogess „meeting and. other iob conferences_ and prepare and circulate copies of minutes oCmr ttin- 9 i 23. Liaison Serve as Fti1GINEER'S linison with CONTRACTOR working principaUv through CONTRACTOR'S'sunefintendent to aLssisr the CONTRACTOR in understanding the Contracl Documents. 9.3.2,3.2. Assist inobta'unine fhmi OWNER addidonsl details or information when required, Car proper execution of the Work. 932:3.3. Advisethe bNWNEER and CONTRACTOR of the, commencement of •mny ,IV requiring a Shop-Dmwin sample submission if Ure submission has not been approved by the ENGMER_ 4 er�eiv� \of L'orl�jectioLDetective jl?ork..lretxetions and Tests S 2•4 I Conduct arFiite olmervations of the.Worl:'m p IW—L, S to assist the ENGINEER in dctcrmining that thk js proceedingin accordaricc with the Contract.DocumcrO �.3.24.3. Accompany visiting inspecfim representing public .v dher agencies having jurisdiction over the Proicct raord the resuhs of these inspections 7aW report to the ENGINEER 93 2.5. Lmerpretatiun of Contract Dactaneras. Report. to ENGINT-M- when' clarificittiam andinterpretations of the Contract Documents are _needed and transmit, to CONTRACTOR clarification and intertxetatio of the..Comtract Documents as issued by the ENGINEER 9.3.2.6. Vloclificatiorm Consider .and evaluate- CON'I'RA(:I'OR'S smgstions. for FICUC Ob'NhKAI: CONOIT10N'5 1911Fa 1199O Eci6ml %/ Cl1Y of F00.T IX1LLI M A10DnQCATIONS OtC•V-IPOO11) modification in Drawbigs or Specifications and repom tliese recommemb inns _ Io. ENGjNEGR. Acemately transmit- to CONTRACTOR decisions issued by the ENG VEER 9.3.23. Records: 2az-8—MLOM 9.12.8.L. Furnish• ENGINEER pyr,QKlic repotuk as required: of the EnLgress ooC the Work and of the OOANTRACTOR'S wMphonce_ii t �ht pLSF C �� schedule of shop Drawing .and sample subtrumls: 9 3r'_-yi�iCOa.AIi[ wit��ls'ijN_f�S�u advance of schedufirw- make tess nspwt ons or startof imporlvtt phases of the Work 9.3:2.83' Dmtt proposed Change Orders and Work D'trecUve Changes a quung btu;kttp material Gom the CrJNCR4Ct'OK and recommetxi to ENGINEER Change Orders: Work Dhective Charges and field orders. 93.2.6.4• Rcpuh immediately to MgGNEER and OWNER the occurrence of any accident 9 3.2 9 Payment Requests. Review applicafians for patlnent with CONTRACTOR for compliance tvith .the esiablishcil procedure for their submicsianand forward with recommendation to LI LN- GINT:ER noting particularly the relationship of requirements of -the Contract Documents (in the Corm of the payment requested -to the schedule of vulues.. Dmwings.or,oiherwise) as ENGINEER mny determine work completed and materials and euuioment necessary, which shall be consistent with the intent of and delivered at'tte sitz but not incorporated in the rewionebly'inferable from the CcNaractLkrcument Such 1V xk written clarifications and mterpretatiuns will be b iding on OWNER, and CONTRACTOR If OWNER or 9.3110. Completion CONTRACTOR believes that a written clarification or int:7,ctation justifies an adjustment in the Contract Price 10.1._ Before QVL4L -ER issues a or the Contract Times and the parties are unable to agree Certificate of Substantial Completion submit to. they umount or extent thercuL if any: OWNER or ,to CONTRACTOR" a list of observed items CCNTRACTOR may make a written claim therefttr its requirircgCorrection orcompletion provided in:Amide IJ orArtide l?. 9.31.10.2. Conduct final inspection in the Autho ized !Aariadons in Work: eompanv of the ENGINEER_ OWNER and CONTRACTOR arid, mcparc a, final list of 9.5, ENGINEER may authorize minor variations in items to be corrected or completed the Work, from the requirements of the Contract 'Documents which do not im•ohe an adjustment in the 9.3.2.10.3. Observe that all items on the Contract Price or the Contract Times and are compatible final list have been connected or completed and with the design concept of the completed I'rojea as a make recommendations to ENGINEER funcliuning whole us indicated by the_ Contract concerning acceptance. .Documents. These may be nocompl%hed by a Field Order .and' will be binding on OWNER .and also an 93.3: Uiritation of Authority: The Representative shall CONTRACTOR who shall jerfonn the Work involved np[� promptly: If OWNER -.or C:ONTRAC1.OR believes that a Field Ceder justifies an adjustment in tlieCoaact Pricc u 93.3.1. Authorim anv deviation% from the, the Caitma Tirriaa and the parties are unable to agree as .Contract Documents or accept any substitute to the amdunt or extant thereof, OWNM or ' n5tengl�_i merit •unless auittg&O by ttie CONTRACTOR may make a written claim therefor as FAN GINHHR. pricy ide.d i n Article 1 I • or 12. 9.332. Exceed limitations of ENGINEER'S' RejectingDefedweWork. authwiry as set forth'in the CNamct D&umennll 9.3.3.3. Undertake atrvaf the rc%ponsi6ilitias ',9161 ENGINE3ERwill have authority to.disagprovcor of the CONTRACTOR Subcontractors. or reject Work which F,NGfNF.F.R txliev�3 to be defective, QQjY[RA_CLQ * u ititende2t or that ENGINE -ER Relieves willnot produce a completed fticct that dunforms to the Contract Documents or, that 9.3.3.4. -Advise opt or issue directions relative will prejudice .the integrity of the designconcept of the to or assurne control over any aspect of the •completed Project as a functioning whole asindicated by meart, methods, techniques; sequences or the Contract Documents. ENGINEER will also have Ixg5edgLes_tor coast a iorA ess _ it, is authority to require, special ;inspection, or tra ing of the specifically called for in the Contract Documents. Work as provided n paragraph 13.9, whether or ni?t the Work is fabricated, installed or ecmlplated. 9.3:3,5. Advise on or issue dlractlpn% F �.na or assume control over safety Shop Drawings, Change Orders and Payments. - cautions; and or ams in connections with the Work 9.7, In connection with ENGiNEER's authority as to . Shop :Drawings and Samples, see paratoaphs 6'_4 through 9.3.3.6. Accept Shop Draw•uus• or sample' 6.28 uailusive. ' submitcnN from nnvone other than the CONTRACTOR 9'S. In connection with ENGNEERs'authority as to Orders. scc Articles 16, 11 • and 12, 9:3'3.7._ Authorize OWNER to occupy theCliange Wort in whole or in part: 1? 9. In connection with ENOMER's authority as to Applications for Paymeint. seeArticletW, 9:3:3.8. Participate iri_speuali�d field or laboratory tests or inspections conducted by uthers DGeriniriduions for Uhir,Prices: except as speciliimlly authorized by the ENGINEER 9.10. ENGINEER will detemiiine the actual, quantities and classifications of Unit prlee Work performed by Clarificatiorrsand lnterpretations: CONTRACTOR. ENGINEER will review with CONI'R wrcw the liNGINEER's preliminary 9.4: ENGINEER Will issue with reasonable primtptness determinaliurns do such misters before rendering u•writlen ' such written, clarifications or interpretations of the decision thereon (by recommendation of an Application F:ICDCOE'\FRAL CONI7ITIOIJS t91 US I IYNa tii6iixml '31" ' u! CITY OF FORT CULLi M MODIFICATIONS tR&V 4n(9J0) 11 I� for Payment or otherwise), ENGINEER's written decision decision,, unless otherwise agreed in writing by 01VNER thereon will be fowl and binding upon OWNER and andC,ONTRACTOR CONTRACTOR unless. within ten days after the date of any such decision, either OWNER or CONTRACTOR 9.11 When functioning as interpreter and judge under , .delivers to the other and to ENGINEER written notice of paragruphs9.10 and 9.11. 'ENGINEER will not show intention to appeal from ENGINEMs decision and: (i) an OWNER or CONTRACTOR and ivill not be - liable appeal from ENGINEER'& decision is taken within the time in liable m connection with any interpretation or .decision limits and in accordance with the procedures set forth in "rendered in good faith in such capacity. The rendering of Exhibit GC -A, "Dispute Resolution Agreement", entered it decision by ENGINEER pursuant to paragraphs 9Ai) or ' into between OWNER and WNTRACTOR pursuant to 9.11 with. respect to an)y such claim, dispute or other Article 16, or (i) if nit such Dispute Resolution Agreement .6 matter (except any which have been wwaived sy the making has been entered "G. a formal proom.din is ingituted by U< acceptance_ of final payment as provided .b the appealim party in aeforum of competent l'urisdiction to pamgmph,14.15) will he a condition precedent to any exenase suchh rights or remedies as the appealma,party may exercise by OWNER or CONTRACTORof such fights 6r , have with respect to E"NGINF.F.R's decision, unless remedies as either insv otherwise have under the Contract otherwise agreed in writing by OWNER and Documents or by Laws.or Regulations in respect of any CONTRACTOR Such appeal \will not be subject to the such claim: dispute or other matter-pupsuanHe+ rude-16: procedures of paragraph 9.11. 9,13. Limitations on EA'ClNEER's rtur6vrity and ' Dedsfonson Disputes: R4pi dbillrler 9.11_ FNGINFFR will be the initial interpriter of the 9,13-:1_ Neither ENGINFER'.sauthority or reyuiremerts of the Contract Dr i uments and judge of tlu respnngibilittyy under this Article 9'or under, other acceimhility of the Work thereunder 4laimq diaputeg and provision ofthe intact Documents nor any decision , otFicr matters relating to the acceptability of the Work or made by ENGiNQER in good faith either to exercise the inwrprt;tation of the requirements of the Contract ur not -exercise such auilurity or tic-sposehiliry or the LX. merits pertaining to the pierforniancc.arid furnishing of undertaking, ccercise or performance' any authority the Work atidclaims midQ r\rticics 11 eruct in respect of or responsibility by F�IGINFER 4 It creatc,'impose cltariges in the Contras Price or Contract Times will be or give rise to any fluty owed by INGQJEER to , referred inmally- to RNGINEER in writing with a request CONi'RACTOR,. any'Subcomtactor, any Suppliv; for. a fdrmaf decision in accordance with this paragraph. any other person or organization; or to any surety for Written npiiee of each such claim, dispute or other matter or employee or agent of airy of.them, will be delivered by the. claimant to ENGINEER and the other party to the Agreement promptly (but in no cy¢nt 9.13;3, F3\GlMiliR w ll not supervise, aired, later than thirty days) alter the scan of the owurrenc'e or control or Mate authority over or bc'iesponsble'for ' event giving rise thereto, and written supporting data will CONTRACTOR's metals, methods, techovqucs. be wbinitwd to ENGINFF.R and the other party within scquenccs or pmeulures of construction or the safety sixty, days after the start of such occurrence or event unless precautions and prLimms incident thereto or for any ENGINEER allows.an additional period of time for the failure of CONTRACTOR to oamply with Laws and submission of additional or more accurate data in support Regulations applicable to theturthishing or ' of such claim, dispute or other matter, Tire opposing party performance of the Work. bNG1NECR will not he shall submit any response to ENGINEER and the claimant responsible for CONTRACTOR's failure to,perf Tm within thirty days after receipt of the claurant's last or furnish the Work in accordance with the Contract submittal (unless ENGRNF.F.R allows adtlitional time)- Documents. ENGINEER will render a formal decision 6 writing within ' thirty days alter receipt of the opposing, ryarty's submittal, if 9.133. ENGINEER will riot be re_sponLsiblie fix the any, in accordance with this paragraph. FNGINEER's acts or omissions, of CONTRACTOR or of any written decision on such claim, dispute or other matter will Subcontractor, arty Supplier, or of arty other personor be tirml and bin ding upon OWNER and CONTRACTOR irganicaLion performing or fumishing any of the unless: (i) an appeal from ENGNEER's decision is taken Wort . , within the time limits and in accordance with the procedures ,set t'udir in EXHIBIT GC 4V "Dispute 9.13.4. ENGL'NEER's review of the li isl Application Resolution.Agreemenr%cmeredinto between OWNTERand for Payment and accimhpanying•dom!mentauon and CONTRACTOR pursuant to Article lei, or (ii) if no such all maintenance and operalirg urstructiom schedules. , Dispute Resolution Agreement has been entered into, a guarantees, Bonds and certificates of "vis*don, tests written notice of intention to appeal from CNGRNEIEWs and approvals and other documentation required to be written idedsion -is delivered by OWNER ur delivered by pardcw,iph 14,13 will only, be to CONTRACTOR to the other and to ENGhNEM within determine generally that their•content complies hvith thirty days after the date of such decision seal a formal the requuanents of, and in the case of QMifiates of ' proceeding es -instituted by the appeathi parry in a forum of -inspections tests arid' approvals that. the results eompeterit jurisdiction to exercise such rights or remedies certified -intricate compliance w•ithi the Contract as the appealing party. may have with respect to sw3tclaim, Documents, dispute or other matter in accordance with applicable Laws and Regularions within si:"ny days of the date of such 9-13-5: The limimtions urrin authority and , 2L Ert:UO OEti6R,V: C-0NU1TC%NSi91u-7a Ilw Ectidml ar CITY OF FORT COLL1 M MODIFICAT10NS utEV •11:(100) I 1 I I I 1 I 1 I 1 1 1 responsibility;set forth in this paragraph 9.1 3 Shall also apply to ENGINEER's.Consultants,, Resident Project Representative and assistants. ,UtTICLF IO-CMVNGFS IN THE WORK 10.1. Without invalidating,the Agreement and without, riotice_ to any surety. OWNER. may, at any time or Gin, Hine to time. order additions. deletions or revisions in the Work Such additions; deletions or revisions. will he authorized by a Wrin m Amendment, a Change Order, or a Work Change Directive. upon receipt of any such document, MoITRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditians of the Contract Documents (except as otherwise specifically provided). 10.2. If -OWNER and CONTRACTOR are Linable to agree as .to the eAera, if, tiny, of an adjustment in the Contract Price or an adjustment of the Contract T Imes that should besllowed as a result of a Work Change Directive; a claim may be made rheicforas,provided in Article I 1 or Article 12, 10.3. CONTRACTOR.shall not Ix: entitled to amincreLsc in rite Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended; modified' and mpplaacnted as provided ih paragraphs 3:5 and 3,6,.except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering• Work as provided in paragraph 13:9. 10.4_ OWNER and CONTR C70R skill eretute appropriate CharV Orders recommended by ENGPaIEER (or Written Amendments) covering: 10.4,1, changes in the Work which are n) ordered by OWNER pu mart to paragraph I0A. (u) required because of acceptance of ikfte iiv Work under paragraph 13,13 or correcting riefeenive Work under paragraph 13.14, or flit) agreed to by the parties: 10.4 2. changes in the Contract Price or Contract Timeswhich are agreed to by the parties; and 10.4.3. changea. in the. Contract. Price or Contract Timis which embody the. subsumce of any niTitten decision rendered by ENGINEER pursuant to. paragraph 9 1 l; provided that,. in lieu of executing arry stint Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeaL 1. NTRACeOR shall cam on the Wick and adhere .to the progress schedule. isprovided in paragraph 6.29. 10.5. If, notice of any chance affecting the general scope of the Work -or the provisions of the Contract Documents WDc:OF»'','RRAL CON1)IIiONS t910S t 19" &Dora) uC CITY UP FORT LOLLI i S MODIFICATION3 (REV •IRIX10) (including, but not limited to, Cohtmct Price or Contract Times) is required by the provisions of any Bond to be given to a suretyy the giving of any such notice will be. CON'fRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly; - AKrICLE It -CI- iNiGE 06' C0N'rR 1CT'PRICE" IIA. The C,8ntmct Prices" cosmitutcs the total compersation.(suhject to authorin-dadjustments) payable .to CONTRACTOR for pedbrining the \monk NI duties: ivstionsibilnicx ana obligations'a4signed to or undertaken - by CONTttAt_ rowshall he atCONI'.RACTOR's expanse without change in the Contract Price. 11,2: The Contract price may onlybe changed by a. Change Order or by a Written Aarndntem Any claim 'for:an ndjustmem in the Contract Price shall be based on written notice delivered by the,pany snaking the claim tin the other party and to EIVGINMR promptly (but in no event later than thin), 'days) aller the start of the occurrence or event giving rise to the claim and stating the general witure of the claim, Notice of the amount of the claim with supposing data shall be delivered within suety days after the star of such occurrence or event (unless ENGINEER allowsadditional time for claimant ,to mbmit additional or mare accurate data in support of the claim) and shall be. accompanied b»_5claimunt's written statement that the,adjustment claimed covets all known amounts to which the claimant is emided as a result of said occurrence or event All claims for .adjwuncnt in the Contract. Price shall be determined by ENGrNEBR in accordance with paragtiph9,11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the. Contract Pace will be valid if not submitted in accordance with this paragraph 11.2- 11.3. The value of any Work, covered by a Charge Order or of any•claim for an adjustment m the Cbr6act Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit pi-kcsto the quamities of the items involved (subjgct to the provisions of '3 is necessary after the work has been completed, the City will perform the striping. All costs incurred for the striping will be the responsibility of the Contractor. D. Revision to Section 600 - Correction Period for Concrete Work REVISION OF SECTION 601 STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows: A two year warranty period will be apparent for all concrete placed as part of the construction project. The warranty period will begin the date the project has reached final acceptance. All improvements which do not meet the project's contract specifications, be it through substandard materials or workmanship, shall be removed and replaced at the Contractor's expense. The project will be inspected by City representatives on a quarterly basis throughout the duration of the two year warranty period. The City will develop a list of improvements which will need to be removed and replaced and deliver this to the Contractor. The City and Contractor will meet to finalize the list of improvements to be addressed along with determining the timing of the work to be completed. The following failures will result in removal of the concrete, adjustment of the underlying material (if necessary), and the replacement with material meeting the project's contract specifications: • Concrete that has heaved or settled a difference greater than 0.75" as compared to adjacent hardscaped improvements • Concrete containing one or more cracks through the full depth of the improvement that separate the improvement into two or more parts • Concrete improvements constructed which do not meet specified grades in the plans. If water pools greater than 0.5" after a storm event, concrete improvements will need to be removed to nearest grades that meet the contract's intent and replaced, enabling proper drainage • Concrete containing honeycombed areas • Concrete containing an extreme void as defined in Section 412.16 • Concrete containing more than one void greater in depth than half the pavement thickness • Concrete containing a cumulative surface area of moderate and severe voids greater than one percent of the slab's total area • Concrete containing 20 or more severe voids • Joints that are spalled over 50% their length All concrete to be removed shall be removed in a manner that minimizes contamination of the removed pavement with underlying material. The removals shall be performed in accordance with the removal specifications for Structural Concrete as are defined in the contract. The damaged concrete shall be cut in a straight, true line with a vertical face Addendum 1 — 7244 Linden Street Streetscape Page 5 of 24 , paragraphs 11.9.1 through I L9.3, ihclusive); CONTRACTOR shall obtain competitive bids from - Subcontractors acceptable to OWNER and 11.3.2. where the Work involved is not covered by CONTRACTOR and shall deliver such bids to unit prices contained in the Contract Documents, by a OWNER who will then determine; with the advice of , mutually ulp-ced payment basis, including lu ip sum ENGINEER. which bids, if any, will be accepted: If (which may include an allowance for overhead and any subcontract provides that the Subcontractor is to profit not necessarily in accordance with be paid on the basis of Cost of the Work plus'a fee, paragraph 11.6.2): the Subcontracloei Cost of the Work and fee shill be determined in the same manner as CONTRACTOR's , 11.3.3. where the Work involved is not covered by unit Cost. of the Work aril fco as provided in prices,contained in the Contrait Documents and paragraphs 11.4, 115, 11.6 and 11.7. All agreemtiit to a lump sum is not reached under subcontracts,sball bx subject to the other provisions of pamgmph 11.3.1, on the basis of the Cost of the Work the Contract Documents insofar as npplicahle. (determined as provided in paragraphs 11.4 and 11.5) ' plus a CONTRACTOR's fee for overhead and profit 11.4.4. Coo of special consultants (including- but (determined as provided in- paragraph ll.6), not limited to enginecis, architLts, testing laboratories. surveyors, attorneys and. accountants) Cost of the Work, employed for .services spceificall-v retired to the Work. , 11A. The term Cost of the Work mean% the sum of all costs necessarily incurred and paid by CONTRACTOR in 11.4.5. Supplemental costs including the following: the proper performance�of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall 11 4 i:l. the pro portion of necessary be in .amounts no, higher than those prevailingin the locality the Project, include the following transportation; travel, and subsistence expenses of (ONTRA(`I'OR's -incurred - , of shallonly' items and shall not include any of the costs itemized in employees in discharge of dutics conntmtedwith the Wont pahgraph 11.5:. I1.4.1. Pa)Tdl costs for employees in the direct 11.4.5'.2. Cost, including transportation and maintenance. of all materials, .supplies. employ of CONTRACTOR -in the -performance of the equipment, machiney; appliances, office and Wort- under schedules of job classificationsagreed temporary facilities at the site and land =Is.not upon by OWNER and CONfRAC'rOR. �Sucli owned by the workers which am consumed in the employees shall include without limitation performance of the-Wbrk, mil cast less market superintendents; foremen and other personnel value of such items used but not oonstr ned'which employed full-time at the site. Payroll -costs Tor remain the property ofCONTRACTC)R: ' employees not eiployed full4ime on the Work shall be apportioned an the hasis:of their time spent on the 11A5:3, Retitalsof all consWction Work Payroll costs shall mclude-butltotbe Wined to. equipment and machinery annd'the parts thcreof salaries and wages plus the cox of fringe benefits whether rented from CONTRACTOR or osiers in which shall include social security contributions; accordance with rental agreements approved by ' unemployment,' excise and payroll taxes, wor,trs' OWNER with the advice.of ENGINEER, and the ccmpcnsation health and-rttirement benefitsrbontmes; costs of transportation loading. unnlo>aifunr,. s i applicable thereto. The expenses of performing Worlc after regular installation, dismantling and removal thereof —all in- accordance with - terms oaf said rental working hours• an Saturday. Sunday or legal holidays, agreements- The rental of any such equipment, ' shall be included in the above to the extent authorized machineryor pans :shall cease when the 'use by OWNER, 'thereof is'no longer necessary for the Mork. 11.4.2. Cast of all materials and equipment furnished 11.4.5.4. Sales;. consumer, use or similar taxes and in*porated in the Work including costs of related to the Wort:, and . for which , transportation and storage thereof, and Suppliers' 6eh1 CONTRACTOR is liable, imposed by Laws and services required in connection therewith All rash Regulations. discounts shall accrue to CONTRACTOR unless - OWNER. deposits funds with CONTRACTOR with 11.4.55. Deposits lox for causes other than which to make payments, in which case thecash negligence of C.ONTKICTOR any discounts shall accrue to OWNER. Ali trade Subcontractor or anyone directly or iindirecdy discounts rebates and refunds and returns from sale of employed by. any of them. or for whose actsany surplus materials and equipment shall accrueto of them may be liable, and royalty payments and OWNER and CO:`ITRACTOR shall make prc�isionns fees for pernuts and licenses. so that they may be obtained. , 11.4.5.6. Losses and .damages (and related 11.4.3. Payments .made by CONI'RAC:T()R to the by, expenses) caused by damage to the Work, not Subcontractors for Work' cr furnished by connpensated by insurance or otherwise. sustained Subcontmetors. If required by- QWINPR, by CONTRACTOR in connection urith the ' Ea'DC OMRAL CONDIT1Ci`^3 191 iFa.tlYva EcLUml. 24 wYUlYOFFOATebLLIMNIODIFICA'CIONSQtLYdRaatn pertbrmance and' fwnislting of the Work (except I i.5.5, Costs due to the negligence of losses and damages within the deductible,mnount% .CONTRACTOR ttm• Subcontractor, or anyone of property insurance established by. OWNER in accordance with paragraph 5.9), provided they directly or indirectly employed by. Any of than or.for whose ads any of them may be liable; -including but have resulted flan causes other than the not limited to, the ebnvclion of dkfeetnre Work. ppeegqlIrgence of CONTRACTOR. any I of materials or equipment wrongly supplied Subco ttractor, or anyone directly or indirectly arid ma"- guod any damage to property, employed by any of them or for whose acts any of them may be liable. Such lows shall include I 1 5 6. Other overhead a general c:qx-rcic costs of sc}dements matte with the written consent and any kind and the costs uCany item not specifically and Approval cif OWNER 'No such Busses, dimugd:s etpresslyinciddedin paragraph ll 4, and egxnscs stroll be included in the Cost of the Work for the purpcwe of determining b1.6. The CONfRAGTOR's fee allowed to CONTRACTOR', Cee, l� however, any such loss CONCRACTOR fix overhead and profit shall be or damage requires reconstruction and determined as follows: CONTRACTOR is placed in cKnec thercof, CONTRACTOR shell be paid for services a fee TI.6.1. a mutually acceptable fixed fee: or proportionate to that statcd in_pameraph 11.6:2. 11.6,3, if feted fee is.nol Agreed upon, Lien o lie 1 IA.5.7. The cost of utilities, fuel and sanitary based on the folhnving percentages of the various - " facilities at the site, portions of the Cost of the Work:' I1A,5.8. Mina expenses such as telegrams, HAIL far cros� incurred under ' Idxug•distance telephone ells, telephone-serviceat paragraphs i 1.4.I: and I f:4::; the the site, expressage and similar petty cash items in ( ONTRAC]'OR's We shall hefifieenpercent •conncemon.with the Work. ll,tS:4:'_'. for costs incurred under 11.4.5.9. Cost of for additional Bonds .paragraph 11.4.3, the MNI TRACTOR's"Ice shall. ' and inntrrance regUired beciusi of changes in the be five percent: Work. 11.6'2.3. where one or more tiers of '1 15'.. The term Cost of the .Work shall not include any of subcontractsare on the basis of Cost,of the Work the following: plus a tee arid, no fixed fee is agreed upon, the ' intent of paragraphs 11:4.1, 11.33, 11.43 and 115.1. Payroll coats and other compensation of 1162 is ,that tha� Subcontractor who actually CONTRACTOR's officers. exec=tttives, principols (of performs or furnishes the Wort:, at whatever tier. pannershipand sole proprictorshups),_gernxalmanagers, will'. be laid a fee of IiRcen percent of the cxts tgicts uneeis, architeestunatois attorneys, tuditas; incurred by such'Subcontractor under paragraphs accountants; purchasing and contracting agents, 11:4-1 and HA.2 arid that any higher tier eapcditers, timekeepers, clerks and other persomiel. Subcontractor and CONTRACTOR will. each be employed by CONTRACTOR'wheiher at the stte'or in pain a fir:-of-fiva-percent-a dtaamount-pain-to CONTRACTOR's principal or a branch office for themert-luwertierSabconaudxor- tobeneeniiatcd &enetal administration of the Work and not specificallygood Included in the upon of Cai with the OWNER but not to exceed Five theamoum lower agreed' schcrluhe Goi classifications' referred to in paragraph"11A.1 or. tx:rant of paid to the nun tierSubcQpt�}q� specifically covered by paragraph 11.4.4=a11 of which are to be considered administrative costs covereJ by the 11.6.2.4. no fee shall be payable on the basis CONTRACTOR'S fee. of costs itemized under, paragraphs 11.4.4, 11.4.5 and 11.5: t 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at 11.6.25. the amount of credit to be Idldnved the site. b,y CONTIL4CTOR to OWNER for any change 11.53. Any pan of CONTRACTOR's, capital which resulla in a not decrease in cost will Ix: the amount of the actual net decrease in cost plus a espouses, including interest on CONTRACTORS deduction in COMMACTOR's fee by tin amount capital employed for the Work and charges .against equal to five percent of such net decrease; and CO,NTR.ACTOR tordelinquentpayments. credits are 11.olved when both adddiothe 11.5.4. Coal of premiums fur -all Berries end for all involved in any one chaiu_e._ the adjustment in ad insumnee whether or not CONTRACTOR isrequired CONTRACTOR's Cee shall be computed on the by the Contract Documents to purchase and maintain Basis of the net change. in accdrdanccwith t1x same (except fa.the cost of premiums covered by paragraphs 11.6.2.1 through 11.6.2. ;,inclusive. subparagraph 11.4.5.9 above). ' I L7. Whenever the cost of any Work isto be ExoCoL%'ERALCONUITIOM Iy1e-s ttv&r BcBdau 25 wr CITY or• FORT CoLLI NS MODINCATION3'(AEV -10NO) I 7 determined pursuant to paragraphs l IA and I LS, CONTRACTOR will establish 'and maintain recurds thereof in accordance with generally accepted accounting practices and submit in Conn acceptable to LNGMl1R an itemized cost breakdown together with supporting data Cash A110"vrncev: 11.8. It is understood that CONTRACTOR has included. in the Contract, Price all allowances so named in die Contract act Documents and shall cause ,die \Vora so covired to lx furnishedrat amf perforated fur, such sums as may be acceptable to OWNER and ENGINEERi CUNI'Rr\crm agrees that: 11,8.1, the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of matertIs and equipment required by the allowances to be delivered at the sila,and all applicable taxes; and 11.8.2. CONI'R \C.TOR's. costs for unloading and handling,on the site, labor, installation costs,. overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and nct in the .allowances and no demand for addlitional'payment.on account of any of the foregoing - will he ;valid. Prior to fired pay nient: an appropriate Change Order will be issued as recontmendcd_by I•NGINEER to reflect actual amounts due CONTRACTOR on'accountof Work covered by allowances, and the Contract .Price shiall be correspondingly adjusted. ►t.9. Unit Price Work' 11.9:1. Where the Ci ntract D Lumens provide that all or part of the Work is to be Unit Price Work, initially Ihe.Contraet Price will be deemed to include for all Unit. Pried Work an amount equal to the stun of the establishedunit prices for each separately identified item of Unit Price Work tines the estimated quantity of each item as indicated in die Agreement. The estimated gram itics of items. of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and 'deteimbungan initial Contract Price. Determirotior of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR 1vi11 be made by HNGATMA in accordance with pamgreph 9. M 119.2. Each unit price will be deemed to include an amount considered by CONTRACTOR. to he adequate to cover CONTRACTOR's overhead and profit for each separately identified'itam. 11.9.3.OWNER or CONTIU\CTOR ,mav make a claim for an adjustment in the Contract Price. in attordancc With Article I I if., 119.3.1. the quantity of any item of Unit Price Work performed by C'ONfRACI'OR differs materially and significantly from the estimated quantity of such item indictated in the ,Agreement; F.1(:U(:OENERN. CONUIflC?N5.1YIiFa I1J)a Eotitiml rG. al CITY OF FORT COLLINS MOUa4CATIONa(REV •1201x) and 119.32. there is no corresponding adjustment with respect to any other item of Wurk', and 11.9.33. if CONr1'RACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER' believes thiii. OWNER is entitled toa decrease in Contract Price and die ,parties are unable to agree as to the amount of env such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the riek to add or delete items in the Bid or chance quantities at OWNER'S sole discretion without uffeding the Contract- Price of any remaining item so lung as the deletion or addition dues not exceed twemv-live Percent of the -original total Contract Pricy ARTICLE 12—CHANGE OECONTR,\CT" I' cos 12.1. The contract'rimas (or Milestones) may only be changed by a Chvtge Order or a Wriacn Amendment: Any claim for. an ad'usu neat of the Contract Times (or Westortes) shall he based on written notice delivered by the party making the claim to the other parry find to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notcc of the extent of the claim with supporting data shall be debvered' wlthur sixty days after such occurrence (unless ENGINEER allows addas itional time to certain more accurate data in, support of the claim) and shall be accompanied by the cairnanrswritten statement that the adjustment claimed is the entfre adjustment to which the claimant has reason to Believe it is entitled as'm result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by FNGTNF.F.R in accordance 'with pamgmph9,11 if OWNER. and CONM\CTOR cannot otherwise agree. No claim fur an adjustment in the. Contract Times (or Milestones) will be valid if no submitted iii accordance with the requirementsof this pamgmph 12.1. 111 NI time limits stated in the Contract Documents are of the essence of the.Agrecinertt 111 Where CONTRACTOR is prevented from completing, any part of the. Work within the Contract Times,(or Milestones) dueindelay.beyond-the control of CONTRACTOR; die Ccmtmct Times (or Milestimcs).will be extended in an a mounL equal to time lost due to such delay if a claim is made therefor as provided in pete�rph 121. Ueays beyond the control of OIvTaR4CTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neelzct of utility. owners or other contractors performing other work as contemplated by Article 7. foes floods. epidemics. abnormal weather conditions or nets of God. Delays .attributable to and I I ' I I I f I 11 I I 11 r within the control of a Subcontractor or Supplier shatl be deemed to be delays within the control of CONTRACTOR 124. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an extension of the Contract Times (or hGlestones) in an amount equal to the time last due to such delay shall be CONfRACTOR's sole and occlusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, .any Supplier, any other, person or organization or to any surety for,or employee or 'agent of any of diem, for damages arising out of or resulting from 6) delays caused by or within the control of the a)NTRACI*0R,. or (11) dclsys beyond the control of both partiea including but not limited to, Grm floods epidemics: abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7: ARTICLE 13—'rwrs AND INSPECTIONS, CORRECTION, RKMOVAL OR ACCEPTANCE OF DE-FECTIVF.•WORK t3; L Notice of Drfecui Prompt notice of all dajecdve Work of which OWNER or ENGINFER have acaW knowledge will be given to CONTRACTOR- All dafecrlre Work may be rejected, corrected or accepted as rrovidod in this Article t 3- Accesstn Rwork:, 13.2. OWNER ENGINM-R. NGINEER's Consultants, other representatives and personnel of OWNER nndependetftesting laboratories and goverrunontal agencies with jurisdicuorral interests will have access to the Work at reasonable -times ftr their observation, -inspecting and testing, CONTRACTOR shall provide them proper and safe conditions for. such access and''advise them of CONTRAC:TOR's site- afety procedures and programs so -that they may comply therewith as applicable. TeatsandIn pecdons 13:3: CONTRACTOR shall give LNGINEER timely notice of readiness of the Work for all required ilrspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an indePendent testing laboratory to perform all M=insions, tests, or' approvals required by the Contract erascxcept: 13A.1, for inspections; tests or approvals covered by paragraph 13.5 below: 13.4.2. that cents incurred in connection with tests or inspections conducted ptusuant to paragmph 13,9 9 DCCJQ,'ERALCONUI11PM 191US(t99 Edlitnl w/ OW 01' FORT COLLINS MOnn7CATIONS MEV ,IMMI ) below shall be paid as provided in said pamgntph 13:9: and 13,4.1 as otherwise specifically provided in the Contract Documents, 13.5: If Laws or Regulations of any public body having jurisdiction require any' Work (or part thereol) specifically to be .inspected, tested or approved by .an employee or other reprtaentutive of such public Ludy. CONTRACT shall assume full responsibility for arrani;Tn and obtaining such inspections. tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of 'inspection or approval: CONTRACTOR shalt also be, responsible for arranging and obtaining And shall' pay all costa. in connection with any inspections, tests or approvals required for OWNER's and ENGINFF.R's acceptance of materials or equipment to be incorporated in the Work or of materials, mix. designs, or egwpment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13,6, If any Wort: (or the wgrk of others); that is to be inspected; tested or approve 'e covered by COMM(' TOR without Britten concurrence of L';GINE•E'R• It must, if requested by FMINEFR be uncovered for observation. 13.7, Uncovering Work as provided in paragraph 13,6. shall he at WNTRACCOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the saute and F.INGINFER has not acted with rcasonahlc promptness in • response to such notice: Uncm,ering Work- 13:8; IN If arty Wcrk•, is covered cent rary to the written rcquesr of ENGINEER it must; if requested by LNGINEER be uncovered for LNGINEER's observation and replaced at CONTRACTOR's expense. 13;9. IfF.NGINEF.R considers it necessary or advisable that covered LVork be observed by ETIGWEER or inspected or tested' by others. CONTRACTOR at ENGNEEWs requesq shall uncover, expose or otherwise make available for observation, inspection or testing as 2NGINEE2 may rcttuir , that "portion of the Work in question furnishing all necessary labor; material and equipment If it is found that. such Work is defective, COhrl'R.ACTOR shall pay all claims. costs, losses and damages caused by, arising out of or resulting from such uncovering, exposwe; observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all cents of repair, or replacement of work of others); and -OWNER shall'be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof may make a claim Lherefor'as provided in Article I I. If., However, such Work is not found to be ebjecth,L. (.'ONTRACrOR shall be allowed an inaeasa in the,Contract Price or an extension of the Contract Times (or Milcstotres), or both, directly attributable to such '7 I I ncovering a q>o6ure, observation, inspection, testing: repiticement nml rec:omtructiom arxf if the parties are Unable to aarec as to the amount or extent thereof CONTRACTOR may make a claim therefor as provided in .Articles 1 l and I'. 01MAER .flay Stop the Work: 13.11 i. If the Work is Wfec•th+K or CONTRACTOR rails to,supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perthrm the Work in such a' Hay .that the txtmplelal Work wiff o:unrorm to the Contract an Documtt OWNER may order. CONTRACI'OR'to stop the Work, or any portion thereof. until the cause for such order hos peen eliminated; hutvever, this right of OWNER' to stop the Wolf: shall not give rise to any duty on the part of OWNER to excreise this right for the benefit of CONT RACrOR or any surety.or other party. Correction or Rmronal of Defective Work: 13.IL If required liy.ENG1NEER,CONTRACTORshall .promptly; as directed, either correct all defective Work; Whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is. not defective, CONTRAGfOR shall pay all claims. costs, losses and damages .caused by or resulting from such correction or removal (including but not limited to all, dogs of repair or replacement of work of -others). 13.12.. Correction Period. 13.12.1, if within gne y?eF two yen 'after the date of Substantial Completion or such longer period of time as may be prescribed by haws or Regulations or by the terms of any applicable special guarantee required try the Contract Documents or by any specific provision of the Contract Documents, any work is found to be defeeth;e, CONTRACTOR shall.prompily, without cost to OWNER and in accordance with OWNER'S written instructions: (o) correct such defective Work or, if if has been rejected by OWNER', remove it from the site and replace it with Work that is riot osafecrrve, nnd' (ii) satisfactorily corrector remove and replace any damage 10 other Work.or the work of others resoling therefrom. if CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay Would cause serious risk of loss or damage, OWNER may hnveahe defective Work corrected or the rejected Wort: removed aril replaced, and at) clatifis cysts. losses and damages caused by or resulting from such removal -and replacement (including but not limited to all costs of repair or replacement of work of others) uah be paid by CONTRACTOR- 13.12.'2, In special circumstances where a prmicular item of equipment is placed ui continuous service. before Substantial Completion of all (lie Work the correction period fear that item may start to run from an earlier date if so provided in the'Specifrcations or by Written AmendmenL 13.12.3. Where defective Work (and damage to other E)CD(:OES15RAL.CONDITION'S-191 o-s I199U E(fium) 2& u9 LI Y OF FORT OOLLINS AIODIFICXtIONS(IkEV-117OUa) Work resulting therefrom) has been corrected removed or replaced -under this. paragraph 13.12, the correction periodhereunder with respect, to. such Work will be extended for an additional pLziod of 'one year two veers after such correction or removal and replecenient has been sausfactetjly wnipleted, Acceptance of Defective Work: 13.13. If..imlead.of. requiring correction or removal and replacement of defective Wort:, OWNER (amcl, prior to ENOD EER's recommendation of final payment also ENGINEER) prefers to accept it, OWNER may do so: CONTRACTOR shalt pay all claims, cods, losses and damages :nttnhutable to OWNRR's evaluation of and detaininatioin to accept such defevarve Wort: (such costs to 'be approved by LNGINFFR auto reasonableness). If any such acccptancc occurs' prior to. E:,'NGbNEER's recommendation of final puymcia, a Change Order will be issued' incorporating the necessary revisions in the Contract Documents with resped. to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. iflhc acceptance occurs alto such recommendation, an appropriatc,amountwill be paid by CONTR cTOR to OWNER OWNER bla3, Correct Defective Bork;. 13.14. If CONTRACTOR rails within a reasonable time after written notice from ENCrINEE.R to correct defective Work or to remove and replace rejected Work as required by ENG1NEWin accordance with pana¢tsph 13.11,:pr if CONTRACTOR fails to perform tlx: Work in accordance with the Contract D rumens. or if CONTRACTOR fails to comply with any tither primisiom of the Contract Documents, OWNER may, after seven days'' written notice to CONTRACTOR, correctand remedy any such deficiency, In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. Iri connection with suchcorrective and remedial action, OWNIR may exclude CONTRACTOR from all'or t of the sitq take possession. of all or part. of the Worland suspend CONTRACTORs services related thereto. take possession of CONTRACTOws tools, appliances, construction equipment and machinery at the sate and incorporate in the Work all materials and equipment staved at the site. or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR' shall allow OWNOWNER's representatives, agents and employees OWNER's other contractors. and LNGINEER and ENGMER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this pang nepiL NI claims, costs; louses and'damages iruurred orsustainal by OWNER in exercising; such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued inc"Wraiing the neocssary revisiova in the Contract Doc:umtsats with respect to the Work: and OWNER'shall be entitled to an appropriate decrease in the Contract price. and, if the parties are unable to agree as to the amount thereuf OWNER may make a claim therefor as provided in Article I I. Such claims, costs, losses and 11 I C I I 1 P [1' I r I i I I I I I I I I I I I 11 I I I I damages will include but not be limited to all togas of repair or replacement of work of others destroyed or damaged by correction removal or replacement of CONTRACTOWs de%ctn-e Work. CONTRACTOR* shall not be allowed an wiension of the Contract Tunes (or Milestones) because of, any. delay in performance of the Work attributable to the exercise by OWNER of 0"NERs rights and remedies hereunder. ARTICLE D-PAYMENTS TO CONTRACTOR RAND COMPLETION Sclredule'ofValues: 14.1. 'The schedule of values established as provided in pumgmph 2.9 will serve as the basis for progress payments and will be inomporatcd into a form of Application for Payment acceptable to ENGINEER. Progress payments on account. of Unit'Price Work will be based on the number of units completed. AppQcertion for Progrmv Pa trmettt•' 14:2. At least nverz, days before the;datc established for each progress pdyment-(but not more .often thanonce a month). CONTRACTOR shall submit' to MNiGIN6ER for review an Application for payment filled out and signed by CONTRACrOR coveting the Work completed as of the date of the Application and accompanied by such supporting documerttmibn as is required by the Contract Documents. If payment is requested on the basis of materials and equipment notincorporated in the Work but delivered and suitably, stored at.the• site or at another location agreed to in writing, the Application for payment shall also be accompanied�by a. bill of sale, invoice cc otter documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covmd by appropriate property utstuance and other artangemerns to protect OWNER's interest therein, all of which will be satisfactory to OWNER_ The amount of retainnge with respect to progress payments will be as, stipulated in the Agreeaient_ Ara• funclsthat are,%" elet b)' the OWNER shall not be subiect to substinhion by the CONTI ACTOR with securities or any arrmeements involving an escrow or ciistodianaluL3. _By_�eXSqijting-the,j!ppficatiM fur twy e l form the. CON7FRACTOR evoresdy waives'his rieht to the benefits of Colorado Revised Statutes: Section24-91-101, d seu: COtRACTOR's Wwwznty of Tide: 143. CONTRACTOR wnrmntt and guarantees that title to all Work, materials and equipment: covered by any Application ter Payment, whether incorpuniled 'in the Project or not, will pass to OWNER no later than the time of payment lice and clear of ell Liem.. Rev-t rvof.4pplicahomforRogrecrPayment. • 14.4. ENGINEER will. within ten days.aller receipt of eachApplicationfor Payment, either indicate in writing a WCDCOENERAL C01A)MO. MtV1U-a(u90 Fdtkn) cur C3 YOFFORTCL1[LIFLS \fOUIFlGLT10N$tRtSy-0CIXIUI recommendation of payment and present the Application to. 01VNER, or return the Applid.-auon to COW RACTOR ir4 sting in writing L-NGLNEER's reasons for refusing to recommend payment. In the latter ca.}r, CONTRACTOR. may' make the neccsary correctionsand resubmit the Application, Tin days after presentation of the Application for Payment to OXVNLR with e4GINEERs munuuendation. the amount recommended will (subject metre provisions of the last sentence of pamgraph'f4.T) bccbmc due and when due will be paid by OWNER to CONTRACTOR 14.5. HNGINFERs recommendation of any pa}•ment rcquested in an Application for Payment trill constitute a representation by •ENGINEER to OWNER. bomd' on HNGfNEER's om•sitc observations of the czccuted Work as an experienced and qualified design professional andon '.HNGINEF.R's review of the Application for Pavmcot and the accompanying data and schedules, that to the best of FNGINHER's knowledge, information and belief.- 10:1. the 'Work has progressed, to the point indicated, 141,2. the. quality of the Work is generally in accordancc with thc-Contmct Documents (suhjed-to an evaluation of the 'Work as a functioning whole finorto or _upon SubstivaialComplction, to the results of my subsequent tests called for in the Contract .Documentq, to a final determination of quantities and •classifications for Unit Price Work' under paragraph 9.10, acid to arty: other qualifieatiortts'3tated in the recomnrondation),,ru d 14.53. the . conditions precedent to CONTRACTOR's'beutg entitled to such payment appear to have :been fulfilled insofar as it is ENG DMER's responsibility to observe the Work. However. by recommending any such payment ENGM-ER twill not thereby be deemed to have represented that; (i) emanative or continuous on•site inspectiats have been made: to check the quality or the quantity of the Work beyond the respcinsibilmes specifutnlly assigned to INGINEL•R in the Cont mct Documents or (ii) that there may not be.i thr r matters or .issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNTR or. entitle OWtv'L•R to withhold payment to CONTRACTOR 14_ti: ENGfNEER's recommendation of any payment, including final payment shill not mean that ENGINEER is responsible for CONTIZACTORs mean methods techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure &CONTRACTOR to comply with Laws and Regubuuns applicable to the ftunishirig or performance of Work . or for any failine of CONTRAcrok to perform or funlit, Work. iri accordance with the Conlmcrpocuments.* 14,T ENGI NEF,R may refuse to recommend the whole or any part of any payment iG in ENGINEER's opinion it would f+e incorrect to make the representations to' '_9 I OWNI R referred to in pnmgmph 14.5. ENGINEER may also ref ise-to recommend any such payment, or, leem$eraf subsertuently. .discovered evidence or the results of suhtir luent u spections' ur tests, nullify artysuch payment previously rec:ommerded, to such went as may be necessary; in ENGINFFR's of inio: to protect OWNER from lots because: 14.7.1. the Work is defec6t'c or completed Work has been damaged requiring correction or replacement. 14.7 2. the Contract Price has been reduced by Written Amendment or Change Order, ' 14.7.3. OWNER has been required to correct, drfeclive Work or enmplete Work in accordance with' paragraph 13:14, or 14.7.4, 6-40IL EER has actual knowledge of the. occurrence of .any of the events enumerated in paragraphs 15.2:1 through 15.2.4 inclusive, MINER ma} refuse to, make payment.of the full amount recommended by ENGINEER because: 143J, claim's havo been made against OWNER on account ofCLJN'fRACfUR'sperfomianccorfurnishing of the Work, 14.7,E Liens have he:en'riiled in connection with the Work, kept where CONTRACTOR has delivered a specific- Bond satisfactory to OWNER to ,secure the satisfaction and discharge of such Liars, 14.7:7; there are other items entitling OWNER to a set- off against the amount recommended. or W.7.8. OWNM has adual knowledge of . the Occurrence of arryof the events enumerated in paragraphs 14.7,1 through 143.3 Or paragraphs 151,1 through 1$,2.4 ipcluk4. but OWNER, must give CONTRACTOR immediate written notice (with a ccipy to ENGINEER) stating the reasons for such actioin and promptly, pay CONTRACTOR the witount so withheld, or any adjustment thereto agreed to by OWNER and CONTIL\CTOR: when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action &rbsrandal- cnmpledarr: 14,5_ When CONTRACTOR ocreaders the entire Work ready for its intended use CONTRACTOR shall notify OWNER and .ENGI.N=— in writing that the entire Work is substantially complete (eecept for items specifically listed by CONTRACTOR as in complete) and request that 04GUEER issue a certificate of Substantial Completion Within a reasonable time thereafter. OWNER. CONTRACTOR and ENGINEER shall make an inspection of tie Work to determine the status of completion. If ENOINEF,R does not consider the Work substantially complete.P�rrGLti'EER will notify CONTRACTOR' in writing giving the reasons therefor, If KNGINEER EXDCOEN Lt LCONDinom191(HriUH1E,i6m) 31) aY CTIT OF FORT COLLINS MODIFICATIONS OtEV A/:mrxr) considers the Work substantially complete, ENGINtiER will prepare and deliver lo-OLVNER.a tentative certificate of Substantial. Completion which shall fcc the date of Substantial Completion. There shall be attached to the certificate a tentative list. of items. to be completed or corrected before final paymment. OWNER shallhave seveti .days after receipt of the tentative certificate during which to make written objection to. LNGINEER as to any provisions of the certificate or attached list. .If, after conside"14, such objcctions ENGINEER concludes that the Work is not subwuitialiv complete. ENGINEER will within fourteen days after submission of the lariaiive certificate to MVNER notify CON'rR-AurOR in writing, stating the reasons therefor. IC alter consideration of OWNF:R's objections, KNL GINEER considers the Work substantially complete, hl�lGrNFrR. will within .saaid fourteen days execute :and delive to OWNER Lind CONI'RAcroR a definitive certificate of Substantial Completion (with a revisal tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENO WEER befleves'yusuhcd after consideration of any ahjedionss from OWNER. At the time of delivery of the wmaiLive certifncnc of Substantial Completion -ENIGINTRERe will deliver .to OWNER and t?ONTRACTOR.a written recommendation alto division Of roporsibiliyes pending final payment between OWNER and CONTRACTOR with respecr to security•, operation, safety, maintenance, heat; utilities,,insuiance and warranties .and guarantees. Urdess OWNIM and CONTRACTOR agree otherwise in writing and sq inform 6NGiNEER in wasting prior to ENGINEER's issuing the definitive• certificate of Substantial Coniplctimn, ENOWEEWs aforesaid recommendation will be binding on OWNER and CONTRACTOR until hind payment 14,9, OWN'M shall have: the right to exclude CONTRACTOR from the Wok after the date of Sulo6uuaial_ Completion._ but OWNER shall. allow CONTRACTOR reasonable amyss to complete or correct items on the tentative list: Partial U-0;ation: 14.1Q, Use by OWNER id OWNER's option of any substantially completed part of the Work, which' (i),has speciCu-illy, been identified.m the Contract DoLutnents, or (ii)OWNER INGfT-M and CONTRACTOR agree constitutes a separately functioning and usable part of the. Work that e'en be used, by OLVNER for its imendiid purpose without significant interference with CONTRACTOR'S performance of the remainder of the Work. may be accomplished prior to Substantial Completion of all the. Work subject to the rellowing-. 14:I1-1.1.OWNER -at any time may_ .request CONTRACTOR in writing to permit OWNL:R to use ,my such. Part of the Work Which OWNER:beheves to be ready for its intended use and substantially complete, ifCONTRACfORugreesthat such "part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. 1J r I i 1 k I i_7 I I I I I I I I I I i I I I I i I CONTRr\CTOR at any time may notily OWNER and LNGNEFR' in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete. and request EivrGNER Eto issme n certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER CONTRACTOR and ENGINEER shall make an inpectitn of'that part of the Work to determine its status of completion. If fir iGWEER dace not c'unsidc.that part of the Work to Ix substantially complete. ENOLNEER will notify 1�r OEk and CONTRACTOR in writing giving the reasow therefor. If; ENGfN EF:R ctinsiders Uwt part of the Work to be substantially complete, the provisions of paragraphs 14.3 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.I ll.?. No occupancy or separate operation of pan of the Work will be accomplished prior to compliance with the requirements ofparagraph 5.15 in respect of Property irtswance. Final Inspection: '14.11. Upon written notice fr6m CONTRACTOR that the entire_ Work or an agreed portion thereof is complete, ENGI LEER. will make a final inspection with OWNER and CONTRACTOR and will notify GONI'RACTOR in writing of all'particulars in which this inspection. reveak that the Work is incomplete or dafecth,e. CONTRACTOR. shall immediately take such m&sures as ore necessary to complctesuch work of remedy such &6cicncics: FFnal Application for Pawnrent.' 14.i2.. After CONTRACTOR has completed all such correcuoris to the s dsFaction of ]ENGINEER. and delivered in accordance with the Contract Documents all. maintenance ,and operating insfructiors, schedules. guaramees, Bonds. certificates or other evidence of insurance required by paragraph5A, certificates. of inspection, marked -up record documents (as provided in paragmph6.19) and other documerts. CONTRACTOR may make application for final payment following the procedure for progress payments.. The final Application for Payment shall be accompanied (except as. previously delis= by: (i) all documentation called for in, the Contract Documcnts, including but not limited to the evidence of insurance required by subpamgraph54.13. (a) consent of the surety. if` any. to foal payment. and (m)complete and legally eQeciive: releases or waivers (satisfactory to OIVNER). of all Liens arising out of or riled in connection with the Work. In lieu of such releases or waivers_ of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services. material and equipment fix which a Lien could'be filed, and (ii)all payrolls, material and equipment. bilk aril other indebtedness connected with the Work forwhich:OW'NER or OWNE'R'% %rproperly m fight ut any way be responsible have. been paid or, r%1tLse sat 1ed If any'Sultcontractor or Supplier fails FJC DCOE.'NFRAL CONUITIOM 1910-8.11999 666W %I CRY Of FORT CULLI Ins MODIFICATIONS (RGN 4,701)al to furnish such a release or receipt tn. firu. CONTRACTOR may furnish n Band or other collateral ,satisfactory_ to OWNER to indemnify OWNER':agaihst any Lien Releases or waivers of liens Arid the consent of the surety to finalize oaviitent are to be submitted on fortes conforming to the format of the MINER'S standard forms bound in theProiect manual. Final Pay)ne9nt andAcceptance: 14.13', lf: on the basis of'ENGLNEEWs observation of the Work during cestruction. and Coral inspection; and ENGINEEWs review of tJ a final Application for payment and accompanying documentation .as required by the Contract Documents, ENGINEER. is satisfied, that the Work has been completed and CONTRACTOR's other obliurtions under the Contract Documents have been fulfrilaL ENGINF.F.R will. within ten diva after rcceipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for paymem. At, the same time ENG 1NEER will n Iso give written notice to OWNER' and CONTRACTOR that the Work _is acceptable subject to the provisions of Nmgraph 14.15, Otherwise, ENGINEER will remrri the Application to CONTRACTOR; indicating in writing the reasons for refusing to recrlmmend final paymcnt, in. which case CONTRACTOR shalfmake the necessary corrections and iesubmit tore -Application Thirty days otter presentation to OWNER'. of the Application' and accompanying documentation, in appropriate fort and substance and with 6NGWRER's recommendation and noticc of acceptability, the.amouni rcminmendod by ENGINEER will' become due and will he paid by OW_ NER to CONTRACTOR. subject to stmeraoh -I T6.2 of -these '�eper}lt Colydit{per, 14.14. 1L through no.fault-of CONTRUCTOR: final com�letian of the Work is significantly delayed. -and if E INFEER so confirms. OWNER shall, upon receipt of CONTRACTOR's final Application for Paymient -and recommendation of ENGI NIM-P, and without terminating the Agreement make payment of the balance due for that portion of the Work rally completed and accepted i f.the remaining finance to be held by OWNER for Work not fully completed or corrected is lecs't_}an the relainage stipulated m the Agreement, and if Bon ds -(rave- been furnished as.required in paragraph 5.1, the written consent of the surely to the payment of the balance due for that portion of the Work fully completed and accepted stall be submitted by CONTRACTOR to ENG_ NEF:R with the Application for such payment. Such payment shall be made under the terms and candiiiom governing final payment, except that it -shall not constitute a waiver of Claims. Maiver of Claims: 14.15.. The making and acceptance of Goal payment will ctmstitutei 14.15,1.a waiver of, all claims by OWNER against CON PACfOR except. claims arising Gan unsettled Lieps; from.de.feerive Work appearing.after 31. i firm inspectioh pursuant to paragraph'14,11, from failure to comply with the Contract Documents err the .terms of an special guarantees specified therein. or from CONTRACTOR's continuing oblijotions•under the Contact Documents and 14.I5?.A waiver of all claims by CONTRACTOR against OWNER other than those previously mude in wri tag and still unsettled_ ARTICLE tS-SUSPENSION OF NVORK A"ND TEILNuRkrION 6 W,VM h1gv SuWen d Worlr: 15,1, Atany time and without. cause. OWNER may suspend the Workor any portion thereof for a pencil of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fir the date on which Work will be resumed CONTRACTOR shall resume the Wort: an the date so fined. CONTRACTOR' shall be allowed an adjustment in'the Contract Price or an. oiension of the Contract Times, or both; directly attributable to arty such suspension 'if CONTRACTOR makes an approved claim disel'or as provided in Articles 11 and 12 ,0 wwk,tfayTerniinarc 15.2; Upon the occurrence of any one or more of the following evcros: ifCONTRACTOR persistently fails to perform the Work in accordance with the Contract. Documents. (including. but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the prognss schedule established under paragraph'_,9 as adjusted from' time to time pumaint.to paagreph 6,6) 152,2 if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction:. 15.2.J, it C0;1,JM1CT0R disregards the authority of FiNGN1 , or 15:2.4, if'CONTRACTTOR otherwise violates in, tiny substantial way any provisions of the Contact Documents; OWNER may. alter giving CONTRACTOR (and the .surety, if any seven duyst written notice and to the extent permitted by Laws and Regulations, terminate die services of MN'TILACTOR exclude CONTRACTOR from the site and take possessionof the Work and of all CONTRACTUk's laols appliances. cauwction equipm ei rat and machinery at the site and use the same to the full extent they could be used by CONTRACTOR' (without liability to C(jNTRACaOR for trespass or conversion), incorporate in the Work all materials, and equipmentstored at the site or for which OWNER has paid WDC ULNUU1. CONDITIONS 191cE (1990 E(faim) 32 WIC11Y OF FORT COLLINS MODr7CATIONS (RCV V:arro) CONTRACTOR but which are stored cLsewhere, and Finish the Work as OWNER may deem expedient In such rase CONTRACTOR shall rtot•be entitled to receive any further payment until the: Work is finished. If the unpaid balance of the Contact Price eecerds all claims. costs, losses and damages sustained by Ott Z ER arising out of or resulting,frum completing the Work such excess will be paid to CONTRACTOR if such claim& ousts, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the diffacrice to OWNER. Such claims, coats. .losses and damages incutredby OWNER will be reviewed by;'ENGINEER. as to their reasutabteness and .when so appnned'by 6NGIN EER incorporated in a Change Order, provided by when exercising any riglits or remedies ands this paragraph OWNER. shall not herequired to obtain the lowest puce fits the Work performed, 15.3. Where COM'RACI:OR's services have been so terminated by OU^JER the termination will not affect any rights or remedies of OWNER.- against CONTRACTOR then existing or which may thereafter accrue. Any retention or paymem' of moneys due CONTRACTOR by OWNER will not release WNTkACTOR fion liability. 15.4. Upon seven- days' 'written notice to CONTRACTOR and ENGINEER OWNER tray, without cause and without prejudice to any other right or remedy oCOWNER elect to terminate the Agreement. [n such case, CON'rRAC OR shall' he .paid (without duplication of any'items): 15.4.1. for completed and accepinblc Work executed in accordance with die. Contract Documents prior to the effective date oftcrmination, including fair and reasorable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performutg services and furnishing labor, materials or equipment as required by the Contract Documents inconnacton with uncompleted Work, plus fair and reasxatabde sums for averhead and profit on such expenses;, 15.43. for all claims, costs,. ,losses, and ihtmages mcured;in settlement of'temiitated contmcts.with Submaactom Suppliers and others: and 15.4,4- for reasonable expenses directly attributable to termination. C'ONTRaCT.OR'shall riot be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination CONT2ACTOR May Slap Arar* or Terminates I5.5. If th o ugh no act or fault of CONTRACTOR the Work is suspended for a period of more than ninety days by OWNER or under an orrhr of town or other public authority, or ENGINEER flails to act on any Application for Payment within thirty clays after it is'sulamt6d or OWNER fails for thirty days to payCON'fRACTOR nny r, I� I I C I I I I I I I I I sum fthidly determined to be due. then CONTRACTOR may; upon seven days' written notice to OWNER and 12NOWEER and provided OWNER or ENOINEER do not remedy such suspension or failure within that. time; terminate the Agreement and recover from OWNER paymcrit on thesame terms as provided in paragraph 15.4. In lieu of lennviating the Agreement and without prejudice. 'to any other rot or remedy, if ENGINEER has faded to act on an Application for payment within thirty days alter it is submitted. or OWNER has faded for thirty days to Pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' uaittat notice to OWNER and ENGINF3 R stop the Work until payment of all such amounts due CONTRACTOR including interest thereon: The provisions of this paragraph 155 are not intended to preclude COMCRAcT.OR firoM making claim under Articles i 1 and.12 for an increase in Contrail Price or Contract 'Times or otherwise rot cxpen" cs or damagc directly attributable to CONTRACTOR's stopping Work as permitted by paragraph: ARTICLE 16-DISNIITE RMOLUrim if and to the cdcrit that OWNER and CONTRACTOR have agreed on the m %hod and procedure for resolving disputes between them that may arise- under this Agrecmcnt,•such dispute resolution method and procedure, if any,.shrll be as set fanh in ExhibntOC-A; 'Dispute Resohinon,Agreement". to he attached hereto and made a part hereof; If no such aggrreement on Ihr.metlwd,and procedure for resolving such -disputes has beep reached, .and subject tnrhe praysions of parngraphs 9,10, 9:1 L and 9,12..'OIWr M and'CONCRACTOR may mrcise such rights or %-medics as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any disputi. ARTICLE 17-TNIISCELI:r NEOUS Gi y&rg Notice: 17.1_ Whenever any provision of the: Contract. Documents requires the giving of written notice, it.will be deemedto have been -validly given if delivered in person to the individual or to a member of the Tina, or to an officer of the corporation forwhem-it is intended. or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to tie:giver of the, notice.. 17.2. ContpatationofTiine.• 17.2..1. When any period of time is referred to in the Contract Daunients by days, it will be wniputed to exclude the Gust anti include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day.madc a legal holiday by the law of the applicable jurisdiction such day will be omitted Frain the computsnon. EAC DC OE'%t:RAL CONUMON51 N I a-8 (1990 Edlnidril. wr CITY or FORT CULL1 NS MODIFICATloNs 1RUV 4r?(rim 19.22. A calendardoy of twenty-four hours measured from midnight to the next midnight will constitute e dAy- ,Nmlce of Claim: 17.3. Should OWNER.or CONTRACTOR sufCez injury or damage to person or property because of any error, muission tR act of the other parry dr of any of the other patty's employees: or agents, or others for whose terns the other party is legally Gable, claim will be made in writing to the other party within it reasonable time of the fine observance of such injury or damage.._ The provisions of this paragraph 17.3 shall not be construed as a suhstinne for or a waiver of the provisions of any'applicahle statute of Gmitations.or repose.C•untulative RenierGes: 17:4. The duties and obligations unposed by these General Conditions -and the rights.and remedies available hereunder to .the parties hereto. and in particular but without lirnimtion, the warranties.guarantees and obligations imposed upon C)NUAACTOR by pnmgraph.16.12, 6.1C, 6.3(1, 6.31, 632; 13,1, 13.1.2, 13'A, 14.3 and 15.2 and all of the rights and remedies available to•OAT'ER and FVGiNEER thereunder, toe in addition .to, and are not'to be construed in env tiav as a limitation of, any rights and remedies available to airy or all of them which are otherwise imposed or available by haws or 'Regulations by special warranty or guaramce or by other provisions of the Contract Docmmenz, and the provisions of this paragraph •will be as- effective as iC repeawd specifically in the Contmct.Documents in connection with each particular,duty; obligation, right and remedy to which they apply; Professional Fees and,C•ouil Cos& In.cluded•. 17.5. Whenever reference is made to "claims, costs. losses and damages':. it shall include in each cam, but. not be lint ited.to, all fees and charges of engineers, architects, attorneys end other professionals and all court or arbitration or odder dispute resolution casts 17.6. The laws of the State of Colorado apply co this Agueerrrent Reference to.two pe'tiuerd Coliimrlo statutes areas fol laws 17.6.2. if a claim is tiled OWNER is required by law (CRS 38-26-107).to withhold from an payments to CONTRACTOR sud'icicnt funds. to were ..the payment of all claims for labor. materials team hires sustemma: nrovisiims. mavender, or otter sutrolirs used or consumed' by CONTRACTOR or ,his 33 I I and shall be cut with a concrete saw. If the damage to the concrete does not extend ' past the mid point of a slab, half the panel can be removed and replaced. If the damage extends past the mid point of the slab, the concrete shall be removed to the nearest joint. The removed concrete shall become the property of the Contractor and disposed ' of outside the project site legally. All concrete removed shall be replaced with concrete meeting the specifications for either Class B or D concrete, and shall match the thickness and finish of the existing improvement. Prior to removing and replacing the ' damaged slab, a concrete mix design shall be submitted and approved. The Contractor shall provide all traffic control necessary to reroute traffic during the ' removal, replacement, and curing for all concrete not meeting the project's contract specifications. All traffic control plans shall be submitted to the City's Traffic Operations Department for approval. The Contractor shall notify the City's project manager at least 48 hours prior to beginning any removals. If any striping or stenciling is necessary after the work has been completed, the City will perform the striping. All costs incurred for the striping will be the responsibility of the Contractor. E. Revisions to Section 608 - Sidewalks Item 608-00060 Stone Pavers — 731 SF includes all labor and materials associated with the installation of the stone pavers on the project. There are two types of stone pavers as shown on the detail sheets Type 1 uses a stone paver that is placed in sidewalks, Type 2 uses a stone paver that is placed in driveways ' and has a thickened concrete base. It is estimated that 635 SF of stone pavers are in sidewalk and 96 SF of stone pavers are in driveways. Payment will be based on square foot field measured quantity of finished paver surface as line Item 608-00060 Stone Pavers. F. Revision to Section 608 - Sidewalks ' Item 608-00065 Granite Pavers (Special) — 12 EA includes the labor and mortar bed to set 12 granite pavers that will be provided by the City of Fort Collins. Payment will be by Each for each installed granite paver as line Item 608-00065 Granite Paver (Special). G. Revision to Section 608 - Sidewalk ' Item 608-00070 Interlocking Pavers — 4634 SF includes all labor and materials associated with the installation of the various patterns of interlocking pavers on ' the project. There are five patterns of interlocking pavers on the project. They are: Muster K Winter Blend — 1697 SF, Random Old Town Blend — 1347 SF, Square Winter Blend — 621 SF, Herringbone 3-Tone Brown — 609 SF, and Soldier Course Light Brown — 360 SF. Payment will be based on square foot field ' measured quantity of finished paver surface as line Item 608-00070 Interlocking Pavers. H. Revision to Railroad Specifications See attached specifications and agreement titled "Railroad Requirements" Addendum 1 — 7244 Linden Street Streetscape Page 6 of 24 EJCUCUENLRALCONNTICMJ M 0-8j 9VOE,14w) 34 %/UlY OF F'ORTOMUNS MOUIIRCATIONS(RGV4/lOW) I LJ I I Ll I 11 I (This page left hlanL intmdonally.) 1 I I I I i EJC DC 94\ERAL CONUITIOM 1910-II 11 NU Etlitim) ww CITY OF PORT COLLI NS MOU117CATIONS IREV dR KIO) I 33 I F.7C:Ul: OENF7tAL CONUI T71'J 1410 j I lYU EViuml 36 RYCIIYOFFOATCOLLIM.kiOUIFlCATIONS(IiGV-InOOO) I I L' I I I I C I t I EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION ACRMILNT OWNEi. and COYMACTOR hereby agree that Article 16 of the General Conditions of the Construction Coneraci between OWNER and CONI'RACPOR. is amendedto include the following agreement of the parties: 16.1.. All claims, disputes and other matters in question between OWNER and COMMACI'02 arising out of or relating. to the'Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final paymem as provided by ,paragraph 14.15) will he •dared by arbitration in :accordance with the Construction Industry Arbitration Rules of ,the American Arbitration Association then obtain g: *bject to the limitations of the Article 16. 'rhis agreement so to arbitrate and" any other a&rce cant or. consent to arbitrate.emered into. in accordance hmwiih as provided in this Article 16 will be specifically enf9rcea6le 'under the prevailing law,of any court having jurisdiction. 16.2; No demand For arbitration of any claim,•dispate' or other matter that is required to be referred to INGINEER initially for decision in accordance with paragraph 9.11 will he made until the earlier of (a) the date on which ENOLNEF.R has rendered ,a written decision or (b) the thirty-first.day after the parties have presented their evidence to INGhNIxR if a written decision has not been rendered by --Fmm IFE R before that date. No demand far arbitration of any such claim, dispute or other smatter -will be made later than thirty days after the date" on which ENGiNF.F.R has rendered a written decision in respect thereof in accordance' with paragraph 9. l i t and the ftilure to demand, arbitration within said thirty days period will result in-ENGNEER's recision.leing final and'binding upon OWNER and CONMkCTOR. If L'NGINEER renders a decision after arbitration proceedings have bean initiated, such decision may be, entered as evidence but will nor supersede the arbitration proceedings, except where the decision is acceptabe to the parties concerned, No demand for arbitration of any urium cecision of 04GINELR rendered in accordance with paragraph 9.10 Will be made Later slain ten days after the party making such demand his delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice or the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association and u copy will be sent to ENGINEER for information. The demandfor arbitration will be made within the thirty7dduy or ten day period specified in paragraph 162 as applicable, and in all other cases within a reasonable time after the claim. dispute or other matter in question has arisen, and in no event shall any such demand be made alter the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitsticiL EKWOL"VERAL CONDITIONS 1910-3 (1996Edllim) %vt CITY OF FORT COLLINS %1OD1FICAT1ON3 (REV 9,99t 16.4, Except as provided in paragraph 165 below, no arbitration arising, out of or relating to the Coritract Documents shall include hire cort4olidation joiraler or in any other manner any tither ,person or entity (including ENGINEER,, ENGINE&Rs Consultant and the officers, ,directors; agems, employers or consultants of sn' of them) who,is not a party to this contract unless: 16.4.1. the inclusion of such other pawn or entity is. necessary if complete relief is to be afforded among those who sue already parties to the arbitration, and 16.4'. such other person, or entity is substantially involved in a question of law orfact which is common to thosewho are already parties to. the arbitration and which will arise in cuch'proccedines, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has [wen obtained for such inclusion;, which cortsenl shall make specific reference to this pamgmph: but no such consent shall constitute eminent. to arbitration of any dispute not specifically described in such consent or to arbitration with any party not. specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim; dispute or other. matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor. either OWNER W CONTRACTOR may J.oin. such Subcontractor as a patty to the arbitration between OWNER and C CIN7•R4CTOR hcrcundcr. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a spccitic provision whcr 6y the• Subcontractor c9nscnts to being joined in an arbitration between OWNER. .and CONTRACTOR involvingthe Wotli of such. Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in Eivar of Subcontmetir and against OWNER. ENGINEER or ENO G lEER's Ceinsu[taints that does not otherwiseeeist. ,16.6. The award rendered by the arbitrators will be final,judgmem may be entered uponit in, court having jurisdiction dtereciC, and it will not he subject to mot'liri atioin or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit anyand all 'unsettled claims, couiaterelaims disputes and other matters in question between them arising out of- or relating to the Contract I76cumems or the breach thereof ("disputes,"). to mediation by the American Arbitration Association under the Constriction Industry Mediation Rules of the American Arbitration Association -prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in imoating. arbitration would irrevocably prejudice one of the parties The respective thirty and ten day time limits within which to file a demand fornarbitmlion as provided in paragraphs 16.2 and 16:1 above shall' be suspertcled_ with respect to a depute submitted to mediation within those same applicable time limits and shalLiemain suspended until ten days after the termination of the mediation. The mediator of any dispute suhmittedto mediation under this Agreement shall not serve its arbitrator of such disputeunless otherwise aureed. GC -Al I e�cric: e•�t.�tnr. ca�mrnoNs I er o-a a 990 e�sr� 1 xv CFIY OF FORT COLLINS d(ODIFICATIONS REV 9i911 a 0 0 SE I i ISECTION 00800 SUPPLEMENTARY CONDITIONS I i I I 11 N I I 1 I I 11 SECTION 00800 CDOT SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the corresponding paragraphs as indicated of the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: Final Pavement Design & Geotechnical Engineering Report, Yeh & Associates, Inc., Project No. 210-218, March 10, 2011 Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. SC-5.3.2 Add the following: The State of Colorado shall be added as an additional insured. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The State of Colorado shall be added as an additional insured. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: Rev 10/20/07 Section 00800 Page 1 I I 1 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-6.4.1 Purchasing Restrictions Delete the complete paragraph SC-6.4.2 Cement Restrictions Delete the complete paragraph SC-6.5 Contractor Responsibilities —Amended in its entirety to read: All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties, if any, provided in the Specifications shall run specifically to the benefit of Owner. If required by Engineer prior to final payment as provided for herein, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of the materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. SC- 6.30.1. - Contractor General Warranty and Guarantee - Delete the complete paragraph 6.30.1.1 Specific Warranties. Contractor further warrants and guarantees that any Work covered by a specific warranty provision contained in the Specifications shall be performed in accordance with the applicable warranty and any such Work shall conform to the warranty requirements during the warranty period stated in the specific warranty. SC-13.12 Correction Period Delete the complete paragraph I I SC- 14.15.1- Waiver of Claims- Amended in its entirety to read: r 14.15.1 a waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective Work identified and reported to Contractor during final inspection pursuant to 14.11, from failure to comply with the Contract Documents, or the terms of any specific guarantees or warranties specified therein, or from Contractors' continuing obligations under the Contract Documents; 11 SC-17.6.1 Delete the complete paragraph I SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment 1 t- I� I CITY OF FORT COLLINS LINDEN STREET STREETSCAPE DESIGN Bid Tab ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE COST 201-00000 Clearing and Grubbing L S 1 202-00026 Removal of Slope and Ditch Paving Sy 32 202-00080 Removal of Pie Bollard EACH 7 202-00156 Removal of Planter Wall S ecial Planter Box SF 656 202-00160 Removal of W all(El Burrito (Special) SF 80 202-00203 Removal of Curb and Gutter LF 559 202-00200 Removal of Sidewalk SY 609 202-00208 Removal of Sidewalk (Special) - Metal Sidewalk Underdrain 1 EA 202-00210 Removal of Concrete Pavement SY 52 202-00220 Removal of Asphalt Mat 6' depth) SY 312.1 202-00610 Removal of Railroad Track LF 36 202-01000 Removal of Fence LF 422 203-00000 Unclassified Excavation CY 3100 203-00100 Muck Excavation CY 1500 203-01596 Potholing with Surveying and Stationing of UIG Utilities LS 1 206-00065 Structure Backfill flow -fill Cy 100 208-00002 Erosion Lo 12 Inch LF 100 208-00011 Erosion Bales Weed Free EACH 18 208-00020 Silt Fence LF 120 208-00045 Concrete Washout Structure EACH 1 208-00050 Storm Drain Inlet Protection EACH 8 208-00070 Stabilized Construction Entrance EACH 4 208-00205 Erosion Control Supervisor HOUR 20 Addendum 1 — 7244 Linden Street Streetscape Page 7 of 24 ' 1 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Linden Street Streetscape CONTRACTOR: PROJECT NUMBER: 7244 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 o 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: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing DATE: DATE: DATE: DATE: Rev10/20107 Section 00950 Page 1 ® r = = M W M = = = M = i No M W Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 PROJECT: 7244 Linden Street OWNER: City of Fort Collins Streetscape APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Net Change by Change Order $0.00 Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: 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. Rev10/20107 Section 00960 Page 1 CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. 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Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 Section 00960 Page 3 Section 00960 Page 4 m m m m m m 1 1 1 1 REVISION OF SECTION 613 LIGHTING Section 613 of the CDOT Standard Specifications is hereby revised for this project as follows: Subsection 613.01 shall include the following: This work also consists of installation of Pedestrian Light Standard and Luminaire and Pedestrian Light Foundation. Subsection 613.02 shall include the following: Pedestrian Light Standards. Custom designed as indicated and described on the Drawings. Approved Fabricators: l . M&R Fabricators, Inc. 3001 Rawhide Drive Laporte, CO 80535-9330 T: 970.222.0109 e-mail: rustywillford@aol.com 2. Shaw Sign & Awning, Inc. 901 Southwest Frontage Road Fort Collins, CO 80524 T: 970.493.6244 e-mail: jonathan@shawsign.com 3. DaVinci Sign Systems, Inc. 4496 Bents Drive Windsor, CO 80550 T: 970.203.9292 e-mail: info(@,davincisign.com 4. Lumos Custom Lighting & Fabrication 145 Yuma Street Denver, CO 80223 T: 303.733.1200 e-mail: sales a lumoscustom.com and/or designs@lumoscustom.com Delete Section 613.12 and replace with the following: BASIS OF PAYMENT 613.12 The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Concrete Foundation Pad Each 3/4 Inch Electrical Conduit (Plastic) Linear Foot 2 Inch Electrical Conduit (Plastic) Linear Foot (2) 33 (6) REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS METHOD OF MEASUREMENT 608.05 Type 1 and Type 2 Stone Pavers and each of the five (5) types of Concrete Interlocking Pavers will be measured by the actual square foot of material used. Concrete base (4" depth beneath pavers), Joint Sand and Epoxy Adhesive are incidental to the price of the work. Granite pavers will be measured by the actual number of pieces used. Joint Sand and Epoxy Adhesive are incidental to the price of the work. BASIS OF PAYMENT 608.06 The accepted quantities of pavers will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Contractor shall furnish materials, labor, transportation, services, sand blasting and other equipment necessary to furnish and install sandstone and granite pavers as detailed on the drawings and specified in this Section. Payment will be made under: Pay Item Pay Unit Stone Paver (Special) Type 1 Square Foot Stone Paver (Special) Type 2 Square Foot Granite Pavers (Special) Each Interlocking Paver (Special) (Muster K, Winter Blend) Square Foot Interlocking Paver (Special) (Random Old Town Blend) Square Foot Interlocking Paver (Special) (Square Winter Blend) Square Foot Interlocking Paver (Special) (Herringbone 3-Tone Brown) Square Foot Interlocking Paver (Special) (Soldier Course Light Brown) Square Foot Street Name Text (Special) (Sand Blast and Stain) Each Stone Paver (Special) Type 1 - 3% over run Square Foot Stone Paver (Special) Type 2 - 3% over run Square Foot Interlocking Paver (Special) (Muster K, Winter Blend) - 3% over run Square Foot Interlocking Paver (Special) (Random Old Town Blend) - 3% over run Square Foot Interlocking Paver (Special) (Square Winter Blend) - 3% over run Square Foot Interlocking Paver (Special) (Herringbone 3-Tone Brown) - 3% over run Square Foot Interlocking Paver (Special) (Soldier Course Light Brown)- 3% over run Square Foot 32 (5) REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS Subsection 608.03 shall include the following: Granite, Stone and Interlocking Concrete Pavers. Installation shall be by a paving contractor and crew with a minimum of three (3) years experience in placing pavers on projects of similar nature or scope. Submittals: Submit full size samples of paver units to indicate color and shape selections as detailed on the Drawings. Submit sieve analysis for grading of joint sand. Submit manufacture's cut sheet data for epoxy adhesive. Project Conditions: Do not install pavers during heavy rainfall or snowfall. Ensure the sandstone or granite pavers are free of foreign material before installation. Lay the pavers in the pattern(s) as shown on the Drawings. Fill gaps at edges/ends of paver runs with cut pavers as required. Sand bedding shall not be required / allowed. Pavers shall be set with epoxy adhesive as described on the drawings. Sweep off excess sand when the job is complete. The final surface elevation of pavers shall be a maximum of 1/8" above/below the adjacent finished concrete. Colored Concrete. The Contractor shall place integrally colored concrete panel for approval by the Engineer prior to commencing the work. If the test panel color is unacceptable to the Engineer, the Contractor shall construct additional test panels until the correct color and finish are approved by the Engineer. Workmen and equipment used on the test panel shall be the same as that used in the final construction of the colored concrete. 1. At location on Project selected by Owner's Representative, place and finish 4 x 4 feet area demonstrating materials, workmanship, and curing method to be used throughout Project. 2. Retain samples of cements and aggregates used in mock-up for comparison with materials used in remaining Work. 3. Accepted field sample provides visual standard for work specified within this Section. 4. Field sample may remain as part of Work. However, it can be removed when no longer required for comparison with finished work. Truncated Domes. Truncated dome material shall be made with a colored red truncated dome surface and be supplied in cast in tact panels or pavers, per approval of the engineer. Payment for truncated domes is included in item 608-00000 Concrete Curb Ramps — Square Yard. 31 REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS 2. Sealer shall be produced by the chemical stain manufacturer. 3. Test surface for proper pH level prior to applying sealer. 4. Apply sealer according to manufacturer's written instructions at a rate of 300 to 500 square feet per gallon per coat. 5. Maintain a wet edge at all times. 6. Allow sealer to completely dry before applying additional coats. 7. Apply second coat of sealer at 90' to the direction of the first coat using the same application method and rates. 8. Seal horizontal joints in areas subject to pedestrian or vehicular traffic. Acceptable Manufactures: 1. L. M. SCOFIELD COMPANY, Douglasville, Georgia and Los Angeles, California (800) 800-9900 or the appropriate local contact: Eastern Division — 201-672-9050; Western Division — 323-720-3055; Central Division Office — 630-377-5959. 2. Approved Substitute. Acceptable Materials: 1. SCOFIELD® Selectseal-W11; L. M. SCOFIELD COMPANY, water -based, clear aliphatic polyurethane specifically formulated for protecting chemically stained concrete hardscapes. 2. Approved substitute. Protection: Protect street name from traffic for at least 72 hours after final application of sealer. Pigments for Colored Concrete. Integrally Colored Concrete Pavement - concrete for colored sidewalks shall meet the requirements of CDOT Class B Concrete. Pigments shall contain pure, concentrated mineral pigments especially processed for mixing into concrete and complying with ASTM C979. Payment for color added to concrete is included in items 412 Concrete Pavement — Square Yard and 608 Concrete Sidewalk - Square Yard. Refer to the site plans for locations of the various colors of concrete. Color(s) shall be as indicated in the Drawings. Acceptable Manufacturer's: 1. Davis Colors by Davis Colors Inc., T: 213.269.7311, www.daviscolors.com 2. Chromix Admixtures by Scofield Systems — T: 800.800.9900, www.scofield.com 3. Colorflo Liquid Color by Solomon Colors, Inc., T: 866.747.2656 — www.solomoncolors.com 30 REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS Sand Blasting: See details on the Drawings. Chemical Staining: Application: 1. Concrete surfaces shall be dry and properly prepared as described above. Protect surrounding areas from over -spray, run-off and tracking. Divide surfaces into small work sections using wall, joint lines, or other stationary breaks as natural stopping points. 2. Apply chemical stains full strength (undiluted) at the coverage rate recommended by the manufacturer and use application equipment described in the manufacturer's printed technical literature. The color of the liquid chemical stain has no resemblance to the final color produced on the concrete substrate. 3. Chemical stains normally fizz when reacting with the concrete. If fizzing does not occur, the substrate has not been adequately prepared or the concrete pH level is too low. If this should happen, contact the local representative for further recommendations. 4. Transfer chemical stain to the substrate by brush or spray and immediate scrub into surface. 5. Reaction time depends on wind conditions, temperatures, and humidity levels. 6. When multiple coats of one or more colors are required, washing and drying between colors is desirable to evaluate the color prior to the next coat. 7. After the final coat of chemical stain has remained on the surface for a minimum of four hours, remove all residue by wet scrubbing with commercial grade detergent. Rinse surfaces after scrubbing until rinse water is completely clean. Run off may stain the adjacent areas or harm plants. Collect rinse water by wet vacuuming or absorbing with an inert material. Acceptable Manufacturers: 1. L. M. SCOFIELD COMPANY, Douglasville, Georgia and Los Angeles, California (800) 800-9900 or the appropriate local contact: Eastern Division — 201-672-9050; Western Division — 323-720-3055; Central Division Office — 630-377-5959. 2. Approved substitute. Acceptable Materials: 1. LITHOCHROME® Chemstaino Classic; L. M. SCOFIELD COMPANY, reactive water -based solution of metallic salts which react with the calcium hydroxide in the cured concrete substrate to produce permanent, variegated or translucent color effects. Colors: CS-1 Black. 2. Approved substitute. Sealers: Application of Sealer: 1. Concrete substrate shall be completely dry. 29 (4) I u 210-04005 Ad ust Fire Hydrant EACH 1 210-04010 Ad'ust Manhole EACH 10 210-04015 Modify Manhole EACH 1 210-04017 Modify Meter Pit EACH 1 210-04050 Adiusl Valve Box EACH 6 210-04060 Ad'ust Water Meter EACH 12 212-00006 Seeding Native ACRE 0.2 212-00040 Soil Preparation Lawn ACRE 0.2 212-00050 Sod SF 1216 212-00910 Organic Amendment Soil CY 4 213-00008 Mulching Wood Chi S ecial CF 2109 213-00061 Mulching Tackifier LB 20 213-00065 Inor anic Mulch (Special) Pea Gravel SF 550 213-00070 Landscape Weed Barrier Fabric SY 62 213-003W Concrete Landscape Border LF 672 213-00460 Metal Landscape Border 3/16x4 Inch LF 131 213-00500 Tree Grate EACH 22 214-00005 Landscape Maintenance 24 months LS 1 214-00220 Deciduous Tree 2 Inch Caliper) EACH 9 214-00230 Deciduous Tree 3 Inch Caliper) EACH 21 214-00350 Deciduous Shrub 5 Gallon Container EACH 153 214-00650 Evergreen Shrub 5 Gallon Container EACH 20 214-00910 Perennials 1 Gallon Container EACH 36 214-00960 Ornamental Grass 1 Gallon Container (Special) EACH 392 216-00015 Soil Retention Blanket Excelsior SY 65 304-06000 Aggregate Base Course Class 6 TON 2,705 306-01000 Reconditioning 12" Depth) SY 7 325 Addendum 1 — 7244 Linden Street Streetscape Page 8 of 24 (2) REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS 3. Square Pattern — 60 mm, Plaza Stone 5-7/16" Square Paver Color: Winter Blend — Standard Finish. 4. Herringbone Pattern — 60 mm, Plaza Stone Rectangle 5-7/16" x 8-3/16" Paver Color: Three Tone Brown — Standard Finish. 5. Soldier Course Pattern — 60 mm, Holland Stone 3-7/8" x 7-13/16" Color: Light Brown — Standard Finish Note: Quantity's indicated on the Bid Tab for each of the concrete interlocking paver types exclude the 3% over run of the quantities indicated on the drawings. Contractor shall provide 3% over run of each interlocking paver type to the City for their stockpile / use for future paver maintenance/replacement work. Approved Interlocking Paver Manufactures: 1. Pavestone - T: 303.287.3700, www.pavestone.com 2. Borgert Products, Inc. - T: 800.622.4952, www.borgertproducts.com 3. Wausau Tile — T: 800.388.8728 — www.wausautile.com 4. Approved substitute. Approved Interlocking Paver Installers: 1. Creative Hardscapes- T: 800.914.8525 2. Colorado Hardscapes - T: 303.750.8200, www.coloradohardscapes.com 3. Approved substitute. Joint Sand. Grading Requirements per ASTM C 144 - Sieve Size Percent Passing 3/8" (9.5 mm) 100 No. 4 (4.75 mm) 95 to 100 No. 8 (2.36 mm) 85 to 100 No. 16 (1.18 mm) 50 to 85 No. 30 (0.600 mm) 25 to 60 No.50 (0.300 mm) 10 to 30 No. 100 (0.150 mm) 2 to 10 Sand Blasting, Chemical Staining and Sealing (ofstreet names in concrete sidewalks). (3) 28 I I REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS Section 608 of the Standard Specifications is hereby revised for this project as follows: In subsection 608.01, add the following: This work also consists of the provision and installation of granite and sandstone pavers, interlocking concrete ' pavers, sandblasting, chemical staining and sealing of street names and pigments for colored concrete as identified below, in conformance with these specifications and in conformity with the lines and grades shown on the plans. In subsection 608.02, add the following paragraph: Stone Pavers. ' Type 1 Pavers: Pedestrian Area (2-3/8" thick) Colorado Buff Sandstone — Stained face on top/exposed surface. Type 2 Pavers: Vehicular Area (3-1/8" thick) Colorado Buff Sandstone - Stained face on top/exposed surface. ' Granite Pavers — 1-1/4" thick, finished edge, color and artwork as described on the Drawings. Acceptable Supplier: ' 1. Fort Collins Monument & Stone 824 East Lincoln Avenue Fort Collins, CO 80524 ' T: 970.482.5024 2. Approved Substitute. ' Supplier shall provide material and sand blasting services for the artist supplied artwork. Note: Quantity's indicated on the Bid Tab for each of the stone paver types exclude the 3% over run of the ' quantities indicated on the drawings. Contractor shall provide 3% over run of each stone paver type to the City for their stockpile / use for future paver maintenance/replacement work. Interlocking Concrete Pavers ' 1. Plaza Stone Muster K Pattern — 60 mm, Plaza Stone Pavers, sized as dictated by Muster K Pattern Color: Winter Blend — Standard Finish. ' 2. Plaza Stone Random Pattern - 60 rum, Plaza Stone Pavers - Stone five piece random pattern consisting of: 15% Giant Rectangles, 15% Plaza II, 40% Rectangles and 30% Squares. All percentages by square footage not piece count, sized as dictated by Random Pattern. 5' x 5' mockup required for owner's representative to review and approve prior to ordering/installing the remainder of Plaza Stone Random Pattern pavers. Color: Old Town Blend — Standard Finish. 1 27 I (4) REVISION OF SECTION 607 FENCES Fence (Special) Type I — Ornamental Fence Panels Each Fence (Special) Ornamental Posts (Surface Mount Fence Posts-SM) Each Fence (Special) Ornamental Posts (Concrete Fence Post Footer-CF) Each Fence (Special) Type 2 — 6' Wood Fence Linear Foot Fence Chain Link (72") Linear Foot 27 Foot Gate (Steel Pipe Double Swing Gate) Each ►7 ' F REVISION OF SECTION 607 FENCES detailed. Where applicable, the Owner's Representative shall approve the panel and post locations prior to fastening in place. Subsection 607.06 shall include the following: Type 2 — 6'h. Wood Fence Erect work square and level, free from distortion or defects detrimental to appearance or performance. Install fence posts and panels according to approved shop drawings. Set posts in concrete. Fabricate fencing in accordance with details and approved shop drawings. Upon completion, work shall be straight, rigid and tight and free of defects. Material shall consist of new stock of types and sizes indicated. Contractor shall verify dimensions on site prior to shop fabrication. ' Subsection 607.07 shall include the following: 72" h. Chain Link Fence and Steel Pipe Double Swing Gate - See Section 710. METHOD OF MEASUREMENT 607.08 Ornamental Fence Panels shall be by the 5'-6" long section. Work shall include steel, hardware, concrete, powder coating, reinforcing steel, frame, posts, rail, mounting and all other incidentals to the ' erection of the fence panels on the posts described below. Ornamental Posts. Shall be per each by type (CF = Concrete Footing, SM = Surface Mount). Work shall include ' all steel, hardware, concrete, painting, reinforcing steel, mounting and all other incidentals to the erection of the fence posts. Wood and Chain link Fence. Shall be measured by the linear foot. Measurement will be along the base of the fence from outside to outside of posts for each continuous run of fence, but excluding the length of swing gates (and oversized gate posts) and tube steel gates (and oversized gate posts) and shall include all wood, steel, hardware, concrete, painting, reinforcing steel, excavation, backfill and all other incidentals to the erection of the fence types. Gates. Shall be measured as complete units of the size and type specified. Chain link gates shall be the same type and height as the adjacent fence, unless otherwise specified, and shall include all, steel, hardware, concrete, painting, reinforcing steel, excavation, backfill and all other incidentals to the erection of the gate types. BASIS OF PAYMENT 607.09 The accepted quantities of fencing will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule: Payment will be made under: Pay Item Pay Unit Fence (Special) Residential I Relocated Fence & Gates Linear Foot Fence (Special) Residential 2 Relocated Fence & Gate Linear Foot Fence (Special) Type C Relocated Fence & Gate Linear Foot 1 25 (2) REVISION OF SECTION 607 FENCES Concrete Section 601 (Foundation concrete for fence posts shall be Class B). CONSTRUCTION REQUIREMENTS Subsection 607.05 shall include the following: Type 1-A Ornamental Fence Panels, CF Ornamental Posts and SM Ornamental Posts: Shall be delivered in pre - assembled sections ready for installation with a minimum of field welding required. Store fabricated steel in a dry place to avoid condensation or damage to finish. Deliver anchor bolts, sleeves and anchorage devices which are embedded in concrete to the project in time for installation under appropriate trades. Furnish setting drawings, templates and installation instructions as required. Ornamental metal fencing and posts shall be powder coated. Color(s) shall be is indicated on the Drawings Fabricate fence panels and posts in accordance with details and approved shop drawings. Upon completion, work shall be straight, rigid and tight and free of defects. Material shall consist of new stock of types and sizes indicated. Contractor shall verify dimensions on site prior to shop fabrication. Fit and shop assemble sections in largest practical sizes for delivery to site and installation. Supply components required for secure anchorage of fencing as indicated. Make cuts clean and sharp with edges ground smooth. Grind exposed welds smooth and flush with adjacent surfaces. Make exposed joints butt tight, flush and hairline. Close all exposed ends of tubing with welding caps Welding shall comply with American Welding Society Standards for exposed architectural metal work. Miter and cope intersections and weld all around. Remove splatter, grind exposed welds to blend and contour surfaces to match those adjacent. Inspection: Verify that concrete construction to receive fence panels and posts are plumb, square and level before installation is started. Report unsatisfactory conditions to General Contractor. Beginning of installation means acceptance of existing conditions. Supply items to be cast into concrete with setting templates and erection drawings to appropriate sections as required. Erect work square and level, free from distortion or defects detrimental to appearance or performance. Install panels and posts according to approved shop drawings. Leave protective coatings in place until project is substantially completed. Remove and leave surfaces clean upon completion. Remove stained or otherwise defective work. Replace with new material. Touch up paint as required following installation. The tops of all posts shall be set to the required grade and alignment. Workmanship, fabrication and shop connections shall be in accordance with AWS and AISC specifications. Welding shall be done by welder(s) certified for AWS, D.1 structural welding requirements. Installation shall be in accordance with the plans and details and with the manufacturer's recommendations as required. Panels and Posts shall be installed in the locations and quantities shown on the Drawings and as 24 REVISION OF SECTION 607 FENCES ' Section 607 to the Standard Specifications is hereby revised for this project as follows: ' DESCRIPTION Subsection 607.01 shall include the following: ' This work also consists of the provision and installation of Type I -A, Ornamental Posts; Type 2 — Wood Fence; and Type 3 — Chain Link Fence Steel Pipe Double Swing Gate, in accordance with these specifications and in conformity with the lines and grades shown on the plans. MATERIALS Subsection 607.02 shall include the following: Type I -A. Ornamental Fence Panels and CF (Concrete Fence Post Footer) Ornamental Posts and SM (Surface Mount Fence Posts) Ornamental Posts ' Sheet steel for prefabricated tubular metal fencing shall conform to the requirements of ASTM A526 Steel Sheet Zinc -Coated (Galvanized by the Hot Dip Process) and ASTM B117 Salt Spray Testing as specified. ' The Contractor shall submit shop drawings that clearly indicate the following: Profiles, sizes, spacing and locations of members ' Connections, attachments and anchor details Size and type of fasteners All fittings, mounting brackets, hardware and accessories Finishes, coatings and shop painting Weld lengths and sizes The Contractor shall include erection drawings, elevations and details where applicable. The Contractor shall ' submit a sample of the fence panel and posts with paint color(s). Subsection 607.03 shall include the following: Type 2 — Wood Fence. The Contractor shall submit shop drawings that clearly indicate the following: Profiles, sizes, spacing and locations of members e Connections, attachments and anchor details Size and type of fasteners All fittings, mounting brackets, hardware and accessories The Contractor shall include erection drawings, elevations and details where applicable. Subsection 607.04 shall include the following: Type 3 — Chain Link Fence and Steel Pipe Double Swing Gate Materials shall meet the requirements specified in the following subsections: Chain Link Fabric 710.03 Fence Posts 710.07 23 (3) ' REVISION OF SECTION 403 HOT MIX ASPHALT Subsection 403.03 shall include the following: , The Contractor shall use an approved anti -stripping additive. The amount of additive used shall be a minimum of ' 0.5 percent by weight of the asphalt cement. The additive shall be added at the refinery or at the hot plant. If liquid anti -stripping additive is added at the plant, an approved in -line blender must be used. The blender shall be in the line from the storage tank to the drier drum or pugmill. The blender shall apply sufficient mixing action to , thoroughly mix the asphalt cement and anti -stripping additive. The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement. Delete subsection 403.05 and replace with the following: , 403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the contract unit price per ton for the bituminous mixture. ' Payment will be made under: Pay Item Pay Unit , Hot Mix Asphalt (Grading SG)(100)(PG 58-28) Ton Hot Mix Asphalt (Patching)(Asphalt) Ton Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot ' mix asphalt item will not be paid for separately, but shall be included in the unit price bid. When the pay item includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be included in the work. When the pay item does not include the PG binder grade, asphalt cement will be measured , and paid for in accordance with Section 411. Asphalt cement used in Hot Mix Asphalt (Patching) will not be measured and paid for separately, but shall be included in the work. Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for separately, but , shall be included in the work. 22 1 I 1 (2) REVISION OF SECTION 403 HOT MIX ASPHALT Table 403-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal ***Design Air Voids ** Maximum Size*, mm (inches) 3.5% 4.0% 4.5% 37.5 (1%) 11.6 11.7 11.8 25.0(1) 12.6 12.7 12.8 19.0 ('/) 13.6 13.7 13.8 12.5 (%) 14.6 14.7 14.8 9.5 (%) 15.6 15.7 15.8 * The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. *** Extrapolate specified VMA values for production air voids beyond those listed. ' The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. The hot mix asphalt shall not contain any reclaimed asphalt pavement. Hot mix asphalt for patching shall conform to the gradation requirements for Hot Mix Asphalt (Grading SG). ' A minimum of 1 percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all hot mix asphalt. 1 Acceptance samples shall be taken at a location as approved by the Engineer. 21 REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: The design mix for hot mix asphalt shall conform to the following: Tahle 403-1 Test Value For Grading Property Method SG(100) Patching Air Voids, percent at: CPL 5115 3.5 — 4.5 3.5 — 4.5 N(design) Lab Compaction (Revolutions): CPL 5115 100 100 N(design) Stability, minimum CPL 5106 Aggregate Retained on the 4.75 mm (No. 4) Sieve with at least 2 CP 45 60 60 Mechanically Induced fractured faces, % minimum Accelerated Moisture Sus- CPL 5109 ceptibility Tensile Strength Ratio Method B 80 80 Lottman , minimum Minimum Dry Split Tensile CPL 5109 205 (30) 205 (30) Strength, kPa (psi)Method B Grade of Asphalt Cement, Top PG58-28 PG58-28 Layer Grade of Asphalt Cement, Layers PG58-28 PG58-28 below Top Voids in the Mineral Aggregate See Table See Table VMA % minimum CP 48 403-2 403-2 Voids Filled with Asphalt (VFA), Al MS-2 65-80 65-80 Dust to Asphalt Ratio 0.6 0.6 — 1.2 Fine Gradation CP 50 0.8 — 1.6 .6 0.8 — 1.6 Coarse Gradation Note: AI MS-2 = Asphalt Institute Manual Series 2 Note: The current version of CPL 5115 is available from the Region Materials Engineer. Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached with caution because of constructability problems. Note: Gradations for mixes with a nominal maximum aggregate size of one -inch or larger are considered a coarse gradation if they pass below the maximum density line at the #4 screen. Gradations for mixes with a nominal maximum aggregate size of/< inch or smaller are considered a coarse gradation if they pass below the maximum density line at the #8 screen. All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0 percent below the mix design optimum. 20 I REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for this project as follows: Subsection 304.02 shall include the following: Materials for the subbase shall be Aggregate Base Course (Class 1) as shown in subsection 703.03. Materials for the base course shall be Aggregate Base Course (Class 6) as shown in subsection 703.03 The aggregate base course (Class 1) and (Class 6) must meet the gradation requirements and have a resistance value of at least 40 and 77 respectively when tested by the Hveem Stabilometer method. [1 1 [1 19 1 403-00720 Hot Mix Asphalt(Patching) (Asphalt) TON 50 403-32821 Hot Mix Asphalt(Grading SG 100 PG 58-28 TON 1,994 412-00605 Concrete Pavement 6 inch Residential Drive Fast Track 24 hour Colored SY 17.4 412-00805 Concrete Pavement 8 inch Commercial Drive Fast Track 24 hour Colored SY 430.3 412-01020 Concrete Pavement 10 inch Fast Track 24 hour Class P SY 207.8 420-00300 Geotextile(Reinforcing.) SY 1,000 601-21020 Concrete Seatwall - Type A Precast (Special) EACH 1 601-21030 Concrete Seatwall - Type B Precast (Special) EACH 6 601-40020 Masonry Wall Repair SF 100 604-50014 Type 13 Inlet Grating and Frame (Special) Double Tyne 13 EACH 6 607-11531 Fence S ecial Residential 1 Relocated Fence and Gates LF 32 607.11532 Fence (Special) Residential 2 Relocated Fence and Gale LF 44 607.11533 Fence (Special) Type C Relocated Fence and Gate LF 135 607.11610 Fence S ecial Type 1 A - Ornamental Fence Panels EACH 38 607-11650 Fence (Special) Type 2 - 6' W ood Fence LF 31 607-52000 Fence (Special) Ornamental Posts Surface Mount Fence Posts-SM EACH 27 607.52010 Fence (Special) Ornamental Posts Concrete Fence Post Footer-CF EACH 17 607-53172 Fence Chain Link 72 Inch LF 215 607-60122 27 Foot Gate (Special) Steel Pie Double Swing Gate EACH 1 608-00000 Concrete Sidewalk 6" Depth) SY 329.0 608-00010 Concrete Curb Ramp SY 120.0 608-00015 Truncated Domes SF 310 608-00060 Stone Pavers SF 731 608-00065 Granite Pavers (Special) EACH 12 608-00070 Interlocking Pavers 6" concrete bed SF 4634 608-00076 Street Name Text (Special) Sandblast and Stain EACH 10 608-01000 Bituminous Sidewalk 3" Depth) TON 18 606-10000 Sidewalk Drain Concrete Chase EACH 2 Addendum 1 — 7244 Linden Street Streetscape Page 9 of 24 1 Landscape Establishment Incentive (4) REVISION OF SECTION 214 PLANTING Force Account Planter Pot Soil backfill, weed barrier fabric and 3/" angular rock shall not be paid separately, but shall be incidental to the unit price of the Planter Pots - See Section 622 — Rest Areas & Buildings. 18 (3) REVISION OF SECTION 214 PLANTING • Survival Rate (Shrubs) = No. of Shrubs not replaced x 100 Total No. of Shrubs planted • Survival Rate (Perennials) = No. of Perennials not replaced x 100 Total No. of Perennials planted INCENTIVE PAY SCHEDULE Incentive Amount per Item % Survival Rate Tree Shrub Perennial 0 to 74.99 0 0 0 >75 $10.00 $5.00 $4.00 >80 $12.00 $6.25 $4.50 >90 $14.00 $7.50 $5.00 Incentive payment will be made by Force Account in accordance with Subsection 109.04 under the planned Force Account Item, Landscape Establishment Incentive. The Contractor shall be paid the final 10% of the total combined bid cost amount of 214-00220 - Ornamental Tree (2" Cal.), 214-00230 - Deciduous Trees (3" cal.), Deciduous Shrub - 214-00350 (5 gallon cont.), 214- 00910 — Perennials (1 gal. cont) and 214-00960 — Ornamental Grasses (1 gal. cont.) upon closure of the Landscape Establishment Period. Subsection 214.06: Delete the fifth paragraph and replace with the following - Water used for the Landscape Establishment Period will not be measured and paid or separately but shall be included in the work. Watering of trees and shrubs after receipt of the Notice of Substantial Landscape Completion will not be measured and paid for separately but shall be included in the work. The first watering during the planting of trees and shrubs will not be paid for separately, but shall be included in the price of the work. Subsection 214.06: Delete the seventh paragraph including item (1) and (2), and the last paragraph of the subsection. Payment will be made under: Pay Item Pay Unit Deciduous Tree (3" caliper) Each Deciduous Tree (2" caliper) Each Ornamental Tree (2" caliper) Each Deciduous Shrub (5 Gallon Container) Each Perennials (1 Gallon Container) Each Ornamental Grass, (1 Gallon Container) Each Landscape Maintenance (24 months) Lump Sum 17 (2) REVISION OF SECTION 214 PLANTING Landscape Establishment Period. Plant replacement stock shall be planted in accordance with the Contract and is subject to all requirements specified for the original material. Plant replacement shall be at the Contractor's expense. An inspection will be conducted by the City, Contractor, Engineer and CDOT Landscape Architect, 12 months after the beginning of the Landscape Establishment Period in order to determine acceptability and amount of incentive payment. During this inspection, an inventory of losses and accepted plant material will be made and the Engineer will determine the incentive amount. Plant replacements determined to be necessary at this inspection will be planted within 30 days following the inspection. A second inspection to determine acceptability and the amount of incentive payment will be conducted no later than 23 months following the beginning of the Landscape Establishment Period. During this second inspection, an inventory of losses and accepted plant material will again be made and the Engineer will determine the incentive amount. Plant replacements determined to be necessary at this second inspection will be planted within 30 days following the inspection. Following any necessary plant replacements, the City, Contractor, Engineer, CDOT and the Landscape Architect will conduct a final inspection in order to close the Landscape Establishment Period. The Contractor shall remove all guying wires, straps and stakes from the plant material prior to this final inspection. In Subsection 214.04 - Delete item (b) 2 and include the following: The trees planted by the Contractor shall be watered twice per month at the rate of 30 gallons per tree per watering for the months May through October during the 24-month Landscape Establishment Period, or as needed, and the trees shall also be watered once per month at the rate of 30 gallons per tree for the months November through April during the 24-month Landscape Establishment Period, or as needed. The shrubs planted by the Contractor shall be watered twice per month at the rate of 10 gallons per shrub per watering event for the months May through October during the 24-month Landscape Establishment Period, or as needed, and the shrubs shall also be watered once per month at the rate of 10 gallons per shrub for the months November through April during the 24-month Landscape Establishment Period, or as needed. Prior to the beginning of the Landscape Establishment Period, a watering schedule listing the calendar days chosen to complete the required watering shall be submitted to facilitate inspections by the City/Engineer. Subsection 214.05 shall include the following: Soil material for tree, shrub, ornamental grass and perennial backfill mix, guy, webbing, tree stakes, protective caps and PVC pipe sleeve and wrap for trees, will not be measured and paid for separately but shall be included in the work. Planter Pot soil backfill and drainage materials shall not be measured but shall be incidental to the unit price of the planter pot. See Section 622 — Rest Areas & Buildings. Subsection 214.06 shall include the following: An incentive payment will be made for each accepted tree and shrub that is not identified during the two (2) incentive inspections as needing replacement. Incentive payment of the plant material furnished and planted shall be made after all replacement plant material is planted and accepted. The incentive will be calculated based on the following pay factor schedule. % Survival Rate (Tree) = No. of Trees not replaced x 100 Total No. of Trees planted 16 I i REVISION OF SECTION 214 PLANTING ' Section 214 of the Standard Specifications is hereby revised for this project as follows: Subsection 214.01 shall include the following: This work also consists of installation of planter pot soil mix, planter pot drainage materials and the Landscape Maintenance period and Landscape Establishment Incentive. See Section 213 for wood mulch and weed barrier fabric crushed pea -gravel within tree grate locations. Subsection 214.02 shall include the following: Plant List. A plant list is provided on the drawings. Quantities shown on the list are for information only. Contractor shall be responsible for verifying quantity takeoffs as shown on the drawings. In the event of a discrepancy between quantities shown on the plant list and quantities depicted on the plans, the quantities ' depicted on the plans shall govern. Guying and Staking. Material includes 14AWG wire with 1/2"x12" PVC sleeves and stake protection cap per ' each stake. Planter Pot Soil Mix. Materials shall be commercially available "planters mix" to include a minimum of 70% screened topsoil and 30% compost. rPlanter Pot Drainage Materials. Planter pot drainage materials to include weed barrier fabric, 4" depth, 3/4" angular washed rock, as detailed on the Drawings. Fertilizer in planting pits and planter pots shall NOT be required. In Subsection 214.04 - Delete the first paragraph and item (a) and replace them with the following:The Contractor shall be ' responsible for the following: The Landscape Establishment Period begins upon receipt of the written "Notice of Substantial Landscape ' Completion" from the Engineer. Substantial Landscape Completion occurs when all plant materials in the Contract have been planted and all work under Sections 212, 213, 214 and 623 has been performed, except for the Section 214 pay item, Landscape Maintenance. If the Notice of Substantial Landscape Completion is issued during the spring planting season, the Landscape Establishment Period begins immediately and lasts for a period of 24 months. If the ' Notice of Substantial Landscape Completion is issued at any other time, the Landscape Establishment Period begins at the start of the next spring planting season and lasts for a period of 24 months. After all planting on the project is complete, a plant inspection shall be held including the Contractor, Engineer, CDOT and the Landscape Architect to determine acceptability of plant material. During inspection, an inventory of rejected material will be made, and corrective and necessary cleanup measures will be determined. ' From the time of installation, during construction, and throughout the Landscape Establishment Period, the Contractor shall maintain all plant material, sodded and seeded areas in a healthy and vigorous growing condition, and ensure the successful establishment of vegetation. During the Landscape Establishment Period, the Contractor shall water, cultivate, and prune the plants, and repair, replace or readjust guy material. The Contractor shall also remove weeds from plant beds and saucers, maintain specified depths of mulching material and fertilize via a root feeder during the spring of each growing season. ' Dead, dying or rejected material shall be removed each month during the Landscape Establishment Period as directed. Plant replacement shall be performed during the spring planting seasons at the beginning and end of the 15 l I (2) REVISION OF SECTION 213 MULCHING Landscape Weed Barrier Fabric. Weed barrier shall be placed in tree grate areas, and inside concrete planter pots. Where individual weed barrier sheets abut they shall overlap a minimum of four -inches (4") and be secured with 11 gauge, six-inch (6") long staples at 18" inches O.C. along the joint. Mulching (Wood Chip) (Special). Prior to placing mulch and planting in mulch beds, apply Roundup herbicide to weeds and allow beds to sit for seven (7) days. Place wood mulch in shrub beds and tree planting rings in turf areas. Place mulch to a four -inches (4") depth. Gently brush mulch off of shrubg once installed. Take care in placement not to damage newly planted materials. Inorganic Mulch (Special) Pea -Gravel. Place crushed (not round) gravel mulch over finish grade in planting area beneath tree grates to a two-inch (2") depth or as specified on the drawings. Subsection 213.04 shall include the following: The quantity of weed barrier, shredded wood mulch and crushed pea -gravel will not be measured but shall be the quantity designated in the Contract, except measurements will be made for revisions requested by the Engineer, or for discrepancies of plus of minus five percent (5%) of the total quantity designated in the Contract. Casting/attaching the tree grate frame into the sidewalk shall not be measured but shall be incidental to the unit price of the tree grate. Subsection 213.05 shall include the following: Payment will be made under: Pay Item Pay Unit Landscape Weed Barrier Fabric Square Yard Mulching (Wood Chip)(Special) Cubic Feet Inorganic Mulch (Special) Pea -Gravel Square Foot Tree Grate Each Frames for the tree grate are included in the tree grate pay item and included in the work. 14 [1 REVISION OF SECTION 213 MULCHING ' Section 213 of the Standard Specifications is hereby revised for this project as follows: Subsection 213.01 shall include the following: This work also consists of furnishing and placing shredded wood mulch in the planting beds, cast iron tree grates with frame and crushed pea -gravel over weed barrier fabric in tree grates in accordance with the plans and ' specifications. Subsection 213.02 shall include the following: Mulching (Wood Chip) (Special). Shredded wood mulch (weed barrier not required) - free from deleterious materials and suitable as a top dressing of trees and shrubs, consisting of the following: ' Wood mulch material to be provided by the City of Fort Collins Forestry Division, located at Parks Maintenance Shop, 413 S. Bryan Avenue (near the City Park Golf Course), Fort Collins, 80521. Contact the City Forester (Ralph Zentz or Tim Buchanan) at 970.221.6361, to schedule material pickup. City will load ' the material into the Contractors vehicle for transport to the site. Contractor's pricing to include Contractor pickup at the above address, hauling material to the site and installation only. Inorganic Mulch (Special) Pea -Gravel. Clean, washed, crushed (not round) aggregate, '/<" maximum diameter. Landscape Weed Barrier Fabric. Materials for weed barrier shall be a non -woven geotextile material suitable for this purpose such as Mirafi 140, Typar 3341, or Polyspun 300 or approved equivalent. Submit brand name ' and model number/name of proposed weed barrier to be used. Tree Grate Approved Supplier: Recreation Plus, Ltd. 15209 W. Ellsworth Dr. Golden, CO 80401 T: 303.278.1455 Outside Denver: 888.278.1455 F: 303.278.1606 www.recreationr)lus.com miriamR,recreationplus. corn ' Approved Manufacturer: Urban Accessories Product: OT Title-24, 5' sq. (4 piece) Material: Cast Ductile Iron (for vehicular traffic) Finish: Raw cast iron. Frame: Standard 'S' Frame. Frames for the tree grate are included in the tree grate pay item and included in the work. Finish — Raw Steel Subsection 213.03 shall include the following: 13 1 7 (3) ,REVISION OF SECTION 212 SEEDING, FERTILIZER AND SODDING See Section 216 — Soil Retention Covering for erosion control blanket requirements on slopes adjacent roadway , improvements.. 12 (2) REVISION OF SECTION 212 SEEDING, FERTILIZER AND SODDING 1 Apply Roundup to areas to be seeded a minimum of two (2) weeks after topsoil has been redistributed and before application of soil amendment. Apply Roundup only when weeds are growing vigorously. Apply. at manufacturers maximum recommended rate. Spread the following amendments over the entire area to receive sod. Incorporate the amendments into the top 6 inches (or as noted below) of soil by rototilling: Turf Areas ' Compost: 3 CY/1,000 sq.ft. Fertilizer: Not Required. ' Bone Meal: Not Required. Incorporate amendments by discing or rototilling into the top 6 inches of soil. Obtain a uniform mixture. Work tight areas by hand. Restore fine grade with float drag to remove irregularities resulting from tilling operations. Float drag in two directions. Eliminate uneven areas and low spots. Establish a finish grade that provides positive drainage as indicated on the grading plans. Remove debris, roots, branches, stones, in excess of 1" inch diameter in size. Coordinate grading of subgrade to the following depths: ' Adiacent to curbs & other Surfaces Sodded areas 1" below curbs and walks Do not plant until finish grade has been reviewed by the Owner's Representative. This review does not reduce Contractor's responsibility to provide a finished product that drains. Subsection 212.05 Delete (c) Fertilizing. Fertilizing prior to sodding shall not be required. Subsection 212.07 shall include the following: The quantities of organic amendment (compost) will be the actual quantity of compost (CY) delivered to the site, as verified by delivery/weight tickets. ' Payment will be made under: Pay Item Pay Unit ' Organic Amendment Cubic Yard Soil Preparation / Fine Grading Per Acre ' Payment for Soil Amendment includes deliver of material to the project site, spreading at the application rates specified above, and incorporation into the areas to be sodded as indicated on the Drawings. ' Herbicide (Round Up application) will not be measured and paid for separately but shall be included in the work. J , REVISION OF SECTION 212 SEEDING, FERTILIZER AND SODDING is follows: Section 212 of the Standard Specifications hereby revised for this project as In Subsection 212.01 add: This work also consist of providing and incorporating organic amendment (compost) into areas designated for sod. Soil amendment not required in areas designated in areas to receive native seed. ' In Subsection 212.02, delete (b) Fertilizer. Fertilizing prior to sodding or native grass seeding shall not be required. In Subsection 212.04, delete this entire paragraph. Lawn Grass Seeding is not specified on this project. Subsection 212.05 (a) shall include the following: , Organic Amendment. Material shall be A-1 Organic, Colorado Compost or equivalent approved seven (7) days prior to bidding. Compost shall meet the following specifications: A totally organic product (Mountain peat is ' not acceptable in the amendment) that has been aerobically and naturally processed without the addition of coarse wood chips, in such a manner as to maintain a consistent temperature of 140 degrees Fahrenheit or greater for a period of time sufficient to create the following characteristics, measured by dry weight: ' Maximum allowable organic matter: 60% Organic matter to nitrogen ratio 25:1 to 30:1 pH: 6.5 to 7.5 Salts: 2.0 to 3.0 mmhos. , Less that 40% inorganic matter. Less than 5% soil, dirt, or sand. Maximum particle size of %2" diameter. ' Eradication of all harmful weed seeds, pathogens, and bacteria. A well decomposed earthy smell (non -offensive). Soil Amendment shall be applied at the rate of 3 cu. yds. / 1,000 sq.ft. , Examination. Verify rough grading is within I tenth of a foot. Verify site is free from obstructions, objects, or structures that are not a part of the final site construction. Verify major drainages are completed and in place. Do , not start work until the site is acceptable. Once landscape grading has commenced, the Landscape Contractor shall be responsible for bringing all grading to final line and grade and creating positive drainage. ' Clearing. Prior to any soil preparation, existing vegetation not to remain and which might interfere with the specified soil preparation shall be mowed, grubbed, raked, and the debris removed from the site. Prior to or during grading or tillage operations the ground surface shall be cleared of materials which might hinder final operations. ' Soil Preparation and Finish Grading. Protection - Field locate all buried cables, wires, electrical service, irrigation lines and any other subsurface element that may be damaged during ripping operations. Stake and/or , paint locations with an easily visible system that will enable equipment operators to avoid damaging buried utilities. Prepare all turf, shrub bed, and ground cover areas as follows: Rip soil to a minimum depth of 12" in two (2) directions using an agricultural ripper with tines spaced no greater than 12". Areas adjacent to walks, buried obstructions, structures, curbs etc. where the use of large ' mechanical equipment is difficult, shall be worked by hand. If roots of trees are encountered, minimize ripping operations as needed to avoid cutting roots or damaging , plant material. 10 1 REVISION OF SECTION 203 EMBANKMENT MATERIAL ' Section 203 of the Standard Specifications is hereby revised for this project as follows: In subsection 203.03(a), first paragraph, after the second sentence add the following: Embankment material shall have an R value of at least 30 when tested by the Hveem Stabilometer. 9 1 I I u I I 1 609-21020 Curb and Gutter Type 2 Section II-B LF 247 609-21023 Curb and Gutter Type 2 Section II-B (Special) 18" Head LF 1865 613-01075 3/4 Inch Electrical Conduit Plastic LF 40 613-01200 2 Inch Electrical Conduit Plastic LF 1500 613-01300 3Inch Electrical Conduit Plastic LF 420 613-01410 Traffic Signal Conduit (Special) (Plaslic)(Schedule 80)(2 each-2 inch and 2 each- 3 inch per lineal foot) LF 350 613-30005 Light Standard and Luminaire Pedestrian EACH 19 61340000 Concrete Foundation Pad EACH 2 613-40010 Light Standard Foundation EACH 19 613-50100 Lighting Control Center EACH 2 614-10145 Variable Message Sign LED (Single Faced DAY 40 619.40061 3/4-inch Service LF 45 619-50080 1 inch Plastic Pie LF 5,880 619-50160 2 inch Plastic Pie LF 495 620-00001 Field Office Class 1 EACH 1 620-00020 Sanitary Facility EACH 1 622-00010 Bicycle Rack EACH 9 622-00155 Planter Box (Special) Pots EACH 34 622-00250 Bench EACH 11 622-00270 Bollard Pedestrian EACH 4 622-00271 Ballard Vehicular S cial EACH 2 622-00350 Trash Receptacle EACH 6 623-00100 Irrigation LS 1 623-01706 3/4-inch Backflow Preventer EACH 1 623-07006 3/4-inch Water Meter EACH 1 623-09906 3/4" Tie -In To Existing Irrigation EACH 1 626-00000 Mobilization L S 1 626-01000 Public Information Services HOUR 45 Addendum 1 — 7244 Linden Street Streetscape Page 10 of 24 L_J REVISION OF SECTION 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT Section 106 of the Standard Special Provisions is hereby revised for this project as follows: Subsection 106.05 shall include the following: For this project, Contractor process control testing of hot mix asphalt is voluntary. 8 I PROJECT PLANS AND OTHER DATA Section 102 of the Standard Specifications is hereby revised for this project as follows: ' Subsection 102.05 shall include the following: After the proposals have been opened, the low responsible bidder may obtain from CDOT's Engineering Offices, at no cost: 2 sets of plans and special provisions; and if available for the project, one set of full-size cross sections, one set of full-size major structure plan sheets, and one set of computer output data. If the low bidder has not picked up the plans and other available data by 4:30 p.m. on the second Friday after bid opening, they will be sent ' to the Resident Engineer in charge of the project. Additional sets of plans and other available data may be purchased.on a cash sale basis from CDOT's Engineering Office at current reproduction prices. Subcontractors and suppliers may obtain plans and other data from the successful bidder or they may purchase copies on a cash ' sale basis from CDOT's Engineering Office at current reproduction prices. ON THE JOB TRAINING CONTRACT GOAL The Department has determined that On the Job Training shall be provided to trainees with the goal of developing full journey workers in the types of trade or classification involved. The contract goal for On the Job Trainees working in an approved training plan in this Contract has been established as follows: Minimum number of total On the Job Training required 320 hours REVISION OF SECTION 102 6 I CONTRACT GOAL (COMBINED) The Department has determined that Underutilized Disadvantaged Business Enterprises (UDBEs) will participate ' by contracting for a part of the work of this Contract. The contract goal for participation in this Contract by certified DBEs who have been determined to be underutilized has been established as follows: 0 UDBE* 10 Percent The percentage will be calculated from proposals received for this project according to the following formula: **Dollar amount of work to be contracted to underutilized DBEs (UDBEs) Percentage = 100 X Total dollar amount of the original Contract 1 * All DBEs will be considered to be UDBEs ** Based on DBE contract unit prices rather than prime contract unit prices. NOTE: Specific Good Faith Efforts required to meet the Contract Goal specified above are defined in the Standard Special Provisions. In addition, the Transportation Commission has determined an overall 12.69 percent annual goal for the participation of all DBEs. 1 1 I I I� 5 11 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract on or before the 51h day following Contract execution or the 20th day following the date of award, whichever comes later, unless such time for beginning the work is changed by the Chief Engineer in the "Notice to Proceed." The Contractor shall complete all work in accordance with the "Notice to Proceed." Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Contractor's progress schedule may be a Bar Chart Schedule. Salient features to be shown on the Contractor's Progress Schedule are: (1) Clearing & Grubbing and Removals (2) Earthwork and Reconditioning (3) Curb and Gutters & Sidewalks (4) Aggregate Base & Hot Mix Asphalt (5) Landscaping (Planting, Irrigation, Lighting, Streetscaping and Fences) (6) Clean up and Demobilization 4 I 1 1 iJ In u 1 J The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details with an authorized Department representative. Prospective bidders shall contact one of the following listed authorized Department representatives at least 12 hours in advance of the time they wish to go over the project. Resident Engineer - Dean Klingner, P.E. Office Phone: 970-221-6511 Project Engineer - Mark Laken Office Phone: 970-416-2907 Cell Phone: 970-222-3546 The above referenced individuals are the only representatives of the Department with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. If the bidder has a question or requests clarification that involves the bidder's innovative or proprietary means and methods, phasing, scheduling, or other aspects of construction of the project, the Project Engineer will direct the bidder to contact the Resident Engineer directly to address the question or clarification. The Resident Engineer will keep the bidder's innovation confidential and will not share this information with other bidders. The Resident Engineer will determine whether questions are innovative or proprietary in nature. If the Resident Engineer determines that a question does not warrant confidentiality, the bidder may withdraw the question. If the bidder withdraws the question, the Resident Engineer will not answer the question and the question will not be documented. If the bidder does not withdraw the question, the question will be answered, and both the question and answer will be distributed to all plan holders. If the Resident Engineer agrees that a question warrants confidentiality, the Resident Engineer will answer the question, and keep both question and answer confidential. Resident Engineer will keep a record of both question and answer in their confidential file. Questions and answers shall be used for reference only and shall not be considered part of the Contract. COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS CITY OF FORT COLLINS, CO LINDEN STREET STANDARD SPECIAL PROVISIONS Date No. of Pages Revision of Section 105 — Violation of Working Time Limitation (February 3, 2011)1 Revision of Sections 105 and 106 — Conformity to the Contract of Hot Mix (February 3, 2011) 7 Asphalt (Less than 5000 Tons) Revision of Section 106 — Certificates of Compliance and Certified Test Reports (February 3, 2011)1 Revision of Section 107 Responsibility for Damage Claims, (February 3, 2011)1 Insurance Types, and Coverage Limits Revision of Sections 107 and 208 — Water Quality Control, Under One Acre of Disturbance (February 3, 2011) 3 Revision of Section 109 — Asphalt Cement Cost Adjustment (February 3, 2011) 2 (Asphalt Cement Included in the Work) Revision of Section 109 — Fuel Cost Adjustment (February 3, 2011) 2 Revision of Section 109 — Measurement of Quantities (February 3, 2011)1 Revision of Section 401 — Compaction of Hot Mix Asphalt (February 3, 2011)1 Revision of Section 401 — Compaction Pavement Test Section (CTS) -(February 3, 2011)1 Revision of Section 401 — Temperature Segregation (February 3, 2011)1 Revision of Section 601 — Concrete Batching (February 3, 2011)1 Revision of Section 601 — Concrete Finishing (February 3, 2011)1 Revision of Section 630 — Construction Zone Traffic Control (February 3, 2011 ) 1 Revision Of Section 630 — Retroreflective Sheeting (With Type VI Sheeting) (February 3, 2011 1 Revision of Section 712 — Water for Mixing or Curing Concrete (February 3, 2011) 1 Affirmative Action Requirements — Equal Employment Opportunity (February 3, 2011)10 Disadvantaged Business Enterprise — Definitions and Requirements (February 3, 2011)14 Minimum Wages Colorado, (October 29, 2010)9 U.S. Department of Labor General Decision Numbers CO20100014 and CO20100015, MOD 5, Highway Construction, Statewide On the Job Training Partnering Program Railroad Insurance Required Contract Provisions — Federal -Aid Construction Contracts NOTICE TO BIDDERS 1 I 1 (February 3, 2011)4 (February 3, 2011) 1 , (February 3, 2011)1 (February 3, 2011)10 1 1 t 1 I I LI t 1 I 1 I H COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS CITY OF FORT COLLINS, COLORADO - LINDEN STREET The 2011 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. When reference is made to "CDOT", "the Department', "Transportation Director", "Chief Engineer', `Resident Engineer', "Project Engineer' or "the Engineer' it will refer to the City of Fort Collins and their assigned staff. Reference to manuals or publications shall still pertain to the Colorado Department of Transportation. PROJECT SPECIAL PROVISIONS Date Page Index Pages (April 29, 2010) 1 - 2 Notice to Bidder (April 29, 2010) 3 Commencement and Completion of Work (April 29, 2010) 4 Contract Goal (Combined) (April 29, 2010) 5 OJT Contract Goal (April 29, 2010) 6 Revision of Section 102 — Project Plans and Other Data (April 29, 2010) 7 Revision of Section 106 — Conformity to the Contract of Hot (April 29, 2010) 8 Mixed Asphalt Revision of Section 203 — Embankment Material (April 29, 2010) 9 Revision of Section 212 — Seeding, Fertilizer and Sodding (April 29, 2010) 10-12 Revision of Section 213 — Mulching (April 29, 2010) 13-14 Revision of Section 214 — Planting (April 29, 2010) 15-18 Revision of Section 304 — Aggregate Base Course (April 29, 2010) 19 Revision of Section 403 — Hot Mix Asphalt (April 29, 2010) 20-22 Revision of Section 607 — Fences (April 29, 2010) 23-26 Revision of Section 608 — Sidewalks and Bikeways (April 29, 2010) 27-32 Revision of Section 613 — Lighting (April 29, 2010) 33-34 Revision of Section 622 — Rest Area and Buildings (April 29, 2010) 35-38 Revision of Section 623 — Irrigation System (April 29, 2010) 39-41 Revision of Section 626 — Public Information Services (April 29, 2010) 41-44 Force Account Items (April 29, 2010) 45 Traffic Control Plan — General (April 29, 2010) 46 Utilities (April 29, 2010) 47 I 1 REVISION OF SECTION 613 LIGHTING 3 Inch Electrical Conduit (Plastic) 1 Wiring Lighting Control Center 1 Light Standard and Luminaire (Pedestrian) Light Standard Foundation 1 1 1 i 1 1 1 1 i 1 1 1 1 1 34 Linear Foot Lump Sum Each Each Each 1 REVISION OF SECTION 622 REST AREAS AND BUILDINGS Section 622 of the Standard Specifications is hereby revised for this project as follows: CONSTRUCTION REQUIREMENTS Subsection 622.20 Trash Receptacles shall include the following: Approved Supplier: Wood sites & Playscapes Post Office Box 6 Elizabeth, CO 80107-0006 Phone: 303.688.2132 www.woodssite.com woodssiteogmail.com Approved Manufacturer: Columbia Cascade Company Product: Timberform — Manor 2834-AT Ash/Dome Top with side empty liter container Pedestal (surface) Mount Color: Top color shall match container unless otherwise specified. A custom color is anticipated. Color shall be "Warm Grey" (similar to RAL No. 7006). Contractor shall submit a full palette of colors. Engineer shall select final color during the submittal process. Add Subsection 622.27 Bicycle Rack as follows: Custom design. See detailing on the Drawings. Color and finish as described on the Drawings. Approved Fabricators: 1. M&R Fabricators, Inc. 3001 Rawhide Drive Laporte, CO 80535-9330 T: 970.222.0109 e-mail: rustywillford@aol.com 2. Shaw Sign & Awning, Inc. 901 Southwest Frontage Road Fort Collins, CO 80524 T: 970.493.6244 e-mail: jonathan@shawsign.com 3. DaVinci Sign Systems, Inc. 4496 Bents Drive Windsor, CO 80550 T: 970.203.9292 e-mail: info@davincisign.com Add Subsection 622.28 Planter Box - Pots as follows: 35 City of F6rt Collions PUrChasing ADDENDUM No. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7244: Linden Street Streetscape OPENING DATE: 3:00 PM (Our Clock) June 13, 2011 Financial Services Purchasing Division 215 N. Mason St. 2n° Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. corn/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 — Revised Bid Tab 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 STATEMENT ENCLOSED WITH THE ADDENDUM HAS BEEN RECEIVED. BE ACKNOWLEDGED BY A WRITTEN BID/QUOTE STATING THAT THIS Addendum 2 7244 Linden Street Streetscape Page 1 of 8 630-00000 Flagging HOUR 1200 630-00012 Traffic Control Management DAY 105 630-10005 Traffic Control Devices LS 1 630-80341 Construction Traffic Sin Panel Size A EACH 8 630-80342 Construction Traffic Sign (Panel Size B) EACH 10 CONSTRUCTION BID ITEMS TOTAL: 700.70010 F/A Minor Contract Revisions F A 1 80 000.00 $80 000.00 700.70011 F/A Partnering F A 1 $ 2,000.00 $2 000.00 700-70016 F/A Fuel Cost Ad ustment F A 1 5,000.00 $5.000.00 700-70017 F/A Landscape Establishment Incentive F A 1 3,860.00 $3,860.00 700-70019 F/A Asphalt Cement Cost Adjustment F A 1 $ 5,000.00 $5,000.00 700-70022 F/A OJT Colorado Training Program F A 1 $ 525.00 $525.00 700.70380 F/A Erosion Control F A 1 5,000.00 $5 000.00 700-70230 F/A Utilti Lines F A 1 150 000.00 70 F/A Railroad Flagging 1 00 300 000. 3700.0 000.00 F/A 3/4"Ta Fee FA ,.00 00700.70260 $13,00 IN WORDS: FORCE ACCOUNT ITEMS TOTAL: $159,385.00 TOTAL PROJECT COST: 1 ACCEPTANCE OF FUEL COST ADJUSTMENTS: , Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of Section 109 - Fuel Cost Adjustment. To accept this standard special provision, the bidder must fill in an "Xrr , next to "YES" below. No Fuel Cost Adjustment will be made due to fuel cost changes for bidders who answer "NO". If neither line is marked, the Department will assume the bidder rejects Fuel Cost Adjustments for this project. After bids are submitted, bidders will not be given any other opportunity , to accept or reject this adjustment. (Mark only one line with an "X"): YES, I choose to accept Fuel Cost Adjustments for this project ' NO, I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is marked, the default is "NO", I choose NOT to accept Fuel Cost Adjustments for this project ' Addendum 1 — 7244 Linden Street Streetscape Page 11 of 24 , 1 F (2) REVISION OF SECTION 622 REST AREAS AND BUILDINGS ' Manufacturer/Supplier: Komegay Design ' 212 South 181h Street Phoenix, AZ 85034 info@komegaydesign.com T: 877.252.6323 F: 602.252.6322 ' Product: Square Series: 1. SS-21 - "Natural Grey" Concrete w/ Custom Drainage Hole Size = 3" diameter. Quantity: As indicated on the Drawings ' 2. SS-27 - "Natural Grey" Concrete w/ Custom Drainage Hole Size = 3" diameter. Quantity: As indicated on the Drawings Miscellaneous: Contractor shall coordinate the penetrations into pot as described on the Drawings. A total of 2 holes shall be required — bottom and side. ' Add Subsection 622.29 Bench as follows: Custom design. See detailing on the Drawings. ' Approved Fabricators: 1. M&R Fabricators, Inc. 3001 Rawhide Drive Laporte, CO 80535-9330 T: 970.222.0109 e-mail: rustywillford@aol.com 2. Shaw Sign & Awning, Inc. 901 Southwest Frontage Road Fort Collins, CO 80524 ' T: 970.493.6244 e-mail: jonathan@shawsign.com 3. DaVinci Sign Systems, Inc. 4496 Bents Drive Windsor, CO 80550 T: 970.203.9292 ' e-mail: info@davincisign.com Add Subsection 622.30 Pedestrian Bollard as follows: ' Product: 36" tall, carbon steel, surface mount, 4" diameter, standard flat cap. Color: To be determined. Submit Manufacturer's color full color chart for Owner's Representative's selection ' prior to placing order. Mounting: Surface mount per Manufacturer's standard detailing. ' 36 LI (3) REVISION OF SECTION 622 REST AREAS AND BUILDINGS Acceptable Manufacturer(s): 1. Cal Pipe Security Bollards Downey, CA 90241 T: 877.283.8518 www.calpipeboflards.com 2. M&R Fabricators, Inc. 3001 Rawhide Drive Laporte, CO 80535-9330 T: 970.222.0109 e-mail: rustywillford@aol.com 3. Shaw Sign & Awning, Inc. 901 Southwest Frontage Road Fort Collins, CO 80524 T: 970.493.6244 e-mail: jonathan@shawsign.com 4. Or approved substitute. Add Subsection 622.31 Vehicular Bollard as follows: Product: High Security, Schedule 40 Carbon Steel, embedded, 6" diameter Color: To be determined. Submit Manufacturer's color full color chart for Owner's Representative's selection prior to placing order. Mounting: Surface mount per Manufacturer's standard detailing. Manufacturer(s): 1. Cal Pipe Security Bollards Downey, CA 90241 T: 877.283.8518 www.calpipebollards.com 2. M&R Fabricators, Inc. 3001 Rawhide Drive Laporte, CO 80535-9330 T: 970.222.0109 e-mail: rustywillford@aol.com 3. Shaw Sign & Awning, Inc. 901 Southwest Frontage Road Fort Collins, CO 80524 T: 970.493.6244 e-mail: jonathan@shawsign.com 4. Or approved substitute. (4) 37 REVISION OF SECTION 622 REST AREAS AND BUILDINGS BASIS OF PAYMENT ' Add the following Pay Items to 622.11 as follows: Pay Item Pay Unit Planter Box (Special) (Pots) Each Bollards (Pedestrian) Each Bollards (Vehicular)(Special) Each Bench Each Bicycle Rack Each Trash Receptacle Each Planting soil and drainage materials are incidental to the price of the pot. See Section 214 — Planting I 38 REVISION OF SECTION 623 ' IRRIGATION SYSTEM Section 623 of the Standard Specifications is hereby revised for this project as follows: ' Subsection 623.04 shall include the following: ' Contractor shall install temporary controllers during installation and maintenance period for control of irrigation system. Upon final completion of maintenance period, City of Arvada will purchase Toro Scorpio controllers. Contractor shall be responsible for installation only of these controllers. Coordinate with City of Arvada. Attach wire markers to the ends of control wires inside the controller unit housing. Label wires with the identification number (see drawings) of the remote control valve to which the control wire is connected. Subsection 623.07(a) delete the first paragraph and replace with the following: (a) Pop -tip spray Sprinklers. The pop-up spray sprinkler body, stem, screen, and nozzle shall be constructed ' of heavy duty plastic. Delete Subsection 623.07b. ' Delete Subsection 623.09. Subsection 623.10 shall include the following: , Plastic and Copper water lines listed below shall be paid for under section 619. t Subsection 623.10 (a) shall include the following: Identify all pipe with the following indelible markings: (a) Manufacturer's Name. ' (b) Nominal pipe size. (c) Schedule of class. (d) Pressure rating ' (e) NSF (National Sanitation Foundation) seal of approval. (f) Date of extrusion. Delete subsection 623.10 (b) and replace with the following: , (b) Lateral Line Pipe. Lateral line pipe shall be Class 200 PVC manufactured from virgin polyvinyl chloride (PVC) compound in accordance with ASTM standards D2241 and D1784, cell classification 12454-13, , Type I, Grade I. Fittings shall be standards weight Schedule 40 injection molded PVC conforming to ASTM D1784 and D2466, ' cell classification 12454-B Subsection 623.10 (c) replace with the following: ' Drip irrigation laterals to pots, use UV radiation resistant polyethylene pipe manufactured from Prime Union Carbide G-resin 7510 Natural 7 manufactured by Union Carbide or a Union Carbide Licensee with a minimum of ' 2% carbon black, and minimum nominal pipe ID dimension of 0.810" for 3/4 inch pipe. Delete Subsections 623.10 (d), and 623.10 (e). 39 1 L! 11 [1 H I I (2) REVISION OF SECTION 623 IRRIGATION SYSTEM Subsection 623.10 shall include the following: (f) Copper pipe: Pressure supply line from point -of -connection through backflow preventer shall be Type "K" rigid conforming to ASTM Standard B88. Use wrought copper or cast bronze fittings, soldered or threaded per the installation details. Use a 95% tin and 5% antimony solder. (g) Joint Cement and Primer —Weldon P-70 Primer and Weldon 711 Gray Glue or Weldon 725 Wet and Dry Glue will be allowed. (h) Irrigation Roadway and sidewalk sleeves. Lateral line pipe shall be Class 200 PVC manufactured from virgin polyvinyl chloride (PVC) compound in accordance with ASTM standards D2241 and D1784, cell classification 12454-B, Type I, Grade I. Delete Subsections 623.10 (d), and 623.10 (e). Delete Subsections 623.1 (c), 623.11 (d), and 623.11 (e). Delete Subsection 623.11 (f) and replace with the following: (f) Mainline Isolation Valves. Gate valves for 3/4-inch through 2-1/2-inch Pipe — Brass construction; solid wedge, IPS threads, and non -rising stem with square operating nut. Delete Subsection 623.13 Subsection 623.20 replace with the following: RainBird Root watering system with irrigation bubbler shall be utilized in all tree grates. Install per manufacturer's recommendations and installation details. Install at locations noted on plans. Subsection 623.23 First Sentence shall read as follows: "After installation of ... for leaks after a minimum 150 PSI static pressure... for four hours in a hydro static test." Subsection 623.23 shall include the following: The contractor shall conduct pressure tests in the presence of the Engineer or Engineer's representative. The Contractor shall give 72 hour notice prior to testing. The test is acceptable if no loss of pressure is evident during the test period. The Contractor shall retest system until test pressure can be maintained for the duration of the test. Subsection 623.26 shall include the following: The Contractor shall provide a valve sequencing chart for each automatic controller installed. Charts shall not be prepared until as-builts plans have been approved by the Engineer. Charts shall be installed on the automatic controller door with photo reduction prints of the as-builts plans. Reduction prints shall be kept to the largest size possible to retain full legibility. Hit (3) REVISION OF SECTION 623 IRRIGATION SYSTEM A readable print of the as -built plans shall be provided showing the area covered by the automatic controller. The area of coverage of each control valve shall be identified using a distinctly different pastel color, drain over the entire area of coverage. In Subsection 623.30, second paragraph, delete item (4) and replace with the following: (4) Two of each Type of Valve box Subsection 623.30 shall include the following: One set of special tools required for removal, disassembling and adjusting each type of sprinkler head and valve installed. Two keys for each automatic controller enclosure. In Subsection 623.32, delete the second and third paragraphs. Subsection 623.33, add the following items: Pay Item Pay Unit Irrigation Lump Sum Payment for irrigation will be the contract lump sum bid and will be full compensation for all irrigation materials and labor necessary to complete the project as shown on the plans, to include plastic piping, irrigation bubblers, drip emitters tubing, flow sensors and automatic control. 41 REVISION OF SECTION 626 PUBLIC INFORMATION SERVICES Section 626 of the Standard Specifications is hereby revised for this project as follows: Subsection 626.01 shall include the following: ' The Contractor shall provide the following public information services on an ongoing basis throughout the duration of the project: ' At the preconstruction conference the Contractor shall introduce the Public Information Manager (PIM) for the project and present a public information plan and strategies or methods for communicating project activities. The Contractor shall prepare and submit a preliminary list of stakeholder groups and specific stakeholders that need to receive ongoing communication about the project. I The PIM shall be available on every working day, accessible and on call by cell phone or pager at all times and available upon the request of the Engineer at other than normal working hours. The PIM shall communicate with the Engineer daily. The Contractor shall establish a Public Information Office (PIO) equipped with a telephone and an answering machine or answering device with the capability to record a message from the caller. This may be a cell phone, but must be a local number. The PIO shall be equipped with a computer and an e-mail account. The PIO may or may not be located within the Contractor's regular office provided that the telephone has a local call number. The PIM shall record a friendly greeting on the project's published phone line each week, updating the message throughout the week, as necessary, depending on changes in work schedule, activities and traffic impacts. The recording shall include each week's forthcoming activities including work days, hours and expected traffic delays, posted detours, project completion date, and office hours. The PIM shall check the answering machine at least twice every calendar day, including weekends. The PIM shall respond to callers and e-mail inquiries as soon as possible, but at least within 24 hours. The PIM shall keep a logbook of all calls including the contact name, date of contact, date responded, the contact's comments, and the action the PIM took. A copy of this log shall be submitted to the Engineer every two weeks or more frequently,. as requested by the Engineer. The PIM shall maintain communications with businesses and individual residences, commuters, local government entities and all other stakeholders that are directly adjacent to and affected by the project. Using a communications method or strategy approved by the Engineer, the Contractor shall notify stakeholders about the project two weeks prior to beginning any lane restrictions or project activities. Depending upon project impacts, contact with stakeholders may be required daily, weekly, monthly or periodically throughout the duration of the project. Communications tools could include hand flyers, door hangers, newsletters, mailers, using e-mail distribution lists, etc. All public information correspondence and subsequent updates must be approved by the Engineer 48 hours before distribution. Each communication tool shall include contact information, PIM's name and office phone. Cell phone numbers and e-mail addresses shall be provided where service is available. The communication shall include the description of work, lane restrictions, a detour map if warranted, the anticipated start and completion dates, hours of operation and work schedule, and a Slow for the Cone Zone message. 42 2 REVISION OF SECTION 626 PUBLIC INFORMATION SERVICES The Contractor shall erect construction traffic signs with the dates the Contractor expects to initiate and complete construction and with the Contractor's public information office's or PIM's phone number at each major approach to the project. The signs shall conform to the requirements of Section 630 and shall be erected at least one week prior to the beginning of construction. The Public Information Services Contact Sheet shall include the following: Subsection 626.02 shall include the following: The Engineer will monitor the PIM and all public information services. When the Contractor provides acceptable public information services in accordance with these specifications, partial payments for the pay item Public Information Services will be made as the work progresses. These partial payments will be made as follows: When 5 percent of the original Contract amount is earned, 25 percent of the amount bid for this item will be paid. When 10 percent of the original Contract amount is earned, 40 percent of the amount bid for this item, less all previous payments, will be paid. When 25 percent of the original Contract amount is earned, 50 percent of the amount bid for this item, less all previous payments, will be paid. When 75 percent of the original Contract amount is earned, 75 percent of the amount bid for this item, less all previous payments, will be paid. When 100 percent of the original Contract amount is earned, 100 percent of the amount bid for this item, less all previous payments, will be paid. Failure to provide acceptable public information services will result in withholding of progress payment for this item. Continued failure to provide the services required will result in non-payment of the corresponding percentage of the original bid item and may result in suspension of the work in those areas affected until acceptable public information services are provided by the Contractor. 43 [1 3 REVISION OF SECTION 626 PUBLIC INFORMATION SERVICES For the purpose of public information services, the term "original Contract amount" as used above, shall mean the amount bid for the construction items on this Contract, not including the amounts bid for Public Information Services and Mobilization. Payment for Public Information Services will be full compensation for all fliers, public information office, telephone lines, and all other labor and materials required to complete the item, except signs. Signs will be measured and paid for in accordance with Section 630. Payment will be made under: Pay Item Pay Unit Public Information Services Hour 44- FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Department's estimate for force account items included in the Contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor. Force Account Item Estimated uanti Amount F/A Minor Contract Revisions F.A. $ 80,000* F/A Partnering F.A. $ 2,000 F/A Fuel Cost Adjustment F.A. $ 5,000 F/A Landscape Establishment Incentive F.A. $ 3,860 F/A Asphalt Cement Cost Adjustment F.A. $ 5,000 F/A OJT Colorado Training Program F.A. $ 525 F/A Erosion Control F.A. $ 5,000 F/A Utility Lines F.A. $ 15,000 F/A Railroad Flagging F.A. $ 30,000 F/A'/" Tap Fee F.A. $ 13,000 45 11 I EXHIBIT 2 — UNION PACIFIC RAILROAD REQUIREMENTS & SPECIFICATIONS 1 RAILROAD REQUIREMENTS — UPRR The project includes construction work on the rights -of -way and/or properties of the Union Pacific Railroad (hereinafter called "Railroad") and adjacent to the tracks, wire lines, and other facilities of Railroad. That portion of this project involving a hazard to the Railroad, due to the Contractor's operations, is estimated to be 5% of the total project. The Department of Transportation of the State of Colorado AND the City of Fort Collins (hereinafter collectively called "Department") does not guarantee the accuracy of this estimated percentage and assumes no responsibility or liability for losses incurred by the Contractor or any insurance underwriter in relying upon the accuracy of the estimate in any manner whatsoever. The Contractor and subcontractors shall cooperate with the officers and the authorized representatives of the Railroad and its tenants to the end. The ' Contractor's work shall be begun, conducted and completed in such manner as to cause no interference whatsoever with the safety or the continuous and uninterrupted use and operation of the tracks, wire lines, and other facilities belonging to the Railroad or its tenants. IFor the benefit of the Contractor and the Insurer(s), the current railroad traffic at the project area is estimated at: i• 2 train movements per day, at maximum speeds of 40 mph. Before commencing any work on Railroad's properties, the Contractor shall notify: Ms. Kelly Abaray I Manager Industrial & Public Projects — UPRR 1400 West 52"d Avenue Denver, CO 80221 Contractor's Right of Entry Agreement is enclosed in this specification and shall be submitted to: Paul Farrell (402) 544-8620 pgfarrell@up.com Contact person for flagging will be: ' Karl Shoemaker (402) 501-3849 Kdshoeml Oup.com Flagging will be required as per the Right to Entry Agreement. Flagging costs once pre -approved by the Project Engineer are reimbursable via the Force Account item — "Railroad Flagging." The administrative fee for the Right to Entry Agreement is $500. This fee is also reimbursable via the Force Account item — "Railroad Flagging." IAddendum 1 — 7244 Linden Street Streetscape Page 12 of 24 I I [] 11 II TRAFFIC CONTROL PLAN - GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.10(a). The components of the TCP for this project are included in the following: (1) Subsection 104.04 and Section 630 of the specifications. (1) City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control Devices (U.S. Department of Transportation), or applicable statutory requirements of authority having jurisdiction. Fort Collins Handbook takes precedence over Manual of Uniform Traffic Control Devices. (2) Section 630 of the specifications. (3) Revision of Sections 100, 104, and 108 of these Project Specifications. (4) Standard Plan S-630-1, Traffic Controls for Highway Construction, Case No. 2, 18, 19, 20, 24 and Standard Plan S-630-2. (5) Schedule of Traffic Control Devices: Construction Traffic Control Devices 1 LS Flagger 1200 Hour Traffic Control Management 105 Day Portable Message Signs 40 EA/Day Specialty Sign - Size B 8 EA Specialty Sign - Size A 10 EA Special Traffic Control Plan requirements for this project are as follows: A. The Contractor will provide all construction traffic control for the project. The Contractor shall coordinate all construction phasing and construction traffic control requests with the City Traffic Dept. The contractor must submit traffic control plans and coordinate traffic control with the City's Traffic Control Coordinator. The traffic control plans must he submitted and approved seventy-two (72) hours prior to starting construction and before making each modification. Adjustments to the approved plan may be required by the Owner based on actual traffic operation. B. Traffic Control plans need to identify public accessible parking within the work area. C. In accordance to CDOT Region 4 Lane Closure Strategy, no work interfering with traffic flow on Jefferson Street will be permitted during the hours of 7:00 AM to 9:00 PM Monday thru Friday unless authorized in writing by the City Traffic Dept. and CDOT. Lane Closures are permitted anytime on Saturdays and Sundays. Weekend work will require authorization in writing from City Traffic and CDOT. D. The Contractor shall maintain pedestrian and bicycle movements through the project site and the surrounding trails. The Traffic Control plan shall address the method of handling these movements including access to area businesses. E. The Contractor shall, at all times, provide for emergency vehicle access into and through the construction site. F. Keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. G. Keep fire hydrants and water control valves free from obstruction and available for use at all times. H. Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. 46 I. Provide and maintain continual access for businesses and residences. ' J. Roadway Usage Between Operations — At all times when work is not actually in progress, Contractor shall make passable and shall open to traffic such portions of the project and temporary roadways or portions thereof as may be agreed upon between Contractor and Owner and all authorities having ' jurisdiction over any properties involved. The contractor will be responsible for maintaining all public accessible driving and walking surfaces throughout the project. ' K. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless directed. , L. The Contractor shall coordinate Traffic Control activities with the City of Fort Collins Traffic Engineering and Electric Departments to assure that work activities by those departments are coordinated with the Contractor's activities. At the least 48 hours notice is required. , M. The Contractor shall maintain I P lanes throughout the project. N. The Contractor shall provide a flagger for equipment, trucks, or other pertinent construction equipment ' entering or leaving the construction area into traffic at all times. O. Standard Hours of Operation are 7:00 A.M. thru 6:00 P.M. - Monday thru Friday. Given the scope of the proposed improvements, the City will allow extended working hours with written approval. Extended ' Hours requests must be made in writing. P. During the construction of this project: ' 1.) Linden Street shall maintain 1 northbound and 1 souhbound lanes at all times. 2.) Linden Street shall maintain diagonal parking whenever it is deemed feasible by the City Engineering and Traffic Departments. , 3.) Willow Street shall maintain 1 eastbound and 1 westbound lanes at all times. 4.) Willow Street shall maintain parallel parking whenever it is deemed feasible by the City Engineering and Traffic Departments 5.) Short duration (less than 2 hour) individual lane closures will be permitted on Linden Street and ' Willow Street during paving operations with adequate onsite flagging. 6.) Upon request, the City will allow either of these options for the crosswalks at Linden/Willow intersection. Either of these options will require 3 weeks advanced notice for the City and local , businesses and failure to meet the maximum number of days will result in the City requiring opening to traffic available lanes. The options are: a. Am aximum of 7 calendar day closure of the Linden/Willow intersection for the completion of concrete crosswalks. o ' b. A maximum of 5 calendar day closure of Willow Street and/or a 5 calendar day closure of Linden Street for the completion of the concrete crosswalks. , The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless directed. Prior to starting construction, the Contractor shall notify the City of Fort Collins Traffic Engineer of the date the Contractor intends to start construction. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. , 47 ' 1 ' February 3, 2011 REVISION OF SECTION 105 VIOLATION OF WORKING TIME LIMITATION Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.03 shall include the following: ' If there is a violation of the working time limitations for traffic control as set forth in the special provisions, a written notice to stop work will be imposed on the Contractor at the start of the next working day. Work shall not resume until the Contractor assures the Engineer, in writing, that there will not be a reoccurrence of the working time violation. If more violations take place, the Engineer will notify the Contractor in writing that there will be a price reduction charge for each incident in accordance with this specification. This incident price reduction charge will be deducted from any money due the Contractor. This price reduction will not be considered a penalty but will be a price reduction for failure to perform traffic control in compliance with the Contract. n I 1 I An incident is any violation up to 30 minutes in duration. Each 30 minutes or increment thereof will be considered as an incident. A price reduction will be assessed for each successive or cumulative 30 minute period in violation of the working time limitations, as determined by the Engineer. The price reduction for each incident will increase at a progressive rate starting with $150 for the second incident and increasing to $1200 for the fifth and subsequent incidents in accordance with the following schedule. A 15 minute grace period will be allowed at the beginning of the second incident on the project before the price reduction is applied. This 15 minute grace period applies only to the second incident. The number of incident charges will be accumulative throughout the duration of the Contract. PRICE REDUCTION SCHEDULE Incident Incident Rate Total Price Reduction 151 Notice to Stop Work ---- 2°d $150 $150 3`d 300 450 4`h 600 1,050 5th 1,200 2,250 6`h 1,200 3,450 Etc. 1,200 4,650 Etc. Etc. February 3, 2011 ' REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) Sections 105 and 106 of the Standard Specifications are hereby revised for this project as follows: Delete subsection 105.05 and replace with the following: 105.05 Conformity to the Contract of Hot Mix Asphalt. Conformity to the Contract of all Hot Mix Asphalt, Item 403, except Hot Mix Asphalt (Patching) and temporary pavement will be determined by tests and evaluations of elements that include asphalt content, gradation, in -place density and joint density in accordance with the following: All work performed and all materials furnished shall conform to the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown in the Contract. For those items of work where working tolerances are not specified, the Contractor shall perform the work in a manner consistent with reasonable and customary manufacturing and construction practices. When the Engineer finds the materials or work furnished, work performed, or the finished product are not in conformity with the Contract and has resulted in an inferior or unsatisfactory product, the work or material shall be removed and replaced or otherwise corrected at the expense of the Contractor. Materials will be sampled randomly and tested by the Department in accordance with Section 106 and with the applicable procedures contained in the Department's Field Materials Manual. The approximate maximum quantity represented by each sample will be as set forth in Section 106. Additional samples may be selected and tested as set forth in Section 106 at the Engineer's discretion. A process will consist of either a single test value or a series of test values resulting from related tests of an element of the Contractor's work and materials. An element is a material or workmanship property that can be tested and evaluated for quality level by the Department approved sampling, testing, and analytical procedures. All materials produced will be assigned to a process. A change in process is defined as a change that affects the element involved. For any element, with the exception of the process forjoint density element, a process normally will include all produced materials associated with that element prior to a change in the job mix formula (Form 43). Forjoint density, a new process will be established for each new layer of pavement or for changes in joint construction. Density measurements taken within each compaction test section will be a separate process. The Engineer may separate a process in order to accommodate small quantities or unusual variations. Evaluation of materials for pay factors (PF) will be done using only the Department's acceptance test results. Each process will have a PF computed in accordance with the requirements of this Section. Test results determined to have sampling or testing errors will not be used. Except for in -place density measurements taken within a compaction test section, any test result for an element greater than the distance 2 x V (see Table 105-2) outside the tolerance limits will be designated as a separate process and the pay factor will be calculated in accordance with subsection 105.05(a). An element pay factor less than zero shall be zero. The calculated PF will be used to determine the Incentive/Disincentive Payment (I/DP) for the process. In the case of in -place density or joint density the Contractor will be allowed to core the exact location (or immediately adjacent location forjoint density) of a test result more than 2 x V outside the tolerance limit. The core must be taken and furnished to the Engineer within eight hours after notification by the Engineer of the test result. The result of this core will be used in lieu of the previous test result. Cores not taken within eight hours after notification by the Engineer will not be used in lieu of the test result. All costs associated with coring will be at the Contractor s expense. (a) Representing Small Quantities. When it is necessary to represent a process by only one or two test results, PF will be the average of PFs resulting from the following: If the test result is within the tolerance limits then PF = 1.00 I I [1 I j 1 I I LI I I I February 3, 2011 2 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) If the test result is above the maximum specified limit, then PF = 1.00 - [0.25(To - TU)N) If the test result is below the minimum specified limit, then PF = 1.00 - [0.25(TL - TO)N) Where: PF = pay factor. V = V factor from Table 105-2. To = the individual test result. Tu = upper specification limit. TL = lower specification limit. The calculated PF will be used to determine the I/DP for the process. (b) Determining Quality Level. Each process with three or more test results will be evaluated for a quality level (QL) in accordance with Colorado Procedure 71. (c) Gradation Element. Each specified sieve, with the exception of 100 percent passing sieves, will be evaluated for QL separately. The lowest calculated QL for a sieve will be designated as the QL for gradation element for the process. (d) Joint Density Element. Joint Density will be tested according to subsection 401.17. (e) Process Pay Factor. Using the calculated QL for the process, compute PF as follows: The final number of random samples (Pn) in each process will determine the final pay factor.. As test values are accumulated for each process, Pn will change accordingly. When the process has been completed, the number of random samples it contains will determine the computation of PF, based on Table 105-3 and formula (1) below. When Pn is from 3 to 9, or greater than 200, PF will be computed using the formulas designated in Table 105- 3. Where Pn is equal to or greater than 10 and less than 201, PF will be computed by formula (1): ' (1) PF = (PFt + PFZ) (PFZ + PF3) (PF, + PFZ) (PnZ - Pnx) ---- - + ------ ------ - ------ ------ - --- -- x ----- - ------ (PnZ - Pn3) Where, when referring to Table 105-3: PF,= PF determined at the next lowest Pn formula using process QL PF2= PF determined using the Pn formula shown for the process QL PF3= PF determined at the next highest Pn formula using process QL PnZ= the lowest Pn in the spread of values listed for the process Pn formula Pn3= the lowest Pn in the spread of values listed for the next highest Pn formula Pnx= the actual number of test values in the process When evaluating the item of Furnish Hot mix asphalt, the PF for the element of In -Place Density shall be 1.0. Regardless of QL, the maximum PF in relation to Pn is limited in accordance with Table 105-3. February 3, 2011 , REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) As test results become available, they will be used to calculate accumulated QL and PF numbers for each process. The process I/DP's will then be calculated and accumulated for each element and for the item. The test results and the accumulated calculations will be made available to the Contractor upon request. Numbers from the calculations will be carried to significant figures and rounded according to AASHTO Standard Recommended Practice R-11, Rounding Method. (f) Evaluation of Work. When the PF of a process is 0.75 or greater, the finished quantity of work represented by the process will be accepted at the appropriate pay factor. If the PF is less than 0.75, the Engineer may: 1. Require complete removal and replacement with specification material at the Contractor's expense; or 2. Where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the material in place. If the material is permitted to remain in place the PF for the process will not be greater than 0.75. When condition red, as described in Section 106, exists for any element, resolution and correction will be in accordance with Section 106. Material, which the Engineer determines is defective, may be isolated and rejected without regard to sampling sequence or location within a process. If removal and replacement is required because thejoint density PF for a process is below 0.75, the Contractor shall remove and replace the full lane width adjacent to and including at least 6 inches beyond the visible joint line for the entire length of joint representing the process. If the lane removed is adjacent to anotherjoint, that joint shall also be removed to a point 6 inches beyond the visiblejoint line. When a single joint density core is more than 2V outside the tolerance limits, the removal and replacement limits shall be identified by coring the failingjoint at 25 foot intervals until two successive cores are found to be 1 V or less below the minimum tolerance limit. If removal and replacement is required, the Contractor shall submit documentation identifying the process to be used to correct the area in question in writing. The process will be approved by the Engineer before commencing the corrective work. Table 105-2 "W" AND "V" FACTORS FOR VARIOUS ELEMENTS Hot Mix Asphalt Element V Factor W Factor 2.36 mm (No. 8) mesh and larger sieves 2.80 N/A 600 pm (No. 30) mesh sieve 1.80 N/A 75 pm (No. 200) mesh sieve 0.80 N/A Gradation N/A 15 Asphalt Content 0.20 25 In -place Density 1.10 45 Joint Density 1.60 15 1 I I I I I 1 1 1 11 I 1 1 February 3, 2011 4 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) Table 105-3 FORMULAS FOR CALCULATING PF BASED ON PN Pn When Pn as shown at left is 3 to 9, or greater than 200, use designated formula below to calculate Pay Factor, PF = ..., when Pn is 10 to 200, use formula (1) above: Maximum PF 3 0.31177 + 1.57878 (QU100) - 0.84862 (QU100)2 1.025 4 0.27890 + 1.51471 (QU100) - 0.73553 (QU100)2 1.030 5 0.25529 + 1.48268 (QU100) - 0.67759 (QU100)2 1.030 6 0.19468 + 1.56729 (QU100) - 0.70239 (QU100)2 1.035 7 0.16709 + 1.58245 (QU100) - 0.68705 (QU100)2 1.035 8 0.16394 + 1.55070 (QU100) - 0.65270 (QU100)2 1.040 9 0.11412 + 1.63532 (QU100) - 0.68786 (QU100)2 1.040 10 to l l 0.15344 + 1.50104 (QU100) - 0.58896 (QU100)2 1.045 12 to 14 0.07278 + 1.64285 (QU100) - 0.65033 (QU100)2 1.045 15 to 18 0.07826 + 1.55649 (QU100) - 0.56616 (QU100)2 1.050 19 to 25 0.09907 + 1.43088 (QU100) - 0.45550 (QU100)2 1.050 26 to 37 0.07373 + 1.41851 (QU100) - 0.41777 (QU100)2 1.055 38 to 69 0.10586 + 1.26473 (QU100) - 0.29660 (QU100)2 1.055 70 to 200 0.21611 + 0.86111 (QU100) 1.060 > 201 0.15221 + 0.92171 (QU100) 1.060 (g) Process 1/DP Computation. I/DP = (PF - 1)(QR)(UP)(W/100) Where: I/DP = Incentive/Disincentive Payment PF = Pay Factor QR = Quantity in Tons of HMA Represented by the Process UP = Unit Bid Price of Asphalt Mix W = Element Factor from Table 105-2 When AC is paid for separately UP shall be:1111 iUP = [(TonHMA)(UPHMA) + (TonAC)(UPAC)I/TonHMA Where: TonHMA = Tons of Asphalt Mix UPHMA Unit Bid Price of Asphalt Mix TonAC Tons of Asphalt Cement UPAC - Unit Bid Price of Asphalt Cement For the joint density element: I February 3, 2011 I REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) UP = UPHMA Where: UPHMA is as defined above. When AC is paid for separately UP shall be: UP = I(BTonHMA)(BUPHMA) + (BTonAJ(BUPAJJ/BTonHMA Where: BTonHMA = Bid Tons of Asphalt Mix BUPHMA = Unit Bid Price of Asphalt Mix BTonAc = Bid Tons of Asphalt Cement BUPAc = Unit Bid Price of Asphalt Cement (h) Element I/DP. The I/DP for an element shall be computed by accumulating the process I/DP's for that element. (i) 1/DP for a Mix Design. The I/DP for a mix design shall be computed by accumulating the individual I/DP's for the asphalt content, in -place density, and gradation elements for that mix design. The accumulated quantities of materials for each element must be the same at the end of I/DP calculations for a mix design. 0) Project 1/DP. The I/DP for the project shall be computed by accumulating the mix design 1/DP's and the joint density I/DP's. The accumulated quantities of materials for each element must be the same at the end of I/DP calculations for the project. Delete subsection 106.05 and replace with the following: 106.05 Sampling and Testing of Hot Mix Asphalt. All hot mix asphalt, Item 403, except Hot Mix Asphalt (Patching) and temporary pavement shall be tested in accordance with the following program of process control testing and acceptance testing: The Contract will specify whether process control testing by the Contractor is mandatory or voluntary. (a) Process Control Testing. 1. Mandatory Process Control. When process control testing is mandatory the Contractor shall be responsible for process control testing on all elements and at the frequency listed in Table 106-1. Process control testing shall be performed at the expense of the Contractor. After completion of compaction, in -place density tests for process control shall be taken at the frequency shown in Table 106-1. The results shall be reported in writing to the Engineer on a daily basis. Daily plots of the test results with tonnage represented shall be made on a chart convenient for viewing by the Engineer. All of the testing equipment used for in -place density testing shall conform to the requirements of acceptance testing standards, except nuclear testing devices need not be calibrated on the Department's calibration blocks. For elements other than in -place density, results from quality control tests need not be plotted, or routinely reported to the Engineer. This does not relieve the Contractor from the responsibility of performing such testing along with appropriate plant monitoring as necessary to assure that produced material conforms to the applicable specifications. Quality control test data shall be made available to the Engineer upon request. 2. Voluntary Process Control. The Contractor may conduct process control testing. Process control testing is not required, but is recommended on the elements and at the frequency listed in Table 106-1. All of the testing equipment used for in -place density testing shall conform to the requirements of I I I I I I I 1 C I I I I I I I I I I I I 1 1 I February 3, 2011 6 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) acceptance testing standards, except nuclear testing devices need not be calibrated on the Department's calibration blocks. (b) Acceptance Testing. Acceptance testing is the responsibility of the Department. For acceptance testing the Department will determine the locations where samples or measurements are to be taken and as designated in Section 403. The maximum quantity of material represented by each test result, the elements, the frequency of testing and the minimum number of test results will be in accordance with Table 106-1. The location or time of sampling will be based on the stratified random procedure as described in CP 75. Acceptance sampling and testing procedures will be in accordance with the Schedule for Minimum Materials Sampling, Testing and Inspection in the Department's Field Materials Manual. Samples for project acceptance testing shall be taken by the Contractor in accordance with the designated method. The samples shall be taken in the presence of the Engineer. Where appropriate, the Contractor shall reduce each sample to the size designated by the Engineer. The Contractor may retain a split of the each sample which cannot be included as part of the Contractor's process control testing. All materials being used are subject to inspection and testing at any time prior to or during incorporation into the work. Table 106-1 SCHEDULE FOR MINIMUM SAMPLING AND TESTING Element Process Control Acceptance Asphalt Content 1/500 tons 1/1000 tons Theoretical 1.1000 tons, minimum _ v� Maximum Specific 1/day 1/1000tons, minimum 1/day Gravity _ _ Gradation 1/Day 112000 tons In -Place Density 1/500 tons 1/500 tons 1 core/25001iriear feet of Joint Density 1 core /5000 linear feet of joint - - joint - - - --- - - - Aggregate 1/2000 tons or 1/Day if Percent 112000 tons Moisture tat less than 2000 tons Percent Lime tat (4) 1/Day Not applicable Notes: (1) The minimum number of in -place density tests for acceptance will be 5. (2) Process control tests for gradation are not required if less than 250 tons are placed in a day. The minimum number of process control tests for gradation shall be one test for each 1000 tons or fraction thereof. (3) Not to be used for incentive/disincentive pay. Test according to CP 60B and report results from Form 106 or Form 565 on Form 6. (4) Verified per Contractor's QC Plan. February 3, 2011 ' 7 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT ' (LESS THAN 5000 TONS) (c) Reference Conditions. Three reference conditions can exist determined by the Moving Quality Level (MQL). The MQL will be calculated in accordance with the procedure in CP 71 for Determining Quality Level (QL). The MQL will be calculated using only acceptance tests. The MQL will be calculated on tests 1 through 3, , then tests 1 through 4, then tests 1 through 5, then thereafter on the last five consecutive test results. The MQL will not be used to determine pay factors. The three reference conditions and actions that will be taken are described as follows: 1. Condition green will exist for an element when an MQL of 90 or greater is reached, or maintained, and the past five consecutive test results are within the specification limits. 2. Condition yellow will exist for all elements at the beginning of production or when a new process is , established because of changes in materials or thejob-mix formula, following an extended suspension of work, or when the MQL is less than 90 and equal to or greater than 65. Once an element is at condition green, if the MQL falls below 90 or a test result falls outside the specification limits, the condition will revert to yellow or red as appropriate. 3. Condition red will exist for any element when the MQL is less than 65. The Contractor shall be notified immediately in writing and the process control sampling and testing frequency increased to a minimum rate of 1/250 tons for that element. The process control sampling and testing frequency shall remain at 1/250 tons until the process control QL reaches or exceeds 78. If the QL for the next five process control tests is below 65, production will be suspended. If gradation is the element with MQL less than 65, the Department will test one randomly selected sample ' in the first 1250 tons produced in condition red. If this test result is outside the tolerance limits, production will be suspended. (This test result will not be included as an acceptance test.) , After condition red exists, a new MQL will be started. Acceptance testing will stay at the frequency shown in Table 106-1. After three acceptance tests, if the MQL is less than 65, production will be suspended. Production will remain suspended until the source of the problem is identified and corrected. Each time , production is suspended, corrective actions shall be proposed in writing by the Contractor and approved in writing by the Engineer before production may resume. Upon resuming production, the process control sampling and testing frequency for the elements causing the condition red shall remain at 1/250 tons. If the QL for the next five process control tests is below 65, production will be suspended again. If gradation is the element with MQL less than 65, the Department will test one randomly selected sample in the first 1250 tons produced in condition red. If this test result is outside the tolerance limits, production will be suspended. 1 I 1 I I Contractor's ROE (Generic) 08-15-07 Form Approved - AVP Law , CONTRACTOR'S ' RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of ' 20 by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and a ,corporation ("Contractor"). RECITALS: Contractor has been hired by to perform work ' relating to (the "work"), with all or a portion of such work to be performed on property of Railroad in the vicinity of Railroad's Milepost ' on Railroad's [Subdivision] [Branch] [at or near DOT No. located at or near in County, State of as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof. , [which work is the subject of a contract dated between Railroad and 1. Railroad is willing to permit Contractor to perform the work described above at the location described above ' subject to the terms and conditions contained in this Agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ' ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's ' contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2 - RIGHT GRANTED: PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the , property described in the Recitals for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C AND D. ' The terms and conditions contained in Exhibit B, Exhibit C and Exhibit D, attached hereto, are hereby made a part of this Agreement. ' ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR: RAILROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor, ' or any costs or expenses incurred by Railroad relating to this Agreement. Addendum 1 — 7244 Linden Street Streetscape Page 13 of 24 1 i February 3, 2011 REVISION OF SECTION 106 ' CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.12, delete the second paragraph and replace it with the following: The original Certificate of Compliance shall include the Contractor's original signature as directed above. The original signature (including corporate title) on the Certificate of Compliance, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of material. The original shall be provided to the Engineer before payment for the represented item will be made. In subsection 106.13, delete the second paragraph and replace it with the following: The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's original signature as directed above. The signature (including corporate title) on the Certified Test Report, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this ' project. One legible copy or original document of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material. Failure to comply may result in delays to the project or rejection of the materials. 1 I I I I I I REVISION OF SECTION 107 RESPONSIBILITY FOR DAMAGE CLAIMS, INSURANCE TYPES AND COVERAGE LIMITS Section 107 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 107.15(c) and replace it with the following: February 3, 2011 I (c) Each insurance policy shall include provisions preventing cancellation or non -renewal without at least 30 days prior notice to Contractor. The Contractor shall forward to the Engineer any such notice received within seven days of the Contractor's receipt of such notice. I LI I I I I I I I <J I I I I I I 1 February 3, 2011 REVISION OF SECTIONS 107 and 208 WATER QUALITY CONTROL UNDER ONE ACRE OF DISTURBANCE Sections 107, 208, are hereby revised for this project as follows: In subsection 107.25(b)6 delete the second paragraph and replace it with the following: The Contractor shall record the location of potential pollutants on the plans. Descriptions of the potential pollutants shall be submitted to and approved by the Engineer. In subsection 208.03 delete the first paragraph and replace it with the following: Prior to construction the Contractor shall implement BMPs in accordance with the approved project schedule as described in subsection in 208.03(b). In subsection 208.03 delete the third, fourth, and fifth paragraphs and replace them with the following: The Contractor shall evaluate all non-stormwater coming onto the site, such as springs, seeps, and landscape irrigation return flow. If such flow is identified, BMPs shall be used to protect off -site water from becoming contaminated with sediment or other pollutants. The Contractor shall review existing inlets and culverts to determine if inlet protection is needed due to water flow patterns. Prior to beginning construction, inlets and culverts needing protection shall be protected and the location of the implemented BMP added to the plans. When additional BMPs are required and approved by the Engineer, the Contractor shall implement the additional BMPs and shall record and describe them on the plans. The approved BMPs will be measured and paid for in accordance with subsections 208.11 and 208.12. Delete subsections 208.03(c) and (d) and replace them with the following: (c) Implementation, Maintenance and Revision of the SWMP. The Contractor's responsibilities shall be as follows: (1) Install, construct, and maintain all BMPs specified in the Contract and coordinate the construction of BMPs with all other construction operations. (2) Implement suitable temporary erosion and sediment control features as necessary to correct unforeseen conditions or emergency situations. Dismantle those features when their purpose has been fulfilled unless the Engineer directs that the features be left in place. (3) Implement necessary actions to reduce anticipated or presently existing water quality or erosion problems resulting from construction activities. (4) Make available, all labor, material, and equipment needed to install, maintain, and remove BMPs. (5) When included in the Contract, the Contractor shall assign to the project an individual to serve in the capacity of Erosion Control Supervisor (ECS). The ECS may be the Superintendent. The ECS shall be experienced in all aspects of construction and have satisfactorily completed an ECS training program authorized by the Department. Proof that this requirement has been met shall be submitted to the Engineer prior to or at the preconstruction conference. A list of authorized ECS training programs will be provided by the Engineer upon request by the Contractor. The ECS shall be the person responsible for ensuring that the responsibilities listed in (1) through (4) above are fulfilled (d) Documentation Available on the Project. The following Contract documents and references will be made available for reference in one location on the project during construction. 1. Project Documents. The following documents shall be kept, maintained, and updated in a single notebook: (1) SWMP Sheets (2) SWMP site map, if applicable to the project. (3) Details of BMPs used on the project not covered in Standard Plan M-208-1. (4) List of potential pollutants as described in subsection 107.25. (5) SPCC and reports of reportable spills submitted to CDPHE. (6) Form 105s and all other correspondence relating to water quality. (7) Project environmental permits and associated applications and certifications. i REVISION OF SECTIONS 107 and 208 WATER QUALITY CONTROL UNDER ONE ACRE OF DISTURBANCE 2. Reference Materials (1) CDOT Erosion Control and Stormwater Quality Guide. (2) CDOT Erosion Control and Storm water Quality Field Guide. (3) Copy of biological opinion, if applicable. February 3, 2011 ' In subsection 208.04 delete the first and second paragraphs and replace them with the following: The Contractor shall modify the SWMP to clearly describe and locate all BMPs implemented at the site to control potential sediment discharges from vehicle tracking. Vehicle tracking pads shall be used at all vehicle and equipment access points to the site to prevent sediment exiting the project site onto paved public roads. Access shall be provided only at locations approved by the Engineer. Delete subsection 208.04(e) and replace it with the following: (e) Stabilization. Once earthwork has begun on a section, it shall be pursued until completion. Clearing and grubbing operations shall be scheduled and performed so that grading operations and final stabilization measures can follow immediately thereafter if the project conditions permit. Otherwise temporary stabilization measures shall be taken between successive construction stages. Additional work required because the Contractor has failed to properly coordinate the entire erosion control schedule, thus causing previously seeded areas to be disturbed by operations that could have been performed prior to the seeding shall be performed at the Contractor's expense. In subsection 208.06 delete the first paragraph and replace it with the following: The Contractor shall clearly describe and record on the SWMP, all practices implemented at the site to minimize impacts from procedures or significant material that could contribute pollutants to runoff. Areas or procedures where potential spills can occur shall have spill contingency plans in place as specified in subsections 107.25(b)6 or 208.06(c). In subsection 208.07 delete the second paragraph and replace it with the following Erodible stockpiles (including topsoil) shall be contained with acceptable BMPs at the toe (or within 20 feet of the toe) throughout construction. BMPs shall be approved by the Engineer. In subsection 208.08, delete the first paragraph and replace it with the following: The Contractor shall limit construction activities to those areas within the limits of disturbance shown on the plans and cross -sections. Construction activities, in addition to the Contract work, shall include the on -site parking of vehicles or equipment, on -site staging, on -site batch plants, haul roads or work access, and all other action which would disturb existing conditions. Off road staging areas must be pre -approved by the Engineer, unless otherwise designated in the Contract. Construction activities beyond the limits of disturbance due to Contractor negligence shall be restored to the original condition by the Contractor at the Contractor's expense. The Contractor shall tabulate additional disturbances not identified in the SWMP and indicate locations and quantities on the SWMP and report to the Engineer. In subsection 208.09, second paragraph, delete the list and replace it with the following: (1) Failure to include erosion control in the project schedule or failure to include erosion control in each schedule update as specified in subsection 208.03(b). (2) Failure of the Contractor to implement necessary actions required by the Engineer as required by subsection 208.03(c). (3) Failure to amend SWMP and implement BMPs as required by subsection 208.04. (4) Failure to keep documentation and records current. (5) Failure to construct or implement erosion control or spill containment measures required by the Contract, or failure to construct or implement them in accordance with the Contractor's approved schedule as required by subsection 208.06(c). I 1 I I I I I 1 1� I 1 I February 3, 2011 REVISION OF SECTIONS 107 and 208 WATER QUALITY CONTROL UNDER ONE ACRE OF DISTURBANCE (6) Failure to stabilize disturbed areas as required by subsections 208.04(e) and 208.08. (7) Failure to replace or perform maintenance on an erosion control feature after notice from the Engineer to replace or perform maintenance as required by subsection 208.04(0. (8) Failure to remove and dispose of sediment from BMPs as required. (9) Failure to install and properly utilize a concrete washout structure for containing washout from concrete placement operations. (10) Failure to perform permanent stabilization as required by subsection 208.04 (e). In subsection 208.09 delete the third paragraph and replace it with the following: ' The Engineer will immediately notify the Contractor in writing of each incident of failure to perform erosion control in accordance with the Specifications, including, but not limited to items (1) through (10) above. Correction shall be made as soon as possible but no later than 48 hrs from the date of notification to correct the failure. The Contractor will be charged liquidated damages in the amount of $875 for each calendar day after the 48 hour period has expired, that one or more of the incidents of failure to perform items (1) through (10) above, remains uncorrected. In subsection 208.09 delete the eighth and ninth paragraphs and replace them with the following: Disagreements regarding the suggested corrective action for a BMP compliance issue between the Project Engineer and Superintendent, shall be discussed with the Resident Engineer and Region Water Pollution Control Manager. If after meeting the Contractor is still in disagreement and feels that additional compensation is owed, ' the Contractor will follow the decision of the Project Engineer, keep track of the costs and negotiate further with the Project Engineer. If after pursuing the issue, the Contractor is unable to reach agreement with the Project Engineer, then the Contractor can follow the dispute process outlined in subsection 105.21. ' If the Contractor's corrective action plan and schedule are not submitted and approved within 48 hours of the Stop Work Order or the corrective action plan is not implemented by the Contractor, the Engineer will have an on -site meeting with the Superintendent and the Superintendent's supervisor. This meeting will also be attended by the Resident Engineer, the Region Water Pollution Control Manager, and the Region Program Engineer. This meeting will identify and document needed corrective actions and a schedule for completion. If after the meeting, the unacceptable work is not remedied within the schedule as agreed to in the meeting, the Engineer will take action to effect compliance with the Contract by utilizing CDOT Maintenance personnel or other non -Contractor ' forces and deduct the cost from any moneys due or to become due to the Contractor pursuant to subsection 105.16. Delays due to these Stop Work Orders shall be considered nonexcusable. The Stop work Order shall be in place until the project is in Contract compliance. Delete subsection 208.10 and replace it with the following: 208.10 Items to Be Accomplished Prior to Final Acceptance. (a) Reclamation of Washout Areas. After concrete operations are complete, washout areas shall be reclaimed in accordance with subsection 208.05(n) at the Contractor's expense. (b) Survey. The Contractor shall survey Permanent Water Quality BMPs (Permanent BMPs) on the project after they are constructed and confirm they are at final configuration and grade. The Engineer will identify which Permanent BMPs shall be surveyed prior to the final walk through. The survey shall be performed in accordance with Section 625. (c) Removal of Temporary BMPs. Temporary BMPs subject to removal shall be determined by the Engineer at a final walk through of the project and shall be removed by the Contractor. If any BMPs are left in place, the Region's Water Pollution Control Manager shall be notified of the BMP locations. I I February 3, 2011 ' REVISION OF SECTION 109 ASPHALT CEMENT COST ADJUSTMENT (ASPHALT CEMENT INCLUDED IN THE WORK) Section 109 of the Standard Specifications is hereby revised for this project as follows: Subsection 109.06 shall include the following: (i) Asphalt Cement Cost Adjustments. Contract cost adjustments will be made to reflect increases or decreases in the monthly average price of asphalt cement from the average price for the month preceding the month in which bids were received for the Contract. These cost adjustments are not a change to the contract unit prices bid. Cost adjustments will be based on the asphalt cement price index established by the Department and calculated as shown in subsection 109.06(i) 2.D below. The index will be the average for the month of the daily postings of the spot price per barrel of Western Canadian Select (WCS) as published on http://www.cenovus.com/operations/doing-business-with-us/marketing/crude-oil-pricing.htm1. The index from this source will be converted to US Dollars using the currency converter at http://finance.yahoo.com/currency; the posted price of Canadian Dollars per cubic meter of WCS on Cenovus.com will be converted to US Dollars per cubic meter. A conversion factor of 0.89 cubic meter per Ton will be used to convert the posted price from cubic meter to tons. The converted daily prices and the average index number for the month will be posted as soon as they are available on the CDOT website at: htti)://www.dot.state.co.us/DesignSupport/Construction/Fuel%20Cost%20Adiustments/Cenovus/Daily Pri ces/Daily Asphalt Cement Cost Adjustment Index.htm 2. Cost adjustments will be made on a monthly basis subject to the following conditions: A. Adjustment will be based on the pay quantities on the monthly partial pay estimate for the following two pay items when measured by the ton and asphalt cement is included in the pay items: Item No. Item Pay Unit 403' Hot Mix Asphalt(Grading (Asphalt) Ton 403 Stone Matrix Asphalt (Grading -J (Asphalt) Ton 'Hot Mix Asphalt (Patching) is not subject to fuel cost ad ustment. B. A cost adjustment will be made only when the asphalt cement price index varies by more than 5 percent from the asphalt cement price index at the time of bid, and only for that portion of the variance in excess of 5 percent. Cost adjustments may be either positive or negative dollar amounts. C. Asphalt cement cost adjustments will not be made for any partial estimate falling wholly after the expiration of contract time. D. Adjustment formula: EP greater than BP: ACCA = (EP - 1.05 BP)(PA) (Q) EP less than BP: ACCA = (EP - 0.95 BP) (PA) (Q) Where: BP = Average Asphalt Cement price index for the calendar month prior to the calendar month in which bids are opened L 1 I I I I I I 1 I I February 3, 2011 REVISION OF SECTION 109 ASPHALT CEMENT COST ADJUSTMENT (ASPHALT CEMENT INCLUDED IN THE WORK) EP = Average Asphalt Cement price index for the calendar month prior to the calendar month in which the partial estimate pay period ends ACCA = Asphalt Cement Cost Adjustment PA = Percent of the paving mixture that is asphalt cement. Asphalt Cement content will be determined by the weighted average of all asphalt cement content percentages obtained from the field acceptance tests for that item (Use decimal in formula, e.g.: 0.05.). If Reclaimed Asphalt Pavement (RAP) is used the percent of Virgin Asphalt Cement added to the mix will be determined by subtracting the percent of asphalt cement in the Reclaimed Asphalt Pavement (RAP) from the percent of asphalt cement in the mix as calculated from Revision of Section 401 Reclaimed Asphalt Pavement. Q = Increased pay quantity for all 403 items shown above on the monthly partial pay Example: Bids are opened on July 16. The BP will be the average of the daily postings for June 1 through June 30. For an estimate cut-off date selected by the Contractor at the Pre - Construction Conference of the 20`h of the month a February estimate will include HMA quantities measured from the 21" of January through the 201h of February, and the EP index used to calculate ACCA will be the average of the daily postings for January 1 through January 31 as established by CDOT) ' E. Cost adjustment will not be made for the quantity of any item that is left in place at no pay or for material removed and replaced at the Contractor's expense. F. Cost adjustments will not be made to items of work added to the Contract by Change Order after the award of the Contract. G. The asphalt cement cost adjustment will be the sum of the individual adjustments for each of the pay items shown above. No adjustment will be made for asphalt cement costs on items other than ' those shown above. H. Asphalt cement cost adjustments resulting in an increased payment to the Contractor will be paid ' for under the planned force account item: Asphalt Cement Cost Adjustment. Asphalt cement cost adjustments resulting in a decreased payment to the Contractor will be deducted from monies owed the Contractor. I I I i February 3, 2011 I REVISION OF SECTION 109 FUEL COST ADJUSTMENT Section 109 of the Standard Specifications is hereby revised for this project as follows: Subsection 109.06 shall include the following: (h) Fuel Cost Adjustments. Contract cost adjustments will be made to reflect increases or decreases in the monthly average prices of gasoline, diesel and other fuels from the average price for the month preceding the month in which bids were received for the Contract. These cost adjustments are not changes to the Contract unit prices bid. When bidding, the Contractor shall specify on the Form 85 whether the cost adjustment will apply to the Contract. After bids are submitted, the Contractor will not be given any other opportunity to accept or reject this adjustment. If the Contractor fails to indicate a choice on the Form 85, the cost adjustment will not apply to the Contract. If the fuel cost adjustment is accepted by the Contractor, the adjustment will be made in accordance with the following criteria: 1. Cost adjustments will be based on the fuel price index established by the Department and calculated as shown in subsection 109.06(h)2.D below. The index will be the monthly average of the rates posted by the Oil Price Information Service (OPTS) for Denver No. 2 Diesel. The rate used will be the OPTS Average taken from the OPIS Standard Rack table for Ultra -Low Sulfur w/Lubricity Gross Prices (ULS column), expressed in dollars per gallon and rounded to two decimal places. 2. Cost adjustments will be made on a monthly basis subject to the following conditions: A. Adjustment will be based on the pay quantities on the monthly partial pay estimate for each of the pay items listed in the table below for which fuel factors have been established. Adjustment will be made only when the pay item is measured by the pay unit specified in the table: Item Pay Unit Fuel Factor (FF) 202-Removal of Asphalt Mat (Planing) Square Yard 0.006 Gal/SY/Inch depth 203-Excavation (muck, unclassified) Embankment, Borrow Cubic Yard 0.29 Gal/CY 203-Rock Excavation Cubic Yard 0.39 Gal/CY 206-Structure Excavation and Backfill [applies only to quantities paid for by separate bid item; no adjustment will be made for pay items that include structure excavation & backfill, such as RCP(CIP)] Cubic Yard 0.29 Gal/CY 304-Aggregate Base Course (Classes Cubic Yard 0.85 Gal/CY 304-Aggregate Base Course (Classes Ton 0.47 Gal./Ton 307-Processing Lime Treated Subgrade Square Yard 0.12 Gal/SY 310-Full Depth Reclamation Square Yard 0.06 Gal/SY 403-Hot Mix Asphalt (HMA) (Grading_ ' 403-Stone Matrix Asphalt (Grading Ton 2.47 Gal/Ton Ton 2.47 Gal/Ton 405-Heating and Scarifying Treatment Square Yard 0.44 Gal/SY 405-Heating and Repaving Treatment Square Yard 0.44 Gal/SY 405-Heating and Remixing Treatment Square Yard 0.44 Gal/SY 406-Cold Bituminous Pavement (Recycle) Square Yard 0.01 Gal/SY/Inch depth 412- Concrete Pavement (_Inch) 0.03 Gal/SY/Inch thickness 412-Place Concrete Pavement" S uare Yard 0.03 Gal/SY/Inch thickness 'Hot Mix Asphalt (Patching) is not subject to fuel cost adjustment. "Use the thickness shown on the plans. I J I J .1 I I I I I FI LJ I I I tJ 'L I 11 1 I 11 S I e t February 3, 2011 REVISION OF SECTION 109 FUEL COST ADJUSTMENT B. A fuel cost adjustment will be made only when the current fuel price index varies by more than 5 percent from the price index at the time of bid, and only for that portion of the variance in excess of 5 percent. Fuel cost adjustments may be either positive or negative dollar amounts. C. Fuel cost adjustments will not be made for any partial estimate falling wholly after the expiration of contract time. D. Adjustment formula: EP greater than BP: FA = (EP — 1.05 BP)(Q)(FF) EP less than BP: FA = (EP — 0.95 BP)(Q)(FF) Where: EP = Average fuel price index for the calendar month prior to the calendar month in which the partial estimate oav period ends FF = Fuel usage factor for the pay item Q�= Pay quantity for the pay item on the monthly pay estimate Note: When the pay item is based on area, and the rate of fuel use varies with thickness, Q should be determined by multiplying the area by the thickness. For example: for 1000 square yards of 8-inch concrete pavement Q should be 8000. Example: Bids are opened on July 16. The BP will be the average of the daily postings for June 1 through June 30. For an estimate cut-off date selected by the Contractor at the Pre - Construction Conference of the 20`h of the month a February estimate will include HMA quantities (Q) measured from the 21s` of January through the 20`h of February, the FF will be 2.47 GaVTOn, and the EP index used to calculate FA will be the average of the daily postings for January 1 through January 31 as established by CDOT. E. Fuel cost adjustment will not be made for the quantity of any item that is left in place at no pay. F. Fuel cost adjustments will not be made to items of work added to the Contract by Change Order after the award of the Contract. The fuel cost adjustment will be the sum of the individual adjustments for each of the pay items shown. No adjustment will be made for fuel costs on items other than those shown. The factors shown are aggregate adjustments for all types of fuels used, including but not limited to gasoline, diesel, propane, and burner fuel. No additional adjustments will be made for any other,type of fuel. Fuel cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned force account item: Fuel Cost Adjustment. Fuel cost adjustments resulting in a decreased payment to the Contractor will be deducted from monies owed the Contractor. I 1 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the 17`h paragraph and replace it with the following: February 3, 2011 1 Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the Engineer, in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the project: (1) identification mark (2) vehicle length (3) tare weight (4) number of axles (5) the distance between extreme axles (6) information related to legal weight, including the Permit No. and permitted weight of each vehicle for which the State has issued an overweight permit. This information shall be furnished prior to time of delivery of the material and at any subsequent time the Contractor changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles 11 I I Contractor's ROE (Generic) 07-09-07 Form Approved - AVP Law B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"): C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work, or by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - TERM: TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and continue until , unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. ' B. This Agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 6 - CERTIFICATE OF INSURANCE. A. Before commencing any work, Contractor will provide Railroad with the (i) insurance binders, policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit B of this Agreement. B. All insurance correspondence, binders, policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company ' (Insert mailing address] AttFold er Folder No. ARTICLE 7 - DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 8 - ADMINISTRATIVE FEE. Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad Dollars ($ ) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this Agreement. Addendum 1 — 7244 Linden Street Streetscape Page 14 of 24 I I n U REVISION OF SECTION 401 COMPACTION OF HOT MIX ASPHALT February 3, 2011 ' Section 401 of the Standard Specifications is hereby revised for this project as follows: ' In subsection 401.17, delete the third paragraph and replace with the following: SMA shall be compacted to a density of 93 to 97 percent of the daily theoretical maximum specific gravity, determined according to CID 51. All other HMA shall be compacted to a density of 92 to 96 percent of the daily theoretical maximum specific gravity, determined according to CID 51. If more than one theoretical maximum specific gravity test is taken in a day, the average of the theoretical maximum specific gravity results will be used to determine the percent compaction. Field density determinations will be made in accordance with CP 44 or 81. I 1 1 1 1 'REVISION OF SECTION 401 February 3, 2011 COMPACTION PAVEMENT TEST SECTION (CTS) Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.17, delete the fifteenth paragraph and replace with the following: Two sets of random cores shall be taken within the last 200 tons of the CTS. Each set shall consist of a minimum ' of seven random cores. The Engineer will determine the coring locations using a stratified random sampling process. The locations of these cores will be such that one set can serve as a duplicate of the other. One set of these cores shall be immediately submitted to the Engineer. This set will be used for determining acceptance of , the CTS and determining density correction factors for nuclear density equipment. Densities of the random samples will be determined by cores according to CP 44. Density correction factors for nuclear density equipment will be determined according to CP 81. Coring shall be performed under CDOT observation. Coring will not be measured and paid for separately but shall be included in the work. For SMA, a CTS is not used. The , Contractor shall follow the requirements for the demonstration control strip in accordance with the Revision of Section 403, Stone Matrix Asphalt Pavement. I 1 1 1 I 1 I 1 REVISION OF SECTION 401 TEMPERATURE SEGREGATION 1 Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.16 delete the twelfth (last) paragraph and replace it with the following: February 3, 2011 1 The Engineer may evaluate the HMA for low density due to temperature segregation any time industry best practices, as detailed on Form 1346, are not being followed or the Engineer suspects temperature segregation is occurring. The Engineer will first meet with the Contractor to discuss the paving practices that are triggering the temperature investigation. Areas across the mat, excluding the outside 1 foot of both edges of the mat, that are more than 25 OF cooler than other material across the width may be marked for density testing. Material for temperature comparison will be evaluated in 3-foot intervals behind the paver across the width of the mat. The material shall be marked and tested in accordance with CP 58. If four or more areas within a lot of 500 tons have 1 densities of less than 93 percent of the material's maximum specific gravity for SMA mixes or less than 92 percent of the material's maximum specific gravity for all other HMA mixes, a 5 percent price disincentive will be applied to the 500 ton lot. The 500 ton count begins when the Engineer starts looking for cold areas, not when the first cold area is detected. This price disincentive will be in addition to those described in Sections 105 and 106. Only one 1 area per delivered truck will be counted toward the number of low density areas. Temperature segregation checks will be performed only in areas where continuous paving is possible. 1 1 1 1 1 1 1 1 1 1 1 February 3, 2011 ' REVISION OF SECTION 601 CONCRETE BATCHING Section 601 of the Standard Specifications is hereby revised for this project as follows: In subsection 601.06, delete (13) and (17) and replace with the following: ' (13) Gallons of water added by truck operator, the time the water was added and the quantity of concrete in the ' truck each time water is added. (17) Water to cementitious material ratio. 1 I 1 I I 1 I 0 0 0 D U 0 February 3, 2011 REVISION OF SECTIONS 601 CONCRETE FINISHING Section 601 of the Standard Specifications are hereby revised for this project as follows: In subsection 601.12 (a) delete the fifth paragraph and replace it with the following: Water shall not be added to the surface of the concrete to assist in finishing operations. Hand finishing should be minimized wherever possible. The hand finishing methods shall be addressed in the Quality Control Plan for concrete finishing. Hand finished concrete shall be struck off and screeded with a portable screed that is at least 2 feet longer than the maximum width of the surface to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in -place for more than 30 minutes or when initial set has begun. Finishing tools made of aluminum shall not be used. The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in accordance with current Industry standards. It shall identify the Contractor's method for ensuring that the provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference. Concrete placement shall not begin until the Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality finished concrete including but not limited to: a (1) Timing of hand finishing operations (2) Methodology to place and transport concrete (3) Equipment and tools to be utilized (4) Qualifications and training of finishers and supervisors D When the Engineer determines that any element of the approved QCP is not being implemented or that hand finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to address improperly placed material and how to remedy future hand finishing failures and bring the work into compliance awith the QCP. The Engineer will review the plan for acceptability prior to authorizing the resumption of operations. In subsection 601.14(a) delete the fourth paragraph. a I I I I I I I February 3, 2011 REVISION OF SECTION 630 ' CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: ' Subsection 630.10 shall include the following after the first paragraph: The Contractor's Superintendent and all others serving in a similar supervisory capacity shall have completed a ' CDOT-approved two-day Traffic Control Supervisor training as offered by the CCA. The one -day ATSSA Traffic Control Technician (TCT) training along with the two-day ATSSA Traffic Control Supervisor training will serve as an alternate. If the alternate is chosen, the Contractor shall provide written evidence that at least an 80 percent ' score was achieved in both of the two training classes. The certifications of completion or certifications of achievement for all appropriate staff shall be submitted to the Engineer at the preconstruction conference. 11 I February 3, 2011 REVISION OF SECTION 630 RETROREFLECTIVE SIGN SHEETING (WITH TYPE VI SHEETING) Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.02, delete the sixth and seventh paragraphs, including Table 630-1, and replace them with the following: Retroreflective sheeting for all signs requiring an orange background shall be Type VI or Type Fluorescent. Retroreflective sheeting for all signs requiring a yellow background shall Type Fluorescent. Table 630-1 RETROREFLECTIVE SHEETING TYPES Type VI l Sheeting Type IV♦ (Rofl-up signmaterial) Type Fluorescent Application Work Zone Work Zone Work Zone All Orange Construction Signs X Orange Construction Signs that are used only during daytime X4 X hours for short tern or mobile Barricades (Temporary) X Vertical Panels X Fla ersStop/Slow Paddle X. X Drums X Non -orange Fixed; Support signs X with prefix "W" Special Warning Signs X STOP sign (RI-1)" YIELD sign (RI-2) WRONG WAY sign (R5-1a) X' DO NOT ENTER sign IRS-1) EXIT sign (E5-1a) DETOUR sign (M4-9) or (M4-10) X All other fixed support si ns X X All other signs used only during X X working hours All other signs that are used only during daytime hours for X X5 X short term or mobile operations 1 Fluorescent Sheeting shall be of a brand that is on the CDOT Approved Products List. 2 Drum Sheeting shall be manufactured for flexible devices. 3 Fixed support signs are defined as all signs that must remain in use outside of working hours. They shall be mounted in accordance with Standard Plan S-630-1. 4 RS 24 only. 5 White only. ♦ New signs and devices shall be manufactured with Type IV sheeting. Existing signs and devices manufactured with Type III sheeting may be used on projects advertised prior to January 1, 2014. Signs and devices used on projects advertised on or after January 1, 2014 shall be manufactured with Type IV sheeting. February 3, 2011 ' REVISION OF SECTION 712 WATER FOR MIXING OR CURING CONCRETE Section 712 of the Standard Specifications is hereby revised for this project as follows: , Delete subsection 712.01 and replace it with the following: 712.01 Water. Water used in mixing or curing concrete shall be reasonably clean and free of oil, salt, acid, alkali, , sugar, vegetation, or other substance injurious to the finished product. Concrete mixing water shall meet the requirements of ASTM C1602. The Contractor shall perform and submit tests to the Engineer at the frequencies listed in ASTM C1602. Potable water may be used without testing. Where the source of water is relatively shallow, the intake shall be so enclosed as to exclude silt, mud, grass, and other foreign materials. ' ' February 3, 2011 1 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY A. AFFIRMATIVE ACTION REQUIREMENTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. ' 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: i [J Goals and Timetable for Minoritv Utilization Timetable - Until Further Notice Economic Standard Metropolitan Counties Goal Area Statistical Area (SMSA) Involved 157 2080 Denver -Boulder Adams, Arapahoe, Boulder, Denver, (Denver) Douglas, Gilpin, Jefferson ................... 13.8% 2670 Fort Collins Larimer................................................ 6.9% 3060 Greeley Weld .................................................... 13.1% Non SMSA Counties Cheyenne, Clear Creek, Elbert, Grand, Kit Carson, Logan, Morgan, Park, Phillips, Sedgwick, Summit, Washington & Yuma ............................ 12.8% 158 1720 Colorado Springs El Paso, Teller ..................................... 10.9% (Colo. Spgs. - 6560 Pueblo Pueblo ................................................. 27.5% Pueblo) Non SMSA Counties Alamosa, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Lake, Las Animas, Lincoln, Mineral, Otero, Prowers, Rio Grande, Sa uache........ 19.0% 159 Non SMSA Archuleta, Delta, Dolores, Eagle, (Grand Junction) Garfield, Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Routt, San Juan, San Miguel 10.2% 156 (Cheyenne - Non SMSA Jackson County, Colorado .................. 7.5% Casper WY) GOALS AND TIMETABLES FOR FEMALE UTILIZATION UntilFurther Notice.....................................................................................:................................6.9% -- Statewide February 3, 2011 ' 2 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally ' assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to ' the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause specific affirmative action obligations required by ' the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for the geographical area where the contract resulting form this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the ' contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4. ' Compliance with the goals will be measured against the total work hours performed. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess ' of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and performed. 4. As used in this specification, and in the contract resulting from this solicitation, the "covered area" ' is the county or counties shown on the Invitation for Bids and on the plans. In cases where the work is in two or more counties covered by differing percentage goals, the highest percentage will govern. Contractor's ROE (Generic) 07-09-07 Form Approved - AVP Law ARTICLE 9 - CROSSINGS. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. ARTICLE 10.- EXPLOSIVES. Explosives or other highly flammable substances shall not be stored on Railroad's property without the prior written approval of Railroad. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: (Name of Contractor) By: Title: Addendum 1 — 7244 Linden Street Streetscape Page 15 of 24 February 3, 2011 3 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; ' b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority' includes; (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other ' Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with ' that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in ' each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractor toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. ' 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. ' Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance Programs Office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 4 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY February 3, 2011 , 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off - the -street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when he Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc., by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the Contractor's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. I 11 1 1 February 3, 2011 5 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g. Review, at least annually, the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or otheremployment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at anyjob site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and Contractor's activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation. February 3, 2011 6 , AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of ' their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor - union contractor -community, or other similar group of which the Contractor is a member and participant,. may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group ' has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The , obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. ' 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a , substantially disparate manner (for example, even thought the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government ' contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the ' Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry , out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13 The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. , 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee ' the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained ' in an easily understandable and retrievable form, however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish ' different standards of compliance or upon application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). ' ' February 3, 2011 7 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY ' C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES. 1. General. ' a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 11375 are ' set forth in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal -Aid highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this ' contract and supplement the equal employment opportunity requirements set forth in the Required Contract provisions. b. The Contractor will work with the State highway agencies and the Federal Government in carrying out ' equal employment opportunity obligations and in their review of his/her activities under the contract. c. The Contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway Program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The Contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the following ' statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program; ' It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including ' apprenticeship, preapprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State highway ' agency contracting officers and equal employment opportunity officer (herein after referred to as the EEO Officer) who will have the responsibility for an must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge ' employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum; (1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of ' work and then not less often than once every six months, at which time the Contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. Ir-, Ll February 3, 2011 8 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the Contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the Contractor. (3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or appropriate company official in the Contractor's procedures for locating and hiring minority group employees. b. In order to make the Contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the Contractor will take the following actions: (1) Notices and posters setting forth the Contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2) The Contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the Contractor will include in all advertisements for employees the notation; "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the Contractor will, through his EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the Contractor for employment consideration. In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the Contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the Contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The Contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. 6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed; a. The Contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. I w 1 February 3, 2011 9 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY b. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor will inform every complainant of all of his avenues of appeal. 7. Training and Promotion. a. The Contractor will assist in locating,. qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the Contractor's work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on- the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. ' c. The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. ' d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. ' 8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women with the unions, and to effect referrals by such unions of minority and female employees. Actions by the Contractor either directly or thorough a contractor's association acting as agent will include the procedures set forth below: a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. ' b. The Contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. ' c. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so ' certify to the State highway department and shall set forth what efforts have been made to obtain such information. L February 3, 2011 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within he time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion , sex or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such Contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority -owned construction firms from State highway agency personnel. b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The Contractor will keep such records as are necessary to determine compliance with the Contractor's equal employment opportunity obligations. The records kept by the Contractor will be designed to indicate: (1) The number of minority and nonminority group members and women employed in each work classification on the project. (2) The Progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force). (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The Contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR 1391. F 11 February 3, 2011 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (a) Definitions and Procedures For this project, the following terms are defined: 1. Disadvantaged Business Enterprise (DBE). A small business concern that is certified as being: A. At least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and B. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. C. Socially and economically disadvantaged individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is: (1) Any individual whom the Colorado Department of Transportation Office of Certification or the City and County of Denver Division of Small Business Opportunity (DSBO) finds to be a socially and economically disadvantaged individual. ' (2) Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged: a. "Black Americans," which includes persons having origins in any of the Black racial groups of Africa; b. "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of ' race; c. "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or ' Native Hawaiians; d. "Asian -Pacific Americans," which includes persons whose origins are from Japan, China, ' Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; ' e. "Subcontinent Asian Americans," which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; f. 'Women", which means females of any ethnicity; g. "Other," which means any additional groups whose members are designated as socially and economically disadvantaged by the Small Business Administration (SBA), at such time as the ' SBA designation becomes effective and/or individuals who have been determined to be socially and economically disadvantaged based on the criteria for social and economic disadvantage. ' 2. Underutilized DBE (UDBE). A firm which meets the definition of DBE above and is eligible to meet the contract goal as defined in the project special provision titled "Contract Goal." 1 D February 3, 2011 2 D DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS ' 3. DBE Joint Venture. Joint venture means an association of a DBE firm and one or more other firms to carry out a single, for -profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and ' profits of thejoint venture are commensurate with its ownership interest. A DBE joint venture must be certified as a joint venture by the Business Programs Office at CDOT. ' A. For those projects set -aside for bidding by UDBEs only; all of the partners in a joint venture must be UDBEs and certification of the joint venture will not be required. B. For all projects other than the set -aside projects discussed in A. above; one of the partners in a joint venture must be a DBE. The DBE percentage of the joint venture will be determined at the time of certification. 4. Contract Goal. The goal for UDBE participation that the Department determines should appropriately be met by the successful bidder. Contract goal will be the percentage stated in the invitation for bids and in the project special provisions. Successful bidders that are awarded a Contract based on good faith efforts shall continue to make good faith efforts through the period of time that work on the project is in , process, to provide for additional UDBE participation toward meeting the goal. 5. Good Faith Efforts. It is the obligation of the bidder to make good faith efforts to meet the contract goal ' prior to the bid opening. The bidder can demonstrate that it has done so either by meeting the contract goal or by documenting good faith efforts made. CDOT will evaluate only the good faith efforts made by the bidder prior to the bid opening. Any UDBE Participation submitted on Form 715 that exceeds the ' participation submitted on Form 714 will be accepted as additional UDBE participation, but will not be counted as Good Faith Efforts and will not exempt a bidder from fulfilling the Good Faith Efforts requirements. The apparently successful bidder shall report all efforts made including but not limited to the efforts required on Form 718. The efforts employed by the bidder should be those that one could , reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain UDBE participation sufficient to meet the DBE contract goal. The bidder may submit information on its UDBE successes in the preparation of this bid and its ' successes on CDOT projects during the three preceding calendar years. These successes shall be documented in Section IV of the Form 718. Other factors the bidder considers relevant to its past performance in meeting CDOT UDBE contract goals shall also be documented in Section IV of the Form 718. In determining whether a bidder has made good faith efforts, CDOT will consider the performance of the apparently successful bidder in meeting UDBE contract goals over the preceding three calendar years. This will include performance at the time of Contract bid and at the time of Contract close. CDOT will use , this information to help assess the bidder's ongoing level of commitment in performing good faith efforts to meet project goals. CDOT will also take into account the performance of other bidders in meeting the contract goal. For example, when the apparently successful bidder fails to meet the contract goal, but others meet it, CDOT will reasonably raise the question of whether, with additional reasonable efforts, the ' apparently successful bidder could have met the goal. The greater the difference between the contract goal and the apparently successful bidder's DBE commitments on the Form 714, the greater the level of Good Faith Efforts expected by CDOT. If the apparently successful bidder fails to meet the goal, but meets or exceeds the average UDBE participation obtained by other bidders, CDOT will view this, in , conjunction with other factors, as evidence that the apparently successful bidder may have made adequate good faith efforts. 1 D D I I I I I I 1 1 EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its work and at least ten (10) working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such ten (10)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement. B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight -hour day ' for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual ' payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad ' and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. ' C. Reimbursement to Railroad will be required covering the full eight -hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work , even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the ' cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional ten (10) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED ' A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be ' freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. Addendum 1 — 7244 Linden Street Streetscape Page 16 of 24 11 I I February 3, 2011 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS CDOT will accept verifiable comments from persons that have specific information pertaining directly to the efforts made by the bidder to reach the contract goal on this project. CDOT will consider these comments as part of its good faith effort analysis prior to issuing its decision regarding whether good faith efforts were employed by the apparently successful bidder. To be considered during CDOT's good faith effort analysis for the project, such comments must be submitted by letter, fax, or email. Comments must be sufficiently detailed, and must be received by CDOT within seven calendar days after the bid opening. Written comments should be submitted to CDOT based on the contact information listed at http://www.dot.state.co.us/EEO/ContactUs.htm . The Business Programs Office, with the DBE Liaison's Approval, will notify the apparently successful bidder by fax regarding any deficiencies in the documentation and effort demonstrated by the bidder. This fax will include the Business Programs Office's recommendation to the DBE Liaison Officer regarding whether the good faith effort demonstrated was sufficient for the bidder to be regarded as responsible. If the bidder may be regarded as responsible but with minor deficiencies in its good faith effort, the bidder will be expected to correct any deficiencies noted prior to bidding on other CDOT projects. Within five working days of being informed by the Business Programs Office that it is not a responsible bidder because it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration from the Good Faith Efforts (GFE) Committee, which will not have played any role in the original determination that the bidder did not document sufficient good faith efforts. The bidder should make this request to: ' Good Faith Efforts Committee Fax: 303-757-9019 Phone: 303-757-9234 ' As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so. The bidder will also have the opportunity to meet in person with CDOT's GFE Committee to discuss the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so. The Business Programs Office, with the DBE Liaison's Approval, will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts prior to the bid opening to do so. The GFE Review Committee will make a recommendation to the DBE Liaison Officer. The DBE Liaison Officer will review the good faith efforts documentation and the recommendation of the GFE Review Committee, determine whether the required efforts are sufficient for award and notify the Chief Engineer of this finding. The Chief Engineer will make the final decision regarding award. There will be no administrative appeal of the Chief Engineer's decision. The Chief Engineer may pursue award of the Contract to the next lowest responsible bidder based upon this decision. ' If award of the Contract is made based on the Contractor's good faith efforts, the goal will not be waived. The Contractor will be expected to continue to make good faith efforts as described below throughout the duration of the Contract. To demonstrate Good Faith Efforts to meet the contract goal throughout the performance of the Contract, the Contractor shall document to the CDOT Region Civil Rights Professional the steps taken on Form 205. For each subcontract item not identified for DBE participation on Form 718, steps the Contractor must take include but are not limited to the following: A. Seek out and consider UDBEs as potential subcontractors. (1) Contact all UDBEs for each category of work that is being subcontracted. (2) Affirmatively solicit their interest, capability, and price quotations. (3) Provide equal time for all prospective subcontractors to prepare their proposals. (4) Provide at least as much time to UDBEs in assisting them to prepare their bids for subcontract work as to non UDBE subcontractors. (5) Award subcontracts to UDBEs where their quotations are reasonably competitive with other quotations received. C i (c) February 3, 2011 4 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS B. Maintain documentation of UDBEs contacted and their responses. ' (1) Maintain a list of UDBEs contacted as prospective subcontractors. (2) Maintain thorough documentation of criteria used to select each subcontractor. ' (3) Where a UDBE expressed an interest in a subcontract and made a quotation, and where the work was not awarded to a UDBE, furnish a detailed letter explaining the reasons. (b) Certification as a DBE by the Department , 1. Any contractor may apply to the Colorado Department of Transportation Office of Certification or the City and County of Denver Division of Small Business Opportunity (DSBO) for status as a DBE. Application shall be made on the USDOT's Uniform Certification Application Form as provided by these agencies for e certification of DBEs. Application need not be made in connection with a particular bid. Only work contracted to UDBE contractors or subcontracted to UDBEs and independently performed by UDBEs shall be considered toward contract goals as established elsewhere in these specifications. 2. It shall be the Contractor's responsibility to submit applications so that the certifying agency has sufficient time to render decisions. The certifying agency will review applications in a timely manner but is not committed to render decisions about a firm's DBE status within any given period of time. , 3. The Department will publish an online directory of DBE contractors, vendors and suppliers for the purpose of providing a reference source to assist any bidder in identifying DBEs and UDBEs. Bidders will be solely responsible for verifying the Certification of DBEs they intend to use prior to submitting a ' proposal. The directory is updated daily by the certifying agencies and is accessible online at http://www.dot.state.co.us/app_ucp/ . 4. Bidders shall exercise their own judgments in selecting any subcontractor to perform any portion of the ' work. 5. Permission for a DBE/non-DBE joint venture to bid on a specific project may be obtained from the Business Programs Office based on information provided by the proposed joint venture on Form 893, , "Information For Determining DBE Participation When A Joint Venture Includes A DBE". Joint applications should be submitted well in advance of bid openings. Bidding Requirements ' 1. All bidders shall submit with their proposals a fully executed Form 714 including a list of the names of their UDBE subcontractors to meet the contract goal. The apparently successful bidder shall submit a ' fully executed Form 715 for each UDBE used to meet the contract goal (sample attached) no later than 4:00 p.m. on the third work day after the date of bid opening to the Business Programs Office in the Center for Equal Opportunity. Form 715 may be submitted by FAX, at Fax number (303)757-9019, with an original copy to follow. If the contract goal is not met, the apparently successful bidder shall submit a , completed Form 718 and corresponding evidence of good faith efforts no later than 4:00 on the day following the bid opening to the Business Programs Office in the Center for Equal Opportunity. CDOT Form No. 718 may be submitted by FAX, at Fax number (303)757-9019, with an original copy to follow. A copy of Form 718 is incorporated into this specification. ' 2. The award of Contract, if awarded, will be made to the lowest responsible bidder that will meet or exceed the contract goal or, if the goal will not be met, is able to demonstrate that good faith efforts were made to meet the goal. Good faith efforts are explained in (a) of this special provision. ' 3. The use of the UDBE firms named on Form 714 or on a Form 715, for the items of work described, is a condition of award. The replacement of a named UDBE firm will be allowed only as provided for in (e) of , this special provision. Failure to comply will constitute grounds for default and termination of the Contract. rii February 3, 2011 5 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS ' 4. Contractor's DBE Obligation. The prime Contractor bidding on construction projects advertised by the Department agrees to ensure that Disadvantaged Business Enterprises (DBEs), as defined in this special provision, have equal opportunity to participate in the performance of contracts or subcontracts financed in whole or in part with Federal or State funds. The prime Contractor shall not discriminate on the basis of race, color, national origin, or sex in the bidding process or the performance of contracts. To ensure that UDBEs are offered equal opportunity to participate in the performance of contracts, it is the responsibility of the prime Contractor to offer and to provide assistance to UDBEs related to the UDBE performance of the subcontract. However, the UDBE must independently perform a commercially useful function on the project. (d) Counting DBE Participation Toward Contract Goals and CDOT's annual DBE goal 1. Once a firm has been certified as a DBE the total dollar amount of the contract awarded to the firm shall ' be counted toward CDOT's annual DBE goal and the contract goal as explained below, and as modified for the project in the project special provisions titled "Contract Goal." 2. The actual dollar total of a proposed subcontract, supply or service contract with any DBE firm shall be reported to the Department using Form 713. A Form 713 for subcontracts is to be submitted with the Form 205 and receipt will be a condition of approval. The eligibility of a proposed DBE subcontractor will be finally established based on the firm's status at the time of Form 205 approval. A Form 713 for a supply or service contract is to be submitted once a contract has been fully executed so the Department will be able to report the DBE participation in a timely manner. The eligibility of a DBE supplier or service firm will be finally established as of the date the Form 713 is received by the Department. A Form 205 is not required for a supply or service contract. ' If a firm becomes certified as a DBE during performance under a fully executed contract with CDOT but prior to the DBE performing any work, then 100 percent of the work performed by the firm under that contract may be claimed as eligible work. 3. The Contractor may count toward its contract goal the percentage of the total dollar amount of a contract with a Department certified joint venture that equals the percentage of the ownership and control of the UDBE partner in ajoint venture. ' 4. A The Contractor may count toward its contract goal only that percentage of expenditures to UDBEs which independently perform a commercially useful function in the work of a contract. A DBE is considered to be performing a commercially useful function by actually performing, managing, and supervising the work involved. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, work performed solely by the DBE, industry practices, and other relevant factors. B. A DBE may enter into subcontracts consistent with normal industry practices. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE shall be presumed not to be performing a commercially useful function. The DBE may present evidence to rebut this presumption to the Department. 1 5. The Contractor may count toward its contract goal the percentage of expenditures for transportation services obtained from UDBE trucking firms, provided the UDBE controls the trucking operations for which it seeks credit. A UDBE trucking firm must have at least one truck and driver of its own, but it can lease trucks owned by others, both DBEs and non -DBEs, including owner -operators. For work done with ' its own trucks and drivers, and for work done with DBE lessees, the UDBE trucking firm receives credit for all transportation services provided. For work done with non -DBE lessees, the UDBE trucking firm gets credit only for the fees or commissions it receives for arranging the transportation services, because the services themselves are being performed by non -DBEs. I February 3, 2011 6 ' DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 6. The Contractor may count toward its contract goal the percentage of expenditures for materials and , supplies obtained from UDBE suppliers (regular dealers) and manufacturers, provided that the UDBEs assume the actual and contractual responsibility for and actually provide the materials and supplies. A. The Contractor may count 100 percent of its expenditures to a UDBE manufacturer. A DBE A manufacturer is a certified firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Contractor. B. The Contractor may count 60 percent of its expenditures to UDBE suppliers (regular dealers) that are not manufacturers, provided that the DBE supplier performs a commercially useful function in the supply process. A DBE supplier (regular dealer) is a certified firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the Contract are bought, kept in stock, and regularly sold to the public in the usual ' course of business. To be a supplier (regular dealer) the firm must engage in, as its principal business and in its own name, the purchase and sale of the products in question. A supplier in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in , stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or suppliers within the meaning of this section. C. The Contractor may count toward its contract goal the following expenditures to UDBE firms that are , not manufacturers or suppliers (regular dealers): (1) The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. e (2) The fees charged for delivery of materials and supplies required to a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a supplier of the materials and supplies, provided that the fee is determined by the Department to be reasonable and not excessive as compared with fees , customarily allowed for similar services. (3) The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the Contract, provided that the fee or commission is determined by the ' Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. 7. To determine the goals achieved under this Contract the participation as described in (d) of this special 1 provision shall be divided by the original prime Contract amount and multiplied by 100 to determine the percentage of performance. The Contractor shall maintain records of payment that show amounts paid to all DBEs. Upon completion of the project, the Contractor shall submit a Form 17 listing all DBEs that , participated in this Contract, the subcontract tier number of each, and the dollar amount paid to each. This dollar amount shall include payments made by nonDBE subcontractors to DBE subcontractors. The Contractor shall certify the amount paid, which may be audited by the Department. When there is no participation by DBEs, the Contractor shall submit a Form 17 that indicates no participation and gives ' reasons why there was no participation. CDOT will not count the participation of a DBE subcontractor toward the prime contractor 5 UDBE achievements or CDOT's overall DBE goal until the amount being counted toward the goal has been paid to the DBE. (e) Replacement of UDBE Subcontr , actors used to meet the contract goal Based upon a showing of good cause the Contractor may request that a UDBE named on Form 714 or on a ' Form 715 be replaced with another UDBE pursuant to the terms and conditions of this special provision. In the event that the Contractor is able to both document the need and to offer a replacement UDBE who can perform the work at a reasonable cost, the CDOT Region Civil Rights Professional will approve the replacement at no additional cost to the Department. Replacements will be allowed only with prior written approval of the Region Civil Rights Professional. u I I r February 3, 2011 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS If a replacement is to be requested prior to the time that the named UDBE has begun to effectively prosecute the work under a fully executed subcontract, the Contractor shall furnish to the Region Civil Rights Professional the following: A. Written permission of the named UDBE. Written permission may be waived only if such permission cannot be obtained for reasons beyond the control of the Contractor. B. A full written disclosure of the circumstances making it impossible for the Contractor to comply with the condition of award. C. Documentation of the Contractor's assistance to the UDBE named on Form 714 or on Form 715. D. Copies of any pertinent correspondence and documented verbal communications between the Contractor and the named UDBE. E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the ' results of the efforts. It is within the control of the Contractor to locate, prior to award, DBEs that offer reasonable prices and that could reasonably be expected to perform the work. For this reason, increased cost shall not, by itself, be considered sufficient reason for not providing an in -kind ' replacement. 2. In the event a UDBE subcontractor begins to prosecute the work and is unable to satisfactorily complete performance of the work, the Contractor shall furnish to the Region Civil Rights Professional the following: A. Documentation that the subject UDBE subcontractor did not perform in a satisfactory manner. B. Documentation of the Contractor's assistance to the UDBE subcontractor prior to finding the UDBE ' subcontractor in default. C. A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE stating that it cannot complete the work and it is turning the work back to the Contractor. D. Copy of the contract between the Contractor and the UDBE subcontractor, plus any modifications thereto. E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of the efforts. ' In the event the Contractor is able to locate a replacement UDBE who can perform work at a reasonable cost to the Contractor, and also demonstrates to the satisfaction of the Department that prior to bid it had reason to believe that the named UDBE firm was responsible and not expected to default, the Department may modify or renegotiate the Contract to compensate the Contractor for any reasonable ' extra costs, because of a higher price in the proposal of the replacement UDBE subcontractor than that of the original UDBE subcontractor who failed to perform. Provided, however, that the Department will not be obligated to participate in any increased cost to the Contractor if the UDBE that fails to perform has a recent history of performance failure or default that was either known, or should have been known, to the Contractor prior to award. 3. If the Contractor is unable to locate a UDBE replacement that is both interested in and capable of performing the work at a reasonable cost, the Department may waive the requirement that the work be performed by a UDBE and the Contractor shall provide for the satisfactory completion of the work at no additional cost to the Department. I 8 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (f) Sanctions. February 3, 2011 , It is the obligation of the Contractor to provide DBE firms with equal opportunity to participate in the performance of the work. It is the responsibility of DBE firms to perform their work in a responsible manner fully consistent with the intent of the DBE program, and in substantial compliance with the terms and conditions of these DBE definitions and requirements. DBE firms which fail to perform a commercially useful function as described in subsection (d) of these DBE definitions and requirements or operate in a manner which is not consistent with the intent of the DBE program may be subject to revocation of certification. A finding by the Department that the Contractor has failed to comply with the terms and conditions of these DBE definitions and requirements shall constitute sufficient grounds for default and termination of the Contract in accordance with subsection 108.09 of the specifications. Attachments: Form 714 Form 715 Form 718 COLORADO DEPARTMENT OF TRANSPORTATION Project No.: CERTIFICATE OF PROPOSED UNDERUTILIZED DBE (UDBE) Project Code (SA#): PARTICIPATION Location: Form #: of Prime Contractor — Send completed/signed form to the Business Programs Office (instructions on second page). The "Eligible UDBE Amounts' submitted on this form must equal or exceed the commitment(s) documented on the CDOT Form 714 you submitted with your bid. For the complete list of certified DBE/UDBE firms and their DBE work codes go to hftp://www.dot.state.co.usia uc / NOTE: See 49 CFR part 26.55, and the "DBE - Definitions and Requirements' in the Standard Special Provisions, for further information concerning counting DBE participation of truckers, subcontractors, suppliers and service providers toward the project's UDBE goal. PART 1 a — TRUCKING CONTRACT If the UDBE is being used as a trucker for one or more "trucking" DBE work codes (25500, 25505 etc.) then: ACTUAL UDBE AMOUNT = Actual contract amount for the transportation services provided by the UDBE firm and any UDBE lessees. ELIGIBLE UDBE TRUCKING AMOUNT= I (ACTUAL UDBE AMOUNT) — (Any non-UDBE lessee amounts in this contract)* I * For work done on this UDBE contract with non-UDBE lessees, credit toward the project UDBE goal is given only for the broker fees or commissions the UDBE trucker receives for arranging the transportations services, because the services themselves are being performed by non-UDBEs. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE TRUCKING AMOUNT DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR: Complete list is http://www.dot. 1 V-1 of work codes at state. co.us/app_ucp/ .;j,;, PART lb - SUBCONTRACT _4WM Wm' , • ELIGIBLE UDBE SUBCONTRACT AMOUNT = I (Actual UDBE contract amount) (Any,non-UDBE4owertier amounts in this contract)* ems\ CR1� F/ Work that a UDBE subcontracts to a lower tier non-UDBE firm does not count toward protect UDBEI'll,goal. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATES ELIGIBLE UDBE SUBCONTRACT AMOUNT ela ,1 DBE WORK CODE NUMBERS) THIS UDBE IS BEINGAUSED FbR� X Complete list of work codes is at http://www. dot. sta06� gs/app_16 p/ � �2 PART 1c — SUPPLY CONTRACT: Wr'`r V3 V If the supplier is a UDBE with a 4Type afield of,-PM1anufacturer" for the item(s): • ELIGIBLE UDBE SUPr�PLYLAMOUNT, I (Actual UDBE contract amount) X 100% If the supplier is a WDBE wil `Type fiend of "Regular Dealer" for the item(s): • ELIGIBLE UDBE SUPPLY AMOUNT= I (Actual UDBE contract amount) X 60% NOTE: If the supplier is'aDBE with a "Type" field of "Broker' for the item(s) use PART 1d — BROKER / SERVICE CONTRACT. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE SUPPLY AMOUNT $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR: Complete list of work codes is at http://wwwdot. state. co.us✓app_ucp/ PART 1d — BROKER i SERVICE CONTRACT If purchasing materials or supplies through a UDBE with a "Type" field of "Broker", count only the amount of brokerage commission and/or delivery service fees included in the contract. Other examples of services to include in this section are bonding, brokering, consulting, security guards, and insurance etc. ELIGIBLE UDBE SERVICE FEE AMOUNT = Actual compensation retained by the UDBE broker/agent for services rendered* * The amounts that count toward UDBE goals are limited to the compensation retained by the UDBE broker/agent for services rendered, provided the fee/commission is determined by CDOT to be reasonable and not excessive as compared with fees customarily charged for similar services. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE UDBE SERVICE FEE AMOUNT LEILIGIBLE DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR: Complete list of work codes is at http:/Avwwdot state. co.us/app_ucp/ Original — Business Programs Office Previous editions may not be used CDOT Form 715 — Page 1 of 2 1/06 PART 2 - UDBE PARTICIPATION SUMMARY A) What is the total dollar value of this proposed trucking, subcontract, supply, OR broker/service contract that is eligible for counting toward contract goals? A = [ TOTAL FROM "ELIGIBLE" COLUMNS IN PART 1 ] A> $ NOTE: Provide in actual subcontractor dollars and not prime contract prices. B) What is the total dollar value of proposed subcontracts that are eligible for counting towards B> $ contract goals from prior sheets/forms? C) What is the accumulative value of proposed subcontracts that are eligible for counting towards contract goals? C> $ C=[A + B] D) What is the original contract bid total? D> $ E) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs? E> E=[(C + D) X 100] PART 3 - UDBE CONFIRMATION I confirm that my company is participating in this contract as documented in the of this form. Only the value of the work that my company is actually performing UDBE Firm Name: --A �}S,\Vi W-A Wl' Date: UDBE Representative Signature and Title: PART 4 - PRIME CONTRACTOR CERTIFICA-TION I I I in PART 1 I I I certify that: eeP-\ Xl: • my company has met the contracted'111 goals or;has submitted a completed CDOT Form #718. • my company has accepted al prppo'salfrom,t�e UDBE named above. • my company has noUfed�tt proposed:UDBE of the contracted UDBE commitment. • my company has ensured�th�t tfie\pr p sed UDBE has signed PART 3 of this form. • my company s 'se of the proposed UDBE for the items of work listed above is a condition of the contract award. • my company will'invile:tFie proposed UDBE to attend the precwnstruction conference. • m com a`n" will�not use a substitute UDBE for the proposed UDBE's failure to perform under a full executed subcontract, Y P Y}P P P Y unless my company complies with the definitions and requirements section of the DBE Special Provisions. 1 understand that failure to comply with the information shown on this form will be considered grounds for contract termination. I declare under penalty of perjury in the second degree, and any other applicable state or federal laws, that the statements made on this document are true and complete to the best of my knowledge. Prime Contractor Name: Officer Signature and Title: FORM INSTRUCTIONS Prime Contractor: 1. An officer of the contractor(s) must complete this form. 2. Include only DBE firms which meet the underutilized criteria in the contract goal specification for this project (i.e., UDBE firms). 3. Complete only relevant section(s) for PART 1. 4. Ensure that the proposed UDBE has signed PART 3 of this form. 5. Complete ALL sections of PART 2 and PART 4. 6. Submit a separate CDOT Form #715 for EACH proposed UDBE. Oriainal — Business Programs Office Previous editions may not Date: 7. Retain a photocopy for your records. 8. Send original to: Colorado Department of Transportation Business Programs Office 4201 E. Arkansas Ave. Denver, Colorado 80222 FAX: (303) 757-9019 11 11 r r r r Ir r rl� r r r r r r r r r r r� r COLORADO DEPARTMENT OF TRANSPORTATION Project No.: Project Code (SA#): UNDERUTILIZED DBE (UDBE) GOOD FAITH Location: EFFORT DOCUMENTATION Date: No. Of Sheets Attached To Form: The Contractor who is the apparent low bidder on a CDOT construction project, and has failed to meet the Underutilized DBE (UDBE) contract goal, shall use this form to document all good faith efforts that were made prior to bid opening by said Contractor to meet the goal. FAILURE TO FULLY / CLEARLY COMPLETE THIS FORM MAY RESULT IN REJECTION OF THE BID. Each portion of this form is to be addressed in the space provided, or on supplemental sheets that follow the same tabular structure and format outlined below. Attach supporting documentation as required by COOT. This completed form and required attachments are to be submitted to the Business Programs Office in the Center for Equal Opportunity prior to 4:00 p.m. on the day after the day bids are opened. This form may be submitted by FAX (303-757-9019) with an original copy to follow. An extension may be granted by the DBE Liaison. Only the efforts the Contractor made prior to bid opening will count as Good Faith Efforts consistent with the instructions on COOT Form #714. I. Complete the following table to document sufficient bid items identified as subcontract work to be performed by UDBEs to achieve the contract goal. This includes, where appropriate, breaking out contract work items into economically feasibly units to facilitate DBE participation, even when the Contractor might otherwise prefer to perform these work items with its own forces. The total percentage of subcontract items identified for UDBE participation must equal or exceed the percentage UDBE goal set by COOT. DBE Work Code DBE Work Code Closest Matching Actual % Amount gBE DIRECTORY •RK CODES From DBE Directory Description „CIJOT Bid Item # Of. Final, Contract The DBE Directory can be found online at: http://www.dot.state.co.us/app_ucp/ • DBE work codes are 5 digit numbers where the 1st digit corresponds to the overall section the code belongs to • The 1 st 3 digits of a DBE work code identify its category • DBE work codes ending in "00" represent certification for the entire work code category • DBE work codes NOT ending in '00" represent certification in a specific sub -category only UDBE CONTRACT GOAL %: TOTAL CONTRACT %: II. Complete the following table to summarize all outreach efforts made to UDBE firms. For each subcontract item identified, contact by mail, fax, phone and/or email 100% of the Colorado certified UDBEs whose DBE work codes match the type of work being solicited and who are marked as "COOT GFE Eligible" on the DBE Directory. The Contractor shall ensure that initial solicitations allow UDBEs at least 10 calendar days to participate effectively in the bidding process. In order to determine with certainty which UDBEs are interested, the Contractor is also required to take appropriate steps to follow-up initial solicitations (e.g., regional follow-up phone calls etc.). If soliciting by telephone, attach a summary telephone log of calls, including topic of discussion, date, time, name of person contacted, and the response received. If soliciting by mail, fax, and/or email, attach one example copy of the letter, fax, and/or email sent to UDBEs along with a summary log that documents all dates and responses received. Letters, faxes and/or emails must specifically identify the project, the items to be subcontracted, and the bid date. Letters, faxes and/or emails must also provide an address and phone number where specific quantities or details will be available to bidders. DBE Work Code DBE Work Code *Of UDBEs # Of UDBEs %'Of UDBEs, From DBE Directory Description Contacted "Eligible" Contacted DBE DIRECTORY UPDATES Go to http://www.dot.state.co.uslapp_ucpl and use the "Directory Updates" button on the DBE Directory to submit any of the following documented updates on UDBE firms: • Contact information changes (e.g., phone and address etc.) • "COOT GFE Eligibility" status changes (e.g., UDBE firm says they don't want to be contacted via GFE solicitations etc.) Note: In order to verify all updates submitted, CDOT may request additional information from contractors and/or UDBE firms before posting requested changes to the Directory. Original - Business Programs Office THIS FORM IS CONFIDENTIAL - Previous editions may not be used COOT Form 718 - Page 1 of 2 1/06 III. Complete the following table to show all subcontract bids received (non-UDBE and UDBE), bid dollar amounts for each bid item, and the name of the successful bidder. Where bundled subcontract bids were received, break out quotes per bid item number. If the UDBE bids were rejected, give reasons for each case. If the work is to be counted as a potential UDBE subcontract item, the Contractor cannot elect to perform that work itself when a UDBE bid is competitive or only UDBE bids are received. Cost alone may not be adequate justification for failure to use a UDBE bid. When a non-UDBE bid is significantly lower than a UDBE bid, the Contractor may choose to perform the item itself. CDOT will determine whether a subcontractor's bid is "competitive" based on factors such as the percentage and dollar difference between quote(s), and/or the percentage the quote(s) represents of the overall contract. CDOT Bid Item # (Break Out Bundled Quotes) Closest DBE Work Code Bid Item Description Subcontractor Name (Place an next to firm being used) Actual Bid Item Quote Price UDBE Firm? % Difference On Items That UDBE Firms Bid Ll LJ Li Li Li LJ Ll LJ LJ LJ El IV. The efforts required herein are not exhaustive or exclusive. Other factors or types of efforts may be relevant in appropriate cases. In determining whether Good Faith Efforts have been made, the quantity and quality of the efforts made as well as kinds of efforts made may be considered. List any additional efforts to increase UDBE contract participation, such as assisting UDBEs in obtaining bonding/insurance/lines of credit, effectively using the services of community organizations/publications, and/or requesting subcontractors to assist with providing UDBE participation. Report the results of such efforts. Note: Advertising in a publication with low UDBE subscription rates will not be considered as quality efforts by CDOT. THE CONTRACTOR UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE GOALS ESTABLISHED BY CDOT IS REQUIRED THROUGHOUT THE PERFORMANCE OF THE CONTRACT. Company Name: Phone: Fax: Title: Printed Name: Signature: - ,,WriginiWines Rams" M HIS F"S COMNTIAWvious edi ions may not be r& ,*T FoiW - PaW 2 ik - B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made , without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. ' A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. , When not in use, Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. ' B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The ' safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor. Section 4. LIENS. , Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold ' harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at ' Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. ' A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. ' Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all , such protection or relocation (if applicable) has been accomplished. b. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold , Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of Contractor, its agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. ' Addendum 1 —7244 Linden Street Streetscape Page 17 of 24 1 I I 1 I I I 1- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 10-29-10 GENERAL DECISION NUMBERS CO20100014 AND CO20100015, HIGHWAY CONSTRUCTION Decision Nos. CO20100014 and CO20100015 dated March 12, Modifications ID 2010 supersedes Decision Nos. C0020080014 and C0020080015 MOD Number Date Paee Number(s) 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 different for one or more 3 08-06-10 1,5 3 job classifications, the higher minimum wages and fringe benefits 4 10-08-10 1 4 shall apply throughout the project. 5 10-29-10 5 5 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 collectiveiv bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod 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 1202 Electricians (Adams, Arapahoe, Boulder, Broomfield, Denver, 31.60 12.32 4 Douglas, Jefferson, Latimer, and Weld counties) 1203 Electricians (El Paso county) 28.80 13.10 + 3% 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 23.67 9.22 r, Li I 2 , U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 10-29-10 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 Hourly Fringe Benefits Last Rate Mod 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 1322 Single bowl including pups 40 cubic yards and tandem bowls 23.97 9.22 and over 1323 Trackhoe 23.82 9.22 11 J I I I I I 11 1 3- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 10-29-10 GENERAL DECISION NUMBERS CO20100014 AND CO20100015, HIGHWAY CONSTRUCTION I I 1 i r I ,1 General Decision No. CO20100014 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod Laborers: Asphalt Laborer/Raker, Common Laborer, 1400 and Concrete Laborer/Mason Tender 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 pavement 12.62 3.21 markings) 2007 Traffic Director/Flagger 9.55 3.05 2008 Traffic and Sign Laborer (Sets up barricades and cones, 12.43 3.22 and installs permanent signs) PAINTERS 2100 Brush 16.94 2.10 2101 Spray 16.99 2.87 POWER EQUIPMENT OPERATORS: 2200 Backhoes 16.54 4.24 2201 Bobcat/Skid Loader 15.37 4.28 2202 Concrete Pump Operator 16.52 4.30 11 4- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 10-29-10 C:FNFRAi. F)FC lc%TON NITMRFR.4 CC12ninnnl4 ANTI r.n9Olnnnl5 141C14WAV CCINSTRIICT10NJ General Decision No. CO20100014 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS (cont.): Drill Operator: 2203 All except William MF/Watson 2500 16.74 2.66 2204 Forklift 15.91 4.09 2205 Rotomill Operator 16.22 4.41 2206 Post Driver/Punch Machine 16.07 4.41 2207 Tractor 13.13 2.95 2208 Compactor (Dirt and soil only) 16.70 3.30 Groundman (Traffic signalization) 2301 Class C 11.44 3.25 Truck Drivers: 2400 Floats -Semi Truck 14.86 3.08 2401 Multipurpose Truck - Specialty & Hoisting 14.35 3.49 2402 Truck Mechanic 16.91 3.01 2403 Pickup Truck (Includes Pilot and Sign/Barricade Truck) 13.93 3.68 2405 Single Axle Truck 14.24 3.77 2406 Distributor Truck 15.80 5.27 2407 Dump Truck: 2408 14 cubic yards and under 14.93 5.27 2409 15 to 29 cubic yards 15.27 5.27 2410 30 to 79 cubic yards 15.80 5.27 2411 80 cubic yards and over 16.45 5.27 2412 Low Boy Truck 17.25 5.27 2413 Water Truck 14.93 5.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses [29 CFR 5.5 (a) (1) (ii) 1. END OF GENERAL DECISION NUMBER CO20100014. I I I I I I I I 11 I 8 D I I I U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 10-29-10 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, Sedgwick, Summit, Teller, Washington, and Yuma counties. When work within a project is located in two or more counties, and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. CO20100015 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod ELECTRICIANS: (Including traffic signal installation) Electrical work $150,000 or less (Alamosa, Archuleta, Baca, 3200 Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, 22.85 10.79 Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Rio Grande, and Saguache counties) Electrical work over $150,000 (Alamosa, Archuleta, Baca, 3201 Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, 27.00 10.91 Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Rio Grande, and Saguache counties) Electricians (Clear Creek, Eagle, Gilpin, Grand, Jackson, Lake, 3202 Logan, Morgan, Phillips, Sedgwick, Summit, Washington, 31.60 12.32 5 and Yuma counties) 3203 Electricians (Cheyenne, Elbert, Kit Carson, Lincoln, Park, 28.80 13.10+ 3% and Teller counties) Electricians (Dolores, Garfield, Gunnison, Hinsdale, La Plata, 3204 Moffat, Montezuma, Ouray, Pitkin, Rio Blanco, Routt, San Juan, 28.00 9.24 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. 6- , U.S. DEFT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 10-29-10 GENERAL DECISION NUMBERS CO20100014 AND CO20100015, HIGHWAY CONSTRUCTION General Decision No. CO20100015 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS: 3300 Bituminous or Asphalt Spreader/Laydown Machine 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 gutters) 15.92 5.38 3601 All other work 16.30 3.71 3700 Concrete Finishers/Cement Masons 15.55 2.85 3800 Groundman (Traffic signalization) 11.57 3.50 Ironworkers: 3900 Reinforcing 16.94 6.77 3901 Bridge Rail (Excluding guardrail) 16.76 6.01 7 J J 1 I ' 7 U.S. DEFT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 10-29-10 GENERAL DECISION NUMBERS CO20100014 AND CO20100015, HIGHWAY CONSTRUCTION I 1 General Decision No. CO20100015 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod Laborers: 4000 Asphalt Laborer/Raker 12.40 2.92 4001 Common 12.44 3.53 4002 Concrete Laborer/Mason Tender 12.44 3.10 4003 Striping -Paint Laborer (Pre -form layout and removal of 12.90 3.07 pavement markings) 4004 Traffic Director/Flagger 9.42 3.21 4005 Traffic/Sign Laborer (Sets up barricades and cones, 12.39 3.20 and installs permanent signs) 4007 Guardrail (Excludes bridgerail) 12.78 3.31 4008 Formwork (Curbs and gutters only) 12.92 4.54 4009 Landscape Laborer (Including irrigation work) 12.21 3.16 Painters: 4100 Spray 17.54 3.52 POWER EQUIPMENT OPERATORS: 4200 Asphalt Plant 17.23 1.20 4201 Asphalt Screed 16.21 3.76 4202 Backhoe 16.42 4.42 4203 Compactor (Dirt and soil only) 16.52 3.13 4204 Grader/Blade 16.39 4.20 Mechanic and or Welder (Includes heavy duty and combination 4205 mechanic welder) 16.74 4.20 4206 Post Driver/Punch Machine 16.07 4.41 4207 Rotomill Operator 16.28 4.41 4209 Scraper 17.62 3.16 -8- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 10-29-10 GENERAL DECISION NUMBERS CO2o OOM4 AND CO20100015 HTCHWAY CON.STRITCT1ON General Decision No. CO20100015 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod Truck Drivers: 4400 Dump 14.15 3.83 4401 Low Boy 15.07 4.56 4402 Truck Mechanic 15.97 4.61 4403 Multipurpose Truck -Specialty and Hoisting 14.60 3.49 4404 Pickup (Including pilot car) 14.04 3.49 4405 Water Truck 14.88 2.07 4406 Distributor 15.80 5.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses [29 CFR 5.5(a) (1) (ii)]. END OF GENERAL DECISION NUMBER CO20100015. I 9 U.S. DEPT. OF LABOR, DAMS BACON MINIMUM WAGES, COLORADO DATE 10-29-10 GENERAL DECISION NUMBERS CO20100014 AND CO20100015, 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. 1 I February 3, 2011 1 ON THE JOB TRAINING This training special provision is an implementation of 23 U.S.C. 140 (a). The Contractor shall meet the requirements of the FHWA 1273 for all apprentices and trainees. As part of the Contractor's Equal Employment Opportunity Program, training shall be provided on projects as follows: (a) General Requirements 1. The Contractor shall provide on thejob training aimed at developing full journey workers in the skilled craft identified in the approved training plan. 2. A primary objective of this specification is to train and upgrade women and minority candidates to full journey worker status. The Contractor shall make every reasonable effort to enroll and train minority and women workers. This training commitment shall not be used to discriminate against any applicant for training whether or not the applicant is a member of a protected class. 3. An employee shall not be employed or utilized as a trainee in a skilled craft in which the employee has achieved journey status. 4. The minimum length and type of training for each skilled craft shall be as established in the training program selected by the Contractor and approved by the Department and the Colorado Division of the Federal Highway Administration (FHWA), or the U. S Department of Labor (DOL), Office of Apprenticeship or recognized state apprenticeship agency. To obtain assistance or program approval contact: CDOT Center for Equal Opportunity 4201 East Arkansas Avenue Denver, CO 80222 eo@dot.state.co.us 1-800-925-3427 5. The Contractor shall pay the training program wage rates and the correct fringe benefits to each approved trainee employed on the project and enrolled in an approved program. The minimum trainee wage shall be no less than the wage for the Guardrail Laborer classification as indicated in the wage decision for the project. 6. The CDOT Regional Civil Rights Manager must approve all proposed apprentices and trainees for the participation to be counted toward the project goal and reimbursement. Approval must occur before training begins. Approval for the apprentice or trainee to begin work on a CDOT project will be based on: A. Evidence of the registration of the trainee or apprentice into the approved training program. B. The completed Form 838 for each trainee or apprentice as submitted to the Engineer. 7. Before training begins, the Contractor shall provide each trainee with a copy of the approved training program, pay scale, pension and retirement benefits, health and disability benefits, promotional opportunities, and company policies and complaint procedures. 8. Before training begins, the Contractor shall submit a copy of the approved training program and CDOT form 1337 to the Engineer. Progress payments may be withheld until this is submitted and approved and may be withheld if the approved program is not followed. 9. On a monthly basis, the Contractor shall provide to the Engineer a completed On the Job Training Progress Report (Form 832) for each approved trainee or apprentice on the project. The Form 832 will be reviewed and approved by the Engineer before reimbursement will be made. The Contractor will be reimbursed for no more than the OJT Force Account budget. The Engineer may increase the force account budget and the number of reimbursable training hours through a Change Order. I I Section 6. PERMITS - COMPLIANCE WITH LAWS. In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit C, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any ' of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit C to each of its employees before they enter the job site. B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. ' C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan ' for conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. ' Section B. INDEMNITY. A. To the extent not prohibited by applicable statute, Contractor shall indemnify, defend and hold harmless Railroad, its affiliates, and its and their officers, agents and employees ("Indemnified Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (including, without limitation, attorneys, consultant's and expert's fees, and court costs), fine or penalty (collectively, "loss") incurred by any person (including, without limitation, any indemnified party, contractor, or any employee of contractor or of any indemnified party) arising out of or in any ' manner connected with (i) any work performed by Contractor, or (ii) any act or omission of Contractor, its officers, agents or employees, or (iii) any breach of this Agreement by Contractor. b. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the ' loss, and shall apply regardless of any negligence or strict liability of any indemnified party, except where the loss is caused by the sole active negligence of an indemnified party as established by the final judgment of a court of competent jurisdiction. The sole active negligence of any indemnified party shall not bar the recovery of any other indemnified party. ' C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify Railroad under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. Addendum 1 — 7244 Linden Street Streetscape Page 18 of 24 1 February 3, 2011 2 ON THE JOB TRAINING 10. Upon completion of training, transfer to another project, termination of the trainee or notification of final acceptance of the project, the Contractor shall submit to the Engineer a "final" completed Form 832 for each approved apprentice or trainee. ' 11. All forms referred to are available from the CDOT Center for Equal Opportunity, through the CDOT Regional Civil Rights Manager, or on CDOT's website at ' htto://www.dot.state.co.us/Bidding/BidForms.htm. 12. Forms 838 and 832 shall be completed in full by the Contractor. Reimbursement for training is based on the number of hours of on the job training documented on the Form 832 approved by the Engineer. The Contractor shall explain discrepancies between the hours documented on Form 832 and the corresponding certified payrolls. 13. Failure to provide the required training will result in the following damages: The Region Civil Rights Manager will determine the damages to be assessed. The damages will be defined as the sum representing the number of training hours specified in the Contract, minus the number of training hours worked as certified on Form 832, multiplied by the journey worker hourly wages plus fringe benefits [(hours specified —hours actually worked) x Journeyman's rate(base hourly + fringe benefits) = Damages ' Assessed. Wage rate may be determined by averaging the wages for the crafts listed on Form 1337. The Engineer will provide the Contractor with a written notice at Final Acceptance of the project informing the Contractor of the noncompliance with this specification which will include a calculation of the damages to be assessed. (b) Standard Training Program ' 1. If the Contractor is participating in the Standard Training Program, the training shall be provided according to the following in addition to the general requirements outlined above in part (a): 2. Contractors participating in the Standard Program at the beginning of the contract must remain in that program for the duration of the project. Contractors may transfer to the Colorado Training Program with Region Civil Rights Manager approval if there is a demonstrated increase in training hours or training opportunity for the trainee. The OJT goal (# of training hours required) for the project will be included in the Project Special Provisions and will be determined by the Regional Civil Rights Manager after ' considering: A. Availability of minorities, women, and disadvantaged for training; B. The potential for effective training; ' C. Duration of the Contract; D. Dollar value of the Contract; E. Total normal work force that the average bidder could be expected to use; F. Geographic location; ' G. Type of work; and H. The need for additiona I journey workers in the area I. The general guidelines for minimum total training hours are as follows: I 3 ON THE JOB TRAINING Contract dollar value Minimum total training hours to be provided on the project Up to 1 million 0 >1 - 2 million 320 >2 - 4 million 640 >4 - 6 million 1280 >6 - 8 million 1600 >8 - 12 million 1920 >12 - 16 million 2240 >16. 20 million 2560 For each increment of $5 million, over $20 million 1280 February 3, 2011 , 3. The number of training hours for the trainees to be employed on the project shall be as shown in the Contract. The trainees or apprentices employed under the Contract shall be registered with the Department using Form 838, and must be approved by the Regional Civil Rights Manager before training begins for the participation to be counted toward the OJT project goal. 4. Subcontractor trainees who are enrolled in an approved Program may be used by the Contractor to satisfy the requirements of this specification. 5. The Contractor will be reimbursed 80 cents per hour worked for each apprentice or trainee whose participation toward the OJT project goal has been approved. 6. The Contractor shall have fulfilled its responsibilities under this specification if the CDOT Regional Civil Rights Manager has determined that it has provided acceptable number of training hours. (c) Colorado Training Program. The training shall be provided in accordance with the approved Colorado Training Program in addition to the general requirements outlined in part (a) above when applicable. 1. The Contractor must meet the requirements of the Colorado Program throughout the duration of the contract and will be exempt from the required Project Goal (required training hours). If the Contractor places an apprentice on a CDOT project and does not meet the requirements of the Colorado Training Program, then the Contractor will be reimbursed in accordance with the Standard Training Program as described in (b) of this special provision. 2. The minimum required number of trainees to be employed by the Contractor shall be as shown in the Contractor's approved Colorado Training Program. One apprentice is required for every four million dollars of contract work with the Department based on a three year average. CDOT will determine the required number of apprentices upon approval of the Colorado Program. 3. The Contractor will be reimbursed $4.80 per hour worked for each approved apprentice and will pay the Sponsor $4.00 per hour worked on a CDOT project. The contractor will receive credit for their trainees whether they work on a CDOT or a non-CDOT project, however, they will be reimbursed by CDOT only for hours worked on CDOT projects. t L I ' February 3, 2011 4 ON THE JOB TRAINING ' 4. The Contractor shall comply with the requirements in their approved Colorado Training Program. The Contractor will require the Sponsor to provide a monthly report to the Regional Civil Rights Manager and Center for Equal Opportunity that provides information regarding trainee progress to ensure that the Contractor is in compliance with the approved Colorado Training Program. ' a. Name b. Occupation c. Training period completed d. Status( active, graduated, terminated) n 1 I C PARTNERING PROGRAM February 3, 2011 ' The Colorado Department of Transportation actively encourages partnering and invites the Contractor and his subcontractors and suppliers to participate in a voluntary partnering agreement for this project. The following information summarizes the partnering process. More information is available through the Resident Engineer listed in the project special provisions. This partnership will be structured to draw on the strengths of each organization to identify and achieve mutual goals. The objectives are effective and efficient Contract performance with reciprocal cooperation, and completion within budget, on schedule, and in accordance with the Contract. This partnership will be bilateral in make-up and all costs associated with this partnership will be agreed to by both parties and will be shared equally. The Contractor shall assume full responsibility for all costs associated with partnering during the implementation of the partnering process. CDOT will reimburse the Contractor for the agreed amount. The CDOT Program Engineer or the Resident Engineer will contact the Contractor within ten days after the award of this project to ask if the Contractor wants to implement this partnership initiative. If the Contractor agrees, the Contractor's on -site project manager shall meet with CDOT's Resident Engineer to plan a partnering development and team building workshop. At this planning session, arrangements shall be made to determine the facilitator and the workshop, attendees, agenda, duration, and location. The workshop shall be held prior to the commencement of any major work item and preferably before the preconstruction conference. The following persons shall attend the workshop: CDOT's Resident Engineer, Project Engineer, and key project personnel; the Contractor's on -site project manager and key project supervision personnel; and the subcontractors' key project supervision personnel. The following personnel shall also be invited to attend as needed: project design engineer, key local government personnel, suppliers, design consultants, CDOT maintenance foreman, CDOT environmental manager, key railroad personnel, and key utility personnel. The Contractor and CDOT shall also have Regional or District managers and Corporate or State level managers on the partnering team. Follow-up workshops may be held periodically throughout the duration of the Contract as agreed by the Contractor and the Engineer at the initial workshop. A closeout workshop shall be held to evaluate the effectiveness of the partnership. The establishment of a partnership charter, which identifies the workshop participants' mutual goals on the project, will not change the legal relationship of the parties to the Contract or relieve either party from any terms of the Contract. [l [1 February 3, 2011 RAILROAD INSURANCE The Contractor shall carry insurance of the following kinds and amounts: A. CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE. The Contractor shall furnish evidence to the Department that with respect to the operations the Contractor performs, the Contractor carries Contractor's Public Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of one person and subject to that limit for each person, a total limit of Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries to or death of two or more persons in any one occurrence; and Contractor's Property Damage Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of injury to or destruction of property in any one occurrence and subject to that limit per occurrence, a total (or aggregate) limit of Two Million Dollars ($2,000,000.00) for all damages arising out of injury to or destruction of property during the policy period. If any part of the work affecting railroad property or facilities is sublet, similar insurance shall be provided by or in behalf of the subcontractor(s) involved. B. CONTRACTOR'S PROTECTIVE PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE. The Contractor shall furnish evidence to the Department that with respect to the operations performed for the Contractor by subcontractors, the Contractor carries in its own behalf Contractor's Protective Public Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of one person and subject to that limit for each person a total limit of Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries to or death of two or more persons in any one occurrence; and Contractor's Protective Property Damage Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of injury to or destruction of property in any one occurrence, and subject to that limit per occurrence, a total (or aggregate) limit of Two Million Dollars ($2,000,000.00) for all damages arising out of injury to or destruction of property during the policy period. C. RAILROAD'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE. ' In addition to the above, the Contractor shall furnish evidence to the Department that with respect to the operations the Contractor or any of its subcontractors perform, the Contractor has provided for and in behalf of the Railroad Company, and each Railroad Company when more than one is involved, Railroad Protective Public Liability and Property Damage Insurance providing for a combined single limit of Two Million Dollars ' ($2,000,000.00) per occurrence with an aggregate limit of six Million Dollars ($6,000,000.00) applying separately for each annual period for: ' 1. All damages arising out of bodily injuries to or death of one or more persons. Z. All damages arising out of injury to or destruction of property. D. GENERAL. Said policy or policies of insurance shall be deemed to comply with the requirements of this Special Provision if each of said policies contains a properly completed and executed "Railroad Protective Liability Form", reference copies of which are available from the Agreements Engineer of the Colorado Department of Transportation, 4201 East Arkansas Avenue, Denver, Colorado 80222. Certificates of insurance required under A. and B. above, and policy or policies of Insurance required under C. above shall be furnished to the Department's Agreements Engineer for transmittal to the Railroad Company's Insurance Department. The insurance hereinbefore specified shall be carried until all work required to be performed under the terms of the Contract is satisfactorily completed as evidenced by the formal acceptance of the Department. The Railroad Company shall be furnished with the original of each policy carried in its behalf. February 3, 2011 1 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification: The weekly payrolls submitted by contractors and subcontractors in accordance with Part V., paragraph 2c shall not include full social security numbers and home addresses. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee's social security number). Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them to the SHA upon request. IJ 1 1' I J February 3, 2011 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHWA-1273 Electronic version -- March 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 6. Selection of Labor: During the performance of this contract, Page the contractor shall not: I. General.........................................................1 II. Nondiscrimination............................................1 III. Nonsegrated Facilities......................................3 IV. Payment of Predetermined Minimum Wage.......... 3 V. Statements and Payrolls...................................6 VI. Record of Materials, Supplies, and Labor.............6 VII. GeneralSubletting or Assigning the Contract ......... 7 Vill. Safety: Accident Prevention...............................7 IX. False Statements Concerning Highway Projects. ..7 X. Implementation of Clean Air Act and Federal Water Pollution Control Act................................8 XI. Certification Regarding Debarment, Suspension...... Ineligibility, and Voluntary Exclusion..................8 XII. Certification Regarding Use of Contract Funds for... Lobbying......................................................9 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractors own organization and with the assistance of workers under the contractors immediate superin- tendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor s employees or their representatives. a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. If. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportu- nity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, execu- tive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractors project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et sec.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractors staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractors EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not 3 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS less often than once every six months, at which time the contract- ors EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor s EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractors procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractors EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor s EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractors compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such imple- mentation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employ- ee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimi- nation. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination February 3, 2011 ' may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such com- plaints, and will take appropriate corrective action within a reason- able time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractors work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of appren- ticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor 5 association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national 1 1 I 11 L REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reason- able times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women: (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on -the - job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) February 3, 2011 a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agree- ment or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establish- ments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)[ the full amounts of wages and bona fide fringe benefits (or cash equivalents thereoQ due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provi- sions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage C 11 5 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein,, provided, that the employers payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorpo- rated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Stan- dards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional February 3, 2011 , classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secre- tary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any appren- tice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (ex- pressed in percentages of the journeyman -level hourly rate) specified in the contractors or subcontractors registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentices level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for 1 I d. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the federal employers' liability act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against Railroad. e. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability Contractor may have to any indemnified party by statute or under common law. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb , any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. ' Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. ' Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION - ENTIRE AGREEMENT. No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work to be performed by Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured" in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. ' 1 1 Addendum 1 — 7244 Linden Street Streetscape Page 19 of 24 ' 1 C t J L 6 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evi- denced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not regis- tered and participating in a training plan approved by the Employ- ment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classifica- tion of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance proce- dure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal - aid highway construction programs are not subject to the require- ments of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will February 3, 2011 be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any 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, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in para- graph 8 above. V. STATEMENTS AND PAYROLLS REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appala- chian contracts, the payroll records shall contain a notation indicat- ing whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029- 005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcon- tractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the follow- ing: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; February 3, 2011 (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed 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 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such repre- sentatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractors option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT C L 1. I 1 n n 8 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percent- age if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor s own organiza- tion (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract require- ments, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineer- ing services) as the SHA contracting officer determines is neces- sary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. Vill. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contract- ing officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall February 3, 2011 have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepre- sentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false represen- tation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre- sentation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 21, 1916, (39 Slat. 355), as amended and supple- mented; Shall be fined not more that $10, 000 or imprisoned not more than 5 years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as 11 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS amended (33 U.S.C. 1251 et sec ., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such require- ments. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transac- tions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency§ determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disquali- fy such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "volun- tarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared February 3, 2011 ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certifi- cation Regarding Debarment, Suspension, Ineligibility and Volun- tary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocure- ment portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily- excluded from covered transactions by any Federal department or agency;. b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a 3-year period preceding this applica- tion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 7 r L 1 1 10 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Covered Transac- tions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," 'primary covered transaction," 'participant," "person," "principal," 'proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assis- tance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocure- ment List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. February 3, 2011 I. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influenc- ing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Con- gress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. YAYeh and Associates, Inc. Consulting Engineers & Scientists Final Pavement Design And Geotechnical Engineering Report Linden Street at Willow Street Ft. Collins, Colorado Yeh Project No. 210-218 March 10, 2011 Prepared for. HDR Inc. 303 East 17th Avenue, Suite 700 Denver, Colorado 80203 Att: Jason Wenger, RE Prepared by. Yeh and Associates, Inc. 5700 East Evans Avenue Denver, Colorado 80222 Phone: 303-781-9590 Fax: 303-781-9583 ' Linden Street at Willow Street Ft. Collins, Colo. Yeh Project: 210-218 Table of Contents Page ' 1.0 Project Information.............................................................................................1 1.1 Purpose and Scope of Study............................................................................ 1 2.0 Proposed Construction......................................................................................1 ' 3.0 Geologic Conditions.......................................................................................... 2 4.0 Subsurface Exploration..................................................................................... 2 5.0 Laboratory Testing............................................................................................. 3 5.1 Soil Classification.............................................................................................. 5.2 Soil Corrosion and Sulfate Attack..................................................................... 4 4 5.3 Swell/Settlement Tests..................................................................................... 5 ' 6.0 Traffic Loading....................................................................................................5 7.0 Pavement Recommendations............................................................................ 5 8.0 Asphalt Mix Recommendations........................................................................ 6 ' 9.0 Subgrade Preparation........................................................................................ 10.0 Drainage..............................................................................................................7 6 11.0 Limitations.......................................................................................................... 7 Figures No. ProjectLocation..............................................................................................................1 Tables No. Existing Pavement and Base Course Thickness............................................................. 1 ' HMA Pavement Design Parameters................................................................................ Minimum Recommended HMA Pavement Thickness..................................................... 2 3 ' Appendix BoringLogs.....................................................................................................................A Laboratory Test Results.................................................................................................. B TrafficLoading................................................................................................................0 ' Pavement Design Calculations.......................................................................................D 1 Linden Street at Willow Street Ft. Collins, Colo. Yeh Project: 210-218 1.0 Project Information 1.1 Purpose and Scope of Study This report documents the results of the geotechnical investigation and pavement design recommendations for improvements on Linden Street / Willow Street intersection in Ft. Collin, Colorado. The scope of work for this study included exploring the subsurface conditions by advancing three exploratory borings near the intersection, conducting laboratory testing on representative soil samples obtained from the subsurface explorations and determining the minimum required pavement thickness. A full depth hot mix asphalt (HMA) pavement section and a composite pavement section using HMA and aggregate base course (ABC) to address the future traffic loading are presented. 2.0 Proposed Construction It is our understanding that the existing Linden Street pavement will be widened and reconstructed to accommodate parking and a new alignment. Figure 1 presents a photograph of the project location showing the Linden Street / Willow Street intersection and th - --- -- ---- Figure 1 - Project Location 1 1 I 11 1 1 Linden Street at Willow Street 3.0 Geologic Conditions Ft. Collins, Colo. Yeh Project: 210-218 The geology of the site was studied by reviewing relevant geologic maps. The general geology is based upon our review and our experience in the general area. In general, the site is located east of the mountains in the alluvial area of the Cache la Poudre River basin. The area is generally overlain by windblown alluvial sand containing various amounts of silt and clay covering alluvial sandy material with gravel and cobbles. 4.0 Subsurface Exploration Two borings were taken along Linden Street east of Willow, and one boring was taken at the intersection at Willow Street on January 17, 2011. The exploratory borings were advanced to a depth of 10 feet at each location. The exploratory borings were drilled by using a truck -mounted CME-75 drill rig. All test holes were advanced using 6-inch outside diameter, solid stem continuous -flight augers to a depth of 10 feet. Bulk soil samples were taken from below the pavement section to a depth of approximately 5 feet and penetration tests (PT) were obtained at depths of 5 feet and 10 feet. Groundwater was not encountered in the borings during our investigation; however, variations in groundwater levels can occur due to precipitation events, construction and site grading, local landscape irrigation practices, and changes in surface and subsurface drainage characteristics of the surrounding areas. To perform the PT, a 2-inch inside diameter California spoon sampler was seated at the bottom of the bore hole, then driven up to 12 inches with blows of an automatic standard hammer weighing 140 pounds and falling a distance of 30 inches. The number of blows (blow count) required to drive the sampler 12 inches or a fraction thereof, constitutes the PT. The PT is similar to the standard penetration test described in ASTM Designation D1586. The PT, when properly evaluated, is an index to the consistency or relative density of the material tested. For the soils on this project, the blow counts varied from 11 to 34 indicating a stiff to very stiff sand at the 5 foot level, and at the 10 foot level; the material (sand or sandstone) was hard to very hard. The 2 Linden Street at Willow Street Ft. Collins, Colo. Yeh Project: 210-218 boring locations and complete results are shown on the engineering geology sheet and boring logs in Appendix A. Existing pavement and primarily fill soils were encountered during drilling. Asphalt pavement, base course, sandy. clay or silty sand over sand was encountered in the Linden Street borings (YA-1 and YA-2). Boring No. YA-1 also encountered sandstone at a depth of 7 feet. Boring YA-3, at the intersection on Willow Street encountered base course consisting of aggregate and recycled asphalt pavement to a depth of 5 feet below the Hot Mix Asphalt (HMA) pavement. Below this base course, sand similar to the other borings was encountered. Based on the boring information, the existing pavement on Linden Street consists of 7 to 7.5 inches of HMA over 4 to 4.5 inches of ABC on clay fill material. Table 1 shows the pavement and base thickness for each boring. Table 1 - Existing Pavement and Base Course Thickness Boring Number HMA Thickness inches ABC Thickness inches YA-1 7.0 4.0 YA-2 7.5 4.5 YA-3 7.5 54 5.0 Laboratory Testing Samples retrieved during the field exploration were returned to the laboratory for observation by the project geotechnical engineer and were classified in accordance with AASHTO and the Unified Soil Classification System. A program of laboratory testing was developed to determine engineering properties of the subsurface materials. Following the completion of the laboratory testing, the field descriptions of the samples were confirmed or modified as necessary and boring logs were prepared and are presented in Appendix A. Laboratory test results are presented in Appendix B. These results were used for the geotechnical engineering analyses and the determination of minimum pavement thickness. Laboratory tests were performed in general accordance with the applicable local or other accepted standards, and the results are summarized below. 3 EXHIBIT C TO ' CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Union Pacific Railroad Company Insurance Provisions For Contractor's Right of Entry Agreement Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad's property has been completed and the Contractor has removed all equipment and materials from Railroad's property and has cleaned and restored Railroad's property to Railroad's satisfaction, the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). ' The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule. ' B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non -owned autos). ' The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute ' form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to: ' • Contractor's statutory liability under the workers' compensation laws of the state where the work is being performed. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit ' $500,000 each employee. If Contractor is self -insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement, which must be stated on the certificate of insurance: • Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage). 1 D. Railroad Protective Liability insurance. Contractor must maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of ' $6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. Addendum 1 — 7244 Linden Street Streetscape Page 20 of 24 I i Linden Street at Willow Street Ft. Collins, Colo. Yeh Project: 210-218 5.1 Soil Classification Soil classification tests consisted of Atterberg Limits determination and sieve analysis tests. Atterberg Limits tests were performed in general accordance with ASTM ' D4318 to determine the water contents which define the various stages of soil consistency. Sieve analyses on samples from the sites were performed in accordance 1 with ASTM D1140. The results of both tests were then used in classifying the soil according to the AASHTO and USCS Classification Standards. ' The AASHTO soil classification for the bulk samples taken from below the Aggregate Base Course (ABC) to a depth of 5 feet (1 to 5 feet) were classified as A-6(1) ' and A-2-6(0) respectively for YA-1 and YA-2. Both samples are classified as sandy clay by the Unified Soil Classification System. These bulk samples were combined and an ' R-value (ASTM T199) was performed with a resulting R-value of 29. The R-value was used to calculate a Resilient Modulus (MR) of 6,629 psi using Equations 2.1 and 2.2 from the Colorado Department of Transportation (CDOT) 2011 Pavement Design Manual. This value is used as the input to the Darwin Pavement Design Pavement ' Design Program to represent the subgrade strength. The Darwin program follows the 1993 AASHTO Pavement Design Manual for pavement design. Complete laboratory soil test results are in Appendix B. 5.2 Soil Corrosion and Sulfate Attack Test for water-soluble sulfate, chloride, pH and resistivity were performed to evaluate the potential sulfate attack on concrete and to provide information for selection of culvert materials. The pH was 8.1 which is slightly basic, and the chloride concentration was 0.033 percent.. There are no special requirements for concrete mixes 1 or culvert selection based on the pH and chloride concentrations. The soluble sulfate concentration was 0.005%. This sulfate concentration ' represents a Class 0 for severity of sulfate attack on concrete, based on the CDOT project specification for Section 601 and 701 Structural Concrete. The soil resistivity was 1,041 ohm -cm. Based on the CDOT culvert selection ' policy, if polymer coated or aluminized Type 2 pipe is used it should have a minimum wall thickness of 0.052 inches, 18 gauge. The test report for corrosion items is ' presented in Appendix B. 1 4 1 11 Linden Street at Willow Street Ft. Collins, Colo. 5.3 Swell/Settlement Tests Yeh Project: 210-218 ' Swell/settlement tests were conducted in general accordance with ASTM D4546 with a loading of 200 psf to determine the swell or settlement potential of selected samples of the subsurface materials upon addition of water. The test results ranged from -0.4 to -0.8 percent settlement at a depth of 5 feet. In accordance with the the CDOT Pavement Design Manual, no noticeable swell or settlement problems are expected in this pavement. 6.0 Traffic Loading Present and future traffic volumes and percent trucks were provided by HDR for this section of Linden Street.. Using these traffic volumes, 20-Year design Equivalent Single Axle Loads (ESALs) were calculated for the pavement thickness designs. The calculated 20-Year Design ESALs for the HMA pavement design are 945,000 ESALs. The complete traffic loading calculations are presented in Appendix C. 7.0 Pavement Recommendations Pavement section thicknesses were calculated using the DARWin pavement design program which follows the 1993 AASHTO Pavement Design Guide, and is recommended by the 2011 CDOT Pavement Design Manual. The input parameters for the pavement design are presented in Table 2: Table 2 - HMA Pavement Design Parameters Hot Mix Asphalt Design Parameters 20-Year Design ESALs 945,000 Resilient Modulus, MR, psi 6,629 Reliability, % 90 Initial Serviceability 4.5 Overall Standard Deviation 0.44 Terminal Serviceability 2.5 HMA Str. Layer Coefficient 0.44 ABC Str. Layer Coefficient 0.11 The minimum pavement thickness recommendations using both full depth HMA and a composite section using HMA and ABC are presented in Table 3 and the design program outputs are presented in Appendix D. 5 ' Linden Street at Willow Street Ft. Collins, Colo. Yeh Project: 210-218 Table 3 - Minimum Recommended HMA Pavement Thickness Roadway Section Full Depth Composite Section HMA (inches) HMA/ABC (inches) Linden Street 8.0 6.0/8.0 We recommend the section using 6.0 inches of HMA over 8.0 inches of Class 6 Aggregate Base Course. 8.0 Asphalt Mix Recommendations Based on the cities past experience, we recommend that an asphalt mix meeting ' the requirements for CDOT Grading SG (100) be used for the asphalt pavement on this project. We also recommend that unmodified performance grade asphalt binder meeting the requirements for PG 58-28 be used. Each HMA lift thickness should be between 2.0 and 3.0 inches. ' PG 58-28 is the 98% reliability binder recommended for this area using the, Long Term Pavement Performance Binder Selection program; LTPPBind. This program uses historic local weather data to specify the appropriate performance graded binder. The output from the LTPPBind program is presented in Appendix D. ' Aggregates for hot mix asphalt should be of uniform quality, composed of clean, hard, durable particles of crushed stone, gravel, or slag. Excess of fine material should be wasted before crushing. 9.0 Subgrade Preparation rFollowing grading of the subgrade to the proper elevation, the exposed subgrade area should then be scarified to a depth of 12 inches, brought to near optimum moisture, and recompacted. The required percent of relative compaction and moisture content in accordance with Section 203.07 of the CDOT Standard Specifications for ' Road and Bridge Construction. The pavement subgrade should be proof rolled with a heavily loaded pneumatic - tired vehicle. Areas which deform more than 0.5 inch under heavy wheel loads should 6 Linden Street at Willow Street Ft. Collins, Colo. Yeh Project: 210-218 be removed, replaced if necessary and reworked to achieve a stable subgrade prior to paving. We recommend that acceptance of proof rolling and compaction tests be. performed by the representative of a Registered Professional Engineer. 10.0 Drainage The collection and diversion of surface drainage away from paved areas is extremely important to the satisfactory performance of pavement. Proper design of drainage should include prevention of ponding of water 'on or immediately adjacent to pavement areas. All landscape sprinkler heads adjacent to pavement areas should be frequently checked for leaks and maintained in good working order. Over -spray from sprinklers should be minimized. 11.0 Limitations This report has been prepared in accordance with generally accepted engineering, geologic and geotechnical engineering practices in this area for use by the client for design purposes. The conclusions and recommendations submitted in this report are based upon the data obtained from our exploratory borings and the traffic loading supplied. The nature and extent of subsurface variations across the site may not become evident until excavation is performed. If during construction, fill, soil, bedrock or water conditions appear to be different from those described herein, this office should be advised immediately so re-evaluation of the recommendations can be made. Respectfully Submitted: Robert F. LaForce, P.E. Senior Materials Manager ere A. StncKlano, r.t. Senior Project Manager Linden Street at Willow Street Ft. Collins, Colo. Yeh Project: 210-218 ILI iAppendix A- Engineering Geology Sheet and Boring Logs 11 1 F1 1 1 8 I It I I ilyl inff ---------- 7 - - - - - - - - - - - - — �YA-31 In.14 w n 1:3 YA-1 : 19 M. pa It, I., Imp MIN Plim MW 219,00 moo 22110] C=D Cn� C r 4 = 11 U 3 x C= Cm I I [] Project: Linden Street Ft. Collins Boring: YA-1 VYEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 210-218 Date: Sheet 1 of 1 Boring Began: 1/1712011 Completed: 1/17/2011 Total Depth: 10.3 It Drilling Method: Solid -Stem Auger (6" O.D.) Drill Bit: Ground Elevation: 4960.0 ft Casing: Location: Drill: CME 75 Weather: Coordinates: IN: 10.0 E: 1.0 Driller: Drilling Engineers Logged By: R. Bartingale Ground Water Notes: Dry during drilling Final By: R. Bartingale Depth Date Inclination: Vertical Time a Rock Soil Samples c H >. 3^ -^ o Field Notes io a) a"' n ro E a) o Blows o Material Description P and °�' o' U) 0 Per N L Lab Tests o: 0.0 - 0.6 ft. ASPHALT (7 inches). MC= 4.4 #200= 39 0.6 - 0.9 ft. BASE COURSE (4 inches). 0.9 - 3.0 ft. clayey SAND FILL, brown, moist. r : LL= 24 3.0 -7.0 ft. SAND with gravel, brown, moist, PL= 13 medium dense. PI= 11 AASHTO: A-6 (1) 12/22 34 4955 5 USCS: SC MC= 5.2 % DD= 130.1 pcf • #200= 3 % 7.0 -10.3 ft. silty SANDSTONE, light brown, LL= NV moist, very hard. PL= NP Pl= NP AASHTO: A-1-a (0) 11/50:4" 4950 10 USCS: SP �0:47 MC= 16.7 % Bottom of Hole at 10.3 ft. DD= 100.0 pcf #200= 14 % LL= NV PL= NP Pl= NP s/C= -0.8 % AASHTO: A-2-4 (0) 4945 15 USCS: SM 4940 20 4935 25 4930 30 YYEH AND ASSOCIATES, INC. Project: Linden Street Ft. Collins Boring: YA-2 GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 210-218 Date: Sheet 1 of 1 Boring Began: 1/17/2011 Completed: 1/17/2011 Total Depth: 10.5 ft Drilling Method: Solid -Stem Auger (6" O.D.) Drill Bit: Ground Elevation: 4965.0 ft Casing: Location: Drill: CME 75 Weather: Coordinates: N: 20.0 E: 2.0 Driller: Drilling Engineers Logged By: R. Bartingale Ground Water Notes: Dry during drilling Final By: R. Bartingale Depth Date Inclination: Vertical Time a Rock Soil Samples C T v D- a o Field Notes m a) > w a) E a)-E Blows w p c 6en N Lab Tests 0.0 - 0.6 ft. ASPHALT (7.5 inches). 4.1 = MCMC#200 0.6 -1.0 ft. BASE COURSE (4.5 inches). 1.0 - 5.5 ft. clayey SAND, brown, moist, loose. 27 % LL= 29 PL= 13 PI= 16 AASHTO: A-2-6 (0) 4/7 11 4960 5 USCS: SC 5.5 - 10.5 ft. gravelly SAND with some silt, MC= 11.4 % • brown, moist, medium dense to dense, varying DD= 119.6 pcf amounts of clay. #200= 54 % LL= 28 PL= 17 PI=11 S/C= -0.4 % 4955 10 26129 55 ; AASHTO: A-6 (3) USCS: CL Bottom of Hole at 10.5 ft. MC= 32 % #200= 5 % LL= NV PL= NP PI= NP AASHTO: A-1-a USCS: SP-SM 4950 15 4945 20 4940 25 4935 30 1] r 1 [1 D I Ll 1 11 YYEH AND ASSOCIATES, INC. Project: Linden Street Ft. Collins Boring: YA-3 GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 210-218 Date: Sheet 1 of 1 Boring Began: 1/17/2011 Completed: 1/17/2011 Total Depth: 10.5 ft Drilling Method: Solid -Stem Auger (6" O.D.) Drill Bit: Ground Elevation: 4970.0 ft Casing: Location: Drill: CME 75 Weather: Coordinates: N: 30.0 E: 3.0 Driller: Drilling Engineers Logged By: R. Bartingale Ground Water Notes: Dry during drilling Final By: R. Bartingale Depth Date Inclination: Vertical Time Rock Soil Samples a T o 0, r y n>1 o Field Notes m m n aD °w"' E a) O Blows o Material Description p and p� o' Ct per N Lab Tests w 0 b in 0.0 - 0.6 ft. ASPHALT (7.5 inches). 0.6 - 5.0 ft. BASE COURSE (composed of recycled asphalt. MC= 9.6 % DD= 130.8 pcf #200= 12 % 4/11 15 4965 5 LL= 25 5.0 -10.5 ft. sandy GRAVEL with occasional cobbles to 4 inches diameter, brown, moist, PL= 16 .b: medium dense to dense. Pl= 9 AASHTO: A-2-4 (0) USCS: GC MC= 3.7 % 4960 10 14/33 47 #200= 2 % Bottom of Hole at 10.5 ft. LL= NV PL= NP PI= NP AASHTO: A-1-a USCS: GP 4955 15 4950 20 4945 25 4940 30 I Linden Street at Willow Street Ft. Collins, Colo. Yeh Project: 210-218 ' Appendix B- Laboratory Test Results 9 t I EXHIBIT 1 — REVISED BID TAB SPECIFICATIONS AND CONTRACT DOCUMENTS To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. Revisions to the Bid Tab: Revision to Section 613, Lighting Line Item 613-0700 - Pull Box Special (Splice Box) — 6 EA is added to the contract. Revision to Section 613, Lighting Line Item 613-01300 - 3 Inch Electrical Conduit (Plastic) — 420 LF is revised to include additional quantity for the conduit necessary to connect the controllers to the transformers (see below for more clarification). The revised quantity is 665 LF. Revision to Section 613, Lighting Line Item 613-10000 Wiring — 1 LS is added to the contract. Revisions to the Project Special Provisions: A. Revisions To Section 613: a. 613-0700 Pull Box Special (Splice Box) includes all materials and labor required to install the splice boxes per the details on sheet LID-2. Payment will be based on EACH measured quantity. b. 613-01410 Traffic Signal Conduit (Special) (Plastic)(Schedule 80)(2 each-2 inch and 2 each-3 inch per lineal foot) is shown on Sheet C-20 intersection Detail sheet. This work includes installing conduit and plastic caps at the ends of all conduits as shown on the plans. There are no pull boxes to be installed with these conduits. c. 613-1000 Wiring includes all materials and labor to install the wiring for the pedestrian lights and irrigation controllers. This wiring includes installation of the wiring that will connect the electric meter and controllers to the City of Fort Collins Electric Utility transformers. The connection wiring will be 1/0 Aluminum triplex or 3 #1/0 Aluminum wiring in 3" plastic conduit (to be paid separately). There are two points of connection: i. LCC1 is 235 lineal feet of wiring that will run along El Burrito's southern privacy wall to the transformer at the southeast corner ' Addendum 2 7244 Linden Street Streetscape Page 2 of 8 E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy. F. Pollution Liability insurance. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If the scope of work as defined in this Agreement includes the disposal of any hazardous or non -hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. Other Requirements G. All policy(ies) required above (except worker's compensation and employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of ' this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. 1 Addendum 1 — 7244 Linden Street Streetscape Page 21 of 24 t 1 YEH & ASSOCIATES, INC Summary of Laboratory Test Results Project No: 210 - 218 Project Name: Linden at Willow in Ft Collins Date: 2/1 /2011 Sam le Location Natural Moisture Content (/°) Natural D rY De cf) Y (p Gradation Atterber p" Water Soluble Sulfate % %Swell (+) / ConsUnconf. anon i- dation (-) Comp. Strength s R-VALUE II CLASSIFICATION BNrO g Depth (ft) STm ele yp I Gravel > #4 (%) Sand (%) Fines < #200 (%) LL PL PI AASHTO USCS YA-1 Bulk 4.4 — 4 57 39 24 13 11 — — — — A - 6 ( 1 ) SC YA-1 4.5-5.5 CA 5.2 130.1 42 55 3 NV NP NP — — — — — A-1-a ( 0 ) SP YA-1 9.5-10.5 CA 16.7 100.0 0 86 14 NV NP NP — — -0.8 — — A-2-4 ( 0 ) SM YA-2 Bulk 4.1 — 13 60 27 29 13 16 — — — — A-2-6 ( 0 ) SC YA-2 4.5-5.5 CA 11.4 119.6 0 46 54 28 17 11 — — -0.4 — — A - 6 ( 3 ) CL YA-2 9.5-10.5 CA 3.2 — 47 48 5 NV NP NP — — — — — A-1-a ( 0 ) SP - SM YA-3 4.5-5.5 CA 9.6 130.8 50 37 12 25 16 9 — — — — — A-2-4 ( 0 ) GC YA-3 9.5-10.5 CA 3.7 — 54 44 2 NV NP NP — — — — — A-1-a ( 0 ) GP Mixed Bulk (YA-1) and (YA-2) — — — — — — — — — — — _ 29 Rev 2 - 8/02 Page 1 of 1 Sieve Analysis Hydrometer Analysis Sieve Opening in Inches U.S. Standard Sieves I Size of Particles in mm 100 90 80 70 M 60 c M r0 a 60 C N V y 40 a Gravel (%) Sand (%) Fines (%) Sample Description: 12' 6" 3" Y 1" 3/4" 1/2" 3/8" 4 8 10 16 30 40 50 100 200 Sieve Size % Passing T' 2 1�2' 2" - 1 1/2" 1" - 3/4 „ 1/2" 100 %-, 99 #4 96 #10 91 #40 76 #200 39 100 10 1 Particle Size (mm) 0.1 0.01 4 LL 24 Project Name: Linden at Willow in Ft. Collins �� Yeh & Associates, Inc. Geotechnical Engineering Consultants 57 PL 13 Sample ID: YA-1 SIEVE ANALYSIS 39 PI 11 Sample Depth ft.: Drawn By: Checked By: Date: MA RFL 02/02/11 Project No.: 210 - 218 SC / A - 6 (1) Figure No.: 9 Revised 04/27/2004 Sieve Analysis Hydrometer Analysis Sieve Opening in Inches I U.S. Standard Sieves I Size of Particles in mm 100 90 80 70 rn 60 c .y M W a 50 c d d 40 a Gravel (%) Sand (%) Fines (%) Sample 12" 6" 3" 2" 1" 3/4" 12" 3/8" 4 8 10 16 30 40 50 100 200 100 10 1 Particle Size (mm) 13 LL 29 Project Name: Linden at Willow in Ft. Collins 60 PL 13 Sample ID: YA-2 27 PI 16 Sample Depth ft. : SC / A-2-6(0) 0.1 0.01 Sieve Size % Passing 3" 2 1/2" 2" 1 1/2" 3/4 ° 100 98 95 #4 87 #10 75 #40 53 #200 27 I/,� Yeh & Associates, Inc. �A Geotechnical Engineering Consultants SIEVE ANALYSIS Drawn By: MA Project No.: 210 - 218 Checked By: RFL Date: 02/02/11 1 Figure No.: Revised 04/27/2004 8.0 6.0 4.0 0 e -4.0 0 U -6.0 -8 0 0.1 1A%74 9_o1.Z\ 111M1 1 10 Applied Normal Pressure, ksf Natural Dry Moisture Consolidation(-) SWELL / Boring Number Depth, ft Co nt Soil Description CONSOLIDATION Density, pcf t %GRAPH /Swell(+) % YA - 1 9.5 - 10.5 130.9 7.2 1 -0.8 SM Drawn By: M.A Job No: 210 - 218 Project Name: Linden at Willow in Ft Collins Checked By: RFL YEH & ASSOCIATES, INC i 1 1 1 1 I 1 1 1 I 8.0 6.0 4.0 0 c -4.0 0 U -6.0 -8.0 0.1 [V.`/•V 001.7:\ 111181 C 1 10 Applied Normal Pressure, ksf 100 Natural Dry Moisture Consolidation( SWELL / Boring Number Depth, ft Density, pcf Co ten4 /Swell(+), % Soil Description CONSOLIDATION GRAPH YA - 2 4.5 - 5.5 130.9 7.2 1 -0.4 J SM Drawn By: M.A Job No: 210 - 218 Project Name: Linden at Willow in Ft Collins Checked By: RFL YEH & ASSOCIATES, INC 1 I R-VALUE TEST REPORT 100 80 60 a� CU 40 20 hill 0 100 200 300 400 500 600 700 800 Exudation Pressure - psi Resistance R-Value and Expansion Pressure - AASHTO T 190 No. Compact. Pressure psi Density pcf Moist. % Expansion Pressure psf Horizontal Press. psi @ 160 psi Sample Height in. Exud. Pressure psi R Value R Value Corr. 1 350 123.2 9.2 44 108 2.45 306 29 29 2 250 122.6 10.2 22 133 2.47 194 14 14 3 350 124.4 7.9 131 72 2.49 779 51 51 Test Results Material Description R-value at 300 psi exudation pressure = 29 Project No.: M06.1071.000 Project:#210-218 Location: Linden at Willow in Ft. Collins Sample Number: 5547-1 Date: 2/4/2011 Tested by: H. Redzic Checked by: J. Baker, P.E. Remarks: Figure YA-1 & YA-2 R-VALUE TEST REPORT Geocal, Inc. 1 1 7 u 1k) Colorado Analytical ' Laboratories, Inc. Report To: Sam Yu Company: Yeh & Associates, Inc. ' 5700 E. Evans Ave Denver CO 80222 Analytical Results TASK NO: 110201014 Bill To: Sam Yu Company: Yeh & Associates,. Inc. 5700 E. Evans Ave Denver CO 80222 Task No.: 110201014 Date Received: 2/1/11 Client PO: Date Reported: 2/8/11 Client Project: Linden at Willow 210-218 Matrix: Soil - Geotech MMZMME. (YA-1) + (YA-2) DatelTime: 'Sample Lab Number: 110201014.01 est Result Method; Chloride - Water Soluble 0,0330 % AASHTO T291-91 pH 8.1 units AASHTO T289-91 Resistivity 1041 ohm.cm AASHTO T288-91 Sulfate - Water Soluble 0.005 % AASHTO T290-91 Abbrevlatlons/References: AASHTO - American Association of State Highway and Transportation Officials. ASTM-American Society for Testing and Matenafs. f / ASA- American Societyo/Agronomy. � /A - --- DIPR9 - Ductile Iron Plpe Research Association Handbook of Ductile Iron Pipe. _ DATA APPROVED FOR RELEASE BY Page 1 of 1 ' 240 South Main Street / Brighton, CO 80601-0507 / 303-659-2313 Mailing Address: P.O. Box 507 / Brighton, CO 80601-0507 / Fax: 303-659-2315 110201014 Linden Street at Willow Street Ft. Collins, Colo. Yeh Project: 210-218 Appendix C- TrafficLoading 10 Traffic Volume Data for Linden and Willow in Ft. Collins Given: Volumes: Linden Street SW of Willow Str( 2030 6800 20-Yr Growth Factor 2.175 HMA PCCP Annual Growth Factor 1.0396 ESAL ESAL Distribution: Uniform Factor Factor Passenger Cars 95.00% 0.003 0.003 Busses 0.00% 1.087 1.692 Other 0.00% 0 0 Single Units 2.50% 0.249 0.285 Semi -Tractor -Trailers 2.50% 1.087 1.692 100% 20-Year HMA Design ESALs Design Volume: 5933 AADT ESALs Two Cars 5636 123433 Lane Correction Busses 0 0 Factor Sin. Units 148 269604 0.6 Semis 148 1176945 20-Yr HMA ESALs Total 5933 1569982 941989 ESALs HMA Design ESALs = ((Present Vol + Future Vol))/2 X ESAL Factor X 365 X 20 30-Year HMA Design ESALs Design Volume: 6839 AADT ESALs Two Cars 6497 213427 Lane Correction Busses 0 0 Factor Sin. Units 171 533568 0.6 Semis 171 3167711 30-Yr PCCP ESALs Total 6839 3914706 2348824 ESALs PCCP Design ESALs = {(Present Vol + Future Vol))/2 X ESAL Factor X 365 X 30 1 210-218 ,et 4-Lane AADT 2010 given: 3128 3128 2011 Present Volume 3252 2012 3381 2013 3515 2014 3654 2015 3798 2016 3949 2017 4105 2018 4268 2019 4437 2020 4612 2021 10-Year 4795 2022 4985 2023 5182 2024 5388 2025 5601 2026 5823 2027 6053 2028 6293 2029 6542 2030 Given: 6803 6801 2031 20-Year Volume 7071 2032 7351 2033 7642 2034 7944 2035 8259 2036 8586 2037 8926 2038 9279 2039 9647 2040 10029 2041 30-Year Volume 10426 Traffic Volume Data for Linden and Willow in Ft. Collins Given: Linden Street Volumes: NE of Willow Street 2030 6400 20-Yr Growth Factor 1.637 HMA PCCP Annual Growth Factor 1.025 ESAL ESAL Distribution: Uniform Factor Factor Passenger Cars 95.00% 0.003 0.003 Busses 0.00% 1.087 1.692 Other 0.00% 0 0 Single Units 2.50% 0.249 0.285 Semi -Tractor -Trailers 2.50% 1.087 1.692 100% 20-Year HMA Design ESALs Design Volume: 5849 AADT ESALs Two Cars 5556 121682 Lane Correction Busses 0 0 Factor Sin. Units 146 265780 0.6 Semis 146 1160253 20-Yr HMA ESALs Total 5849 1547715 928629 ESALs j HMA Design ESALs = {(Present Vol + Future Vol))/2 X ESAL Factor X 365 X 20 30-Year HMA Design ESALs Design Volume: 6207 AADT ESALs Two Cars 5897 193709 Lane Correction Busses 0 0 Factor Sin. Units 155 484273 0.6 Semis 155 2875053 30-Yr PCCP ESALs Total 6207 3553036 2131821 ESALs PCCP Design ESALs = {(Present Vol + Future Vol))/2 X ESAL Factor X 365 X 30 210-218 4-Lane AADT 2010 given: 3910 3910 2011 Present Volume 4008 2012 4108 2013 4211 2014 4316 2015 4424 2016 4534 2017 4648 2018 4764 2019 4883 2020 5005 2021 10-Year 5130 2022 5259 2023 5390 2024 5525 2025 5663 2026 5804 2027 5950 2028 6098 2029 6251 2030 Given: 6401 6407 2031 20-Year Volume 6567 2032 6731 2033 6900 2034 7072 2035 7249 2036 7430 2037 7616 2038 7806 2039 8001 2040 8201 2041 30-Year Volume 8407 I EXHIBIT D TO ' CONTRACTOR'S RIGHT OF ENTRY AGREEMENT MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent of Contractor. I. Clothing A. All employees of Contractor will be suitably dressed to perform their duties safely and in a ' manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Contractor's employees must wear: ' (i) Waist -length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare -legged trousers are worn, the trouser bottoms must be tied to prevent catching. ' (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety -toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas -type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. Personal Protective Equipment Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. ' (i) Hard hat that meets the American National Standard (ANSI) Z89.1 — latest revision. Hard hats should be affixed with Contractor's company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 — latest revision. Additional eye protection ' must be provided to meet specific job situations such as welding, grinding, etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within: ' 100 feet of a locomotive or roadway/work equipment • 15 feet of power operated tools • 150 feet of jet blowers or pile drivers • 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection — plugs and muffs) (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and, face shields, must be worn as recommended or requested by the Railroad Representative. Addendum 1 — 7244 Linden Street Streetscape Page 22 of 24 Page 1 of 2 From: Wenger, Jason [Jason.Wenger@hdrinc.com] Sent: Tuesday, February 01, 2011 11:22 AM To: Bob LaForce Subject: FW: Linden Street - Fort Collins Bob, Below is the information I received on traffic. Will this help? In terms of percentage of trucks, I think the 5% would cover us as truck traffic may seem high today but is anticipated to decrease with the hope of redevelopment. For the FIR, the City had us use 6" HMA over 6" ABC as that is typical for most their streets. Please let me know if this information will suffice or if you need additional info. Thanks Bob, Jason From: Seyer, John M. Sent: Monday, January 31, 2011 2:04 PM To: Wenger, Jason; Kolkman, Laycee Subject: RE: Linden Street - Fort Collins Jason — The data that we have is likely not what they like to use for pavement design, but here it is anyway: ADT on Linden Street, northeast of Willow Street 1. Existing = 3,910 (projection based on existing TMCs and ADT southwest of Willow) 2. 2030 = 6,400 ' ADT on Linden Street, southwest of Willow Street 1. Existing = 3,128 2. 2030 = 6,800 ' The counts provided by the City (existing volumes southwest of Willow) did not include percentage of trucks. Given that most of the traffic through this area is commuting and visitor traffic, and given that the projected land use that contributes to the 2030 projections was primarily residential and specialty retail, I'd be comfortable with a 5% heavy truck percentage assumption. ' I hope that this helps. John M. Seyer, PE, PTOE ' HDR ONE COMPANY I Many Solutions 419 Canyon Avenue, Suite 316 Fort Collins, CO 80524 Phone: 970.419.4388 x4407 I Fax: 970.419.4389 E-mail: john.seyer@hdrinc.com From: Bob LaForce [mailto_blaforce@yehl.net] Sent: Wednesday, January 26, 2011 10:02 AM To: Wenger, Jason ' Subject: RE: Linden Street - Fort Collins Jason, ' file://Z:\2010 Projects\210-218 Linden Street Ft CollinsUrafficTW Linden Street - Fort Col... 2/8/2011 Page 2 of 2 Do you have any traffic information for Linden Street. I will be out the remainder of the week with Bahram in Meeker, but I will try to get you some information as soon as I can next week. Bob LaForce Robert F. LaForce, P.E. Yeh and Associates 5700 East Evans Avenue Denver, Colorado 80222 Office (303)781-9590 FAX (303)781-9583 blaforce@yeh-eng.com file://Z:\2010 Projects\210-218 Linden Street Ft Collins\Traffic\FW Linden Street - Fort Col... 2/8/2011 Linden Street at Willow Street Ft. Collins, Colo. Yeh Project: 210-218 ' Appendix D- Pavement Designs 0 1 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Flexible Structural Design Module Linden At Willow in Ft. Collins 210-218 Linden Street ESALs MIA & ABC R =29 Flexible Structural Design 18-kip ESALs Over Initial Performance Period 945,000 Initial Serviceability 4.5 Terminal Serviceability 2.5 Reliability Level 90 % Overall Standard Deviation 0.44 Roadbed Soil ResilietitModulus 6,629 psi Stage Construction 1 Calculated Design Structural Number 3.48 in Specified Layer Design Struct Drain Coef. Coef. Thickness Width, Calculated Laver Material Description (Ai) Mai (Di)(in) (ft) SN in 1 HAM 0.44 1 6 12 2.64. 2 ABC 0.11 1 8 12 0.88 Total - - 14.60 - 152' Layered Thickness Design Thickness precision Actual Struct Drain Spec Min Elastic Calculated Coef: Coe£ Thickness Thickness Modulus Width Thickness Calculated Laver Material Description (Aj) Mai i in (Di)(in) si (ft) in SN in 1 Full Depth HMA 0.44 1 - 7.91 3.48 Total - 7.91 3.48 Page 1 Linden St in Ft. Collins - LTPP Binder Selection Station 10 CO8839 /C03003 CO2759 CO5116 C00183 , ;Courdymitrict- larimer larimer larimer boulder boulder . Weattwr Station waterdale fort collins estes park longmont 2 ese allenspark 2 nn Elevation in 1481 1417 2131 1402 2356 Latitude,Longitude 40.43 ,105.2 40.58,106.08 40.38,106.52 40.17,106.07 411.22,105.53 Leaf Year Data Available 1997 1997 1993 1997 1993 Air Temperature Mean ( Std, If Mean (Std, N) J Mean (Std, H) I Mean (Sttl, H j Mean ( Sid, N ). High Temperature 33.7 (13,35) 33 (13,36) it(13,29) 35 (14,36) 27.3 (14,22) _ _ Low Temperature .26.5 (37,35) -24.6 (36,35) -28.8 (40,30) _26.7 (40335) -29.2 (80,22) Low Temperature Drop 32.4 (33,35) 27.4 (21,35) 29.7 (28,30) 33.6 (35,35) 30.6 (99,22) Degree -Days > loc - 2772 (198,35) 2719 (146,35) 1981 (145,29) 2981 (162,35) 1659 (213,22) PG _High Low Rel.. High Lew Rel. (High Low:ReL (High Low Rel. (High Low .Rel. PevementTemperature, C-. 54.6 -18.4 54.2 -17.1 47.2 -20.1 66.4-18.5 43.8 -20.3 150%Reliability PG 58-22 (98,85) 58-22 (98,93) 52-22 (98,71) 58-22 (91,84) 46-22 (98,61) >50%Reliability PG - 58-28 (98,98) 58-28 (98,98) 52-28 (98,98) 58-28 (91,98) 46-28 (98,89) = "28 (98,98) 46-34(98,98) -- PG Chart Save :� Gancel Parameter 79 km ... B=15 km rC=28.km : _ 0=42 km E=4r' 2 mk 'Station 'Station ID - CO8839 /C03005 .yr CO2759 . /C05116 IC00183 _ ' 4858 4648 6989 4690 7727 �Degree4lays NO C 2772 2719 1981 2981 1669 Low Air Temperature, C .26.5 -24.6 -28.8 -26.7 -29.2 Low Air Temp. Sid Oeu 3.7 3.6 4 1 4 8 .,Input Data- Latitude, [)agree 40.55 11 Lowest Yearry Air Temperature, C. 727 272 - Yearly Degree-Days>10 Deg.0 2422 -Low Air Temp. Standard Dev., Deg C - q 7 t 11 FTemperature Adjustmems-- ' Base HT PG I 'Desired Reliability, % ,.Depth of Layer, mm 0 3 Traffic Loading. Fast Slow. I Up to 3 M. ESAL 1 1 2.8 7.8 10.3 i 3 to 10 M ESAL - j10 to 30 M. ESAL , 13.2 15.5 {Above 30 M. ESAL 117.7 PG Temperature - - HIGH LOW PG Ternp at 50% Rekabdty T T 51.5 -19.0 PG Temp. of Desved Rebabllitq 53.8 -21.1 'Adjustments for Traffic Adjustments for Depth 0.0 0.0 'Adjusted PG Temperature _ -` 53.8 -27.1 'Selected PG Binder Grade _ _ 58 -28 Recalculate PGI Save C Cr ancel, Itt IV. On Track Safety Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations — 49CFR214, Subpart C and Railroad's On -Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange, reflectorized workwear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On -Track Safety for the type of work being performed. Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. Equipment A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from Railroad's property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: • Familiar and comply with Railroad's rules on Iockout/tagout of equipment. • Trained in and comply with the applicable operating rules if operating any by -rail equipment on -track. • Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound equipment. B. All self-propelled equipment must be equipped with a first -aid kit, fire extinguisher, and ' audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment ' unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working ' area of the crane and the minimum clearances to overhead powerlines. General Safety Requirements A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On -Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. Addendum 1 — 7244 Linden Street Streetscape Page 23 of 24 1 I 1 I 11 D. All employees comply with the following safety procedures when working around any railroad track: (i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. Addendum 1 - 7244 Linden Street Streetscape Page 24 of 24 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS SOILS REPORT t SECTION 00020 INVITATION TO BID Rev10/20/07 Section 00020 Page 2 SECTION 00020 INVITATION TO BID Date: May 19, 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 June 13, 2011, for the Linden Street Streetscape; BID NO. 7244. I£ delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 7244 Linden Street Streetscape. The Work includes reconstructing 1000 LF of Linden Street including aggregate base, asphalt, curb, sidewalks, sidewalk pavers, landscaping, irrigation, pedestrian lighting, electrical service, decorative concrete hard features and decorative steel work features. The Contractor will provide Traffic Control. The City will provide Construction Survey. Material Testing will be provided by the City and performed by CTL Thompson, Inc. This is a Federally funded project and the UDBE goal is 10%. Contractors must turn in CDOT Bidding forms 606 and 714 with the bid. Bids will not be accepted if these forms are not included. 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. 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. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 a.m., on May 26, 2011, in the Training Room (2E) located at 215 N. Mason Street, 2nd floor, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: • City of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login. Bids will be received as set forth in the Bidding Documents. Rev10/20107 Section 00020 Page 1 I 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 By James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director Rev10/20/07 Section 00020 Page 2 SECTION 00100 INSTRUCTIONS TO BIDDERS I I ' SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the ' Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or ' Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the ' Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. ' 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, ' 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Rev 10/20/07 Section 00100 Page 1 of the El Burrito property. The conduit and any necessary asphalt patching will be paid separately under 3" conduit and asphalt patching line items. ii. LCC2 is 10 LF of wiring that will run from the controller to the transformer at the northwest corner of The Open Door Mission. The conduit will be paid separately under 3" conduit. iii. Any fees from the Utility Department will paid through the contractor and reimbursed by the City through the line item 700- 70230 F/A Utility Lines. Addendum 2 7244 Linden Street Streetscape Page 3 of 8 ' Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would ' impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other ' contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to ' familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may ' in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. ' 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. ' 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon ' performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that , the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. , Rev 10/20/OT Section 00100 Page 2 ' I [1 11 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. Rev 10/20/07 Section 00100 Page 3 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. If a specific product type or brand of material or equipment is indicated on the drawings or specified in the specifications, three types of such product will be listed and the bidder may use anyone of the three or an approved equal, if the equal is acceptable to the engineer. The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of SUMS. 11.3. Bids by corporations must be executed in the corporate name by the Rev10120/07 Section 00100 Page 4 I ' 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. Rev10/20/07 Section 00100 Page 5 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. Rev10/20/07 Section 00100 Page 6 0 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest ' responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. ' 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be ' accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ' fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each ' counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. ' 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and Rev 10/20/07 Section 00100 Page 7 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 Rev10/20/07 Section 00100 Page 8 I SECTION 00300 BID FORM I 0 1 t J SECTION 00300 BID FORM PROJECT:7244 Linden Street Streetscape Place 'a N'le4c, Co Date ia -Lo%l 1. In compliance with your Invitation to Bid dated ACLU jti 201L 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 51 of -4I-Ufa XVVLU.iA iZtai (S ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: QC 1 SC:. i'.[c: Sy,ctirr�t.ce �ov.,,.hM.ue •t- 4 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 Rev10120107 Section 00300 Page 1 I [1 CITY OF FORT COLLINS LINDEN STREET STREETSCA PE DESIGN Bid Tab ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE COST 201-00000 Clearing and Grubbing L S 1 4. i:' 4, Val^) 202-00026 Removal of Slope and Ditch Paving SY 32 y�[ 202-00080 Removal of Pipe Boaard EACH T y�Ll ' 202.00156 Removal of Planter Wall S iall Planter Box SF 656 f /o� _I�� 202-00160 Remmalof Wall El Burrito) (Special) SF 80 3� ^ (�J 1io�. 202-00203 Removal W Curb and Culler LF 559 394 r 202-00nil Removal of Sidmvelk SY 609Tv/l 3 202.00206 Removal of Sidewatk(Special)- Me!al Sidewalk Underorain I EA v`+�E�Ol.�U 202-00210 Removal of Concrete Pavement SY 52 -)SJ 202.00220 Removal of Asphalt Mal 6- de h SY 312.t 202-006fO Removal of Railroad Track LF 36 202-01000 Removal of Fonce LF 422 14 203.00000 Unclassified Excavation CY 3100 }— 1 • •TJ J{q 203-00100 Muck Excavation CY 1500 4•��l/1}5 203-01596 Potholin with Surveying and Stationing of U/G Utilities LS I o Wo (O���i����)'' 206.00065 Structure Backlill Ilow-till CY 100 l-i5 ^ 1 a Sw 208-00002 Erosion L 121nch LF 100 I I r ( 208-00011 Erosion Bales Weed Free EACH 18 .30 . !Vj 206.00020 Sill Fence LF 120 ` . J U 208-00045 Concrete vla5hout Structure EACH 1 -39L) r Jdn'[.� 208-00050 Slorm Drain Intel Profer-lion EACH 8i ) a C) 208-00070 Stabilized Construction Entrance EACH 4 iL�,f.1� .{� �Ou 208-00205 Emsipl Control Su cruiser HOUR 20 210.04005 Adjust Fire rant EACH 1 2f0.04010 Adust Manhole EACH 10 �.1�) V`r 3EX-) -� Addendum 2 — 7244 Linden Street Streetscape Page 4 of 9 [1 r CITY OF FORT COLLINS LINDEN STREET STREETSCAPE DESIGN Bid Tab REM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE COST 201-00000 Clearing and Grubbing L S 1 202-00026 Removal of Sloe and Ditch Paving SY 32 20240080 Removal of Pie Bollard EACH 7 202-00156 Removal of Planter Wall S ecial Planter Box SF 656 202-00160 Removal of Wall(El Bunito (Special) SF 80 202-00203 Removal of Curb and Gutter LF 559 202-00200 Removal of Sidewalk SY 609 202-00208 Removal of Sidewalk (Special) - Metal Sidewalk Underdrain 1 EA 202-00210 Removal of Concrete Pavement SY 52 202-00220 1 Removal of Asphalt Mat 6' depth) SY 312.1 202-00610 Removal of Railroad Track LF 36 202-01000 Removal of Fence LF 422 203-00000 Unclassified Excavation CY 3100 203-00100 Muck Excavation CY 1500 203-01596 Potholing with Surveying and Stationing of UIG Utilities LS 1 206-00065 Structure Backfill floc -fill CY 100 208-00002 Erosion L 12 Inch LF 100 208-00011 lErosion Bales Weed Free EACH 18 208-00020 Silt Fence LF 120 208-0O045 Concrete Washout Structure EACH 1 208-MSS Storm Drain Inlet Protection EACH 8 208-00070 Stabilized Construction Entrance EACH 4 208-00205 Erosion Control Supervisor HOUR 20 210-NO05 Adjust Fire Hydrant EACH 1 210-04010 Adjust Manhole EACH 10 Addendum 2 7244 Linden Street Streetscape Page 4 of 8 21a04015 Modil Manhole EACH i �/�r •�'1"Q •` 210.04017 MoMl Meter Pit EACH 1 210.04050 Adlvsl Valve Box EACH 6 i 3 n' j 090 .. 210-04060 Ad'um Water Meter EACH 12 212.00006 Seodin Native ACRE 11.2 212-=40 Soil Pr ration Lawn ACRE 0.2 3 212-00050 Sod SF 1216 IIse-o 212-00910 Or anic Amendment Soil CY 4 pp 213-00008 Mulchin Wo,,; Cnip)(Speciaq CF 2109 213%00061 M.1ching Tackifter LR 20 `1(�Tc 213-00065 Imm anic Mulch (Special) Pea Gravel SF 550 r '^U C-0 r 213.00070 Landscape Need Same, Fabric SY 62 213-00300 Conereto Landaoape Border LP 672 ,rr � `Y. L(c 213-00460 Metal Landsca a Border 3116x4 Inch LF 131 4. S i) 213.00500 Tree Grata EACH 22 `^r��7 Y`p�' Oct) �^ 214-00005 Landscape Maintenance 24 months) LS 1 a �'Ct� (J� cut; ^ 214-00220 Omiduwis Tree 21nCh CaliCalipl EACH 9 qQ 3,5 1c) 214-00230 Deciduous Two 31nch Caliper) EACH 21 5Vcr^ 214-00250 Decldums Shrub 15 Gallen Contain EACH 153 X* T t� � Y 214=00650 Evergreen Shrub 5 Gallon Container EACH 20 Goo 214-00910 Perennials 1 Gallon Container EACH 36 Q�•^ v+�`� �L6 21440960 Ornamental Grass I I Gallen Conlanw [S mw) EACH 392 �1' `� aq 216-MIS Sod Retention Blanket Excelsior SY 65 } c((i,, 9 304-06000 A22regalc Base Course Gass 61 TON 2.705 �S- 8 'r 306.01000 Recondilionin 12' De th SY 7.325 403.00720 Hat Mix Asphalt(Patching) AS Hall TON 50 I T �y �% •l 403-31821 Hot Mix As tall Gradi SG 10 PG 58-26 TON 6'f-' i�, i TO Sd�CJ 412.00605 Concrete Pavement 6 inch Residential Drivel Fast Track 24 hour Colored SY 17.4 40 -), ( O 412.00805 Concete Pavement 8 inchl Commercial Drivo Fasl Track 24 hour(Colored) SY 430.3 �C 3 (q, 412-01020 Concrete Pavement 10 nchl Fast Track 24 Hour Class P SY 207.E C� J ^ j� 1 (CI 14 1 M 420-00300 Geotoxlilo Reinlorci Sy 1A00 �• '�U 3 cicc) Addendum 2 — 7244 Linden Street Streetscape Page 5 of 9 1 I I 1 0 I 7 601.21020 Concreto Seahvall - Type A Precast (Special) EACH 1 `100 ,11 Oii7a) 601-21030 Concrete Seatwall - TyPe B Precast (Special) EACH 6 h 60140020 Masonry Wall Repair SF 100 604.50014 Two 131nlet Grating and Frame S cia0 Double Typo 13 EACH 6 607-11531 Fence(Spacial) Residential 1 Relocated Fence and Gates LF1 32 d 607.11532 Fence(Special) Residential Relocated Fence and Gale LF 44 �y1 607-11533 Fence (Special) Typo C Relocated Fence and Gale LF 135S" 607-11610 Fence (Special Type to - Ornamental Fence Panels EACH 38 3. CEYi)- ' f 4 607-11650 Fence (Special) Type 2.6'Wood Fence LF 31 aq ` qi 607-52000 Fence Special Ornamental Posts Surface Mount Fence Pos(s.SM) EACH 27 i Im 4�T. Z(,1 lL1U, 607-52010 Fence (Special) Ornamental Posts Concrete Fence Post Foolor-CF EACH 17 ( too S - "fle 607.53172 Fence Chain Link 721nch LF 215 1 q_ — �) 1'14V 607.60122 27 Fact Gate (Special) Steel Pipe Double SWIrg Gale) EACH 1 ,�U , 3- S (% 606.00000 ewalk Concrete Sid6-D Depth) SY 329.0 is �y �J 608-00010 Concrete Curb Ramp SV 120.0 )�(('r^ 1 T ` QzoY 608-00015 Trunwled Domes SF 310 � 77 608-00060 Stone Pavers SF 731 ,%(' cl i (0 608-00055 Granile Pavers(Special) EACH 12 0C',, :kr - 608.OW70 nterlocking Pavers 6-concrew, W SF 4634 rnuS I —I Y,J1b .`o 60600076 Street Name Text (Special)Sandblast and Stain EACH 10 �'" b is� (O 608-01000 Bituminous Sidewalk(3-De h) TON 18 1,4 $08.10000 Sidewalk Drain Concrete Chase EACH 2 41 3cz ,�, 0{ E�• 609-21020 Curb and Gutter Type 2 Section II-B LF 247 RU • [1 ' 609-21023 Curb and Gutter T e2 Section 11-81 S eclah 18-Head LF 1865 4o I fit, 613-0700 Pull Box(Special) (Spice Box 6 EA .-) - &IvO 613-01075 3141nch Electrical Conduit Plastic LF 40 613.01200 2 Inch Electrical Conduit Plastic LF 1500 613-01300 3 Inch Electrical Conduit Plastic LF 665"- 613-01470 Traffic Signal Conduil (Special) (Plastic)(Schedule 80)(2 each-2 inch and 2 eaeh- 3 inch par lineal loot) LF 350 1) a s ov ^ 613=10000 Wiring LS 1 .JL � 1V o0o •_ IAddendum 2 — 7244 Linden Street Streetscape Page 6 of 9 I 613-30005 Ught Standard and Luminaire Pedestrian EACH 19 613-40000 Concreta Fotmdalion Pad EACH 2 '1 ' ` q 5�+tc) 613-40010 Light Standard Foundalion EACH 19 613-50100 Liqhfiael Control Center EACH 2 cvz7 614-10145 Variable Message Sign LED i&noe Facedl DAY 40 "40 ' 819.40061 3/4-inch Service LF 45 R7 Txf) 6/9.50060 1 inch Plastic PleaLF 5,880 i yU r,U 619.50160 2 inch Plastic Pipe LF 495 520-00001 Field Office t0ass I EACH 620-00020 ISanlary Facility EACH 1 622-00010 Bicycle Rack EACH 9 622.00155 Planter Box e6al Pots EACH 33 622-00250 Bench EACH II J a—q 622.00270 Bollard Pedestrian EACH 4 (�f7/(�. Y^-1+7C5� 622,00271 Bollard Vehicular a -riat EACH 2 Jyy'TG.t '7 -a 622 00350 Trash RecC acle EACH 6 ]} rA dam.) i •a0 0 623-001 Irri anon LS I T blr'; 7�� oc - 623.01706 314 inch Baddlow Preventer EACH I 5 En .� - 623-07006 X4incl Water Meter EACH 623.09906 3/4' Tie -In To Existing Irricloiwi EACH I 62r.00000 Mobilization L S 1 ` 0�7, •, t 62"1000 1 Public Information Services HOUR 45 ( "Is (nE'7 630-00000 Flagging � c^i' (%OC) 630.00012 Traffic Contra) Mana emenl 4 vb 0, 630-10005 Traffic Control Devices L,800 63&80341 Conslruclion Traffic Sion Panel Size A 630.8042 Conslniction Trallic Sin (Panel Size B) { J f) ( ® n I 1 1 t C C t 1 Addendum 2 — 7244 Linden Street Streetscape Page 7 of 9 1 r k 0 I CONSTRUCTION BID ITEMS TOTAL: t iS3.11 8os—,cwl 700.70010 F/A Minor Contract Revisions F A I S 80,000.00 $60.000.00 700.70011 F/A Pannerin F A 1 $ 2.000.00 $2.000.00 700.70016 F/A Fuel Cost Adjustment F A 1 $ 5.000.00 $5,000.00 700.70017 F/A Landscape Establishment Incentive F A t $ 8,860.00 S1860.00 70070019 F/A Asphaft Cement Cost Arjusurrent F A 1 $ 5,000.00 $5.000.00 700.70022 F/A OJT Colorado Training Program FA I $ 525.00 $525.00 700-70360 F/A Erosion Control F A I S 51000.00 $5.000.00 700.70230 F/A Utiltly Lines F A I S 15,000.00 $15,000.00 700-70042 F/A Railroad Fla in FA 1 $ 30.01100 $30,000.00 700-70160 F/A 3/4' Tap Foe FA 1 $ 13,OOD.00 $13,000.00 FORCE ACCOUNT ITEMS TOTAL: ' TOTAL PROJECT COST: IN WORDS: L)V e- A4" .li01" Six Ru4c-42. O tvL .--I,� o �toL2SaAS. OUr. ("CI uk-e'Q. N I viL e k�j -C)o L"s cW.,a,. 1� cry ' ACCEPTANCE OF FUEL COST ADJUSTMENTS: t Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of Section 109 - Fuel Cost Adjustment. To accept this standard special provision, the bidder must fill in an "V next to "YES" below. No Fuel Cost Adjustment will be made due to fuel cost changes for bidders who answer "NO". If neither line is marked, the Department will assume the bidder rejects Fuel Cost Adjustments for this project. After bids are submitted, bidders will not be given any other opportunity to accept or reject this adjustment. ' (Mark only one line with an "Xrr): YES, I choose to accept Fuel Cost Adjustments for this project NO, I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is marked, the default is "NO", I choose NOT to accept Fuel Cost Adjustments for this project n 1 Addendum 2 — 7244 Linden Street Streetscape Page 8 of 9 I 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: CONTRACTOR BY: ETke-'Qegr_V- -6L4'ojwn� bI a/2olt Signature 0 Date Utce- Presdeu-1 Title cense Number (If Applicable) (Seal - i Bi is by co,p at4or}q Attest Cl t�� A dress ({ W . Bt'X�pn�p I1111- 7 LA (efo,- . Co 80kw Telephone 30�-+qS-2S92 Email V_CeeCCc aec6L1('E-c&16,— Rev10/20/07 Section 00300 Page 7 0 COLORADO DEPARTMENT OF TRANSPORTATION ROJECSNTO_C tit�lss_oQ3 (6�i 3& ANTI -COLLUSION AFFIDAVIT LOCATION\ ' 'Fo r f CC U. tuts c' ' I hereby attest that I am the person responsible within my firm for the final decision as to the prlce(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: ' 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the. price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to ' refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any Intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or ' services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive. or other form of complementary bid or agreeing or promising to do so on this project. ' 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. 1 understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. ' I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. ' Contractor's firm or company name yt By Date/ r�'v`CV l �.Q+th, ytliL� ��y�.j+lrt��A Ci�j[, Tine `� U G (3 U� i�IS-eILA ' 2nd'Contractors lime or tympany name. (II joint venture.) By Date Title ' Sworn to before me this day o 20 / f - Notary IuNo My CM71 IM exp�e7g i f ' NOTE: This document must be signed in in 9' B�\� CDOT Form 0606 1102 �I COLORADO DEPARTMENT OF TRANSPORTATION Project #: BIDDERS LIST DATA and UNDERUTILIZED Si DBE (UDBE) BID CONDITIONS ASSURANCE Location: Fc�¢ CO Prime Contractor Instructions: This form has two sections, both must be completed and submitted with your bid. Complete Section I to list aff 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 CDOT Form #715 instructions before completing Section H. 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 26.11, the Bidders List data provided by the Contractors will provide CDOT as accurate data as possible about the universe of DBE and non -DBE firms actively seeking work on its highway construction contracts, for use in setting overall DBE goals. SECTION I: CDOT BIDDERS LIST INFORMATION (Non -DBEs and DBEs) 1) . Are all subcontract bids (quotes) received by your firm for this project listed below? IV Yes ❑ No 2) If No, make certain any additional subcontract bidding information is submitted to the CDOT Business Programs Office before 4:00 pm on the day after bids are opened to ensure CDOT has the best data possible for setting future DBE goals (use the same table format as below): CDOT Business Programs Office 4201 E. Arkansas Ave., Room 200 Denver, Colorado 80222 FAX: 303-757-9019 EMAIL: eo@dot.state.co.us 3) The most recent CDOT Bidders List will be posted online at: www.dot.state.co.us/EEO/DBEProgramPage.htm Name of firm submitting Bid/Quote Certified DBE firm? Work item(s) description Firm being 11 used? Yes No Yes No pp 1. �t'ti f cC(L4° I�SSC`(tw�! xC& ' n ,,q(y, C', JqC>ahWC ZLtCt: ' X 2. � tt C- 44� 3 .DikSiA Coo-ccue-fe k 4ntcs�t�p=i 4. FGtd e. `Quty. x +'Sp�tu iT �CZ%ALy x _ �— 6. • 1 r-cW t- C. �Q-S�t's5 k �Fct:(-�i c, Lu.�' Jc-tC. i� 7. Cr { Ilk- IV& -Ole 8. C- K lzc1. v-tnecol — 1C��DN 1(e-J'rrte- 1 9. SJer. 1C�hh lr7U�S�itC(rrc X kq(7t1(LX` \ayIvt x 10. •}— / 12. �Cr_+k5' Ca `C) tkC e X tncseAe x 13. 14. Page 1 of 2 Previous editions are obsolete and may not be used Cool Form #714 4M I : Name of firm submitting Bid/Quote Certified DBE firm? Yes No Work item(s) description Firm being used? Yes No �a 1'5. 16. 17. 18. 19. 20. ' SECTION If: UNDERUTILIZED DBE (UDBE) PARTICIPATION COMMITMENT 1 1) Total eligible Underutilized DBE (UDBE) percentage amount from Box A below: % 2) Will your company's Underutilized DBE (UDBE) participation commitment meet the contract goal? Yes C) 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 item(s) /o Commitment toward DBE Goal' 1. t✓Y2� 1V� Z \Scc SE, �31 J11c, %+t}�i.TG 2 .�,1�e.r�y, tit [e�5-r3S °/ ° 2. % 3. % 4. % 5. % BOX A: TOTAL ELIGIBLE UDBE PERCENTAGE AMOUNT (Round to nearest hundredth) ` Detailed instructions on how to calculate DBE commitment amounts are available on CDOT Form #715 and in the "Counting DBE Participation Toward Contract Goals and CDOT's annual DBE goal" section of the "DBE — Definitions and Requirements" in the Standard Special Provisions. I understand that, if my company is determined to be the low bidder for the contract on this project, I must submit a completed CDOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION for each firm listed in Section II of this form to the Transportation Department by 4:00 pm on the third work day after the day bids are opened. The actual amounts submitted on each CDOT 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 CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before 4:00 pm on the dayafterbids are opened. CDOT Form #715s submitted for firms not included on this form, OR for amounts exceeding those listed on this form, will be accepted but NOT counted as Good Faith Efforts. Only the efforts the contractor made priorto 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 Nam , %Ae t I GM5'f✓'U.i_,'� OJ3 IK C, Date: Company Offic—eog'naturet v �L• Title:, r ,) ,2.. vie(? ��CeSt�X D—q ., ` icJl wvi rorm Ntl4 4/U6 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Section 00430 Page 1 11 11 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned American Civil Constructors, 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 ** $ 5% ofbid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns.*SafecoInsurance Company ofAmerica ** Five Percent of the Total Amount of the Bid 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, 7244 Linden Street Streetscape. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of Said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain, in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received; hereby stipulates and agrees that the obligations of said Surety and its BOND shall. be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. ' Rev 10/20/07 Section 00410 Page 2 210-04015 Modify Manhole EACH 1 21044017 Modify Meter Pit EACH 1 21044050 Adjust Valve Box EACH 6 21044060 Adjust Water Meter EACH 12 212-00006 Seeding Native ACRE 0.2 212-00040 Sail Pre aradon Lavin ACRE 0.2 212-00050 Sod SF 1216 212-00910 Or anic Amendment Soil CY 4 213-00008 Mulching Wood Chi S ecial CF 2109 213-00061 Mulching Tackifier LB 20 213-00065 Inorganic Mulch (Special) Pea Gravel SF 550 213-M70 lLandscape Weed Banner Fabric Syl 62 213-00300 Concrete Landscape Border LF 672 213-M60 Metal Landscape Border 3/16x4 Inch LF 131 213-00500 Tree Grate EACH 22 214-ODW5 Landsca a Maintenance 24 months LS 1 214-00220 Deciduous Tree 2 Inch Caliper) EACH 9 214.00230 Deciduous Tree 3Inch Caliper) EACH 21 214-0350 Deciduous Shrub 5 Gallon Container EACH 153 214-00650 Evergreen Shrub 5 Gallon Container EACH 20 214-00910 Perennials 1 Gallon Container EACH 36 214-00960 Ornamental Grass 1 Gallon Container S ecial EACH 392 216-OW15 Soil Retention Blanket Excelsior SY 65 304-06000 Aggregate Base Course Class 6 TON 2,705 306-01000 Reconditioning 12' De0th SY 7,325 403-00720 Hot Mix Asphalt(Patching) (Asphalt) TON 50 403,32821 Hot Mix Asphalt Grading SG 100 PG 58-28 TON 1,994 412-00605 Concrete Pavement 6 inch Residential Drive Fast Track 24 hour Colored SY 17A 412-00805 Concrete Pavement 8 inch Commercial Drive Fast Track 24 hour Colored SY 430.3 412-01020 Concrete Pavement 10 inch Fast Track 24 hour Class P SY 207.8 420-00300 Geotextlle Reinlorcin SY 1,000 Addendum 2 ' 7244 Linden Street Streetscape Page 5 of 8 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this 9th day of June , 20 11 , 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 SURETY Name: American Civil Constructors, Inc. Safeco Insurance Company of America Address: 1601 W. Belleview Avenue 330 No. Brand Blvd., Suite 500 Littleton, CO 880120 Glendale, CA 91203 By: WL`I1. i} ?^ By: ` Title: Titl Jeri Apo a, Attorney n Fact ATTEST. By./'-/U A i (SEAL) (SEAL) ' 2 Rev10120/07 Section 00410 Page 3 I �I C 11 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Ora On JUN O 9 2011 before me; K. Luu; Notary Public (Here insert name and title of the officer) personally appeared Jeri Apodaca who proved to me on the basis of satisfactory evidence to be the person(x) whose nam4x) is/&e subscribed to the within instrument and acknowledged to me that he/she/tblxy( executed the same in kk/her/#X*Rauthorized capacity(ieQ, and that by WN/her/ftiRsignature(9) on the instrument the person(s), or the entity upon behalf of which the person(g) 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 d and official seal.t commission # r77cte,l Ij Notary Public Coiirornla Ft-fj — Oranoo County > `,.. (Notary Seal)..... 1yCorrn.Ey);il•°,Navr.2011 Signature of Notary Public "��'m�!-� ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual(s) ❑ Corporate Officer (Title) ❑ Partner(s) 19 Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califarnio must contain verbiage exactly. as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a documenr so long as the verbiage does not require the notary to do something that is illegal for a notary in California (Le. cart j5oing the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording aid attach this form lfrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/sheldwy— is /w ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression most be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, rc-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document Safeco Insurance Company of America General Insurance Company of America I ibei'ty POWER 1001 4th Avenue ' OF ATTORNEY seneiyoo Seattle, WA 98154 No. 9675 KNOW ALL BY THESE PRESENTS: , That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **RHONDA C. AUEL; JERI APODACA; LISA K. CRAIL; LINDA ENRIGHT; JANE KEPNER; NANETTE MARIELLA-MYERS; MIKE PARIZINO; RACHELLE RHEALILT; JAMES A. SCHALLER; Irvine, California*****'-*******"***.....*********** ' its true and lawful atlorney(s)-in-fact, with full authority to execute on Its behalf fidelity and surety bonds or undertakings and other ' documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents ' this 21st March 2009 day of .XkDU.�Q,���Qu 1 Dexter R. Legg, Secretary Timothy A. Mikolajewski Vice President CERTIFICATE , Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as ' attorneys -in -fact or under other appropriate tiller with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; ' provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any(. certificate executed by the Secretary or an assistant secretary of the Company setting out, ' The provisions of Article V, Section 13 of the By -Laws, and (il) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY ' OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation , JUN 0 9 2011 this day of Qa�CF co/goCE COMp9 ' 0R4Tt CORPORATE p SEAL w S.EAL�� 1953 a+ a ls2� ' F4! wAsM �df°aVYaSn���� Dexter R. Legg, Secretary S-0974IDS 3/09 WES PDF ' SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: ("-� 2. Permanent main office address: 3. When organized: 1q'/D ' 4. If a corporation, where incorporated: i 5. How many years have you been engaged in the contracting business under your present firm or trade name? 71 6 Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. General character of Work performed by your company: '!2t1JL A7✓ID //%MSia^: />Ji� 5777 G7/O1! 8. Have you ever failed to complete any Work awarded to you? / 4(9 If so, where and why? ' 9. Have your ever defaulted on a contract? If so, where and why? ' 10 11 Are you debarred by any government agency? If yes list agency name. Rev 10/20/07 Section 00420 Page 1 11 12 13 List the more important projects recently completed by your company stating the approximate cost of each, and the month and year completed,, location and tvoe of construction. List your major equipment available for this contract. Experience in construction Work similar in importance to this 1 14. Background and experience of the principal members of your organization, including officers: 15 16 Credit available: $ H % V4/4/42- l3�tS,virsfsw/; f�r� c+Vc (S,rru/G Bank reference: 7.46 A'?,w /7l�ttClyL �Y ll?9YI ��31) 5��)- 17. will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General CONTRACTOR?�J�7 If yes, in what city, county and state?�What class, license and numbers? 19. Do you anticipate subcontracting Work under this Contract? *s If yes, what percent of total contract? 144 and to whom? SEE. AT-rRC,f ,Ej� 20. Are any lawsuits pending against you or your firm at this time? ,t/A IF yes, DETAIL Rev10/20/07 Section 00420 Page 2 21 I I What are the limits/bf your public liability? DETAIL What company? •'22. What are 's bonding limitations? Up 7V'1 G997�/,r92,s 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 Lt-tt(e 1Ao%- C6 this J3 day of Tuv%e_ 201(. Ameu-1C,, rkjors zinc, Name of igdaer ^ ` By: I I u fijfyh� Title: Ukee-'R-ei t%&t 1 ` State of Cptnra-A County of Arop"- ,7ie- is U(ce- aE-'&k&I &t of�nGxwCLIJLk C609fVUAV,-i jAand that - - -- - (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of VLl,ne 20A. Notary Public�oTA9 (�1 % } My commission expires Rev 10/20/07 M Section 00420 Page 3 9 L I SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 10% of the contract. SUBCONTRACTOR I Section 00430 Page 1 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed I 1 1 SECTION 00510 NOTICE OF AWARD Date: June 28, 2011 TO: American Civil Constructors Inc. PROJECT: 7244 Linden Street Streetscape OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated May 19, 2011 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7244 Linden Street Streetscape. The Price of your Agreement is One Million Six Hundret Ninety -Two Thousand One Hundred Ninety Dollars and Ninety Cents ($1,692,190.90). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by July 15, 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 bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER By: am s B. O'Neill, II, CPPO, FNIGP i ector of Purchasing & Risk Management Section 00510 Page 1 11 C� i 1 1 1 1 1 i 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 28th day of June 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 American Civil Constructors Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7244 Linden Street Streetscape. ARTICLE 2. ENGINEER The Project has been designed by HDR Engineering, Inc., who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The work shall be Substantially Complete within seventy-five (75) 1 calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within thirty (30) calendar days after the date when the Contract Times commence to run. 1 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. 1 They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. ' 1) Substantial Completion: Two Thousand Dollars ($2,000.00) for each calendar day or fraction thereof that expires after the seventy-five (75) calendar day 1 Section 00520 Page 1 1 I r L _J H I [1 1 601-21020 Concrete Seatwall - Type A Precast (Special) EACH 1 601-21030 Concrete Seatwall - Type B Precast (Special) EACH 6 60140020 Masonry Wall Repair SF 100 60450014 Type 13 Inlet Grating and Frame (Special) Double Type 13 EACH 6 607-11531 1 Fence (Special) Residential 1 Relocated Fence and Gates LF 32 607-11532 Fence (Special) Residential2 Relocated Fence and Gate LF 44 607-11533 Fence (Special) Type C Relocated Fence and Gale LF 135 60741610 Fence (Special) Type 1A - Ornamental Fence Panels EACH 38 607.11650 1 Fence (Special) Type 2 - 6' Wood Fence LFI 31 60752000 Fence (Special) Ornamental Posts Surface Mount Fence Posts-SM EACH 27 60752010 Fence (Special) Ornamental Posts Concrete Fence Post FooterLF EACH 17 607-53172 Fence Chain Link 72 Inch LF 215 607-60122 127 Foot Gate (Special) Steel Pie Double Swing Gate EACH 1 608-00000 Concrete Sidewalk 6' Depth) SV 329.0 608-00010 Concrete Curb Ramp SV 120.0 608-00015 Truncated Domes SF 310 608-00060 Stone Pavers SF 731 608-00065 Granite Pavers (Special) EACH 12 608-00070 Interlockin Pavers 6' concrete bed SF 4634 608-00076 Street Name Text (Special) Sandblast and Stain EACH 10 608-01000 1 Bituminous Sidewalk 3-Depth) TON 18 608-10000 Sidewalk Drain Concrete Chase EACH 2 609-21020 Curb and Gutter Type 2 Section II-e LF 247 609-21023 Curb and Gutter Type 2 Section II-B (Special) 18' Head LF 1865 613-0700 Pull Box (Special) (Splice Box) 6 EA 613-01075 314 Inch Electrical Conduit Plastic LF 40 613-01200 2Inch Electrical Conduit Plastic LF 1500 613-01300 3Inch Electrical Conduit Plastic LF 665 613-01410 13 Traffic Signal Conduit (Special) (Plas6c)(Schedule 80)(2 each-2 inch and 2 each- inch per lineal foot) LF 350 613-10000 lWinng LS 1 Addendum 2 7244 Linden Street Streetscape Page 6 of 8 I I 1 period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the thirty(30) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE ' 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($1,692,190.90), One Million Six Hundred Ninety -Two Thousand One Hundred Ninety Dollars and Ninety Cents, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES I .CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Section 00520 Page 2 L i 1 I Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. Section 00520 Page 3 ' 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: 1 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 7.2.6Application for Payment ' 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: ' Sheet G-01 Cover Sheet Sheet G-02 General Notes Sheet Sheet G-03 G-04 Construction Notes Standard Reference Drawings Sheet C-01 Typical Sections Linden Street Sheet C-02 thru C-05 Summary of Quantities Sheet C-06 Overall Roadway Improvement Plan ' Sheet C-07 Ownership Map Sheet C-08 Demolition Plan ' Sheet Sheet C-09 C-10 Roadway Geometry Plan Roadway Geometry Tables Sheet C-11 thru C-16 Plan and Profile Sheets Sheet C-17 thru C-19 Driveway Access Plan Sheet C-20 Linden/Willow Intersection Details Sheet C-21 Signing and Striping Plan Sheet C-22 Erosion Control Plan Sheet C-23 thru C-25 SWMP Plan ' Sheet CD-1 & CD-2 Details and Standard Drawings Sheet LS-01 thru LS-04 Landscape Site (Streetscape) Sheet LS-05 thru LS-08 Landscape Layout/Jointing Plan (Streetscape) ' Sheet LD-01 thru LD-08 Landscape Site Details Sheet L-01 thru L-02 Landscape Plan Section 00520 Page 4 I ' Sheet Sheet IR-01 IRD-01 thru thru IR-03 IRD-02 Irrigation Notes/Plan Irrigation Details Sheet LI-01 thru LI-02 Roadway Lighting Plan Sheet LI-03 Lighting and Electrical Schedules Sheet LID-01 thru LID-02 Lighting and Electrical Details Sheet CS-01 thru CS-04 Roadway Cross Sections 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 consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. Section 00520 Page 5 OWNER: CITY OF FORT COL INS By: DARIN ATTEBERQRY, CITY MANAGER Date: �'I v 1 I By: JAME Date: Attest: INEILL II, CPPO, FNIGP OR OF PURCHASING RISK MANAGEMENT City Mert Address for giving'Qptic��� C� P t� P. 0. Box 580 Fort Collins, CO 80522 Approv_P4 ps to Assi$tanV City Pttorney CONTRACTOR: American Civil Constructors Inc. By: "'A Title: C t'P4� &'k Date: � — -")o 11 (CORPORATE SEAL) Att st: Address for giving notices: LICENSE NO.: Section 00520 Page 6 I [I U SECTION 00530 NOTICE TO PROCEED Description of Work: 7244 Linden Street Streetscape To: American Civil Constructors 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: American Civil Constructors Inc. By: ' Title: 1 Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. 024040563 KNOW ALL MEN BY THESE PRESENTS: that American Civil Constructors Inc. 1601 W. Belleview, Littleton, CO 80120 (an indiy-jAnal), (,a.2e.rr_nerahig), ( Corporatiop), hereinafter referred to as the "Principal" and ( Firm) Safeco Insurance Company of America (Address) 330 No. Brand Blvd., Suite 500, Glendale, CA 91203 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 One Million Six Hundred Ninety -Two Thousand One Hundred Ninety Dollars and Ninety Cents ($1,692,190.90) 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 28th day of June, 2011, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7244 Linden Street Streetscape. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during. the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void, otherwise to remain in full force and effect. Rev 10120/07 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or I to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 6th day of July 2011. I I PRESENCE OF Principal n Civil Constr t s Inc. (Title 1601 W. Belleview, Littleton, CO 80120 1 (Address) (Corporate Seal) IN PRESENCE OF: Other Partners 1 By: 1 fly. IN PRESENCE OF: surety Safeco Insurance Company of America By: 1 / po orney rT act — Rhonda C. Abel, Witness By: 330 No. Brand Blvd., Suite 500, Glendale, CA 9 ! 20'__ (Address) 1 (Surety Seal) 1 NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 1 i �evioi20iCT Section 00610 Page 2 1 1 I 1 1 F' L t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On JUL 6 2011 before me, K. Luu, Notary Public Here Insert Name and Title of the officer personally appeared Jeri Apodaca Names) W Signer(s) K. LUU Commission # IM1641 Ft Notary Public • Calitornio z Orange County �-=-��'r� MyComm.Fx:�rasNart.2�11 e who proved to me on the basis of satisfactory evidence to be the person(g) whose name($) is/i�* subscribed to the within instrument and acknowledged to me that M/sheryftly executed the same in his/her/tilt authorized capacity(W), and that by ffid/her/tNt& signature(5) on the instrument the person($), or the entity upon behalf of which the person($) 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 any official seal. Place Notary Seal Above Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, tt may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): — ❑ Partner — ❑ Limited ❑ General IN Attorney in Fact ❑ Trustee ❑ Guardian or Conservator CI Other: Signer Is Representing RIGHTTHuruIePRINT OFtSG N0 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUNBPRINT OF SIGNER ggGCgc�✓G:✓G�.GL.GL.'-'i'�:�!.dq✓G�✓GCi.';'!G�YG�✓G�.G��!...:G�: �haG\u,'��G�f�GCa� '�;GC�"✓OC�'�GC✓,G--✓Ad0.: �'✓"dG`. "'✓G��.K'!G:�:a\.�� 613-30005 Light Standard and Luminaire Pedestrian EACH 19 613-40000 Concrete Foundation Pad EACH 2 613-40010 Light Standard Foundation EACH 19 613-50100 Lighting Control Center EACH 2 614-10145 Variable Message Sin LED (Single Faced - DAY 40 619-40061 314-inch Service LF 45 619-50080 11 inch Plastic Pie LF 5,880 619-50160 2 inch Plastic Pie LF 495 6204MI Feld Office Class 1 EACH 1 62040020 Sanitary Facility EACH 1 622-00010 jBicycle Rack EACH 9 622-00155 Planter Box (Special) Pots EACH 34 622-00250 Bench EACH 11 622-00270 Bollard Pedestrian EACH 4 622-00271 Bollard Vehicular S ecial EACHI 2 622-00350 Trash Receptacle EACH 6 623-00100 Irnation LS 1 623-01706 3r4-Inch Backflm Prevenler EACH 1 623-07006 3/4-inch Water Meter EACH 1 623-09906 314' Tie -In To Existing Irrigation EACH 1 626-00000 Mobilization L S 1 626-01000 Public Information Services HOUR 45 630-00000 Ragging HOUR 1200 630-MO12 Traffic Control Management DAY 105 630-10005 Traffic Control Devices LS 1 630-80341 Construction Traffic Sin Panel Size A EACH 8 630-80342 Construction Traffic Sign (Panel Size B) EACH 10 Addendum 2 ' 7244 Linden Street Streetscape Page 7 of 8 I SECTION 00615 ' PAYMENT BOND Bond No. 024040563 ' KNOW ALL MEN BY THESE PRESENTS: that American Civil Constructors Inc. 1601 W. Belleview, Littleton, CO 80120 ' an 7nd; �1) , (a. Pa * r,,<-p) , a Corporation hereinafter referred to as the "Principal" and ( Firm) Safeco Insurance Company of America ' 330 No. Brand Blvd., Suite (Address) 500, Glendale, CA 91203 hereinafter referred to as "the Surety", are held and firmly bound unto the ' City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of One Million Six Hundred Ninety -Two Thousand One Hundred Ninety Dollars and Ninety Cents ($1,692,190.90) 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 28th day of June, 2011, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7244 Linden Street Streetscape. 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. 1 ' Rev1012oro7 Section 00613 Page 1 ' PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the ' Specifications accompanying the same stall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or ' to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim ' may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. ' IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 6th day of July 20 11. ' I PRESENCE O Princip&rAmenican Civil Constructors, Inc. By: ck S) (Title) ' 1601 W. Belleview, Littleton, CO 80120 (Address) (Corporate Seal) ' J 1 % IN PRESENCE OF: Other Partners 1 IN PRESENCE OF: Surety Safeco Insurance Company of America By: V 7 Y . A,e o e m ac'C�"""�" -, t Rhonda C. Abel, Witness By: 330 No. Brand Blvd., Suite 500, Glendale, CA V 3 (Address) (Surety Seal) ' NOTE: Date of Bond must not be prior to date of Agreement. I£ CONTRACTOR is Partnership, all partners should execute Bond. Rev 10/20/07 Section 00615 Page 2 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On JUL 6 2011 before me, K. Luu, Notary Public Oato Here Inset. Name aid Title of the icar personally appeared Jeri Apodaca Names) of Signer(s) K. LUUUU Cornmission # 177L1641 Notary Public - California Oronge £ County MyCcmM.ExpiresNov 6.2011 1 1 I 1 1 1 who proved to me on the basis of satisfactory evidence to be the person($) whose name(g) is/M subscribed to the within instrument and acknowledged to me that ifd/sheri executed the same in his/her/i authorized capacity(W), and that by K/g/her/tYW signature(B) on the instrument the person(t), or the entity upon behalf of which the person($) 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 arAd offidal seal. � Place Notary Seal Acme Signature (Sgnalure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Titie(s): ❑ Partner — ❑ Limited ❑ General Ltd Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing ------------- RIGHTTHUlABPRINT OF SIGNER in Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 7RIGHTTHUMBPRINT r'w✓,eC.�'.:rti.<vti "a"ti:T:-r•'<iy�er:-eJ':C✓;n✓:(ev.,�ei,�eq,Cq'-a'.:�Sne!gC :<Cei=�^1«ei''a' n�5'ti✓,4�:AA �,.-✓ -ei r',�✓, ✓<�F�"ne' E!Ae' THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4645898 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 70 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 RHONDA C. ABEL, JERI APODACA, NANETTE MYERS, MICHAEL D. PARIZINO, JAMES A. SCHALLER, RACHELLE RHEAULT, ALL OF THE CITY OF NEWPORT BEACH, 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 FIVE HUNDRED MILLION AND 00/100""""""'•""""""' DOLLARS ($ 500,000,000.00'---- "'' "" ) 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 - Officers: Section 12. Power of Attorney. j 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 m as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to actin behalf of the Corporation to make, y execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in- rn 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 c executed, such instruments shall be as binding as if signed by the president and attested by the secretary. 3 a 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, David M. Carey, Assistant Secretary of Safeco Insurance Company of America, is authorized to — 0 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 u any and all undertakings, bonds, recognizances and other surety obligations. W c E That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. `O C w IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of w Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 15th dayof June O 2011 d c f " SAFECO INSURANCE COMPANY OF AMERICA s' By Mo CD 795,3 CD David'M. Carey, A968tant Secretary w ci COMMONWEALTH OF PENNSYLVANIA ss O c COUNTY OF MONTGOMERY « y v On this lsth day of June 2011 before me, a Notary Public, personally came David M. Carly, to me known, and '� m acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal 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 m a direction of said corporation. w � IN TESTIMONY WHEREO , ve'subscribed my name and affixed my notarial seal at Plymouth Meetin Pennsylvania, on the day and year M first above written. rA0ONw C� -- c 0° YcLarf�' Foal 040 J• Cp �y Y Teresa I'anfe!ia, rJorary PoNo V P!ymmrth cp.. Montgomery Cn:;nty BY O tp OF Mycmw isrior,"Irw1w..28,2013 Tere Pastella, Notary Public F-.- CERTIFICATE 10, IV- Meirbur. Pe.^nsyvania Assxaation of Notancs tI, the undersigned, Vice Ps�q t BY' Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct cop`➢ i oAai orce and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attomey is an Officer 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 Sth 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. IN TESTIMONY WHEREOF, I have hereunto subscribed my nampeW4affixed the corporate seal of the said company, this day of ' u n e 20141 Gregory W. Davenport, Vice President 1 ' SECTION 00630 CERTIFICATE OF INSURANCE ' CONTRACTOR shall insert his own standard form for Certificate of Insurance. 1 t 1 1 Rev 10/20/07 Section 00630 Page I l I `'eC)R LI® CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 U7/`08/200111' 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(ies)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 CONTACT NAME Willie of Colorado, Inc. 26 Century Blvd. P. O. Box 305191 PHONE 877_945-7378 FAxNCII 888-467-2378 E-MAIL ADDRESS certificates@wwillis.com 3 Nashville, IN 7230-5191 INSURER(S)AFFORDING COVERAGE NAICN INSURERA:Arch Insurance Company 11150-001 INSURED American Civil Constructors, Inc. INSURERS: National Union Fire Insurance Company of 19445-001 INSURERC:Greenwich Insurance Company 22322-001 Division 201 4901 SWindermere St Littleton, CO 80120 INSURER D: INSURER E: INSURER F: ' COVERAGES CERTIFICATE NUMBER:16265889 REVISION NUMBER:See Remarks t 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. INSR TYPEOFINSURANCE DD'L lNgRin SUBR wvnI POLICYNUMBER POLICY EFF IMMmnfYYYY1 7/1/2010 POLICY EXP nmmjnnrtrYYYt, LIMITS A GENERAL LIABILITY Y 71PKG2326606 10/1/2011 EACH OCCURRENCE S 2 000 000 PREMISES EaEcocu $ 300,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR MED EXP(Any one person) $ 51000 PERSONAL B ADV INJURY S 2 QQQ 000 GENERAL AGGREGATE $ 4,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY X PRO LOC S A AUTOMOBILE LIABILITY 71PKG2326606 7/1/2010 10/1/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURV(Per person) $ NYAUTO AIx ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIREDAUTOS X NON -OWNED AUTOS PROPERTYDAMAGE (Peraccitlen0 $ $5, 000 Com X$0 Col Ded. Ded. S $ X �Iyy UMBRELLALWB OCCUR Y BE23465062 7/1/2010 10/1/2011 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED I X IRETENTIONS 10,00 S A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVEF—] NIA 71WCI2326507 7/1/2011 10/1/2011 X E.L. EACH ACCIDENT $ 11000,000 OFFICER/MEMBER EXCLUDED? �Mandatory. in NH) f yes, Oescli under DESCRIPTION OF OPERATIONS below I E.L. DISEASE -EA EMPLOYEE S 11000,000 E.L. DISEASE -POLICY LIMIT S 1,000,000 C PECO02352503 7/1/2010 10/1/2011 Contractor's Pollution $5,000,000 Occurrence $5,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach Acord 101, Additonal Remarks Schedule, If more apace Is required) THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 7/7/2011 WITH ID: 16262172 Project: 7244 Linden Street Streetscape This Certificate of Insurance represents coverage currently in effect and may or may not be in compliance with any written contract. CERTIFICATE HOLDER CANCELLATION ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THER F, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLI PROVISIONS. AUTHORIZED REPRESENTATIVE ' City of Fort Collins P.O. Box 580 Ft. Collins, CO 80522 Coll:3413517 Tpl:1299180 Cert:16265889 @1988-200AC RD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:HRH65735 LOC#: '4� ADDITIONAL REMARKS SCHEDULE Page 9 of 2 AGENCY NAMED INSURED American Civil Constructors, Inc. Willis of Colorado, Inc. Division 201 4901 SWindermere St Littleton, CO 80120 POLICY NUMBER See First Page CARRIER NAIC CODE I EFFECTIVE DATE: See First Page See First Page 1DDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The following are Additional Insureds as respects General Liability and Umbrella only if required by written contract and coverage applies only as respects work performed by the Insured for the Additional Insureds. All coverage terms, conditions and exclusions of the policy apply. Additional Insureds: City of Ft. Collins, State of Colorado , and Union Pacific Railroad Company The General Liability coverage is Primary and Non -Contributory per the policy terms & conditions only if required by written contract. 4CORD101(2008/01) Coll:3413517 Tpl:1299180 Cert:16265889©2008ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I ' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — AUTOMATIC STATUS WHEN REQUIRED BY A t CONSTRUCTION AGREEMENT WITH YOU — COMPLETED OPERATIONS — PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT ' This endorsement modifies insurance provided under the following: Section II — Who is an Insured is amended to include as an insured any person or t organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising out of: i) "your work" at the location designated; or ii) the "products -completed operations hazard." ' Coverage afforded to these additional insured parties will be primary to, and non- contributory with, any other insurance available to that person or organization. All other terms and conditions of this Policy remain unchanged. 1 �I t Policy Number: 71 PKG2326606 Named Insured: American Civil Constructors, Inc. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: tEndorsement Effective Date: 7/1/2010 1 00 ML0019 00 08 06 Page 1 of 1 1 POLICY NUMBER: 71PKG2326606 COMMERCIAL AUTO CA20701001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided under this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 7/1 /2010 Named Insured: American Civil Constructors, Inc. Countersigned By: SCHEDULE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) With respect to the use of a covered "auto" in operations for or affecting a railroad designated in the Schedule at a Designated Job Site, the two exceptions contained in the definition of "insured contract' relating to construction or demolition operations performed within 50 feet of a railroad do not apply. CA 20 70 10 01 Pages 1-1 © ISO Properties, Inc., 2000 I ' POLICY NUMBER: 71PKG2326606 1 1 COMMERCIAL GENERAL LIABILITY CG 24 17 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY - RAILROADS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad: Designated Job Site: City of Ft. Collins and State of Colorado Project: 7244 Linden Street Streetscape ' (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to operations performed for, or affecting, a Scheduled Railroad at a Designated Job Site, the ' definition of "insured contract" in the Definitions section is replaced by the following: 9. "Insured Contract" means: ' a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'; ' b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; ' e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification ' of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. ' Paragraph f. does not include that part of any contract or agreement: CG 24 17 11101 ' © ISO Properties, Inc., 2000 I [1 L l CONSTRUCTION BID ITEMS TOTAL: 700-70010 F/A Minor Contract Revisions F A 1 Is 80,000.00 $80,000.00 700.70011 F/A Partnenn F A 1 $ 2.000.00 $2,000.00 700-70016 F/A Fuel Cost Adjustment F A 1 $ 5.000.00 $5,000.00 700-70017 F/A Landscape Establishment Incentive FA 1 $ 3,860.00 $3,860.00 700-70019 F/A Asphalt Cement Cost Adjustment FA 1 $ 5,000.00 $5.000.00 700.70022 F/A OJT Colorado Training Program F A 1 $ 525.00 $525.00 700-70380 F/A Erosion Control F A 1 $ 5,000.00 $5,000.00 700-70230 F/A Utilby Lines F A 1 $ 15,000.00 $15,000.00 700.70042 F/A Railroad Flagging FA 1 $ 30,000.00 $30,000.00 70470I60 ee F/A 3/4'Tap F FA i $ 13,000.00 1$13,000.00 FORCE ACCOUNT ITEMS TOTAL: $159,385.00 TOTAL PROJECT COST: ' IN WORDS: ' ACCEPTANCE OF FUEL COST ADJUSTMENTS: ' Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of Section 109 - Fuel Cost Adjustment. To accept this standard special provision, the bidder must fill in an "X" next to "YES' below. No Fuel Cost Adjustment will be made due to fuel cost changes for bidders who answer "NO". If neither line is ' marked, the Department will assume the bidder rejects Fuel Cost Adjustments for this project. After bids are submitted, bidders will not be given any other opportunity to accept or reject this adjustment. (Mark only one line with an "X"): YES, I choose to accept Fuel Cost Adjustments for this project NO, I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is marked, the default is "NO", I choose NOT to accept Fuel Cost Adjustments for this project ' Addendum 2 7244 Linden Street Streetscape Page 8 of 8 I I (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: ' (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the ' injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or ' damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. 1 1 1 1 t 1 CG 24 17 10 01 © ISO Properties, Inc., 2000 ' 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7244 Linden Street Streetscape PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: American Civil Constructors Inc. CONTRACT DATE: June 28, 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. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: Rev 10/20/07 Section 00635 Page 1 No Text [I SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: American Civil Constructors Inc. Gentlemen: You are hereby notified that on the _ day of , 20 , the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 7244 Linden Street Streetscape. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated June 28, 2011. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: 1 20 . Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: Rev 10/20/07 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: American Civil Constructors Inc.(CONTRACTOR) PROJECT: 7244 Linden Street Streetscape 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of.the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. Rev 10/20/07 Section 00650 Page 1 , I [I 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this ATTEST: Secretary STATE OF COLORADO day of CONTRACTOR By: Title: )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 , by Witness my hand and official seal. My Commission Expires: Rev 10/20/07 Notary Public 20 day of Section 00650 Page 2 1 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: American Civil Constructors Inc. PROJECT: 7244 Linden Street Streetscape CONTRACT DATE: June 28, 2011 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. Rev10/20/07 Section 00660 Page 1 SECTION 00670 I 1 [1 I Section 00670 Page 1 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) 1 nn NnT WRITF IN THIS SPA(tF 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, orcorporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employers Identification Number: Bid amount for your contract: Fax Number ( Business telephone number: Colorado withholding tax account number. Copies of contract or agreement pages (1) identifying the contracting 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: 1 declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE Section 00670 Page 2 ' 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. L J L� Section 00670 Page 3