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BID - 7277 INTERSECTION IMPROVEMENTS AT HARMONY & LEMAY AND DRAKE & LEMAY
City of Fort Collins own Purchasing Financial Services Purchasing Division 215 N. Mason St. 2"" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS FOR INTERSECTION IMPROVEMENTS AT HARMONY & LEMAY AND DRAKE & LEMAY BID NO. 7277 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR,.FORT COLLINS SEPTEMBER 26, 2011 - 3:00 P.M. (OUR CLOCK) 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 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 Rev10/20/07 Section 00100 Page 4 fml inspection.. pius:aant to paragraph 14.1 I_ from Mure to comply with, - the Contract Documents or thi. terms or'an.V �ccial.guarardccs specified tllccin or from CONTRACTOWs continuing obligations under the Contract Dociaiiiints; and 14. IS.2. A waiver of all claims by CONTRACTOR . against OWNER' other than thou 'previously made in writi_ng and still t-aisettled. ARTICLE 15-WSPUNSION' OF WORK AND TERMINATION OWNER May Skspihd Mirk- 15.1'. At - iiny time and without cause,. OWNER may ntspnd the Work or any portion thereof for a period of'not 'more .than, ninety. days by notice in writing to CONTR-ACTOR:and, RNGINFER which will fiz.the. date on which Work will be resumed. CONTRACTOR shall! resume the Work an the date -so fibir& CONTRACTOR.R611 he allowed an adjustncnt in the 'Contract -Price- or an extension bf thi , Contract Timcs, or boak directly attributable to any such simpension, if CONTRACTORiivikcs.in 'up idviid lail-11 dicreflur as pruvidad'' in Articles I I and 12. OWNER May Terininate. 15:1 Upori the occurrence of any b:%P or more of the following events: 15 2: 1, it CONTRACTOR Persistentiv thas to perform the Woik in aecddimce-wit1i th& Coafild Documats (includirx&'but riot Limited to failure - co supply'sufficient z-A sed-workas or suitable materials or equipment or failure, to, adhere to th6 piogress ichedule -aWishcd imcleiparagraph -) 9. as adjusted ' dj 'ed from tune t-o'lime _Pumu�t to pininio 6-0� 6.222. if CONTRACTOR disiegards Laws, or Regula4cmsofany '6ublic-bocly,hn*vtngjurisdiction: 15.n., if CONTRACTOR R didcVM.s the - Authority Of ENGINEER; cc 152A, if CONTRACTOR Annvise4iolates iia, any substantial Ways ariy mwisicims of the' Crouract Wcu - me n . ts. 0 may, a giving CONTRACTOR (and the surety, if. -any) sev s`-;%Tiftin notice and to, the atent permitted liy Laws and Reirulgtions,'terminate the.services or CONTRACTOR: exciude CONTRACTOR'from the site and ' take ' ptwisession of the Work iiiiii of all, CONTRACTORs tools. appliances. equi'prn'Lia and - machinery at thc' Sije!HndL Use the'saine to the full extent. they could' be: used try' CONTRACTOR (wi*L liability to CONTRACTOR for treapass, or conversion). incorporate in the- Wo& all materials and equipment szoredat die siti or f6r whichOWNFAZ ha%,paid ErDcuENLKALcp?aknom 00-s (09v9dificn),I a 32: w/ TY OF FORT I COLUMMODDI . CAM , ONS - (tE%14 /1600). CONTRACTOR but which are stored &ewherc, and finish the Work as 6wAR inay deein expedient to such casc,coNmAcTop - shall no-flic entitled 16 receive any' :further payment unfit the: ork is finished If the unpaid bala&c-cf'the Ccraivc�l. price cxcmk;:alI chuUs. costs. 'Ids'ses,and damages s6itairied by OWNER arising out of cl,r!rcsulting t_m,cmplctirvg the Work such cxZesswill be shall pay meriasing any rights or OWNER shall'not he n for the W* i501onned. so 15.3, Where CONTRAG*FOR's.scrviccs * have Boon. so terminated by OWNER,-tho- terminaticrivill, not a1kct any _rights: or icma.Ps _pf' 'OWNFR aga . via CONTRACTOR then.exixting or which miiy ilicreafter accrue, Aiiy retention or ,payment of moneys due cox,rRACTOR by OWNER' will not. release. CONTRAcTok from liability: -15,4. Upon scycn; -da)-2 written notice- to, CONTRACTOR and ENGINEER- OWNER.* may, without cause and w•ithbut,prejudlcc to any oilier rgi or remedy -of OWN7M— elect to,temninate 66 Agreement In such cisc,. CONTKXM)R� slialli be paid, (without duplication of ariy,Jrems):, ,15.4.1. forcompletcd and acceptable. Work executed in.accordanceWith the Contract Documents prior to' the effective,-datL of term inatidn.- including fair and reasonable slims, for &6fi;ad and profit on such Work; 15.42 - for expenses� sustained prior to tlicefiective date of terminntion.in -perform''ing services and hunishing l0bdi. materiels or ktuipment-as iequirid, by. the: contract. —'Documents in ciinnect�cn with uncompleted Work, plus fair and reasonable sums for - overhead'and profit on such Expensois,. 1S,4.3- for all claims "coeds;, losses and damages Inoarred lia setilemcnt,of�terminatid contractst with Suboumcttvs; Suppliers and othtim, and 15.4:4, for reasomble expenses dineptly attiibutable to terminati6m CONTPACZOR, sha It not be pa id'on account of [ossof anticipated profits or revenue or other icdn6mic loss arising out of or resulting from'such tErniminum, coNT&ICt6H may stop rvoi* vr rerminafe. M droul;hficiactor fault of CONTRACTOR, the' work is suspended far Wperiod of mbre'thaii ninety clays' lry, OWNER or uft-da an order � of'oouri-or. other public a ENGINEER railsli,to ad an any Application fpPzIeor Payment within*thirty days after it is submitted or, OWNER fails for thirty days to pay, (_O1%JTkACTOR,*. sum firirilly determined to be due, then•CONTRACTQR may. upon seven days' `written._ notice. to OWNER and ENGINEER, and provided OWNER or ENGDTIMP do not remedy such suspension or -failure within that time. ielm"tc .the Agriemiiii anti 'recover 66M ' OWNER rayment on the same urms as provided in "graph 15.4. in lieu of terminating the Agreement and wiftut prejudice to any other figWor remedy. if IINGMEM has,failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed buir,thirty days to F'sy CONTRACTOR any, sunit finally' determined to 'Pe. I - I . - CONTRACTOR iii�:i.�_on seven days' . written notice to OWNER ani]'ENGTNEF.Wstop the Waik until payment of all such mourki doc-CONITAACTOK iricludifig interest theream Thi provision,of this rianigraph-155. am not intended to picclu& CONTRACTOW ftcn making claim tarter Articles I I and.12 for an mae= in ContricV.Price or Contract Times dr otherwise for. cq)ftnscs or mate dk,iodyauxibutible'toCONITPACTORsstWpingevaork ,%kTlCLF,lG-6MFUT9 kL-Murvoiv the adent that OWNER and COM'RAC A an the. mdhr d and pioceduit lbr: rest betivien them. that may arise an&v . such disnutc resolution inethod and irocc if any, -shall'be as set forth in Exclubit GC -A, 'Dispute Rc%olution Agreement", t6 bi.attached hercto-a4made a part hereof., if -no such . .-agmemcnf� on, th6 rimtho<1 and pmcq4rc for resolvinq such disputes -has been rciiche4, and subject to the provnsnorts of-jintigaphi.9,10..such I and 9,12 , OWN`l3R and CONTRACTOR'maq- emercise righIs'd remedies is either may otherwise have under the Contract Dmijimems & by Laws. or Regal, ions in respect of any dispute. ARTICLE 17—hMSCULANEOIJS Gnink Naftec 17.1- Whenever any provision of the Contract Dccurnmts . requi . res the g'V''U-g of written notice,'it will be d6eme'd to lave been validly given if delivered in persibit to the ihdividual or to a member of the linn, or to Sri omcer of "t c Iturt for w_h6;n A is intindeiL or if delivered ut'or - sent by Aerod• i &maikpostage jr*idI.trr the ISA 7 _address addre; tMowa to the giver of the notice, 17;2: Cbmpulation of Tiinir; 172. 1. When anY,iicnd of time is referred to in the C&itrict DocumuriLs by days, it-%611 be computed to. aid in:lude'6i_laiIAHy of such .period If the Ust.daylof.any.su I di period falls on - a Saturday or'Sunday-or on it,day "Made a legal holida by law ofthe-applicablejiLlisdic will be be omitted fitim the cam pintation, MWoM*xI1L C0NLXTI0iI;:5 19l" (1990E4661), wia-rYOF;FORT COLLiN'SNI(�DU;ICA-nDI43(REV,Iao(jo) 112:1 A - calendirr,diiy of twenty-four hours measured fixim,miaiight tqjhq riSmmidnight will coristiti.ite a day. 'Abfici pf (,7ahqI 17.3.. Should QWNHRbr CONTRACTOR sufferdrijury -or "age to, per=, or, property because U any error, omrssiqn,cr,ucVof the other jm4 or of any of the other p - �,P. -agerts of offias'flor whose acis the an employees other. party is legally fiabli: claim will berruldein writing to the other, within a reasonable time of the first cliservance ors% liljury ur damage. The provisions of tIns_pmhgmp'hI73 shall not be 6onsinued ns a s - ubstitum fir or waiver of the lirmhkions of any applicable statute .of limitations brrepow.CamuladveR67iedrek - ' 17A. The duties and,obligatiom.,1111=sby. these General and Conditionsth-e rightsand r a available hercurider to the patties hereto„ amen; iii'paniaihirl but without Limitation the n-arramies, ' ' ' and . guarzintees obljaE�Uoris :imliowd upon; CONTRACTOR by VS.2 and all of the are dies avaiLablerto any orall'of them i Ip6wd or available by Laws or warranty or guarantee or'by other' as effective as ,if m*a.te4 ocumenti in,connection with rit, right and:rcinedy, tri'which Professional Fear grid Caari CosirJailudeiL• ITS, Whe=4 reference_ is made to , 'cLaims.cobas, losses an&&6aics!i it'shitIliriclude in each'cm; but r;ot, be limited to 411 kes and chates of,ftifteem OchitecL4 attuineys and er prokssionitIs and all court or attiitration cir. other dlspuiercs6lutton emm IIA The law§Lqj the ,Stare P ,pC C Agreement:Rtf-em 4QM4q_aVpjLjg_jhj§ are as follow 17.6.1 'if U Oftinj;iSL fila reguied by. law (CRS 38-26-107) to withheld from is to CONTRACTOR sufficient funds to insuric the payment of all,claims far labor materials, team hire. = —,nan,,e nrovisions, . rovertdiii� or other. siijM cansumed by CONTRACTOR or, his 33 EICDC9P-&7t V.CON18'nom IYIU:I (t Y'NJ Editian)- 3i vif Cr'Y Oli FORT OOLLIM MODIFICATIONS IREN'420d111 {This pag Icft blan intcntknally) MWOENOLAL',COND1110[�1191" (1990 Etikn) 35 wl UTY OF FORTCOLLiM MODMCAIIC)f43 (REVN2000) 'EiCDCOENUM COS a"OM M(P-8 09WRdi6w) W MY OR FORT EXHIBIT CC -A to -General Cohen tions of' the, Construction Contract Between OWNERanil'GONTRACTOR DISPUTE RES6LbM0N:ACRM1ENT, OWNER and CONTILICTOR' hereby 'oinee ;that. Artiek 16 of the Gaicral.dinditions of ihe'Caisktiction C.cintracr between OWNER 'and CONTRACTOR is, RMcpded to include the'foltowing agreement of the parties` 161. All shiners, disputes and other matters .in question between 1 and CONTRACTOR arising our of. relating todhe Contraa Doct mesas cr the breach thereof (except for claims,whicft hate bLc m,waived fry• die nicking ar.aoxlimme 'of final paymdr as pr6widediby paragraph 14.15) will, be decided, by .arbitration 'in accordance with the• Construction lndustiy Arbitration Rules of the American Arbitration Association then obtaviirig subject to the flmitatioiivofthe Article! 16_ This agrcaacrit so ta.aibitrate arid any other agrecriieat tar consent to arbitrate entered into in accordance•kcrarvith as, provided in this Article, 16 will•be,spe cally enforceable under the prevailing law of any coup having juisdictiorr: ,16.7. No demand for arbitration of any claimi dispute or other matter that is required tc be referred to ENGINEER initially for decision in4 accordance with iramgrapW9.11. will he made until the carlicr.of (a) the date on which FNGINEER. has tendered'a written decision. or (b) odic fhrrty-first day.after the parties have prewided their evidence toF�Ii GQQEER if a written decision has not been r erxhred'by ENGINEER' before that date. No demand. for arbitration of'any'such cleim;.dispute, or other matter will be made later than thirty days after the date on which ENGfNEF.R her rendci d a tviiarn decision in respect thereof in accodano d with parga aph9.11; and the failure to demand arbitration within said thirty clays'. period will! result in ENGINEER's decision being final, and binding uprtq OWNHR.ard CONTRACTOR If•ENGINEER de trars a decision ilicr. arbitration procoedings-have been 'initiated, such decision may be'emered as evidence but'will' not supersede the arbitration piococoiriA except where the decivo,n is acceptable to the parties concemed; No demand for arbitration. of airy written decisicip of INGIN ER rendered in accordance with parrig aph 9.10 will be made later thanten days after the party makirg'sukh demand has. delivered' w•riken notice of intention to appeal as provided in puragt.0 9.10. - 16.3. Notice of the.damend: r6r, rabitration will be file in writing with the od ii party to t}it Agmement and with the American Arbitraation Aw6clation and a copy will be sent to ENGlN`M:fur. infiirmation The demand forarbitration will be made within ihr'dtirty lay. or tcn dsy period 57iecified inpara wh 16.2 as applicable• atd'in.all, other cases widtirt a riiesonable time aftertheclaimi dispute' or other matter in question.has arisen, ,and'fn:no event shall. anysuch remand be made after the date w•hertustitution of legal;ar equitable pr-_ --- cgs based'on sudt claw; d sprite Or dthec matter in qu®stion aiduld'be .tiarred.. by ad, applicable statute of limitations. F.JCWc(tl' kALCUNmmoh'Si91o4(t99o_HStim) w! CITY OF FORT CQULi t9.4 MODIFICATIONS (RFV 9N9) 16,4. _ Except as provided in parograph'16.5 below, ,no Arbitration Rising. out of or relating to the Contract Documents shall inidude by cnrisolidativn, joinder orm any. other manner any other person or, .eauty' (indudmg EENGINEEK-_ ENGINEER'S ,Consultant anti the officers, directors, agents employees.oi`oaistdtanits of any of them) who is not 'a party to this eomtract'unless:- 1;A.1: �the .inclusion of such other, prison o entity is neoessar-1 complete relief is to be'afforded -am ong. olio' who" -already parties tb thearbitratig - and 16.4.'_':.such other person or entity is .substantially involved in a question of law or fact Which is common to those who are already parties m the.Wbitmtion and 'which'will arisc,in such'procccdings,:snd: 16.4.3. the written oonscht of the other person or, entity sought .to. be included and of OWNER end CONIRACI'OR has been obtained for such inclusion;. which consent shall make specifc refererm to this pmg�r•aph. but no such consent,shall,conetitute,conselt. u echo ation ofany-dispute not specifically &--scribed in -such consent or arbitration with any party not specifically identified of such consent. 16.5: Notwithstardmg paragraph 16A.:if a claim; dispute or other matter in. question, between OWNER'and CONTRACT pR involves the Work of,a.Suli drruactor, either OWNER or CONI'RAC:I'OR .may' join such Subcontractor as a Party to the arbitration between'OWNfiR. include in all. subcori racts required by paragraph 6:11 a specific piov aion'wherib* the Subcontractor consents. to being joined in an arbitration between OWNER and CONTRACTOR vivolving the Work of such Sub =tract6r, Nothing. in &.4 paragraph,16.5 nor in the provision of such subcontract consenting to joinder shall' create any claim; ,ri&. or cause of action in favor of Subcontractor' and agmst OWNER. ENGINEER a' INGINEE-R's Corsultants that dices not otherwise exist, 166. 'The award' rendered' bythe arbitrators will be. final judgment tray'he entered upon iv in any court having 'ji Wiction thereoE.and-ii-will not be subject to modilicationpr appif: 16.7. OWVRR�and,CONTRACTOR;agree that they, shall' first submit .any and .all unsettled claans counterclaims, 'disputes and other makers' N. qu�ion benviceri them ng•, out of or. relating to the Cci t it I)NIcuments or the breach thereof CaLVules'), to mediation by the American :Arbitration Associaton under the Construction. Industry Nv cdialian Rules of the, American Artiitritiat Association ,brier tq either nF them initiating against the other a demand for arbitration pursuant to paragraphs 161 .through 16.6, tudess delay,in IMtMbfVr arbitration would irrevocably pnjiutice one of the: parties- fhe respeotive thirty and wn.day time limits within which ,to file a; demimd •for "arbitratiori as provided in. paragraphs 16.2 and 16.3 above shah be suspended' with respect 'to or .dispute submitted' to mediation within those -same apphimbletime.limits and shell rearainsuspetded until ten days after the terminationof the mediation The mediator of any-disputc submitted to mediation under this Agrcoanerii stroll'notcervegsarintmtcrofsuchdislwti'Lrr essotherwise agreed. (X(-Al C-ONDIIIO.-NS, 191 (La (1900 ktfttm) G&AI M-1-1 t45 NOMRATIQI S (RFV W941 SECTION 00800 SUPPLEMENTARY CONDITIONS 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: Geotechnical Report dated July 14, 2009, Project No. 28-244 by Yeh & Associates, Inc. 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: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). Rev 10/20/07 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-6.4.1 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 SC- 14.15.1- Waiver of Claims- Amended in its entirety to read: 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; SC-17.6.1 Delete the complete paragraph shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of'the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but Rev10/20/07 Section 00100 Page 5 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Intersection Improvements at Harmony & Lemay and Drake & Lemay CONTRACTOR: PROJECT NUMBER: 7277 DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasinc Rev 10/20/07 DATE: DATE: DATE: DATE: Section 00950 Page 1 Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 p Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. I 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. 2 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 3 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY On Hand Received Installed Item Invoice Previous This This Number Number Description Application Period Period PAGE 4 OF 4 On Hand This Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 STANDARD SPECIAL PROVISIONS May 5, 2011 1 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Section 105 of the Standard Specifications is hereby revised for this project as follows: In subsection 105.22 delete the fourth, fifth, sixth, seventh, and eighth paragraphs and replace them with the following: If CDOT does not respond within the specified timelines, the Contractor may advance the dispute to the next level. When the Project Engineer is a Consultant Project Engineer, actions, decisions, and determinations specified herein as made by the Project Engineer shall be made by the Resident Engineer. The dispute resolution process set forth in this subsection shall be exhausted in its entirety prior to initiation of litigation or arbitration. Failure to comply with the requirements set forth in this subsection shall bar either party from any further administrative, equitable, or legal remedy. If a deadline is missed that does not prejudice either party, further relief shall be allowed. All disputes and claims shall be submitted within 30 days of the date of the certified letter submitting the CDOT Form 96, Contractor Acceptance of Final Estimate, to the Contractor. Failure to submit a dispute or claim within this time period releases the State of Colorado from all disputes and claims for which notice has not already been submitted in accordance with the Contract. All disputes and claims seeking damages calculated on a Total Cost or Modified Total Cost basis will not be considered unless the party asserting such damages establishes all the legal requirements therefore. Delete subsection 105.22(a) and (b) and replace them with the following: (a) Document Retention. The Contractor shall keep full and complete records of the costs and additional time incurred for each dispute for a period of at least three years after the date of final payment or until dispute is resolved, whichever is more. The Contractor, subcontractors, and lower tier subcontractors shall provide adequate facilities, acceptable to the Engineer, for an audit during normal business hours. The Contractor shall permit the Engineer or Department auditor to examine and copy those records and all other records required by the Engineer to determine the facts or contentions involved in the dispute. The Contractor shall identify and segregate any documents or information that the Contractor considers particularly sensitive, such as confidential or proprietary information. Throughout the dispute, the Contractor and the Project Engineer shall keep complete daily records of extra costs and time incurred, in accordance with the following procedures: 1. Daily records shall identify each operation affected, the specific locations where work is affected, and the potential effect to the project's schedule. Such records shall also reflect all labor, material, and equipment applicable to the affected operations. 2. On the first work day of each week following the date of the written notice of dispute, the Contractor shall provide the Project Engineer with the daily records for the proceeding week. If the Contractor's records indicate costs greater than those kept by the Department, the Project Engineer will meet with the Contractor and present his records to the Contractor at the meeting. The Contractor shall notify the Engineer in writing within three work days of any inaccuracies noted in, or disagreements with, the Department's records. (b) Initial Dispute Resolution Process. To initiate the dispute resolution process the Contractor shall provide a written notice of dispute to the Project Engineer upon the failure of the Parties to resolve the issue through negotiation. Disputes will not be considered unless the Contractor has first complied with specified issue resolution processes such as those specified in subsections 104.02, 106.05, 108.07(a), and 108.07(d). May 5, 2011 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS The Contractor shall supplement the written notice of dispute within 15 days with a written Request for Equitable Adjustment (REA) providing the following: (1) The date of the dispute (2) The nature of the circumstances which caused the dispute (3) A statement explaining in detail the specific provisions of the Contract and any basis, legal or factual, which support the dispute. (4) If any, the estimated quantum, calculated in accordance with methods set forth in Subsection 105.24(b)12., of the dispute with supporting documentation (5) An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall submit as much information on the quantum and impacts to the Contract time as is reasonably available with the REA and then supplement the REA as additional information becomes available. If the dispute escalates to the DRB process the DRB shall not hear any issue or consider any information that was not contained in the Request for Equitable Adjustment and fully submitted to the Project Engineer and Resident Engineer during the 105.22 process. In subsection 105.23(b) delete items 3 and 4 and replace them with the following: 3. If the dispute has a value over $250,000, the On Demand DRB shall have three members. The Contractor and CDOT shall each select a member and those two members shall select a third. Once the third member is approved the three members will nominate one of them to be the Chair and execute the agreement within 45 days of initiating the DRB process. 4. The Standing DRB shall always have three members. The Contractor and CDOT shall each select a member and those two members shall select a third member. Once the third member is approved the three members will nominate one of them to be the Chair.. The Contractor and CDOT shall submit their proposed Standing DRB members within 5 days of execution of the Contract. The third member shall be selected within 15 days of execution of the Contract. Prior to construction starting the parties shall execute the Three Party Agreement. The CDOT Project Engineer will be responsible for executing the agreement. The Project Engineer will invite the Standing DRB members to the Preconstruction and any Partnering conferences. In subsection 105.23(d) delete item 1 and replace it with the following: 1. Contact the Contractor and the DRB to coordinate an acceptable hearing date and time. The hearing shall be held at the Resident Engineer's office unless an alternative location is agreed to by both parties. Unless otherwise agreed to by both parties the DRB hearing will be held within 30 days after the DRB agreement is signed by the CDOT Chief Engineer. Delete subsection 105.23(e) and replace it with the following: (e) Pre -Hearing Submittal: At least fifteen days prior to the hearing, CDOT and the Contractor shall submit by e- mail to the DRB Chairperson their parties pre -hearing position paper. The DRB Chairperson shall simultaneously distribute by e-mail the pre -hearing position papers to all parties and other DRB members, if any. At the same time, each party shall submit a copy of all its supporting documents to be used at the hearing to all DRB Members and the other party unless the parties have agreed to a common set of documents as discussed in #2 below. In this case, CDOT shall submit the common set of documents to the Board and the Contractor. The pre -hearing position paper shall contain the following: 1. A joint statement of the dispute, and the scope of the desired decision. The joint statement shall summarize in a few sentences the nature of the dispute. If the parties are unable to agree on the wording of the joint statement, each party's position paper shall contain both statements, and identify the party May 5, 2011 3 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS authoring each statement. The parties shall agree upon a joint statement at least 20 days prior to the hearing and submit it to the DRB or each party's independent statement shall be submitted to the DRB and the other party at least 20 days prior to the hearing. 2. The basis and justification for the party's position, with reference to specific contract language and other supporting documents for each element of the dispute. To minimize duplication and repetitiveness, the parties may identify a common set of documents that will be referred to by both parties and submit them in a separate package to the DRB. The engineer will provide a hard copy of the project plans and Project and Standard Special Provisions, if necessary, to the DRB, Other standard CDOT documents such as Standard Specifications and M&S Standards are available on the CDOT website. (1) If any party contends that they are not necessary to the proceedings, the DRB shall determine that issue in the first instance. Should the DRB determine that a dispute does not involve a party, that party shall be relieved from participating in the DRB hearing and paying any further DRB costs. (2) When the scope of the hearing includes quantum, the requesting party's position paper shall include full cost details, calculated in accordance with methods set forth in subsection 105.24(b)12. The Scope of the hearing will not include quantum if CDOT has ordered an audit and that audit has not been completed. A list of proposed attendees at the hearing. In the event of any disagreement, the DRB shall make the final determination as to who attends the hearing. 4. A list of any intended experts including their qualifications and a summary of what their presentation will include and an estimate of the length of the presentation. The number of copies, distribution requirements, and time for submittal shall be established by the DRB and communicated to the parties by the Chairperson. A pre -hearing phone conference with all DRB members and the parties shall be conducted as soon as a hearing date is established but no later than 10 days prior to the hearing. The DRB Chairperson shall explain the specifics of how the hearing will be conducted including how the two parties will present their information to the DRB (Ex: Each party makes a full presentation of their position or presentations will be made on a "point by point" basis with each party making a presentation only on an individual dispute issue before moving onto to the next issue). If the pre -hearing position papers and documents have been received by the Board prior to the conference call, the DRB Chairperson shall at this conference discuss the estimated hours of review and research activities for this dispute (such as time spent evaluating and preparing recommendations on specific issues presented to the DRB). If the pre -hearing position papers and documents have not been received by the Board prior to the conference call, another conference call will be scheduled during the initial conference call to discuss the estimated hours of review. Compensation for time agreed to in advance by the parties will be made at an agreed rate of $125 per hour in accordance with subsection 105.23 (k) 2. Compensation for the phone conference time will also be made at an agreed to rate of $125 per hour in accordance with subsection 105.23 (k) 2. The Engineer shall coordinate the phone conference. In subsection 105.23(f) delete items 2 and 3 and replace them with the following: 2. The party that requested the DRB presents the dispute in detail as supported by previously submitted information and documentation in the pre -hearing position paper. No new information or disputes will be heard or addressed by the DRB. 3. The other party presents its position in detail as supported by previously submitted information and documentation in the pre -hearing position paper. No new information or disputes will be heard or addressed by the DRB. In subsection 105.23(f) delete item 9 and replace it with the following: OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders 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. Rev 10/20/07 Section 00100 Page 6 May 5, 2011 4 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS 9. The DRB shall hear only those disputes identified in the written request for the DRB and the information contained in the pre -hearing submittals. The board shall not hear or address other disputes. If either party attempts to discuss a dispute other than those to be heard by the DRB or attempts to submit new information, the chairperson shall inform such party that the board shall not hear the issue and shall not accept any additional information. The DRB shall not hear any issue or consider any information that was not contained in the Request for Equitable Adjustment and fully submitted to the Project Engineer and Resident Engineer during the 105.22 process. Subsection 105.23(i) shall include the following as the fourth paragraph: If either party fails to submit its written acceptance or rejection of the Dispute Board's recommendation, according to these specifications, such failure shall constitute that party's acceptance of the Board's recommendation. In subsection105.23 (1) delete the third party agreement and replace it with the following: DISPUTE REVIEW BOARD THREE PARTY AGREEMENT COLORADO PROJECT NO. THIS THREE PARTY AGREEMENT, made as of the date signed by the Chief Engineer below, by and between: the Colorado Department of Transportation, hereinafter called the "Department'; and hereinafter called the "Contractor"; and and hereinafter called the "Dispute Review Board" or "Board". WHEREAS, the Department is now engaged in the construction of the rProiect Name] and WHEREAS, the Contract provides for the establishment of a Board in accordance with subsections 105.22 and 105.23 of the specifications. NOW, THEREFORE, it is hereby agreed: ARTICLE I DESCRIPTION OF WORK AND SERVICES The Department and the Contractor shall form a Board in accordance with this agreement and the provisions of subsection 105.23. ARTICLE II COMMITMENT ON PART OF THE PARTIES HERETO The parties hereto shall faithfully fulfill the requirements of subsection 105.23 and the requirements of this agreement. May 5, 2011 5 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR ARTICLE III COMPENSATION The parties shall share equally in the cost of the Board, including general administrative costs (meeting space and facilities, secretarial services, telephone, mail, reproduction, filing) and the member's individual fees. Reimbursement of the Contractor's share of the Board expenses for any reason is prohibited. The Contractor shall make all payments in full to Board members. The Contractor will submit to the Department an itemized statement for all such payments, and the Department will split the cost by including 50 percent payment on the next progress payment. The Contractor and the Department will agree to accept invoiced costs prior to payment by the Contractor. DISPUTE REVIEW BOARD THREE PARTY AGREEMENT PAGE COLORADO PROJECT NO. Board members shall keep all fee records pertaining to this agreement available for inspection by representatives of the Department and the' Contractor for a period of three years after the termination of the Board members' services. Payment to each Board member shall be at the fee rates established in subsection 105.23 and agreed to by each Board member, the Contractor, and the Department. In addition, reimbursement will be made for applicable expenses. Each Board member shall submit an invoice to the Contractor for fees incurred each month following month in which the members participated in Board functions. Such invoices shall be in the format established by the Contractor and the Department. Payments shall be made to each Board member within 60 days after the Contractor and Department have received all the applicable billing data and verified the data submitted by that member. The Contractor shall make payment to the Board member within seven calendar days of receipt of payment from the Department. ARTICLE IV ASSIGNMENT Board members shall not assign any of the work to be performed by them under this agreement. Board members shall disclose any conflicts'of interest including but not limited to any dealings with the either party in the previous five years other than serving as a Board member under other contracts. ARTICLE V COMMENCEMENT AND TERMINATION OF SERVICES The commencement of the services of the Board shall be in accordance with subsection 105.23 of the specifications and shall continue until all assigned disputes under the Contract which may require the Board's services have been heard and a Recommendation has been issued by the Board as specified May 5, 2011 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS in subsection 105.23. If a Board member is unable to fulfill his responsibilities for reasons specified in subsection 105.23(b)7, he shall be replaced as provided therein, and the Board shall fulfill its responsibilities as though there had been no change. ARTICLE VI LEGAL RELATIONS The parties hereto mutually agree that each Board member in performance of his duties on the Board is acting as an independent contractor and not as an employee of either the Department or the Contractor. Board members will guard their independence and avoid any communication about the substance of the dispute without both parties being present. The Board members are absolved of any personal liability arising from the Recommendations of the Board. The parties agree that members of the dispute review board panel are acting as mediators for purposes of C.R.S. § 13-22-302(4) and, as such, the liability of any dispute review board member shall be limited to willful and wanton misconduct as provided for in C.R.S. § 13-22-305(6) DISPUTE REVIEW BOARD THREE PARTY AGREEMENT PAGE 3 COLORADO PROJECT NO. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed the day and year first written above. BOARD MEMBER: BY: BOARD MEMBER: BY: BOARD MEMBER: BY: CONTRACTOR: BY: TITLE: COLORADO DEPARTMENT OF TRANSPORTATION BY: TITLE: CHIEF ENGINEER May 5, 2011 7 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS In subsection 105.24 (b) 12, delete A and replace with the following: A. These categories represent the only costs that are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1) Actual wages and benefits, including FICA, paid for additional labor not otherwise included in (5) below (2) Costs for additional bond, insurance and tax (3) Increased costs for materials (4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and based on certified invoice costs for rented equipment (5) Costs of extended job site overhead (6) Costs of salaried employees not otherwise included in (1) or (5) above incurred as a direct result of the dispute or claim (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is required for all such claims) (6) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead. (9) Interest shall be paid in accordance with CRS 5-12-102 beginning from the date of the Notice of Intent to File Claim In subsection 105.24(c) delete the first sentence and replace it with the following: An audit may be performed by the Department for any dispute or claim, and is mandatory for all disputes and claims with amounts greater than $250,000. Subsection 105.24 shall include the following: AMERICAN ARBITRATION ASSOCIATION CONSTRUCTION INDUSTRY ARBITRATION RULES MODIFIED FOR USE WITH COOT SPECIFICATION SUBSECTION 105.24 REGULAR TRACK PROCEDURES R-1. Agreement of Parties (a) The parties shall be deemed to have made these rules a part of their Contract. These rules and any amendments shall apply in the form in effect at the time the administrative requirements are met for a demand for arbitration. The parties, by written agreement, may vary the procedures set forth in these rules. After appointment of the arbitrator, such modifications may be made only with the consent of the arbitrator. (b) Unless the parties determine otherwise, the Fast Track Procedures shall apply in any case in which aggregate claims do not exceed $75,000, exclusive of interest and arbitration fees and costs. Parties may also agree to use these procedures in larger cases. Unless the parties agree otherwise, these procedures will not apply in cases involving more than two parties except for pass -through claims. The Fast Track Procedures shall be applied as described in Sections F-1 through F-13 of these rules, in addition to any other portion of these rules that is not in conflict with the Fast Track Procedures. (c) Unless the parties agree otherwise, the Procedures for Large, Complex Construction Disputes shall apply to all cases in which the disclosed aggregate claims of any parry is at least $500,000, exclusive of claimed interest, arbitration fees and costs. Parties may also agree to use these procedures in cases involving claims under $500,000, or in nonmonetary cases. The Procedures for Large, Complex Construction Disputes shall be applied as described in Sections L-1 through L-4 of these rules, in addition to any other portion of these rules that is not in conflict with the Procedures for Large, Complex Construction Disputes. May 5, 2011 8 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (d) All other cases shall be administered in accordance with Sections R-1 through R-45 of these rules. R-2. Independent Arbitration Provider and Delegation of Duties When parties agree to arbitrate under these rules, or when they provide for arbitration by an independent third - party (Arbitration Provider) and an arbitration is initiated under these rules, they thereby authorize the Arbitration Provider to administer the arbitration. The authority and duties of the Arbitration Provider are prescribed in the parties' Contract and in these rules, and may be carried out through such of the Arbitration Provider's representatives as it may direct. The Arbitration Provider will assign the administration of an arbitration to its Denver office R-3. Initiation of Arbitration Arbitration shall be initiated in the following manner. (a) The Contractor shall, within 30 days after the Chief Engineer issues a decision, submit to the Chief Engineer written notice of its intention to arbitrate (the "demand"). The demand shall indicate the appropriate qualifications for the arbitrator(s) to be appointed to hear the arbitration. (b) CDOT may file an answering statement with the Contractor within 15 days after receiving the demand. If a counterclaim is asserted, it shall contain a statement setting forth the nature of the counterclaim, the amount involved, if any, and the remedy sought. (c) The Chief Engineer shall retain an Arbitration Provider, such as the American Arbitration Association, which will administer an arbitration pursuant to these Rules, except to the extent that such rules conflict with the specifications, in which case the specifications shall control. (d) The Arbitration Provider shall confirm its retention to the parties. R-4. Consolidation or Joinder If the parties' agreement or the law provides for consolidation or joinder of related arbitrations, all involved parties will endeavor to agree on a process to effectuate the consolidation or joinder. If they are unable to agree, the Arbitration Provider shall directly appoint a single arbitrator for the limited purpose of deciding whether related arbitrations should be consolidated or joined and, if so, establishing a fair and appropriate process for consolidation or joinder. The Arbitration Provider may take reasonable administrative action to accomplish the consolidation or joinder as directed by the arbitrator. R-5. Appointment of Arbitrator An arbitrator shall be appointed in the following manner: (a) Immediately after the Arbitration Provider is retained, the Arbitration Provider shall send simultaneously to each party to the dispute an identical list of 10 names of potential arbitrators. The parties are encouraged to agree to an arbitrator from the submitted list and to advise the AAA of their agreement. Absent agreement of the parties, the arbitrator shall not have served as the mediator in the mediation phase of the instant proceeding. (b) If the parties cannot agree to arbitrator(s), each party to the dispute shall have 15 calendar days from the transmittal date in which to strike names objected to, number the remaining names in order of preference, and return the list to the Arbitration Provider. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, May 5, 2011 9 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS and in accordance with the designated order of mutual preference, the Arbitration Provider shall invite an arbitrator to serve. (c) Unless both parties agree otherwise one arbitrator shall be used for claims less than $250,000 and three arbitrators shall be used for claims $250,000 and greater. Within 15 calendar days from the date of the appointment of the last arbitrator, the Arbitration Provider shall appoint a chairperson. (d) The entire claim record will be made available to the arbitrators by the Chief Engineer within 15 calendar days from the date of the appointment of the last arbitrator. R-6. Changes of Claim The arbitrator(s) will not consider any information that was not previously made a part of the claim record as transmitted by the Chief Engineer, other than clarification and data supporting previously submitted documentation. R-T. Disclosure (a) Any person appointed or to be appointed as an arbitrator shall disclose to the Arbitration Provider any circumstance likely to give rise to justifiable doubt as to the arbitrator's impartiality or independence, including any bias or any interest in the result of the arbitration or any relationship with the parties or their representatives. Such obligation shall remain in effect throughout the arbitration. (b) Upon receipt of such information from the arbitrator or another source, the Arbitration Provider shall communicate the information to the parties and, if it deems it appropriate to do so, to the arbitrator and others. (c) In order to encourage disclosure by arbitrators, disclosure of information pursuant to this Section R-6 is not to be construed as an indication that the arbitrator considers that the disclosed circumstances are likely to affect impartiality or independence. (d) In no case shall an arbitrator be employed by, affiliated with, or have consultive or business connection with the claimant Contractor or CDOT. An arbitrator shall not have assisted either in the evaluation, preparation, or presentation of the claim case either for the Contractor or the Department or have rendered an opinion on the merits of the claim for either party, and shall not do so during the proceedings of arbitration. R-8. Disqualification of Arbitrator (a) Any arbitrator shall be impartial and independent and shall perform his or her duties with diligence and in good faith, and shall be subject to disqualification for: (i) partiality or lack of independence, (ii) inability or refusal to perform his or her duties with diligence and in good faith; and/or (III) any grounds for disqualification provided by applicable law. (b) Upon objection of a party to the continued service of an arbitrator, or on its own initiative, the Arbitration Provider shall determine whether the arbitrator should be disqualified under the grounds set out above, and shall inform the parties of its decision, which decision shall be conclusive. R-9. Communication with Arbitrator No party and no one acting on behalf of any party shall communicate ex parte with an arbitrator or a candidate for arbitrator concerning the arbitration. R-10. Vacancies May 5, 2011 10 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (a) If for any reason an arbitrator is unable to perform the duties of the office, the Arbitration Provider may, on proof satisfactory to it, declare the office vacant. Vacancies shall be filled in accordance with the applicable provisions of these rules. (b) In the event of a vacancy in a panel of neutral arbitrators after the hearings have commenced, the remaining arbitrator or arbitrators may continue with the hearing and determination of the controversy, unless the parties agree otherwise. (c) In the event of the appointment of a substitute arbitrator, the panel of arbitrators shall determine in its sole discretion whether it is necessary to repeat all or part of any prior hearings. R-11. Jurisdiction (a) The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement. (b) The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitrator that the contract is null and void shall not for that reason alone render invalid the arbitration clause. (c) A party must object to the jurisdiction of the arbitrator or to the arbitrability of a claim or counterclaim no later than 15 days after the Arbitration Provider confirms its retention to the parties. The arbitrator may rule on such objections as a preliminary matter or as part of the final award. R-12. Administrative Conference At the request of any party or upon the Arbitration Provider's own initiative, the Arbitration Provider may conduct an administrative conference, in person or by telephone, with the parties and/or their representatives. The conference may address such issues as arbitrator selection, potential exchange of information, a timetable for hearings and any other administrative matters. R-13. Preliminary Hearing (a) At the request of any party or at the discretion of the arbitrator or the Arbitration Provider, the arbitrator may schedule as soon as practicable a preliminary hearing with the parties and/or their representatives. The preliminary hearing may be conducted by telephone at the arbitrator's discretion. (b) During the preliminary hearing, the parties and the arbitrator should discuss the future conduct of the case, including clarification of the issues and claims, a schedule for the hearings and any other preliminary matters. R-14. Exchange of Information (a) At the request of any party or at the discretion of the arbitrator, consistent with the expedited nature of arbitration, the arbitrator may direct: (i) the production of documents and other information; (ii) short depositions, particularly with regard to experts; and/or (iii) the identification of any witnesses to be called. (b) At least five business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. (c) The arbitrator is authorized to resolve any disputes concerning the exchange of information. (d) Additional discovery may be ordered by the arbitrator in extraordinary cases when the demands of justice require it. 11 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS R-15. Date, Time, and Place of Hearing May 5, 2011 (a) The arbitrator shall set the date, time, and place for each hearing and/or conference. The parties shall respond to requests for hearing dates in a timely manner, be cooperative in scheduling the earliest practicable date, and adhere to the established hearing schedule. (b) The parties may mutually agree on the locale where the arbitration is to be held. Absent such agreement, the arbitration shall be held in the City and County of Denver. (c) The Arbitration Provider shall send a notice of hearing to the parties at least ten calendar days in advance of the hearing date, unless otherwise agreed by the parties. R-16. Attendance at Hearings The arbitrator and the Arbitration Provider shall maintain the privacy of the hearings unless the law provides to the contrary. Any person having a direct interest in the arbitration is entitled to attend hearings. The arbitrator shall otherwise have the power to require the exclusion of any witness, other than a party or other essential person, during the testimony of any other witness. It shall be discretionary with the arbitrator to, determine the propriety of the attendance of any person other than a party and its representative. R-17. Representation Any party may be represented by counsel or other authorized representative. A party intending to be so represented shall notify the other party and the Arbitration Provider of the name and address of the representative at least three calendar days prior to the date set for the hearing at which that person is first to appear. R-18. Oaths Before proceeding with the first hearing, each arbitrator may take an oath of office and, if required by law, shall do so. The arbitrator may require witnesses to testify under oath administered by any duly qualified person and, if it is required by law or requested by any party, shall do so. R-19. Stenographic Record Any party desiring a stenographic record shall make arrangements directly with a stenographer and shall notify the other parties of these arrangements at least three days in advance of the hearing. The requesting party or parties shall pay the cost of the record. If the transcript is agreed by the parties, or determined by the arbitrator to be the official record of the proceeding, it must be provided to the arbitrator and made available to the other parties for inspection, at a date, time, and place determined by the arbitrator. R-20.Interpreters Any party wishing an interpreter shall make all arrangements directly with the interpreter and shall assume the costs of the service. R-21. Postponements The arbitrator for good cause shown may postpone any hearing upon agreement of the parties, upon request of a party, or upon the arbitrator's own initiative. R-22. Arbitration in the Absence of a Parry or Representative May 5, 2011 12 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative who, after due notice, fails to be present or fails to obtain a postponement. An award shall not be made solely on the default of a party. The arbitrator shall require the party who is present to submit such evidence as the arbitrator may require for the making of an award. R-23. Conduct of Proceedings (a) The Contractor shall present evidence to support its claim. CDOT shall then present evidence supporting its defense. Witnesses for each party shall also submit to questions from the arbitrator and the adverse party. The arbitrator has the discretion to vary this procedure; provided that the parties are treated with equality and that each party has the right to be heard and is given a fair opportunity to present its case. (b) The arbitrator, exercising his or her discretion, shall conduct the proceedings with a view to expediting the resolution of the dispute and may direct the order of proof, bifurcate proceedings, and direct the parties to focus their presentations on issues the decision of which could dispose of all or part of the case. The arbitrator shall entertain motions, including motions that dispose of all or part of a claim or that may expedite the proceedings, and may also make preliminary rulings and enter interlocutory orders. (c) The parties may agree to waive oral hearings in any case. R-24. Evidence (a) The arbitrators shall consider all written information available in the claim record and all oral presentations in support of that record by the Contractor and CDOT. Conformity to legal rules of evidence shall not be necessary. (b) The arbitrators shall not consider any written documents or arguments which have not previously been made a part of the claim record, other than clarification and data supporting previously submitted documentation. The arbitrators shall.not consider an increase in the amount of the claim, or any new claims. (c) The arbitrator shall determine the admissibility, relevance, and materiality of any evidence offered. The arbitrator may request offers of proof and may reject evidence deemed by the arbitrator to be cumulative, unreliable, unnecessary, or of slight value compared to the time and expense involved. All evidence shall be taken in the presence of all of the arbitrators and all of the parties, except where: (i) any of the parties is absent, in default, or has waived the right to be present, or (ii) the parties and the arbitrators agree otherwise. (d) The arbitrator shall take into account applicable principles of legal privilege, such as those involving the confidentiality of communications between a lawyer and client. (a) An arbitrator or other person authorized by law to subpoena witnesses or documents may do so upon the request of any party or independently. R-25. Evidence by Affidavit and Post -hearing Filing of Documents or Other Evidence (a) The arbitrator may receive and consider the evidence of witnesses by declaration or affidavit, but shall give it only such weight as the arbitrator deems it entitled to after consideration of any objection made to its admission. (b) If the parties agree or the arbitrator directs that documents or other evidence be submitted to the arbitrator after the hearing, the documents or other evidence, unless otherwise agreed by the parties and the arbitrator, shall be filed with the Arbitration Provider for transmission to the arbitrator. All parties shall be afforded an opportunity to examine and respond to such documents or other evidence. R-26. Inspection or Investigation May 5, 2011 13 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS An arbitrator finding it necessary to make an inspection or investigation in connection with the arbitration shall direct the Arbitration Provider to so advise the parties. The arbitrator shall set the date and time and the Arbitration Provider shall notify the parties. Any party who so desires may be present at such an inspection or investigation. In the event that one or all parties are not present at the inspection or investigation, the arbitrator shall make an oral or written report to the parties and afford them an opportunity to comment. R-27. Interim Measures (a) The arbitrator may take whatever interim measures he or she deems necessary, including injunctive relief and measures for the protection or conservation of property and disposition of perishable goods. (b) A request for interim measures addressed by a parry to a judicial authority shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. R-28. Closing of Hearing When satisfied that the presentation of the parties is complete, the arbitrator shall declare the hearing closed If documents or responses are to be filed as provided in Section R-24, or if briefs are to be filed, the hearing shall be declared closed as of the final date set by the arbitrator for the receipt of documents, responses, or briefs. The time limit within which the arbitrator is required to make the award shall commence to run, in the absence of other agreements by the parties and the arbitrator, upon the closing of the hearing. R-29. Reopening of Hearing The hearing may be reopened on the arbitrator's initiative, or by direction of the arbitrator upon application of a party, at any time before the award is made. If reopening the hearing would prevent the making of the award within the specific time agreed to by the parties in the arbitration agreement, the matter may not be reopened unless the parties agree to an extension of time. When no specific date is fixed by agreement of the parties, the arbitrator shall have 15 calendar days from the closing of the reopened hearing within which to make an award. R-30. Waiver of Rules Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has not been complied with and who fails to state an objection in writing shall be deemed to have waived the right to object. R-31. Extensions of Time The parties may modify any period of time by mutual agreement. The Arbitration Provider or the arbitrator may for good cause extend any period of time established by these rules, except the time for making the award. The Arbitration Provider shall notify the parties of any extension. R-32. Serving of Notice (a) Any papers, notices, or process necessary or proper for the initiation or continuation of an arbitration under these rules; for any court action in connection therewith, or for the entry of judgment on any award made under these rules, may be served on a party by mall addressed to the party or its representative at the last known address or by personal service, in or outside the state where the arbitration is to be held, provided that reasonable opportunity to be heard with regard thereto has been granted to the party. (b) The Arbitration Provider, the arbitrator and the parties may also use overnight delivery, electronic facsimile transmission (fax), or electronic mail (email) to give the notices required by these rules. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 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 7 May 5, 2011 14 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (c) Unless otherwise instructed by the Arbitration Provider or by the arbitrator, any documents submitted by any party to the Arbitration Provider or to the arbitrator shall simultaneously be provided to the other party or parties to the arbitration. R-33. Majority Decision When the panel consists of more than one arbitrator, unless required by law or by the arbitration agreement, a majority of the arbitrators must make all decisions. R-34. Time of Award The award shall be made promptly by the arbitrator and, unless otherwise agreed by the parties or specified by law, no later than 30 calendar days from the date of closing the hearing, or, if oral hearings have been waived, from the date of the Arbitration Provider's transmittal of the final statements and proofs to the arbitrator. R-35. Form of Award After complete review of the facts associated with the claim, the arbitrators shall render a written explanation of their decision. When three arbitrators are used, and only two arbitrators agree then the award shall be signed by the two arbitrators. The arbitrator's decision shall include: (a) A summary of the issues and factual evidence presented by the Contractor and the Department concerning the claim; (b) Decisions concerning.the validity of the claim; (c) Decisions concerning the value of the claim as to cost impacts if the claim is determined to be valid; (d) The contractual and factual bases supporting the decisions made including an explanation as to why each and every position was accepted or rejected; (e) Detailed and supportable calculations which support any decisions. R-36. Scope of Award (a) The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable and within the scope of the agreement of the parties, including, but not limited to, equitable relief and specific performance of a contract. (b) In addition to the final award, the arbitrator may make other decisions, including interim, interlocutory, or partial rulings, orders, and awards. (c) The award of the arbitrator may include interest at the statutory rate and from such date as the arbitrator may deem appropriate. R-37. Delivery of Award to Parties Parties shall accept as notice and delivery of the award the placing of the award or a true copy thereof in the mail addressed to the parties or their representatives at the last known address, personal or electronic service of the award, or the filing of the award in any other manner that is permitted by law. R-38. Modification of Award Within 10 calendar days after the transmittal of an award, the arbitrator on his or her initiative, or any party, upon notice to the other parties, may request that the arbitrator correct any clerical, typographical, technical or May 5, 2011 15 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS computational errors in the award. The arbitrator is not empowered to redetermine the merits of any claim already decided. If the modification request is made by a party, the other parties shall be given 10 calendar days to respond to the request. The arbitrator shall dispose of the request within 25 calendar days after transmittal by the Arbitration Provider to the arbitrator of the request. If applicable law provides a different procedural time frame, that procedure shall be followed R-39. Appeal of Award Appeal of the arbitrators' decision concerning the merit of the claim is governed by the Colorado Uniform Arbitration Act, C.R.S. §§ 13-22-202 to -230. Either party may appeal the arbitrator's decision on the value of the claim to the Colorado State District Court in and for the City and County of Denver for trial de novo. R-40. Release of Documents for Judicial Proceedings The Arbitration Provider shall, upon the written request of a party, furnish to the party, at its expense, certified copies of any papers in the Arbitration Provider's possession that may be required in judicial proceedings relating to the arbitration. R-41. Applications to Court and Exclusion of Liability (a) No judicial proceeding by a party relating to the subject matter of the arbitration shall be deemed a waiver of the party's. right to arbitrate. (b) Neither the Arbitration Provider nor any arbitrator in a proceeding under these rules is a necessary or proper party in judicial proceedings relating to the arbitration. (c) Parties to these rules shall be deemed to have consented that judgment upon the arbitration award may be entered in any federal or state court having jurisdiction thereof. (d) Parties to an arbitration under these rules shall be deemed to have consented that neither the Arbitration Provider nor any arbitrator shall be liable to any party in any action for damages or injunctive relief for any act or omission in connection with any arbitration under these rules. R-42. Administrative Fees The Arbitration Provider shall prescribe filing and other administrative fees and service charges to compensate it for the cost of providing administrative services. The fees in effect when the fee or charge is incurred shall be applicable. Such fees and charges shall be borne equally by the parties. The Arbitration Provider may, in the event of extreme hardship on the part of any parry, defer or reduce the administrative fees. R-43. Expenses The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the arbitration, including required travel and other expenses of the arbitrator, Arbitration Provider representatives, and any witness and the cost of any proof produced at the direct request of the arbitrator, shall be borne equally by the parties. R-44. Neutral Arbitrator's Compensation May 5, 2011 16 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Arbitrators shall be compensated a rate consistent with the arbitrator's stated rate of compensation. If there is disagreement concerning the terms of compensation, an appropriate rate shall be established with the arbitrator by the Arbitration Provider and confirmed to the parties. Such compensation shall be bome equally by the parties. R-45. Deposits The Arbitration Provider may require the parties to deposit in advance of any hearings such sums of money as it deems necessary to cover the expense of the arbitration, including the arbitrator's fee, if any, and shall render an accounting to the parties and return any unexpended balance at the conclusion of the case. R-46. Interpretation and Application of Rules The arbitrator shall interpret and apply these rules insofar as they relate to the arbitrator's powers and duties by a majority vote, If that is not possible, either an arbitrator or a party may refer the question to the Arbitration Provider for final decision. All other rules shall be interpreted and applied by the Arbitration Provider. R-45. Suspension for Nonpayment If arbitrator compensation or administrative charges have not been paid in full, the Arbitration Provider may so inform the parties in order that the parties may advance the required payment. If such payments are not made, the arbitrator may order the suspension or termination of the proceedings. If no arbitrator has yet been appointed, the Arbitration Provider may suspend the proceedings. FAST TRACK PROCEDURES F-1. Limitations on Extensions In the absence of extraordinary circumstances, the Arbitration Provider or the arbitrator may grant a party no more than one seven-day extension of the time in which to respond to the demand for arbitration or counterclaim as provided in Section R-3. F-2. Changes of Claim The arbitrator will not consider any information that was not previously made a part of the claim record as transmitted by the Chief Engineer, other than clarification and data supporting previously submitted documentation F-3. Serving of Notice In addition to notice provided above, the parties shall also accept notice by telephone. Telephonic notices by the Arbitration Provider shall subsequently be confirmed in writing to the parties. Should there be a failure to confine in writing any such oral notice, the proceeding shall nevertheless be valid if notice has, in fact, been given by telephone. F-4. Appointment and Qualification of Arbitrator Immediately after the retention of the Arbitration Provider, the Arbitration Provider will simultaneously submit to each party a listing and biographical information from its panel of arbitrators knowledgeable in construction who are available for service in Fast Track cases. The parties are encouraged to agree to an arbitrator from this list, and to advise the Arbitration Provider of their agreement, or any factual objections to any of the listed arbitrators, May 5, 2011 17 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS within 7 calendar days of the transmission of the list. The Arbitration Provider will appoint the agreed -upon arbitrator, or in the event the parties cannot agree on an arbitrator, will designate the arbitrator from among those names not stricken for factual objections. The parties will be given notice by the Arbitration Provider of the appointment of the arbitrator, who shall be subject to disqualification for the reasons specified above. Within the time period established by the Arbitration Provider, the parties shall notify the Arbitration Provider of any objection to the arbitrator appointed. Any objection by a party to the arbitrator shall be for cause and shall be confirmed in writing to the Arbitration Provider with a copy to the other party or parties. F-5. Preliminary Telephone Conference Unless otherwise agreed by the parties and the arbitrator, as promptly as practicable after the appointment of the arbitrator, a preliminary telephone conference shall be held among the parties_ or their attorneys or representatives, and the arbitrator. F-6. Exchange of Exhibits At least 2 business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. The arbitrator is authorized to resolve any disputes concerning the exchange of exhibits. F-7. Discovery There shall be no discovery, except as provided in Section F-4 or as ordered by the arbitrator in extraordinary cases when the demands of justice require it. F-8. Date, Time, and Place of Hearing The arbitrator shall set the date and time, and place of the hearing, to be scheduled to take place within 30 calendar days of confirmation of the arbitrator's appointment. The Arbitration Provider will notify the parties in advance of the hearing date. All hearings shall be held within the City and County of Denver. F-9. The Hearing (a) Generally, the hearing shall not exceed 1 day. Each party shall have equal opportunity to submit its proofs and complete its case. The arbitrator shall determine the order of the hearing, and may require further submission of documents within two business days after the hearing. For good cause shown, the arbitrator may schedule 1 additional hearing day within 7 business days after the initial day of hearing. (b) Generally, there will be no stenographic record. Any party desiring a stenographic record may arrange for one pursuant to the provisions above. F-10. Time of Award Unless otherwise agreed by the parties, the award shall be rendered not later than 14 calendar days from the date of the closing of the hearing or, if oral hearings have been waived, from the date of the Arbitration Provider's transmittal of the final statements and proofs to the arbitrator. F-11. Time Standards The arbitration shall be completed by settlement or award within 60 calendar days of confirmation of the arbitrator's appointment, unless all parties and the arbitrator agree otherwise or the arbitrator extends this time in extraordinary cases when the demands of justice require it. May 5, 2011 18 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS F-12. Arbitrator's Compensation Arbitrators will receive compensation at a rate to be suggested by the Arbitration Provider regional office_ PROCEDURES FOR LARGE, COMPLEX CONSTRUCTION DISPUTES L-1. Large, Complex Construction Disputes The procedures for large, complex construction disputes shall apply to any claim with a value exceeding $500,000 or as agreed to by the parties. L-2. Administrative Conference Prior to the dissemination of a list of potential arbitrators, the Arbitration Provider shall, unless the parties agree otherwise, conduct an administrative conference with the parties and/or their attorneys or other representatives by conference call. The conference call will take place within 14 days after the retention of the Arbitration Provider. In the event the parties are unable to agree on a mutually acceptable time for the conference, the Arbitration Provider may contact the parties individually to discuss the issues contemplated herein. Such administrative conference shall be conducted for the following purposes and for such additional purposed as the parties or the Arbitration Provider may deem appropriate: (a) To obtain additional information about the nature and magnitude of the dispute and the anticipated length of hearing and scheduling; (b) To discuss the views of the parties about the technical and other qualifications of the arbitrators; (c) To obtain conflicts statements from the parties; and (d) To consider, with the parties, whether mediation or other non -adjudicative methods of dispute resolution might be appropriate. L-3. Arbitrators (a) Large, Complex Construction Cases shall be heard and determined by three arbitrators. (b) The Arbitration Provider shall appoint arbitrator(s) in the manner provided in the Regular Construction Industry Arbitration Rules. L-4. Preliminary Hearing As promptly as practicable after the selection of the arbitrator(s), a preliminary hearing shall be held among the parties and/or their attorneys or other representatives and the arbitrator(s). Unless the parties agree otherwise, the preliminary hearing will be conducted by telephone conference call rather than in person. At the preliminary hearing the matters to be considered shall include, without limitation: (a) Service of a detailed statement of claims, damages and defenses, a statement of the issues asserted by each party and positions with respect thereto, and any legal authorities the parties may wish to bring to the attention of the arbitrator(s); (b) Stipulations to uncontested facts; (c) The extent to which discovery shall be conducted; May 5, 2011 19 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (d) Exchange and premarking of those documents which each party believes may be offered at the hearing; (e) The identification and availability of witnesses, including experts, and such matters with respect to witnesses including their biographies and expected testimony as may be appropriate; (f) Whether, and the extent to which, any sworn statements and/or depositions may be introduced; (g) The extent to which hearings will proceed on consecutive days; (h) Whether a stenographic or other official record of the proceedings shall be maintained; (i) The possibility of utilizing mediation or other non -adjudicative methods of dispute resolution; and Q) The procedure for the issuance of subpoenas. By agreement of the parties and/or order of the arbitrator(s), the pre -hearing activities and the hearing procedures that will govern the arbitration will be memorialized in a Scheduling and Procedure Order. L-5. Management of Proceedings (a) Arbitrator(s) shall take such steps as they may deem necessary or desirable to avoid delay and to achieve a just, speedy and cost-effective resolution of Large, Complex Construction Cases. (b) Parties shall cooperate in the exchange of documents, exhibits and information within such party's control if the arbitrator(s) consider such production to be consistent with the goal of achieving a just, speedy and cost effective resolution of a Large, Complex Construction Case. (c) The parties may conduct such discovery as may be agreed to by all the parties provided, however, that the arbitrator(s) may place such limitations on the conduct of such discovery as the arbitrator(s) shall deem appropriate. If the parties cannot agree on production of document and other information, the arbitrator(s), consistent with the expedited nature of arbitration, may establish the extent of the discovery. (d) At the discretion of the arbitrator(s), upon good cause shown and consistent vvith the expedited nature of arbitration, the arbitrator(s) may order depositions of, or the propounding of interrogatories to such persons who may possess information determined by the arbitrator(s) to be necessary to a determination of the matter. (e) The parties shall exchange copies of all exhibits they intend to submit at the hearing 10 business days prior to the hearing unless the arbftrator(s) determine otherwise. (f) The exchange of information pursuant to this rule, as agreed by the parties and/or directed by the arbitrator(s), shall be included within the Scheduling and Procedure Order. (g) The arbitrator is authorized to resolve any disputes concerning the exchange of information. (h) Generally hearings will be scheduled on consecutive days or in blocks of consecutive days in order to maximize efficiency and minimize costs. Subsection 105.24 shall include the following: The following flow chart provides a summary of the disputes and claims process described in subsections 105.22, 105.23, and 105.24 20 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACTADJUSTMENTS Figure 105-1 DISPUTES AND CLAIMS FLOW CHART 105.22 Project Issue - Verbal discussions between Proj. Eng. and Supt. Impasse Contractor provides written notice of dispute to Project Engineer 15 Days — 105.22 (b) Contractor provides written REA including the following: (1) Date of dispute (2) Nature of order and circumstances causing dispute (3) Contract provisions supporting dispute (4) Estimated cost of dispute with supporting documentation (5) Analysis of progress schedule and disruption, if any 15 Days — 105.22 (c) CDOT Project Engineer and Contractor discuss merit of dispute PE denies merit of dispute Contractor rejects PE's denial. Contractor provides written notice to RE. 7 days — 10512 (d) 7 days — 105.22 (c) PE determines dispute has merit 7 days — 105.22 (c) Contractor accepts denial. Dispute is resolved. Disagree on quantum Proj Eng/Res Eng & SupUPM & Contractor's rep with decision authority above the project level to meet regularly to discuss dispute Up co 30 days — 105-22 d 30145 days — 705.23(b) DRB agreement signed 105.23(a) Proj Eng Dispute is initiates DRB process 5 Days— unresolved 20 days—105.23 (d) 105.23 (a) Prehearing Submittal 15 days — 105.23 (e) DRB Hearing 30 days — 105.23 (g) DRB renders a recommendation 10 days — 105.23 (h) Request for Clarification and Reconsideration 14 days — 105.23 (i) Either party rejects DRB recommendation I DRB recommendation is accepted Figure 105-1 continued on next page May 5, 2011 Merit granted - Quantum negotiations 30 Days-105.22 (c) Adjustment of paymenUschedulc in consultation with Program Engineer - Dispute is resolved May 5, 2011 21 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Figure 105-1 (continued) Either party rejects DRB recommendation 30 days-105.24 (a) 105.24 Notice of intent to file a claim 60 days—105.24 (b) Adjustment of payment/schedule in consultation with Program Engineer - Dispute is resolved Contractor submits certified claim package w/RTD (and Audit Unit if over $250K) 60 days— 105.24 (d) RTD renders a decision Contractor accepts decision Decision is implemented 30 days — 10524 (d) 60 days Contractor rejects and 105.24 (e) Chief Engineer appeals RTD decision to CE 15 days renders decision 105.24 (e Requcst for hearing ys- 105.24 (e) 30 days — 105.24 Contractor rejects CE decision Contractor accepts CE decision Decision is implemented I Optional Mediation I I Dispute is unresolved I I Contractor initiates I Binding Arbitration or Litigation (Whichever was selected at Contract execution) I Litigation I I Dispute is resolved I I Resolution is implemented I Binding Arbitration Arbitrator(s) render recommendation I I Court Decision I I Appeal process only for damages I 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. 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 i Notice to Stop Work ---- 2nd $150 $150 3`d 300 450- 41h 600 1,050 :51h 1„200 2,250 6d' 1,200 3,450 Etc: 1,200 4,650 Etc. Etc. February 3, 2011 1 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 Departments 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 for joint 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). For joint 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 for joint 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: SECTION 00300 BID FORM 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 within the tolerance limits then PF = 1.00 If the test result is above the maximum specified limit, then PF = 1.00 — [0.25(To - Tu)/V) If the test result is below the minimum specified limit, then PF = 1.00 — [0.25(TL - To)/VJ 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): (PF, + PF2) (PF2 + PF3) (PF1 + PF2) (Pn2 — Prix) (1) PF = — --2 — + I ------- - --- --------- 2 ----� x (Pn2 — 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 Pn2= 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. February 3, 2011 3 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) Regardless of QL, the maximum PF in relation to Pn is limited in accordance with Table 105-3. 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 the joint 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 another joint, that joint shall also be removed to a point 6 inches beyond the visible joint 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 failing joint at 25 foot intervals until two successive cores are found to be 1V 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 t 'EY4 F'S 3k y "'.£n 236 mm (No 8)meshand,larg{ets i3�e i.�ty T � f5 �r2 80 .'^+$4Y}�-'..CC �'aa r 600 pm (No. 30) mesh sieve 1.80 N/A �3{ SyN;I(o 20:mesh sieve Yrt :t UB�- a u' Gradation N/A 15 Asphalt Go terit In -place Density 1.10 45 pJomt Denslty:r� 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 FORMIII AR FOR CAI rill ATING 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 Pnis to 200, use formula 1 above: Maximum PF �10 p pL .0 `rSv +�f'.v +s 'Y^ i[ *.` YN' y r ^`�j'4�3Ci q i� ? ^3^"• M-�2-155 $k 8e8.�gl>/... �84862 (QU<700)L £� yn yPS ' -. 9 k 1 n ' k4 ' V •� >. 10." Y: 4 0.27890 + 1.51471 (QU100) - 0.73553 (QU100)2 1.030 �� �5 r T s. �o z552s'+ 1 e26a v oo) o s7°7---( 4loo - x 10 0 6-9 %.... xv"Y2.dt.. $ vis".'t2iJ= '� 1tiM v "-..."."a .ti•<ti'$lfd'at 1. ._..., 6 0.194468 + 1.56729 (QU100) - 0.70239 (QU110�0)2 1.035 _ 7 T#t n 0�16709 E 1.58245 (QL/100) a0{68705 (QU100 2 11035' " _ a.: s}x£3,-:i,�.a?k�4:.:5: ,s.-..mot",:. 5d$. 8 0.16394 + 1.55070 (QU100) - 0.65270 (QL/100)2 1.040 i 1.. ± 4.6 x(QU100) N87 6 (QUw1.00)2 h r '. RWP 1 40 ' �: %. �0.1=1412 �'i_<.x-z«-'A: 5�; ,•� ..' . .ern _ ... :aT 10 to 11 0.15344 + 1.50104 (QU100) - 0.58896 (QU100)2 1.045 1t2 to 14 OU7278.+ 1.64285 QUe100 0 65033 QLJ100 "fftg# 1 045� ��`aKAx "�'.' =asc.�3'.- k��:.A.,ssZ^a::�`saC.;2�..,"�s.:3 ..k3(2k'".e� "`�Y: € .::i3 15 to 18 0.07826 + 1.55649 (QU100) - 0.56616 (QL/100)2 1.050 �19 to 25 'dam' � rt O'4990788(QU100) 0.45550'(QU100)2 1 050 26 to 37 0.07373 + 1.41851 (QU100) - 0.41777 (QU100)2 1.055 8,to 69 0 10586 + 1.26473 (QU100) '0 29660t(QU100). 11; •' x 055� ` 70 to 200 0.21611 + 0.86111 (QU100) 1.060 >201 $ `R"Uk� T7'1PON p a 0 220 1 2171 (Q100)� w ?� 7 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: UP = [(TonHMA)(UPHMA) + (TonnC)(UPAc)]/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 February 3, 2011 5 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) For the joint density element: UP = UPHMA Where: UPHMA is as defined above. When AC is paid for separately UP shall be: UP = [(BTonHMA)(BUPHMA) + (BTonAc)(BUPAc)]/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) I/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 I/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. February 3, 2011 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) 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 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 } £€-x�z. ---fir^3�:. n r �-."c�a ,E3�v � i�' Asphalt Content : 1/500°tons s' 1I 10001tonst r r f _t r Theoretical 1.1000 tons, minimum Maximum Specific 1/day 1/1000 tons, minimum 1/day Gravity +teazw_ `Gaadatlon 1� 1%Dam)`/2000to0s - ON _.. ��Yt In -Place Density 1/500 tons 1/500 tons �+ �a�= ��' oint{Dansty� jomz1core/OOlir�earfeet fkJIM Aggregate 1/2000 tons or 1/Day if Percent less than 2000 tons 1/2000 tons MoistMoisture (3I _ er Lrner3j�4I 1 Day .Not pplcable 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 the job -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. 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 fumished 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. May 5, 2011 1 REVISION OF SECTIONS 106, 627 AND 713 GLASS BEADS FOR PAVEMENT MARKING Sections 106, 627, and 713 are hereby revised for this project as follows: Subsection 106.11 shall include the following: All post consumer and industrial glass beads for pavement marking shall have been manufactured from North American glass waste streams in the United States of America. The bead manufacturer shall submit a COC in accordance with subsection 106.12 confirming that North American glass waste streams were used in the manufacture of the glass beads. Subsection 627.04 shall include the following: Glass beads shall be applied into the paint by means of a low pressure, gravity drop bead applicator. In subsection 627.05, seventh paragraph, delete the second sentence and replace with the following: Glass beads shall be applied into the epoxy pavement marking by means of low pressure, gravity drop bead applicator. In subsection 627.05, delete the last paragraph and replace with the following: Epoxy pavement marking and beads shall be applied within the following limits: Application Rate or Coverage Per Gallon of Epoxy Pavement Marking p Minimum _ Maximum um a161Vin I"rarl8rtiIt!!9SMwft` BOO SY _{t> Beads 18 lbs. 201bs. Subsection 627.06 (c) shall include the following: Glass beads shall be applied into the thermoplastic pavement marking by means of a low pressure, gravity drop bead applicator. In subsection 713.08, delete the first and third paragraphs and replace with the following: 713.08 Glass Beads for Pavement Marking. Glass beads for pavement marking shall conform to AASHTO M 247, except for the following: (1) Gradation: U.S. Mesh Microns % Retained 16 1400 0 - 10 18 1000 20 - 35 30 600 50 - 70 50 300 95 -100 (2) Roundness: All beads shall meet a minimum of 80 percent true spheres in accordance with the Office of Federal Lands Highways FLH T520 or a computerized optical testing method. (3) Color / Clarity: Beads shall be colorless, clear, and free of carbon residues. (4) Refractive Index: Minimum 1.51 by oil immersion method. (5) Air Inclusions: Less than 5 percent by visual count. (6) Coatings: Per manufacturer's recommendation for optimum adhesion and embedment. May 5, 2011 2 REVISION OF SECTIONS 106, 627 AND 713 GLASS BEADS FOR PAVEMENT MARKING (7) Chemical Resistance: Beads shall be resistant to hydrochloric acid, water, calcium chloride, and sodium sulfide as tested per methods outlined in sections 4.3.6 to 4.3.9 of the TT-B Federal Spec.1325D. (8) A minimum of 40 percent of the total weight shall be manufactured using a molten kiln direct melt method. All molten kiln direct melt glass beads shall be above the 600 pm (#30) sieve. (9) Glass beads used for any type of pavement marking shall not contain more than 75 parts per million (ppm) arsenic, 75 ppm antimony and 100 ppm lead, as tested in accordance with EPA methods 3052 and 6010C, or other approved testing method February 3, 2011 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: (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. SECTION 00300 BID FORM PROJECT: 7277 Intersection Improvements at Harmony & Lemay and Drake & Lemay Place Date In compliance with your Invitation to Bid dated August 30, 2011 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashiers check or standard Bid bond in the sum of ($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds are as follows: 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through _. Rev10120/07 Section 00300 Page 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. February 3, 2011 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 Stormwater Quality Field Guide. (3) Copy of biological opinion, if applicable. 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 quantifies 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). 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. August 19, 2011 REVISION OF SECTION 108 CRITICAL PATH METHOD Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Bar Chart or Initial Schedule shall be submitted at least 10 working days prior to the start of the work. The Engineer's review of the Schedule will not exceed two working days. Work shall not begin until the Schedule is accepted in writing, unless otherwise approved by the Engineer In subsection 108.03 (c), delete the third paragraph. 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. 1. 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 html. The index from this source will be converted to US Dollars using the currency converter at httpJ/finance.vahoo.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 COOT website at: http•/twww dot state co us/DesignSupport/Construction/Fuel%20Cost%2OAdiustments/Cenovus/Daily Pri ces/Daily Asphalt Cement Cost Adiustment 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: 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) (0) Where 4 x i "nrmntpno��tBhalt pnWhdex f&4he caleavrao the tale dar n 3,, s fsR-mpnthrinwhich_idsareopened��f February 3, 2011 2 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�`Asptialt Cement Cost"Adtustment ; u � �� 4��z � 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 Asohalt Pavement. 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'" of the month a February estimate will include HMA quantities measured from the 21 sc of January through the 20t' 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. May 5, 2011 REVISION OF SECTION 109 COMPENSATION FOR COMPENSASLE DELAYS In subsection 109.10, delete the first two paragraphs and replace with the following: 109.10 Compensation for Compensable Delays. If the Engineer determines that a delay is compensable in accordance with either subsection 105.22, 105.23, 105.24, or 108.08, monetary compensation will be determined in accordance with this subsection. (a) These categories represent the only costs that are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1) Actual wages and benefits, including FICA, paid for additional labor not otherwise included in (5) below; (2) Costs for additional bond, insurance and tax; (3) Increased costs for materials; (4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and based on invoice costs for rented equipment; (5) Costs of extended job site overhead; (6) Costs of salaried employees not otherwise included in (1) or (5) above incurred as a direct result of the delay; (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is required for all such claims); (8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead. February 3, 2011 1 REVISION OF SECTION 109 FUEL COST ADJUSTMENT Section 109 of the Standard Specifications is hereby revised for this project as follows: Subsection 109.06 shall include the following: (h) Fuel Cost Adjustments. Contract 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 (OPIS) for Denver No. 2 Diesel. The rate used will be the OPIS Average taken from the OPTS Standard Rack table for Ultra -Low Sulfur w/Lubricity Gross Prices (ULS column), expressed in dollars per gallon and rounded to two decimal places. 2. 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 A"sphaltjM72MR AMM-90_ Sq_u"a ejYard £O OOafi GaI/SY/lnch_depth! 203-Excavation (muck, unclassified) Embankment, Cubic Yard 0.29 Gal/CY Borrow Cubic, ardx �; 0 39 Gal(CY f °'MRoExeavatio , ,° 206-Structure Excavation and Backfill [applies only Cubic Yard 0.29 Gal/CY 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 j 304=Aggregate Base Course (Cass a � G bu i lard 6'0 85, GaI/CY, , "' l 304-Aggregate Base Course (Class ) Ton 0.47 Gal./Ton 307Pr'ocessing,Lme[reateSubgfade n �� t FSqu re Yerd012 C�aIfSY ° ° ' ` f 44, .,>' 310-Full Depth Reclamation Square Yard 0.06 Gal/SY 403-Stone Matrix Asphalt (Grading_) Ton 2.47 Gal/Ton 405.Heattng:and Sfinfymg)i re_atment _, g SquareXard k0 44GaVSY_'= , 405-Heating and Repaving Treatment Square Yard 0.44 Gal/SY '405.HeaUng� nd R mlzing�Treafinent� fi,��;,,',Squarere'�,Yaidr�'044�GaVSjY,�k ri=: _ 406' Cold Bituminous Pavement (Rec ole) Square Yard 0.01 Gal/SY/Inch depth 412= Concrete.Pbvement, t' ,=.Irish + A =,a " , -S u�reTNW .j GallSY/IricFi Uljckness';� 1y j 412-Place Concrete Pavement" Square Yard 0.03 Gal/SY/Inch thickness kF£ }�sx ^'^ rvyy�,"� £" i✓ L Fr„� h2.YFm (A- R Jv 4 :i Hoof IGlix Asp�G�al((F'atcg) isnotsubjecCto uef cost adjustment _ ; #*t Use€thesthtckness``shownon.the3 February 3, 2011 2 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 pay period ends LFA_Adtustmentfiofuel 6bsts rn doJJars FF Fuel usage factor for the pay item z � =.z y �E is , Pa y,quantrtyforythe,pay item,On,th@,f11§b.thly,°. a)'pay estlrnate , �- ; , , , _ 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 20t' of the month a February estimate will include HMA quantities (Q) measured from the 2151 of January through the 201" of February, the FF will be 2.47 Gal Ton, 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 bumer 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. February 3, 2011 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 170' paragraph and replace it with the following: 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. BID SCHEDULE (Base Bid) City of X,.F6rt Collins INTERSECTION IMPROVEMENTS (Harmony & Lemay and Drake & Lemay) City of Fort Collins Bid No.: 1234 CDOT Project No.: AQC M455-091 CDOT Project Code: 16603 Prepared By: City of Fort Collins - Capital Projects Harmony & Lemay Quantity Drake & Lemay Quantity Total Quantity Ref 0 Item A Item Description Unit Unit Cost Total Cost 1 201-00000 Clearing and Grubbing 0.5 0.5 LS 1 2 202-00019 Removal of Inlet 1 0 EA 1 3 202-00090 Removal of Delineator 3 0 EA 3 4 202-00200 Removal of Sidewalk 0 207 SY 207 5 202-00203 Removal of Curb and Gutter 0 375 LF 375 6 202-00220 Removal of Asphalt Mat 700 163 SY 863 7 202-00250 Removal of Pavement Markings 0.5 0.5 LS 1 8 202-00810 Removal of Ground Sign 2 0 EA 2 9 203-00010 Unclassified Excavation (Complete In Place) 432 643 CY 1,075 10 207-00205 Topsoil 0 110 CY 110 11 207-00210 Stockpile Topsoil 0 110 CY 110 12 208-00005 Erosion Log 20 310 LF 330 13 208-00050 Storm Drain Inlet Protection 0 1 EA 1 14 208-00205 Erosion Control Supervisor 10 10 HR 20 15 210-04010 Adjust Manhole 0 1 EA 1 16 212-00006 Seeding (Native) 0 0.3 ACRE 0.3 17 212-00032 Soil Conditioning 10 0 CY 10 18 213-00008 Mulching (Wood Chip) 3,439 0 SF 3,439 19 213-00065 Inorganic Mulch (Rock) 3.439 0 SF 3,439 20 213-00070 Landscape Weed Barrier Fabric 382 0 SY 382 21 213-00700 Landscape Boulder 53 0 EA 53 22 214-00005 Landscape Maintenance (24 Months) 1 0 LS 1 23 214-00225 Deciduous Tree (2.5 Inch Caliper) 8 0 EA 8 24 214-00230 Deciduous Tree (3 Inch Caliper) 20 0 EA 20 25 214-00350 Deciduous Shrub (5 Gallon Container) 95 0 EA 95 26 214-00910 Perennials (1 Gallon Container) 436 0 EA 436 27 304-06000 Aggregate Base Course (Class 6) 541 258 TON 799 28 403-32821 HotMix Asphalt (Grading SG) (100) (PG58- 28) 255 190 TON 445 29 403-33841 Hot Mix Asphalt (Grading S) (100) (PG64- 28) (Modified Binder) 85 63 TON 148 30 403-00720 lHot Mix Asphalt (Patching) (Asphalt) 25 0 TON 25 31 420-00300 Geolextile (Reinforcement) 750 500 SY 1,250 32 605-00040 4 Inch Perforated Pipe Underdrain 657 0 LF 657 33 608-00000 Concrete Sidewalk 0 188 SY 108 34 608-00010 Concrete Curb Ramp 0 10 SY 10 35 609-21010 Curb and Gutter (Type 2) (Section I-B) 1,382 0 LF 1,382 36 609-21020 Curb and Gutter (Type 2) (Section II-B) 0 359 LF 359 Rev 10/20/07 Section 00300 Page 1 February 3, 2011 REVISION OF SECTION 401 COMPACTION OF HOT MIX ASPHALT 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 CP 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 CP 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. February 3, 2011 REVISION OF SECTION 401 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. February 3, 2011 REVISION OF SECTION 401 COMPOSITION OF MIXTURES — VOIDS ACCEPTANCE Section 401 of the Standard Specifications is hereby revised for this project as follows: Subsection 401.02(a) shall include the following: On projects with voids acceptance of hot mix asphalt, mix designs based on a theoretical rejection of baghouse fines may be used when necessary to meet CDOT mix design requirements if the following additional requirements are met. Written approval for use of theoretical rejection of baghouse fines mixture design shall be obtained before production of project material. (1) Price adjustment for the hot mix asphalt shall be made based on voids acceptance criteria as prescribed in the latest version of the Standard Special Provision, Revision of Sections 105 and 106, Conformity to the Contract of Hot Mix Asphalt (Voids Acceptance). All costs associated with theoretical rejection of baghouse fines mix design, production, and acceptance shall be at the Contractor's expense. (2) The Contractor shall submit a separate Quality Control (QC) plan for handling the rejection of baghouse fines. The plan shall identify the plan, equipment, and procedures that will be used for the rejection of baghouse fines. The plan shall include detailed information on baghouse control systems and actual data demonstrating consistent system functionality. The QC plan shall be approved in writing prior to production. (3) The Contractor shall demonstrate that the material can be produced in accordance with one of the two procedures listed below. The Contractor shall supply project aggregate material for use in establishing acceptance testing equipment correction factors. Aggregate samples that have been produced according to CP-L 5117 to represent plant -produced material shall be provided by the mix design lab. (i) The Contractor shall produce a minimum of 3000 tons of material. This material shall be placed on non thru lanes or offsite in locations approved by the Engineer. A minimum of 3 samples will be tested for AC content, air voids and VMA. QL's for each element will be determined in accordance with the contract documents. If the QL is equal to or greater than 65 for VMA and Asphalt Cement Content and the QL for the element of air voids is equal to or greater than 70, full production may commence. This material may be considered a separate process and price adjustment will be in accordance with subsection 105.05 or; (ii) The Contractor shall construct a 500-ton test strip on the main line on the project. Tonnage other than 500 tons may be produced only if approved. Three samples in the last 200 tons will be tested for volumetric properties. After construction of the test section, production shall be halted until the testing is complete and element QL's are calculated. If the QL is equal to or greater than 65 for VMA and Asphalt Cement Content and the QL for the element of air voids is equal to or greater than 70, full production may commence. If the TQL is less than 65 or the QL for the element of air voids is less than 70, the material shall be removed and replaced at the Contractor's expense. February 3, 2011 REVISION OF SECTION 401 RECLAIMED ASPHALT PAVEMENT Section 401 of the Standard Specifications is hereby revised for this project as follows: Subsection 401.02(b) shall include the following: Reclaimed Asphalt Pavement (RAP) is allowed in hot mix asphalt (HMA) up to a maximum of 25 percent for all lifts other than the top lift, provided all specifications for HMA are met. Fine Aggregate Angularity requirements shall apply only to the virgin fraction of the fine aggregate. The RAP shall not contain clay balls, vegetable matter, or other deleterious substances. Mixtures with more than 20 percent RAP shall not be used in the top lift of any asphalt pavement. HMA Project Verification Testing for asphalt content and gradation will be performed at the frequencies listed in the Field Materials Manual in accordance with CP-L 5120. The Contractor shall have an approved mix design for the amount of RAP to be used. The AC content of the RAP utilized in the Contractor RAP mix design shall be the average AC content determined in accordance with 1 B or 1 C. below, or altematively, a minimum of five samples of the Contractors RAP stockpile may be sampled and the average AC content of the RAP be determined using AASHTO T-164, Method A or B, or in accordance with 1C below. The use of RAP shall be controlled in accordance with subsections 105.05 and 106,05. If the Contractor elects to use RAP, the following additional conditions shall apply: The Contractor shall have an approved Quality Control (QC) Plan that details how the RAP will be processed and controlled. The QC plan shall address the following: A. RAP Processing Techniques. This requires a schematic diagram and narrative that explains the processing (crushing, screening, and rejecting) and stockpile operation for this specific project. B. Control of RAP Asphalt Binder Content (AASHTO T-164, Method A or B). RAP Asphalt Binder Content may also be determined in accordance with CP-L 5120, provided an RAP AC content correction factor is determined through correlation testing with AASHTO T-164, Method A or B. The correction factor shall be determined by performing correlation testing on the first five samples of the RAP AC content, then at a frequency of one for every five AC content tests thereafter. The correction factor shall be determined by calculating the average difference in AC content between CP-L 5120 and AASHTO T-164, Method A or B, and applying the correction to the AC content determined in accordance with CP-L 5120: Frequency: 1/1000 tons of processed RAP material (minimum five tests) C. (Alternate) The Contractor may propose a RAP asphalt content correction factor to be used in conjunction with CP-L 5120. The proposed CP-L 5120 RAP asphalt content correction factor shall be used with all RAP asphalt contents tested for the mixture design and quality control sampling and testing. The methodology of the proposed CP-L 5120 RAP asphalt content correction factor shall be outlined in detail in the approved RAP QC Plan. At a minimum, the proposed CP-L 5120 correction factor shall identify the principal source locations of the RAP aggregate, gradation of the material tested, and specific ignition oven serial number used in all the RAP asphalt content testing. The RAP source locations, material gradation, and specific equipment used shall substantiate the CP-L 5120 asphalt content correction factor used for the testing. The substantiation must be from data gathered from historical information or specific asphalt content correction data obtained from tests performed on similar virgin aggregate sources, virgin material gradations, and the specific equipment used. February 3, 2011 2 REVISION OF SECTION 401 RECLAIMED ASPHALT PAVEMENT Control of RAP Gradation (CP31 or AASHTO T-30): Frequency: 1/1000 tons of processed RAP material (minimum three tests) E. Process Control Charts shall be maintained for binder content and each screen listed in subsection 401.02(b), during addition of any RAP material to the stockpile. The Contractor shall maintain separate control charts for each RAP stockpile. The control charts shall be displayed and shall be made available to the Engineer upon request 2. The processed RAP must be 100 percent passing the 31.5 mm (1'/4 inch) sieve. The aggregate obtained from the processed RAP shall be 100 percent passing the 25.0 mm (1 inch) sieve. The aggregate and binder obtained from the processed RAP shall be uniform in all the measured parameters in accordance with the following: UNIFORMITY" Parameter pmaerLoment v.q Percent Passing 19 mm (3,V) 4.0 Percent'.Passing 12.5 mm.('/2) 4 0 Percent Passing 9.5 mm (W) 4.0 Percent Passing 4.75 mm (#4) 4 Q Percent Passing 2.36 mm (#8) 4.0 .'PetcehtPassing 600 µm (#30) 3.0 . Percent Passing 75 u,m (#200) 1.6 is the Maximum allowable of test results of 3. The Contractor shall supply a Performance Graded Binder which meets the AASHTO MP-1 specifications for one temperature grade lower for both the high and low end than that specified in the Contract if RAP content is greater than 20 percent. For example, if the Contract originally specified a PG 76-28, the Contractor shall supply a binder meeting the AASHTO MP-1 specifications for a PG 70-34. 4. If RAP millings generated are incorporated in the same project, in accordance with CPL 5145 the Contractor shall pave with a virgin mix design until sufficient amount of processed RAP has been stockpiled and tested to allow full production of a RAP HMA mix. February 3, 2011 REVISION OF SECTION 401 TEMPERATURE SEGREGATION 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: 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 °F 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 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 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. February 3, 2011 REVISION OF SECTION 401 TOLERANCES FOR HOT MIX ASPHALT (VOIDS ACCEPTANCE) Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.02(a) delete Table 401-1, including the footnotes, and replace with the following: Table 401-1 Tolerances for Hot Bituminous Pavement Element Tolerance Asphalt Cement Content + 0.3 % Voids in the Mineral Aggregate (VMA) ± 1.2 % Air Voids ± 1.2 % May 5, 2011 REVISION OF SECTIONS 412, 601 AND 711 LIQUID MEMBRANE -FORMING COMPOUNDS FOR CURING CONCRETE Sections 412, 601 and 711 of the Standard Specifications are hereby revised for this project as follows: In subsection 412.14, first paragraph, delete the second sentence and replace with the following: The impervious membrane curing compound shall meet the requirements of ASTM C 309, Type 2 and shall be volatile organic content (VOC) compliant. In subsection 601.13 (b), first paragraph, delete the second sentence and replace with the following: A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be used on surfaces where curing compound is allowed, except that Type 1 curing compound shall be used on exposed aggregate or colored concrete, or when directed by the Engineer. In subsection 601.16 (a) 1., delete the first sentence and replace with the following: 1. Membrane Forming Curing Compound Method. A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be uniformly applied to the surface of the deck, curbs and sidewalks at the rate of 1 gallon per 100 square feet. Delete subsection 711.01 and replace with the following: 711.01 Curing Materials. Curing materials shall conform to the following requirements: Burlap;Cloth rpade from lute of Kenaf „' f , a` 'APSHTQ'MJ'62 Liquid Membrane -Forming Compounds for Curing Concrete ASTM C 309 SheetMatenals�for�Curing<.�oncrefei, � � :���,� �,AASHTQ V4,74: � 'Only the performance requirements of AASHTO M171 shall apply. Straw used for curing shall consist of threshed straw of oats, barley, wheat, or rye. Clean field or marsh hay may be substituted for straw when approved by the Engineer. Old dry straw or hay which breaks readily in the spreading process will not be accepted. February 3, 2011 REVISION OF SECTION 601 CONCRETE BATCHING Section 601 of the Standard Specifications is hereby revised forthis 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. February 3, 2011 REVISION OF SECTIONS 601 CONCRETE FINISHING Section 601of 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: (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 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 with 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 37 610-00030 Median Cover Material (Concrete) 2,060 0 SF 2,060 38 613-10000 Wiring 1 0 LS 1 39 620-00020 Sanitary Facility 1 1 EA 2 40 623-00000 Irrigation System 1 0 LS 1 41 623-09906 Irrigation Tie -In (Preparation and Backfill) 1 0 LS 1 42 626-00000 Mobilization 0.5 0.5 LS 1 43 630-00000 Construction Zone Traffic Control (Harmony [Road) 1 0 LS 1 44 630-00000 Construction Zone Traffic Control (Drake Road) 0 1 LS 1 TOTAL COST., TOTAL COST IN WORDS: FORCE ACCOUNT ITEMS: 45 700-70010 F/A Minor Contract Revisions 0.5 0.5 F/A 1 $50,000.00 $50,000.00 46 700-70016 F/A Fuel Cost Adjustment 0.5 0.5 F/A 1 $2.000.00 $2.000.00 47 700-70195 F/A Utilities (Traffic) 0.75 0.25 F/A 1 $40,000.00 $40,000.D0 48 70G-70380 F/A Erosion Control 0.5 0.5 F/A 1 $3,000.00 $3,000.00 49 700-70260 F/A Water Taps 1 0 F/A 1 $15,000.00 $15,000.00 50 700-90006 F/A Signing and Striping 0.5 0.5 F/A 1 $5.000.00 $5.000.00 FORCE ACCOUNT TOTAL: $115,000.00 BASE BID TOTAL (TOTAL COST PLUS FORCE ACCOUNT): BASE BID TOTAL IN WORDS: (TOTAL CONTRACT VALUE) The CDOT Form 347, Certification of EEO Compliance, is no longer required to be submitted in the bid package. This form certified that the contractor/proposed subcontractors were in compliance with the Joint Reporting Committee EEO-1 form requirements. The EEO-1 Report must still be submitted to the Joint Reporting Committee if the contractors and subcontractors meet the eligibility requirements (29CFR 1602.7); we will, however, no longer require certification. For additional information regarding these federal requirements, please refer to: htto://www.eeoc.gov/stats/'obpat/el instruct.html 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 Rev10/20/07 Section 00300 Page 2 February 3, 2011 REVISION OF SECTIONS 627 AND 708 PAVEMENT MARKING WITH WATERBORNE PAINT AND LOW VOC SOLVENT BASE PAINT Sections 627 and 708 of the Standard Specifications are hereby revised for this project as follows: In subsection 627.04 delete the table and replace it with the following DESCRIPTION Paint =Water Based TE ow VO"C §' t i4Hi°"h1Buif x Alf nment €k u ,.4 Laterak Devlation�=.,2 0 irich er 200 foot Max?X Coverage Rate S . Ft per Gallon 100-110 100-110 70-85 iThicki�ess ,. `eta MII .., 4�y . "",1,5�1'7� 15 1�7 #20;25Mfi Width Inches Per Plans +/- 0.25 [ Viu .. .a:5i:� Beads Application Rate, Ibs/ al 6-8 8-10 Subsection 708.05 shall include the following: (c) High Build Acrylic Waterborne Paint. High build acrylic waterborne paint binder (nonvolatile portion of vehicle) shall be 100 percent acrylic cross linking polymer, by weight, as determined by infrared analysis or other chemical analysis available to the Department. 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. February 3,2U11 REVISION OFSECTION G3O RETROREFLECT|VESIGN SHEETING (WITH TYPE V|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 Retroreflective sheeting for all signs requiring an orange background shall be Type A or Type Fluorescent. Rehorofloudvnsheeting for all signs requiring oyellow background shall Type Fluorescent. Table 630-1 mFrmmmFFIFoTIVsSHEETING TYPES Type VI I Sheeting Type IV+ .(Rolf -up sign material) Type Fluorescent Application Work Zone Work Zone Work Zone Orange Construction Signs that are used only during daytime X 4 X hours for short term or mobile operations Vertical Panels X Drums' X or -angel ixe � up. Special Warning Signs X DETOUR sign (M4-9) or x MUM M All other signs used only during X X working hours Ur Mt,83 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-63 0- 1. 5 White only. 4 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 630 RETROREFLECTIVE SIGN SHEETING Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.06, first paragraph, delete the fifth sentence and replace with the following: Retroreflective sheeting on new devices shall be Type IV. Existing devices manufactured with Type III sheeting may be used on projects advertised prior to January 1, 2014. 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) The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: Goals and Timetable for 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.. ° 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 TIMETA BLES FOR FEMALE UTILIZATION UntilFurther Notice...................................................................................................................... 6.9% -- Statewide February 3, 2011 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 Contractors 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 completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this specification, and in the contract resulting from this solicitation, the "covered area" is the county or counties shown on the Invitation for Bids and on the plans. In cases where the work is in two or more counties covered by differing percentage goals, the highest percentage will govern. February 3, 2011 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 Contractors 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. February 3, 2011 4 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off - the -street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when he Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc., by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the Contractor's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 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 other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractors EEO policy extemally 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 Contractors activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation. 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: Signature Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address Telephone Email Date Rev10/20/07 Section 00300 Page 3 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 Contractors minority and female workforce participation, makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractors noncompliance. 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 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 Contractors staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's 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. 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. February 3, 2011 9 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 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. 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. 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. February 3, 2011 1 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (a) Definitions and Procedures For this project, the following terms are defined: 1. Disadvantaged Business Enterprise (DBE). A small business concern that is certified as being: A. At least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and B. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. C. Socially and economically disadvantaged individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is: (1) Any individual whom the Colorado Department of Transportation Office of Certification or the City and County of Denver Division of Small Business Opportunity (DSBO) finds to be a socially and economically disadvantaged individual. (2) Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged: a. "Black Americans," which includes persons having origins in any of the Black racial groups of Africa; b. "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; c. "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; d. "Asian -Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; e. "Subcontinent Asian Americans," which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; f. 'Women", which means females of any ethnicity; g. "Other," which means any additional groups whose members are designated as socially and economically disadvantaged by the Small Business Administration (SBA), at such time as the SBA designation becomes effective and/or individuals who have been determined to be socially and economically disadvantaged based on the criteria for social and economic disadvantage. 2. Underutilized DBE (UDBE). A firm which meets the definition of DBE above and is eligible to meet the contract goal as defined in the project special provision titled "Contract Goal." February 3, 2011 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 the joint 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 forbidding 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. 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. February 3, 2011 3 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. 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 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. (c) 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. 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 a joint venture. 4. A The Contractor may count toward its contract goal only that percentage of expenditures to UDBEs which independently perform a commercially useful function in the work of a contract. A DBE is considered to be performing a commercially useful function by actually performing, managing, and supervising the work involved. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, work performed solely by the DBE, industry practices, and other relevant factors. B. A DBE may enter into subcontracts consistent with normal industry practices. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE shall be presumed not to be performing a commercially useful function. The DBE may present evidence to rebut this presumption to the Department. 5. The Contractor may count toward its contract goal the percentage of expenditures for transportation services obtained from UDBE trucking firms, provided the UDBE controls the trucking operations for which it seeks credit. A UDBE trucking firm must have at least one truck and driver of its own, but it can lease trucks owned by others, both DBEs and non -DBEs, including owner -operators. For work done with its own trucks and drivers, and for work done with DBE lessees, the UDBE trucking firm receives credit for all transportation services provided. For work done with non -DBE lessees, the UDBE trucking firm gets credit only for the fees or commissions it receives for arranging the transportation services, because the services themselves are being performed by non -DBEs. COLORADO DEPARTMENT OF TRANSPORTATION Project tt: BIDDERS LIST DATA and UNDERUTILIZED Location: DBE (UDBE) BID CONDITIONS ASSURANCE Prime Contractor Instructions: This form has two sections, both must be completed and submitted with your bid. Complete Section I to list al/subcontract quotes received (non -DBE and DBE). Complete Section It 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 It. 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 settino overall DBE coals. 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? ❑ Yes ❑ No 2) ff 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? Yes No Work item(s) description Firm being used? Yes No 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. rage I or 4 Previous editions are obsolete and may not be used CDOT Form #714 4/08 February 3, 2011 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 manufacturer is a certified firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Contractor. B. The Contractor may count 60 percent of its expenditures to UDBE suppliers (regular dealers) that are not manufacturers, provided that the DBE supplier performs a commercially useful function in the supply process. A DBE supplier (regular dealer) is a certified firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the Contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a supplier (regular dealer) the firm must engage in, as its principal business and in its own name, the purchase and sale of the products in question. A supplier in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or suppliers within the meaning of this section. C. The Contractor may count toward its contract goal the following expenditures to UDBE firms that are not manufacturers or suppliers (regular dealers): (1) The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. (2) The fees charged for delivery of materials and supplies required to a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a supplier of the materials and supplies, provided that the fee is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. (3) The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. To determine the goals achieved under this Contract the participation as described in (d) of this special provision shall be divided by the original prime Contract amount and multiplied by 100 to determine the percentage of performance. The Contractor shall maintain records of payment that show amounts paid to all DBEs. Upon completion of the project, the Contractor shall submit a Form 17 listing all DBEs that participated in this Contract, the subcontract tier number of each, and the dollar amount paid to each. This dollar amount shall include payments made by nonDBE subcontractors to DBE subcontractors. The Contractor shall certify the amount paid, which may be audited by the Department. When there is no participation by DBEs, the Contractor shall submit a Form 17 that.indicates no participation and gives reasons why there was no participation. CDOT will not count the participation of a DBE subcontractor toward the prime contractor's UDBE achievements or CDOT's overall DBE goal until the amount being counted toward the goal has been paid to the DBE. (e) Replacement of UDBE Subcontractors used to meet the contract goal Based upon a showing of good cause the Contractor may request that a UDBE named on Form 714 or on a Form 715 be replaced with another UDBE pursuant to the terms and conditions of this special provision. In the event that the Contractor is able to both document the need and to offer a replacement UDBE who can perform the work at a reasonable cost, the CDOT Region Civil Rights Professional will approve the replacement at no additional cost to the Department. Replacements will be allowed only with prior written approval of the Region Civil Rights Professional. February 3, 2011 7 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 1. If a replacement is to be requested prior to the time that the named UDBE has begun to effectively prosecute the work under a fully executed subcontract, the Contractor shall furnish to the Region Civil Rights Professional the following: A. Written permission of the named UDBE. Written permission may be waived only if such permission cannot be obtained for reasons beyond the control of the Contractor. B. A full written disclosure of the circumstances making it impossible for the Contractor to comply with the condition of award. C. Documentation of the Contractors assistance to the UDBE named on Form 714 or on Form 715. D. Copies of any pertinent correspondence and documented verbal communications between the Contractor and the named UDBE. E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of the efforts. It is within the control of the Contractor to locate, prior to award, DBEs that offer reasonable prices and that could reasonably be expected to perform the work. For this reason, increased cost shall not, by itself, be considered sufficient reason for not providing an in -kind replacement. 2. In the event a UDBE subcontractor begins to prosecute the work and is unable to satisfactorily complete performance of the work, the Contractor shall furnish to the Region Civil Rights Professional the following: A. Documentation that the subject UDBE subcontractor did not perform in a satisfactory manner. B. Documentation of the Contractors assistance to the UDBE subcontractor 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. 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 #: BIDDERS LIST DATA and UNDERUTILIZED DBE (UDBE) BID CONDITIONS ASSURANCE Location: 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 II. Attach additional sheets as necessary. POLICY It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have equal opportunity to participate on projects financed with federal, state or local entity funds. Consistent with 49 Code of Federal Regulations (CFR) Part 26.11, 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? ❑ Yes ❑ No 2) ff 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/Ouote Certified DBE firm? Yes No Work item(s) description Firm being used? Yes No 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. =yam rrevious eaaidns are oosoiete ana may not oe used CDOT Form #714 4/08 Name of firm submitting Bid/Quote Certified DBE firm? Yes No Work item(s) description Firm being used? Yes No 15. 16. 17. 18. 19. 20. SECTION IL UNDERUTILIZED DBE (UDBE) PARTICIPATION COMMITMENT 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 ❑ 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) % Commitment toward DBE Goal' 1. % 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 day after bids 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 prior to the bid opening will count as Good Faith Efforts. I understand my obligation to abide by the Policy stated above Section I. 1 shall not discriminate on the basis of race, color, age, sex, national origin, or handicap in the bidding process or the performance of contracts. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Company Name: Date: Company Officer Signature: Title: Page 2 of 2 Previous editions are oosoiete and may not oe used CDOT 4714 »,,,o COLORADO DEPARTMENT OF TRANSPORTATION CERTIFICATE OF PROPOSED Project No.: UNDERUTILIZED DBE (UDBE) Project Code (SA#): Location: Form #: of PARTICIPATION 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.dotstate.co.us/ap 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 I - 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 fine and any UDBE lessees. ELIGIBLE UDBE TRUCKING AMOUNT = [ (ACTUAL UDBE AMOUNT) — (Any non-UDBE lessee amounts in this contract)" l ' 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 tacker 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.YAvww.dot.state.co.us/app_ucp/ of work codes at = = \ PART 1 b - SUBCONTRACT; � ' %� C if1 [f�2\ f • ELIGIBLE UDBE SUBCONTRACT AMOUNT= (Actual UDBE contract amount) (Any.non,�DBEilowerr amounts in this contract)` #s ` Work that a UDBE subcontracts to a lower tier non-UDBE firth does not count toward;'t e p 4 ct U BE goal. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION ATE ELIGIBLE UDBE SUBCONTRACT AMOUNT C R= e`er .1� DBE WORK CODE NUMBER�USED FS) THIS UDBE IS BEINGOR: �p Complete list of work codes is at http.'/Avww.doLstate.co us/app•ucp/ �^ „sum PART 1c - SUPPLY CONTRA61-1\1011KYK 1 �- If the supplier is a UDBE with ajype"\field,'Man �facturer" for the item(s): • ELIGIBLE UDBE SUPPLY{AMOUNT ['(ActuahUDBE contract amount) X 100%� If the supplier is a 12DBE ith� "type field of "Regular Dealer for the item(s): • ELIGIBLE UDBE SUPPL AMOUNT = [ (Actual UDBE contract amount) X 60% NOTE: If the supplier 4bDBE with a "Type" field of "Broker" for the item(s) use PART I —BROKER/ SERVICE CONTRACT. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE SUPPLY AMOUNT / / $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR: Complete list of work codes is at http:/Avww.dot.state.co. usrapp_ucp/ PART 1 d - BROKER / 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 ELIGIBLE UDBE SERVICE FEE AMOUNT $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR: Complete list of work codes is at http:/Avww.doLstate.co. usrapp ucp/ Original — Business Programs Office Previous editions may not be used CDOT Form 715 — Page 1 of 2 1106 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=[(C + D) X 100] E> PART 3 — UDBE CONFIRMATION I confirm that my company is participating in this contract as documented in the Prime rr66tracto s cortimitm6t(s) in PART 1 of this form. Only the value of the work that my company is actually performing isi being coui<ted oo-thyform. UDBE Firm Name: UDBE Representative Signature and Title: PART 4 — PRIME CONTF I certify that: • my company has met the • my company has ac�cep • my company has notified Date: submitted a completed CDOT Form #718. UDBE named above. ;ee-YDBE of the contracted UDBE commitment. • my companynaass en�sureu Inai m�proposed UDBE has signed PART 3 of this form. • my company s Use of,t6 proposed UDBE for the items of work listed above is a condition of the contract award. r .. my company(willhn`vite:the;proposed UDBE to attend the pretwnstruction conference. • my compav"' Villfnot use a substitute UDBE for the proposed UDBE's failure to perform under a fully executed subcontract, unless my company complies with the definitions and requirements section of the DBE Special Provisions. I 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. may 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 CDOT Form 715 - 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 CDOT. 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 CDOT 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 CDOT. DBE Work Code DBE Work Code Closest Matching Actual % Amount , DIRECTORYBE • , ES From DBE Directory Description COOT Bid Item # Of Final Contract The DBE Directory can be found online at: http:/twww.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 %' It. 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 1 0% of the Colorado certified UDBEs whose DBE work codes match the type of work being solicited and who are marked as "CDOT 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_ucp/ 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.) • "CDOT 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 CDOT Form 718 - Page 1 of 2 1106 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 Bld 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 Films Bid LJ El LJ 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: Original - Business Programs Office THIS FORM IS CONFIDENTIAL - Previous editions may not be used COOT Form 718 - Page 2 of 2 1/06 -1- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-12-11 r3PXMRA1. 17IE47TRION N11MRF.RS 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 Page 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 10-0s-10 1 4 shall apply throughout the project. 5 10-29-10 5 5 6 07-15.11 1,5 6 7 07-29-11 1,5 7 8 08-12-11 1,5 8 General Decision No. CO20100014 applies to the following counties: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo, and Weld counties. General Decision No. CO20100014 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic 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 12.52 6 Douglas, Jefferson, Larimer, and Weld counties) 1203 Electricians (El Paso county) 28.55 14.46 8 1204 Electricians (Mesa county) 20.31 8.92 1205 Traffic Signal Installer (Zone 1) 23.83 4.75+ 13.75% 1206 Traffic Signal Installer ("Lone 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 Deaver - Ellsworth Avenue & Broadway Ft. Collins - Prospect & College Grand Junction - 12th & North Avenue Pueblo -1-25 & 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 CONTRACT DOCUMENTS TABLE OF CONTENTS Section BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Major Subcontractors CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 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 CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS SOILS REPORT Pages 00020-1 - 00020-2 00100-1 - 00100-9 00300-1 - 00300-3 00400-1 00410-1 - 00410-2 00420-1 - 00420-3 00430-1 00500-1 00510-0 00520-1 - 00520-6 00530-1 00600-1 00610-1 - 00610-2 00615-1 - 00615-2 00630-1 00635-1 00640-1 00650-1 - 00650-2 00660-1 00670-1 - 00670-2 00700-1 - 00700-34 GC -Al - GC-A2 00800-1 - 00800-2 00900-1 00950-1 - 00950-2 00960-1 - 00960-4 Name of firm submitting Bid/Quote Certified BE firm Yes No Work item(s) description Fir us d?Q1ng j Yes No �D 15. 16. 17. 18. 19. 20. SECTION II: UNDERUTILIZED DBE (UDBE) PARTICIPATION COMMITMENT 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 ❑ 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) % Commitment toward DBE Goal' 1. % 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 day after bids 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 Name: Date: Company Officer Signature: Title: Page 2 of 2 Previous emaons are oosoiete ana may not oe usea . UU m. V • �+ +��� -2- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-12-11 GENERAL DECISION NUMBERS CO20100014 AND CO20100015. HIGHWAY CONSTRUCTION General Decision No. CO20100014 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS (coat.): 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 IIP 22.97 9.22 1318 70 HP and over 23.67 9.22 Roller (excluding dirt and soil compaction): 1319 Self-propelled, rubber tires under 5 tons 23.32 9.22 1320 Self-propelled, all types over 5 tons 23.67 9.22 Scraper: 1321 Single bowl under 40 cubic yards 23.82 9.22 Single bowl including pups 40 cubic yards and tandem bowls 23.97 9.22 1322 and over 1323 Trackhoe 23.82 9.22 -3- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-12-1 1 GENERAL DECISION NUMBERS CO20100014 AND CO20100015. HIGHWAY CONSTRUCTION General Decision No. CO20100014 The wage andfringe 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 -4- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-12-11 GENERAL DECISION NUMBERS CO20100014 AND CO20100015. HIGHWAY CONSTRUCTION General Decision No. CO20100014 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic 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 1 Water Truck 14.93 5.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses [29 CFR 5.5(a)(1)(ii)]. END OF GENERAL DECISION NUMBER CO20100014. -5- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-12-I1 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, Prowess, Rio Blanco, Rio Grande, Routt, Saguache, San Juan, San Miguel, Sed wick, Summit, Teller, Washington, and Yuma counties. When work within a project is located in two or more counties, and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. CO20100015 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic 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 12.52 6 and Yuma counties) 3203 Electricians (Cheyenne, Elbert, Kit Carson, Lincoln, Park, 28.55 14.46 8 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 t- 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. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-12-I1 (:FIJFRAT T1F(`TRT()NNTTMRFRR CG20100014 AND Ct1201f10015. HIGHWAY CGNRTRUCTION General Decision No. CO20100015 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classilication Basic Hourly FringeBeneRts 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 50tons and under 23.92 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- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-12-11 GENERAL DECISION NUMBERS CO20100014 AND CO20100015. HIGHWAY CONSTRUCTION General Decision No. CO20100015 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod Laborers: 4000 Asphalt Laborer/Raker 12.40 2.92 4001 Common 12.44 3.53 4002 Concrete Laborer/Mason Tender 12.44 3.10 4003 Striping -Paint Laborer (Pre -form layout and removal of pavement markings) 12.90 3.07 4004 Traffic Director/Flagger 9.42 3.21 4005 Traffic/Sign Laborer (Sets up barricades and cones, and installs permanent signs) 12.39 3.20 4007 Guardrail (Excludes bridgerad) 12.78 3.31 4008 Formwork (Curbs and gutters only) 12.92 4.54 4009 Landscape Laborer (Including irrigation work) 12.21 3.16 Painters: 4100 Spray 17.54 3.52 POWER EQUIPMENT OPERATORS: 4200 Asphalt Plant 17.23 1.20 4201 Asphalt Screed 16.21 3.76 4202 Backhoe 16.42 4.42 4203 Compactor (Dirt and soil only) 16.52 3.13 4204 Grader/Blade 16.39 4.20 4205 Mechanic and or Welder (Includes heavy duty and combination mechanic welder) 16.74 4.20 4206 Post Driver/Punch Machine 16.07 4.41 4207 RotomillOperator 16.28 4.41 4209 Scraper 17.62 3.16 -8- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-12-11 GF.NFRAT. T)RMSTON NI TMBF.RS CO20100014 AND CO20100015. HIGHWAY CONSTRUCTION General Decision No. CO20100015 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic 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 maybe 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. -9- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-12-1 l 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 detennination 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 parry'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. July 29, 2011 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 Affirmative Action Program, training shall be provided on projects as follows: 1. The Contractor shall provide on the job training aimed at developing full journey workers in the skilled craft identified in the approved training plan. The Contractor shall provide at a minimum, required training hours listed in the Project Special Provisions for each project. 2. The 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 woman or minority. 3. The Contractor may employ temporary workers from CDOT supportive services providers to meet OJT requirements. Information pertaining to supportive services providers may be obtained by calling the CDOT OJT Coordinator at the number shown on the link http•//www.coloridodot.info/basiness/eaual- opporhmity/tra i n i ng.html 4. An employee shall not be employed or utilized as a trainee in a skilled craft in which the employee has achieved journey status. 5. 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 4261 East Arkansas Avenue Denver, CO 80222 eondot.state.co.us 1-800-925-3427 6. 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. 7. 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. 8. 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. 9. 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 maybe withheld if the approved program is not followed. July 29, 2011 ON THE JOB TRAINING 10. 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. At the discretion of the Engineer and if funds are available, the Engineer may increase the force account budget and the number of reimbursable training hours through a Change Order. The request to increase the force account must be approved by the Engineer prior to the training. 11. 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. 12. All forms are available from the CDOT Center for Equal Opportunity, through the CDOT Regional Civil Rights Manager, or on CDOT's website at htto://www.coloradodot. info/business/bidding/Biddinq%2OForms/Bid%2OWinner%2OForms 13. 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 and approved by the Engineer. The Contractor shall explain discrepancies between the hours documented on Form 832 and the corresponding certified payrolls. 14. 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 additional journey workers in the area I. The general guidelines for minimum total training hours are as follows: 4 EN Ick.m".( Minimum total tr`ahmg:, Coilo larvalue`hour�s t�obe pro�itled k ��= �on�thelproJect; Up to 1 million 0 3 >1 2 mllhon a { 20 �" >2 - 4 million 640 ,. 4 x(i mtllion -,__t 1280- 'i >6 - 8 million 1600 >8 12=milllant�• �i >12 - 16 million 2240 I�+> For each increment of $5 million, over $20 1280 million :COLORADO DEPARTMENT TRANSPORTATION PROJECT NO. ANT171'COPLUSI 6RAFFIDAVIT LOCATION. Phereby 6ittest.that I am'the person,rbsp6nsIbIj§.wth1n my4irmitor the final decision.as-to thd price(s) and; amount lot thii bld, o - r, if not, thafl hsve,wrnten authorization; enclosed herdwith; frorn'thai person to,make the:statements.-set out below on "my his:br, her behalf and on behalf of firm. I further attest that: 1. The pricos):and amount 61 this:OdPiave been at. independently,., Without consultation; . n,, c . ommuni.catio'n or .arrived igreemenff& the purpose,or wftfi th lileffect of restricting cornpeti�ion with any other fifrg of I person whoJs a. bidder or potential prime bidder, 2A. Neither'thepnice(s) nor the amount of'this bid.havd been, disclosed -to any.other firm -or person who.is A bidder or potential prime bidder ofij.hlb,projeci: and',kill h6t,bes6Oisdiosedpeior'f6.'bid .opening. 2B. Neither the,prices.nor the amount of the-bid,oi anyllothe.r.jimn orperso'n.who is a: bidder.6-r potential prime'bidder on• this project have been disclose'd tome. or- my, firm. No attempt has been made to solicit, cause or 1nduce,any firm briperson,who,is,at bidder'or potentlal,�prime bidder to refrain from bidding:on,this project, or,to submit a,�bid hidher.thari,the bid of thijs.'fi'rm,or'an intentionally. r�noI ntiohilly. high o 6 y n- competitive, bid orother form of c6hriplerne'Jitary bid. 3B, .No agreem6nit has'been promised or soli6ited f6r any other firm or Person;wh6 is a.bidder 6riooteniiaj prime bidder on this.project to submit',;3�n'intent,&611ly kigh, ti noirfc6rnb6tive'ijr othk'-form of 'complementary b�,lrojedt' 1. � - Ty id on this. . 4, The bid of my firm is made:1n good faith and -not pursuant to diry.,consultation, communication,, agreement or rom,any1irm or person o:submit dis-aussion with, or or solic-itation-by f' t t'- nally high,. any intentionally _fi0n60M7 pefifrveor_ other form of complementary bid; 5. My firm has not offered or entered into a- subcontract or,agreement, regarding the purchase or sale,o . f. materials or services from any firm or per . son, .. or offered,' promised or paid cash*;or,anything of value to anyfirm or person,,. Whether, in co6nec.tioh.'with this or,any othei prdj6&t;- 6,6ortilderation for an ggr4inent or,promisdby any firmor p0rson,to retrain from bidding or to.submit-any,inteiritibrially, higlf,, noncompetitive -or other form -of mirripjdmeniary.bild- or agreeing,or promising fo:do soon this,proje6t. q. My.fi&i fias, n6t acceote'd,or been,prornised any'subcc?itra6t,&Agi6er66nt regarding the.sale of rnatehAls or services to . any.firm or perkri, and,has not 66en promisedorpaidd'c'ash-or.-an�ything;of jvalue.6y.,�ny firm or person, ' ' 'Inxohs whetheVin connectionwith ihis;or any otherproject; p ofor my. firm's submittirig, any intentiondily�iderik' qhigh; non6ompetitive or other f6rrh of compleftientary'bid, or agreeing or promising to do so, on'this project:-7. 1 have made a diligent 6quiry, of,all members, officers, eFn0Ioyeej§, ihd*agehts-of my firm with responsibilities relatingt6thd-pr6p&ati6n, approvakor'sutjm_ission of riTy firm's-bid',on this'prbjkfandr,pive been advised byeach: of ifiein,t - Hat h6,6r she has not Participated cbrndiscussion isuftatio, dissio', . agreement; .. 11_collusion, or 'with -any' ; - . -6theiij co'n'du6t inconsistent of the statements and. representations made-ih this aftid5vit. 8. 1 unde'rstand and my firm understindi that any, misstatement, in, this �iff [davit is andshall: be treated.as a,fraudulent concealment, from the Colorado Departmentibf Trinsportation,.6f,the'frue, facts relatinglo suljmissloriof bids for this, contract. I DECLARE UNDER PENALTY OF. PERJURY,IN THE SECOND DEGREEIAA NDNY OTHER APPLICABLE ,STATE OR FEDERAL.LAWS, THAT THE STATEMENTS MADE-0NTHIS DOCLIMENTARE:7RUE AND COMPLETEPLETE Td _ME BEST* OF'MY KNOWLEDGE. _ Contractor's linVoompany name Bg Dale Title 2nd con1pactorS Ann or company name: (11 joint venuie.) By .pate TWA SWorn,t6,'before me this day of, 20 Notary Publio My commission e4irea NOTIE' This-docu ifilint must -be signed, lin'Jink. CD6T,lRo" #66i; ij.6 July 29, 2011 ON THE JOB TRAINING 15. 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. The goal will be met by an approved trainee or apprentice working on that project; or, if a Contractor's apprentice is enrolled in a DOL approved apprenticeship program and registered with CDOT using Form 838 and working for the Contractor on a non-CDOT project. The hours worked on the non-CDOT project may be counted toward the project goal with approved documentation on Form 832. Training hours will be counted toward one project goal. 16. Subcontractor trainees who are enrolled in an approved Program may be used by the Contractor to satisfy the requirements of this specification. 17. The Contractor will be reimbursed $2.00per hour worked for each apprentice or trainee working on a CDOT project and whose participation toward the OJT project goal has been approved 18. 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. 19. Failure to provide the required training will result in the following disincentives: A sum representing the number of training hours specified in the Contract, minus the number of training hours worked as certified on Form 832, multiplied by the journey worker hourly wages plus fringe benefits [(A hours — B hours worked) x (C dollar per hour + D fringe benefits)] = Disincentives Assessed. Wage rate will 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 disincentives to be assessed. February 3, 2011 PARTNERING PROGRAM The Colorado Department of Transportation actively encourages partnering and invites the Contractor and his subcontractors and suppliers to participate in a voluntary partnering agreement for this project. The following information summarizes the partnering process. More information is available through the Resident Engineer listed in the project special provisions. This partnership will be structured to draw on the strengths of each organization to identify and achieve mutual goals. The objectives are effective and efficient Contract performance with reciprocal cooperation, and completion within budget, on schedule, and in accordance with the Contract. This partnership will be bilateral in make-up and all costs associated with this partnership will be agreed to by both parties and will be shared equally. The Contractor shall assume full responsibility for all costs associated with partnering during the implementation of the partnering process. CDOT will reimburse the Contractor for the agreed amount. The CDOT Program Engineer or the Resident Engineer will contact the Contractor within ten days after the award of this project to ask if the Contractor wants to implement this partnership initiative. If the Contractor agrees, the Contractor's on -site project manager shall meet with CDOT's Resident Engineer to plan a partnering development and team building workshop. At this planning session, arrangements shall be made to determine the facilitator and the workshop, attendees, agenda, duration, and location. The workshop shall be held prior to the commencement of any major work item and preferably before the preconstruction conference. The following persons shall attend the workshop: CDOT's Resident Engineer, Project Engineer, and key project personnel; the Contractor's on -site project manager and key project supervision personnel; and the subcontractors' key project supervision personnel. The following personnel shall also be invited to attend as needed: project design engineer, key local government personnel, suppliers, design consultants, CDOT maintenance foreman, CDOT environmental manager, key railroad personnel, and key utility personnel. The Contractor and CDOT shall also have Regional or District managers and Corporate or State level managers on the partnering team. Follow-up workshops may be held periodically throughout the duration of the Contract as agreed by the Contractor and the Engineer at the initial workshop. A closeout workshop shall be held to evaluate the effectiveness of the partnership. The establishment of a partnership charter, which identifies the workshop participants' mutual goals on the project, will not change the legal relationship of the parties to the Contract or relieve either party from any terms of the Contract. February 3, 2011 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. 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 contractor's own organization and with the assistance of workers under the contractors immediate superin- tendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained In these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may In turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any 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. 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 contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forthunder 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 at 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 hislher 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- or's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be Instructed by the EEO Officer In the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the 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 contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such imple- mentation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and 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, ageor 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 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 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'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 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 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 specal 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. 111. 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 thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained In the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provi- sions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage 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 employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorpo- rated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a dassification 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 (f 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 an 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 slated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any appren- tice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor Is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (ex- pressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for 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 Slate 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 unfit 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 shag be liable to the United Slates (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 forth 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 delerntination incorporated into the contract. e. The weekly submission of a property 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 trial 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 FHWA47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, efther a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VIL SUBLETTING OR ASSIGNING THE CONTRACT 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, Stale, 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 safely 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. Witiful 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 ads, 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 concemed with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false represen- tation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre- sentation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the federal -aid Roads Act approved July 21, 1916, (39 Stat. 355), as amended and supple- mented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract Is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 at seg., as amended by Pub.L. 91-604). and under the Federal Water Pollution Control Act, as SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Rev10rz0io7 Section 00410 Page 1 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 dale of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firth agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on -the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such require- ments. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transac- tions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The Inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disquali- fy such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted 9 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 fmm 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- tartly 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 "Usts of Parties Excluded From Federal Procurement or Nonprocuremenl Programs" (Nonprocuremenl 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. I. 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, Stale 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, Stale or local) with commission of any of the offenses enumerated in paragraph lb of this certification; and d. Have not within a 3-year period preceding this applica- tion/proposal had one or more public transactions (Federal, Stale or [oral) terminated for cause or default. 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 Her 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 Debament, 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 Govemment, 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 Ivan, 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-1-1-1., "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. PROJECT SPECIAL PROVISIONS Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 August, 2011 Prepared for: City of Fort Collins Engineering Department 281 North College Avenue Fort Collins, CO 80522-0580 (970) 221-6605 Prepared by: 4601 DTC Boulevard Suite 700 Denver, CO 80237 (303)221-7275 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS EAST HARMONY ROAD AT SOUTH LEMAY AVENUE EAST DRAKE ROAD AT SOUTH LEMAY AVENUE 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. PROJECT SPECIAL PROVISIONS Page Index Pages 1-2 Notice to Bidders 3 Commencement and Completion of Work 4 Contract Goal (Combined) 5 Summary of Work 6-7 Revision of Section 106 — Conformity to the Contract of Hot Mix Asphalt 8 Revision of Section 202 — Removal of Asphalt Mat 9 Revision of Section 202 — Removal of Pavement Markings 10 Revision of Section 203 — Proof Rolling 11 Revision of Section 203 — Excavation and Embankment 12 Revision of Section 207 — Topsoil 13 Revision of Section 212 — Soil Conditioner 14-20 Revision of Section 213 — Mulching 21-22 Revision of Section 214 — Planting 23-29 Revision of Section 304 — Aggregate Base Course 30 Revision of Section 403 — Hot Mix Asphalt 31-33 Revision of Section 403 — Warranted Hot Mix Asphalt 34-41 Revision of Section 411 — Bituminous Material 42 Revision of Section 601 — Miscellaneous Concrete 43 Revision of Section 605 — Subsurface Drains 44 Revision of Section 608 — Detectable Warnings 4547 Revision of Section 623 — Irrigation System 48-49 Revision of Section 625 — Construction Surveying 50-51 Traffic Control Plan — General 52-53 Revision of Section 630 — Construction Zone Traffic Control 54 Revision of Section 702 — Superpave PG Binders 55 Force Account Items 56 Utilities 57-58 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS EAST HARMONY ROAD AT SOUTH LEMAY AVENUE EAST DRAKE ROAD AT SOUTH LEMAY AVENUE STANDARD SPECIAL PROVISIONS Date No. of Pages Revision of Section 105 - Disputes and Claims for Contract Adjustments (May 5, 2011) 21 Revision of Section 105 - Violation of Working Time Limitation (February 3, 2011) 1 Revision of Section 105 and 106 - Conformity to the Contract of Hot Mix Asphalt (February 3, 2011) 7 Revision of Section 106 - Certificates of Compliance and Certified Test Reports (February 3, 2011) 1 Revision of Sections 106, 627 and 713 - Glass Beads for Pavement Marking (May 5, 2011) 2 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 (February 3, 2011) 3 Acre of Disturbance Revision of Section 108 - Critical Path Method (August 19, 2011) 1 Revision of Section 109 - Asphalt Cement Cost Adjustment (February 3, 2011) 2 Revision of Section 109 - Compensation for Compensable Delays (May 5, 2011) 1 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 - Composition of Mixtures - Voids Acceptance (February 3, 2011) 1 Revision of Section 401 - Reclaimed Asphalt Pavement (February 3, 2011) 2 Revision of Section 401 - Temperature Segregation (February 3, 2011) 1 Revision of Section 401 - Tolerances for Hot Mix Asphalt (Voids Acceptance) (February 3, 2011) 1 Revision of Sections 412, 601, and 711 - Liquid Membrane -Forming (May 5, 2011) 1 Compounds for Curing Concrete Revision of Section 601 - Concrete Batching (February 3, 2011) 1 Revision of Section 601 - Concrete Finishing (February 3, 2011) 1 Revision of Section 627 and 708 - Pavement Marking with Waterborne Paint (February 3, 2011) 1 and Low VOC Solvent Base Paint 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 630 - Retroreflective Sign 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, (August 12, 2011) 9 U.S. Department of Labor General Decision Numbers CO20100014 and CO20100015, MOD 8, Highway Construction, Statewide On the Job Training (July 29, 2011) 3 Partnering Program (February 3, 2011) 1 Required Contract Provisions - Federal -Aid Construction Contracts (February 3, 2011) 10 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 NOTICE TO BIDDERS 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. Program Manager— Tim Kemp, P.E. Engineering Department City of Fort Collins 281 North College Avenue Fort Collins, CO 80522-0580 Senior Buyer — John Stephen Purchasing Department City of Fort Collins Phone: (970) 416-2719 Fax: (970) 221-6378 email: tkemp(a)fcgov.com Phone: (970) 221-6777 Fax: (970) 221-6707 email: istephen(@fcgov.com The above referenced individuals are the only representatives of the City with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. Where reference is made in the plans and specifications to Owner, Department, Chief Engineer, Resident Engineer, Project Engineer, Engineer, and Inspection and Testing Agency it is understood to mean the City of Fort Collins, Colorado, representative. Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract by the City in the "Notice to Proceed" The Contractor shall complete all work in accordance with the Contract. 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 shall consist of a Critical Path Method (CPM) schedule prepared using the Microsoft Project Software and submitted in hand and electronic formats.. Salient features to be shown on the Contractor's Bar Chart Progress Schedule are: (1) Mobilization (2) Construction Surveying (3) Construction Traffic Control (4) Removals (5) Roadway Earthwork (6) Erosion Control (7) Curb, Gutter and Sidewalk (8) Asphalt Pavement (9) Irrigation (10) Seeding and Landscaping (11) Utility coordination and relocations n Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 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: UDBE 6.0 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 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. 5 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. ACC M455-091 Construction Subaccount No. 16603 SUMMARY OF WORK PART 1 GENERAL 1.25 Modifications to Time of Completion in the Approved Schedule A. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date specified in the Notice to Proceed. The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the climatic and other factors prevailing in the locality of the work. Every effort shall be made by the Contractor to complete the project within the "Contract Time" shown in the proposal. The "Contract Time" anticipates "Normal" weather and climate conditions in and around the vicinity of the Project site during the times of year that the construction will be carried out. Extensions of time based upon weather conditions shall be granted only if the Contractor demonstrates clearly that such conditions were "unusually severe," would not have been reasonably anticipated, and that such conditions adversely affected the Contractor's work and thus required additional time to complete the work. The following specifies the procedure for the determination of time extensions for unusually severe weather. The listing below defines the anticipated number of calendar days lost to adverse weather for each month and is based upon National Oceanic and Atmospheric Administration (NOAA) or similar data for the geographic location of the project. Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC (7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days and the impact of adverse weather days that delay the work will be recorded on a day- to-day basis. It is assumed that the work will be carried out Mondays through Fridays (holidays excepted) unless an approved construction schedule or written authorization from the Owner indicates otherwise. The number of days of delayed work due to adverse weather or the impact thereof will then be compared to the monthly adverse weather schedule above. [.1 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -2- SUMMARY OF WORK An actual adverse weather day must prevent work for 50 percent or more of the Contractor's workday, delay work critical to the timely completion of the project, and be documented by the Contractor. The City Representative observing the construction shall determine on a daily basis whether or not work can proceed or if work is delayed due to adverse weather or the effects thereof. The Contractor shall notify the Engineer in writing of any disagreement as to whether or not work can proceed on a given date, within 2 calendar days of that date. The Owner will use the above written notification in determining the number of working days for which work was delayed during each month. At the end of each month, if the number of working days for which work was delayed due to adverse weather exceeds that shown in the above schedule, a Change Order will be executed which increases the Contract Time. The number of work days delayed due to adverse weather or the impact thereof will then be converted to Calendar Days based on the contract completion day and date. This conversion assumes a 5-day work week, Mondays through Fridays, holidays excepted; should the Contractor have authorization to work weekends and/or holidays, then the method of conversion of workdays to calendar days would take this into consideration. The contract time period will then be increased by the number of calendar days calculated above and a new contract completion day and date will be set. The Contractor's schedule must reflect the above -anticipated adverse weather delays on all weather -dependent activities. While extensions of time shall be granted for "unusually severe" weather or climate conditions, the Owner shall make no monetary compensation for any costs to the Contractor arising out of such delays. The Contractor shall comply with the portions of the Contract Documents relating to his project schedule and amendments thereto which result from the "unusually severe" weather condition. Breakdowns in equipment or lack of performance by the Contractor will not be considered justification for an extension of time. Liquidated damages will be assessed as delineated elsewhere. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the Contractor has promptly given written notice of such delay to the Owner or Engineer. 1. To any preference, priority, or allocation order duly issued by the Owner. 2. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather as provided above; and 3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2, above. 7 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins. Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 7277 Intersection Improvements at Harmony & Lemay and Drake & Lemay. 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. Rev10/20/07 Section 00410 Page 2 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 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. Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. ACC M455-091 Construction Subaccount No. 16603 REVISION OF SECTION 202 REMOVAL OF ASPHALT MAT Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work includes removal and disposal of existing asphalt mat within the project limits as shown on the plans or at locations directed by the Engineer. In subsection 202.02 delete the seventh paragraph and replace with the following: The existing asphalt mat which is anticipated to vary in thickness from 5.0 inches to 12 inches shall be removed in a manner that minimizes contamination of the removed mat with underlying material. The removed mat shall become the property of the Contractor and shall be disposed of outside the project site. Subsection 202.11 shall include the following: The removal of the existing asphalt mat will be measured by the square yard of mat removed to the required "depth and accepted. Sawcutting will not be paid separately and shall be included in the cost for removal of asphalt mat. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Removal of Asphalt Mat R, Pay Unit Square Yard Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. ACIC M455-091 Construction Subaccount No. 16603 REVISION OF SECTION 202 REMOVAL OF PAVEMENT MARKINGS Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: This work includes removal of existing and temporary pavement markings to the satisfaction of the Engineer. In subsection 202.05 shall include the following: Grinding is not allowed. The method of pavement removal shall be hydrovac using water to minimize the damage to existing pavement surfaces. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal of Pavement Markings Lump Sum 10 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 REVISION OF SECTION 203 PROOF ROLLING Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.13 shall include the following: Proof rolling will not be measured but shall be incidental to the work. Subsection 203.14 shall include the following: Proof rolling will not be paid for separately, but shall be included in the work. Pneumatic tire equipment and load required to achieve the desired weight will not be measured and paid for separately, but shall be included in the work. 11 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows Subsection 203.05 shall include the following: (h) Waste. Dispose of excess excavated material off the project site. Obtain disposal site and obtain all required permitting and environmental clearances necessary for disposal of excess excavated material. Subsection 203.13 shall include the following: (g) Waste. Waste will be measured in its original position by cross -sectioning the area excavated. When the excavation conforms to the staked lines and grades, use the original cross -sections and staked sections for the determination of quantities placed on -site and disposed of off -site as waste. Volumes will be computed from cross -sections by the average end area or other acceptable method. There will be no adjustment for swell of material to be hauled off the project as waste. Subsection 203.14 shall include the following: Payment will be made under: Pay Item Pay Unit Unclassified Excavation (Complete in Place) Cubic Yard Subsection 203.14 delete the sixth paragraph and replace with the following: Payment for Unclassified Excavation (Complete in Place) shall be full compensation for all work necessary to complete the item including construction of unclassified excavation, compaction, compaction of bases of cuts and fills, all work in available material pits, and disposal of excess excavated material as waste. The quantity of excavation and embankment will not be measured but will be the quantity designated in the Contract Documents unless field changes are ordered. If field changes are ordered, the quantity will be adjusted using the revised dimensions. The Engineer, prior to Contractor beginning the work, shall approve the additional or reduced volume of material in writing. 12 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 REVISION OF SECTION 207 TOPSOIL Section 207 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Subsection 207.01 is hereby revised to include the following: This work consists of removing existing on -site topsoil material, stockpiling the existing topsoil material and redistributing the existing topsoil material onto the re -graded slopes at a depth of 4 inches (minimum). The topsoil material shall be generally evenly distributed throughout the project limits. Any excess topsoil generated from this project shall be disposed of off -site and shall not be measured and paid for separately, but should be included in the cost of work. CONSTRUCTION REQUIREMENTS Subsection 207.03, paragraph 13 shall include: Per City Code, soil shall be loosened to a depth of not less than eight (8) inches. The Engineer shall be notified if this cannot occur due to existing conditions. METHOD OF MEASUREMENT Subsection 207.04 is hereby revised to include the following: Topsoil will not be remeasured, but payment shall be based on the quantity identified in the bid tabulation, unless the quantity of Topsoil is significantly changed during construction by an approved Change Order. Bid tabulation quantity is based on final in -place topsoil required to complete the construction. Haul required to redistribute stockpiled topsoil uniformly throughout the project limits shall not be measured and paid for separately, but shall be included in the work. BASIS OF PAYMENT Subsection 207.05 is hereby revised to include the following: The contract unit price for topsoil shall be full compensation for all work necessary to complete the item including removing existing on -site topsoil material, stockpiling the existing topsoil material, haul, redistributing the existing topsoil material onto the re -graded slopes. Payment will be made under: Pay Item Topsoil Stockpile Topsoil 13 Pay Unit Cubic Yard Cubic Yard Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 SECTION 212 SOIL CONDITIONER DESCRIPTION Section 212 of the Standard Specifications is hereby revised for this project as follows: 212.01 This work consists of providing soil conditioners as outlined below. See Section 214 for soil conditioner application. The work shall be in accordance with the Contract and accepted horticultural practices. MATERIALS 212.02 Seed, Soil Conditioners, Fertilizers, and Sod. (b) Soil Conditioners and Fertilizer. 2. Soil Conditioner: Soil conditioner shall consist of compost, biological nutrient, biological culture, or humic acid based material. Humic acid based material (Humate) shall include the following: (1) pH3to5 (2) Maximum 20 percent inert ingredient (3) Minimum 80 percent organic matter with 40 percent minimum humic acid. Compost shall be weed -free, organic compost derived from a variety of feed stocks including agricultural, biosolids, forestry, food, leaf and yard trimmings, manure, tree wood with no substances toxic to plants. Material shall be aerobically composted in a facility permitted by the Colorado Department of Public Health and Environment (CDPHE) to produce or sell compost in accordance with House Bill (HB) 1181. The Contractor shall submit a copy of this permit to the Engineer for approval and the project records. The compost shall be tested in accordance with the U.S. Composting Council's Test Methods for Examining of Composting and Compost (TMECC) manual. The compost manufacturer shall be a participating member of in the U.S. Composting Council's Seal of Testing Assurance Program (STA). The Contractor shall provide a participation certificate and test data on a Compost Technical Data Sheet. Compost shall have the following physical properties: 14 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 Compost Parameters pH Soluble Salts (Electrical Conductivity) Moisture Content_ Organic Matter Content Particle Size (Sieve Sizes) Man-made Inert Contamination_ _ Stability (Respirometry) Select Pathogens -2- SECTION 212 SOIL CONDITIONER Reported as Requirements Test Method pH units 6.0 - 8.5 TMECC 04.11-A dS m-1 or mmhos cm-1 Maximum 10dS/m wet weight basis dry weight basis ---- -1 30 - 60% - %, dry weight basis for each sieve fraction dry weight basis mg CO2-C per g TS per day mg_CO2-C per g OM per day (PASS/FAIL) Limits: Salmonella <3 MPN/4grams of TS, or Coliform Bacteria <1000 30 - 65% Passing_! inch - 100%'/2 inch - 95% <1% 8 or below TMECC 04.10-A TMECC 03.09-A TMECC 05.07-A TMECC 02.02-B TMECC 03.08-A TMECC 05.08-13 TMECC 07.01-13 Fecal Pass Coliforms, or 07.02 Salmonella . T.- .- —_ -- -race Me—tals- Maturity- — - (P.A—SS/FAIL)_- — Limits — (mg kg-1--_, Pass >- 80%--->— T,MEC- -C 04.06-- TMECC--- (Bioassay) Percent dw basis): As 41, Cd 39, Cu 80% 05.05-A Emergence Relative 1500, Pb 300, Hg 17, Ni 420, Seedling Vigor Se 100, Zn 2800 %, (average) %, (average) The Contractor shall provide a CTR in accordance with subsection 106.13 confirming that the material has been tested in accordance with TMECC. Subsection 212.02 shall include the following: (d) Protection -Zone Fencing: Fencing fixed in position and meeting the following requirements. Previously used materials may be used when approved by Engineer. Protection -Zone fencing will be considered incidental to the project and will not be paid for separately. Plastic Protection -Zone Fencing: Plastic construction fencing constructed of high - density extruded and stretched polyethylene fabric with 2-inch maximum opening in pattern and weighing a minimum of 0.4 lb/ft.; remaining flexible from minus 60 to plus 200 deg F; inert to most chemicals and acids; minimum tensile yield strength of 2000 psi and ultimate tensile strength of 2680 psi; secured with plastic bands or galvanized -steel or stainless -steel wire ties; and supported by tubular or T-shape galvanized -steel posts spaced not more than 8 feet apart. a. Height: 5 feet b. Color: High -visibility orange, nonfading. 15 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -3- SECTION 212 SOIL CONDITIONER Add Subsection 212.061 immediately following Subsection 212.06 212.061 Tree Retention and Protection. A. SUBMITTALS 1) Samples for Verification: For each type of the following: a. Protection -Zone Fencing: Assembled Samples of manufacturer's standard size made from full-size components. 2) Existing Conditions: Documentation of existing trees and plantings indicated to remain, which establishes preconstruction conditions that might be misconstrued as damage caused by construction activities. a. Use sufficiently detailed photographs or videotape. b. Include plans and notations to indicate specific wounds and damage conditions of each tree or other plants designated to remain. B. QUALITY ASSURANCE 1) Preinstallation Conference: Conduct conference at Project site. a. Review methods and procedures related to temporary tree and plant protection including, but not limited to, the following: 1. Construction schedule. Verify availability of materials, personnel, and equipment needed to make progress and avoid delays. 2. Enforcing requirements for protection zones. 3. Field quality control. C. PROJECT CONDITIONS 1) The following practices are prohibited within protection zones: a. Storage of construction materials, debris, or excavated material. b. Parking vehicles or equipment. c. Foot traffic. d. Erection of sheds or structures. e. Impoundment of water. f. Excavation or other digging unless otherwise indicated. g. Attachment of signs to or wrapping materials around trees or plants unless otherwise indicated. 2) Do not direct vehicle or equipment exhaust toward protection zones. 3) Prohibit heat sources, flames, ignition sources, and smoking within or near protection zones and organic mulch. 16 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -4- SECTION 212 SOIL CONDITIONER D. PREPARATION Locate and clearly identify trees, shrubs, and other vegetation to remain or to be relocated. Tie a 1-inch blue -vinyl tape around each tree trunk at 54 inches above the ground. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing, placing, or storing construction materials. Protect root systems from ponding, eroding, or excessive wetting caused by dewatering operations. Within the drip line of any protected existing tree, there shall be no cut or fill over a four -inch depth unless a qualified arborist or forester has evaluated and approved the disturbance. Prior and during construction, barriers shall be erected around all protected existing trees with such barriers to be of orange fencing a minimum of (5) feet in height, secured with metal T-Posts, no closer than six (6) feet from the trunk or at the drip line, whichever is greater. There shall be no storage or movement of equipment, material, debris or fill within the fenced tree protection zone. Modification of protective fence locations to accommodate construction shall be approved by the City Forester prior to moving or erecting a protective fence. Where the drip line of trees touch or overlap, place fence around groups of trees. During construction there shall be no cleaning of equipment or materials or the storage and disposal of waste material such as paints, oils, solvents, asphalt, concrete, motor oil or any other material harmful to the life of a tree within the drip line of any protected tree or group of trees. No damaging attachments, wires, signs or permits may be fastened to any protected tree. The installation of utilities, irrigation lines or any underground fixture requiring excavation deeper than six (6) inches shall be accomplished by boring under the root system of protected existing trees at a minimum depth of twenty-four (24) inches. The auger distance is established from the face of the tree (outer bark) and is scaled from the tree diameter at breast height as described in the tree protection chart of the Fort Collins Land use Code Section 3.2.1. Construction shall be performed in a manner to not damage any existing tree. Clearance pruning of any tree on site shall only be by a Fort Collins Licensed Arborist under the direction of the City Forester. Equipment access/drives shall be positioned to minimize travel over the root system of any existing tree. Equipment drive locations over the root system of any significant tree shall be approved by the City Forester with requirements to protect the compaction of exposed soil. Prior to construction the contractor shall meet the City Forester on site to verify protected existing trees and the application of tree protection specifications. 17 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this _ day of 20_, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Address: By: Title: ATTEST: By: (SEAL) By: Title: SURETY (SEAL) Rev10/20/07 Section 00410 Page 3 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -5- SECTION 212 SOIL CONDITIONER The Contractor shall wrap protected trees with concrete blankets or equivalent treatment whenever directed by the owner's representative. E. TREE- AND PLANT -PROTECTION ZONES Protection -Zone Fencing: Install protection -zone fencing along edges of protection zones before materials or equipment are brought on the site and construction operations begin in a manner that will prevent people from easily entering protected. Construct fencing so as not to obstruct safe passage or visibility at vehicle intersections where fencing is located adjacent to pedestrian walkways or in close proximity to street intersections, drives, or other vehicular circulation. Maintain protection zones free of weeds and trash. Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Architect. Maintain protection -zone fencing and signage in good condition as acceptable to Architect and remove when construction operations are complete and equipment has been removed from the site. 1) Do not remove protection -zone fencing, even temporarily, to allow deliveries or equipment access through the protection zone. F. EXCAVATION General: Excavate at edge of protection zones and for trenches indicated within protection zones according to requirements in Section 200 Earth Work. Trenching near Trees: Where utility trenches are required within protection zones, hand excavate under or around tree roots or tunnel under the roots by drilling, auger boring, or pipe jacking. Do not cut main lateral tree roots or taproots; cut only smaller roots that interfere with installation of utilities. Cut roots as required for root pruning. Redirect roots in backfill areas where possible. If encountering large, main lateral roots, expose roots beyond excavation limits as required to bend and redirect them without breaking. If encountered immediately adjacent to location of new construction and redirection is not practical, cut roots approximately 3 inches back from new construction and as required for root pruning. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap. Water and maintain in a moist condition. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil. 18 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -6- SECTION 212 SOIL CONDITIONER G. ROOT PRUNING Prune roots that are affected by temporary and permanent construction. Pruning roots 2" in diameter or greater must be reviewed by City Forester prior to pruning. Prune roots as shown on Drawings and as follows: 1) Cut roots manually by digging a trench and cutting exposed roots with sharp pruning instruments; do not break, tear, chop, or slant the cuts. Do not use a backhoe or other equipment that rips, tears, or pulls roots. 2) Temporarily support and protect roots from damage until they are permanently redirected and covered with soil. 3) Cover exposed roots with burlap and water regularly. 4) Backfill as soon as possible according to requirements in Section 200 Earth Work. Root Pruning at Edge of Protection Zone: Prune roots 12 inches outside of the protection zone, by cleanly cutting all roots impacted to the depth of the required excavation. H. CROWN PRUNING Prune all existing trees retained on City property by cleaning and thinning the canopy. Prune branches that are affected by temporary and permanent construction. Prune branches as shown on the Drawings and as follows: 1) Pruning Standards: Prune trees according to the City of Fort Collins Tree Management Standards I. REGRADING Lowering Grade: Where new finish grade is indicated below existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone. Raising Grade: Where new finish grade is indicated above existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone. J. REPAIR AND REPLACEMENT General: Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Architect/Owner's Rep. 1) Submit details of proposed root cutting and tree and shrub repairs. 19 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -7- SECTION 212 SOIL CONDITIONER 2) Treat damaged trunks, limbs, and roots according to an ISA certified arborist's written instructions. 3) Perform repairs within 24 hours. 4) Replace vegetation that cannot be repaired and restored to full -growth status, as determined by Landscape Architect/Owner's Rep. Protected trees that are damaged during construction will be appraised by a qualified arborist, and the amount of damage appraised will be billed to the Contractor. Trees: Remove and replace trees indicated to remain that are more than 25 percent dead or in an unhealthy condition before the end of the corrections period or are damaged during construction operations that Landscape Architect/Owner's Rep determines are incapable of restoring to normal growth pattern. 1. Provide new trees of same size and species as those being replaced for each tree that measures 6 inches or smaller in caliper size. K. DISPOSAL OF SURPLUS AND WASTE MATERIALS Disposal: Remove excess excavated material, displaced trees, trash and debris, and legally dispose of them off Owner's property. , Subsection 212.07 shall include the following: Tree retention and protection (including installation and maintenance of protection -zone fencing) will not be measured, but will be considered incidental to the work. BASIS OF PAYMENT Subsection 212.08 is hereby revised to include the following: The contract unit price for soil conditioning shall be full compensation for all work necessary to complete the item including mixing of the material at a rate of 3 CY/1000 SF. Payment will be made under: Pay Item Soil Conditioning 20 Pay Unit Cubic Yard Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 SECTION 213 MULCHING Delete Standard Specification 213 and replace with the following: DESCRIPTION 213.01 This work consists of furnishing and placing organic (wood chip) mulch in the planting beds and plant saucers, and furnishing and placing in -organic (rock) mulch over weed barrier, in accordance with the Contract or as directed. MATERIALS 213.02 (a) Organic Mulch. Free from deleterious materials and suitable as a top dressing of trees and shrubs, consisting of the following: Ground or shredded — no weed barrier required. Organic 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 (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 itemized pricing to include Contractor pickup at the above address, hauling material to the site and installation only. (b) In -organic Mulch (Rock). Hard, durable stone, washed free of loam, sand, clay, and other foreign substances, of following type, size range, and color (weed barrier required): Rounded river rock I cobble, Size Range: 100% - 3" (minimum) to 6", Color: Tan -beige color range. (No pinks, blacks, reds or whites). (c) Weed Control Barriers. Mirafi 140, Typar 3341, or Polyspun 300 or approved equivalent. The Contractor shall submit a sample to the Engineer for approval at least 30 days prior to placing on the project. CONSTRUCTION REQUIREMENTS 213.03 (a) General. Areas not properly mulched, or areas damaged due to the Contractors negligence, shall be repaired and remulched as described above, at the Contractor's expense. 21 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -2- SECTION 213 MULCHING Mulch removed by circumstances beyond the Contractor's control shall be repaired and remulched as ordered. Payment for this ordered corrective work shall be at the contract prices. The Engineer may order test sections be established for adjusting the mulching equipment to assure conformance with the specified application rate. The Engineer may order equipment readjustment at any time. (b) Organic (Wood Chip) Mulch. A 4-inch layer, unless otherwise shown in the plans, of wood chip mulch shall be uniformly applied to all planting beds as shown on the plans or as directed. Wood chip mulch shall be placed in all tree and shrub saucers in seeded areas. Wood chip mulch shall be capable of matting together to resist scattering by the wind. (c) In -Organic (Rock) Mulch. A minimum 3-inch layer of rock mulch placed as shown on plans over weed control barrier. BASIS OF PAYMENT 213.05 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 Mulching (Wood Chip) Square Foot Inorganic Mulch (Rock) Square Foot Landscape Weed Barrier Fabric Square Yard 22 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 SECTION 214 PLANTING Delete Standard Specification 214 and replace with the following: DESCRIPTION 214.01 Work Included. This work consists of furnishing and planting trees, shrubs, perennials, and other plant material, hereinafter referred to as "plants" and planting them in areas as shown on the plans or as directed. MATERIALS 214.02 General. Plants shall be of the species or variety designated in the Contract, in healthy condition with normal well developed branch and root systems, and shall conform to the requirements of the current American Standard for Nursery Stock. The Contractor shall obtain certificates of inspection of plant materials that are required by Federal, State, or local laws, and submit the certificates to the Engineer. All plants shall be free from plant diseases and insect pests. All shipments of plants shall comply with all nursery inspection and plant quarantine regulations of the State of origin and destination, and the Federal regulations governing Interstate movement of nursery stock. The minimum acceptable sizes of all plants, with branches in normal position, shall conform to the measurements specified in the Contract. Plants hardy in hardiness zones 2, 3, 4, and 5 only will be accepted. Hardiness zones are defined in U.S. Department of Agriculture publications. All container grown plants shall be those plants that have been growing in a nursery for at least one growing season, or plants that have established themselves in accordance with definitions set forth in the Colorado Nursery Act, Title 35, Article 26, CRS. Trees and shrubs shall have been root -pruned during their growing period in the nursery in accordance with standard nursery practice. If plants of acceptable quality and specified variety or size are not available locally, the Contractor may: Substitute acceptable plants that are larger than specified at no change in contract price. On written approval, substitute smaller plants than those specified in the Contract at the adjusted price stated in the written approval. On written approval, substitute plants of a different genus, species, or variety at the adjusted price stated in the written approval. 23 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -2- SECTION 214 PLANTING Before any substitution of plants will be considered, the Contractor shall furnish to the Engineer written statements from three sources verifying that the plants designated on the plans are not available. At the landscape pre -construction conference, the Contractor shall name the nursery stock supplier for all items. The Contractor shall tag all nursery stock for inspection by the Engineer. The Engineer will reject any nursery stock not meeting the Contract at any of the three following times and locations: (1) At the named supplier's location. The Engineer will notify the Contractor when nursery stock will be inspected at the supplier's location. (2) On the project site at the time of delivery, prior to planting. (3) At the time of installation. Final acceptance of all plant material will be made at the time of installation on the project site. Deciduous plants, broadleaf evergreens, and conifers shall be balled and burlapped, or in containers used in standard nursery practice. Balling and burlapping shall conform to the recommended specifications in the American Standard for Nursery Stock. The ball of the plant shall be natural, not made, and the plant shall be handled by the ball at all times. No balled and burlapped plant shall be accepted if the ball is broken or the trunk is loose in the ball. Each species shall be identified by means of grower's label affixed to the plant. The grower's label shall include the data necessary to indicate conformance to specifications. Plants for fall planting shall be furnished balled and burlapped or container -grown unless otherwise designated in the Contract or approved. (a) Stakes. Wood stakes shall be 2 inches x 2 inches square, or 2 1/z inch diameter and 6 feet long free from bends. Metal stakes shall be 6 feet long standard T-bar steel fence post or #4 or larger rebar. Wood stakes shall be made of untreated wood guaranteed to last in the ground at least two growing seasons. The bottom of wood stakes shall be pointed. (b) Soil Conditioners and Fertilizer. Soil conditioner shall consist of composted plant material, 90 percent '/4 inch or less with a carbon to nitrogen ratio of 15:1 to 25:1. A sample of the soil conditioner and certificate of compliance shall be provided to the Engineer to verify the organic matter content, and carbon matter to nitrogen ratio shall be submitted one month prior to planting for approval. Fertilizer for planting shall be used as specified in the Contract. 24 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -3- SECTION 214 PLANTING CONSTRUCTION REQUIREMENTS 214.03 General. All plants shall be protected from drying out or other injury. Broken and damaged roots shall be pruned before planting. (a) Planting Seasons. Plants shall be planted in accordance with the Contract. Areas to be planted shall be brought to the lines and grades designated or approved. The location of plants shown in the Contract is approximate to the degree that unsuitable planting locations shall be avoided. Trees shall be planted at least 30 feet from the edge of the traveled way, except when guardrail or vertical curb exists, this distance may be reduced to 7 feet. Locations and layouts shall be approved before preparatory work for planting is started. Shrubs shall not be planted closer than 4 feet from the edge of pavement. All layout staking for planting shall be done by the Contractor and shall be approved by the Engineer before planting holes are prepared. The Contractor shall place all plant material according to the approved planting plans, or as directed. (b) Excavation. Planting pits shall be circular in outline with vertical or sloped sides. Pits for trees and shrubs shall be at least two times greater in diameter than the earth ball. (c) Planting. Planting shall be done in accordance with good horticultural practices. Plants of upright growth shall be set plumb and plants of prostrate type shall be set normal to the ground surface. Plants with dry, broken, or crumbling roots will not be accepted for planting. Planting pits shall be dug 2 to 4 inches shallower than the height of the rootball for trees, and 2 inches shallower for shrubs. In non -irrigated areas, planting pits shall be dug so that the top of the rootball is level with the final grade. The tree rootball shall be set in the center of the planting pit on undisturbed soil. Trees shall be stabilized and then the wire basket, any twine or wire, and burlap shall be removed before the pit is backfilled. Shrubs shall be planted in the center of the pit. Plastic, metal, fabric, or peat containers shall be removed. Shallow scores'/4 to''/2 inch deep shall be made along the edges of the rootball. Areas to be planted with ground cover shall be prepared by placing topsoil and a Yz inch layer of soil conditioner on the ground surface, and roto-tilling to a depth of 6 inches. Ground cover shall be planted by excavating to a depth sufficient to accommodate the root structure of plant materials without crimping or bending roots. After planting, backfill shall be placed around the ground cover and compacted firmly around the roots. The planted areas shall be brought to a smooth and uniform grade, and then top dressed with a 2 inch mulch cover of the type specified on the plans. 25 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -4- SECTION 214 PLANTING (d) Backfilling. When soil conditioner is specified, composted plant material shall be added and thoroughly mixed into the backfill material at the rate of 0.5 cubic foot per tree and 0.1 cubic foot per shrub. Backfill shall be thoroughly worked and watered -in to eliminate air pockets. Watering shall be done immediately after the plant is placed. Backfilling of the planting pit shall be resumed after this water is absorbed. Roots and crown shall be covered with soil at this time. After the soil has settled, plants must be in the proper position and at the proper depth. Saucers shall be prepared around each plant to the dimensions shown on the planting details. When saucers are required they shall be covered with a 4 inch thick layer of fresh moist wood chip mulch conforming to Section 213. After completion of all planting and before acceptance of the work, the Contractor shall water plants installed under this Contract, as needed to maintain a moist root zone optimum for plant growth. Plants damaged by the Contractor's operations shall be replaced at the Contractor's expense. Surplus soil remaining after backfilling is completed shall be used for constructing water retention berms, or, if not needed for berms, shall be thinly distributed (wasted) in the vicinity, subject to approval of the Engineer. (e) Pruning. All deciduous trees and shrubs shall be pruned in accordance with standard horticultural practice, preserving the natural character of the plant. Guidelines for pruning are indicated in the planting details. Pruning cuts shall be made with sharp clean tools. All clippings shall become the property of the Contractor and be removed from the site. (f) Staking. All deciduous trees 2 inch caliper and greater shall be staked with two stakes. Stakes shall conform to subsection 214.02(c). Stakes shall be driven 2 feet into the ground with one stake on the side of the prevailing wind (generally the west side) and the other stake on the opposite side. Stakes shall be driven at least 1 foot outside each edge of the planting pit. Trees shall be guyed with 1 to 2 inch wide strips of nylon webbing with metal grommets. Coniferous trees 4 feet or taller shall be staked as designated in the Contract or directed. Stakes shall be spaced equally around the tree. Trees specified to be guyed with wire shall be secured with No. 12 gage annealed galvanized steel wire free of bends and kinks. (g) Wrapping Materials. Wrapping material shall be horticulturally approved waterproof wrapping paper. Wrapping shall be applied from the base of the tree upward to the second scaffold branch and secured with arbor tape. Populus sp. are exempt from tree wrap. The Contractor shall submit the manufacturer's certification for the wrapping material requirements. Wrapping shall be done in the fall months prior to freeze, and removed in the 0 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -5- SECTION 214 PLANTING spring. Wrapping shall not remain on any trees throughout the summer months. Wrapping shall be removed by the Contractor. All plant tags shall be removed from plants and all packing or other material used by the Contractor shall be removed from the site. (h) Irrigation. Plantings that are to be irrigated shall be planted so that the irrigation system is operating and supplying the designated amount of water as planting is occurring. Plants shall be watered within 15 minutes of planting. 214.04 Landscape Establishment. 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 and 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 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 Contractor, Engineer and Landscape Architect, 12 months after the beginning of the Landscape Establishment Period in order to determine 27 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: 2. Permanent main office address: 3. When organized: 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. General character of Work performed by your company: 9 E Have you ever failed to complete any Work awarded to you?. If so, where and why? Have your ever defaulted on a contract? If so, where and why? 10. Are you debarred by any government agency? If yes list agency name. Rev10/20/07 Section 00420 Page 1 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -6- SECTION 214 PLANTING acceptability. Plant replacements determined to be necessary at this inspection will be planted within 30 days following the inspection. A second inspection to determine acceptability will be conducted no later than 23 months following the beginning of the Landscape Establishment Period. 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 Contractor, Engineer and 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. 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. (a) Watering in Irrigated Areas. 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. The contract performance bond, required by subsection 103.03, shall guarantee replacement work during the plant establishment period. If all other work is completed on a project, no contract time will be charged during the plant establishment period. METHOD OF MEASUREMENT 214.05 The quantity of planting to be measured will be the number of plants, of the types and sizes designated in the Contract that are actually planted and accepted. Landscape Maintenance will not be measured, but will be paid for on a lump sum basis. 214.06 The accepted quantities of planting will be paid for at the contract unit price for each of the various items listed below that appear in the bid schedule. Payment for the total cost of the item will be made at the completion of planting. 28 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 Cost of the performance bond shall be included in the cost of the plant items. -7- SECTION 214 PLANTING Payment will be made under: Pay Item Pay Unit Landscape Maintenance (24 Month) LS Deciduous Tree (2.5 Inch Caliper) Each Deciduous Tree (3 Inch Caliper) Each Deciduous Shrub (5 Gallon Container) Each Perennials (1 Gallon Container) Each Water required for all items of work will not be measured and paid for separately, but shall be included in the work. Payment shall be full compensation for all work necessary to complete the item. For each month that landscape maintenance is performed and accepted during the Landscape Maintenance period as specified in subsection 214.04, payment for Landscape maintenance will be made in installments as follows: (1) 5 percent of the lump sum amount will be paid for each of the eight growing season months, March through October for each year. (2) 2.5 percent of the lump sum amount will be paid for each of the winter months, November through February for each year. Landscape maintenance performed during construction will not be measured and paid for separately, but shall be included in the work. Landscape Establishment, except for landscape maintenance, will not be paid for separately, but shall be included in the work. 29 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. ACC M455-091 Construction Subaccount No. 16603 REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for this project as follows: Subsection 304.02 shall include the following: Materials for the base course shall be Aggregate Base Course (Class 6) as shown in subsection 703.03 The aggregate base course (Class 6) must meet the gradation requirements and have a resistance value of at least 32,883 p.s.i. (R>78 when tested by the Hveem Stabilometer method. 30 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 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: Table 403-1 Property Test Value For Grading Method SG(100) S (100) Air Voids, percent at: CPL 3.5 — 4.5 3.5 — 4.5 N (design) 5115 Lab Compaction CPL 8 8 (Revolutions): 5115 100 100 N (design) Stability, minimum CPL 5106 Aggregate Retained on the CP 45 90 70 4.75 mm (No. 4) Sieve with at least 2 Mechanically Induced fractured faces, % minimum Accelerated Moisture Sus- CPL ceptibility Tensile Strength 5109 80 80 Ratio Lottman , minimum Method B Minimum Dry Split Tensile CPL 205 (30) 205 (30) Strength, kPa (psi) 5109 Method B Grade of Asphalt Cement, PG64-28 Top Layer Grade of Asphalt Cement, PG64-22 Layers below To Voids in the Mineral CP 48 See Table See Table Aggregate VMA) % minimum 403-2 403-2 Voids Filled with Asphalt AI MS-2 65-75 65-75 VFA,% Dust to Asphalt Ratio CP 50 0.6 — 1.2 0.6 — 1.2 Fine Gradation 0.8 — 0.8 —1.6 Coarse Gradation 1.6 Note:Al 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 31 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 coarse gradation if they pass below the maximum density line at the #8 screen. -2- REVISION OF SECTION 403 HOT MIX ASPHALT 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. Table 403-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal 'Design Air Voids ** Maximum Size*, 3.5% 4.0% 4.5% mm (inches) 37.5 (1Yz) 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 (Yz) 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. 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. Acceptance samples shall be taken. Subsection 403.03 shall include the following: 32 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -3- REVISION OF SECTION 403 HOT MIX ASPHALT 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. 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 S)(100)(PG 64-28) (Modified Binder) Ton 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. 33 Intersection Improvements = East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 REVISION OF SECTION 403 WARRANTED HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project to include the following: DESCRIPTION This work consists of the construction of warranted hot mix asphalt in accordance with these specifications, and in conformity with the lines and grades shown on the plans or established. MATERIALS AND CONSTRUCTION REQUIREMENTS The provisions of Section 401 do not apply to warranted hot mix asphalt except for the following Longitudinal joints shall conform to the requirements of subsection 401.16. Roadway smoothness shall conform to the requirements of subsection 401.20. Paving limitations shall conform to the requirements of subsection 401.07. The Contractor shall be responsible for the hot mix asphalt mix design, production, placement, performance, process and thickness control testing, and warranty work for a period of 2 years from the date of pavement acceptance. The warranted hot mix asphalt shall be a mixture of aggregate, filler or additives if used, bituminous material, hydrated lime, and reclaimed material if used. A minimum of one percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all warranted hot mix asphalt. The Contractor shall establish the materials mix design (MMD) for the hot mix asphalt. The MMD consists of an aggregate gradation based on percentages of the material passing various sieve sizes, a percentage by weight of bituminous material to be added to the aggregate, and a temperature for the mixture at discharge from the mixing plant. The Contractor shall select all materials to be used in the mixture including the asphalt cement. Transverse cracking shall not be included in the performance warranty if the asphalt cement meets or exceeds the low temperature required for Superpave performance grade PG(64-28) and PG(58-28) conforming to subsection 702.01. The minimum thickness placed shall be as shown on the plans Two weeks before starting paving, the Contractor shall provide the Engineer the MMD, the method of developing the MMD, all MMD testing, a list of materials, and all thickness testing methods. The hot mix asphalt shall be warranted for 2 years against the types of distress listed in (d) below. (a) Warranty and Warranty Bond. By submission of its bid in response to this specification, the Contractor warrants that all of the hot mix asphalt placed on the project shall be free of 34 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -2- REVISION OF SECTION 403 WARRANTED HOT MIX ASPHALT defective materials and workmanship for a period of 2 years from the date of pavement acceptance as defined in the Revision of Section Acceptance. The Contractor further warrants that it will ensure proper and prompt performance and completion of warranty work in accordance with this specification. Warranty work shall be performed when any defect occurs in the hot mix asphalt materials or workmanship within that 2 year period and warranty work is required or needed on that pavement. Prompt performance and completion of warranty work includes payment for all labor performed and for all equipment and materials used. The Contractor understands and agrees that if so required by the Engineer, the Contractor shall perform and complete warranty work after the 2 year period has ended. Delays for warranty work can and may occur due to factors such as weather delays, project reasons which do not reasonably allow that work to be performed, public interest reasons or for any other reason. Performance due to delays will not be required to start later than nine months after the 2 year period has ended. All such warranty work shall be solely at the Contractor's expense up to $25,000.00. The Engineer may elect to have additional work performed and will be responsible for payment of actual expenses incurred by the Contractor. Additional work shall be authorized in writing by the Engineer. All documentation of actual costs incurred in the performance of warranty work shall be made available for audit by the Engineer. The Contractor shall provide a warranty performance bond ("warranty bond") to guarantee the full performance of the warranty work described in this specification. The warranty bond shall be in the amount of $25,000.00. The warranty bond shall be a single term 2 year (plus an additional nine months in certain circumstances) warranty bond that will be in effect for the entire warranty period. The warranty bond shall be in effect upon pavement acceptance, and it shall remain in effect for the total of 2 years from that date. The Contractor shall provide a 2 year warranty bond, that fully complies with this specification, to the Engineer at the time of execution of the Contract. The need for warranty work, and the performance of that warranty work, shall be determined in accordance with (d) below. The Contractor will be released from further warranty work at the end of the warranty period or upon completion of any delay warranty work, as described above, whichever is later, provided all required warranty work has been satisfactorily completed. (b) Pavement Evaluation Team (PET). The PET shall have the final decision authority for all warranty work. The PET shall consist of three subject matter experts not affiliated with the project. One member will be a CDOT staff person, the second member will represent the W Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 asphalt paving industry, and the third will be mutually agreed upon by the other two members. Each member of the PET shall have a minimum 15 years experience in one or a -3- REVISION OF SECTION 403 WARRANTED HOT MIX ASPHALT combination of the following disciplines: pavement management, asphalt pavement design, asphalt pavement construction, maintenance management or asphalt pavement maintenance. The City will cover expenses associated with performing the duties of the PET for the CDOT member and the mutually agreed upon third party. The Contractor shall cover expenses associated with performing the duties of the PET for the asphalt paving industry member Members will be replaced as necessary based upon the criteria above. The City representative on the PET shall be responsible for scheduling distress surveys, preparing the reports, and notifying the Engineer when warranty work is required. (c) Warranty Work. During the warranty period the warranty work shall be performed at no cost to the City and shall be based on the results of the pavement distress survey. Warranty work to be performed and materials to be used shall be in accordance with the remedial actions and other requirements in (d). The Contractor may propose alternative actions for warranty work to the Engineer who will submit the proposal to the PET. All warranty work to repair distresses shall be done in accordance with current CDOT standards and coordinated with the Engineer. Innovative materials and techniques may be considered. The PET will render a final decision by majority vote. During the warranty period, the Contractor may monitor the pavement in question using nondestructive procedures. All proposed remedial actions shall be coordinated with the Engineer. Coring, milling or other destructive procedures shall not be performed by the Contractor without prior written consent of the Engineer. The Contractor is not responsible for damages that are a result of coring, milling or other destructive procedures conducted by the City, utility companies or other entities not under the control of the Contractor. When notified by the PET that warranty work is required, the Engineer will notify the Contractor and Surety, in writing. If the Contractor or Surety fails to respond in writing within fifteen days after receiving written notice from the Engineer, the City may make repairs or contract to have the repairs made and the Contractor and Surety shall be responsible for the total cost of these repairs including lane rental fees. At least 30 days before the expiration of the warranty, and at any other time during the warranty period as deemed necessary by the Engineer, the PET shall conduct a pavement distress survey. If the Engineer is notified by the PET that warranty work is required in accordance with the distress indicators, the Engineer will notify the Contractor and Surety in writing. If the Contractor or the Surety fails to respond in writing within 15 days after receiving written notice from the Engineer, the City will complete the repairs or contract to have the repairs completed and the Contractor and Surety shall be responsible for the total 36 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 cost of these repairs including the lane rental fees. If it is necessary to delay performance of the final warranty work due to weather limitations or other reasons in the public interest, the -4- REVISION OF SECTION 403 WARRANTED HOT MIX ASPHALT Contractor and City shall agree to the extent of work to be performed. Any additional distress resulting from the delay will be the responsibility of the City. Warranty work that requires a resurfacing of the pavement shall be performed only when weather conditions are in accordance with subsection 401.07. The Contractor shall maintain traffic at all times as detailed in the Traffic Control Plan. Warranty work shall be performed during the times of day and days of week specified for the original contract work. (d) Pavement Distress Indicators, Thresholds and Remedial Action. Pavement distress indicators shown below shall be used as the basis for determining the distress types to be considered for repair under the warranty and as the basis for determining the methods for measuring distresses. The pavement distress surveys are conducted by dividing the roadway into nominal one - mile sections. A one -tenth mile segment in each mile will be evaluated for pavement distress. The segment evaluated shall be from 0.3 to 0.4 miles from the start of the section. In addition, in each section, a random one -tenth mile segment will be surveyed. The random one -tenth mile segments will be determined by the PET each time a survey is conducted. The PET will conduct intermediate surveys if requested in writing by the Engineer. The PET will notify the Engineer in writing of the survey results within 15 days. The Engineer will immediately notify the Contractor in writing. Traffic control for conducting the surveys will be the responsibility of the City. If any survey requires remedial action and the Contractor does not dispute the survey results, the Contractor shall remedy the distress. If the survey requires remedial action and the Contractor disputes the survey results, the Contractor shall notify the Engineer in writing within 15 days of receiving notice. The notification shall describe the contractual and legal basis for the disagreement with the survey results. The Engineer will transmit the Contractor's notification to the PET which will render a final decision and notify the Engineer in writing within 30 days of the Contractor's notification. The PET shall determine the remedial action to be performed in all segments in the project where the threshold level is met or exceeded. If areas outside the survey segments are suspected of meeting or exceeding a threshold level, the PET will divide the entire project into 0.1 mile segments and conduct the distress survey in any, or all, segments to see if a threshold level has been met or exceeded. Unless otherwise directed by the Engineer remedial action shall be performed in the same calendar year as the survey that indicated 37 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: 15. Credit available: $ 16. Bank Reference: 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18 19. Are you licensed as a General CONTRACTOR? If yes, in what city, county and state? What class, license and numbers? Do you anticipate subcontracting Work under this Contract? If yes, what percent of total contract? and to whom? Rev10/20/07 Section 00420 Page 2 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 the threshold level is met or exceeded. Remedial action shall be applied to each entire segment in which the threshold level is met or exceeded unless otherwise noted under -5- REVISION OF SECTION 403 WARRANTED HOT MIX ASPHALT remedial action. When the remedial action required includes an overlay, the action shall also be performed on the hot mix asphalt shoulders and adjacent lanes. If remedial action necessitates a corrective action to the pavement markings, adjacent lanes or roadway shoulders, then such corrective action to the pavement markings, adjacent lanes and shoulders shall be performed at the expense of the Contractor. When remedial action requires the removal of pavement, the pavement shall be replaced with a mix approved by the PET. The mix shall be placed according to the Contractor's QCP. Pavement shall be removed by cutting neat lines vertically for the full depth of the affected layer unless otherwise specified. Removal areas shall be rectangular, and the sides and bottoms shall be thoroughly coated with an approved tack coat prior to pavement replacement. If, anytime during the warranty period, 30 percent or more of the project segments require or have received remedial action, then the entire project shall receive a remedial action as determined by the PET. The Contractor will not be held responsible for distresses which are caused by factors beyond the control of the Contractor. A finding that the distress is due to factors outside the control of the Contractor shall be based on evidence submitted by the Contractor to the Engineer. The PET will make the final determination. Distress types to be warranted, the threshold levels requiring remedial action, and the remedial action to be performed by the Contractor shall be according to the following pavement distress indicators: Permanent Deformation - Rutting and Shoving. Rutting is longitudinal surface depression in the wheel path. Shoving is longitudinal displacement of a localized area of the pavement surface caused by traffic pushing against the pavement. Rutting shall be measured at 50 foot intervals using a 6 foot straight edge, and taking several measurements transversely across the pavement to determine the maximum rut depth. Rut depths shall be rounded to the nearest 0.10 inch. Quantity Low > 0.3 to 0.5 inch Moderate > 0.5 to 1 inch High > 1 inch Preferred Actions (Actual action to be approved by PET) Micromill or diamond grind to remove ruts, chip seal, microsurface or remove and replace. Micromill or diamond grind to remove ruts then microsurface or remove and replace. Evaluate the cause and then remove and replace. 38 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -6- REVISION OF SECTION 403 WARRANTED HOT MIX ASPHALT The Permanent Deformation - Correction of rutting and shoving will not be required when the accumulated design lane Equivalent Single Axle Loads (ESAL's) exceed "w" at time intervals shown below: i able A: Z Time after Pavement Accel (sampling intervals) 6 months 12 months 18 months 24 months Kate of LoadinCl Table Maximum Accumulated ESAL's (where D = 3 year projection design lane ESAL's) "w" 0.25 x D 0.50 x D 0.75 x D D If the rutting is suspected to be caused by the base or subgrade, coring (or cross sectional sampling) will be conducted by the Department to determine the cause of the rutting. The Contractor shall have the option to obtain cores and cross-section samples at his own expense, including repair of the sampled areas, traffic control, and all lane rental fees. 2. Pot Holes. Pot holes are bowl shaped depressions of various sizes in the pavement surface caused by loss of pavement mix. Severity Quantity Low < 1 inch deep and > 0.2 feet2 Moderate 1 inch to 2 in. deep and > 0.2 feet2 High > 2 inch deep and > 0.2 feet2 Preferred Actions (Actual action to be approved by PET) Seal coat or crack / joint seal Patch Remove and replace to 2 feet beyond apparent distress. 3. Longitudinal Joint Separation. Longitudinal joint separation is loss of the pavement surface or depressions within 18 inches of a longitudinal joint. 39 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -7- REVISION OF SECTION 403 WARRANTED HOT MIX ASPHALT Severity Quantity Preferred Actions Mean Width Actual action to be approved by PET Seal cracks with hot poured joint and crack Low <_ 0.25 inch sealant materials that meet the requirements of ASTM D 3405. Seal cracks with hot poured joint and crack Moderate > 0.25 inch and <_ 0.75 inch sealant materials which meet the requirements of ASTM D 3405, ASTM D 5078 or ASTM D 5078 with 22% scrap rubber Remove and replace a minimum of 6 inches High > 0.75 in. beyond distress laterally and 2 feet beyond distress longitudinally. In no instance shall resulting joints be placed in the wheelpath. 4. Raveling and Weathering. Raveling and weathering are the wearing away of the pavement surface caused by the dislodging of aggregate particles (raveling) and the loss of asphalt binder (weathering). Affected area shall be repaired to 24" beyond apparent distress. Preferred actions include slurry seal, chip seal, Novachip, ultra -thin overlay or remove and replace. The actual action shall be approved by the PET. 5. Bleeding. Bleeding is a film of bituminous material on the pavement surface which creates a shiny, glass -like, reflective surface. Severity Quantity Preferred Actions Actual action to be approved by PET Low Coloring of surface visible Observe more frequently Moderate Asphalt free on surface Microsurface or SMA overlay Asphalt free on surface Remove and replace full width of lane or High and tire tracks shoulder to two feet longitudinally beyond affected area. 6. Delamination of Pavement Layers. Delamination of pavement is the separation of one layer from the layer below it. Remedial action for delamination: affected area shall be removed and replaced to one foot beyond the apparent distress. 40 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 7. Transverse Cracking. Transverse cracks are cracks relatively perpendicular to the pavement centerline. The highest severity level present for at least 10% of the total length of the crack shall be assigned. Random cracks with transverse cracks are cracks that occur randomly and are within two feet of the transverse crack.. Spalling with transverse cracks is the cracking, breaking or chipping of the pavement surface within two feet of the transverse crack. -8- REVISION OF SECTION 403 WARRANTED HOT MIX ASPHALT Severity Quantity Low < 0.25 inch wide Moderate < 0.75 inch wide < 0.25 inch wide with spalling or random cracking High >_ 0.75 in. wide < 0.75 in. wide with spalling and random cracking Preferred Action (actual action to be approved by PET) Seal cracks with hot poured joint and crack sealant materials that meet the requirements of ASTM D 3405. Seal cracks with hot poured joint and crack sealant materials which meet the requirements of ASTM D 3405, ASTM D 5078 or ASTM D 5078 with 22% scrap rubber. Remove and replace full width of lane or shoulder to one foot longitudinally beyond the apparent distress. (e) Elective or Preventive Action. Elective or Preventive action shall be a Contractor or Surety option, at the Contractor or Surety expense, subject to the approval of the Engineer. The Contractor or Surety shall notify the Engineer in writing if it proposes to perform elective or preventive work. Elective or Preventive work shall be done during times set forth in the Contract for original contract work. Lane rental fees will be assessed. (f) Emergency Work. For warranted distresses, the Engineer may request, in writing, immediate action of the Contractor and Surety for the safety of the traveling public. The Contractor or Surety shall have the first option to perform the emergency work. If the Contractor or Surety cannot perform the emergency work within 24 hours, the Engineer may have the emergency work done by other forces and seek reimbursement from the Contractor or Surety accordingly. Emergency work performed by other forces shall not alter the requirements, responsibilities, or obligations of the warranty. (g) Traffic Control. Construction Traffic control for warranty work shall be performed in accordance with Section 630 at the Contractor's expense. (h) Process Control Testing: The Contractor shall perform process control testing in accordance with the Revision of Section 106, Quality Control for Warranted Hot mix asphalt. Cost of the two year warranty will be incidental to the placement of all hot mix asphalt pavement. 41 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 REVISION OF SECTION 411 BITUMINOUS MATERIALS Section 411 of the Standard Specifications is hereby revised for this project as follows: Subsection 411.01 shall include the following: This work consists of preparation and tack coat of existing asphalt pavement surfaces to be overlayed after completion of milling and prior to overlaying with hot asphalt paving. Also, the work consists of fog sealing the final pavement surface where temporary striping is to be removed. Subsection 411.03 shall include the following: Diluted emulsified asphalt for tack coat shall consist of 1 part emulsified asphalt and 1 part water. Actual rates of application shall be determined by the engineer at the time of application. For plan quantities of bituminous materials, the following rate of application was used: Diluted emulsified asphalt (slow -setting) at 0.10 gallons per square yard (diluted) A tack coat is required prior to the placement of subsequent lifts of HMA. Before placement of the tack coat, the contractor shall clean the roadway to the satisfaction of the engineer. Subsection 411.05 shall include the following: Emulsified Asphalt (tack coat) will not be measured and paid for separately, but shall be included in the work. 42 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 REVISION OF SECTION 601 MISCELLANEOUS CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows: Subsection 601.02 shall include the following: Concrete Class D shall be used for curb, gutter, sidewalk, curb ramps, median cover material and miscellaneous paving. 43 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 REVISION OF SECTION 605 SUBSURFACE DRAINS Section 605 of the Standard Specifications is hereby revised for this project as follows Subsection 605.01 shall include the following: This work consists of furnishing all materials and workmanship necessary to construct the underdrain cleanouts, wrapping the underdrain with weed barrier, CDOT Class A filter material, 10 mil plastic visquine and connection to the existing 15-Inch RCP storm sewer line. The underdrain cleanouts consist of a 4-Inch riser pipe, tee and screw -on cap as specified with the lines and grades shown on the plans. The underdrain connection to the existing storm line shall be grouted or concrete collared around the full circumference of both pipes or as directed by the Engineer. Pay Item Pay Unit 4 Inch Perforated Pipe Underdrain Linear Foot 44 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 REVISION OF SECTION 608 DETECTABLE WARNINGS Section 608 of the Standard Specifications is hereby revised for this project as follows Subsection 608.01 shall include the following: This work includes the installation of detectable warnings on concrete curb ramps at the locations shown on the plans and in accordance with the plans. Subsection 608.02 shall include the following: Detectable warnings on curb ramps shall be truncated domes of the dimensions shown on the standard plans. Domes shall be prefabricated by the manufacturer as a pattern on concrete or masonry pavers. Pavers shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes, and when installed, shall be capable of producing the pattern of domes as shown on the standard plans. Pavers shall meet the requirements of ASTM C 902 or ASTM C 936. Alternate materials may be used, if pre -approved by the Engineer. The Contractor shall submit a sample of the product, the name of the selected supplier, and documentation that the product meets all contrast requirements and will be fully compatible with the curb ramp surface to the Engineer for approval prior to start of work. Known vendors of alternate products include but are not limited to the following: VENDOR NAME PRODUCT PHONE NUMBERS TMA Construction Supply CAST in TACT Warning 303-295-6050 Panels East Jordan Iron Works, Inc. Truncated Dome Plates 800-626-4653 Neenah Foundry Company R-4984 Detectable 800-558-5075 Warning Plate The domes and the underlying surface shall have a minimum of 70% contrast with the light reflectivity of the adjoining surface. The contrast shall be verified using the following equation: Contrast = Bi —B2 X100 Bi Where B, = Light Reflectance Value (LRV) of the lighter area B2 = LRV of the darker area Absolute black and white will not be permitted. 45 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -2- REVISION OF SECTION 608 DETECTABLE WARNINGS The contrast shall be achieved by adding pigment during the fabrication of the paver. Prior to start of work, the Contractor shall submit appropriate documentation from the manufacturer verifying that the contrast has been met, along with a sample paver, to the Engineer for approval. Bedding and joint sand shall be free of deleterious or foreign matter. The sand shall be natural or manufactured from crushed rock. Limestone screenings or stone dust shall not be used. Sand for bedding material shall conform to ASTM C 33. Sand that is to be placed between joints shall conform to ASTM C 144. Subsection 608.03 shall include the following: (g) Detectable Warnings. Pre -fabricated pavers for detectable warnings shall be brought to the site in steel banded, plastic banded or plastic wrapped cubes capable of being transported by a fork lift or clamp lift. Pavers shall be carefully removed and stacked in a manner which results in the least amount of damage. All pavers that are damaged during transport or delivery will be rejected and shall be replaced at the Contractor's expense. Minor cracks or chipping due to transport and handling that do not interfere with the structural integrity of the paver or the overall pattern of truncated domes will not be deemed as grounds for rejection. The Contractor shall spread the bedding sand evenly in the area defined and shall screed the sand to an appropriate embedment depth as shown on the plans or as directed by the Engineer. Sufficient sand should be placed to stay ahead of laid pavers Pavers shall be placed in a running bond pattern. Domes shall be aligned to create a square grid in the predominant direction of travel as shown in the plans. Pavers shall be installed such that the base of the truncated dome is at the same elevation as the adjoining surface, allowing for a smooth transition between the curb ramp and the detectable warning. When cut pavers are required to fill gaps between the pavers and the edge of concrete, the Contractor shall bevel portions of the truncated domes at a 45-degree angle to create a smooth transition between the partial dome and the curb ramp surface. Unless otherwise directed by the Engineer, pavers shall be cut and installed in such a manner that the domes on the cut sections will not significantly impact the overall pattern of the truncated domes. The Contractor shall use a plate vibrator to embed the pavers into the sand. The size and type of plate vibrator shall be in accordance with manufacturer's recommendations, or as directed by the Engineer. All pavers that are damaged during embedment shall be replaced at the Contractor's expense. Joint spacing between paver units shall be in accordance with the manufacturer's recommendations, or as approved by the Engineer. Joints shall be filled completely with joint sand. Excess sand shall be removed by sweeping. 46 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -3- REVISION OF SECTION 608 DETECTABLE WARNINGS (h) Alternate products. Alternate materials shall be installed in accordance with manufacturer's recommendations. The concrete surface to which alternate materials are to be applied shall be prepared in accordance with manufacturer's recommendations. Material requirements, color and application shall be in accordance with manufacturer's recommendations and as approved by the Engineer. Subsection 608.05 shall include the following: Detectable warnings on curb ramps, including sand, pavers, alternate materials, and all other work and materials necessary for fabrication, transport, and installation will not be measured and paid for separately, but shall be included in work for concrete curb ramp. 47 20. Are any lawsuits pending against you or your firm at this time? IF yes, DETAIL 21. What are the limits of your public liability? DETAIL What Company?. 22. What are your company's bonding limitations? 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at this day of 20 Name of Bidder State County of being duly sworn deposes and says that he is of and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20_. Notary Public My commission expires Rev10/20/07 Section 00420 Page 3 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. ACC M455-091 Construction Subaccount No. 16603 REVISION OF SECTION 623 IRRIGATION SYSTEM Section 623 of the Standard Specifications is hereby revised for this project as follows: Subsection 623.10 (b) is hereby revised to include the following: Lateral pipe shall be Class 200 PVC A warranty period of two years from final acceptance or two full growing seasons (growing season defined as May through October), whichever is greater, will be apparent for all the components associated with the irrigation system installed as part of the construction project. 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 monthly basis while the system is in operation throughout the duration of the warranty period. The City will develop a list of components which will need to be addressed and deliver this to the Contractor. The City and Contractor will meet to finalize the list of items to be addressed along with determining the timing of the work to be completed. The following will result in removal and replacement of failed irrigation equipment or parts with new components which meet the project's contract specifications: • Any failure due to product substitution not previously approved by the City • Any failure due to improper installation, not including failures due to acts of nature • Any failures of the irrigation controller and attached sensors due to defective electronics • Any failures due to broken valve wires, wires nicked during construction, improper connections, improper wire gauge, improper grounding, and any other failures due to improper wiring installation • Any failures of the zone valves and decoders due to defective equipment • Any failures of the mainline and lateral pipes due to factory defects, poor workmanship, improper pipe welds or weld material, or poor backfilling techniques • Any defective valve boxes, or any failures of valve boxes due to improper installation (must fall with -1/8" to -5/8" of adjacent improvements) It is the responsibility of the Contractor to correct the irrigation system immediately unless directed by the City. All warranty repairs will remove the improperly installed or failed irrigation equipment and replace with the new components to meet the intent of the contract specifications and plans. The installation shall be performed in accordance with the specifications for irrigation improvements as is defined in the contract and the plans. The Contractor will be responsible for scheduling all traffic control necessary for addressing the items to be repaired. All traffic control plans shall be submitted to the City's Traffic Operations Department for approval prior to commencing the warranty work. The Contractor will also be responsible for notifying the City's project manager at least 48 hours prior to the beginning of any work. 48 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -2- REVISION OF SECTION 623 IRRIGATION SYSTEM Subsection 623.16 is hereby revised to include the following The Contractor will be responsible for preparing the area for the proposed irrigation connection to the City's existing 20-Inch waterline in Lemay Avenue. The Contractor will provide an . excavation area of approximately 6' wide by 12' long by 8' deep or as directed by the Engineer. The excavation and backfill will be paid for as "Irrigation Tie -In (Preparation and Backfill)". All other items associated with this work, including but not limited to; Traffic Control, Removal of Asphalt Mat, Aggregate Base Course (Class 6) and Hot Mix Asphalt (Patching) (Asphalt) will be paid for at the Contract unit price. The proposed paving section over the irrigation tie-in excavation will be the same as the "East Harmony Road Asphalt Pavement Detail", specified in the plans. The City will make the physical W connection to the existing 20" waterline and provide the installation of the corporation stop. The City will pay for the irrigation tap permit and associated fees for the connection to the existing waterline. The Contractor will take over the construction of the remaining irrigation system after the corporation stop, paid for as "Irrigation System". The Contractor will bore the remaining'/d' mainline from the corporation stop to the backflow preventer location (at the southeast corner of the intersection) and continue boring from the backflow preventer, under Harmony Road, to the proposed median. Pay Item Pay Unit Irrigation System Lump Sum Irrigation Tie -In (Preparation and Backfill) Lump Sum 49 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 REVISION OF SECTION 625 CONSTRUCTION SURVEYING Section 625 of the standard Specifications is hereby revised for this project as follows Subsection 625.01 is hereby revised to include the following: All existing survey monuments and property corner located outside of the project grading limits as defined on the plans that are damaged or destroyed by the Contractor will be replaced at the Contractor's expense. All existing survey monuments and property corners located within the project grading limits which are intended to remain in place and intact as defined on the plans shall be protected by the Contractor. Where necessary monuments, property corners, and section corners will be adjusted or replaced by the City for this project. City of Fort Collins will provide the surveying and staking anticipated to include the following 1. Control Location of horizontal and vertical control points will be provided at approximately 1000- foot intervals. Monuments will be set outside the limits of construction. 2. Easements and Right of Way Temporary construction easements (TCE) and those portions of right of way between TCE's will be staked at 100 foot intervals on tangents, PCs, 50 foot intervals on curves, angle points and corner points. 3. Excavation and Embankment a. One set of slope stakes at 25-foot intervals (stations) on each side of the proposed road including intersections. Staking information to include cut/fill for • "limit of cut" or "limit of fill" location • decision point (ditch flowline or grade break) • edge of pavement • roadway centerline b. One set of shoulder and/or curb stakes at 25-foot stations on each side of the road including intersections. C. One set of slope or shoulder stakes for the grading of each driveway and field access. d. Ditch grades shall be defined by the slope staking described above. 4. Storm Drainage One set of offset stakes for each storm drain pipe and inlets. 5. Utility Crossing One set of offset stakes for the utility conduit crossings. 50 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -2- REVISION OF SECTION 625 CONSTRUCTION SURVEYING 6. Subgrade and Paving a. One set of blue top subgrade stakes at 25-foot stations on tangents, PCs and PT's after completion of the subgrade preparation. Stakes to be set at 25-foot stations for horizontal curves with a radius less than 1,000 feet and at all vertical curves. Blue tops will be set on centerline and the edge of pavement on both sides of the roadway. These blue tops will remain in place to be used for the aggregate base course or paving operations. 7. Signs One set of stakes to locate each sign. 8. Delineators No survey will be provided. The Contractor shall install delineators as specified in the plans. 9. Striping City of Fort Collins will provide layout of all temporary pavement striping for the Contractor. 10. Mailboxes, Newspaper Boxes and Address Posts No survey will be provided. The Contractor shall reset all mailboxes, newspaper boxes and address posts per agreement with the property owner and approval by the Engineer. 11. Property Corners and Section Corners Reset property corners located along the right of way and section corners within the project grading limits. 51 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. ACC M455-091 Construction Subaccount No. 16603 TRAFFIC CONTROL PLAN - GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.09. The components of the TCP for this project are included in the following: • City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control Devices (U.S. Department of Transportation), or applicable statutory requirements of authority having jurisdiction. Fort Collins Handbook takes precedence over Manual of Uniform Traffic Control Devices • Section 630 of the specifications. • Revision of Sections 100, 104, and 108 of these Project Specifications • Standard Plan S-630-1, Traffic Controls for Highway Construction, Case and Standard Plan S-630-2 Signing and Striping Plans Special Traffic Control Plan requirements for this project are as follows: A. The Recommended Phasing Plan provided in the Contract Documents is to be used as a guideline for the CONTRACTOR. The CONTRACTOR shall submit his own detailed Traffic Control Plan for approval by the OWNER. The submittal shall be made at least two weeks before implementation of any element of the plan. Adjustments to the approved plan may be required by the OWNER based on actual traffic operation. B. Short -duration closures of City streets are allowed as shown in the Recommended Phasing Plans. C. During all phases of construction a minimum of one eleven -foot lane in each direction shall remain open on Harmony Road, Drake Road and S. Lemay Avenue, except as approved by the City. D. The CONTRACTOR shall maintain pedestrian and bicycle movements through the project site. The Traffic Control plan shall address the method of handling these movements. E. During all phases of construction, a minimum of one lane in each direction plus existing auxiliary turn lanes shall remain open through all intersections, except as approved by the City. F. The CONTRACTOR shall, at all times, provide for emergency vehicle access into and through the construction site. G. Keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. H. Keep fire hydrants and water control valves free from obstruction and available for use at all times. 52 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -2- TRAFFIC CONTROL PLAN - GENERAL I. Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. J. Provide and maintain continual temporary access for businesses and residences. K. Roadway Usage Between Operations - At all times when work is not actually in progress, CONTRACTOR shall make passable and shall open to traffic such portions of the project and temporary roadways or portions thereof as may be agreed upon between CONTRACTOR and OWNER and all authorities having jurisdiction over any properties involved. L. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless allowed by the Engineer. M. The CONTRACTOR shall coordinate Traffic Control activities with the City of Fort Collins Traffic Engineering and Electric Departments to assure that work activities by those departments are coordinated with the CONTRACTORS activities. At the least 48 hours notice is required. Staging of Construction Signing/Striping with Permanent Signing/Striping shall be established with the City's Traffic Department and reflected in the Traffic Control Plan and Schedule. N. Night construction activities are not allowed. O. Construction activities cannot begin prior to 8 am. P. The CONTRACTOR shall maintain 11' (minimum), 12' (desirable) lanes throughout the project unless otherwise noted in the Construction Phasing plans. Q. The CONTRACTOR shall maintain the condition of all pavements including temporary widening and driveways, as directed by the Engineer. Any improvements necessary will be the responsibility of the CONTRACTOR and included in the price bid for Traffic Control. R. The CONTRACTOR shall be responsible for any temporary striping. The work shall be to the satisfaction of the Engineer and included in the price bid for Traffic Control. 53 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Subsection 630.01 shall include the following: The Contractor shall submit detailed traffic control plans (TCP) with the proposed method for handling traffic (MHT). A traffic control phasing overview is provided in the plans for guidelines in the preparation of the MHT's. Upon approval, a copy of the approved MHT shall be available at the project site at all times. METHOD OF MEASUREMENT Subsection 630.14 shall include the following: Payment for traffic control shall be lump sum including all items necessary to complete the work. BASIS OF PAYMENT Subsection 630.15 shall include the following Two portable message signs will be required for the project for the proposed closure of Harmony Road described previously. Provide message boards a minimum of two weeks prior to initiating any work. Pay Item Pay Unit Construction Zone Traffic Control (Harmony Road) Lump Sum Construction Zone Traffic Control (Drake Road) Lump Sum Temporary pavement markings and removal of temporary pavement markings is not paid for separately and is included in the -.items for construction zone traffic control and removal of pavement markings. Two Variable Message Boards are required at each intersection (4 total) for a minimum of 5 days prior to the start of construction. Once the Work Zone is setup, the Message Boards can be removed. Payment for the Variable Message Boards shall be included in the Lump Sum payments for Construction Zone Traffic Control. All work required for project traffic control for all activities of work is included in the item bid for construction zone traffic control. &1 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 REVISION OF SECTION 702 SUPERPAVE PG BINDERS Section 702 of the Standard Specifications is hereby revised for this project as follows: Subsection 702.01(a) shall include the following: Asphalt cement shall not be acid modified or alkaline modified. Asphalt cement shall not contain any used oils that have not been re -refined for resale. In addition, no modifiers shall be added that do not comply with environmental rules and regulations including 40 CFR Part 261.6(a) (3) (v), and part 266/Subpart C. Modifiers shall not be carcinogenic. The supplier of the PG binder shall be certified in accordance with CP 11. 55 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Division'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 itemizec statement endorsed by the Contractor. Estimated Force Account Item Unit Amount F/A Minor Contract Revision F.A. $ 50,000 F/A Fuel Cost Adjustment F.A. $2,000 F/A Utilities (Traffic) F.A. $ 40,000 F/A Erosion Control F.A. $ 3,000 F/A Water Taps F.A. $ 15,000 F/A Signing and Striping F.A. $ 5,000 Force Account Descriptions F/A Minor Contract Revisions — This work consists of minor work authorized and approved by the Engineer, which is not included in the contract drawings or specifications, and is necessary to accomplish the scope of work of this contract. F/A Fuel Cost Adjustment — In accordance with Standard Special Provision Section 109. F/A Utilities (Traffic) — This work consists of minor traffic signal work at the intersections. This work will be performed by City staff. No payment will be made to the contractor for the work. F/A Erosion Control — This work consists of minor erosion control work authorized and approved by the Engineer which is not included in the contract drawings or specifications, and is necessary to accomplish the scope of work for this Contract. F/A Water Taps — This work consists of connecting the irrigation system to the City water supply authorized and approved by the Engineer which is not included in the contract drawings or specifications, and is necessary to accomplish the scope of work for this Contract. F/A Signing and Striping — This work consists of placing the final signing and striping for the project by City staff. No payment will be made to the contractor for the work. 56 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 UTILITIES The following Utilities are known to be within the project limits: Uti — r Contact Dennis Greenwalt Phone 7166 Traffic — City of Fort Collins Syl Mireles (970) 221-6815 Water — City of Fort Collins Roger Buffington (970) 221-6854 Electric — City of Fort Collins Doug Martine (970) 224-6153 Utilities Department P.O. Box 580 Fort Collins, CO 80522 Telephone — Qwest Bill Johnson (970) 377-6401 3702 Automation Way Suite 106 Fort Collins, CO 80525 The work described in these plans and specifications will require coordination between the Contractor and the utility companies in accordance with subsection 105.10 in conducting their respective operations, so the utility work can be completed with minimum delay to all parties concerned. The Contractor will be required to provide traffic control for any utility work expected to be coordinated with construction, as directed by the Project Engineer. The Contractor shall coordinate expected relocation completion schedules with each utility after notice to proceed. The Contractor shall complete a project schedule and updates to that schedule so that the project will be completed in the time frame allowed in this contract considering utility relocations and utility coordination at the time of construction. ana specirications, ana as alrected by the Engineer. The Contractor shall keep the utility companies advised of any work being done to their facilities, so that the utility companies can coordinate their inspections for final acceptance of the work with the Engineer. Provide written notice to each utility company, with a copy to the Engineer, prior to any work by a utility company that is to be coordinated with project construction. A minimum of three (3) calendar weeks of prior notice is required. For the City of Fort Collins Utilities — The Contractor shall coordinate the irrigation tap with the City Water Department. For the City of Fort Collins Traffic Facilities — The Contractor shall coordinate the Drake and Lemay facilities with the City Traffic Department. Specifically, the manhole adjustment and verifying that the pull box has been abandoned by the City Traffic Department. 57 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM SUBCONTRACTOR Section 00430 Page 1 Intersection Improvements East Harmony Road at South Lemay Avenue East Drake Road at South Lemay Avenue Federal Aid Project No. AQC M455-091 Construction Subaccount No. 16603 -2- UTILITIES General — The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements"), when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least three (3) business days prior to commencing such operations. Contact the Utility Notification Center of Colorado (UNCC) to have locations of UNCC-registered lines marked by member companies. Call 1-800-922-1987 for locate requests outside the Denver Metro area. All other underground facilities shall be located by the contacting the respective company. Utility service laterals shall also be located prior to beginning excavation or grading. All costs incidental to the foregoing requirements will not be paid for separately, but shall be included in the work. ., STANDARD SPECIAL PROVISIONS Final Pavement Design And Geotechnical Engineering Report Intersection Improvements in Ft. Collins Project No. 28-244 July 14, 2009 Prepared for: PBSU 4701 DTC Boulevard Denver, Colorado 80237 Aft: Lee Kunselman, P.E Prepared by: Yeh and Associates, Inc. 5700 East Evans Avenue Denver, Colorado 80222 Phone: 303-781-9590 Fax:303-781-9583 Table of Contents I Page 1.0 Project Information.............................................................................................1 1.1 Purpose and Scope of Study.............................................................................1 2.0 Proposed Construction 3.0 Geologic Conditions...........................................................................................3 4.0 Subsurface Exploration......................................................................................3 5.0 Laboratory Testing..............................................................................................5 5.1 Soil Classification.............................................................................................. 6 5.2 Dry Density and Moisture Content Tests........................................................... 6 5.3 Soil Corrosion and Sulfate Attack ................... ......................6 5.4 Swell/Settlement Tests......................................................................................7 6.0 Traffic Loading....................................................................................................7 7.0 Pavement Recommendations ..........7 .................................................................. 8.0 Asphalt Mix Recommendations.......................................................................10 9.0 Subgrade Preparation.......................................................................................11 10.0 Drainage...............................................................................:.............................11 11.0 Limitations.........................................................................................................11 Figures........................................................................................................................ No. LocationMap................................................................................................................... I BoringLocations..............................................................................................................2 Tables.........................................................................................................................No. TrafficLoading.................................................................................................................1 R-value and Resilient Modulus Values............................................................................2 HMA Pavement Design Parameters................................................................................3 PCC Pavement Design Parameters................................................................................4 Minimum Recommended HMA Pavement Thickness......................................................5 Minimum Recommended PCC Pavement Thickness......................................................6 Soil Compaction Requirements.......................................................................................7 Appendix BoringLogs..................................................................................................................... A LaboratoryTest Results.................................................................................................. B PavementDesigns.......................................................................................................... C Fort Collins Intersection Improvements Project No. 28-244 1.0 Project Information 1.1 Purpose and Scope of Study This report documents the results of the geotechnical investigation and pavement design for improvements at four intersections in the City of Fort Collins, Colorado. The improvements are to construct turn lanes at the following intersections: 1. The northeast and southeast corners of Mulberry Street and Shields Street, to improve traffic flow from westbound Mulberry to northbound Shields and from northbound Shields to eastbound Mulberry, right turn lanes. 2. The southeast corner of Laurel Street and Shields Street to improve traffic flow from northbound Shields to eastbound Laurel, right turn lane. 3. The median of Harmony Road to improve traffic flow from westbound Harmony to southbound Lemay, left turn lane. 4. The northeast corner of Drake Road and Lemay Avenue to improve traffic flow from westbound Drake to northbound Lemay, right turn lane. Figure 1 is a site location map showing the intersections in relation to the entire Fort Collins Area. The scope of work for this study included exploring the subsurface conditions by advancing one exploratory boring for each turn lane, conducting laboratory testing on representative samples obtained from the subsurface explorations and for each location calculating minimum required pavement thickness for both Hot Mix Asphalt (HMA) pavement and Portland Cement Concrete (PCC) pavement. 2.0 Proposed Construction It is our understanding that the intersection improvements will be constructed in the future as funds become available. Figure 1 Ft. Collins Intersection Improvements A Fort Collins Intersection Improvements Project No. 28-244 3.0 Geologic Conditions The geology of the sites 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 sites are located east of the Front Range piedmont of the Southern Rocky Mountain Region. The area is generally overlain by windblown alluvial sand containing various amounts of silt and clay. The overburden is lower Holocene to upper Pleistocene in age. The bedrock in the project area is generally considered to be the Dawson and Denver blue formation of lower Paleocene to upper Cretaceous age, arkosic sandstone, claystone, siltstone, and conglomerates. The Dawson Formation is intertongued with the Denver Formation of the same age and similar makeup. 4.0 Subsurface Exploration The subsurface explorations of the proposed project sites for this study were iconducted during the first week of October, 2008. One exploratory boring was advanced to a depth of 10 feet at each turn lane location. The borings are located as follows: i 1. Boring P-1 is located approximately sixty (60) feet south of Mulberry Street on the east side of Shields Street. 2. Boring P-2 is located approximately thirty (30) feet east of Shields Street on the north side of Mulberry Street. 3. Boring P-3 is located approximately sixty (60) feet south of Laurel Street on the east side of Shields Street. 4. Boring P4 is located approximately one hundred (100) feet east of Lemay Avenue in the median of Harmony Road. 5. Boring P-5 is located approximately sixty (60) feet east of Lemay Avenue on the north side of Drake Road. The approximate locations of the exploratory borings are presented on Figure 2, Boring Location Map. The exploratory borings were drilled by using a truck -mounted CME-55 drill rig. All test holes were advanced using 4-inch outside diameter, solid stem 3 Z. -n Figure 2 Ft. Collins Intersection Boring Locations y 0 r = Pf utberry •Scree# €...'P-z CD P 1 g ae trle( Street CD P`3 r Y a i F Or3 C�rak,a FPIoad P5. f ty ti r r r Harmony o ny • Road i O CD O N 93 ,Np 1� Fort Collins Intersection Improvements Project No. 28-244 continuous -flight augers to a depth often (10) feet. Bulk soil samples were taken from below the pavement section to a depth of five (5) feet and penetration tests (PT) were obtained at depths of four (4) and nine (9) feet and no ground water was encountered during our investigation. 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. The results are shown on the Boring Logs in Appendix A. Existing pavement, fill material, and natural soils were encountered during drilling. Asphalt, base course; and sandy clay, either natural or fill material was encountered in all of the borings. 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 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 for each location. Laboratory tests were performed in general accordance with the applicable local or other accepted standards, and the results are summarized below. SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed Section 00510 Page 1 Fort Collins Intersection Improvements 5.1 Soil Classification Project No. 28-244 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 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 bulk samples from borings P-1, P-4, and P-5 was A-6, clay or sandy clay and the R-value was measured at 10. Bulk soils samples from boring P-2 was a clay with an R-value less than 5, and Boring P-3 was classified as A-2-4 with an R-value of 6. Using these R- values and equations 2.1 and 2.2 from the Colorado Department of Transportation (CDOT) 2009 Pavement Design Manual, resilient modulus (MR) values were calculated for use in the design of the HMA pavement thickness options. The resilient modulus values were as follows, R = 10 yielded MR = 3,562 psi, R = 5 yielded MR = 3,025 psi, and R = 6 yielded MR = 3,126 psi. These resilient modulus values were used as input values to the DARWin Pavement Design Program. Laboratory soil test results are in Appendix B. 5.2 Dry Density and Moisture Content Tests Dry density and moisture content tests were performed by methods similar to those described in ASTM D2937 and D2216 to determine the in -situ density and moisture content of materials encountered. 5.3 Soil Corrosion and Sulfate Attack Water-soluble sulfate and pH tests were performed to evaluate the potential attack on concrete at each site. As presented in Appendix B, Summary of Laboratory Test Results, the general characteristics of the soils at the sites indicate a pH of between 8.1 to 8.4, considered slightly basic, and soluble sulfate concentrations ranging from 0.007 to 0.045 percent, which represent a negligible degree of sulfate attack on concrete exposed to these materials. The degree of N Fort Collins Intersection Improvements Project No. 28-244 I attack is presented in the "Design and Control of Concrete Mixtures" by the Portland Cement Association (2002). Based on the laboratory test results, concrete exposed to on -site soils could contain Type I Portland cement. 5.4 Swell/Settlement Tests Swell/settlement tests were conducted in general accordance with ASTM I 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 I results ranged from -0.4 to 1.1 percent settlement (See Appendix B), and indicate that the natural soils possess a low swell potential, so no special measures will be required to address swelling soils. d 6.0 Traffic Loading The City of Fort Collins provided present and future 20-year and 30-year Equivalent Single Axle Loads (ESALs) for pavement design calculations. The 20 and 30-year ESAL's used for pavement design appear in Table 1: Table 1 Traffic Loading - Equivalent Single Axle Loads r` n� .jj � . 31k�:i.'a'6 clytV PJ�.��Z � �� ' ���£f Ioativ�eclon ; ^a `t. rF` `.�R * "'yf�'ivy� :i. 'Ct st Fz� 'G� iti egt V ifjgl 'hTc ii ��. 1'iY 9i f i. 64, A- gads, �Y:F .v 'T }'f,�•�.iy'`:v` iI d L=11101AM{=StcNF .�� '��'. 0{/'7'..P.... . s,-.?.. .�' 7✓Is 1 � YG,.... Mulberry and Shields 2,190,000 3,285,000 Lemay and Harmony 2,555,000 3,832,500 Lemay and Drake 1,095,000 1,642,500 Laurel and Shields* 2,190,000 3,285,000 * No traffic loading values were provided for Laurel and Shields, so the loadings from Mulberry and Shields were used for the pavement design. 7.0 Pavement Recommendations `• Individual R-values were used for each HMA turn lane design. Using Equations 2.1 and 2.2 from the Colorado Department of Transportation's (CDOT) Pavement I I Fort Collins Intersection Improvements Project No. 28-244 Design Manual the resilient modulus values in Table 2 were calculated for each turn lane design. Table 2 - R-value and Resilient Modulus Values toawayec$on Aeflgn Rjvatue; >�t �x : ri � ���1 r � � �•�� �> ; � �Mo '}lu (psi) s .`' "yam. f � ,. r i3� .N� ,;, `h . -`'• rr a� F :i� , s i,.. rgr u�-� y _ NB Shields to EB Mulberry <5 3,025 WB Mulberry to NB Shields 10 3,562 Lemay and Harmony 6 3,126 Lemay and Drake 10 3,562 Laurel and Shields* 10 3,562 For the PCC pavement designs, and a supgraae reaction moauius (K) or r u psi/inch was determined using the project soil classifications and sensitivity analysis. The pavement design program, DARWin (Version 3.1) was used to calculate the HMA pavement thickness. The DARWin Program uses the 1993 AASHTO Pavement Design Guide Criteria. The 1998 Supplement to the AASHTO Pavement Design Guide was used for the PCC pavement thickness designs. Pavement section thicknesses were calculated following the Colorado Department of Transportation 2009 Pavement Design Manual. The design parameters for the pavement designs in are shown below: Table 3 and 4 contain the design parameters used to obtain the above recommended thicknesses. 8 Fort Collins Intersection Improvements Project No. 28-244 Table 3 - HMA Pavement Design Parameters Hot Mix Asphalt Initial Serviceability 4.5 Reliability Level, % 90 Terminal Serviceability 2.5 HMA Structural Layer Coefficient 0.44 ABC Minimum R-value 69 ABC Structural Layer Coefficient 0.11 Table 4 - PCC Pavement Design Parameters Portland Cement Concrete Initial Serviceability 4.5 Reliability Level, % 90 Terminal Serviceability 2.5 Effective k-value, pci 70 Modulus of Rupture, psi 650 Elastic Modulus of Slab, psi 3.4x10' 1 The DARWin HMA pavement thickness design calculations and 1998 Supplement Pavement Design printouts for PCC pavement are shown in Appendix C and summarized in Table 5. Table 5 - Minimum Recommended HMA Pavement Thickness yx ^i, eta Zu � �`x r -l'�{Y a o�aw y Sctlon r yC,r ,i �.f! j.f• t I. ^- #\{jq (t}n��)w{�A'g r.�1+�5(�l�l [(�4 + (mhes) T WB Mulberry to NB Shields 8.0 15.0 NB Shields to EB Mulberry 8.0 12.0 Lemay and Harmony 8.0 14.0 Lemay and Drake 8.0 . 9.0 Laurel and Shields* 8.0 12.0 For rigid pavement design thickness recommendations,'/< inch has been added to the calculated design thickness to address diamond grinding the surface as part of future rehabilitation work. The design also assumes that No. 5 tie bars and 1.25 inch diameter dowel bars will be included in the pavement. All PCC designs passed the faulting and curling checks included in the AASHTO 1998 Supplemental PCC Design Program. 9 Fort Collins Intersection Improvements Table 6 - Minimum Recommended PCC Pavement Thickness Project No. 28-244 ri3oa waV` Secftor� YHMAF(mches WB Mulberry to NB Shields 8.5 6.0 NB Shields to EB Mulberry 8.5 6.0 Lemay and Harmony 9.0 6.0 Lemay and Drake 8.0 6.0 Laurel and Shields* 9.0 0 Since the soil at the intersection of Laurel and Shields is a sandy soil, (A-2-4) subgrade, no ABC will be required prior to placement of the concrete pavement. Once the proper grade has been reached, the six inches of subgrade should be scarified and recompacted prior to placement of the new concrete pavement. 8.0 Asphalt Mix Recommendations Using CDOT asphalt mix specifications to specify asphalt mixes, we recommend I that an asphalt mix meeting Grading S (100) be used on lower lifts and that the top lift be made with Grading SX (100). We also recommend that unmodified performance I grade asphalt binder consisting of PG 58-28 be placed in the lower layers of the lanes, any temporary widening shoulders, and any guardrail areas. A 2-inch layer of HMA mix I meeting the SX (100) requirements and containing the polymer -modified binder PG 76- 28 should be placed on the top lift of the lanes. The lift thicknesses in the lower layers Ishould be between 2.0 and 3.0 inches. Aggregates for hot mix asphalt should be of uniform quality, composed of clean, Ihard, durable particles of crushed stone, gravel, or slag. Excess of fine material should be wasted before crushing. I 10 Fort Collins Intersection Improvements Project No. 28-244 9.0 Subgrade Preparation i We believe stripping of all vegetation or soft, organic topsoil is also required for new alignment areas such as these turn lanes. The entire subgrade area should then be scarified to a depth of 6 inches, brought to near optimum moisture, and recompacted. The required percent of relative compaction and moisture content is shown in the following guidelines for the various subgrade soils and base course materials: Table 7 - Soil Compaction Requirements HE base^vurse'u`bgtaea j 4 �f , u `; A-1 thru.�A-5 95 NIA -2 to +2 A-6, A-7 NIA 95 0 to +2 The pavement subgrade should be proof rolled with a heavily loaded pneumatic - tire vehicle. Areas which deform more than 0.5 inch under heavy wheel loads should be removed, replaced if necessary and reworked to achieve a stable subgrade prior to paving. We recommend that 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 Idrainage 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 lThis report has been prepared in accordance with generally accepted engineering geologic and geotechnical engineering practices in this area for use by the i III Fort Collins Intersection Improvements Project No. 28-244 client for design purposes. The conclusions and recommendations submitted in this report are based upon the data obtained from our exploratory borings drilled at the locations indicated on the Boring Location Maps. 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. We recommend on -site observation of excavations and foundation bearing strata by a representative of the geotechnical engineer. Respectfully Submitted: YEH AND ASSOCIATES, INC. Prepared by: Sung-Hsing Yu, E.I.T. Project Engineer 12 Reviewed by: -i - 4� Robert F. La Force, P.E. Senior Ma�ja.lsr Wage O�Pp.�• pN CIS .�r��'O�� rc �j U • ui • :d m%Q' 09 "� Slot, A1 Fort Collins Intersection Improvements Appendix A- Boring Logs Project No. 28-244 Project: Intersections in Fort Collins Boring: P - 1 YEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 28 - 244 Date: Sheet 1 of 1 Boring Began: 10/3/2008 Completed: 10/3/2008 Total Depth: 10.0 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather: Coordinates: N: E: Driller: custom Auger Logged By: T. Hansen Ground Water Notes: Final By: M.Aichiouene Depth Dry Date 1013/08 Inclination: Vertical Time - a Rock Soil Samples T e o o Field Notes m a E a) o Blows o Material Description p and p y 'o c7 per N Lab Tests LU W 6 in rr � - 0.0 - 0.7 ft. Asphalt. 0.7 -1.1 tL Base Course. °o° 1.1 -10.0 ft. sandy CLAY, brown, moist, stiff. #2MC= 00= 59 /° LL= 40 PL= 15 PI= 25 R-Value= 10 618 14 AASHTO: A-6 (11) 5 USCS: CL MC= 16.2 % DD= 106A pcf SIC= 0.4 % MC= 13 % 4/4 8 DD= 112.0 pcf 10 Bottom of Hole at 10.0 ft. pH= 8.1 S= 0.008 % S 15 J ri u_ 3 n G L ' 20 L K J U 5 O LL E Z O U W 25 rG Z_ N O O J EK O m YEH AND ASSOCIATES, INC. Project: Intersections in Fort Collins Boring: P - 2 GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 28 - 244 Date: Sheet 1 of 1 Boring Began: 10/3/2008 Completed: 10/3/2008 Total Depth: 10.0 ft _Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather. Coordinates: N: E: Driller: custom Auger Logged By: T. Hansen Ground Water Notes: Final By: M.Alchiouene Depth 4 Dry Date 10/3108 - - inclination: Vertical Time 0 CL Rock Soil Samples m a ( E Blows o Field Notes > o Material Description p and a'> _ p w �, per N Lab Tests w 6in iY 0.0 - 0.5 ft. Asphalt 0.5 -1.0 ft. Base Course. MC— 3.1 1.0.8.0 ft. sandy CLAY, brown, moist, stiff. #200= 72 % LL= 44 PL= 15 PI= 29 R-Value= S 7/6 13 AASHTO: A-7-6 (19) 5 USCS: CL MC= 13.4 % DD=116.3 pcf S/C= 1.1 % 8.0 -10.0 ft. silty SAND with clay, calcareous, brown, moist, medium dense. 8/8 16 ;'• MC= 9.5 % 10 pH= 8.4 Bottom of Hole at 10.0 ft. S= 0.045 % 15 20 25 SECTION 00020 INVITATION TO BID Rev10/20/07 Section 00020 Page 2 SECTION 00510 NOTICE OF AWARD Date: TO: PROJECT: 7277 INTERSECTION IMPROVEMENTS AT HARMONY & LEMAY AND DRAKE & LEMAY OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated , 20 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7277 Intersection Improvements at Harmony & Lemay and Drake & Lemay. The Price of your Agreement is Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by 20 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. By: City of Fort Collins OWNER James B. O'Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management Section 00430 Page 2 I 11 YEH AND ASSOCIATES, INC. Project: Intersections in Fort Collins Boring: P - 3 GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 28 - 244 Date: Sheet 1 of 1 Boring Began: 10/3/2008 Completed: 10/3/2008 Total Depth: 10.0 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather: Coordinates: N: E: Driller: custom Auger Lagged By: T. Hansen Ground Water Notes: Final By: M.Aichiouene Depth g Dry Date 10/3/08 Inclination: Vertical Time - - - o. Rock Soil Samples C F .-. 0 " >, ; a Blows o Field Notes m� � E m a) p o Material Description and a� p > a per N E Lab Tests W 6in Qf - 0.0 -1.0 ft Asphalt. MC= 1 % 1.0 -1.7 ft. Base Course. #200= 32 % 1.7 - 3.6 ft. fill sandy CLAY, moist, stiff. LL=27 P L=17 PI= 10 3.5 -10.0 ft. sandy CLAY calcareous, R-Value= 6 617 13 red -brown, moist, very stiff. AASHTO: A-2-4 (0) 5 USCS: SC MC= 20.1 DD=99.3 pcf S/G= -0.2 % MC= 17.2 % 8112 20 DD= 108.9 pcf 10 Bottom of Hole at 10.0 ft. pH= 8.2 S= 0.007 % 15 i i i i 20 i i i 25 i t' , , i 0 Project: Intersections in Fort Collins Boring: P _ 4 YYEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 28 - 244 Date: Sheet 1 of 1 Boring Began: 10/312008 Completed: 10/312008 Total Depth: 10.0 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather: Coordinates: N: E: Driller: custom Auger Logged By: T. Hansen Ground Water Notes: Final By: M.Aichiouene Depth g Dry Dale 10/3108 Inclination: Vertical Time - - - - m Rock Sail Samples 0 C Field Notes Co aci aa) E aa) p Blows o Material Description and a2 ❑" y o Ci per N Lab Tests w " m w 6 in -� X 0.0 - 0.5 ft. Aspahlt. 0.5 -1.5 ft. Base Course. 1.5 -10.0 ft. sandy CLAY, red -brown, moist, medium stiff to stiff. MC=18.6% 212 4 5 DD= 109.7 pcf SIC= -0.4 % MC= 1.2 % #200= 46 % LL= 33 PL= 12 PI= 21 AASHTO: A-6 (5) 4/5 y USCS: SC 1 Q MC= 16.4 % Bottom of Hole at 10.0 ft. DD= 116.2 pcf pH= 8.3 S= 0.007 % 15 20 25 Project: Intersections in Fort Collins Boring: P - 5 YYEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 28 - 244 Date: Sheet 1 of 1 Boring Began: 10/3/2008 Completed: 10/3/2008 Total Depth: 10.0 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: Casing: Location: Drill: CME 55 Weather: Coordinates: N: E: Driller: custom Auger Logged By: T. Hansen Ground Water Notes: Final By: M.Aichiouene Depth Y Dry Date 10/3/08 Inclination: Vertical Time - a Rock Soil Samples o - = ^ T a o L, o Field Notes a� a m E a) p Blows o Material Description and iv p� �' �, 'o Ci per N S Lab Tests LU o_ 6 in 0.0.0.5 ft. Asphalt. 0.5 -1.5 f . Base Course. 1.5.6.0 fL fill silty SAND, red -brown and gray, F moist, loose. MC= 1 % #200= 44 % LL= 39 PL= 17 PI= 22 AASHTO: A-6 (5) 4/4 8 5 t1SCS: SC MC= 13.1 % 6.0 -10.0 ft. sandy CLAY calcareous, brown, DD= 102.7 pcf moist, stiff to very stiff. S/C= -0.3 % MC= 13.5 % 7/8 15 DD= 117.3 pc( 10 Bottom of Hole at 10.0 ft. pH= 8.2 S= 0.028 % 15 20 25 Fort Collins Intersection Improvements Appendix B- Laboratory Test Results Project No. 28-244 1� YEH & ASSOCIATES, INC Summary of Laboratory Test Results Project No: 28 - 244 Project Name: Intersection in Fort Collins Date: 11/11/2008 Sample Location Natural Moisture Content (o/p) Natural Dry Density (Pc0 Gradation Atterberg pH Water Soluble Sulfate ,/o u /o Swell (+) / Consoli- dation (-) Unconf. Comp. Strength s R-VALUE CLASSIFICATION Boring NO. Depth (ft) Sample Type Gravel (%) Sand (%) Fines < #200 (,/o) LL PL PI AASHTO USCS 1 0-5 Bulk 1.6 - - - 59 40 15 25 - - - - 10 A - 6 ( 11 ) CL 1 4 CA 16.2 106.1 - - - - - - - - 0.4 - - - - 1 9 CA 13.0 112.0 - - - - - - 8.1 0.008 - - - - - 2 0-5 Bulk 3.1 - - - 72 44 15 29 - - - - < 5 A-7-6 ( 19 ) CL 2 4 CA 13.4 116.3 - - - - - - - - 1.1 - - - - 2 9 CA 9.5 - - - - - - 8.4 0.045 - - - - - 3 0-5 Bulk 1.0 - 19 49 32 27 17 10 - - - - 6 A-2-4 ( 0 ) SC 3 4 CA 20.1 99.3 - - - - - - - - -0.2 - - - - 3 9 CA 17.2 108.9 - - - - - - 8.2 0.007 - - - - - 4 4 CA 18.6 109.7 - - - - - - - - -0.4 - - - - 4 5-10 Bulk 1.2 - 1• 53 46 33 12 21 1 - - - - - A - 6 ( 5 ) SC 4 9 CA 16.4 116.2 - - - - - - 8.3 0.007 - - - - - 5 2-5 Bulk 1.0 - 7 49 44 39 17 22 - - - - - A - 6 ( 5 ) SC 5 4 CA 13.1 102.7 - - - - - - - - -0.3 - - - - 5 9 CA 13.5 117.3 - - - - - - 8.2 0.028 - - - - - Rev 2 - 8/02 Pana 1 of 1 No Text No Text No Text } ° ` c _+amm(-z)s \,% c ® A M ° a / e .0. ) \ / to § § v r g m ?� ( CD 2 ¥ \/ . \ — -- -- --- — \ n 2 % , § Q ° \ f ®�2 _ m K ]~ « y z C. c tz 0 z Consolidation( -)/Swell(+), % OD N N C N m J N O N A A O m � A � o z x y d �mn w o - =• m "C — � o a N ` � V. "• 3 v b O � J C � O ry — w n ti 0 0 n t7 — — w CD O a tz c�r y � o co O � y z SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 20 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of Bid 7277 Intersection Improvements at Harmony & Lemay and Drake & Lemay. ARTICLE 2. ENGINEER The Project has been designed by Atkins. The City.of Fort Collins Engineering Department, 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) 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. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Eight Hundred Dollars ($800.00) for each calendar day or fraction thereof that expires after the forty (40) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. Section 00520 Page 1 0 � CO o~ W p Z = Consolidation( -)/Swell(+), % N W A O � A N S s fD a H N b C �1 o� Q O » T A O a Itw --_— -- --- -- y H — p cn_— O e C PO PO 2 17, I FL °z F-- cn cn x>� c cn O :� y z 4.0 e 2.0 -4.0 --- 0.1 Ijj WATER ADDED 1 10 Applied Normal Pressure, ksf Boring Number Depth, ft Natural Dry Moisture Content, Consolidation(-) Soil Description SWELL / CONSOLIDATION Density, pef /Swell(+), % GRAPH P - 4 4 1 109.7 18.6 -0.4 Drawn By: M.A Job No: 28 - 244 Project Name: Intersection in Fort Collins Checked By: S.Y YEH & ASSOCIATES, INC i I WATER ADDED 2.0 O m °o -2.0 -4.0 1 0.1 1 10 100 Applied Normal Pressure, ksf Boring Number Depth, ft Natural Dry Moisture Co Consolidation(-) Soil Description SWELL / CONSOLIDATION Density, pct �ent, /Swell(+), % GRAPH P - 5 4 1 102.7 13.1 -0.3 Drawn By: M.A Job No: 28 - 244 Project Name: Intersection in Fort Collins Checked By: S.Y YEH & ASSOCIATES, INC Fort Collins Intersection Improvements Appendix C- Pavement Designs Project No. 28-244 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Flexible Structural Design Module 1 Ft Collins Intersections WB Mulberry to NB Shields Composite R=5 Flexible Structural Design I 18-kip ESALs Over Initial Performance Period Initial Serviceability Terminal Serviceability Reliability Level Overall Standard Deviation Roadbed Soil Resilient Modulus iStage Construction Calculated Design Structural Number Laver Material Description 1 AC Class 6 2 HMA Total 2,190,000 4.5 2.5 90 % 0.44 3,025 psi 1 5.12 in Specified Layer Design Struct Drain Coef. Coef. Thickness Width Calculated (Ai) (Mi) (Di)(in) SN in 0.11 1 15 12 1.65 0.44 1 8 12 3.52 - - 23.00 - 5.17 Pape 1 i l 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System l A Proprietary AASHTOWare Computer Software Product J Flexible Structural Design Module Fort Collins Intersections NB Shields to EB Mulberry Composite j R=10 Flexible Structural Design 1 18-kip ESALs Over Initial Performance Period 2,190,000 Initial Serviceability 4.5 Terminal Serviceability 2.5 Reliability Level 1 90 % Overall Standard Deviation 0.44 Roadbed Soil Resilient Modulus 3,562 psi 1 Stage Construction 1 Calculated Design Structural Number 4.86 in Specified Layer Design Struct Drain Coef. Coef. Thickness Width Calculated Laver Material Description (Ai) (Mi) (Di)(in) ifli SN in 1 ABC Class 6 0.11 1 12 12 1.32 2 HMA 0.44 1 8 12 3.52 Total 1 1 1 - - 20.00 - 4.84 pace 1 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Flexible Structural Design Module Fort Collins Intersections WB Harmony of SB Lemay Composite Design R=10 Flexible Structural Design I 18-kip ESALs Over Initial Performance Period Initial Serviceability Terminal Serviceability Reliability Level Overall Standard Deviation Roadbed Soil Resilient Modulus Stage Construction Calculated Design Structural Number Laver Material Description 1 ABC Class 6 2 HMA Total f 1 i 2,555,000 4.5 2.5 90 % 0.44 3,562 psi 1 4.97 in Specified Layer Design Struct Drain Coef. Coef. Thickness Width Calculated Di in � SN in 0.11 1 14 12 1.54 0.44 1 8 12 352 - - 22.00 - 5.06 Page 1 i 1993 AASHTO Pavement Design I DARWin Pavement Design and Analysis System } A Proprietary AASHTOWare Computer Software Product Flexible Structural Design Module I Fort Collins Intersections WB Drake to NB Lemay Composite Design I R=10 l Flexible Structural Design I 18-kip ESALs Over Initial Performance Period Initial Serviceability i Terminal Serviceability Reliability Level Overall Standard Deviation Roadbed Soil Resilient Modulus 1 Stage Construction Calculated Design Structural Number Laver Material Description 1 ABC Class 6 2 BWfA Total I I 1 l I 1,095,000 4.5 2.5 90 % 0.44 3,562 psi 1 4.41 in Specified Layer Design Struct Drain Coef. Coef. Thickness Width 2 (Di)(in) 0.11 1 9 12 0.44 1 8 12 - - 17.00 - Calculated SN in 0.99 3.52 4.51 Page 1 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Flexible Structural Design Module Ft Collins Intersections NB Shields to EB Laurel R=10 l Flexible Structural Design 18-kip ESALs Over Initial Performance Period 2,190,000 Initial Serviceability 4.5 Terminal Serviceability 2.5 Reliability Level 90 % Overall Standard Deviation 0.44 Roadbed Soil Resilient Modulus 3,562 psi Stage Construction 1 i Calculated Design Structural Number 4.86 in Specified Layer Design struct Drain i Coef. Coef. Thickness Width Calculated Laver Material Description Ai Mi (Di)(in) jft SN (in) 1 ABC Class 6 0.11 1 12 24 1.32 2 HMA 0.44 1 8 24 3.52 Total - - 20.00 - 4.84 Page I - isasen on Reference: LTPP DATA ANALYSIS- Phase I.• Validation of Guidelines for k-Value Selection and Concrete Pavement Performance Prediction General Agency: City of Ft Collins Street Address: City. State: Project Number. kD: l Description: jWB Mulberry to NB Shields Location: Shields and laurel Design Serviceability Initial Serviceability, PI: 4.5 Terminal Serviceability, P2:1 2.5 PCC Properties 28day Mean Modulus of Rupture, (S'J': 650 psi Elastic Modulus of Slab, t 3,400,000 psi Poisson's Ratio for Concrete, m: 0.15 Base Properties Elastic Modulus of Base, 4: 20,000 psi Design Thickness of Base, E 6.0 in Slab -Base Friction Factor, f 1.4 Reliability and Standard Deviation Reliability Level (R): 90.0 % Overall Standard Deviation, So: 0.34 Climatic Properties Mcan Annual Wind Speed, WIND: 9.0 mph Mean Annual Air Temperature, TEMP: 50.0 OF Mean Annual Precipitation, PRECIP: 15.0 in Subgradek-Value Design ESALs 70 psi/in 3.3 million Pavement Type, Joint Spacing (L) JPCP Joint Spacing. O JRCP 15.0 ft O CRCP JPCP Effective Joint Spacing: 180 in O Conventional 12-ft wide traffic lane * Conventional 12-ft wide traffic lane + tied PCC O 2-ft widened dab w/conventional ibft traffic lane Edge Support Factor. 0.94 Sensitivity Analysis Slab Thickness used for - SensitivityAnalysis: 8.10 in O Modulus of Rupture O Elastic Modulus (Slab) O Elastic Modulus (Base) 0 Base Thid;ness O k-Value O Joint Spadng O Reliability O Standard Deviation Calculated Slab Thickness for Above Inputs:1 8.10 in Substantial Completion is defined as: completion of all earthwork, concrete curb and gutter, asphalt, concrete sidewalks and irrigation stubbed into the Harmony Road median. 2) Final Acceptance: After Substantial Completion, Eight Hundred Dollars ($800.00) for each calendar day or fraction thereof that expires after the twenty-five (25) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($ ), $ Dollars, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in Section 00520 Page 2 0_ Rigid Pavement Design - Based on AASHTO Supplemental Guide Reference: LTPP DATA ANALYSIS - Phase l: Validation of Guidelines for k-Value Selection and Concrete Pavement Perfonnance Prediction General Agency: City of Ft. Collins Street Address: City: State: Project Number. ID: I Description NB Shields to EB Mulberry Location: Shields and Laarel Design Serviceability Initial Serviceability, Pl: 4.5 Terminal Serviceability, P2: 2.5 FCC Properties 28-day Mean Modulus of Rupture, (S'J': 650 psi Elastic Modulus of Slab, F,: 3,400,000 psi Poisson's Ratio for Concrete, ur _ 0.15 Base Properties Elastic Modulus of Base, Ey: 20,000 psi Design Thickness of Base, Hb: 6.0 ji, Slab -Base Friction Factor, f: 1.4 Reliability and Standard Deviation Reliability Level (it): 90.0 % Overall Standard Deviation,1 0.34 Climatic Properties Mean Annual Wind Speed, WIND: 9.0 mph Mean Annual Air Temperature, TEMP: 50.0 OF Mean Annual Precipitation, PRECIP: 15.0 in Subgrade k-Value Design ESALs 50 psi/in 3.3 million Calculated Slab Thickness for Above Inputs: Pavement Type, Joint SI ( JPCP 0 JRCP 0 CRCP acing (L) Joint Spacing: 15.0 8 JPCP Effective Joint Spacing: 180 in Edge Support 0 Conventional 12-ft wide traffic lane 0 Conventional 12-ft wide traffic lane + tied PCC 0 2-ft widened slab w/conventional f2-ft traffic lane Edge Support Factor: 0.94 Sensitivity Analysis Slab Thickness used for Sensitivity Analysis: 8.24 in 0 Modulus of Rupture 0 Elastic Modulus (Slab) 0 Elastic Modulus (Base) * Base Thickness 0 k-Value 0 Joint Spacing 0 Reliability 0 Standard Deviation 8.24 in I Rigid Pavement Design - Based on AASATO SnnnlPmentnl P-midP Reference: LTPP DATA ANALYSIS- Phase I.• Validation of Guidelines for k-Value Selection and Concrete Pavement Performance Prediction General Agency: City of Ft.Collins _ Street Address: City. State: Project Number. 1 ID:. 1 Description: jWB Harmony to SB Lemav Location: Shields and Laurel Design Serviceability Initial Serviceability, Pl: 4.5 Terminal Serviceability, P2: 2.5 PCC Properties 28-day Mean Modulus of Rupture, (S',': 1 650 psi Elastic Modulus of Slab, Erl 3,400,000 psi Poisson's Ratio for Concrete, in: 1 0.15 Base Properties Elastic Modults of Base, Hb: 20,000 psi Design Thickness of Base, Hb: 16.0 in Slab -Base Friction Factor, f: I1.4 Reliability and Standard Deviation Reliability Level (R): 90.0 Overall Standard Deviation, So: 0.34 Climatic Properties Mean Annual Wind Speed, WIND: 9.0 mph Mean Annual Air Temperature, TEMP; 50.0 V Mean Annual Precipitation, PRECIP: 15.0 in Suberade k-Value 70 psitin Design ESALs 3.8 million - Pavement Type, Joint Spacing (L) OO JPCP Joint Spacing, 0 JRCP 15.0 fr 0 CRCP JPCP Effective Joint Spacing: 180 in - Edge Support 0 Conventional 12-ft wide traffic lane Conventional 12-ft wide traffic lane +tied PCC 0 2-ft widened slab w/conventional 12-ft trafflc lane Edge Support Factor: 0.94 Sensitivity Analysis Slab Thickness used for _ Sensitivity Analysis: 8.29 in 0 Modulus of Rupture 0 Elastic Modulus (Slab) 0 Elastic Modulus (Base) 0 Base Thickness 0 k-Value 0 Joint Spacing 0 Reliability 0 Standard Deviation Calculated Slab Thickness for Above Inputs: 1 8.29 in Rigid Pavement Design - Based on AASHTO Suuplemental Guide Reference: LTPPDATA ANALYSIS -Phase I..• Validation of Guidelinesfor k-Value Selection and Concrete Pavement Performance Prediction General Agency: City of Ft. Collins Street Address: City: State: Project Number. ED: I Description: Drake and Lemay Location: Shields and Laurel Design Serviceability Initial Serviceability, PI: 4.5 Terminal Serviceability, P2: 2.5 PCC Properties 28-day Mean Modulus of Rapture, ( 650 psi bS',': Elastic Modulus c Sla,},1 3,400,000 Ipsi Poisson's Ratio for Concrete, m: 0.15 Base Properties Elastic Modulus of Base, Eb: 20,000 psi Design Thickness of Base,1 6.0 in Slab -Base Friction Factor, f: 1.4 Reliability and Standard Deviation Reliability Level (R): - 90.0 Overall Standard Deviation, So: 0.34 Climatic Properties Mean Annual Wind Speed, WIND: 9.0 mph Mean Annual Air Tomperature, TEMP: 50.0 OF Mean Annual Precipitation, PRECIP: 15.0 in Subgrade k-Value Design ESAU 70 psi/m 1.6 million Pavement Type, Joint Spacing (L) OO JPCP Joint Spacing: O JRCP 15.0 ft O CRCP JPCP Effective Joint Spacing: 180 in Edge Support O Conventional 12-ft wide traffic lane Conventional 12-ft wide traffic lane + tied PCC O 2-ft widened slab w/conventional 12-ft traffic lane Edge Support Factor. 0.94 Sensitivity Analysis Slab Thickness used for - SensitivityAnalysis: 7.29 in O Modulus of Rupture O Elastic Modulus (Slab) O Elastic Modulus (Base) @ Base TNckrms O k-Value O Joint Spacing O Reliability O Standard Deviation Calculated Slab Thickness for Above Inputs:1 7.29 in - inasea on Reference: LTPP DATA ANALYSIS -Phase P Validation of Guidelines for k-Value Selection and Concrete Pavement Performance Prediction I. General Agency:Ci of Ft Collins Street Address: City; State: Project Number. ID: I Description: jNB Shields to BB Laurel I Location: Shields and Laurel Design Serviceabllity Initial Serviceability, P1: 4.5 Terminal Serviceability,l'2: 2.5 PCC Properties 28-day Mean Modulus of Rupture, (S'J': 650 psi Mastic Modulus of Slab, E : 3,400,000[psi Poisson's Ratio for Concrete, m: 0.15 Base Properties Elastic Modulus of Base, Bb: 105000 psi Design Thickness of Base, Ab; in Slab-Base Friction Factor, f: 0.8 Reliability and Standard Deviation Reliability Level (R): 90.0 % Overall Standard Deviation, Sa: 0.34 Climatic Properties Mean Annual Wind Speed, WIND; 9.0 mph Mean Annual Air Temperature, TEMP: 50.0 OF Mean Annual Precipitation, PRECIP: 15.0 in Subrrade k-Value Design ESALs 70 psilin 3.3 million - Pavement Type, Joint Spacing (L) O JPCP Joint Spacing: 0 JRCP 15.0 ft 0 CRCP JPCP Effective Joint Spacing: 180 in - Edge Support 0 Conventional 12-ft wide traffic lane 0 Conventional 12-ft wide traffic lane + tied PCC 0 2-ft widened slab w/comrentional 12-ft traffic lane Edge Support Factor: 0.94 Sensitivity Analysis Slab Thickmess used for Sensitivity Analysis: 8.60 in 0 Modulus of Rupture 0 Elastic Modulus (Slab) 0 Elastic Modulus (Base) 0 Base T Iciness 0 k-Value 0 Joint Sparing 0 Reliability 0 Standard Deviation Calculated Slab Thickness for Above Inputs: 8.60 in + 0.25 inch = 8.85 inch => USE 9.0 inches DOWELED PAVEMENT Dowel Diameter: 1.25 in Kd: 1,SOQ000 psi/in E,: 29,000,000 psi Base/Slab Frictional Rw I int O Stabilized Base Aggregate Base or LCB w/ bond breaker ALPHA: 0.000006 /OF TRANGE: 130.0 °F e: 0.00015 strain D: 8.10 in P: 9,000 Ibf T: 0.45 Base Type O Stabilized Base * Unstabilized Base NONDOWELED PAVEMENT Days90: 30 days Base Type O Stabilized Base Unstabilized Base D: 8.10 in FI: 544 °F-days FI: 600 "F-days CESAL: 3.29 million CFSAL: 3.29 million Age: 20.0 years Age: 20.0 years Cd: 1.00 Cd: 1.00 Faulting (doweled) 0.05 in Faulting Check - PASS Faulting (nondoweled) Faulting Check - Recommended critical mean joint faulting levels for design (Table 28) Joint Spacing Critical Mean Joint 25 ft 0.06 in 25 ft 0.13 in ou Joint load position stress checks need to be performed only for nondoweled pavements two numbers need to be entered in this sheet: Temperature gradient Tensile stress at top of slab 1: Slab Thickness: Total Negative Temperature Differential: Enter temperature gradient: 3.0 OF/in temperature gradient use: 2: 8.10 in -4.6 OF (enter positive value from below) Wet Climate: 0 to 2 OF/in (Annual Precipitation>= 30 in or Thomthwaite Moisture Index > 0) Dry Climate: I to 3 OF/in (Annual precipitation < 30 in or Thornthwaite Moisture Index < 0) Total Effective Negative Temp. Differential: 28.9 OF e one or more of the following charts to estimate the tensile stress at top of slab. ite that the charts show the variation of tensile stress with negative temperature differential slab thicknesses ranging from 7 to 13 in. These are plotted for a base course thickness 6 in. The six charts represent three k-values (100, 250 and 500 psi/in) and two values for the stic modulus of the base (25,000 psi and 1,000,000 psi). Use judgment to rapolate the value of the tensile stress at the top of the slab from these charts. Enter Tensile Stress at Top of Slab: 250 psi (use charts below) 3: ire the above tensile stress with the maximum tensile stress at the bottom of the slab for the slab is designed. For the given inputs and the above thickness, this value is 286 psi ie slab is designed for a tensile stress of 286 psi. the tensile stress at the top of the slab (obtained from the charts below and entered above) is 's than the design stress, the design is acceptable. If the check fails, new inputs have to be provided. Corner Break Check: PASS 450 400 350 300 'G G ' 2.50 200 150 IOD Sq q 0 2 4 6 8 10 12 14 18 19 20 22 24 28 213 30 Negate Ttinperature Diffefentia! (°F) 1 lbf = 4.45 N. 1 pGi= 0.271 kPafi=, I pil n &S9 kf* I in = 25A mra,'C = ('P - 32)/t.8 Figure 54. pensHe stress ct top of deb for joint logding positioul, negadr to peramm diffbmndai, and fuU friction, for aggregate base and soft subgrade. I Oversight / NHS FHWA REGION VIII OVERSIGHT? ■ NO 0 YES NATIONAL HIGHWAY SYSTEM? • NO 0 YES LENGTH AND DESIGN DATA ROADWAY STATION LIN, rT MILES EAST HARMONY ROAD AT SOUTH LEMAY AVENUE 688 0.13 STA 1.76.22 TO STA 8.64.25 FAST DRAKE ROAD AT SOUTH LEMAY AVENUE 361 0.68 STA 1.13.02 TO STA 4.74.33 TOTAL 1,049 1 0.81 FAST HARMONY ROAD DESIGN DATA MINIMUM RADIUS OF CURVE ................................................... 1.075, MINIMUMGRADE ... ....... —......................................................... 0.40/ MINIMUM S.S.D. HORIZONTAL..................................................495 MINIMUM S.S.D. VERTICAL .......................... ._......................... 495 DESIGNSPEED ................................. —....................... ............. 55 MPH POSTEDSPEED....................................................................... 50 MPH 2007 TRAFFIC VOLUME ACT (TWO WAY)..............................................................55.821 OHV...................................................... I ....... ................... 290 / TRUCKS ......................... ..................... _.......... ....._..... 22 2024 DESIGN TRAFFIC DATA ADT (TWO WAY) ........... ................... _-- ...... .................... 70.178 DHV—........................... --- .......... —........................ ......... 305 /. TRUCKS ...................... ---- ........................................ -2/ FAST DRAKE READ DESIGN DATA MINIMUM RADIUS OF CURVE .................... ......... --- ............. - 1,075, MINIMUMGRADE...................................................................... 0.40/ MINIMUM S.S.D. HORIZONTAI................................................. .. 400 MINIMUM S.S.D. VERTICAL...................................................... 400 DESIGN SPEED........................................................................ 50 MPH POSTEDSPEED....................................................................... 40 MPH 2007 TRAFFIC VOLUME ADT (TWO WAY)............................................................. 44.213 DHV................................................................. I............... 110 / TRUCKS....................................................................... 2/ 2024 DESIGN TRAFFIC DATA PDT (TWO WAY)............................................................. 49.589 DHV................................................................................ 130 TRUCKS....................................................................... 2/ =111 40 etc Odmird Nr!Ne)221 Un U,, 7m F. M M 72M Gw.0 wil - I CITY OF FORT COLLINS PUBLIC IMPROVEMENT CONSTRUCTION PLANS FOR INTERSECTION IMPROVEMENTS EAST HARMONY ROAD AT SOUTH LEMAY AVENUE EAST DRAKE ROAD AT SOUTH LEMAY AVENUE FEDERAL AID PROJECT NO. AQC M455-091 LARIMER COUNTY CITY BID NO.400901803 BID PLANS - AUGUST 2011 W Lou S-1 C>baA c. SAhF.' E Prospect Rd PROJECT LOCATION 8 E. ORME 0Af E bate Rd S LEMAY AVE lit g i i E HueeleotR Rd W MrceetoolH d 25 PROJECT LOCATION W. HARMONY RO AT S. IEMAY AK E Homene Rd W Hormeny Rd 65 Y 6) Y PROJECT LOCATION MAP o 30po eood Ratio CITY OF FORT COLLINS TIM KEMP 281 N. COLLEGE AVENUE FORT COLLINS COLORADO (970) 416-2719 ATKINS LEE KUNSELMAN 4601 OTC BLVD. SUITE 700 DENVER, CO 80237 (303) 221-7275 Colorado Department CITY of Of Transportation FQitColtin s ,.20 tr,.e s,.r, or m 4pev •]ems 3i�M1 Wzo- [:ryofwl L m.n aPi^".' le® : xl zel cs..s. A.w.ii Region 4 LHN w cnw. w. Kozo) zz�-eem AS Constructed No Revisions: Revised: Void: ated Projects: P. E. UNDER PROJECT: Project Number: Project Code: ).W. Projects: R.O.W. Project Description INDEX OF SHEET NO, SHEETS I TITLE SHEET 2 GENERA NOTES AND STANDARD SYMBOLS 3 STANDMD PLANS LIST 4 ROADWAY TYPICAL SECTIONS 5 SUMMARY DF APPROKIMAIE QUANTITIES 6 GEOMETRIC LAYOUT 7.9 REMOVA PLANS ID-12 ROADWAY PLANS 13-15 GRADING. DRAINAGE AND EROSION CONTROL PLANS 16 STORM WATER MANAGEMENT PLM 17 TREE RELOCATION PLAN 18 LANDSCAPING PLAN 19 LANDSCAPE DETAILS 20 IRRIGATION PLAN 21 IRRIGATION DETAILS 22-24 UTILITY RELOCATION PLANS 25-211 SIGNING AND STRIPING PLANS 29-40 CROSS SECTIONS � a r• cAu a a-M.Kss tiers x .vA argL rN IAe, ... L4 L1cAv... ra M[ tuwvta a Mavcxouo W:ueu ururzs RIIOW MgnlWhd011t �OelaeIRYMM1 Contract Intormotion Project No./Code Contractor: _____ _ Resident Engineer:_____AOC M455-091 Project Engineer: --------------------- 16603 PROJECT STMTEO. _/_/_ ACCEPTED: _/_/_ SDlet Number I Comments' A GENERAL NOT I. µL ANTERIAI.S. YAAMLMSHIP, M0 CONSTRUCT" OF PoBUC AVPROLEAEMS SILNL MEET OR EXCEED THE STANDARDS MD SPECEGIIOHS So TOWN N IE WATER COUNT' URBAN ,AREA SMEET STAND RTS AM APPLBANE STATE AND FEDERAL REWUTDNS. MERE HERE 6 CONFUCI BEIYCW THESE PWVIS NRI THE SPECFIGIMIxs. OR ANY APPLEABE STANDARDS, THE NEST RESIREME StARI1MO WALL ANKY, ALL WORN SNARL BE WSTIECRD AN APPROVED BY THE Ott OF FONT CWLW6. 2. µ. KfEREMES TO Ott N.ObED S7AgAR05 SHALL KKR 10 ME LATEST MKON OF SAID STAA0WRO, MASS SPECECAIi STATED OTW , 3. AL SNAINp SERER, STORM SETTER. AN ALTER WE CONSMMTW, AS WELL AS P R NND OTHER 'DRI UI4n NSTN AFEA S. SNNLL COKa1N r0 M CURRENT Cn OF FORT COWNS STANDARDS AND SN:CEPAFIOxS. AID OF NU THE 5. ME CWnNCTW SINLL CCMWI THE UIUn N31NIGrCN CENTER OF CCLOWTO (UNW) AT 011. AT LEAST 2 ED 3 WORNG GK PRIOO 10 BECNANG EXGA'ATCN ON aAONG, 10 HAE All REOSTERED UTUn LOGIONS WARKEO. OTHER U MIEREO IAtiTY ELITES IE. CATCH / KNGR2N CWPAxY2 ME TO a IDEATED BY DOMWTM ME TM RFPIKSENTAOVE, UFUn SEANCE LATERALS ARE ALSO TD Y LOCAIED POOR TO BEGINNING EXCAVATION ED CiR.ACLN. a SOLI K THE NSPoNYYUn OF IN CONTRACTOR TO CO TE THE RaOGTON OF ALL EM61WD VMS THAT CWI.ET MN THE P9ypSEB NPRpI TS LGYN W THEY PLANS, 6. THE CONTRACTED LOLL DC RESPONLBL[ FOR PRORCIM ALL VMS OILING COMSiRUC1AN AN FOR CODROPNnW WITH THE ANNDP K ACHY COWANY FOR AM Unlit CROSSINOs KE o. E. E A CONFUCI EAST$ BETWEEN EX611NG MO PROPOSED LIMITS MD/OR A DUTCH NpnGTON 6 REOIARED, INC CONTRWION SHALL CWRCHATE MFH THE ENGINES TO HOMY THE DESIGN. D(SMI NOpF1GroN(S) RUST DE MANNED Br THE On OF IM CCLUNs NIXON 10 EVANTANG mxnNcrw. 6. THE Cp1rRWrfN LWL BE RESPONSIBLE FOR CW9 MMM WIN N UIUW CONP.W6 RTNLHD. TD ASSURE THAT THE WAN 6 KCpVALED IN A TTRY FASHION AND WHIN A YINLMN DISRUPTION OF SERVICE, THE CONTRACTOR SHAL DE aESror6WE Tax COHTWMG. W AWAKE, AU. PARTIES AFFECTED In MY D6RUNION OF AM ITRm SERIES AS WELL M THE UOUTY CON s. 9. NO NRN WY COMMENCE NTp ANN PLDLE STORY WATER, SANNIn DOWER W POTABLE WATER SYSTEM WON. THE CONTRACTION NOTIFIES THE UTnm PACKER. NFFIGFION SHALL BEE A MNLWI a 2 NAND MK PROR M CWIENaNEM OF NFY NDL A THE pWKE OF THE WATER aUn PRCAER, A PRE-CONSIRIICTCM WSW WY BE DECLARED PRER TO CWYENCEYEM OF MY ARK. 10, THE CONTFUl SHALL SECRENCE INSTALLATION OF UTUNIS N SUCH A WA R M 10 MNMME MENTAL LIM CONFLICTS. N GENERAL. STONY SEWER AND SWTAY SEWER LIpRD BE CO6IRUCIED PRMIR TO INSTALLATION OF THE WATER LINES MO M UTILITO 11, THE AAMN MR MR WATER WIES 6 4.5 FEET ARID THE WXIYUY MR 6 SS FEET UNLESS OTHERWISE HIED IN THE PLANS MD AFFAL'TED BY THE WIN UTILITY, 12, A STATE CpTRUEIM DEWFERNG RAs1PRATER DECHANGK PENAL 6 NEOLWTO R D(WAIWAIC 6 MOLMEU N ORDER 10 INSTALL YWUFES ON MIER 6 DISCHARGED WHO A STOW SLOWER. CHANNEL AR WN pttH OR ART WATERS OF THE UNITS) STATES. 13. THE CWTTtTOR SHALL Cp Y WITH ALL ROWS AM CONNm6 OF THE COLONWD PERIAT FEW STOW WATER DISCHARGE (CONTACT COLOUIIO DEPARTMENT OF HEALM, MIER CHIN In CONTROL DAIWA, (303) 692-3590). ME STOW WATER M EWNT PLAN, AND THE EROSION EWTRM PLOW. 14. TENPoRAD' EROSION CONTROL DURING CONSTRUCIW SHALL BE PROADED AS SMWH ON ME GRAINING. DWNWE AN EROSION CONTROL PUYIs. ALL EROSION CONTRA WASURES LWL BE YARNED N GOOD REP.YR n THE CONFRWTOR, UNIT SUCH TIRE M THE ENIAE pSTI D AREAS 6 STMUZED NN NLRD SURFACE ON UWSCAPING. 15, THE CONTRACTED SHALL BE eESIVN66xE FOR eISURINL THAT N AID OR GEBR6 SHALL BE TACKED ONTO M SiSMIC Fl.91D STREET SFSXN, ARID NK ORRIS "I DE READMD W. 24 HOURS BY M MR M NECHATEN WISHED) (K. NACHN'E BROON A P. UGHT DUTY FROW-END LONER, EX.) ED M PRINCE BF THE On OF FORT COLUINS SIRES WsPECTW. ME ME. LEE, LOCATION MO TURNER OF ALL KL UNDERCROUNp UTILITIES MPROXIWX MEN SIDNN ON THE on.AWINGS. T SHALL K UNE RESPO15oUn M THE CONIRWIW SHALL WWI A CONWILICTON TRAFFIC CONMOL THE CONTRACTOR TO VERFY THE EXISTENCE AND (COUPON OF ALL UNDERGROUND ACCORDANCE WITH NUTCO. TOM CITY OF FORT COLLARS. FOR MPRWµ, TIES µOM. THE HOUR OF ME NORM BEFORE CWNENCING MN CONSIRUCIION, ANY CONSTRICTION ALTMTES WITHIN, OR AFFECTING ME RIGHT -a -WAY. CONTRACTOR SHALL BE RESPONSIRE FOR LNXNOwN UGEROEWND PLEBES. CONTRACTOR SNARL K RESWNSITE FOR PROADINL ANY ANO AL TRAM DEVICES 4 WY BE REARMED BY THE CONSTRUCTION WTMTIES. 16. THE CONTRACTOR SHALL BE RESPONS TT E FOR OBIANNG ALL NECESSARY PERMITS FOR ALL WPI CQ E ACTENCRES PNtli TO Cp NCENENr OF CONSTRUCTONN. THE CONTRACTOR YLALL NOTPY THE On OF FORT COLUNS ENGINEERING NSNCTON (FORT CCLLNS - 221-6805) .END M On OF FORT COWNS EROSION CONTROL HSPEVOR (FORT CO 04 - 221-6300) AT LEAST 2 N M GK PROR i0 THE STMT a ANY EARTH D6TINMNG WTMN. OR C016000TLYI ON ANY ATO AL PAUC IN ROOK& xTS. 1). F RED TO THE aWFMENENT Or LIFT OASTNETGN, THE CO MIN LOLL CONTACT THE On OF FORT COLS FORESTER TO SCHEDULE A SITE AISPELTL'NN FOR AN, TREE NNONAL. 15. THE CWRUCTOR SHALT. BE Rf5PoN56LC FOR ALL ASPECTS OF SAFETY INCLUDING. BUT NET ANTED 10, EXGVAIGN. NIENGNNG, (CARING, IRATE CWTNOL, AND SECURIn. REFER TD OSHA PUBLCAIIOx 2226. EMGVATWG AM TRENCHING. PLAN, N PROR 10 THE CONTROL W 1 K NALL K NO SITE CON51RUCKIN WTIATES ON SATURGK, ARM SPECIFICALLY ANIONS BY THE On OF FORT COUANS S CNEER, AND NO SITE CONSMUC WFHTES ON S n ON NODNK. pIESS THERE 6 PRIOR wNREN A NIp.'A N IN On OF FORT COSINES DGHi:R. (A NNP.N 46 NWI6 NOTICE 6 AEORRED). 21. THE CONTRACTOR 6 RCSPLONSIBIF FOR PRWLPG ALL UNION AND NATIONALS NECESSARY FOR THE NPLETON OF THE NICKED W%MAA FS, SIKm ON THESE pawMs. OR DESIGNATED To BE INTENDED, NSWIED. OR CONSTRUCTED. UNLESS SPOFAA41Y NOTED ODERMS(. 22. puEMS FOR LAYOUT AND CONSTRUCTION ME NOT TO BE SCNED FROM ANY OAWM. E KRFWEW DAIENSIONS ME NOT SHOWN, CONTACT TIE DEAN ENONEER FOR CWNIGTON, MD ANNOTATE TIE ONENSIONS ON ME AS-9ALT RECORD EDMWGS. 21 THE CONTRACTOR SHALL LAVE. 066E Al ALL TIES. ONE (1) SIGNED CON' OF ONE KRROED RMS. WE (I) COW OF THE APM l STADWGS MD sxcrwaNs. AN A GDPY OF AM PKhmS AN EXTENSION A WMS NEEDED FED THE De. 24r, p11NG THE CONSINx1RN PPoCESS, EEWTN,s ARE EIICOMKI MYNA COULD MCAX A SOWIEN THAT 6 WET MNO N THE PLANS ON SFECWEAIDNS. THE CpTRICTOR yMLL CONTACT ME DESIGNER ND THE CM a FORT cptNs ENGINEER XNEOXI 4. THE CONTRACTOR SNLL RE RCSPJNSIBIF FOR RECpIpNG AS -BONA KpIWT , W A Yl OF RECORD %THINGS KEPT W THE CONSTRUCTION WE. MO AVAMIE TO THE Cn OF FORT CO LA'S N CTOR AT AL INES. U CORYEIM OF THE WOW. THE CONTRACTORS) SHALL SI.RNtt RECORD EDAe TO THE On OF FORT WALLS ENCNEER. 26. THE LOCATION AND CESCNPTI OF THE NEAREST SANER' KNCNARKS (2) FOR THE PROJECT M WELL M THE BASIS OF BEARINGS ME M FOLLOeS: BENCHMupS - LOCAL ENTITY SLIMY. 8 A HARDER µICY 7-9A, EIFV.-486.a. DESORl N 10811 E 2=9.0 DEJE3RIANIS - Larx WTI" LNEY. BUALTBER W W 19-92. EIE11.•4975.21. C6CRPIEA N I18243.24. E 199983.AD 27. SLIMY $TRAM FOR THE PROECF eu BE CWNEXO A THE On a FORT cpu . m ALL SCATTERING 6 BASED ON THE COWITCI LONE NFORWTCN GRAN ON ME adIE1RC UnCUT 29, EXTSTM CURB. WFIER AND SDEYAK, M WELL M EXISTWC FENCES. TREES, PRESS. LNNDSCAPIN, STRUCTURES. AM ePRWEYENM DESTRORD, DAYDED ON REY]AFD WE TO CGNSIRIDTYJN OF THIS NADJECT, LwL BE REPLACED ON RESTORED H LONE KINK AT THE CONTRACTORS EKPn6E, UMLSS OINERNSE MEAXD ON TINY NM5. PALM TO THE ACCENACE OF CONPLEIEO AP MATIM D. WHEN M EXI TIW ASPLYLT STREET "I BE CUT, THE STREET MKT BE RESTORED 10 A Cp M EOUL1 1D OR SISTER I. ITS ORIGWA( CCLNIION. INE EXISTING SNEO CO SHALL Y DOCUMENTED RY ME On a FONT COUNS CONSTRICTION INSPECTOR BEFORE Art CUTS ME WADE, PATCHING Sw1L BE DONE IN µDEDOACC NTH THE an OF FEDl COwxs STREET REPAIR STANDARDS, THE FINISHED PATCH YOWL MONO N SUDDENLY MD THE EX6nN SURFACE. ALL LARGE PATCHES SINLL Y PACE NM M MNWT WY-COAH W HAE. N STREETS MERE YORE THAN ONE CUT 6 WOE, M dERLAY OF THE CHINE STREET MM, MLIANC ME PATCHED AREA ART BE REOURED. THE OETERMNAION OF NEED FOR A CONFLETC OAERWY SIWI K WCC BY THE CRY OF FORT COLLINS ENEANEER AND/OR THE CRY OF FORT COLLINS INSPECTED AT THE TAE THE CUTS ME WE. 31, UPON CONPLETON OF CONSTRUCTION, THE SITE LULL BE CLEARED AND RESTORED TO A CWpLgN EOUN. TO. OR BERER THAN. THAT WHICH EXISTED BEFORE CONSTRUCTION, OR TO THE CRAGES AND CODTOH AS REQUIRED BY THEY PLANS. 32, A PAVEMENT Yp DESIGN. WiKO AND SIAYPEO BY A CODRAW MEJSED ENWEM. Mm BE SIDNIITED TD THE DB TAX ENSWEER FED APPROVAL PRIOR To PWCEMCM OF AN, ASNMLT. 33, m PROPOSED AWARE WEDS MIND ASPLWT, THE EX61M ASNNLT SWLL BE SAW CUT. A MNMT !DISTANCE OF 12 ACHES TRW THE EXWJ4 EDGE. To CREAM A CLEAN ca6TRIICFa JOINT, THE CONTRACTOR LwL NE REarcED TO RDEM g6TNC PAVEMENT 10 A INSTANCE WHERE A CLEAN CONSTRUCTION JAM GN BE WE. WHEEL CUTS SIN.( HOT BE ALLOWED. METE SHALL H NO SEPARATE PAYMENT FEW TYCURM. 36. VALVE BOXES AND M US ARE TO BE BROUGHT UP TO DUDE AT THE IRE OF PAVENENI PLACEMENT ON MRUY. VALAE BOX AWUSTING FARES ME HOT µtwo 35. TREE TR IW AN/OR REMOVAL WT ATES SHALL BE CONNECTED BEFORE BINDS BEGIN 10 TEST ON AFTER THE YOUNG HAVE FLEDGED. IN COLORADO. REST NESTING ATIO WARNING ACTIONS OCCUR BETWEEN APRt, I MO AM6r 31. HOWEVER, SINCE SOW BONDS NEST AS EARLY AS FEBRWRT. A NESTING aN SLMET SHALL BE CONDUCTED AR A OOI.OG6T BEFORE MY IRK TRmmC OR RENNXL µtMOSS BEGIN. 36. THE NOTE' AD A. OTHER WORN TO CONNECT THE INRIG CWIRp3ER TO A FgTCR SOURCE SHALL RE PAD FOR AS WMNNG MAN SW. I, IT 6 MTICPARO TART MPROXI ATELY 9W CY OF EMB KW WILL R RECURED FOR MS PROJECT. TD PAYMENT WILL BE NINE FEW EMWNKWN1, 11 WELL DE INCLUDED W THE COST OF THE UNCLASSIFIED EXGVAUION. 2. AT A. INES ONWG COXSIRUCIKN, THE CWTRACra LWL BE gESPolEblf FOR PR[HIONG AND, CdNINOIUNG of EROSION WE TO WEND AND RUNOfr. M 1111 M VENCIE CRACKING, THE OMRNOM SHALL ALSO RE R6Pb6B1E PONT NiTALAG AND NAINTAWWNG AL STOW! CONTROL MUnES SI NERE. 3. A. waMnER EPoSION CONFNat WASTRES SHALL DE RaI.MIED AND FUNCTIONAL, PRCR TO AT OTHER EAAIH-061EDBLIG A:iMIY. ALL OTHER STRUCIUTL EROSION CONROL Yu9NEs SHALL H TNENEM[D M SOON AS THE FACUFES ARww WHAM DEY ARE BASED, BECOME OPEWF K. An EROSION CONTROL fWLRY DAIAEED OR OESMOKD INEINUELY, To AA MODS. YML BE NKWTELY REP.NRED BY THE CWRLNLTOR. 5, THERE SHAL BE W FNNH-C6TNRBeIG ACTNTY OWSDE THE MITI DESIGNATED ON THEY MANS. 6. TOP SOL SHALL BE REWORD AN STOO LED PRIOR TO DW NE OKFATEII 2. A WATER TRUTH yMLL BE AEPI ON -ORE AT µL TREES WRING EA Y1 µINOES FOR DUCT ARTNET. B. CONK M N THE FEW MY NVNMI WOSLN CCMNX MEASURES N AWRKN TO YNAI 6 SHORN W THEY NNE. IK CONTRACTOR 4WL a WNI M IMR WASLRES AE DETERMINE!) NECESGT. M DIRECTED BY THE On OF FONT LYAL6 ENGHER, 9. SO AND SEDIMENT. MMIN DWr-O-WAY, SHALL DE RENME) AFTER UNCH SUBSTANTIAL RAINEANL 10. FENPoR.ARY CRO ON CONTROL MEASURES SHALL NOT DE RENEWED UNTIL SUCH IRE M AL MIp1TARY-WTI KD AREAS ME SUFFICIENTLY SIAS IED N M OPINKN OF THE on OF "I COLLINS UNIONIST. 10 MMLMCE EROSION PoIEMW. It. WHEN XMPORMY EROSION CONTROL MEASURES ARE RENOVEO, THE CONTRACTOR SHALL BE RESPDNLBIE FOR THE CUAN-UP AND REAONµ OF ALL SEDIMENT MO BEGINS FROM AL CARNAL AND OTHER PUBAC rACMRES. EXISTING SYMBOLS LEGEND EXISTING NOW "STAC SECTW UK TRELTNEW UNE SWRAR'T SELLER UNE TUENDNE LARK RISER WE LINE WHEN SINE CAS LINE MONK UE FORCE WE CITY a FORT COLLINS MART CONTRI2L NMT ELECTRIC VAULT: TRUFE ELECTRIC PULL BOX ELECTRC: TRAFFIC CONTROL CWTHET IIGT Pot[ FRwn: sxwl W/WsT MN (AS VNH .IN 14A CANE n BOAC S7OW NNNKKE SMW HIS NTH cum SCN mmA CORM% VAIN aUNEATgR -N- _SS -2- -FO- -w -G- -E- v .dW Vert. SCOe Q Sheet Revisions Colorodo Deportment C^GLyoT of TranSporla [ion - 0 �t��� -- t) T' N20 Neat Slrwl •� Co 606J1 T/ �- _ +I--Rro-im-.Im rA.. 9)oa50 URe CNW Fan caR,,. feiwam,ca Region 4 LHN roro122rNm As Constructed GENERAL NOTES AND SYMBOLS Project No./Code Dote: Comment, Trvt. No RWYIR Wns AQC M455-091 { ETE Be TIN. sHMnn FATKINS Revised: Detainer. JAG SLIc2Ne 166Q3 '� f-JC l21 aLmn p Vold: Oetoilar: JAC.. Sheet wmheY 2 Sheet SuDeeP Gene.ol I SmN1 SAME: GHOI DI 1 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. 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 Section 00520 Page 3 PLAN NEW OR M STANDARD PAGE NUMBER REVISED TITLE NUMBER O M-100-1 STANDARD SYMBOLS (3 SHEETS) ............................... 1-3 O M-203-1 APPROACH ROADS ............................ _....................4 O M-203-2 DITCH TYPES.......................................................5 O M-20311 SUPERELEVATION CROWNED AND ...... ......................... 6-8 DIVIDED HIGHWAYS (3 SHEETS) O M-203-12 SUPERELEVATION STREETS (2 SHEETS).. . . .... ..... 9-10 O M-206.1 EXCAVATION AND BACKFILL FOR STRUCTURES .............. H-12 (2 SHEETS) O U-206.2 EXCAVATION AND BACKFILL FOR BRIDGES (2 SHEETS).... 13-14 M-208-1 O TEMPORARY EROSION CONTROL (12 SHEETS) M; „M. ...i5- O M-210.1 MAILBOX SUPPORTS (2 SHEETS) ............................. 22-23 O M-214.1 PLANTING DETAILS ............................................... 21 M-412-1 O CONCRETE PAVEMENT JOINTS IS SHEETS) MTV 1, -25t'9- O M-510-1 STRUCTURAL PLATE PIPE H-20 LOADING ....................... 30 O M-601.1 SINGLE CONCRETE BOX CULVERT (2 SHEETS) ............. 31.32 Cl M-601-2 DOUBLE CONCRETE BOX CULVERT (2 SHEETS) ............. 33-34 CO M-601-3 TRIPLE CONCRETE BOX CULVERT (2 SHEETS) ............. 35-36 O M-601-10 HEADWALL FOR PIPES ............................................ 37 O M-601-11 TYPE 'S" SADDLE HEADWALLS FOR PIPE ....................... 38 O M-601-12 HEADWALLS AND PIPE OUTLET PAVING ............. I... I.... 39 O M•601.20 WINGWALLS FOR PIPE OR BOX CULVERTS ...................... 40 0-603-1 O METAL PIPE Is SHEETS) e]vIS[ew«wa+r n. loa............. �1--4¢- A M-603-2 REINFORCED CONCRETE PIPE ................................... 43 M-603-3 O PRECAST CONCRETE BOX CULVERT ........... M-603-4 O CORRUGATED POLYETHYLENE PIPE IAASHTO M294)iNv.w rze n. 2moi M-603.5 O POLYVINYL CHLORIDE (PVC) PIPE (AASHTO M304)ns. CO M-603-10 CONCRETE AND METAL END SECTIONS (2 SHEETS)....... 45-46 O M-604-10 INLET, TYPE C...................... ........... ....... ............ 47 O M-604-11 INLET, TYPE 0..... ... ..................... ..................... 48 0M-604-12 CURB INLET TYPE R 12 SHEETS) ................. .......... 49-50 O M-604.13 CONCRETE INLET TYPE 11...................................... 51 p M-604-20 MANHOLES (3 SHEETS) ....................................... 52-54 O M-604-25 VANE GRATE INLET 15 SHEETS)... .......................... 55-59 M-605-1 O SUBSURFACE DRAINS (vvam w xY W.IMP .._....................r66- M-606-1 O GUARDRAIL TYPE 3 W-BEAM (18 SHEETS) esvw w wY n. as, lit--7Fr O M-606-13 GUARDRAIL TYPE 7 F-SHAPE BARRIER l4 SHEETS)....... 77-80 O M-60614 PRECAST TYPE 7 CONCRETE BARRIER (3 SHEETS)........ 81-83 PLAN NEW OR M STANDARD PAGE NUMBER REVISED TITLE NUMBER O M-607.1 WIRE FENCES AND GATES (3 SHEETS) ...................... 84-86 O M-607-2 CHAIN LINK FENCE (3 SHEETS) .............................. 87-89 O M-507-3 BARRIER FENCE.... ........................................... 90 O M-607-4 DEER FENCE AND GATES 12 SHEETS) .......... ............ 91-92 O M-60710 PICKET SNOW FENCE ............................................. 93 O M-60715 ROAD CLOSURE GATE (9 SHEETS) ........... ...... ......... 94-102 M-608-1 0 CURB RAMPS (6 SHEETS) 1P2n.. w-1 os. csl�............... 193-His M-6091 0 CURBS. GUTTERS. AND SIDEWALKS (4 SHEETS) My a r.,!B? Mg O M-611-1 CATTLE GUARD (2 SHEETS) ................................. 110.111 CO M-613-1 ROADWAY LIGHTING 14 SHEETS) ........................... 112-115 CO M-614-1 RUMBLE STRIPS (3 SHEETS1 ............................... 116-118 O M-614.2 SAND BARREL ARRAYS (2 SHEETS) .......... ............. 119-120 CO M-615.1 EMBANKMENT PROTECTOR TYPE 3 ............................... 121 O M-615.2 EMBANKMENT PROTECTOR TYPE 5.............................. 122 O M-616-1 INVERTED SIPHON ................................................ 123 O M-620.1 FIELD LABORATORY CLASS I .................................... 124 CO M-620-2 FIELD LABORATORY CLASS 2................................... 125 OM-620-11 FIELD OFFICE CLASS I_ ............................ .......... 126 OM-62012 FIELD OFFICE CLASS 2...................... _............_ .... 127 O M-629-1 SURVEY MONUMENTS (2 SHEETS) .......................... 128-129 THE STANDARD PLAN SHEETS INDICATED HEREON BY A MARKED BOX ARE TO BE USED TO CONSTRUCT THIS PROJECT. ALL OF THE M&S STANDARD PLANS, AS SUPPLEMENTED AND REVISED, APPLY TO THIS PROJECT WHEN USED BY DESIGNATED PAY ITEM OR SUBSIDIARY ITEM. PLAN NEW OR S STANDARD PAGE NUMBER REVISED TITLE NUMBER S-612-1 O DELINEATOR INSTALLATIONS I6 SHEETS) wvm.. xY N. ml_ .136 135 0 S-614-1 GROUND SIGN PLACEMENT (2 SHEETS) ....................... 136-137 1• S-614-2 CLASS I SIGNS ...................................................... 138 O S-614.3 CLASS II SIGNS ..... ...... .................................... .... 139 S-614.4 O CLASS III SIGNS (3 SHEETS)eansm.MaexRn. 2mv.......... ,. 14B-1 R O S-614-5 BREAK -AWAY SIGN SUPPORT DETAILS ................._... .. 143.144 FOR GROUND SIGNS (2 SHEETS) O S-614-6 CONCRETE FOOTINGS AND SIGN ISLANDS .................... 145-146 FOR CLASS III SIGNS (2 SHEETS) S-614-8 O TUBULAR STEEL SIGN SUPPORT DETAILS IS SHEETS),IXvlsoi47-i5f •1.0 O S-614-10 NW MARKER ASSEMBLY INSTALLATIONS ............................... 152 S-614-11 O MILEPOST SIGN DETAIL FOR HIGH SNOW AREAS ues. w n.NOP O S-614-12 STRUCTURE NUMBER INSTALLATION ............................... 153 O S-614-14 FLASHING BEACON AND SIGN INSTALLATIONS (3 SHEETS). 154-156 O S-614.20 TYPICAL POLE MOUNT SIGN INSTALLATIONS.. ........... 157 S-614-21 O CONCRETE BARRIER SIGN POST INSTALLATIONSWV= w n4 N.NIIIISB- S S-614.22 TYPICAL MULTI -SIGN INSTALLATIONS ............................. 159 O S-614-40 TYPICAL TRAFFIC SIGNAL INSTALLATION DETAILS......... I60-I66 (7 SHEETS) O S-614-40A ALTERNATIVE TRAFFIC SIGNAL INSTALLATION DETAILS.... 167.171 IS SHEETS) O S-614-50 MONOTUBE OVERHEAD SIGNS (14 SHEETS).... .............. 172-185 S-627-1 M PAVEMENT MARKINGS IS SHEETS) wv5m m aces a. Nm .... 186-198 S-630-1 11111111 TRAFFIC CONTROLS FOR HIGHWAY CONSTRUCTION rr"avi�]ww„191--282 (44 19 SHEETS) M S-630-2 BARRICADES. DRUMS. CONCRETE BARRIERS (TEMPI. ............. 203 AND VERTICAL PANELS S-630-3 O FLASHING BEACON (PORTABLE) DETAILSa,au w . n.]wu........-R8 S-630-4 O STEEL SIGN SUPPORT (TEMPORARY) INSTALLATION DETAILS.."SeMe- 22. S-630-5 s`A O PORTABLE RUMBLE STRIPS (TEMPORARY) - - - -gee. m. m. Nw 5-630-6 O EMERGENCY PULL -OFF AREA (TEMPORARY) -- as. NO, S-630-7 O ROLLING ROADBLOCKS FOR TRAFFIC CONTROL ......... ... m. can COLORADO DEPARTMENT OF TRANSPORTATION STANDARD PLANS LIST M&S STANDARDS July 04, 2006 Revised on July 29, 2011 Print Dote 8/24 n 1 Q Q O 1 Sheet Revisions Color000 Uepartment CJtyof O( Transportation FOrtCollins _ OT ).:o s..ra som /-'��` C•, eaen _�� e : v]a 3b-]I]a c;, rrl Cerw rx: voabaNa r•� ]01ra1 copererar. C•. Region 4 LHN wo, nrsbs As Constructed STANDARD PLANS LIST Project No./Code File Name: espOl.dw Dale: Comments Init, No Revisions: AOC M455-091 Hori]. Scale: Vert. Scale 11 Revised: Deaignar� LA 51ruc1ve Numbers 16603 Oetoiler: lAl( I W otc Mini rKsr )&tn nn A, NI�S �11 rvaum nn Void'l Sheet Number 3 Sheet Sa6se0 Standard I Scose1 Sheets: 1 of 1 Proposed Construction Easement G vale, 2' to 0'Q Proposed Lelt turn lone Propow0 Spb,h Gw Guite%Trpe u2 � Q Tack Coat (No Spb,h Guard A Curb and I (Sectionfy 8 2 4' Pollard ted Rpe - - SowcuT--�-�-i underdrom 12' I Verin I Vanef I Varies •I 12' E.ml. left Eusl. E.iW. Median al. a iun Lone Shld SolSho Lane EAST HARMONY ROAD AT SOUTH LEMAY AVENUE STA 1s76.22 TO STA 5+64.25 5' 2.5 1 it' 6' Proposed PraposN Right Proposed Sidewalk Turn Lon Bike lane Putpmed Coro ono Gutter iype2 Ssovbtl (Section III) at=- Aea Sidewoh Dlee lone lane EAST DRAKE ROAD AT SOUTH LEMAY AVENUE STA 1+13.02 TO STA 4+74.33 Tock Coal (No 2' HIM Grading S (IN) (PG 64-28) (bold M Binder) 3' NW Groting SC (100) (PG 58-28) 3' HMA Gredsrq SG (IN) PC (58-28) 14- ABC (CUSS 6) EAST HARMONY ROAD ASPHALT PAVEMENT DETAIL FULL DEPTH WIDENING TYPICAL SECTION NOTES O( Place 4- of topsoil to this line alter /9 completion of paving C� Match existing roadway slope 0 Vertical alignment points. Q Widths vary. See roodeay pools and Crass. Sections her addbonal information, I. 4 bch PMIara1M Pip UrMerdroin ehe11 W constructed per IM Lorimer County Urban Area Street Sionawds. All w no and molerbl, reauirea to piece theunderdrob all be inludca in theceN of IM pee: including the connection to the exi.lux, 15 Inch Pipe sued clearable.. 2. Ceoleslee (Renla,ing Mae M paced in bcclbn, in ehich the retied als , rode 6 in No cbxdlen. The ew4 wM be dole by the Erglr:ecr. MEDIAN COVER MATERIAL CONCRETE).[ SPLASH GUARD NOTES 1_ UpsSShalNCorraMr Lerner County Mwll sEtnOpodfor by Median Carer Material (Concrete). 2. FmbonkmeM Material for Wcdbm is nl be Mmsured oM Pod Iw Sepeotey, but Slab M bcluaed in the Cost W losses 42. Uncbairea Excorolbn (Cl 3. TT- Uporeon Joir:t Shall M PbcM &teem the Cub and Yedion Cover Material, The Execution Joel ail not a" Separately. ft c°et ls`mb�tte1 Ussoosen Closer Concrete) 2' NW Grading S (100) (PG 64-28) (Modilied Boer) 4. Yeaon Curer Material ,Ms be 9rry concrete. 3' HIM, Grading SG (100) (PC 58-28) 5. Coatal Joints far session Carer Material Shall be PkabM Every 10', notching the cure said gutter control 'pints. aim o Minimum Depth of 1-. 3' HW Grading, SG (I00) PC (58-28) 9- ABC (CUSS 6) EAST DRAKE ROAD ASPHALT PAVEMENT DETAIL FULL DEPTH WIDENING j Print Date: 8/24/II 1 O OProne c 1 Sheet Revisions Coloroao to,- tmenl y Of Transportation CR of 142p,w slr..r _-- OT, Fort Collins Rvw: 70350.21 u meow z„e cur or rat c w e°my'n1°bys 2el1Qu uoov°e•ce. Region 4 LHN 1.101 Rcl mass i15 Constructed led ROADWAY TYPICAL SECTIONS Project No./Code ) Pa. Nam« .m oz.aw Data: Comments Init. f Hori2. Scale: 1'.10' Vert. Scale: NO Revisions AOC M455-091 i m prt leae s r n aD nn Revised: Design.,: 9 AC Seruclore 16607 {ATKINS �e m,WTT ra: TAT M' ! O Void: Decals JAols NumSubselrSMelf: Sheet Number 4 Subset: iypic TSOI of I SUMMARY OF APPROXIMATE QUANTITIES wo No. CONIR1m I. Ad. CONTRACT ITrN No. I. Of]CMPllpl E,.—.I A. S."..v Are 6. 1•NS S. Lem•V AVe n.TLL! A]CWIx. PLAN AI mXIT. AICONIi. PLAN .V CpHi. PLAN 10 CONei. ml N1. CYWrp M hrfbrq 05N mx .1. BemrY gHei 0 1 mx So. PA .oAHWa JIA� ] SYx do. IW10N w SNPPSAr 0 mT mx 6 2R mx�] X.1v.1oIGNWGYN IFO ]a ]]5 9b .2. A.q NN 1. no .2. AP-v, q P—Pv Ne4y m2 m.10 IWrwl el.—lIP 2 0 x ed n.l. I -.•1J Ere.nlm lC ,la. F I., CV e]I b m> b)LOIDS Ta Nl GV O 110 IIO m] m]LO110 1.10A INA.I LV 0 110 Ir0 ]OB se. EwbnL 1 H310 EG m0Ay50 llNm Pw IW P.1- EA. 0 1 1 9tl ZOBI®5 EwmCNW 6wrs 1LM111 10 b A 15 HO 21p0.010 Ay1NWd. EAfH 0 n 21x vzmH eeMN11CIA•I ACHE p ..1 a.] rx mzoHH leL romAnr CV Is t 10 NNNe m—C.NI sF l.Jp Ip xn zupHps H•nrN NrAn (F—L) sF 3 ! a.H m zb xlzoHro LNNH,. v1. N.-F. $X ]u o b2 2u s'.. L.m...... . EACH m ! b a m zuamas Iw. NNIA—FN uN1u1 Ls I C 1 n z1. n oNNN. u. P., I.v CAEA', EACH e ! s0 s. 214 21. ENc .n.•m 1.0 CANPAI EACH m o m a H. xl.amb oNrtw owls ma, CaN.NI EACH 5s o m m a. 21. H. P....N. 11 CASA urN.AH EACH uz o Le H .». al.aHp Appwl.e CPN..ICJN•N nw zsene m .b . I ... AL" IONa.N. IIOT1 IPo SNm1 iou de H An ALLENI NN 1N. A.IM AvA]M s1110 I P06.MIINWIg0M.1 1[YI Pe W 14 b W] An.'s A.N1n IP.lelvy lA.., iON dv1lm Ie IIWnMemNn1 aV 7. 54l 1'. y W5 6'ISOb.O .Ion P.... P.PA UGNJan IF .1 0 657 b 6M WBd]b0 Me svMWL 6V 0 WA YBYbH0 CmPMeCgO PNp sV 0 10 10 m LH ba:lolo u.e NNaw. ryo-zlSNw5e1 Is Ixz o I.xu 6y .1. G.O NCMa ryP xsvn nFB1 IF 0 b9 37 01. .1. .. I'.m NUNY11Ca. 1 6F x.. 0 2.000 AA Bls .1.1. ..N L! I 0 1 i es 6NNOm sNNb IN, EA. 1 6m 6HMq] Iry.n fiV.lem Is 1 0 I 1 6H R]ONCe Inpam 1511PrW1ab1.M BNAWI IN 1 0 1 I 6x0 6x00M0 NMiu.lm Ls OS OS CvvI-1- a Talk GNI..l M ANN1 ; I b0 m obH Lonlrclnn bn Talk N.Inµ. WN1 IS 0 1 ]0p .1..0 F/A.1-IC-.-IWVIN. EA C. I fip Tq]H16 FA FUN CqI AO—. FA 0,5 111 Al .1. FLt.-m0cl FA s" n. .B Tb TVIHi FIA E—. CN.N FA OS Ps ; .0 iM FIA .IN i4 FA 0 50AN FIA erp.rp 0 Clrpy f A OS 0.5 Print Cote: B 25 tl p Sheet Revisions Colorado Department of Trons ortation C—Utyouf^^ rUl t W��I� nr 1.:e5• Ne1,.N cr..Nr. C. ew]I N w' N. "So AM t)OJb'xI's am .I Fm a.•.. Eviel7®IM 2AI N. CNAN a.N. FNI col.». C.. Region 4 LHN 10)H zsI6605 As Constructed SUMMARY OF APPROXIMATE QUANTITIES Project No./Code File Nome: SOAa.dW Dole: Comments Irul. NO ReNillenl: AOC M455-091 E Ncri:. sa0le: vert. scold: Revised: gn JAC D.Si m= Slruclure 16603 De tailor 'AC Numbers pW Olt ONA.N( IW urmuen sa )m f.: n3,m'nN f /�TKINS OWNS,a W31 Void sheet Number 5 sneer sublet summury sww sneetOsuMol of I N 8 8 8 „ Si I Ir00 3r09 srW 5.00 6r00 7r00 8r00 9r00 10r00 ea 56941'541 950.00 I' . Io0' EAST HARMONY ROAD i R ) g N J 8 :• c3 i h R.s10.00 �? t.260.66 6.3W34'24' R S1A e41190 R I R N 118193.17 3 S6T H R E 2M42.40 i ]91�at y t > l .2y k f W JsAl sr00 5+00 c1 d C-3 E d� f C EAST DRAKE ROAD . Print Date 8/26/11 Sheet Revisions Color000 ortatiDeportment of rronsoortatlo" 1.]0 Lrstl 54w1 --_ or 4rbf. Ce 2.2 Rwv: 9,a-35a21ne r a: nba 6alw cRyoE .. FortColllnS GIN As Constructed GEOMETRIC LAYOUT Project No./Code rile Nam.: ciRiol,a. Dme: comments mn. HOrl2. Scale: q5 SHOWN Vert. $nail o No RevieMne� AOC M455-091 + Q i Revises: Dlel er: R dnc SIr.,ho. 16603 re 9rt rq.e ATKINS r! a mmn reel `dnn xn °core.' Numbers Details,: JAG { 63"„ atmD 0 Region 4 LHN 9 moriii dem' �,i6, Sheet Subset: Geometric I Slbest Si sets: GL01 of I Sheet Number 6 LEGEND W I Ia REMO.•AL a ASPHALT wT N r a w REMOVAL OF socwux Sc O® REIAOIµ Of CURB AND GUTTER m®n I I\ L. AD NORTH RIGHT OF WAY HARMONY ROAD'. / PLAT OF COURTNEY PARK INL ________.—_ I---_—_--_____ z CONT ROL. IUld _RDAO M------_-----_ RE"ONE ]A Sf D< PAAKENI KINK" _ 1+00 2+00REMOVE aNvNuTOR 3+00 DELINEATOR 4+00 + ? I2.DO AT < } REIAnE I N } I "OUT N-' ' w t ' I - EAST HARMONY ROAD k EAST HARMONY ROAD } 1a R 2 j REMOVE SAWCUT MN— GRqINO SIGN REMU'E 700 SY Of @ — — _ — _ — _ _ — _ ASPHALT MAT_ _ i RE NLEi �— — — — -- t `SOUTH RIGHT OF WAY HARMONY ROAD: I PLAT OF OAKRIDGE BLOCK ONE P.U.D. / FILING RED / REC. NO. 93041SJ a y Print Dote: B/2a/11 R` Sheet Revisions Coiorodo Deportment cltyof As Constructed EAST HARMONY ROAD Project No./Code File Name: RmpID]Aw Date: Comments 1 wit. of Tronsportotion ROM CcAhns F Horix. Scale: AS SHOWN Vert, scale: Q ]Qi HRo S..w SR G.aMr. Ca Clkll �/ No No Revisions; REMOVAL PLAN AOC M455-091 O _ wa.� era-imaue moaso-mee rN °caw �M Revised: Des. en vn JAc $ladle 16603 { �E/ Aa Rrc re..a Iry nrm'nn �' L"YD Er XUw "A ]ei ca. DeloJer: JAG Numpara ^'�S ea<.mee3r } p Region 4 LHN tavm R]Heam vole Sheet Subset: Removals Slbael Sheets RMOI of 3 sheet NumOer ] LEGEND N ® RENwAL Di A6PNALT wT REuwu a 5a1EWAUI o REMOVAL l cuRe AND CUTTER &SOL ® !L—m� 1•.w' /-NORTH RIGHT OF WAY HARMONY ROAD'. / PLai OF COURTNEY PARK -------------------- v FAST NNUa1NY Rp10 < INNE 5 1NNE TOa CONTROL MINE a Nwi peo_ sY_ OF EAST HARMONY ROAD PAAMEiENT MARIO G N w 5+00 6+00 ASPHALT MAY 7+00 6+00 9 01.R 800-Rt- 9+00 —1D-+00 — Z 6.4990 ::J 1100 RI If U r U e.6e.95 Q 9.61 RT 14 03RT 0 GE )v)5.00 8 25 5300.10 99.50 RI 99.50 RL `PAAME 12 SF OF —R0.50 RT REaOVE 98 Sf OF PAVE1 EHi LLNNWG PAVEYFHT MARNWG —— `SOUTH flICHT OF WAY HARMONY ROAD, PLAT F OAKRIDCE BLOCK ONE P.O.O. FIRST ILINC RE C, N 9304153 ry Print Dote: a t Sheet Revisions ColOrptlO Deportment of Tronsporlption HE0 scca» Su..� W..»r GE of C.._ 7 Fo Fort Collins AS Constructed EAST HARMONY ROAD REMOVAL PLAN Project No./Code i File Name: Rm0102b.dw p102 Dme: comments Init. Horii. $Cole: A$ SHOWN Vert. Scale: o NO Revi9�0ns: ADC M455-091 ReviveE: Desi ar. 9n JAG Sboaly° Numpery Q vnww9r0-550+2126 Fui 910 J50-]199 Cllr e1 F.. Cw.. e1ra.I }y' C rq Df[ DNrvl 11f n3m nn Detailer: JAC I6603 A' NS 'M a �.m@R re m m nn O Region 4 LHN cein, co �9101 ))Pb05 Voie: sheet Subset: Removols I Subset Sneely: RMOI of 3 sheet Number 8 I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — LEGEND w Z REMOVAL OF ASPHALT WT N Q < A I\Q REMOVAL OF SIDEWALK F I 0 - v1 G� PARK WOOD LAKE p �]=1 • RE1gVAL Of CURB AND LURER m®w IISAWCUT 2' l\ HI NOTE: 11H\ 1�r. �PROPOSEO SEE SHEET 17 FOR TRANSPLANTED TREE LOCATIONS F U 56 LT ,, - L9 in PARKWOOD PROPERTY OWNERS ASSOCIATION BOOK 1702 PAGE 022 PROPOSED ROW REIIMOVEALK207 sY of P� \ T' \ EAST DRAKE RoiJT� �\ Er11$$rlNc wL T i� CONTROL UNE 3F00 ,R _ I (t REMN_ _— — CITY PORT COLONS Of WAY � K 19)1 PAGE 770 - - UT ON CONTROL 4+00 5+00 �- I UNE n1 MOVE _ 16] SY Q — 'c 2c CURB A \ ASPHALT WT 325 Of CURB NO CUTTER FIRST CHRISTIAN CHURCH PUD BOOK 2103 PAGE 245 WARRANTY DEED: BOOK 1271 PALE 216 Print Data: 8T24/11 1 p Q 1 Sheet Revisions I Colorodo Deportment Clt,.f of Tronsporlotion Fort Collins _ nor L]a T.P. el.»I �� W..4Y. Co. L0631 Pnry9)OlSa]I]s ---' rug v]0- se To cur ar rw1 cxu �flo�® ]elrerr cam, a— Region 4 LHN swr ]a secl As Constructed EAST DRAKE ROAD REMOVAL PLAN Project No./Code File Nome: RmpIO3.dwg in Na Revisions: AOC M455-091 Hori]. Scale; AS SHOWN Vert. scale: - • Revised: Void: Designer; 9n JAG Slruclve 16603 Details, JAG Numbers ILTV .W EILYMe la ntm nn j "' ^�N� m Ott r. z mnn Sheet Number 9 Sheet Subset Removals Subul Sheen: RM03 of 3 I � Y I3 I o J N g z W I.26.22 I 00 irm I 28.95IN EL 49M W -- 6 1FTi C. 49 Ri EL Bfi.fiE I 7l Print Dow 8/24/11 I 1 1 heet Revisior File Nome: Rdp102.dwg Dotes Comments Hdri2. Scale: AS SHOWN Vert. Scole: Q CZD ATKINS uk OTCNo lm e.,1.ee sN rr. nrmmn r< 1um mn s... rn emu I CURVE DATA LEGEND CUTS NO. RADIUS LENGTH TANGENT OELIA PI Np RHING PI WING Q 2.60' !.BY S.B4' U]'39'SE_ N 1029IO.D5 C 2001178M Q 49.00' I9.00 1004' 2SM IB' N 1W 116.22 E 20009/62 ]Q 49m, 1982 1005' 21'IO'52- N 102903)2 C 20009356 ® MEOXAN COVER NOTE (CONCTTE)/SPUSH HOT Al AS T x01E ALL STATIONS, DFWS MO CURVE DATA FOR CURB AND GOITER LOCATIONS ME AT FLOMLNE, UNLESS OTHERWISE SPECIFIED. NORTH RIGHT OF WAY HARMONY ROAD. I� PLAT OF COURTNEY PARK IEAST HARMONY ROAD I 2+00 3+00 4+00 SBffu'A'E 9��, I + i 5 5.00 2 RT2 — a 1 to I w ? 3 e' PERFORATED ME V r 2.WW TIE UNDERDRIJN TE INTO COSTING 15' PIPE 4• PERFORATED PIP[ PERFORA I.76.22 32.50 RI 1050' Ri EL 4988.23 UN = CURB MO MITER — — — — — ME 2 (iECION IB)_ — _—__—________—__—__ SOUTH RIGHT OF WAY HARMONY ROAD: PLAT OF OAKRIDGE BLOCK ONE P.U.D. / FIRST FILING RECFIRS NO 9304153 v vcVe, LmenL or Trnnsvortotion Clty0f �1CoWnS As Cons _ CT u90 n. C., Bsi,enOID. o••N,. c.. e0sn Fm-PR—70-350021M mod® � woa5o�ase ,/'�f1 lei �•� l c•e.. No Revisions Revised Region 4 LHN .em°2iaeen Void: N 1• . 40' EAST HARMONY ROAD ROADWAY PLAN Project No./Code AOC M455-091 16603 Sheet NumCer 10 CURVE DATA CURVE NO. RADIUS LENGTH TANGENT DELTA PI NORTHING 1N FASTING LEGEND O1 11,15 )S.JI' INFINITE IE00000• NIA N/A N NOTE. ® NEDWI CMR UAIERW (CONCRETE)/SPLASH GUARD ALL STATIONS, OFFSETS AND CURVE DATA FOR CURB AND GUTTER LOGTgNS ARE AT FLDwLwC, MESS OTHERWISE SPECNRD. HOT MIX ASPHALT A roP _ _ _ _ TOP OF CUT� -—- TGE OF FILL r.40' NORTH RIGHT OF WAY HARMONY ROAD: PLAT OF COURTNEY PARK SOUTH RIGHT OF WAY HARMONY RDAO'. PLAT OF OAKRIDGE BLOCK ONE P.U.D. FIRST )LINO REC. N . 9304153 ra 3 Print Dale:8/24/11 Q Sheet Revisions I Colorado Department C^Cit'yorrf ^ 01 Transportation M t W���ns (]% Hxa.1. S. , /"��� 4re4x. Ce eatll ow.omisa-nxe '9--- rug noaw-ase uIr er rw1 c.e.. t xslFwl Cam, Ce Region 4 LHN Iwm xm eeos As Constructed EAST HARMONY ROAD ROADWAY FLAN Project No./Code File Name:Rdp102h,dw Dale: Comments )nil. No Revisions AOC M455-091 F Horix. Scold; AS SHOWN Vert. Scale: % 1 Revised 9n JAG Desi er: NUerblve Nwnhere 16603 Oetauer� JAC M OTC Mve a z)m'nn ATKINS NI0®)1 ❑r J611e'Rtt Q Void Sheet Number 11 SNeet SuCset= Roadway I Su set Sheet. RD02 of 3 e �. PROPOSED ROW I \ p 0%I Iwf 61YIG ... �� �SDCWALN RILP CURVE DATA CURVE NO. I RADIUS LENGTH TANGENT DELTA PI NORTHING PI EASTING Q 28.DO' 31.80' 18.9' 6r07'O9' nB52B35 2=70.74 Q 42100' 59J9' 19.95' W08'14' 118255.54 200243.40 03 42531' 12697 1 5396' 1 170618' 118225.32 200332.67 NOTE: STATIONS. OFFSETS AND CURVE DATA FOR CURB AND WITTER LOCATIONS IRE AT FLOWUNE. ELEVATIONS INCLUDE 2' DROP N CURER LEGEND N HOT mix ASPHALT - _ - - TOP OF CUT -'-'- TOE OF FILL ]0 10 M •0 1' . 40' 44 - •',d' 4912.5• �P PARKWOOD LAKE 29. 5 Li /, ¢ EL 49125• � ro ioP Dr cOl rtOO 5' SDEW,uPROPOSED EASEWENT � M d P I.2>6p - CURB AND WIrtCR PARKWOOD PROPERTY OWNERS �, Y \ ATION TYPE 1 (SECTOR 0) BOOKASSO1707 BOOK 1)01 PAGE 022 ROOMNf e'y'.4tc l \\111 // PROPOSED ROW] 491�.54 Q9 pI \ ®i I` 1 [� 13 �L -4 \ �'i 10 1p C TAPER 13' 14 4 . TOE OF FILL ggC � z OF WAY K INJI PAGE ))0LJ - -�-- } LJ _ O 11)•. WATCH n�xISTeD � EL 49)0.29 I• C-J R•440.00 L-280.1TS FIRST CHRISTIAN CHURCH PUD BOOK 2103 PAGE 245 ion-145,40 6.3W.14'24' A STA 4.21.80 WARRANTY DEED: ' BOOK 1))1 PAGE 216 PI N 118193,17 PI E 2DDM24 40 Print Dote: 8/24/11 Sheet Revisions Colorado Department Fite Nome: RdP103AW Dote: comments mn, of Transportation dLvo9 Fort As Constructed EAST DRAKE ROAD project No./Code 1 Horiz. Scale: AS SHOWN Vert. sCOIe: O A:o s..n,:e sv.a )or G••Y I. Ce. 2.2 Collins /" No Revisions: ROADWAY PLAN Aoc Mass -Del 1 O Pw.: sraasoone 0 Designer+ 9 LW 91E IAY.ee T1! Dvmnn O ra: w9Je9QIPe xei rR.'[a•e•i«u• Revised JAG $Imtlwe NvmDare 16603 F ATKINS �, m�R F.13Waann d O Region 4 LHN rea cw., ce. ro>w RRINOe VoiO: Detader. JAG Sheet SiDReL Roodwoy Swset Sheet.: RD03 of 3 Sheet Number 12 incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: 1 TITLE SHEET 2 GENERAL NOTES AND STANDARD SYMBOLS 3 STANDARD PLANS LIST 4 ROADWAY TYPICAL SECTIONS 5 SUMMARY OF APPROXIMATE QUANTITIES 6 GEOMETRIC LAYOUT 7-9 REMOVAL PLANS 10-12 ROADWAY PLANS 13-15 GRADING, DRAINAGE AND EROSION CONTROL PLANS 16 STORM WATER MANAGEMENT PLAN 17 TREE RELOCATION PLAN 18 LANDSCAPING PLAN 19 LANDSCAPE DETAILS 20 IRRIGATION PLAN 21 IRRIGATION DETAILS 22-24 UTILITY RELOCATION PLANS 25-28 SIGNING AND STRIPING PLANS 29-40 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 —to—, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. , 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Section 00520 Page 4 I � W z N a( NOTE: y SEE ROADWAY PLANS FOR STARING DATA N J I r ..D NORTH RIGHT OF WAY HARMONY ROAD. — - — PLAT OF COI1RiNET PARK 1+00 i'-2+00 - 3+00 ggg0•' 4+00 + INV EL 49M 20 v LU - _ - - - - EAST-FFARMONX-ROAD-- `)' ------ — -4990- z U _ I STA z.027 a $tA S..H. to VA e.]D.J9 m ]L28' RT JD.)3' RT 31.29'-RT_ CLENNOUT /=-49as- — — — — — — —--RRL[L• .991.V _ — — — m-EL W9t59 — — mu EL .991.9e — -w EL-+ 19B3..e-. _ —Ky_4 ._A90J99_ — INv EL ..98s.5) PERFORATED PIPE uNOERORAw -- - — —------- — — 1 / `SOUTH RIGHT OF WAY HARMONY ROAD: I PLAT OF OAKRIDGE BLOCK ONE P.U.D. F PST FILING / REC. N0, 9304I SJ i e Print Date: 8/24/II Q O p Sheet Revisions Colorado Deportment Cltyot of TronsDortolion For�•.�t�l`s - )()% 1•2o s•oa•e Sb•ei WrNrv. Co eee]� ��� nwa 9x0-]bdlxe rn m rai cwaan FAA. moab 21M r l00.r9pi9C® xur�.c �, Region 4 LHN smrxaeeos As Constructed EA T HARMONY RDA GRADING, DRAINAGE AND Project No./Code File Nome: 3,102.aw Date Commema Init. No Revisions AOC M455•09I Horii. $cale� AS SHOWN Verl, Scole� Revise0� Designer JAC Structure Numbers 16603 Oetoilen JAG m arc rA..a Rw]umnn /�TKINSLs Otwm ❑.mmnn Void Sheet Number 3 Sheet Subset Gmeing S14Re19wetrGR010l } LEGEND NOTE: SEE RDMIwAY PLANS FOR STAKING DATA - _ _ - TOP or CUT N --- TOE OF FILL Mo r . 4T NORTH RIGHT OF WAY HARMONY ROAD', PLAT OF COURTNEY PARK N � + + a 990- _ _ a8\ \ C RAr EL 4987.17>'8J 8 _ _ - w 5+00-------___ 6+00 7+00 \� 8+00 `� • 9+00 10+00 z TOE OF Fu -- a __________ --�.__� ______ ____— _._—a- . __ __ __ _ ____ ___ _ o _ __EAST_HARMONY-ROAD 6TA 744R5.59 ' STA 5A6596 STA fi436.95 1. Or / CLE7 Or �� EROSION LOGE (2) 10' SECTIONS __A9 - - 8.1 ' RT CLFNlOUI ON EL . 4990.45 INN EL . 4986.46 STA 4.5Ri.36 ClEANOUT MM EL . 4991.76 RIM E.. 499L31 INN EL . 4985.81 4' PERFORATED PIPE LWDERDRWN IIY�? 4989,59 — — — _ _ _ _ _ INV EEL . 498538 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ON EL . 4987.10 SON TH RIGHT OF WAY HARMONY ROAD: PLAT F OAKRIDOE BLOCK ONE P.UD. FIRST (LING REC. N 93D4153 ,a g - - Neme:OrPlo2b.aw Q Bet.: 4 ncemmns cemmentA mit. wmreue veportmenL - Cltyd of rronsportotion Fat Collins —_ Q r I4i9 L4wM 9bnl ,/"� �� u..N.. c...31 �/ Pl, : 970 0 0'1'° m. n0a09a19e is Ir oC ate.... Fw. reru, a Region 4 LHN Iwm 22, 4eoa AS Constructed LAW MAKMUNY KUAU GRADING, DRAINAGE AND Project No./Code 1 No Revisions H. Horii. SOole: AS SHOWN Vert. stele: AOC M455-091 + Revise0: Void: Designer: 9^ JAC Slruclure Nu,nOars I6603 im OTC OMr- ti 9um nn � IHC S 1S e i rm: JIMm nn Nw.m all Q OetaYer: ,AC O Sheet Subset: Croding I Su Il Sheets CR02 01 3 Sheet Number 14 -- ----- Z NOTE: LEGEND SEE ROADWAY PLANS TOR STARWG DATA YTOP OF CUT N a � \ — — — TOE OF FILL w 1 DO J P 0 \I lit P ro!L—.d PROPOSED\ PARKWOOD LAKE Q EASEMENT TOP OF CUT RorosE\ rho � 1 pp ], I \YI� x, \ � P PARKWOOD PROPERTY OWNERS ASSOCIATION T BOOK 17O7 PACE 022 EROSION LOGS (31) 10' SECTIONS FUL lire Ln CITY ORT COLLINS OF WAY ON 1671 PAGE 270 \� _ _A9-'2— STORY DRAW INLET PROTECTION FiR6i CHRISTIAN CHURCH PUD BOOK 2103 PAGE 2A5 WARRANTY DEED: BOOK 1]]1 PAGE 216 Print Date: 8/24/11 Q Q Sheet Revisions I Colorado Deportment CDpof of Tronsportotion FortWtIns _ i) i 1e20 seise sveu Ge,4r. Co MAI _�� onr.sroisonn° Gl Teri ceNm n sro xw sloe i se1ro.1 CWme. Ca Region 4 LHN ram aWeeeos As Constructed LA51 UKAKL KUAU GRADING, DRAINAGE AND P Project No./Code Fde Name Gr 103.d. Date: Comments Inil. No Revisions: AOC M455-O91 Hoot. Scales AS SHOWN vert. Scole� Revised: Void: Designer JAG Structure 16601 Dewier: JAG Numbers 1 m b1c ow.e x r n ram It ATKINS Dee. 1, Or s"" 0�� O Sheet Number 15 Sheet Subset Grading I Subset Sheets GR03 of 3 1. STORMWATER MANAGEMENT CONTROLS FIRST CONSTRUCTION A TIVITI S THE CONTRACTOR SHALL PERFORM THE FOLLOWING: A. POTENTIAL POLLUTANT SOURCES 1. Evoluate, identify and describe all potential sources of pollutants at the site in accordance with subsection 107.25 and place any BMPS required to contain potential pollutants. B. BEST MANAGEMENT PRACTICES (BMPs) FOR STORMWAi R POT LUTION PREVENTION The construction methods used for this project will hove minimal impact to the surrounding areas. Due to existing topography and work the BMP's to be used will be placed prior to any earth moving activities. Inlet Protection will be placed at all the existing inlets and erosion logs will be placed near the limits of the work zone. C. OFFSITEDRAINAGE (RUN ON WATER) I. Place BMPs to address run-on water in accordance with subsection 208.03, 0. VEHICtF TRACKING PAO I. BMPS Shan be implemented in accordance with subsection 208.04. E. PERIMETER ONTRO I. Perimeter control shall be established as the first item on the SWMP to prevent the potential for pollutants leaving the construction site boundaries, entering the starmwater drainage system, or discharging to stole waters. 2. Perimeter control may consist of vegetation buffers, berms, silt fence, erosion logs, existing landforms, or other BMPS as approved. 3. Perimeter control shall be in accordance with subsection 208.04, 2. DURING CONSTRUCTION RESPONSIBILITIES OF THE W P ADMINISTRATOEZEEQSION CONTROL SUPFRiTSOR DURING The SWMP should be considered a 'living document' that is continuously reviewed and modified. During construction, the following items shall be added, updated, or amended as needed by the Contractor inaccordance with Section 208 A. MATERIALS HANDLING AND SPILL PR NTION - Prior to construction commencing the contractor shall submit a Spill Prevention, Control and Countermeasure Plan, see subsection 208.06. Materials handling shall be in accordance with subsection 208.06. B. STOCKPILE MANAGEMENT - Shall be done in accordance with subsection 101.95 and 208.02 C. CONCRETE WASHOUT Concrete wash out water or waste from field lobomlodes and paving equipment shall be contained n accordance with subsection 208.05. D. SAW CUTTING - Shall be done in accordance with subsection 101.95, 208.04 and 208,05. E. STREET CLEANING - Shall be done in accordance with subsection 208.04. 3. INTERIM AND FINAL STABILIZATION A. SEEDING PLAN: Soil preparation, soil conditioning or topsoil, seeding (native), mulching (weed free) and mulch tockifier will be required for on estimated 0.5 acres of disturbed area within the right-of-way limits which are not surfaced. The following types and rates shall be used: COMMON NAME BOTANICAL NAME LBS. PLS PER ACRE BUffalograss Buchloedoctyloides 8.4 Western Wheolgross Poscopyrum smlthii 4.3 Slender Wheatgross Elymus lrachycouNs 3.0 Sideoals Gramo Bouleloua curlipendula 2.5 Bue Cramp Bouteloua grocilis 0.6 Sol Orial Sporobolus cryptondrus 0.1 TOTAL 18.9 B. SEEDING APPLICATION' Brill seed 0.25 inch to 0.5 inch into the soil. In small press not accessible to a dnll, hand broadcast at double the rote and rake 0.25 Inch to 0.5 inch into the soil. G. SPECIAL REQUIREMENTS: Due to high failure rates, hydromulching and/or hydroseeding will not be allowed. D. SOIL CONDITIONINGN FFRTIIIZER REQUIREMENTS- 1. Fertilizer will not be required on the project. 2. Soil conditioner, organic amendment shall be applied to all seeded areas at 3 CY/1000 SF. Temporary seed crepe do not required son conditioner. 4. TABULATION OF QUANTITIES Pay Item Description Unit Quantity 207 Topsoil CY 110 207 Stockpile Topsoil CY 110 208 Erosion Log LF 330 208 Strorm Drain Inlet Protection EACH _ 208 Erosion Control SuPervisor HOUR 20 212 Seeding (Native) ACRE 0.5 • Il is anticipated that additional BMPs and BMP quantities not shown on the SWMP Site Maps shall be required on the project for unforeseen conditions and replocemenl of items that are beyond their useful service life, see subsection 208.03 and 208.04 (a). Quantities for all BMPS shown above are estimated, and have been increased for unforeseen Project conditions. A. BMP sediment removal and disposol shall not be paid for seacrotely but shall be included in the cost of the work. All other BMP maintenance is included in the BMP Device. 8. Maintenance of landscaped areas shall be paid for as 214 Landscape Maintenance (24 Months). C. It is estimated that 2 concrete wash out structures will be required an the project and will be included in the cost of the work. 0. All miscelleneaus erosion control work as directed by the Engineer will be Poid for as Farce Account Erosion Control. E. Maintenance of seeded areas will be included in the cost of the work. File Noma Si moo a Oma Comments yV V wwV of Transportation Cityof As Constructed STORM WATER MANAGEMENT project No./Code Hari:. Stole Vert. Seale O Init. N30 SerW FortCotl�ns RJLVII No Revisions PLAN ADC M455-091 0isawn Gewr. ce. eC4Jl =31 t � �� 44%OIL bill I aumnn M1 Ill 17% � _-- rug wo�aso�xw ��® In i of rwl cw xel w� [e�e•w, Co� Revised' 9^ Da toilers JAG JAG Structure Numbers 16603 Ow aI O - Region 4 LHN inol xn can Void: sheet Subset; Slormwater Subset Sheets: SWOT of 1 Sheet Number 16 -------------f--- w I z Y r O aI I NOTE: TI LOCArKWI OF IRAxsPuxTEO PRICES TO BE LEGEND N DETERMINED BY CITY OF FORT COLLINS .VIBORISi. OVE TREE XK 10 BE TRANSPLANTED (BI' OTHERS) TREE NEW LOCATION20 yye� yy¢--�� ®o 1' . 40' PARKWOOD LAKE Of CUT PARKWOOD PROPERTY OWNERS ASSOCIATION BOOK 1]0] PAGE 022 CITY ORT COLLINS of WAY OR 18]I PAGE 720 FIRST CHRISTIAN CHURCH PUD BOOK 2103 PAGE 245 WARRANTY DEED FOR REFERENCE ONLY BOOK 1]]1 PAGE 216 THE CITY Of FORT COLLINS WILL RELOCATE TREES AND IRRICAtgN SYSTEM PRIOR TO CONTRACTOR OOMYENCWG WORK IN THIS AREA Print Date: 8/24/1 1 1 O 1 Sheet Revisions I Colorado Deportment at,./r+_ I O( TlOnSpOlt0ti0n �ICoilins _ ]OT 1410 selm• SR., Gr•e1. C• SC6]I ___ Naw� 91a-]]a-]I]0 01 1., C. rA.. 0oaso alW r •� ieonuvaw� ]u;�.'CaAn,*a. Region 4 LHN 4]el ]]PeeW As Constructed EAST DRAKE ROAD TREE RELOCATION PLAN Project No./Code File Name: Tmp103.dw (I Commenl4 Inil. Na Revnbn4: noc Mass-o91 ` 1 HOrii. Scale: AS SHOWN Vert, SCOW i O C Revised void_ Designer: JAG jlluClVe NunDera 16603 Oela3er: JAG m•rt r.w4 PAv ]om nn ATKINS bes m® P. w nnn sneel Nmeer 17 Sheet Subset: Relocates Su0se1 Sheets: 0l I __ - I 1 W 7- W = -'' CLEANgIT, TRP, (SEE GRADING. ORAINACE __________ _ W ____________ T _ — a HARMONY ER050N CONTROL PLANS ROAD N^OLNUyNfDNEiRADNRDAILEANDUr _------ -----4 9L -- -------- n-Ru ^Au _ ___` FI 22 W J v Ir 21 11' 12 12' 2].5' 20.5' 10.5' 30.5' zO. S' 10-nu5 IS-PUA `Ax IS-RTA 10 eOJIDERS (]2 Sr.) 10-AAM CLfANWr 5-p$P I - a -- ___ ____ _ CROSS -- _ _ WALN ULPING 0 a 7-csu z] 1]' 35' _ _ _ _ ` -1pp9 PMAM B-RLA 8-CS^ CLEANWr-—`` 15.5 (80-LDErLEC�Pv3]' IZ CLEAHWr OCEtlIER) 19-SMA S (3] Sr.). 19-$1AA _ 90UWERS (20 Sr.) — -9 AA. — — HARMONY ROAD 1 i� — — — — — — — — 1� — — — — z 1� - I AWRZAPE PLAN -WEST I I LANDSCAPE MATERIAL ND PLANT LEGND IA.ee Inx (wsAs @,a 4mws w, x.Ne -.— j O c.xror 1[1EE. rro. - as o_ 1uRars . oo_: T uwsoxYM.a.. a. 9 — �.o.. — t -------WI_ .\ Nr _______ DRNAycxru mEE rrorn. aEwoz —1-m— uu'N.uuw."lwz '-.u_llN ty �Yrrwuf 5-SMA `i7SJ /�\ . mssoxx ruw___SSK-er, t �AA�wuw �uY y A 0Q) 98u^ LENGEC ORK.E.r4 CPA55. rro.a-DCS w w 11S ARTA 13-CSA ]' OEn� ® PERExmµS TW` RTA IX$P 12' I I 5-RTA w-CgG.xl[ u Yp: JM' ra - rut S Ea �y 1 a F��rS@A Il { aYw1a eMaO[RS1NI4vpCY.TLvp5r6iT"BMC[YS-rtruFxTs-FwTw�OtiEj ,. •. - _ .1a 1EANOUT - 21v SMN - MT-- KA Rp (ME SPECS) gicwC.uLCN MAM.AL —bon t _ e_� .* t 1 i t �m 3E67f Ili Ft�llTyrl ! o rt +ev maAulrz ors - Ni f -£ ' - -AMN GRONUFV 9v M[ C rr Or fC11r COLuxs RIANSPORT AND O>i f m-r ( do nm ]e [� t/Y� o x'Mn) — PLACEMENT er caVRACrM. 'Rx WE $VCCInCAr MS) mc. TT 1 r 4 s ['erf 6r !61 m00�1G-SEphT l Gu(il 0 Ry5'� ]1 PMA WIS PrAC[p S.LS@T lj x bAGWt uuLx .4G5 M� A s -] RTA W 31Y u.5' s u,B 10-PUA 11-R.5 /� V V BVUIaExS (Bull sAM5101E)' 9]E' ]x' L Y z� v �Z n CSA -' 3-CSA NEr r visas N rD ]o' ]-wA _ I= 10_pQl -PCC ODLLOERS (85 5T.) uwER ..-.1(WE OMDAG. DRANADE f EROMON CON'D [ol �U HARMONY ROAD "S I A DRAIN wlayEN1 AND C,EANar LOCArONS I I I Noxrn I D 1o' V gyPAsAPE PLAN - EAST Am" Print Dote:08-01-11 Sheet Revisions Colorado Deportment File Nome: Scale: Date: Commems Init. 0 OB-22-11 CITY COMMENTS of Tronsportolion Cltyo( FOrtHoriz. CollinstJl � As Constructed LANDSCAPE Project No./Code No Revisions: PLAN •lane,..nnlna a lend.." emml.Rwlaa DH u$o s..wm S,...r o.y.. co5.-711 M455-091 F •urDen Ml NWwenl • 9ndWI 401 weu MomWn ^wruv 514y1W ru Goan.. COBa5z1 O O ---)!.)T u.; 1.,"D-]Iz6 "rAe; p10-J50-]19e $011Ne0."aA-.. Raviaed: Designer.OH $tIVCtU[G w vmrza.tsez I.exi. vzmzAse:e n-......a.yWe,nln Region 4 LHN rvlc .K Co. Ivm) nl-e.Ds Detailer: OH Numbers void: Sheet Subset: LnND Subset Sheets: I of 2 Sheet Number 18 1. YE Will ORMAH 9 ER09M CM RLu'S fq UNDER CAAWN µ1LIMEHI ND EICMWI L Andi 5. Al RNI OUTFITSµ SMALL MEET $KCYICAIICNS OF MC MERICAN ASSMAMNI H NM RMEN (AM) FOR .RA BETS FAD q.1CC. S NO TREES TO BE BALLED & WRL• 0 SHRUBS AND TREES ARE 10 BE IRRICAi SURE AN AUTOWAIIC MIR IISRILAIIM SYSTEM. Ai PERENNIALS ME O "ENTµ PASSES SHx1 SP BE EXTRA ED SPRAY IRRIGATED SHRUB RAYSM S ALL MOT SE PRAY MR S. ALL RAGA TON WALL 9C INSTALLED IN ACCORDANCE WITH THE APPROKD INFICATNONS PLANS THE INUTCATIM SYSTEM SMALL BE DCSgfd TO MEET ME WATER REWREMI OR ME NOXYDNAL RANT LATERAL 6. IMOWARE CONTRACTOR SHALL ENSURE THAT ME LANDSCAPE PUN IS C"DNATED SURE ME ALMS DOME Y OTHER C STR R SO THAT MC PRgOYD MADNG STORM DRxxAGE M OMER CONSTRUCT ON DOES NOT CddUCT NEW RRECLINE x5T`LUTM AND MAINTENANCE OFLMOSCAPE ELEMENTS q S PLAN. E. PI[LD LOCATE ALL UnU S INTER TO MY dcgrvL OPERAnpIS. e UMERM"O UTUMS OMADEO MINI LANDSCAPE INSrALLAnN SHALL W RENAMED AT THE LANDSCAPE COMM ALI E... 9. ME Sa N Au WOSCAPE AREAS SMALL BE LOOSENED TO A DER. CisAND LESS MAN Eiii (B) INEEs ME 5pL A ENT SMALL BEMR[ LY WCPN PIED W TO ME OM LMp$N CE AREA tO A DEPTH OE NO LESS MAN So, (6) INCHES BY REWG OW OTHER SUNIAWE MEMW. SRI $OE MEN ENT SHALL BE ACCOMMODATE() AT A M«YUM RATE OR THREE (B) LVE.0 YARDS PEN ONE THOUSAND (I..) SA NE FEET UNDRAPE AREA. YE STACtlMAnRAS FOR SON. AMENDMENTS Is PLANT WELCOME 1DA. ALL MEANS MULL NA= to BE CITY OR FORT COLLINS STANDARD Woad CHIPPER MULCH LL . 10.e. AMILES To BE MAN A FOUR INCH (•) LAYER WOW CHIPPER MULCH LNM NO rcD BAR IMR OAR ROat BALL. IO.C. ALL SHRUB AND PERENNIAL BEDS TO BE MULCHED SUM A POUR INCH (i) LAYER OF x D CHIPPER MULCH OAR NO HEED BNRIER, JO.D. N-ORLAMC MULCH SHALL H A WY THEME (.l) INCHES t0 5x (6) INGES, TAN WASHED RILEN ROd. THREE (3) INCHES MINIMUM DEPTH OAR WED BMR[R, C LE uLEp SMALL MEET [LUSH At yLASH BE"M A COITE IE. ALL eLVIMRS ME to BE BUF BARACE VE RM BP S AT FATUITY DOA (EA) THCMS SUM A TRENIY r. (EA) IxCRES LENCM MB vMY EIW RN 110) INCHES 10 IWXi FOUR (E•) THREES IN WBpt SUER WNWUu SMI Yf BOULDERS CIA (6) INCHES ONTO FRESH MAR. 13 Mc ME SALNorREMOM(M THE PLANS MAT ME DSNRBED BY CPSTRUCIIq OPERATIONS SMALL BE ffECED TO BETTER MAN EeSTWI CMNI «. ALLSTRUCTURESMaEXTENT L YAPRC LOCATED'.. ME 4R DISTANCE UYHNT SHµL BE RESTRICTED THRI (SEE INCHES MD CANOPY TREES SHALL H PRUED M MAT ME LOWEST PMCWES SEAM AT STAN (E) FEET ABOA nWSH qAH, 15 ALL PROJECT LANDSCAPE SHALL BE MAINTAINED BY THE CONRACIOR THROUGH wBSTMnµ CWREni ME CITY O DEBT COLLINS MLL MAINTAIN ME PROJECT LANDSCAPE AFTER SAUD AL CWPLEMON 10 ME PLANT M MMTY MINI BE MO (E) FEARS FROM DNE CD SUBSTANnµCM0.W. LETIALL PLANTS MAT EC OR Ass AUDIENCE SMALL BE FIROIPTLY REPLACED BY ME CONTRACTOR 11, A PERMIT MUST WE OBTAINED PW THE CITY FORESTER OEFME ANY MESS M SHRUBS NOME M MIS MEAN ARE PLANTED, PRUNED OR REMOLEo. M15 PPMIt SMALL APRROK THE LCLAnOA AMID SPECIES TO BE PLAHTEO. FALPE t0 OBTAIN MIS PERMIT MAY RESULT IN REPLACING q RCLCCAONL REES/LNUBS MD A HOLD N suen"NAL CwPLtnp. LOT ME LANDSCAPE COIMACTOR SMALL CONTACT ME Ott !PESTER TO ASPECT ALL STREET TREE RANONCS f CRLREN OR EACH PHASE OF HHLqupTALL NEES NEm TO HALE BEN WSTAL ED AS MHOWNNMXI LANOYACE FILM APPROVAL OF STREET TALC RANTED 15 RECORDED Wf MAL ME NNI H NO CORM-ESTUIIBMCE ACni OUTSIDE Five VYM EvpAR9 N ME ANNONO RMS, U PLES5 PROTON Ali AWRgµ IS WIT ED FROM THE CITY OF FORT EOLxS PAOECt MANAGER. SO ME COVMACIOR SHALL BE RESXdWsM E FOR ALL MECURED BIRDS 9HN AS SET AND CNSTRLKMYI NNONC P TO MY LAND D$MnMTM ACONnES ALL (TITHED!EROSION CPRO MEASURES SMALL BE CONTROL RO ATgHE OYES xOCATEO (TINE FA SCHEDULE, CNSONCTOR PLANS MD EROWER El WRING CNSTINCON ME COATRACEN SHALL H RESPNVINE FOR MINI AND CNM4UNC N-S12 (]Ol)69E-SS9a. THE Sirqu MANAGEMENT WATER MANAYENT PLAN, AND THE CORE. CNIAN, EE. EAISNG STWM MAIN INLETS Mmm AND ADJACENT EO ME PROJECT v2 SMALL BE FROTECTED. AS NEEDED. ONUS$ Om WY ARFDAED BY ME OEY OF CHUMS N. EJ. E CNIRACIOR SMALL IMVCOAIElr HUOAE CNSIRUCTFN MATERlµ. WCLIRYNC War NOT LIMITED TO YOIUNI xADHRTENRY HPW, TED (SAEYSIAL SMICEFS. vHWALINS. OR OTHER FUSC TpI-01 WAYS UY BY M SEARS R BYAIMTE G STREVUS CD C MpbUNL 0 rAND WXEJnAAYS ME TREE OFM A. MINI CSIRVMN CMATERALS AND WE TO FAUSUE•. SmPTS ADACNT to THE caslRLICIIN AREA SHAM H CLERAM OF UMS GENERATED BY THE PROECT ME PROJECT MC CITY$ STREET DEPARTMENT CAN SWEEP ME STREET AT AN HOUPPLY AN, R 510 (ME MINI ON CMNCE IS TW HOURS (SI.0). ME CONTRACTOR MUST SIGN A CONTRACT W M ME OIY SMEET DERNMENT PRIM M REWESTRG STREET SvEI IF THE STREET ME NOT CLEARED BY ME CNmRCFq AFTER A E• HOUR NONCE FRN ME OEYS PROJECT REPREYNTADLE, ME PROJECT REPREYNTATA MULL IAW ME OTY SHAH DEPMMENT SHP THE AFFECTED AREAS At A COSY O SMXN0V , ME MINIMUM FOR ON ONCENT RESPONSE IS FIBER (•) "CARDS ($E60), ME CMACTOR MBE BAG-NMfm FOR ME EXPENSES AWRREO. E5 ME FHL(MNL YPARAnNS SMALL BE PRONDDi BEIMEN MCES/S9 S AND TONI A FORTV JQU FEET HMEN CANORY NEES RIq STREET ALIGHTS: B. Mi (15) FEET HMCEH (MIAUNtµ NEES MO STREET L TS. C. YEN (10) FEET BETWEEN TREES MO WA2R OR %WETS LINES 0. FO (•) REt BETWEEN SNALUES N0 LATER OR YNER LINES. IS, FXC SAX.TdA TOPUN SB, BvvC 9II. E•' L M Ei Y xr1pM1 vNµS Ei 10 JO' e WMANNO Mort RE; To Ie lq IX AT Wp SC(P YQIN, YI gRBC i HLA Y.W1. INS R WOWJ4 MWHM MglEplµ. vNYNG IqS Hiv(p AR IHN INIVE6 Lv. W A' rP AT ENTER SIR TO ..ES W 9.qC M IB TO I BORDERS r to e' _ Na M ITS[[ p gORNC EAC BCAHW BELOW PM[ AR, ME xxen ilw[Lx.aR w[I TO 1Xicl NOT. AT IN91[ wn[x[MR - POSSIBLE — _ — ALEORPxET�fa IB y` SPE011E0 R-PCD (ROOM) M1Lq CARREEB BNBILR rABMt CEWWC! fIL BELOW LTIMS E GA. CAN WIDE (FAST OCxttx1 Y BOULDER, uLON COMMuARRIµ (DOEu p EEO N1M' STRAPS 4 ExPALPAG WIN2) — " PEEP xOy YALE RwC T. SILL 1-PESTS Y[ SLx[CHn KATE A uxuuu R B IN - t I ) ORRuNH Ei)INNY MO iuirei sBW wlvo[ R NIMor cl WR -; : a .i,�".{= 1 I DU BEPE .AABLIORIG mLp N. TOM Ax sc. [ xOTEa) II .S ALE ABODE FASTMMOMS Ias.NY FP IVY SUPPORT II _ ,.WARM LEER (oWF Ix LAM AREAS) -M-h PERSPECTIVE - wi TZET FALL � �I - \ wBBa.cL axxcTE ILA IBhnNnCROM x'PLACE. mA9xAII OF .nE [AVIxG M.I MORE —�- II l i�R' O.E)ENACTS eawP(51 (WERE ARPUCAH[). 1vA¢ MANIN —N.M..A 10 A—E A 4u'A.—Y M A METTLE AMPS AIv ...I'S A TRIEF, PLANTING DETAIL ¢u[xlIII . YI SNUB PLw6 NOT" DO NOT MANY PRUNE SHRUB AT VlA(L rgMH51 tR[fl ° "OAT ESL• OEAO w D.C. INAN[M[S FORM IS oWPNCMe[o a. PWNnc. . uT T�R vmnALL ,c . PLACE SLAIN ..i u.0 4 T fu ° HV AMN —C. vlx4 J' IN • rvp HARP SAUS .., n....... ., �CLA ........ [prvW INARDRA. NO vE[0 ITS IxY w.) _ _ _W' `REUDN CWTAwA (IKLYpxG MMAANOR mqW AL _ IBP [WTAINEFS). BA.ElS. YT x01FUGH AMLY [OR WF' ETC rR xG MW�LILL PE:i1ti JI II 'eWROT U. FRI ssAOE SPIT M OFF RON uARf1 .11 A1q A FULL p UHMFNASU BN . IA. P U. E[ YTOiu[xT xi SHRUB PLANTING DETAIL vil OM .A f MIANWM si,ow UNLESS WRE SE S PLAN OOWRW Q IIFIO MOLM (D A WOOD RAIN OVEN LAB ITS DMMIN (D eiIIm EACAML MIA WITH SPECPRED FERTILIZER APPLICATION FULL OVER 1P R RLONALL © IMOSNRUB ..APE a ORNAMENTAL GRASS & PERENNIAL PLANTING DETAIL /D BOULDER PLACEMENT _ 1 uu C 6 1fp OC Sq[A p NAIFP ttN11. M1ACfD MKR RlN 05a SUCH $PACNL) AT OA. yR LINE A TEE uF1MM ILL uAMNAL SAC ryION n UNDERDRAIN CLEANOUT DETAIL .PPrwwMO x.E NHWORAIx R.wm naW 1. Print Date:De-DI-n Q Q Q Q Sheet Revisions Colorado Deportment Cry of of Transportation Fort Whns )f)T' uz0 s.m.a Sb«M / .A .1y -,e Bo651 "BRA 91a-D50-E1os --- 9zo-B50-v9B c'eY P1 Fm c«A.. ��j®� Eel FDA, Cuiap• ANnile (91 WIInA,Co. Region 4 LHN (9Eo) m-b60s As Constructed LANDSCAPE DETAILS Project No./Code File Nome: Date: Comments Irlit. No Revisions: M455-091 OB-22-11 CITY COMMENT$ DH Hari, Scale: • Lnl'EMNInb As lendiii rchitecture• Bn W en 9 urwnaeW) uwmem • EetWr1 A1dnIWlAvelue SItlM t[a fm CNn. C000531 W OEtBY.lrz NMY mozase9e WWF.MweaRAnmP Revised: Designer: DH Structure Numbers Deloiler: DH Voltl: Sneet NUmDer 19 Sheet Subset: LAND Subset SbeetS: 2 of 2 (11I<ttl dal TUN PLAN - W E'.51 .m CONSTRUCTION NOTES C) ;- RACGIwN srslI- Paxl-Or-wuu[LImN (NEE) I.' BI to THE NEW TAP oN THE 2G-wC8 WATER WIN LOCATED ON (MAY AXENU CITY ION WATERETAP x[THE CNO'T ROPOLSNALL EXCAVATE THE 0-INCH END 1.1 INSIALI THE TIE [R WATER O TRENCH !OR µl PIPES PER EQUIPMENT FO FORT MIn THE TAP. WS ALLECI WATLOW MEIEP R[T CITYBE FI EED WINCE SI.H..RAN Bµ 1. EPMxI(R TO BE %ICED WT WI OF THE MEPRE AND FWMAr. v[Pry [YCr (CGIIOu or PoC wnx Mx[R's uERRSExIA1M. (p� PECEnN 4'Oxl 1.1 IRRIGATION CBNRp1ER At THE AWIp.uAl Lood"N KNOWN CKgMI[ ELECTRICAL FEWER TO THE COW. ER U. Ix[ OW[P'S Ff➢FESENTOTAE WR sMPRD BELATE EN IO WST.. THE WTGIRTA CWTR0.TIX IN A LCGIONA 1.1 IS ACCESSIBLE Hot WNIEµN{E DW LBURipjD TIOx t0 BE ApBY OWNER'S YdMEYN1AINE Cl)iNCOMNIwOSEPpE�u cu n. wsuLLT.Oi SOHMAA9 HARMONY ROAD Date: Comments Init. of Transportotion lOT 'll, 1- M.i50-21Cs C� --- FAX O 970-350-219B O I Region 4 LHN ��ort��MAI COvuT OH GeI1n. 2B1 LW,P, Anu wl CWv OR n (9]Oj 221-G605 INSTALLATION GENERAL NOTES IRRIGATION LEGEND I. READ ZwAQAAALF AND BECAME rµRNR nlx IRO SKCTOOTEM AND INSTALLATION DnNLD FOR THIS ABUT RELIm.ORN PPIOR 10 CONSTRUCTION ® XEw SL(M5: SCNEDAI AD PNO ]. COJROIwTL Ullln LCGI[s nCALL SOMIl ME EXTj W -Wxu E PP('. CLASS ]M UNDERCFpUND UTILITIES PRYF 10 CONSTALCIRM. 1.]-PION SIZE UNLESS 01NER YNE INOCAIED S W NOT PROCEED WITH THE INSTALLATION OF THE IRfiuxW SYSTEM uRML PIP, To NINI-SOURCE [MILLERS OF RADUTnN RESISTANT WHEN IT IS ONCOUS IN THE FIELD THAT DBSIRUCTgxS OR GRACE POLYETHYLENE ! A -INCH SIZE, ROUTING IS DAGPANWTIC DIPMENCEs EXIST THAT Mwxl NOT PURE KIN CONLDERED IN 1XE ENGINCLRWO. I MISCRLPµCI[S IN CONSTRUCTOR CETUIS. IMENO, UIfAw IRE HUMP IO RIF FOUG S: CUSS 1W I OR SPLCUICAIKKS ARE DDEMERLD, MING ALL sue 1- Cx UNLESS OTHERWISE NOTED OOZES. B51RIRIONS OR DOCEUMICIs To THE A11ENIbN 01 THE aIRKI BEPRESLNTATM. URCOxxELTLD MR[ CROSSING A THE OL.wwGS AM W4ULWIC, THEREFORE. THE MEMP NIG PAINT-M-O NN[CIM ASSEMBLY SHOULD BE rgTEO. Z .1. PRMNIpx AssEM84c N.a]s-SEA HTxg1Gx riRGMN COMPONENTS WY BE BROWN WISRIf NULL. AREAS FOR CIKO, MET. IDLNSI[P vµY( ASYTgLY: RV.OPD H& 1-NCR SIZERRGATW Re" AXp wMM IN LNpsCAgD AREAS Ppi=. E RDN SENSOR ASSEMBLY: TURN MR0 ISIWB B. IR(L Ax0. L.00FAS AS . be LANDSCAPE N ISp.AMx UI[ vµK AISEL@LY PLM WE PRECEDENCE MR MW FOR EQUIPMENT 'CUIOxs AWm CoxrUCrs KELLEN THE I DUSK CouvuxG VALVE A5ssM9LY rRRIGTCN SYSTEM, PLNONG WILRWs. AND ISNOLCTURAL rGIUPES. !ti RMLIC CONTROL VALVE ASS(MTLY FOR BUBBLER LATERALS MIXBIPp PER (SIZED PER %AM) . ELSE DAILY SUNDIAL LEES AND RBOw FITTINGS USE OF C CROSS M1P( IInNCs Is b1 ALLOWED. ® REMOTE CONTROL VALVE ASSEMBLY FOR ORW: RAINBIRD XCZ-ICO-B-COM ®'L MUSN GR ASSME, 5. P0.WE OFF NLWWING COTN'gI TO THE OWNER RRCR 10 TC CpVLETW D, IRO ATEREV. ID IRRGIOx CMIRpLLP UNIT: MNIPCUER A "'I" µBRD ESR-rnnE! WITH LSFLMSMI] MLM1(: LAWY[lu GANNET MORN uWYLD PENSTAL I]KGCM CnLNR A TWO (ZI CP(PAING NM !W LION M1P[ M REµ 2OP[L1m VUVts. CCwLM T. GRO AIO KKNTANIEP O EAIEPW AMEAM, AMC, WRi RAR1 Ax0 FREEZE SEMpI: 5 NEW ST.. B. OR IRRIGATION COMRA[10R 5 RESPDXL&E 100 THE Re.. • seethe ASYMOLY Rww&PD 1A01 SERIES W RCOPWAIERxG SYSTEM or IPPGIIOX Sl(( WIRE..1. SLEMS APE BEgREO FOR WIN PANG AND ELECTRICAL WRING AI MR W.Iq'iLW[ PR65URE UO No It. O.ZS GRU CROSSING CWPONAIE WSIALUTRA or SLI(NXG WITH D1YSR WgG1L5 NEw STAPLER ON TITHING CMTROLLER TRADES a 1•-IXOIGICS -IXOICAIIS UIIRµ DBOLURGI MR) 1. RECTALL 4L ELECTRICAL POWER ro IRO IRRIGATION CONTROL SYSTEM In MCCOEHARGEUFATIC i H TOPIC uiCIM1 ELLp[sS CODE AND µ1 VHV[ LZC (INCHES) B THE FOLLONAUG SHOULD BE NOTED R[WRCYG PIE SIZING. C A G ��IMIGI[S NM'1 APPLIIIW R OLD -OUBBIIRS. CRP, TURF) SECTOR Or TOPPED PIPE5 M RICO nLLX ONE IIXMCNLY (12-NCH PRIOR IgGHI ON TURF AFpLIGIgX51 SIZED SECIONS, IRE WSIZED RR IS THE SWf R. PAMYRL Se' AS INL M1O .1. SEV. THE ImS1]m RF( SxW 2UNOT WE CONr15ED WITH THE OKARAT PR bel MrtD IN IRE LEGEND, 10 MIµ1 . (]) f IA AXG CYx11pL ARE, r1pM COx11pLLP LEGION IO fA[x G(AD-LM OF xuxalE FOR USE At SPARES A OF COX@0. ARE IARURE Cou 2 FIT Or AIR Ix IRM 11 YET BERRI SLEMS ABC to BE BORED PER CITY sTµOG REDS As Constructed EAST HARMONY ROAD IRRIGATION PLAN Project No./code NO Revisions : M455-091 Revised. Desiq,W,:EWP Structure Numbers 16603 Detailer: EWP v..., Seeel Number 20 Sheet Subset: IRRIGATION I Subsel Sheets: 1 b1 2 r 56. Wl p Gv.Viwt. R-] PR9fi Y[.RN MHxnA n. L R4uxm lloll iiu[k�s �Sloruwwiw�ylwl Nx WCMif wd. .- x[3 uW[. xw' "Amb, me Iw�asun lucx LIXI -cu x wewwl r w � w �Yx [.W>nxa1L3[op wlM ev wiA n.1 wlRrzR Iwm to wlm e.c.nml en'. .a.¢. a.. w wa¢.c1 .1.... "'a wo mml rml no<a.¢ 1. 9Gn IV W. bI q0. A3 A..I.. wl RS Y(11S .x rtNl.lrc ei Sus I z NW Am.Lml N�.1..p6 ma .. y3ol. nlP. ! ; 1BACKFLOW PREVENTER ASSEMBLY .I CR nix I. . W.[A umm, 1•. i0.wp T.' �l-Nx Nn JR I.a UY[/IV Y u.tx I ' ,FLOW SENSOR ¢mw. ws.rt r¢� �J ASSEMBLY / ' 1 MASTER VALVE �J ASSEMBLY r.4 f4Y/w. W w[x Waut cn.eerc. 1T AT l p.Rir D 1 whin, TL -1. � to wiex KK ID -.I ..em iuu.0 M W¢N It sa.w i-z-mw ¢1.4mp MIT sn �l...I. am. uua .M W4 U. ouax ttWiN wa wx w YR �sl.wass snR Msl tau' 1� [. oe al IOx3 l ll.+Nxvs.o�G.a. ��xl IXorl:1 -�I.m la.m. •Nssl um¢sr xo iul=ri I Mw M 0! i 1 OUICK COUPLING VALVE �x ASSEMBLY __ m+ _ W ll -.x avert �l� 0 Y.BFLR .VSLu81v .-- _ -raw wmni, ill INK 3W r. IR-0R W6n rP1.u�wa �v ��/alai+q 6l¢IM. nla wrai W m i:voapo.`�a'm-.ou .. xmt SKilu ^sI.. em 'Iesi I. :I.a w� .. ..c au mx¢ src � _arze aw.da..wl .... ¢w ___ __ 1 ______ � aA mY/m>..i. 1 tlC3YM v¢n untiu,I..nw _-.w`w.o'.mamma.al� mum l..a ivmm+ul I m.�I.onx a RORA ___________ __ -- - rc p M w in �9.vrXn .F ®� LLVx¢rvwuruu --33/.¢�.m �-� n _ `- rcrw[ �.R P.amw r.rix Lwtt .. wN.uwm� •••• \ Ase, 1\ o l miw unAu m �m me LMI. an IRSrn ro v.mrxlml IT— Lw.sw3.. N m..,ar �.. om.m¢ w �� I E 1 REMOTE CONTROL BUBBLER / g 1 ROOT WATERING SYSTEM ( ' , REMOTE CONTROL DRIP ( o \SINGLE OUTLET DRIP VALVE ASSEMBLY WITH BUBBLER ASSEMBLY �J VALVE ASSEMBLY EMITTER ASSEMBLY A_ Am mID.l-vex..rAmIII- er aM1R3 1W ..5Is 1. 1. e(f.P[eS ..m ...SSuil 1... 1.ry im u`.1 wo(.. . 1w 1.1 sRnW. u a wlu.4 1. ammNl0ll to i.l...«.lm ... V.¢1 urcn / n DRIP INDICATOR ASSEMBLY n.. 1 Iln. mRo no I'm x- rwm itisi a .max � o.e mews 101. paw.w.o bYT.M 1/4-WI � m1.1 m11 Ur-Nx sm urtw R. nrz: 3/4-.x 1o..1s9fw I. aIii mi 111list wsc< ¢N u...11lm. u..a1 m Am ( .n FLUSH UNIT ASSEMBLY y (POINT SORC UE ONLY) ill T 1Y m ¢ S.M1 ... S..a n..� �lw.1�... sm.� enob, .sY¢.. mlrt llM .[rw .All 1. r. 1¢i iwN3 LMnA A. .. to waew..R Vas' ..1 c.a -1 r..e. mwl. Print D.Ia:0e/25/2011 O Q I heet Revisions Colorado Department otyef of Transportation Fort Collins. flT a .g co � 1420 k a�, 3,,lm �-- r to-dsa2f Oe ol. al rm, cww. �.`n10-vo-zl9s zelw am. ....,,,. �• rm c. co Region 4 LHN Islo1 zn-seas As Constructed EAST HARMONY ROAD IRRIGATION DE VAILS Project No./Code File Name:IR- HARMONY-LEMAY MEDIAN.DWG Date: Comments Inil. Na Revisions: Mass-ost Haiti, Scaie:SEE PLANS Revised: Designer. EWP Structure Numbers 16603 Delnile.: EWP MEfNR¢11411L11lfLL! AIf{ �� Vaid: Sheet Number 21 Sheet Subset: IRRIGATION I Subset Steels: 2 of 2 ¢ 6 N =S O xo�a fNDRIH RIGHT Or WAY HARMONY ROAD: PLAT Or COUG14T OF PARK '_'_'----------_-- EAST HARMONY ROAD 1+00 2+00 3+00 4+00 v STORY � PROTECT IN IN RACE ¢ / C0V ~ 1ECf N PUCE J d REMOJAL Or INLET Z ELECTRIC f1pP�E t f 1 ( `SOUTH RIGHT Of WAY HARMONY ROAD: 4 PLAT OF OAKRIDGE BLOCK ONE P.0.0. 3 EIRST TILING !4! REC. NO. 9304153 f � � Print Date: Ds zl. TT Sheet Revisions Colorado Department rue Name:utPloi.aw Cltyu( As Constructed EAST HARMONY ROAD Project No./Code Data: Comment, mn. of Trans ortation FortCothns Horiz. Scale: AS SHOWN Vert. Scale: o __ or Lxwa.e,cw.., Na Rea;,;an,: UTILITY RELOCATION PLAN Aoe p455-091 aevv orc eau.r.®, wrz:mw r' sd,;, Designer MJB n:r m ro,. cor . Revi,ed: 9n Structure 16603 ..s,,... aw.e aaa.. ..:v o rAr: vzo-T,o-xzve zeL r coq A— Number, O rs: c . co. Detoibr. JAC 5 Region 4 LHN Lvrot xxi-eeo, Void: Snee! Subset: Utilities Sld,et 5beeta: UTOt o1 S sheet Number 22 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 parry 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 N o�w ORTH RIGHT OF WAY HARMONY ROAD: fPLAIOF COURTNEY PARK — EAST HARMONY ROAD n d + 5+00 6+00 7+00 8+00 9+00 10+00 a € u�i i w a z 1 � x I 1 r d = i — c — — — — — — — — — — — — SOUTH RIGHT OF WAY HARMONY ROAD: — i PLAT OF OAKRIDGE BLOCK ONE P.U.D. FIRST FILING REC, NO. 9304153 i S 4{it jf{ Et Ig9 \ A Print Date: 08 25 11 Sheet Revisions Colorado Department of Tran9 ortation �p� I.zo .a men _____ nee..: wo-ssoam -'Al:vlo-]e Ctyor FOrt COIIInS /f� cur .t r-1 c.w. As Constructed EAST UTILITY HARMONY ROAD RELOCATION PLAN Project No./Code @@f File Name: Utp102.dw Date: Comments 1 Init. No Revisions: AQC M455-091 1 Horiz. Scale: AS SHOWN Vert. Scale: sea. all a sun Revised: Designer: MJB Structure 16603 Oetoiler: JAC Numpere cae..aa v:w<e. co e.ln 11-11. " r.ee: s.1 za-zve ��® Ins, ]el K Caw.. wwv:. rat c. C.. Sheet SubseU Utilities Subset Sheets: UT02 of 3 Sheet Number 23 .. I apes ..........tt .... Region 4 LHN CIA z21-se.s Void: ------------ w � Z N r a y\ � t I J 1D ze ed of / p\ I SIDW PROTECT In %{pp PARKWOOD LAKE BURIED ELECTRIC (BY OM[IVS) :LOCATE IRRIGATION UNE N OTHERS) rRELOCATE IRRIGATION v&W (BY OTHERS) LEGEND _-- TOP or CUT PARKWOOD PROPERTY OWNERS --- TOE Or FILL ASSOCIA70N BOOK 1707 PAGE 022 W uCE � \ ' I �n�h�`lE� �/ RESET �>,- - R�L BOY WTI PROPoSED RpY (BY (ce) Daza OPTIC PROTECT IN RACE CITY ORT COLLINS \ RELOCATE IRRIGATION LINE _ OF WAY �\ (BY OTHERS) OK I821 PAGE 220 RELOCATE INLET BURIED ELECTRIC PROTECT IN \ (BY OTHERS) FIRST CHRISTIAN CHURCH PUD BOOK 2103 PAGE 245 WARRANTY DEED: BOOK 1771 PAGE 216 0 File Nome:UlDS Date: Comments mit. `P"u """" Citror of Trans ortation FortColUns w••I•r. CD eo63l __ or 14z0 s•.om se••1 r•�r� — __ o : mo-a o-vzs cnr or rw, c.m• rAx: woasD-mve $e F- Cdlp Cow• Region 4 LHN IvraJ uYeeos As Constructed EAST DRAKE ROAD UTILITY RELOCATION PLAN Project No./Code SHOWN Hari:. Scale: AS SHOWN Vert. Scale: p N0 Revisions: AOC M455-091 s6vv DTc eo u..w, su.nmw 6 a1. v muse co soul ,omaziaeov 1. 102M-1111 j a S ••'. � Revised: Designer: IAJB Structure Numbers 16603 O O void: Detailar. JAC sHeet Number 24 Shoat Subset: uuucee Sub6tl Sheets: UT03 of 3 1+00 W WZ } Q J EffT LAIE u0 xDt MUST N 11\\\\\\\\\\ ENTER T(iN LEFT E T R]-RL JONW / n o o DEuSTOP U2+ WE IB• S O WHITEM ARRJY/TE _----_— —_— __—_—_—_g.__ tS n 3_ 3+00 wu 8'SOUDZNC NNE Z V D w ME 4+00 Y2 — — ` PAV£NENi ARROW 0WHI1E w Z_ EAST HARM�Y RDAD — J x U 00YIEATOR (REMOVE) Q N po io o .R E '� RIGHT VANE elx'smm � eNsyse,zv SPEED anw LIMIT t 50 € 0000 e RESET O FOR REFERENCE ONLY 7HE CRY OF FOR CO[UNS WILL RESET GROUND SIGNS AND PV FOAL STRIPING. e Print Dote: 08 is/TT Sheet Revisions Colorado Department cltyor As Constructed EAST HARMONY ROAD Project No File Nome: se IDl.dw Dala: Comments Df Trans ortotion FprtC011lil5 SIGNING AND STRIPING PLAN AEC M455-091 Horiz. Scale:AS SHOWN Vert. Scale: -- i)r upos.00 se.a No Revisions: W.N.Y. c0 !Sell esvo ore eou,er..o, suruse _ Pnor•: Rvo-uo-vp° nb m Fe.� cNW. Revisetl: Designer: MJe Structure 16603 s..e..000 wu.oe, co Soul Fuc vzoasp-else pal N cal.R. A..m. Numbers PxC.F. eoo-....Res. Fon coI", c.. Detai er. JAC r ...uusa�ulm�:i A ( W . Region 4 LHN mroI ppI-!see Void: Sheet Subset Si9nsvipe Subset sheete: SSDI of < Sheet Number Z N 30.0 Lemay Avenue NEXT SIGNAL i EAST HARMONY ROAD 3 + _ _ 5+00 6+00 7+00 8+00 — 9+00— — -f0+OO Q — — CHANNEIJbNG LINE Q < - 8' SOLD "IFE C I EDGE LINE W REMOVE CONRCTWD REW2 CONELCTRlG 1' $OLW YELLW/ PAVEMENT WIRKINGS z DELINEATOR (REMOVE) PAVEMENT MMMINGS _ + Q 3 LET LANE BEGIN FT s Re-7 O RIGHT TURNLANE TLFIN xe xw' ` R3-7L' R]xw 041-x YIELD TO BIKES OO te'XIB' FOR REFERENCE ONLY THE CITY OF PORT CauNs Ma RESET eRIwNO SONS AND PULE hLLL S NG. PriFile Date: o. zs ll Sheet Revisions Colorado Department cm t of Trone Of.0sa,, FortColllns or „. v.c,,ee,,, �-h. c..wr. w eosn °^°"•' Sze-use-e'ze As Constructed EAST SIGNING HARMONY ROAD AND STRIPING PLAN Project No./Code File Neme: se lo2.aw Dote: Comments Init. Horii. Scale: AS SHOWN Vert. stele: O No Revisions: qoe M455-091 eaco me m..z...o, I1, sticafus O c.zI saewmo �iw<e ca eom r.o.o m.zzLn>e O��� — —_ cu Yw1 tom. RAK: s7o-aso-zlae r o� zeval Revised: Designer. MJB Structure 16603 aM.. — —G1 w _ u.�zoN-zNi-�vI ' ' O ctiw� cow Region 4 LHN (970) 331-ee05 void: Detoilor: JAC Number sheet Nembe. Qg sneer Subset Sign slr;pe I see:et sneer:: sso2 0l a ` f e FOR REFERENCE ONLY THE rnr or cart cowHs WtL KSET (MtJw ViM MD % E Fll E s 111G. Print Dote; 08 zs t1 0 0 Q Sheet Revisions Colorado Department of Trans ortotion w.wr. co eosM -- t)% 1420 seers _ _ vn...: ezo-sso-aze - r.w: wo-sso-ass Region 4 LHN City FprtCollins ap ,r re,� caw. veiw� ca.: cod w am-e... As Constructed EAST DRAKE ROAD SIGNING AND STRIPING PLAN Project No./Code E File Names ioa.tlw Data: Comments mn, No Revisions: Aoc Mass-ost ! Horix. Scale: AS SHOWN Vert. Scale: eevo arc seaerw, sure miw ca...or n.�.e. co eons { emx[>wszi-zeoo ..4: o::.��_:. ks Revisetl: Designer: MJB Structure 16603 Oetailer. JAC Numbers Void: Sheet Nan,ber 27 sneer Subset; sign Stripe Subset snmle: sso} of n TRAFFIC SIGNING AND PAVEMENT MARKING CONSTRUCTION NOTES' 1. ALL SIGNAGE AND MARKING IS SUBJECT TO THE GENERAL NOTES OF THESE PLANS. AS WELL AS THE TRAFFIC SIGNING AND MARKING CONSTRUCTION NOTES LISTED HERE. 2. ALL SYMBOLS. INCLUDING ARROWS, ONLYS,CROSSWALKS, STOP BARS, ETC. SHALL BE PRE -FORMED THERMOPLASTIC. 3. ALL SIGNAGE SHALL BE PER LOCAL ENTITY STANDARDS AND TH ESE PLANS OR AS OTHERWISE SPECIFIED IN MUTCO, 4. ALL LANE LINES FOR ASPHALT PAVEMENT SHALL RECEIVE TWO COATS OF PAVEMENT MARKING PAINT(WATERBORNE) WITH GLASS BEADS. 5, PRIOR TO PERMANENT INSTALLATION OF TRAFFIC STRIPING AND SYMBOLS, THE CONTRACTOR SHALL PLACE TEMPORARY TABS OR TAPE DEPICTING ALIGNMENT AND PLACEMENT OF THE SAME. THEIR PLACEMENT SHALL BE APPROVED BY THE LOCAL ENTITY ENGINEER PRIOR TO PERMANENT WSTALLATION OF STRIPING AND SYMBOLS. S. PRE -FORMED THERMOPLASTIC APPLICATIONS SHALL BE AS SPECIFIED IN THESE PLANS ANDIOR THE LARIMER COUNTY URBAN AREA STREET STANDARDS. 1. ALL SURFACES SHALL BE THOROUGHLY CLEANED PRIOR TO INSTALLATION OF STRIPING OR MARKINGS. S. ALL SIGN POSTS SHALL UTILIZE BREAK -AWAY ASSEMBLIES AND FASTENERS PER THE STANDARDS. B. A FIELD INSPECTION OF LOCATION AND INSTALLATION OF ALL SIGNS SHALL BE PERFORMED BY THE LOCAL ENTITY ENGINEER, 10. THE CONTRACTOR INSTALLING SIGNS SHALL BE RESPONSIBLE FOR LOCATING AND PROTECTING ALL UNDERGROUND UTILITIES. 11, SPECIAL CARE SHALL BE TAKEN IN SIGN LOCATION TO ENSURE AN UNOBSTRUCTED VIEW OF EACH SIGN, 12. SIGNAGE AND STRIPING HAS BEEN DETERMINED BY INFORMATION AVAILABLE AT THE TIME OF REVIEW. 13, SLEEVES FOR SIGN POSTS SHALL BE REQUIRED FOR USE IN ISLAND&MEDIANS. 14, THE CONTRACTOR SHALL ACQUIRE A CITY TRAFFIC CONTROL PERMIT PRIOR TO INSTALLATION OF ANY SIGNS. 15. CONTRACTOR IS RESPONSIBLE FOR THE REMOVAL AND RELOCATION OF ALL EXISTING TRAFFIC SIGNS ON PUBLIC ROW AFFECTED BY THE PROJECT. IS. ALL STANDARD CONTROL AND STREET NAME SIGNS ARE TO BE FABRICATED ON O.OM!i052 H �ODIZEO ALUMINUM BLANKS WITH STANDARD RADIUS CORNERS. 17. ALL SIGNS SHALL BE FABRICATED WITH NEW MATERIALS. USED OR RECONDITIONED SIGN BLANKS, OUTDATED SHEETING, ANDIOR PRECUT LETTERS OR NUMBERS SHALL NOT BE USED. 18. CONFLICTING PAVEMENT MARKINGS SMALL BE REMOVED BY CONTRACTOR AS DIRECTED BY THE LOCAL ENTITY ENGINEER. QUANTITIES FOR REMOVAL OF PAVEMENT MARKING TABULATED IN THE PLANS ARE FOR INFORMATION ONLY. REMOVAL OF PAVEMENT MARKINGS WILL NOT BE MEASURED OR PAID FOR SEPARATELY BUT SHALL BE { INCIDENTAL TO THE PROJECT, i t e i f i d R Y f f f j t f F FOR REFERENCE ONLY ME CRY OF FM COLLINS WILL RESET CRWND SONS e AND RILE RtML STRING. Print Data: 08 25 11 Sheet Revisions Colorado Department of Trans ortation Fo`rtCollins As Constructed NOTES AND TABULATIONS Project No./Code j f File Name;SstabOl.d. f Horiz. Scale: AS SHOWN Vert, scale: Date: Comments Init. not M455-091 p eeco oTc eo4e..4, sal. Tom a.•wr. co emv -- or ,,,as,.,.4,a,,, ��f�- ft— e)0-]50-212fi cnr or Fu.r teen. FAY: sloaso-mee 2Iln . Na Revisions: SIGNING AND STRIPING PLAN O offuss4eN.000 vnu•.. co eow exoxe. ]w-zzna]o Revised: Designer. MJB Structure 16603 O Designer JAB I aLES' 1 x u5]x .41-�]]' O CNxv, Co Region 4 LHN (w0) 221-eee5 Void: Numbers sneer Namber 28 Sheet Subset.Sign Stripe Subset sheets: SS04 o1 4 g 4996 -40 0 40 2+75 996 4996 4922 -40 0 40 2+50 ! R 4996 or 3 a R r -4o a 40 7 2+25 fi 4992 4991 aI i 4BB6 4M 5 4984 4984 a 0 f� 2+00 1 e Print Dote:9/24/11 O Q 0 Sheet Revisions Colorado Deportment atyof of Transportation � r _ i0% 1410 Hcw9 svwr G 4.Y I. Ce. CWII . ___ vnw.vvaasvan° chvor rwr C. ru. vvoowalve xsl C.I. ren ce. ce Region 4 LHN 9)m m..eos As Constructed EAST HARMONY ROAD CROSS SECTIONS Project No./Code File Name: rtlno3.a. Dote: commems ide NO Revisions; AOC M455-091 f Horiz. Scale: 1"-T Vert. $Cater j Revised: Designer: JAG Slrucllve 16603 Detaden JAC Numpers WA 0¢ Va.v4 w ID1xi!)f TKINS 9'4,e m�11 r. 90Fmex vain. sneer Namee. 29 sheet S.B.eb xeeatm.e SmRei 9he.1v: XS01 of Iz . 96 q $ .992 —C — — 4992 Lvx � ------------------- _______ -zopx 4966 4984 4984 4 a � 489: t.1>x --- ------- - 4984 $ - 4984 4996 q � 499: 4992 0,6Ix ------------------- ----------- 4906 - _ - -------- — =� 4969 4984 $ 49& O Ox- _�— 4996-21 -40 o 40 3+75 4996 4996 4992 992 4988 4w 49 4964 -4B 0 4B 3+50 1 s 4996 1 1 R 7 -a o 40 i 3+25 a 4996 1 ai S d� F {� -40 0 f 3+00 e Print Dote: 8/24/11 Sheet Revisions Colorado Department OI TfanSDOflaliOntWll�ns ort/+� wxo As Constructed EAST HARMONY ROAD CROSS SECTIONS Project No./Code HFileor NdSca r: 1e , e Horii. Scale: I-=S' Vert Scale: Oct.: Comments Init, No Revisions: 2QT s..am sem ,��` W rhr. Ce. a0a J1 AOC M4$$-091 Revised: Desi ar: 9^ vac so-eclve Numbers j Iwl ma as..4 —_ _�_ �: sro;Jso-lue � .... mo�JJoalw cnr aI FwL caw valrel c`�i.°a, co Ye view nYma2n { ATKINS Sik a Ie: Mai ns Detailer. JAG 16603 t] d p1J1 Region 4 LHN Isom 22, am Void: Sheol Number Sheet Subset: xsectlons Subsel shoal: XS02 of 12 30 4996 _� 'aX 4892 ........._ I,e3x 4992 4989 - -- 49BB 49B1 4984 -140x 4992 49BB 4984 4996 I.SOx 1993 -2. x 49f19 4984 4996 4992 I SOx 4992 1988.—_________ ------- -21 x 19BB 4984 � 49M 4996 -40 0 w 4+75 4995 4996 4992 C 2.)Sf 4992 C 4988 � 49W 4984 4984 w 0 40 4+50 F a 49% 7 1 1 d e -40 0 40 7 4+25 i a f 996 4996 i �d tIf j -40 0 40 g 4+00 a Print Doter8/24/11 Sheet Revisions Colorodo Deportment at9of As Constructed EAST HARMONY ROAD Project No./Code 9 File Name:raaD3Aw Date: Comments Init. of Tronsportotion Fort Collins jHoris. Scale: 1•=5' Vert. Scale: o -6,1211111Lor 1420 rmes 6 No Revision,. CROSS SECTIONS AOC M455-091 O --- a..Nr. c.. e0en one..: eloasomB: cn rai c..'ry Revisee� Dasipner. JAG Slmclure rss: sraosomse r ei 16603 j etp 9rt Beer �. nrmaen ea1151P. � B!I N. coe.p. x.:::,. Oetailer 7 C Number. i ATKINS a , �,� wmnn Region 4 LHN ia10 °:221.110 voia Sheet Number 31 Sheet Subset: Xsectiona Subset Seeele %503 or 12 4996 4992 _ -- - —. —• — 4893 4988 49� 4B84 � 4964 4998 p 3 6 4992 4992 2 42x 4988 � 4988 4984 � s9& 4 a Yq 3 4992 4992 ___________ 20ex � -- 4988 49& 4984 � 996 -40 0 40 5+75 4996 -0 0 5+50 40 R r {996 S S 9 E i 40 0 40 5+25 F 1 4996 7 5 I 91 S d5 {7( `y -w o .o t e 5+00 Print Date: 9/24/11 Sheet Revisions Colorado Department or Tronsportotion cuyd/+�� For,.. s As Constructed EAST HARMONY ROAD project No./Code File Nome. rdxsoad. Date: comment: Inn. Horif. Scole: t"=5' Vert. Scales Q —_ rOT Hfo s.00m se..r easf _ F. 10-1 safe 970 Ce. %212 f.Vr 9)aJfOfIW WmfPOWVB Wtr ni rwr corm lei.1 Costs. gwv `222LOo°i No Revisions: CROSS SECTIONS ADC M455-091 j 1®I OICBMaI Ir.: Jomnn Q Revised: Designer JAG Slructwe 16603 e A1TK�NS.,afe9r r._]6rm nn Q Detailen JpG Numbers 1 Q Region 4 LHN 9 1970 voia Sbeet Subset/ xsections Subset Sheels� %504 0l 12 Sbeet Number d2 4996 4B92 {992 0.661C C {98{ g, 4964 {996 g W92 -C— 4992 r62x __________________ _ 1966 49& 49& 4996 {993 $ zmx '�2 -- ------------ — 4966 {900 496{ � 490{ {996 8' {992 2.6]% 4993 4906 {96{ t984 OWNER: CITY OF FORT COLLINS CONTRACTOR: By: JAMES B. O'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT Attest: City Clerk By: Title: Attest: (CORPORATE SEAL) Address for giving notices: Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 LICENSE NO.: Approved as to Form Assistant City Attorney Section 00520 Page 6 4996 4996 -40 0 40 6+75 4996 4996 gg -40 0 40 6+50 E ¢ 4996 4996 I A S F k -40 0 40 6+25 F f 4996 — 4996 aI i d� -40 0 40 6+00 Prim Dote 8/24/il Sheet Revisions Colorodo Department tutor OI TrenSpOrtOtiOn FOrtCOlUns — )OT i4xo se.ew sv»r /^��_ Gehy. Co. eC6Jl _ nno... sroasoane Gi ru' 9r0 JJo x�s8 xei 4�C., C. �� 'u�� Caem Cu Re ion 4 LHN 9r021, ., Ce . 9 As Constructed EAST HARMONY ROAD CROSS SECTIONS Project No./Code FileNOme:rdxs03dw Dete: Comments Init. No Revisions AOC Ma55-091 Horiz, ScOle: I"=5' Vert. Scale: e� tWee4 Net 9J11rr2M Revised: void: Designer: 9 JAG Struc lure 16603 DBI OiI¢r: JAG Numbers r seen TO 031 ra: 94m nn a � �� W O (] sheet Number SS Sheet Subset/ %sections Subset Sleets: x505 0/ 12 4992 4993 osox_ 4 4984 4964 g 4992 � 030x_ -- 4993 4900 4900 4964 W94 4992 4993 o s6x y 4980 _______________ 4906 4901 4904 M W93 O.S6x y 4893 -ZOOS 4964 4984 4992 -40 49M 0 40 7+75 t 7+50 r { I a --------------------------- I 0 0 w t 7+25 { r yr St d5 f -'0 0 .0 7+00 Print Date e/14/1I Sheet Revisions Colorotlo Deportment Pile Nome: ra„o3.d. { f Hori]. SLole 1'=5' Vert. Score: Q Dute' Comments Init. of Tronsportotion City of C_H /"..11'ns NI lWl As Constructed No Revisions: EAST HARMONY CROSS ROAD SECTIONS Project No./Code )(1i w9 sar.0 G raY I. Ce sv..1 see Jl /"�f� ADC M45$-091 j M III Mai teen, 00 rds r /►TKINS s' m rr Ww Re O -- rMI wVOb 119e Gtr. a1 ra1 C .Y a'ra1 LL w, a. Revised: Designer JAG DBt090r: JAG Stmcture Numbers 16603 { DeA. m 1I111 O Region 4 LHN 1vM ]]1-aaaJ Void: Sneet $VES lt: Y.S eL tia ni $Idil1 $ltel is X$D() at 12 $11Ce1 NumElr }i .991 1mx � .99. .98. g a .990 .993 ... � C ....— - e .993 c5ox- .99. .99. .9190 � .991 3 .99: .993 .9s. i C _S EE .993 .999 _____________ __________________ .9& s980 9M 40 0 40 8+50 fi I f 4980 9M � -40 o w ? 8+25 i 1 t f 1 e980 40 40 e980 `[ S o B+OO Print Date 8/24/11 Sheet Revisions Colorado Deportment of Transportation 1()% nto s.r«. 5✓xr u..rr. ce .31 F. esaowm9e16601 eomev Re ion 4 LHN 9 cltyof Fort CoWns �f1 cry .i rai C . el e. c s 5 .« . I.nn a ea�c'i As Constructed EAST HARMONY CROSS SECTIONS ROAD Project No./Code File Nobler rdxs03.dw Daley Commenls Ini, No Revisions AOC M45$-091 Noriz. Scales 1.8' Vert. Scole� 1 Revised:Designer JAG Slruclve Deloiler: n0 Numbers ea 9¢ w.l w4 nrmnn a ATKINS S1 O a WrM- n M1.e.Wetp 0 vain: Sheet Number 35 Sheet Subset: %section Subset Sbeels %SO] or 12 1991 a a ............._$ c992 s9s9 LSax � —IOOx c98B 9984 R 9984 4992 s991 49B8 .____________-LOOx s988 w& 59N g X 4991 � 5991 l.mx � 4ga1 c9& 4980 4976 4972 4968 N gl pW 5w -40 0 2+25 4980 4976 4972 4968 —I 4980 376 — —t 4976 371 -- 4972 368� ,,,I -`" 4968 o _. 4980 4976 4972 4968 4% 49'. 491 491 1 Print nurse. xam= =o ver t. stole: o O r.: ATKIIN.S rm me B.a va F. nr.wmnn m 76 p sb 3e m., m td3u p -40 91 0 2+00 -1 l o: W a u 1+75 4980 4976 4972 4968 3 4980 9 1 _..... 3�. ____ _ J-r- =7 _____ -- ------------ 4976 4972 1_ dm 3 o = a 4968 -40 of Tronspor totion or 'u:9 `Ce SW31 VMnn o7o-isa alai rut: ,0aa0-mee Region 4 LHN 1+50 cityo3 As Constructed For, �t�s No Reviaiona: City rwl ca'm ae1 ca.a• •..m. Revised: r•n ca::., ce. it, 121 am VOId: EAST DRAKE ROAD CROSS SECTIONS JAG Structure JAG Numbers bset: %sections I Subset SlvelsXS Project NO./Code A0C M455-091 16603 l2 Sheet Number 36 i 4960 4960 -40 0 40 3+00 4980 sl 4980 f 1dy 1 4960 4960 -40 0 2+75 N I 4980 I 4980 - 7 34972 1 f 4960 4960 40 1 e 2 + 50 Prim Dote: 8/24/11 � 0 O Sheet Revisions Colorodo Deportment 0! TrOngporloliont _ 1OT ux0 s..a.e slr..r u..:.r. C. dc6v --- rug axdas0-va. wm+*� Region 4 LHN cl:yaCollinsAs W city .I Fort cam. xel. coarw r"— ro.l caw. Co. Nxm xxl�ama Constructed EAST DRAKE ROAD CROSS SECTIONS Project No./code Fit. Nome: r&s02.dw Date: Comments Init. No Ravisiom: ADC M4$$-D91 Horiz. Scale: 1"=5' Vert. Scold: - j Revised: void: Designer: dnc 9 Structvv Numbers 16603 Oetoiler: AG NN Ox[ eml M 61 5 [ SAr a r.: D]'] 12M ^ �NS $M1ee] Number 77 Sheet Subset: xsectlons S.Ovel $Neela: x509 0l 12 E p� 0 W31 O 4976 ....._ � 49)6 I 4972 ______________ __ 4972 1968 4968 4961 0 II 4964 4976 ---i—� 4976 ____ -- ------- 4972 4968 4972 4968 ` 49fi1 d960 4976 —i—I 4976 4972 19fi8 WI 1968 1964 4964 1960 -40 0 40 3+75 i q� 34972 R Y 3 4960 -4n o Io i = 3+50 R Y F 1 f f S 4� 4960 _40 0 40 e e 3+25 d Print Date: 8/24/11 9 Sheet Revisions Colorado Department O( uxo s.we sem _--or mwr. C. emv see..: ssosb-xua ru. 9)e-lb-xlep Liu /`..11'ns. FVl l� l.Vll err e1 rw� Cary xelrwl �e�o... ice. As Constructed EAST DRAKE ROAD CROSS SECTIONS Project No./Code rile N.rnw rd.3o2.d.TransportationGFyd ` Doles Comments Inil. Vert. same: Q No Revisions AOC M455-091 1 Q Revi3ed Desi er: 9^ JAG 6buclve Namber9 16603 I �3/, 1q OR Wv4 IYs 1e}}11nn >' ^�V NS SW im r. wan O Q void: Detoiler: JAG Sheet Nmeber 38 F s+•m mu nn Region 4 LHN mro� nleem Sheet Subset: xsectlons SWuI fleets: XS10 01 11 1976 ' 1 1976 1972 _-aW_>: ______ 1972 4966 - 4968 — 1964 _I 196/ 1960 4976 3 1 t w 4976 4972 1966 4966 4966 j 4966 4960 P 4976 � 497fi 4972 -41eE 4972 4966 4961 _ IIt— w 4966 4966 4960 4960 4960 -40 0 40 4+50 4 3 1 ? 4960 4960 -40 0 40 4+25 C ! ! &I i 1 dS t ( 4960 1960 -40 0 40 !C 4+00 Print Dote: 8/24/11 Q p Sheet Revisions Colorado Deportment of Tronsportotion - U% Hra a.can aunt G.r4r. Ce eaeJl Pv:.90. 5%lae ==� ru. amaad eis � CitYd FotCothns air .� rwi c.s.. °irw: c::. a: As Constructed EAST DRAKE ROAD CROSS SECTIONS Project No./Code File Nome: rdx502.de Dale: Comments Ini t. No Revisions: ADC M455'D91 Horia. Scole: 1"-5' Vert. Scole i Revised: Deal er: 9n da0 Shuclure Numbers 16603 D.t.a., dac �y rml ort w..er r. 10,N nn Sheet SubaeV xsec6ons S14ast Sbeels: %SI1 of 12 aA11��N5 d. mmU f. Il MnAl O Region 4 LHN �aw� aL e6a] Void: Sheet Number 39 I- 4976 i I 4976 9972 1972 4968 4968 19fi4 � 4961 1976 1 1976 1972 497T 4968 4968 4964 —� —w � n ._........._.. 4964 i 4976 �S 197fi 9972 .._ •--2. _�______�v6-x __ __. 9972 4968 4968 4964 4961 301 i t i a 1 r 4960 4960 e -40 0 40 f 4+74.33 i t 3 0 f E i 4 j� {F f e Print Date R/24/I' File Name: rdxs02.d. Sheet Revisions Colorado Department Ol Transportation 101ion deyo/ C__�/" Collins As Constructed EAST DRAKE ROAD Project No./Code Dotes Commenla Init. p + "°"'. Scale: ' =6 "'. 6a°": u:a s.oen svni -- Or GrrYr. <e E06]1 Nv;iex0-JJO-]Ne u e>0 J a-nse x / �`� u x or rai an ie11w1 ca`.. ca. No Redsions� CROSS SECTIONS ADC M455.091 O O Revised D<9i erg 9^ AG 51r ive 16603 Eamf fbhw IYe-Jp}man f ATKIN` �'m ra: AlM ZIA Details, JAG NwnOara i I e.e.a my O Region 4 LHN OMI ui-ewa Vold 6Neat Subset; %sections Sibael SMela: %92 of 12 Sheet Number 40 4976 rc� � .. 4976 1972 W — -- -- - 4972 1968 4968 "' 1964 0 4964 o SECTION 00530 NOTICE TO PROCEED Description of Work: 7277 Intersection Improvements at Harmony & Lemay and Drake & Lemay To: This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within (_) calendar days from receipt of this notice as required by the Agreement. Dated this _day of , 20_ The dates for Substantial Completion and Final Acceptance shall be 20_ and , 20_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20 CONTRACTOR: By: Title: Section 00530 Page 1 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins. 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7277 Intersection Improvements at Harmony & Lemay and Drake & Lemay. 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. Rev10/20/07 Section 00610 Page 1 SECTION 00020 INVITATION TO BID Date: September 1, 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 September 26, 2011, for the Intersection Improvements at. Harmony & Lemay and Drake & Lemay; BID NO. 7277. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Intersection Improvements at Harmony & Lemay and Drake & Lemay. The Work includes constructing a dedicated right turn lane from westbound Drake Road to northbound Lemay Avenue; along with a second dedicated left turn lane from westbound Harmony Road to southbound Lemay Avenue (adjacent to the existing left turn lane). More specifically, the project includes the following: removals as defined in the plans, utility coordination, earthwork, erosion control, concrete curb and gutter, full depth asphalt pavement, concrete sidewalks, a raised landscaped median, an irrigation system servicing the proposed median and construction zone traffic control. Signing, striping and construction staking will be completed by the City of Fort Collins. The Contractor will be directed to begin work at the Harmony and Lemay intersection to ensure that the City has ample time to relocate trees, through a separate contract, at the Drake and Lemay intersection. This is a Federally funded project and the UDBE goal is 6%. 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. A prebid conference and job walk with representatives of prospective Bidders will be held at 9:30 AM, on September 9, 2011, in Engineering Conference Room A located at 281 N. College Ave, 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: hftps://secure2.fcgov.com/bso/login.*sp Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. Rev1012010T Section 00020 Page I PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _ day of 20_. IN PRESENCE OF: Principal (Title) (Address) (Corporate Seal) IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF: Surety By: By: (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rev10/20/07 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins. 300 Laporte Ave.. Fort Collins. Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7277 Intersection Improvements at Harmony & Lemay and Drake & Lemay. 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. Revco/20/07 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _ day of , 20_ IN PRESENCE OF: Principal By: (Corporate Seal) (Title) (Address) IN PRESENCE OF: Other Partners IN PRESENCE OF: Surety By: By: (Surety Seal) (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rev10/20/07 Section 00615 Page 2 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Rev10/20/07 Section 00630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 7277 Intersection Improvements at Harmony & Lemav and Drake & Lemav LOCATION: Fort Collins. Colorado OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE and agrees to DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE REMARKS: DATE Rev10/20107 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen , 20_ You are hereby notified that on the _ day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 7277 Intersection Improvements at Harmony & Lemay and Drake & Lemay. 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 _, 20_ In conformance with. the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: _, 20. Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: Rev10/20107 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: 7277 Intersection Improvements at Harmony & Lemav and Drake & Lemav 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. 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. Rev10/20/07 Section 00650 Page 1 Signed this day of , 20_. CONTRACTOR By: Title: ATTEST: Secretary STATE OFCOLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and swom to before me this _ day of 20_, by Witness my hand and official seal. My Commission Expires: Notary Public Rev10/20107 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 7277 Intersection Improvements at Harmony & Lemav and Drake & Lemav CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attomey(s)-in-Fact. Rev10/20/07 Section 00660 Page 1 SECTION 00670 Section 00670 Page I 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, Il, CPPO, FNIGP Purchasing & Risk Management Director Rev10/20/07 Section 00020 Page 2 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) 0 nn NnT WRITF IN THIS SPACF 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 Employer's Identification Number: Bid amount for your contract: $ Fax Number. ( ) Business telephone number: Colorado withholding tax account number. Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number. 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County lies) 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 1 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. Section 00670 Page 1 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS Biwa coNsTftu(Tl(*CONTRACT These GENERAL CONDITIONS -have been* &velopeq by, . using the STA.NDAPD,GMIERr CONDITIONS OF THE CONSTRUCTION CON-17RAC-7 Orcpiwed by. Bw RA&ccrs JointContract' Documents. Committ&; MCDCN6,1910.8(1990 Edition); as base. Ch.angesto. that document we s66 b�- underlining -text that has,betn added and striking throu6h text that has been deleted. EJCDC GENERAL CONDITIONS 191 M (j 990EDITION) Wll',H-.CI'FY OF FORT COLLINS MODIMCATIONS (REV 9/99) Article or Paragraph, Number & Title DEFINITIONS TABLE OF CONTENTS.OI' GENERAL CONDITIONS. Peke Article or Paragraph Page Number Number .> Title Number IA Addenda, .............. .......................... 1 12 Agreement...,......................................i 1:3. Application for Payment ........ ............... I 1.4 Asbestos.............................................1 1.5 Bid ................ ........ ............................ I L6 Bidding Documents,__..":"....................I' L7 Bidding Requirements;."-.,,- , „"...... L& Bands .......... ............. ...... ....... ........:..1' 1.9 :: Change Order......................................I. 1.10 Contract Documents.-. ......... l.l'l Contract Prim .......:.:....:.:.:::.:::.:..:::.:.! I,12 ContiactTimesI .::.I 1713 CONTRACTOR:................................:1 1.14 dejeetive..............................................1 1.15 Drawings ..... ..................._..,.......... ....1 L16 Effective Date of the Agreement..__,.,,., T 1.17 ENGINEER .......................................: �. 1.18 ENGINEER's Con'sultani;,,,,,,,,,,,,,,,,,,,,,1 119 Field Order.. .... ........ :......:..:.:............... 1.26 General Requiiements ... :....:.... ;...... ;... ; 1 ^I Hazardous:Waste:.................... .. ....2. 1.22.a I.aws.and Regulstions' Laws or Regulations.........'---..,. �..............::....2 1 22.b Legal holidays"....................................2 1.'_3 Liens...........................:......I.............. ?' 1,24 Nlilestone...........................................:2 125 Notice of Award......._."........:.:...........2' .1276 Notice to Proceed ................................ 2. 1.27 OWNER.............................................�' 1 ?$ Partial Utiliattion................................' . 1.29 PCBs : ........ ............... .............. , :...- 130 Pevoletan .:...:..... ........ ........... ..... ...? 1:31 Project ...... ...................... ...................:2. 1:3^_.a Radioactive. Material ...........................:2 1.32.b Regular Working. Hours,.,;,__,,;,;,;;,,,,, , 2' 1.33 Resident Project 1.34 Samples..............................................2 .1,35 Shop Drawings ..............................._ ... i.36 Specifications ......... .......... ...... ........... V 137 Subcontractor .....................................?. L38 Substantial Completion,,,,,,,,,,,,,,,,,,,,,,,? 1:39 Supplementary Conditions..................2 1.40 Supplier..........:..:::..::.:..:.:.:...:.::.:.::::.:X 1.41 Underground Facilities-_:_.::.:.::.:.:..:? 3. 1.42 Unit,Price Nark ....... .:.I .... I— :.........::.:. 3 1.43 Work..................................................3 1.44 Work Change Directive,...,_ ;,;,,,;,;,, 145 Written Amendment .... ... . ..:....:.... ..:'d PRELMENARY MATTERS.-...,.,__.: .... 7____3 2A Delivery of Bonds ............................ 3' 2.2 Copies of Documents ..................... ...:3' 2.3 CommencementofContract Times; Notice to:Procced,,,,,,,,,,,, 3. 2.4 Starting the Work. ........................... 3 2.5.23 Before Starting Construction; CONTRACTOR's Responsibility to Report; Preliminary Schediles; Delivery of Certificates of Insurance— .................. ........--"3-4 2.8 Preconstruclion Conference;,,;:-„-:.._4 2-9 Initially Acceptable'Schedules .........4 CONTRACT DOCUMENTS: DDfENT, AMENDING, REUSE..." ..............:....:....._.......... 4 3.13,2 Intent ................. .............. :..............4 3.3 Reference to Standards and Speci- fications of Technical Societies; RclkTting and:Resolving Dis, crepancies::..::::..:.........:.:........:.4 5 3.4. Intent of Certain Terms or Adjectives ..................................... 5'. 3.5 Amending Contract Domnents......... 5 3.6 S41emeniing.C6titrnct Doctmtents..................................: 5 3:7 Reuse of Doc mi ents.........................5 4., AVAILAB11:RY'OF LANDS;. SUBSURFACE AND PHYSICAL CONDmONS;. REFERENCE POINTS ........................................ 5 4:1 Availability of Lands........._..:........, $- 4,2 Subsurfacrand Physical Conditions ................ ...... 4:2.1, Reports and Diawings..:....:............:.6 32.2 Limited Relianceby CONTRAC= TOR Authorized; Technical Data.......................................... _: 6 4,2.1 Notice of Differing Subsurface or Physical Conditions ..................6 4;2.4 F.NGiNEF.R's Review.......................6 4:2.5 Possible Contract Documents - Change.. ...................................... 6. 4:2;6 Possible Price and Times Adjustments..;... ......:.:.:...: (•7 43 Physical Conditions; -Underground Facilities: ...................................... 7 43.1, Shown or Indicated ...................,_..,.7 4.3.2 Not'Shgwn or Indicated ................ 7 4.4 Reference Points...............................7 EJCDC CENDtAL CoraorrlONS 1910-9 (1940 EDITION) w/ OTY OF FORT COI.[JNS MODTFICATiOM (REV 9199) Article or Paragraph page Ariicic:qr paragraph I);gc Number & Title, Number Number-& Title Number PCBs, petroleum, ,*tos, Hazardous Waste: or Ri4toa6tive Material, .................. BONDS AfQ),rNS_URANCF ..................I............,; 5�._I -5.. 2' Performance; Payment and'O'ther, -Bonds ;..8' 5-3 Licensed Sureticiind Insurers: Certificates of lnsurance'., .... 8 -514 -CONTRACTOR's Liability. lnsuraficc..................................I.......9 5.51 OWNtks Liability 1niurancd:*_C)1 5.6 Property .5.7 Boiler and Machinery or -Addi- tionad Property - 5,8 Notice of Cancellation Pro nision., --- :_10 5.9 C6NTRACTdks Responsibility for Deductible Amounts _.:101 5. LO. Other *Special Ins='noc: ...................... .5.11 Waiver of 5.12-5,13 Receipt and Applicatibn of Insurance Proceeds. ..................... 10-11 1 .5.14 Acceptiince of Biondi and brew ante; Option to 5.15 Partial Utiliz ticn--:PrcjxrtV 4 . _1 . Insurance.: .............................. CONTRACTORS RFSPONSrBILITIES I I 6,1-6..2 Supervision and Superintendencq ....... I I 6.3-6.5 Labor. Matcrials and Equipment,,, 11-12 66 Progress Schqdule ............................. 12 6.7 ;Substitutes and "Or.Equal" Items-, CONTRACTORs Expense; Substitute Construction, Methods or Procedures; ENGINEER's Evaluation ....... .... 12713 &S-6. 11 ewic�erning Subcontractors, Suppliers and Others. - Waiver of Rights ....................... j 3-14 ,6,12 Patent Fees and Royalties,,,;,,,,,,,,,,,,,;, 14 6:13 Permits...__._.._.._ . . ; ...................... :14 04 Laws and Rigtiliti6fis.. ...................... . 14, 6.15% Taxes ................ ..... . ..... 14-15 6.16 Use of .......................15 6:17 Site Cleanliness . .. .. 15 61.18 . Safe Structural Loading .....................15 6.19 Record Documents:.._:........,_..........:,IS ...................... 6.220 Safetvand Protection,:::-, .... :15A6. 6.21 Safety .......... 16. 6.2-1 Hazard Cam munication Programs;,,,,, I 6.23. Emergencies., ................................... 16, 6:24 Shop Drawings and Sam ple3 ............. :16 625 Submituil Prbe6edures-, CON-* TRACTORs Review Prior to,,s4op Drawin&,gr Sample 16 6 Shop Drawing &Sample Submit- tals Review'by ENGINEER;_„_ 16-17 6.27 Responsibility for Variatians Fran C-ontrictDocLiinents.,,,:,,.,-.-.IY 6.28 Related Work Performed Prior to WGINEER's RevieiV'and Approval of Required 'Submittals, ............... 7 6.29' Continuing the Wafli-, .... I ....... .... 17 6.30, CONTRACTOR!s General - Warranty and Guarantft__ ....... . 17 6.31-6:33, Indemnification .................. 6;34 Survival of ObligaticRis., .... 7. jOTI1ERW,0RK::........................._._.....__.:.....IS 7. 1 =7.3 Related Work at Site 18 74 C6ordinati 8: OWNERS RESPONSIBrLlTrE5 IS 8.1 Commurucatinfis to CON- TRACTOR ... ......... ................ __* IS .8.2 Rcplaccmcnt;of ENOMER, ........... 18 83 Furnish Data andPay Promptly When:rjue... ................................ IS SA Lands and EasemenL;; Reports aria -rests ...... ........ ...... 1S49 9:5 lnsurance:..................................... J9 1.6 Change Ord:rs,_ 9.7 l4speciions. Tests and Approvals......, ..................... .... 1.19 SA Stop or Suspend Work; Terrfiinate CONTRACTOR's Services. .. ...19 11.9 Limitations Limita,cn OWNERS - Responsibilities ................ ; .......... ;!9 '8.10 Asbestos, PCBs, P&rolc tm Hazardous West, or Radioactive Material, ................... J9 8; 11 Evidence or Financil .Arrangements-.-..-,-, ..................... 119 9..ENGINEER'S STATUS DURING CONSTRUCnOK, .......... ... I .......... ............ 19 9.1 6WNFR's Representative,,,.,,.,.._,. 19 9,2 Visits to site; ......... ;___ ...... 19 9.3 Project Rrpresmtaiive * ............... J9-21 9.4 Clarifications and Inter' pre-' rations........................................ 21 9.5 Mthorized Variation.s to EJCDC GENMAL C.0-nTIONS 191M.i1990 EDI 110M WOW OF FORT COLUNISMODIF1CATIONS 1REV91991 Article or Paragraph Page Article or,Paragraph Page Number k Title Number Number &Titic Number 9-6 Rejectingf)?fectwe Work ... a 13.8-13.0 UncmerifigMarkat E - NGI- 93,49. Shop Dritwings, Change Orders NEER's,Request ..................... . 17-28 and Payments : ........... ....................... 21 13.10 OWNER May Stop the Work: .......... 28. 9.10 Mterminaticris far Unit Price$,.,.., 21-22 13:11 Correction or Remov I al of 0-11-9.12 Decisions -on Disputes; ffNol- Deftefive'Work. ........................... ;8 NEER as Initial Intcrprcter 13.12 Correction Period : .8 9.113 ........ Limitations on ENGINEER!s 13.13 ......... ................. Acceptantue of Defieclive'Wark ......... 28, Authority and Responsibilities, _,22-23 1314 OWNER May CorrectDeficti:4 Work ..................................... 28-29 CHANGES IN THE WORK .......................................23 23 10.1 bWNER's Ordded Change., ... .......... 14. PAYMENTS TO CONTRACTOR AND 16-i Claim for Adjustment .......... ..................... ........ 19 103 Work Nc4 Required by Contract. 14" 1. Schedule Documents ; .............. : ..................... 13 14.2 Application far Progress 10.4 Change Oide!`4 ........................... ...... 23 Payment .... I ........... ....... ....... 29 10.5 Notification of Surety ............. _ ......... q3 14.3 CONTRACrORs Warranty of Title......... : ..... : ... ;;; ..... ;;..; 1; .... ;.;..29 CRANGEOF, CONTRACT PRICE•.................... ___;3 14,4-14J RevieW of Applicationis,f� 11. 14 1.3 Contract Price; Claim ror 7 Progress Payments„....... ; ....... -9-30 Adjustment: i Value of 14.8-14.9 Substantial Completion ............ _,.,.30 the Work,. ',�!�I:!:�l 231-24 14.10 Partial Utilization ----- -- ----------- 30-3 1 11.4 costorthe Wor�.*.,".7�' .........:....;:...... 14-25 14.11 Final Inspection .................. ...... I I 11.3 Exclusions to Cost of the Worli ...... ; ..... 25 14.12 Final Application.for Paymeril.... ..... 3 1 11,6 CO?itkAdtOR's Fee .... ...... 25. 14A3'-14.14 Fina.1 Payin ent and Acceptance .... ;;.31 I L7 Cost Records........ 25-26 14:15 waiver of Cluims�,." ........ ,..,.31-32 11.8 Cash Allowances ............... .. ............... 116 119 Unit Price Work .............................. .. 26 15 S-USPEMION OF WORK AND TE%mrNATION ....................... ............ ........ ......32 CHANGE OF CONTRACT TDES ....... ....... ............ '16. 15:1 OWNER'May suspend 'Wark .......... 32 Claim, for Adjustment ................ - ...... 26, 15,2-15;4 OWNER May Term inate.... ............. 32 11;,-) Time of the Essence, 15.5 CONTRACTOR May Stbp� P .........................16 Delays Beyond CONTRACTOR's War k or Tcrminat�.,,, ... 32-33 Control.- ............ .... 1,26-27 12A Delays Beyond OWNER's and 16. DISPUTE. RESOLUTION ............................. .... 33' CONTRACTOR3 Control ................. 27 M MISCELLANEOUS ............ .............. 33 TESTS AND INSPECTIONS: CORRECTION. IT l'' Giving No6ce.,. ....... 3L3 REMOVAL OR ACCEPTANCE OF IT2 Computation ofTimca ...................33 DE)7EC77IE WORK .............................. ........ 1�7 17.3 Notice of Claim,,,,,,,,,. :33 13.1 Notice of Defects.:..: .......................... 27 114 Cumulative Remedies:..::::.-..........:.33 13:2 Access to the Work..:......._ 17 17,5 Professional Few and' Court, 13-3 Tests and Inspections Costs Inchided.. .................. 33 CONTRACTOR's Cooperation; ......... 27 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 13.4 OWNER's Responsibilities'. Intentionally. left blank_-_ .................... 33, Independent Testing Laboratory ...... :27 '13-5 CONTRACTORS FXHIBIT GC -A: (Optional) ............ ........ 17 Dispute Resolution Agreement ..................... QC -Al '13.6413.7 .Respoasibilifies� Covering Work Pribe to Insocc- 16.11A6,15 Arbitration ...... -_----------------- I GC.Al tion, Testing or. Approval,-, .............. 27 163 Mediation ... ------- :_..PC -AI rizix: c;LNERAL coiiDmms 191 o -a it 99 . 0 wrnom vw= OF FORTC011.rNS MODIFICATTOMS (,REV 9199.) INDFX TQGFNERAL CQNDTTIONE 6ty'al"Ooh Collins m6dificationi t6 thi GehimfCohditiciiis of the Conitruction'Contracture ftot shown in this index Article or Paragraph ,Number Acceptance of- - Bonds and Insurarict; ...... : ................... : ...... 5-14 defective Work .......... .............. IQA: 17.13.5. 13.13 final payment, ............. .......... 5k 12; 14,15 insurance.................................................. other. Work. by CONTRACTOR, ......... ................ 7,� Substitutes and "Or -Equal" Items..-,, ...... ...... .: T 1 15. Work by OWNER .............................. �1,5, 6.36. 634 Access to the. - Lends, OWNER andCONTRACTOR responsibilities ........... A ....... ........ site, related Work,,,-,., Work. .................. .................. 112: 13.14, 14.9 Acts or Omissions--, Acts and Omissions- CONTRACTOR.,, -------...... 6.9! 1, 9.1-13 ENGINEER ..................... 6.2(1, 9.13.3. , blArNFR;.... ...... I ............ ..................... : 0 8.9' 02 . Addenda-defmition of (also see definition of-Simcifimficris) (Ifi. 1. 8:19). 1:1. Additional Property Insmnceq,, ................. 3.7 Adjustments" Coritract Price or Contract Times �,J:5; 15..41. 4.3.2,4.5.Z ...... ...... .... 4-5:3, 9.4, 9.5; 10.2-10.4, ...........I .............. 14.8. 15.1 progress schedu1Q..............................................6.6 Agreement- dcfiniti6n o( ...................................................... 1:2 "All -Risk" Insairance, Policy 16rm, ................. ........ �. 6.2 Alliywinces, Cash ............. I ............. ......... I ........ 11.3 Amending ,Contract Documents.., .... .. '....t ....... 3.5 Amendment. Written-. ifi,gcneral., .............. 1, 1 il 1,45- 3.3, 5:10, 5,12, 6:6.2 5.8.1 6.19, 10.1, 10.4, 11.2 12.1, 13.12.2, 143:J- Appeal. OWNER or CONTRACTOR intent ,tq... ............. .:10,9.11; 10.4, 16. 165 Application for Payment-z definition FNGINEER's Resp onsilillit'Y'. ........ 9,9 final payment,,,,,,,,,,,,,,,,, 9. IT 4i 9-11-5, 14.12'14:15 in general .......................... 2.8j.2.9,5:6A,'9.I0, 156- Progress Payment,.,:.:.,:_:.: ... --I ..... ;J4.1-14.7 review of ------- ...... .... ;,J,4,444.7 Arbitration . ................ Asbestos - claim s pursuant thereto 2 4.5.3 CONTRACTOR: Ruthori zed! to stop Work, ........ .4.5.2' definition6( ......... ; ................... ............... ......... t.4 Article oi. Paragraph .1 &Urntier. OWN9R responsibilityfor............................. 4.5.1. 8: 10. possible peic6.and times change ................ ... A5.2 Authorized Variations in Work.,,,,,,., - . 3.6; 6.25, 6.27, 9.5 Ava I Us bilit y of Lan'ds ...... ................ ........... 4,1.8.4 Award. ......... : 1,^•5 Beforc7Starting Construction ......................... .... t,5-2'8 Bid -definition of„ ................ 15 (1'. 1. 1.1t). 2-3.33- - ......... I ............... 4.2.6.4. 6.13. 11.41.3; 11 .9: - 1) tid'difig bocuments-clifinition of Bidding-Requirements-def inition Of 1. 7 M 1. 4r2.6.2) Bonds" acceptance oP .......... ............ ...... ...........5.14 additiorial bonds .................................. 10:5.- 1 l';4.5;9 Cost .o ' f the Work.............................................I I.SA definition of ........ -, .......... ......... ......... 1.8 delivery of .... ............. ................. 5; 1 final Applimti&n for PayTncnt.: ................ 14:1 i-- 14'14 general -, ....................................1. 10" i 1 -5 3, 513. ..................... ': .......... - ... 9.13JO.5. 14.7.6 Performance, Payment and Other.,,.,,._-_.. „S' 1-5.2 Bondsand frisurance-in general., ............................... 5 Builder's risk"all-risk! policy form........ ...... ; ......... 5.6.2 Cancellation Provisions; Insurance,;;,,,, 5J5 Cash' Allowances . .................. l 1.8 Certifi6atc,of Substantial Completioh ........ 1.38, 6.30.2.3; ..........................................14.8, 14.10 Certificates of JA3.4, 13;51 14.12 Certificates of lnsuranoe.............. 2,7,'513; 5A 11, 5.4,13, ....... I ............... 5: 8, 3.14, 9,13.4, 14; 12 Change in Contract Price - Cash Allowances.-: ... 1.8 claim for price adjustment............ 4:1, 4.2.6, 4.5. 9L4 .................... 9:% 9.11, 10.2, 1.0.5; 11.2; 13:9. .................. 13:13; 1.3.14, 14.7, 15:1. 15.5 CONTRACTOR's Fee ... ...... Cost of the Work general, .............................................. 11.411.7 . 1- Exclusions to,, 1.5 Cost Records::....: in g6neral J,I9,.I.44,9.II',I().4,Z 11 L!JMP Sum Priciiig ......................................... 11.12 Notification 6f Surety-....-, ... ....... I . . ..... -.10.5 Scope of .......... .......... ........ Testing and Inspection, Uncovering the Work: ............................. ; ... 13.9 EJMC GENERAL CONDITIONS 19104 iN90 EDMOM wtc.i*rY.6F Fouml.!JNSSMODMCATIONS (REV91991 Unit Nice. Wok � .......................... ......... 1.9 Article or Paragraph Nuinber Value,of Work......_.......................................... 1.0 Change in Contract'rimes- Claim for times adjustment ...... :4. 1 j 426, 4.5, 5,15, .......... 6.8:2' 9.4. 9.5. 9A 1; 10:2.' 10.5; 12, 1. ...............13.9, 13.13,13-14,' 14:7, 15.1, 15.5. Contriictinil time limits.., ........... Delays beyond CONTRACTOWs control... . .... .............................................. 12.3 Delays beyond OWNER's and CONTPACTOR's control ............ ..... 1.2.4 Notification of surety ........ r- tl - 10.5 Scope of change: ....................................... 10.3zlO.4 Change Orders - Acceptance ofDefective Work..........................13.13 Amending Contract Docum=4 ............. . q 14..; .... ; . ' 5., Cash Adlowanciis 11,8 Change of.Contract Price* ......................:.............I I Change of Contract ............. 11 Changes in the Work .......... CONTRACTORs fee ................................... 1,1,6 Cost of the Work .......................... ; ............ 11'.4-1 L� Cost Records.,:,::.:....:.:.::....::_„ ....... w-;; .... ;-_JL7 d6mition of.:......._.-......;....:...-- --- ------- -.1.1.9 emergencies ..................................................... 0.23 ENGINEERS responsibility ........ 9.8. 10.4. 1 L2. 12.1 execution oi, ... ; ................. ............................... 10.'4 Indernhifiction ................. ..... _0.1 4 6:16, 6.31=6.33 in'surance, Bonds and„.....................3.10' 5.13, IR5, OWNERmay,wrminatt: ............... ....... 1.5.2-15.4 OWNER!s RespunsitiIii:y ........................ 10.4 Physical' Condit i6ns--- Subsurface and.....:....: ................ ; ................. 42 Underground Facilities- ............................ 4.12 Record Documents .fi.19' Scope of Chang'e,._:., ....... .......................10.3-10.4 Substitutes ...................... ! ................ . ' 7.3; 6.8:2. P� . Unit Price Work ............................................... i 1: ' 9 value of Work, covered by...: _ .............. .... I ...... :11.3 Changes in the Work--„ .............._..._... . .......... 1.0 Notification of surety ............ * .......... * ...... ...... 10.5 OWNER!s and CONTRACTOR!s responsibilities....: ..----...................._...........10.4 Right to an adjustment.,,., . . .. Scope of change., .......................... : ........... 103-10A .Claims-- against COi4TRAC'rOR ..... ............... ------ - * 6.16 against LNGINFER ------ _- .-; .......... �32 against OWN .............................................. 632 Change of Contract Price„_........ .............. 9.4, 112' Change of Contract Times-:......................... 9.4, 12.1 T1.9.4, 9.5. 9.11. 10.2: .............. ........... 11,9; 12.1, 119, 14:8., ........................................ I ... 15:1. 15.5. 17.3 CONTRACTORS Fee .............................. ......... ll..6 Afticli or Paragraph No* CONTRACTOR!s liability ........... 5.4 ' 6.1 -2 6.16, 6.31 Cost of the Work ........ -...11.4. 11.5 Decisions an Disputes...............................9.11, 9.12 Dispute. Resolution ................... I ...... ....... J6.1 Dispute Resolution Agreerneni: ................... 16:146..11 ENGMT-ER as, initial interpretaT.- -4 LI ... 9.11 Lump Sum Pricing..., ........ . .11:3.2 Noticeof . ....... ........................................... __- t - 7,3, OWNER's .................... 9.4. 9.519:11. 10.2, 11..2, 11.9 .................... 12.1. 13:9.13:13,13:14.17.3 OW-INIERs liability ............. :.,! ........... OWNNER may refuse Lomake.payment, ................ 14.7 Profmional Fees and Court Costs Included 17.5 request for formal decision 60 .... ......... I I Substitute Items ............. I ............................... 6:7J-2 Time, Extension.....-,-.:....... J................................121, Time requirements ............ .......... ........ 12- 1 Unit Price Work 1.9.3 Valueof ..........................................................J.1.3 Waiver ofw�on'Final payment .... ;. ........... f4.14,-14.15 Work Change'Directive ....... ........... Written notice required_,__ 9.11. 11,2 ' l'i I Clarifications and Interpretations,,,,,,,,,,,, 1.6.3;'9.4, 9.11 Clean Site . .......................... . ............ ................ 5,17 Codes of Technical Smiety, Organizatio'n or Association ................................... ..............33.3 Commencement of Cimtraci-Times ......... .................. 2-3 Communications - .general .. ............ ........... ;-:: ... 6.2. 6:9.2. 8iI .. HaiardCommu'ritcation ........ 0:22 Completion - Final Application for payment ...... ...... ............ Final Inspection. ...... ..................... ....4 11 Payment and Acceptanee.....14.3-14.14 1Final Partial Utilization ...................... ; .................... j4.10 Substantial Completion ......................1.38. 14.9-14.9 'Waiver of Claims ..... : ....... ........ ; ....... ;J4115 Coniputation of Times ............ ; ........ z ........ J7-2.1-17.2.2 Concerning Subcontractors, Supplicrs arid Others ........................ 6.8-6. 11 Conference a - initially acceptable schedules ...... ................. t ..... 12.9 preconstructioR ..................................... ........2.9 Conflict, Error Ambiguity, Discrepancy - to Repoort ---------- _1 ........ 2.5, 3.3.2 Cons"ction, before starting by CONTRACTOR , ........................................... 2.5-2,7 Comtruction Machinery, Equipment. etc,,,,,,,,,,,,,,,,,, 6.4 Continuing the Work ........................... ......... 6.29.10.4 Contract Documents -- Amending..........................................................3.5 Bonds. ............ : ........ : .............. ......................... 5.1 Ej I cDc aLNmui. criwnioNs 191 o,.s (i 94o EDi nqN) w/ OTY OF FORT COLUNS MODISCATIONS (REV 9199) Cash Allowances 11.81 .Article or Paragimoh. Number ,Change of Contract price ................ ............... I I Change of Contract Phanges, in the Work,,,,,,,,,,,,,,,,,,,,,, :10.4-10.5 ,,,,,,, ckiick and verify......_ . * ........ ; ................ ;..;.; ......... 2.5 Claiifications'and ........ 3.6,,9.4. 9. 11 definition of;,;,,,;,,,,,,,,,; : �.: :;.Jalo� ENGINEER is initial int crprfctci of ENGINEER as OWNER's relvescritative:.., ?.I 'gMemI3 ...... . .... 5-3 Intent minor variationsin the Work ......... ................. 3.6 O"ERs responsibility to furnish dat-a ... _ ....... _83 OWNER's responsibility to,make prompt payment .... ..................... 8:3, 14:4, 14.13 precedence ................................ ....... 1: I. 33.3 Record Documents &19 : Reference to Standards end.5peci6cations of Technical S?cii,tie; Related Work ...... :.. — ..: .... ; .... ... ; ..... : ..... ; ... I 7:_ Reporting and Res-olving 13, Reidij of L - .......... L ............ ....... ;Supplementing ...................................... * ........ Tenn ins eion of ENGUTEEKs Em.plqymen; .......... 9.-2 unit Pride Work ..................... 7.........................11.9 variations ... ....................... ............... 3.6, 6.23,427 Visits to Site, FNGINEER`s.. .......................... _., 9,2' Contract Price — adjustment at`;,,,,,,,,,,;4.1:-9.4,.10.3;-1 1.2-11:3 Change of ..... ...... Decision on Disputes ... ............................... 9.11 definiticin of ..................................................... 1JI Contract Times— adjustrrient of ....... 4: 1;4.4, 103,.12 Change of ' .: .................... ; ................... 12:1-12:4 Commencemcnt,o� ............................. ............... 2.3, definition a(;: ........................ 6 ......... 12 CONTRACTOR" Acceptance of Insurinc6 ................. * .............. ... 5:14 Comm urucatioaii. ..................... ...' ............ §.2. 6.9.2 Continue Work ........ .......... ........ ... j5,29. 10.4. coordination and sche-duling,,, ..... defini tion of ........................................ ............. Limited Reliance on technical Data Authorized 4.2:2 ,May Stop Wark or.Terminate_,,1111,-.4 ---- .J.5''5 provide site access to.others. ................. I ... 13.2. 13,2 ,,Safety and Protection,,,,,,,,,,,,,,,,,, :4.3.1,2, & 16, 6. 1 $, ............................... 6:21-623i Shop Drawing and Sample Review Prior to Stibmittal ............................... .......... 15.25 . Stop Work requirements ........................... ... 4-5:2 CONTRACTOR's Artiele�oi Phihgriph Number Compensation,_ ....... .............. . ..... IX-1 1.2 Continuing Obligation .................................... 14,15 Dq/ective Work ............................... 13.10-13.14 Ny'io correct defecdve'Wark, ...... ................... 1111 Duty to Report-T Changes;in the Work caused by Em;rgc'ncy ......... .......................... ...... .fi,23 Defects in Work of others„,,,, .......... 1.3 Diffiring conditions,... ..... 11 4:2:3 Discrepancy in' DoLuments, ....... 2J, 3.3,2, 6.14.2 Underground Facilities n6vihdicated .......... 4.3.2 Emergencies ............. * .................... ..... 0.23 Equipment and Machinery Rental. -Cost of the Work., ............. ;..; ... ; .... NE ............. :1 L4.53 Fee --Cost Pids .............. ............ 114,5.6, 1 US:I, 11.6 General Warranty and Guarantee ......... Hazard Communication Programs ............... .... :.0.22 Indemnification—_ ------- -6 l)'G. 16; 6.31 .33 Inspection of the Work, _ ................ 7.3, 13:4 Labor, Materials und Equiorn'chl ................. ;;.6.34-5 Laws and Regudmions; Compliance tiy, ...... Liability Insurance.,:............. ........ .I .............5.4 Notice of Intent.to Appeal ................... 9:10, 16.4 vbiigatio*n to pedbrin and complete the Work ¢30 Patent Fces and Royalties, tes, paid for.by ................. §.12 Performance arid Other Bonds ...... ; ............... _'-J" Permits, obtained and paid for by,,,,,,,,,,,,,,,,,,,,,, ,0.13 Progress Schcdulc�,,_ .... ___ ........ ;. 2:6. 2.8; 2,97, 6.0, ........ ; ......... ;. G29.10:4. 15.2,1 Request for formal decisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities. - Changes in the Work- ......... ....:............. .. : :Suppliers 10 1 Conceirmng,Subcontracto_m' and Others .............................. t: ...... 6118-6,11 Continuing the Work ........................... ¢.29, 10.4 CONTRACTOR's ex-pense. ...... ....... CONTRACTORs General Warranty And GuariA.tee .................................... _63Q CONTRACTORs review prior to Shop Drowing,or:SamplesubmitW...........-.-...,-, 6.25 Coordination ofWork,,,, ....... .................. 6,9:2 Emergencies .................................. _ 61 23 ENGmu.:k's valuiifion, Stibstltutes or "Or -Equal" Items.............. 63.3 For, Acts arid Omii;sicns of Others .... ........................ 0-149-2, 0-13 for deductible amounts,imurance .................... 5.9 general ................... . .......... ........ ti, -72, 7.3. 9.9, llazardo�'Co'rn Smunication I Program$,,,__ Indemnification ................................ .. �,6,22 6;31.6,33 cK3)cciENERALc.bNi)i7i0Ns i9io4jig90 im�rnqM W/ i= OFFORT COUIN'S MODIFICATIONS (REV W99), SECTION 00100 INSTRUCTIONS TO BIDDERS Labor, Materials and Equipment ............. 0 3-4 S Laws and 6.14 L; tabilitv Insuriince:, ...... i .......... ...... Article or Paragripli Number Notice of variation from Contract Documents.,..... ........ . ......................... jG. 27 Patent Fees and Rciyul6es: ......................... 6. 12 Permits'. ........ Progress Schedule_.,_::__ Record Dt5cumcnts * .............................. 6.19 I elated Work performed priorto ENGINEERs approyal of required submittals .28 safe -structural loading .................................6.18 Safety and Protection . ...... ......... j6.20, 7.2 13.2, Safetj, Representative—- .......... .. ..... -------- --6.21 'Scheduling the Work: ................ ; ...... Shop Drawings and Samples '�t ...... 624 Shop Dinw ingstindSamplea Review by ENGINEER,.,: .: ............. T ...... ---- �:6.26 Site Cleanliness......._...._._-,._,:;:-::::-:.::::-:, iG. 17 Submittal Procedures ...................................625 Substitute Construction Miitfiods and Procedures:..:...:_: . z1 ............ Substitutes and !Or-E4ual`Items j,.6.7.1 Superimendcrio; ............................... ........... j5 2 Supervision .............................. ....... ...... 6:1 Survival of Obligations ............................... :634 Taxes......................................................... jtiAi Tests, and,li4ccticiis� ...... ....... ................... 13-5 ToReport ............ ; ........................................ Use ofpremiscs ... :;J.16-6,18; 6.30.2.4 Review Prior to Shop Drawing or Sam ple'Submittat,, ... V., ... W.. 1; ... ....... ;..;A25 Right to adjustment for changes in the Work ..... 10.2 right to claim ......... 41 7.1, 9A, 9.5, 9,11, 10.2,11. 2 119. 12.1..13:9, 14.8, 15.1. 15,5, 17.3 Safety and Protection,,,,,,,,,,,,,,,,,, §.20-6.22. 7.2, 13.2 Safety Representative ..................... 7 .................. 621 Shop Drawings and Samples Submintils ... 16.24-6.28 Special Consultants ............ ....... 1 --- 11.4.4 Substitute Construction Methods and Proccduris,6,7 . Substitutes and'Or-Equal" Items. . ERpense .......................................... 6.7.1, 6.7.2, Subcontractom Suppliers and Others.....,,fiz8-6.11 Supervision and Superintendencq ......... 6,1, 6,1 6.21 Taxes, Payment by .......... ................................ G. 15 Use of Premises .............. 1:.6.16-6. 18 Warranties imdguarantmss, .............. :.J.5. '6f;fitle 6.30 Warranty: ................. ; .......... ................. 14.3 Written Notice gequired=- CONTRACTOR-stop Work or terminate ....... 15,5 Reports of Differing Subsurface and Phyiical Conditions - ........................ 4.2.3 Substantial, Cum pleti OR ................ I............-_ 14.8 YIII cOisrrRAi-'TOPS--othPr........................ ...................... 17 Contractual Liability fn=anq c, : 1 ....................... 4. 10 Contractual Time Limits . ... ..................... ..... j2.2- .Article or Paragraph Ntim Wr Coordination- CONTRACTOR's responsibility..........._........... . 0.9.2 Copies of Doctiments ................................................ 12' Correction Period..-,., . ..... 13411 Correction, Removal or Acceptance of Defective Work-- in general.,..,-,-„....................:....'10.4A, 13.10-13.14 Acceptance ofDefecti've Work ...... .... J3.13 Correction or Removal of Defective Work .................... ......... :..6.30, 13.11 Correction Period .............................. ..... zJ3.12 OWNER May Ccrrcct Defectivv Work ..............13.14 OWNER May Stop Work_ ...... ........ 13.10 Cost -- of Tests and hispections ...... ...... . . ........ ........ 13A. Recards-I 1;7 Cost of the Work - Bonds and insurance. additional ......... ......... )1:4,5.9 Cash Diiiectints ......................... ....... :11;4.2 CONTRACTOR's Fee_ ...... 11.6. 'Employee Expenses ................. 1 ........... 11.4.5.1 Exclusions, tc.....................................................11.5 General 11.4-11:5 Haire office -and overhead expense* ....................115 Losses and'damages ..................................... 11.45:6 Materials and cqitipm6i .................................11.4.2 Nfincir. expenses, ................................... ...... JIAJ�.S Payroll costs on changes,,,,,,,, ". 1 11. 4:1 performed by Stilic6ritractors; .... i ...... ...... 11-4.1 Records 113 Rentals of constriction equipment and machinery..,-... ...... ..... .......... 11 :+ 5.3 Royalty payments, permits and license fees ............................ ; .............. jl!4.5.5 Site office and temporary fhcilitie*; ............... 11 A.5:2 Special Consultants, CONTPACTORs ........ .... 11.4.4 Supplemental..._....:.:....:_ ...... : ........ :11.475 Taxes related to the Work ............................ 11,425.4 Tests and Ins ........... I ...... 13A Trade Discounts. ....................................... .... 11.4.2 Utilities,, ruel and sanitary laicilities _j 1.4. 5.7 Work after regular hours ...... :1 ............ ............ 11.41 Covering Work ...... ---- : ; .............. : ..... ......... j3.. &I3.7 Cumtdative Remedies :- : I.........:._.......,. J 7.4-115 Cutting, fitting and patching ...... 7.2 Unfit, to be ftnished by OWNER, ........ ..................... 1i;3 Day -definition of ............. .................. .............. 17.2.2 Decisions on Disputes ................................... 69-11. 9.12 defective -definition of. -,. ....... defective Work - Acceptance of ...................... 1 .......... V.10.4.1. 13.13 LXDC CENUkAt. COND171ONS 1910-8 t1940 E151110N) wt CITY OF FORT C61JJM MODIFICATIONS WV 909) Coirrecribri-or Rcmoval,of,'... ...... ........... )(0.1i 13J I Correction Pciricid._. .. .. .. : ....... 13:12 in generell ............ ....... 14:7. 14.1 I Article or -Para aph . 97 Number .Observation by ENULNEEK ................................. 9;2 OWNER May stop Work..; .............................. 13;10 ,PramptNotice ofDefects,......,..;:....................... 13; 1 Rejecting..:,:.,.::...:::.,.::::..::...::,::::.:.:::::,::..:... ,J,6 Uncovering the ........ Definitions ........................ .......... Delays ...................... 1: 1, 6,29, 123= 12.4 Delivery of Elonds., ............ -, I Delivery of certificates of im*'i'Ta'nK,"; ...... ...... Determinations fdr Unit Prices., ................................ 9.10 Differing Subsurface.or Physical Conditions— Noticle of.L ... .... m ............. !_.: ............. ; ---- _A.2.3 ENGINEER's R&icw ....... ....... Possible Contract Docurne is Chari e ,n � 97 ............... 4_25 Possible Ptice;rmd Times Adjustments.... .......... 42fi Discrepancies -Reporting and 2.5.3.3.ZGA2 Dispute Resolution— - Agreement.:....:::....::..:.::.......:: � .............. 1.6.1-16.6 Arbitration...:..::,.::.:.::::.:.`:6.1-16.5 general 16 Mediation Dispute Resolution Agreemint .............. ........... 1,6 1- 16.16, Disputes. Decisions by ENGINFER,;..._ ... ........ 9.11-9 12 Documents— Copiesof ........................ _: ------ !_,.: ..............1.2 Record 6.19 Reuse Drawings-Aefiniticin.of...... ...... ....... ;'.: 1: 15 Easements .................. ...... ' ............. *' .;J:I - Effective date of Agreementdefinitioh of ............ .1,16 Emergencies:-... .............. ENGINEER- as initial interpreter on dispute;; ................ 9.11-9112 .......*'' *'' '*L17 [:imitations M authority anYrresponsibilities;,,,, IA Replacemefit OE --- : -------------- 1 ...................... Resident Proje6t R*cscntativc ........................... 93 ENGINEEks Coniaillant — definition 9f., ........... ENGINEER's-.- authority and responsibility, limitations on Authorized Variations ithe'W '� ni or . ..... ..... ....... 9.5 ,Change.Orders, responsibility for,..... 912, ,Clarifications and Interpretations_ .... ....... 3.6.3; 9.4 Decisions cn- Disputes.... �. -.:-. - ...... zz-9.11-9.12 defective Work, notice of ................................... 13-1 Evaluation 4 Substitute Ite . ms, ......................... 0.7.3 Liabiliry................... .................. .... 0.32, 0,12' Notice Work is Acce,P table ........ J 4.13 .Observations.. ................ ......... : ........ I .... -6.30.21 9.2 OWNEWs Representative..9:1 ............................ Payments to the CONTRACTOR,' - Responsibility for,:.,,.: ............ ....... ::___.9tqJ4 Rabinininialatitnt UPayment ..... 14A .,Vti6le or Paragraph Nam6ff Responsibilities -Limitations on ............... ;9.11-9.13 Review of an Differing'Subsurface end Physical Conditioiis ... :z ...... Shoo Drawings and Siniples. review ...................................6.26 Status During Construction-- authorizid variations in the Work_ ...... ..... Clarificatiorcs and ihtcrpietaflori;s,,. .9.5 Decisions on Disputes ......................... :9.1119,12 Determinations on Unit price :,.9.10 ENGINEER as Initial Interpreter.,,--„_„ 9.11-9:12 ENGINEER's Responsibilities,,,;,;,,,,,,;;;; 9J-9, 12 Limitht:iohs on ENGINEER'S ERs Auificsiry and Responsibilitiesi ..................... ........ 9.13 OWNERs Representative; .......... _'__ .......... PA Project Representative, .... ............ Rejecting Difective Work ..............................9.6 Shop Drawings, Change Order's and Payments Visits to .......... �V ....... -------- 9.2 unit Prict deteriniha . tions 9,10 Visits to site i� Writl:6 c6fiscrit require 4 .............................. :7.2. 9.1 Equipment, Labor, Materials and ... ........... . ....... 0.3,6.5 .. Equipment rental, C6st of thc'W6rk ....... ......... J1.4.5.3 :, Equivale.aMatcrials arid Equipmenk ........................ 0,7 error or Evidence of Financial Arrangements. Explorations of physical 6ondition.j...., .... ......... 4.2:1 Fee, CONTRACTOR's--Coits; Plus, .......................... 11.6 Field Order — definition J. 19 issued by ENGINEER ............... ; ......... 3.6.1, 9.5 Final Application for Paym eril, ......... .... 14, 12 Final Inspection .... 7..;.; ........ 1 ........ ......................... J4.11 Final'Payment.. and'Acceptandc .................................. 14.13-14,14 Prior to, for cashallovinces ............................... 11!8 General Provisions., .......... .............. ___ __17.3-17:4 General Requiremprits— definition of,,,,,,,,,,,,,,,,,,,, ..d.................... ........ 10 . principal references tQ.............I 6A.L6.6:6J, 6.24 Giving Ncaicc,,,,,,, 17.1 ' Guariontee,of W4--rby CONTRACTOR--,, --- ,,0.30, Hazard Co6imunication Programs, ..................... ...... 6.22 2 Hazardous Waste — definition o( ................. ................................... 1,21 general ......... -------- ... O� AMiWs responsibility fora,,,, ... .. ......... X.10 .. EXDC GENBLAL CONDITIONS 191" (100 EI)ITIOM wtmy. OFFORTCOLUNM NIODJFCe IIUNS (REVW991, Indemnification,,,,,,,,,,,,,,,,,,,,,,,,,,,,, - 6.10�.6.31'6.33 Initially Acceptable Schedules ...... ............... Inspection-- 14.12 Final................. . ........................................ 14.1.1- Article or Paragraph Number 'Special, required byENGINEER ........ ................. 9.6 Tests and Approval.,_., ... ;z ... 13,34 3.4 Insurance— Ac6cptan6c of; by OWNUR'. ............................... 5.14 Additional! required by chang�-,; . . in the Work '11.4.5.9 Before starting the Work ......................... Bonds and --in gencrat ........................................15. Cancellation ProvisiorisL ........... ........ i ....... 5.8: Certificates of,___, ........... 2.7, 5, 5:3, 5.4-11. 5.4,13. ............ ........ J165: 18; 5,14, 9-13,4; 14.12 completed opermiohs * ............................ 5 '4:13 .CONTRACTOR's Liability ................ i .... . ........... 5,4 CONTRACTOR's objection to 14 Contractual Liability................................... 75A.10 deductible amounts, CONTRACTOR's responsibility................................... ............ 5:9 Final Application for Payment ...... .... 4;zi14.12 Licensed Insurers , ................. I ............... ....... 5.3 Notice requirements, material changes; ....... 5.8, 10.5 Option to Replace ............................................ 5.14 dth.er special insurances ........ : ......... ! ................. 5.10 OWNER as fiduciary for insure4 .............. 5.12-5.13 OWNERIs Liability ............................................ 5-5 OWNER's Responsibility .................................... 8.5 Partial Utilization, Pruperty'Insurimce .... ........ 5, ts Property r ; ............ i ............ ....... Receipt and Application of Insurance Proceeds ............................................. 5,12-5.13, Special Insurance,.- _ _ ,,..............510 Waiver of Intent of Contraci Documents .............................. 3.1-3.4 Interpretations and Clarifjcmionfi ..................... 6.3. 9.41 Investigations of physical, conditimtpL .................... ; .... 4.27 Labor. Materials and Equipment,--,-„ .:.. ...... 103-6.5 Lands — and Eascra cnts ...................................................8.4 Availability. of .......................................... A. 1. 8.4 Reports.and Tests : ...... i .................... i ...... ........ 8A Laws, and Reguilaiions--Lnws or Regulationsilii Bonds..................... i .................. ............... Changes in the Work ................ ..... .. ............ Contract Ekkuments ............ CONTRACTOR's Responsibilities,,,,,,,,,,,,,,,,,,,, 614 Correction Period, ciefgcfive Work ....................13.12 Cost of the Work, taxes ................................ 11.4:5.4 definition of ------- ii ................ ------------ : ---- :,.J-22 gencral6.14 Indernif1cuLion ........................................ 6.31-6.33 Insurance 3-3 Precedencei...... J;I.3.33 RefZTencic to .... ...... ....... j.3.1 Safety and Pfowtion .... 13:2 Pp SubconLractors,-Su liersandOthers.,:,,- .. �6.M.11 . Article or Paragraph Nurn ber Tests and Fnspecticms. ...... l .......................... :115 Use of Premises :Zt: ... .... 111 ... .;6'j6 Visits to Site.....::....-_:....::_:::.::._ ........:....... Liability Insuranc CONTRAcrowsli.............:.::.......................I..... 5.4 OWNERS ... 5;5 Lircnsed'Surcties and Insurers--.., .......... ............ : 53 Application for Progress Payment .......... 4.2' coNil-RACTOR's Warranty of Titloj .............. ;14.3 Final Application for Pa}ffimt,,. ... ; ... I ... E I ... rl..;J1.12 definition, of ... i .................................................. 1 23 Waiver of Claims ..... ................. ....J4.15 Limitations on ENGINEERs authority and responsibilities., ;- .......... .1:9.13 Limited Reliance by CONTRACTOR .Authorized ........................... ........................... 4.,2.2 Maintenance and Op.erating'NIinuals-- Final Application fiii Payment....., ........ ...14.12. Manuals (of others)-- Precedence._............................................... Rilcreh&cju in Contract D6cumwn14, ................. 3:11, Materials and equipment — furnished by cogrmcrop .................... i .......... 63 not incorporated in Work ...................................14.2, Materialsor equipmcniii-equivii1erit 103 Mediation ... .............. 167 Milestones --definition of.; ...................................... j 24' Miscillancous— Computation of'rimcs .... ...... Cumulative -Remedies ..... Giving Notice ............. ...................................... 17,11 Notice of Claim ................................. l .............. :17.3, Professional Fees and Coort Costs IncludecL. ... 7.17.5 Multi -prime contracts...-.....:_.._ .............._._......:. ; --- j .7 Not Showti or Indicated..... ........................:... ....... A-3.2 Notice of. - Acceptability of Projwl.. ........... ... 14113 Award, definition of ........ Claim I .............. ........................ :J.7-3 Delects.13.1. Differing §ubsurface or Physibal Conditions,---_, Giving ...... Tests and Inspection*, . ..................................... j 3:3 Variatior% Shop Drawing and Sample ................ 0.27 Notice to Proceed — definition of ................ .......... 7 .......................... 1.26. givingof............................................................ 2.3 EJ= GENERAL CONE)ITIONS 1910 -8 (1940 EDI 110N) w/ OTY OF FORT COUDS moDiscAmor-m mEV9(") Notification to Surety.....................I.........: J65 Observations, by ENGINEER'-,;,,,,,_„._, 6:3Q 9,2 Occupancy of the Woik 5,15 6 3Q.?.4; 14.10 Oreissioris 4 acts by CONTRACTOR,,,,,;,,,,6:9, 9,13 Open Peril policyform. Insurance .......................... 5;6.2 Option to Replace :..................................................... :14 Article or Paragraph Number, '"Or Equal" Items .................... ........ I ..................... :.... 6.7 Other work 7 Overtime Work --prohibition of ...::.:...:..:.......... OWNER-- Acceptance ofdafective Work ......... ........ :.:....... 13:13. appotntan ENGINEER,_- ...... ........ :8.2' as fiduciary......... �.................................. 5.11=5.13. Availability of Landsi responsibility spon3ibility .................... definition of.. ................:......:........_....,.. :1.27 ....... . data, furnish...--.'--..,:: 8.3' MayCorrectfeetive Work;:._ ::...::...:............ 13,14': May ref m to make payment„ ...............:........... 147' Maq.Stop the Work......:.....:...........................13:I11' May'Suspend Work; Terminate..,., „---- ,-- g.8: 13.10. 1$;1-15,4 Payment, make prompt ........... ........ 0 3, 14:4, 14:13 performance of Other work..: ....... :........... :::......... 7:1 permits and licenses, requirement;,,,,; 6,13' purchased insurance regi&ementq,;,,,,..,;;.„ 5.6-5:10 OWNER's;- Acceptance of the,Work..............................6:30.2.5 ,Change Orders, obligation to ckccutc,......... ; :6, 10A: Communications'............................................... 811 Coordination of the Work .............:......., 7.4 Dispujes request Car decision ..:....................... 9,11 'Inspections, tests and approvals,,,,,,, ..... :..::.$.7, 13:4; Liability Insurance.---:...-`-_:..... Notice: of Defects..::...::...........:........:......: ,....13.1 Representative--Durirtg Constriction; ENGINEER's Status...,..,;--,..._,....,. <• - -• _9.1 R;eswnsibilities- Asbestos. PCBs, Petroleum; Hazardous Waste or Redi_cective A7aterial,,,;,,,,,,,,,,,;5;10 Change Orders:..........::...:..,:: .............. 8.6'. Changes inthe Wcr4;_........... _. 10;1 communications._.-_-....................................$;1 CONTRACIOR's responsibilitica .................. 8.9 evidence of fmancini arrangements,....., inspections, tests and approval* :............. :...... 8:7 insurance..................................................... 8,5 - .lands and easemenig,...:............ .....................8.4 prompt payment by ........:.:: ........ .. U replacement of ENGL2IEER _...:... ......... :...... $.•2 reports and tests:...........................................8;4 stop or suspend Work.................$:8, 13:10; 15.1 terminate CONTRACTORs services......._,,: separate representative at site..............................9.3 ..tasting; independent: ........ ... .... _......................13.4. use -or occupancy . of the Wor ,-„_........ _........... 5.15. 6:30.2:4. 14.10 written consent er•approval regaled..........,...............:.............9.I:,6.3.'I I'.4 EXDC GENERAL CONDITIONS 19104 i1490 EDITION) wl &N.. OF.F'ORT c owNS xwmcAT10N'S (REv wr99) Article or Paragraph Number ,witten nbtice required;,,,,,,,,,,;,,,;,;,,;,;;ZI, ............I1:-2; 11.9, 14.T, 0A PCBs-= definition of ---- .. -:..- — ...............1v'9' general..............................................................4.5 OWNER's responsibility for:..............................X.10 Partial. Utilization — definition of,.,,,,, ... ...... )_28 general 6:30.2.4, 14.10 Property Irisuratice............................................ 5,12 Patent,Fees and Royalties. .................... ..............6.12. Payment Bonds ..... :........ . .............. ..... Payments, Rccommcndstion of ........ -_._ 14.4-14.7; 14.13 Payments to CONTRACTOR and Completion — Application for ProgressPayments..................... J 4,2 CONTRACTOR s Warranty ofTitle Final Application for Payment .......... ;,..::;...:14.12 Final Inspection..............................................14.11 ,Final Pavmcnt and AcceptaKK.............: 14.13-14.1'4 general ...................53, 14 Partial Utilization, -_--.---„- 14.10 Retainage.......................................................... I 4.2 Review of Applications for .prompt payment ...: ...... :..".......... :..._.............. .. S.3 Schedule of Values, .................. I........................ 14.I Substantial Completion, ....................._.......14.8-14.9- Waiver of claims ........................................:... 14.15 when payments' due,,,,,,,,,,,,,,,•., .............. 14,4; 14.13 withholding payment ........ ....... ........ ... ....-----....;14.7 Performance Bond4.............................: .... .........:5.1-5.2' Permits .::::.::::....:...:.:...... :...... .......... ;............ 6.13 Petroleum_ definition -of ............................. ..:...:......... ......... ).30 general..............................................................45 OWNER'S responsibility for_., ...........:..........8.I0' Physical _Conditions— -Drawings of, in or relating t4........................ 4.2.1.2 F.NGTNEER's review .... :......... :...... .::......... :...... .2.4 costing structures_:........:.:......:.:..:..:.........:::..:4.2.2 general4.2.1.2t .......................................................... Notice of Differing Subsurfaccor,.....................4.2.3 Possible Contract Documents Change...,,,.,,-•,... 4.2:5 .Possible Price and Times Adjustments:„-,,,,-..,,:4.2.6� Reports and Drawings.....................................4.2.1, Subsurface and ................................................... 4.2 -Subsurface Cortditionj.... ....... ............. ....... ._42.1'.T Technical Data, Limited Reliance by CONTRACTOR Authorized ........................4 i 2 Underground Facilities— gencral........................................................ 4.3 Not Shown or rndicaed__._.:..:..._ :3.2 Protection of. ....................................... 4.3, 6.20 A Article or Paragraph Number Shown or. Indicated Technical Data' ............................................... 4.2.2 PreconstructionConferencq:.......... ............ :............... 2:8 Preliminary Matters„-- ,------'------- ------------ Prelirliinary Schedules ............................................ .2:6 Premises, Usc.of...................... ......................... .1".18 Price, Change of Contract ........................................... l l Price. Contraet--definition of .:.:....:::...........:.:.------ _ 1.11 Progress Payment, Applications fit ::.:........:.:...:..----- 14.2 Progress.Payment--rctainagq................... ...-............ 142 Progress schedule, COMTRACTOR!s,........... 1.6; 2:8; 2.9. 6.6. 6:21..10.4. 15:2.1 Project-defuiition oC....:_,...;..... .............:.:.:........_131 Project_Representative— - ENGH, Mks Status During Construction...:-,......9.3 Project Representative, Resident --definition of ------- _-1.33' prompt payTncnt by OWNF,R:...:....::...:...........;:.:.......8:3 Property Insurance -- . ......:........................5!7 Additional: .... ............ ........ .. general5.6-5.10 Partial Utilizatibn_-.-...._------- ....:....... ;5.15, 14-10.2 receipt and application of prcceeds............. 5:12.5.13 Protection, Safety and;,,,,,,,,,;,,,,,,,,I........,,fi�20.6:21, 1302 Punch list :::.......::::....::::.:.:.:.:..:......... :...... ..:.... :14.11 Radioactive Material— defmtionof.....................................................1,32 general4.5 OWNFR's responsibility for ........................ Recommendation of Payment ,,,,,,,,,,,,,,,,14.4, 14.5;.14.13 Record Documents; ............... ........................ 6:19, 14.12' Records, procedures far maintaining . .................. ........2..S` Reference Points ..:.:::.::::..:............ :.................. ; 4:4 Reference to Standards and Specifications of Technical Societies ........... ...:...... :................ ... 3.3 Regulations: Laws and(or)............................. _..... _ (5,14' RcjectingDefecdve. Work:,,..:....................................9.6. - Related Work-- atSite......................................................_.7.1-7.3 Performed prior to Shop Drawings and Samples submittals review .... :........ ;-;..-6:28' Remedies, cumulative...------ .....:.:.:...:....---•:-:,114;' 115 R6iioval or Correction ofDefaerivo W6rF.,.- ........... -,J3,11 rental agreements, OW NVER approval required-,,,,11,4,5.3 replacement of ENGINEER, bypWNER ....... ........... 8:2' Reporting, and Resolving Discrepancies................................2.5, 3.3.2, 6,14':2 Reports — and Drawing-s:--- ................. . :: .................... 1.2' 1 and Tests t)WNER's resprnisib lity,,.-..,._,:.:.._:.,.8:4 Resident and Project Representative-- defuiition of.....................................................1.33, provision for ....... ........... .......................................... ;9.3. EJCDC GLNERAL CONDITIONS 1910-8t1940 EDITION) wi OTY OF FORT COUJNS MODIFICATIONS (REV 9199) Article or Paragraph Number Resident Supehntefident, CON'rRACF01eS.,,.,-,,,--,-,,-6.2 Responsibilities- CONTRACTOR!s- in gcrcr(kl 6 ENGINEERs-'in general .......... r ............................ 11� Lim.itatibits on .............................................9213 0WNERs.in,g61craI:__ 1--:- ................ ;--, ..1.8 Retainage z. -;1 ........ ............. t:., ---- 14t2 •Reuse of Documents:.......... ...... .......... .. 3.7 Review by CONTRACTOR: Shqp_DraWin'gs and'SampIcs Prior in ......... 6.25 Review of Applicatioms for Progress Payments., ................................ ;..14.444.7 Right to an adjustment Rights of Way.. ................ ........... : .... . ... Royaltiesio Patent Feesan4,.,. .Safe StrucniraI:Loiidin.g ...... .................................. fi.18 Sa fetv.- and Protection,,.,_. 6.16; 6:18, ------ I ...... 7.2. 13,2 general .......................... .......................... 0:20-&.23 Representative: :CONTRAtTOks ............... Samples - definition of.., .... ...... ....... _.J.34 general ..................................................... 0.24-6:28 Review by CONTRACTOR ............. ............. .... 6.25 Review by ENGINEEK ............................. .¢ M. 6.27 related Work .....................................................4.28 submittal of' -... ...... I ................... .................... 6,24.2' submittal procedures ............................ 0.25 Selicilulc of progress....._.. 2.9-2:9. 6.6, 6:29; 10A. 15.2.1 Schedule of Shop'Drawing and Sample ............. - - - 2,6. , .......... .. 2:8-2.91 6.2".-28 Schedule of Values, .. '16, - ............. 2.8-19, 14f1 Schedules- Adherence to, Adjusting ........ ............ A.6 Change of Contract Times : .......................... ..10.4 In itin Hy,Acceptable. , ..................... "i ....... ; 1:8. 2.9 Pielim ifiary ........................................ ............... 2.6 Scopc 9f;Chansczk ...................................... 10.3- [0.4 $ubsur-fhcc,Conditicns ......... ___ ......................... 4.2.1:1 Shop Drawings, - and Sam ples, general! ............... ............ _J6.24-6,28 Change Orders &AppIi6atichsfor - Payments, and __ definition .......... SNGINEER's appr6val of ................................. 3-6.2 ENGBIEERs responsibility for revicw..................................... 0. 7. 6.24-6.28 related Work 8 review procedures:,,,,,,,,,,,,,, , . �1 .9, 6.24-6:28 Article or Paragraph Number, submittal required ............. ............... ................. 624'1 Submittal Procedures use to,approve substitutions ............ . - --- 63.3 Shown or Indicated Site Access ...................................... 7.2, 13.2 Site Cleanliness ................................... ................... 0.17 Site, Visits to - by ENGINEER-.:.: ;,- ;_.9.2. 112 ......... byOthers__ ..................................................... 13.2 ".special causes of losi;".policy f6rM, in.stuanut ..................... I., ......... definition 1.36 ......... Specifications- defiriation of: Societies, reference precedence - - ....................... .......... Standards and Specifications ,of technical Socie!iq ............................ ......... _53 Starting Construction, *forq ....... ............. ).5-2.8 Stirting the stop Or Suspend Work.. bygONTRACTOR .......:..:.I . ..... ..................... by OWNER,; Storagi; of miterials�and equipment ........ 7.2 Structural Loading, -Ss City......................I................ . 6.18 Subcontractor - 'Co cerning; ........................... ! ................... A.�-6.11 definitiono.....................................................137 delays ................. _ I ......................................1 -23- waiver offight5.................................................6. I I Stibcmtractors-in ....... ........... AS-6.11 Subcontracts7-required proVisicmS ...... : 15z 11, 6.11, 11.4.3 Applications for Paymen..................................14.2 Mh.ihtcnance and Operation, 2 Prooedures, Progress ! Schedulct............. ......... ....... 242.9 Samples .................................. ................ 5:24-6.28 S.chedule.or Valucs, ........ ; ....... ; ................... 2 -6.34,1- Schedule of Shop Drawings and'Samples Subm isni6ns ...... I ...................... ........ 26,218-19 Shop Drawingj ........................................ 6.24-6.28 Substantial .completion- certification,of,__ ............ ...... 7_0.30-2.3, 14.8-14.9 definitionof.. .................................................. J38 Substitute Construciiai Methods ci Procedtties:_....6.1.2 96-stitutes and 10r Equal" Items,.-,--_ 63 CONTRACTPR!s Expense:_ ....... ........ ENGINEER's Evitlustion 6-7-3 "Or -Equal" ................................................... 0.7.1;1 Substitute Construction Methods. EJCDCGENERAL CO,NDITIONS1910-3(1990EDITION) w/ ciTy 6F. FORT COLUNS MOT)MCATIONS (REV 9M) Article or Paragraph Number Of Procedures ... .............................. ......... 6.7.2 Substitute Items Subsurface and Physical Conditions-- . Drawings of in or rclatng to„ ............ .......... 4:2.1,2' ENGINEER'S Review ...................... ......... A.2.4 general—,......::..::._` ... . .... .: ........ Limited Reliance by CONTRACTOR Authorized .......... 42.2 Notice of Diffiring Subsurface.or Physical Condition,_.._,.-_ .....:....:.... :-r.A.2.3 Physical Conditions;,__,_--. Possible.contract Documents Change' .: ............. 4.2.5 Possible Price indiiines Adjustments ...............4.2.6 Reports and Drawings ---- z _; :, ._ 4.2;I - :Subsurface andk ..... ; ....... ; ... .... ; I".; .... 1. ...; M.. ;.; ...... 41; Subsurface Conditions at the Site,,,,,,,,,,,,,,,,,, 4-2,1-1 Technical Dais ................................... ........... 4.22 Supervision— .C6l,ftRACT0R`s responsibility-_,,, OWNER shall not supervise., ............................... 8,91 ENGINEER shall not supery isq ..... I ....... 9.11, Superintendence .... ........ Superintendent, CONTRACTORs resident ............... 6,2 Supplemental costs .............................................. 11.4.5 Supplementary Conditions— d4niti6nof ......................................................1.39 principal references tq ................. )A 0, 1. 18, 2.2, 23j. ........... I .......... :U43, 5.1, 3-3, 5.4. 5.6-5;9, . ............. 1.5.11: 6.8. 6.13, 7.4, 8.1 l,9.3_9. tO Supplementing Supplier-, definition of., .................................. ; ...... ......... J.40 principal references 3.3, 6.5, 6.8-6.11. 6.20; -- -- ----* ...... ....... M. .... .... 6.174,9.13, 114.12 Waiver Of Rights, ........................................... Surely— consent. tO final payment,,,,,,,,,,,,,,,,,,,,,,,, . J4.12,44.14 ENGINEER has no duty to.........._ :..: .............. N16tification of 10_1, ............................ 10.5, M2 qualification of...' ... .................................. 5.1-5.3. Survival of Obligations .... ....................................... j57M Suspend Wdrk. OWNER May-,-„........... 3 3.10.,15. F Suspension of Work and Termination" ........ : ....... 15. CONTRACTMN4ay Stop Work or Term irate...............................................15.5 OM4139 May Suspend Work 0WNERNby-Tcrmiriatc__,; ........ I_ ...... I;J5.2-15.4 Taxes --Payment by CONTRACTOR.K ........................ §: 15 Techniciii Data- Lainifed Reliance by CONTRACTOR, ................9.2.2 Possible Price.and Times, Adjustments ----- :,7 ...... 4.16, Reports -of"Differing. Subsurface and Physical Ccinditioris, ............................... ... 4.2.3 AV Temporary oomitruction facilities.. ...... ........ ..... :..4 1 Afti6le or Paragraph Number Termination -- by CONTRACTOR ... ...... ... tl.153 by OWNER ................. ......... ............ 5%; 15.1-15.4 of ENIGINE ERsc 7 mployment .............................. :11.2 Suspension of Work-in general ............................. 15- Terms and Tests nnd' litspwiohs Acces% to the Work, by otlicrg ....... 1�1:2 ............. (:ONTRACTOfes rc% ns bilitjes ...................... J3.5 vast of 13.4 covering,Wgrk prior .... __)3-6-13.7 Laws and Regulations(or) ................................ 13.5 Notice.of Defects . ...... ............. ...... ................ 13.1 OWNER Maystiip work.. .... _,; ...... ------- s*ih], required by ENGMIER ......................... 9.6 timely notice required .......................................13.41 Uncovering theWmk, at ENGINEEks- request ...... 3,8-13.9 Times— AdjListing........................ .......... ................. 0.6 Change.of Contract...- 4---- ....... ;:., ........ Computation of ........................... Contract Tinic"ifinition of; .......................... J1.12 day__ ........................................... .........17.2.2 Milestones ................................ ......... : ....... Requirements— iipPcalsj__ .............. ........... .................. ?M), 16 claims 9nd'disputc*k_, .... 11.2, I'T Cbffiffieficemeht of Contract Times__ .... ; ...... 2'3 Orcc6nsWuction Confercncq�,., .......... _ ........... 7.8: schedules ........................................2.6, 2.9, 6.6 Starting.the War Title. Warranty of.,, ................. Uncovering Work ........ : ..................... ........ 1. 13.8-1.3.9 Underground Facilities, Phyiiiial Conditions— definition of., ........... ;; ........ .......... ;;; .............. J. 41 Not Shown or Indicated, ...... 4.3.2 protection of ......................... ...... ..4.3, 6.29 Shown or Indicatc4 ......................................... 4.11 Unit Price Work— claims- ....... definition of........_............................................1 AZ generall 1.4. 14.1. 14.5. Unit Prices — general 11.3. ' I Determination for ........................................... 910 Use of Premises , ................................ 6:16. 6.18, 6.30.2.4 Utility owners... ...........................4. 13; 6,20, 7.1-7.3, 13.2 Utdization. Partial ... 7: ... 5.15, 6.30.2.4. 14.10 Value of the Work ................................................... 11.3 Values. Schedule of ................................ 2A 2. 8-2.9, 14.1 EJCDC CENERAL CONDITIONS 1910-9 it.940 WITION) wl CITY OF FORT COMMS MODIFICATTONS (REV 9109) Variations in Work --Minor Authorized,__. ..... 6.27; 9'5- Article or Niagraph Number Visits to Sitc-by EIMGMUK ............................... 9_Z WaiVer of Claigns—on Final Nymcni _ : ...... 14:1 5' Waiver of'Rights by insured partics ................... 5. 11,411 Warranty and Guarantm General -by CONTRACTOR.............................................. .. 630 Warranty of -Title. CONTRACTOR!.%,, ....... I_,j,;j__14.3 Work -- Access to byuthcrs............................................................. 7 Changes in.Lhe ......... ----- --10 - Continuing the;......,. 29 ............... CONTRACTOR NUiStop WA, or, Terminate,_, .................... ......... j 5.5. Cowdination of ..7.4 ............................... ----------- _ - -- Cost of thc,..; definition of., ............ I ......................... 1. A3 neglected by CONTRACTOR, ........................... 13.14 other Work OWNER \ty'Stop Work 7ZT 1.3. [0 OWNER May Suspend Work ................... J3:10. 150 ,Related, Work at Site ........ -7.3 Starting the,-, :; i:4 Stepping by CONTRACTOR ...... ........ Stopping by OWNER ......... ; ....................... 15:1A5A Variation and deviation- authorized, mitt .... ..... 3.6 .Work Change Directive — claims pursuant to . I ........................................ jQ1 definition of 44 principal references to,,,,,,,,,,,,,,,,,,,, 3.53,10:1-10.2 Written Amendment-- definition of-,-,_, .... ....... j -45, principal references Lq.., ..... 1- 11), 15, 516.15,11 ............. 6.6.2. 6.8.2, 6.19,10.11 10, 4: !...:11.2i 11% 13.12.114.7.2 Written Clarifications and Interpreiations ..... ; .................... .... 3.63.9.4.9:11 Written Notice Required— I?Y CMMRACfOli,................... 1, 9: 1 o.9.1.1, by OWNER .................... 9, 13;14 xv IiXDC CIEN - MAL CONDMONS 1910 -3 it 00 ED1710M W/ L17Y OF FORT COLLIM %foi)mCATIONS (REV 91991 (Tfiis p*e lcftblalik ifitenfimal-ly), xvi EIMCCENMALCOM)MONS 1910�ki]54(3 W1110�() L':ffYdF FORT COMANSIMODMCATIONS fREV*99) GENERAL CONDMONS ARTICLE 1-DEFINITIONS Whereverlused.in these.Gmieral.Cbnditions or in.tht other Coritract Do6umints the 'following- terms have -.the- mcunings indicated -which, are- appficablr'Ito both tie I.L. Ad&fida--Written or graphic instruments.weed prior to• the opining of Requirements or t Bids which cliwifyo correct or . he change the Bidding RContract Docuriiciu& I.i .4greehmm-The written contmet bctwccn,OW14FR :and'CMTRACTOR'ouvering tic Work to be pOfwmd-- othcr'Coniract'Docaiiicnts.Eri amicherl,tri, the A ent and a part. thereof as Prmrldc'*d Lhcm'UL. grcciQ 1.3. ApFlIcafibn �or Payment —The for�- ed 'by e4GINEiRwhich 'mto be useby-oNrRMfflokn requesting firciress or final, payments and 46ich is, t6 be a ccompaniod by.such' supporting documentation as is required by the Contract DccuMcnts. 1.4- Asbestbs=-Any material "t contains more thin one pereentasbestas and is friable or is relcilsing,asbestos fibers, into the air above curre . rit action 164s astahlaid bjetfie. [FniW States 0=40wicinal 'Safety and. Health Admi"atiom. 13, Rid -The offer or, proposal of the bidder submitted on the prescribedlforni setting ffrtli.theprices fir the Won k' t6 b pL -rf:irmed .q 1,6. , BidaWW DotvnenU--The advertisement of invitation to Bld: instt aions to bidders, the Bid forum, and thepopdwd Cdnu;a,4 Docuitienti; (including 911',Adderidd issued prior to receipt 617 Bids); 1.7., Bidding RcquirememrThc, adivertis6ritent 4 m invitatito BicOmsittuciiOrSto bidden and the Bid form.' 1.9.. Bondr-PerformncP'anaL Paymera'b.pnds and other instrurnintsofsecurity..' ' 19. Charge_ -Onkr—A document recommended by, DJUMM11- which is'. s'q'11edL by c02iTRA.cTok ar�d OWNER'und, auth6rims an addifion: deletion or revisilin in ihc Wark, or an adjustmena in,theCLsitract. Price or the Contract Tiincs, issued on ui after the Rflecti�� Datc,ofthe. IAO. Conftcl Lkxmrhdn1&-:The Agr6ederil; Addenda. , (which pertain to the. contract Dd6uriinis); CONTPjiC`fOR's - Bid (including docLarentsition a'ccmpanft• the Bid'and a4. " bid documentation submitted prior to,the Notice of Award) %ilicri'attaclitid as an' exhibit to the Agreenient, the, Notice to Proceed;- the Bdnds; tfies c ;Genial Conditions. the' Supplermentaly Conditions the Spolfi6ations.and. thi Dravvingi, a,; the VXWOENEKAL CONDITIOills - 19104(iME66%i), W/ MY OFFORT COLLIM MOLVICAnom (ttiV -vmao) sarne are more specifically WiWfied in the,Agreeffient, together with all' Wrinerr'Ami6dmeras, Change Oiders,, Waile Charge Directive%. Field Oid&s and ENGINEERS wrivxfi interpretations and clarifications issued pursuant to piiiaiiaphs3.5.'3.6.)-g-nd3.i�.3, cii,qilafter'ihe.'Effec'&c Date of -tsi Agreement Sh6p Dinwi-mig surinittals approved, pursuarii i to paragraphs 6.26mul 617'-and the repoits.and drawings referred to in paragrupw4;1I. am 4.2.2 are not Contract Docurrients. 111 Contract Pifq—The: raqrroq; payable by OWNER to CONTRACTOR for caripleticn'of - thi Work iri accordance with the Contract Dammentsits stated in -die Agreement, (subject. to -the provisions. of fmmgmpfi I I'_9_I in the case of Unii Price Work), 1.12. Contrad nmds4he numbers of, days or the datcs'sta" in thr-Agrcancm: (i) to achieve Subkthritial Completion' complete the Work so that it is re midcn�.'by ENCHNVER's 'wr final psymerlin accordance with paragraph 14,13.- 1.13, CONMACTOR—The pers6n, ferni or corpoistion ,with whom'(3WNFk has entered into the A-rccmmt. L14, infective -An .adjective which When modifying the weird Work refers to Work that is tinsaiisfactory, faulty Cy deficich't , in thaIr if does not conform to the Contract Documents,or does not meet the rcquircraciits. of any inspection; reference standard, test or ripprovhl referred to ififfie Contract D6cuments,,orhas. bem darfiagc4 prior. to ENGVE 'sxccommcndat.ion.of final -payment (unless responsibility for the prbtcction thereof has been assumed by OVATF.R at Substantih] Completion in accordanc; with paragraph 14.8 or 14:10). 1-15. Drawings --The drawings which show the, Scope, c<tent and character of the Wori to be (Urnished'and pi�birned by CONTRACTOR :and which have been iiepiartid or approved by UNUNT-ER and are referred to in the Contract, Documents. Shop drawU'V' ire not Drawings as so defined.. 1-16, Effeefive Date of the Agmentent—The -6te indicated in the J\gftrfient an which it b&bmes ifteWve, but it niu,such ZUte is'indimted.it means the date on-w"hich the Ag-reementis mitpud and delivaid by the list of the two 006 to sign; and deliver. LIT rMINUA—The permin: •firrn 'or comr1kridon named as such in the Agreement., 1.18. FNMUMs Ccyauftalit—A person, ruin or c6rporat.i6nhrvi acmtnact with ENGINEER to furnish smicis as ENGUSIEER's indetxndent professibiial associate or consultant with raj*At6tht Project and who is identified as such irthc. Supple tiiintaryC6nditions.. IA9, held Or4kr,—A- 'written order issued by. ENGINEER whicli orders minor chang'Es in the'Work . in icicordan -cc With paragraph 9.5LIJut whichAtics not involve a diarjce in the Contract Wice crilic Contract Times: 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 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) Rev10/20/07 Section 00100 Page 1 1.20. Genand ReqUiremeiii-,-Sectiofis of DiviMofi'l of the Specirkitifirims'. L-21. HazurdoiisWdste-Thi'lamb RazurLkms.IVasleshalt' have.the me'erAng provided In Sc6tion -1004 of the Solid Waste Disriow Act '(42 USC Section 69W) 'as amended Crum lime to 1.22.iL, Lait3 and Regulations; Lawt oi Repiations-Any und all appLicable laws: rregulations. ortiinsriccs- ulm, .codes aiat tinders. of any and all gove6imental bodies.. ag , e ncim-.euil .t-MsEindcoiirtshiiiigjunchctiam' Llfb. Legal Ha6larrshall lac those holidays observed hv,tVCitvof Fort Collin& - - - 1,23; Liew-Liens. charges, seLurity, interests or cricuffilbrime'es upon real property or pasoml property. 1.241 'Uilasrone-rA principal event.specified in the Contract Documents relating Lo'an intermediate completion date or time p.66r.'to SubstaMial-Complepio-n of all the 1,25, Natice f Award -A. written notice try OWNER to ffic'agprcnt.s�ceisfial bid&-irstdting thi t upon'compliance by appq6i suecessfial bidder with the conifititifts priccedent enumerawd therein, 'within the tirr'se specified; OWNER will sip and deliver, the.rN_gr&mcnt. LX Notice td Proceed -A written- notice given by' OWNER to coml-RACTOR (with 3 copy to ENGINEFR) Gx* the date on which lithe Contma Times will, commence to rum and on which CONTRACTOR shall start to perform, CONTRA&.011-3.'cibligations under the Contract Documents. .1.27. OUNIER-The public, body or authority, corportition, associatiot firm or person. with Whom CONTRACTOR has entered intn'the'Agre'emient and for whom the Work is to be priiiiideid. 1.28. Partial Utilkatian-_Use. by OWNER of a substantially completed pan of the Work .for the fturpase For which it is intended (or a related purpose) prior to Substantial Comp!etiofi.of all the Work- L29. PCBs-Polychlorinaled. biphenyls. 1:30. Putrokien-Petroleum: includirg,cru.&.oil cc any fi-action.thetreof which ,is "q Wail sl.arx,lard crViditions of temperature unsi pressuie' (60 dcg= Fahrenheit and 143 pounds per mivare inch absolute,), such as oil, fictrulcum,'fiael oil, oi . I skidgc; oil refuse, 92soline, kerosene and oil mixed with other non,112zardousWastes and crude oilii. 1.31. Prqject-Thc total.constructitm of Aich'the Work to be providix] -under Lhc,Ccntoict,Muuments stay bcj1hc whole., or ii part as iridiLatii,d elscwheie`in the Contract Documents. 1.32i.a 'Radioacrive i Afaterial--Source: s0wial,nudear. or ii*6duC1.M21CriRl as defined Sy the Atomi4i P!ncr6 ilct of EIMCGENW-AL-COMY1101IS 1910-S 090 gditimi,- W/ CaTyov FORT WLLIMMM*jC_A_I1"9NS*E%1412G0 . UY 1954 (42 USC'Smtiori 2011 et *) as amended 4cim, time (o time. 1.32.b. Rexidtir Warkint, Harirs=Regdtr working (routs 6i defined as -7:00am, to. 67Mom unless otherwise specified in the General Requirements 1.33. Resident Pnty'ev Repmsenrathv-The authorized rcircser"Ilve of ENOINM. who may be,awq-mW'tq the, site or any pan thereof 134. Sxnples'Physical examples; of materiaK, equipinent,,.'or, workmanslul did, are representative of someportion of the X�le and which establish rite sms by which such porriori of iNe Work will be !j6dgcd: 1,35, Sh4i , Drawings, -All drawings. . diagrams. illusLaitirins; schvdulei acid other dtita or ihfbimation' ,"ich are specifically prepared dr�assimblcd by-or'fr CONTRACTOR and submitted by CONTRACTOR to illits6tesome pcqlion of the WA.. 1.36 &;ecifloationv-Those. portions df tlie Contract Documents 6gnsisting of,written technical ilcmi-irnions of invserials, cquipment; cons"Ld6ri 4,qs; cmst. I andards'and workmanship as -,applied, to the. Work' and. cmiIih administrative &Lailsaliplicablei thei-clax 137. Subcantructor-An individual, firm orcorlioration haviKg a direct ormatict with CONTRACTOR or with any other'Subcontfmaor far the perfermance,6fit . part of -the Work -al the site. MR. Substmitial Completio*-.Thc Work (or a specified'pan thereop -his progressed to the point where. in the 0 O11Fpnian u FN61FR, - as "tin" by ENGMER's definitive certificate,- of Substantial Completion iris suf ficiently complete. in accorddrice with th'ecootsact Doi;jments:so-that. die Work (or specified part) dui be utilizid for- the:;purpow-s Nvh'Ch it is _ inten&d; or if no :such oer6ficiac is issLdd, when the Work' is complete and ready for ,final ,payment as mi&-rIced by WGINFER's %,rittw- recommendaiti6n.of riml payment in accordance with paragraph 14,131 Thi ,terms "subsuattially crimolete" and, _"substantially Completed* asappldd'to all or pail of the Work refer to' SubstamialricimpleLion theneot 1.39. Supplem"taly Colditiam-The part' of. the Contract. DOCUITIC1113 which amends or stippleintints these, crateralCuriditiuns; 1.40. Supplier -A manufacturer, supplier. distributor- mater ialmart or vendor having a direct ciintnii:t, vnLh: CONTRACTOR or with any Subcontractor to -finnish miteriiiis-orequipmZmt to be-mccryi6rated in the Work by CONTRACTOR orany'Sub.ocintract.ar. IAA f4idergypund,raciliVies-All .6ipelines. conduits, ductsciblcs. wires. manholes. vuul'Ls, tanks,. turmels or 6ther such• facilities or, attachnicnits, and any'encasements co . niturang such facilities; which have - been installed PrAcrgrou�d to,farnikh atV of the following Fr%rices or materials; electricity. SaZm, steam., liquid, petroleum produces. telephone, or Other communickiorm. cable tclevisidnt sewage ar!4 drairugs rixn&aL trafric,a. other o0krol systems or water. 1.42; Vint PA.ca fPlo.4-Work to bi paid for on the basis Of UniL prices 1:43; Work -The •eriixii completed Construction or the various separately, idCraikable - Part Sithercof rcqW'rcd to -be furnished uncla the Contract Documents. WorkLinduiles and is' the result of pcifibrmin" .' --f I d gor urnishing- abor.an furnishing and mom h-N materials ateriats and,equipment into the construction, ffperforming or furnishing services and fiirnishing 'dochmet is. all as required by the --6itrhct Documenti 1,44: Mqi* Clw* Dirvcdvv-ik written directive to CONTRACTOR, issued on or after,the Effeciive Date of the Agreement and signed by OWNER and recommended byy EN�GINEER, Vhlerifig'tiri aidditic ' 4 'deletion or revision in the Wort,or -responding to differing. or untbreseen physical canditions under which the Work .6. to ba performed as progided in pamgaph4.2, or 4.3 or to emergencies under paragraph 6,22.3. A' Work bmrgc Directive will hEA range the Contract Nee or the Cbkract Times. but :is eviddioc that the parties- expect that the change d1ricti:d or doia'diner6d by a, Work Change Directive will be uncaMated iii 6 'subsequently issued Change Order following riegorikions bythe parties as to its ellect,if any, an the Contract'Price or Contract To'& as provii4ed in pa'h#aph 102 1 .45- 91ritten Anxm*mnk--A written amendment of thc Cordract DoCumaii4, 'signed. by OWNER and CONTRACTOR on or after the Effective Date of the. Agreement and normally deMing.with the,nonerigiheehrfg or nontechnical rather than strictly coiim=tion-related- aspe4its of the Contract Documents. ARTICLE: 7�PkELAJINAkY MATTERS Delivery of*dW. 1L Whem CONTRACTOW delivers. the executed. Agrceradrits to OWNER; CONTRACTOR, shall also deliver to OWNER such Boijds ai,.00KRACTOP, may be'required to furnish'in a'ecordsincewith para&aph 5- L Copies of Documenlx? 22, •CilVNERshaUfur is to'CONTRACTOR,uptot.en copies (6rilless otherwise -spedfiad im the Supplementary Conriittons):of thd`Con1r'acL D-06umefits;as,are-reasonably necessary 'fiuthe exec6don ofthe Work. Additional Copies will be furrILLhea I - - upm request, at the'cost of rcp!oO46ticn. Commencement of Contract Timav; Notice to Proceed '. The Contract Times will commence to rurron the thirtieth day after thiPffective Date.of thp Agreement,'or, (1990 ECOU611) WIQ-ty OFFORT COLLIM MODIFICAMNS (M-1/2000) if a Notice to Proceed -is given. on the day indicated'in the Notice to Pr&eed. A Notice to Privee-davay,be given -Fit any time within tty daysin Cr. Ilk EMclivc Date of the Agreement.-4 Le %4-lh GBF48GI TiM N ammo H00 18 Mi. J-16F pent. oE-the4 wh" Starting Me Work, -2.4. CONTRACTOR shall start to perfom-the Work On df-c dife when.the doiinaclfu*,mis:c� orn, mence to nat, hut ntn'Work shall be dam at the site prior 16 the date on which the Coriinict Times cmmc= to run, BeforeStarting Construction: ` each part f •the Work, Lull} ; UY anYConipan: the cheik acid 'verify 'pertinent and all applicable field FOR shall *mptly report in conflic4 error, -ambiguity. .or LACTM may discover and Yrcmfion -or clarifimti;ri-from ling: With',any W6rk affected tCfOk stall not he liabli.to r faduid toseport any cotact, ' In the xepancy Conitict A(7FOR k3icW.:6r reasonably- I.t). , of,the Within ten days after the Effective'Datc. Agreement (unless otherwise spicifiid in thc?-016n*l Requirements), CONTPAC77OR shall subniit- to ENOWEER for review: .2.6.1. a preliminary progress schedule iridiciating die times fnurilbers ofda-or dalti) for startaig;and oompleiiij the vailidpUs.sunges-or the Work, including My Wtestones sp C aied t in the Contract Docum-e'nts-; 2:62. a preliminary scheth6 of S6pDiawing and Samole - submittak. which -will' list . each requjred submittal and'the times fccsubmittirj: reviewingsa6i,a j5ii=essin uch submittal-. , g!ii � - 2_ 6.27. 1 - In. no rase -will a --sdiEd6le be accgZAble which allows less than 21 cidendiir days for each review by Enainetr. 6A A prelim inmy schedule of. values, ffir � all of & Work which will include'quantities " prices,of items aggregating the C061rCt. P,,,,r .and ,will subdivide the Work into component PanI iin MTlciea detail to serveiis thetitsis for, progren,paymepts' dtuing edosituclion Such prices will include, tin S4- - , appropriate amount of overhead and profit applw'ablc- to cucifitcat of Work.. 2:7. Befbrr any Work at the site is suirtoLl, CONTRACI'ORIaQLO)AN61F shall eke aFheF M, oplcs� to =,9C1FiAVz41!0a certificates - cat , of insurance (and other evidence ol"insimance- 'whish al- inswed riR]; _ t reauesteil by OWNER)-, which M a Is required to, a, purchase and mairagiiiii m,_ acenrdnnrc with rar-avviplvi 5,4.4:64r#,7; Prieconstruction 17onfevence.,, Vithintwenty.,days after the Contract Times start to run, but before arty Wgrk at the site is started, a conference aEruled by iM' NURACTOR. ENGINtER"aiid o"&W2S BPPMP-naw will be held ..to. establish a working undirstanding amongthe psru�s as to the Work and to discuss the schedules referred to in, paragraph 2.6, procedures f(W 'handling Shop DraMt*s and oth6T submittals, processing Applications for Payment and maintaining required -records. Inital(VAccepawe Schedules. 29;. Unless otherwise provided . in the be held to review for acceptabilityto LNGINHER as below the schedolus.' Submitted in acccrdar CONTKAUVOK shall have an acILlitional ten days to make 6offectums tmd'4dju!;tmients and to complete and'resubmit the schedules. No progress payment shall bc,made 'to CONTRACTOR until the schedules are submitted to and acceptable to MOMM as pfovided. below. The progress schedule ,will be acceptable G) FNGTNFER as providing- an orderly progression of the Work to completion vVithih iiny specified Milestones and the Conrtsct,Tirres, but such acceptance will neither impose on eNGzTEk ' resporisibility (or the sequencing, scheduling or. progress of the W6rk nor interfere with or relieve CONTRACTOR liban CONTRACTOR's . fo.1 responsibilii), therefor. CdNTRACTbRi Schedule of Shop Drawing arid Sample submissionswabeaccepiable EP ENGU-TFYR as providing a workable arrangement for, reviewing and. pr�cessing the required, -iuhniaals CONTPG ' k&.OR's schedule of valties'Will'be ncceptaSlic.tci ENG=, RaS,6if&di iridsubstanke. ARTICLE 3—COINTRACT DO( UMEiNTS: UNMIrl- AMMLNG, REUSE intent 3:1. The Contract Documents comprise the, entire agreement between O%ViJM and CONTRACTOR concerniiig the.Work: The Contnict Documcrts are: complementary: what is qall6d for byone!is as-bindirij as if called for. by all. The Contract Docmnents will' be amstrued in accordance with'the law of the place of,the project. 32. If is the intent .of the Cofitract Docimients to EicDcbExumcoNWnoMi!i(p.sOI)vSdifio6): WfC3TY Ole FORT WLL.Jzis M0C)*j`C,A't10NS MEV 4,704101' describe a functionally complete Roject (or part-thereol) ,to be constructed in accordancewith- the Contract DocumcnL& Any Woik-matcrials or equipment that may reasonably be inferred from -the Coritract Documents or from prevailing custom or trade usage as being required to produce the interided result will tie fitnushed and performed whether or not.specifically callid fik.. When words or,phrases• which have a wellXnowd technical of coristruction industry i-or trade meaning are used to dcscrib�, Work; matcnial:;,or,iquipmcnt. such words or phrases. shall be interpreted in pcc6rdamce - %�ith that - ,MCRTIM. Clarilications and mterpretshons of ihet&i"Zi Documents shall be ikwed by ENGINEERasprovided' in paragraph 9A., 3.3.; Referin ee: M 49tandardt' and Speciffmdons - of' Technical , Societies, Reporting and Resbiving- Dikrepander 3.11: Reference, to Standards. spqcitications,. MUMILa. Is or-loodes of any technical socieLy, orgarnzation or assocuitinn,or to the'Lown or Regulations of , a try governmemal, authari�yi whether such rakc'mc -be specific: or by implicaticiry sIvill mean the latest standard -specification . manual,- code or taws or Regtilatioriiin',cffectattifetune ofopening ofBidi(or, on the Efr&tivC73dt6'6f the Agroement'i f thine were no Bids). except us may be otherwise specifically Stated in the Contract Documents: 112. If during the performance of -the Work, CONTRACTOR dii%.*crs any conflict, error, ambiguity or discrepancy within the Contract Documents or between the; Contract Documents and any provision or any such Law or I Regulation applicable to.the performance of the Work or of any such swridaril, spiciticaticr, manual c code or of any. mstruction of any Supplicr*relerrtd to in paragraph 6.5. CONTRACTOR shall report it to ENGINMR. in writing` at brace, 64 CONTRACTOR shall not pioc* with the Work affi:rted thereby '(except un_ an emergency as authorized Iry parap mph 6:23) until an amendment or supplement. to the Contract Documents has been issued by one of the methods indicated in pamgraph 3:5 or 3.6; ivovi&,L Wowever. that CONTRACTOR shall not be -liable to OWNER or ENGINEER for bilure to mport a4ch Csucriflict, error, ambiguity ' Or . discrepancy. unless- CONTRACTOR knevV or reasonably ShY-41d. have known thereof 33;1 Except as otherwtse-spM,ificauy Stated m the Contract Documents (it es may be vided by amendment or supplemcni-th,ereto. 6isl Wgc of�the; milhot1s, indiinitecl. in pri . mIT. . tph-3J.- or 3-6, the prov . isions of' the Contract Documents shall take pre6�deqce in resolving any umbiguity or,d=cpamicy,between the provisions of the Contract bacument5 and., 3.33.1. the provisions of iiiiy sit& standard, specification, manua L codcor instruction (whether or not: specifically arcorpmated by rclercficc. in the 3.3.32 the provisions of any such* Laws -d Regubtions appllicnble to the perfoanninice of'the Work (tirdeiss' such am, ihWrprdaficn of the provisioni; of the Cor1ract Documents wouldresult in viobfion of sdch,Law or Regulation).' No provision of any -such =rKkrd, specificadon', manual code,or instructibn shall be.cf[ective to orange Lhedutitis and', rcti?onsibilitias' of OWNER, (70NTRAcrop- Or b-NGINEFR;.or any of their subcontractors, consultants, agents or employees firm those set forth ;in the Contract Documents, nor shall ivix effective to assign to 0WNl3R,', 1, or performance of the 'Work or any dilly y or to undertake responsibility moom'slent with the of paragraph 9.13 iii :ary other prowision of the 3.5:3: a Work Chiipgit Directive (0irsu.iii'm to paragraph 10,I), ,3.6. in -addition. tfieL-requiiemdnts- of the cOritrAct Documents maj, b6 s4lin-mented.. and minor yan"ations and diwiationi in te'Wok maybe itthofied;'ina'- More of d0T0dawiU_Vw3ys: Or 3:6. L Afield _Order (pars O;anttopam 3.62: bqGMM'i a*oval'of a Shop Drawing or SEZ;ple (purit�t -to, j;irijgaplis 626'and 6.27�.'o� 3:63: M40MERs written fnterpretation or clarification (pia-mant to pam written I mph 9-4) 'Reise of Docuintents., 3.7. MINITRACTOR, and any Subcontractor. or Supplier- or other parson or -organization Worming or- furfLimig any,of.the, WOW finder 3.,dircct or indirect contract with OWNEiha R () shall not have or acquire tide to or owncrsb�re any ip,n .. in any of. the Drawings, Specifications. or other document-. (or copies of 'arry thereof) f,re red by or bearing thesoibrif UNGINFER-or ENGINGE Consultairk'and, (ii))•shall not raisc: ury, of such Drawings docurnents 4 copies en. '0j: withoui 'written c M'3= dspea.lic written verifi6tion or adaptation by"KNUTNEFFt 3.4. Whenever in the Contract Dbmintern the terms "as. ARTICLE 4-AVAILABILITY OFLANMI- 6hricied%, "as.directed", "as roquiTid% 'as allowed', "as SUMURFACF AND 11MIC.AU CONDITIONS;' approved" or termsoflike effect 9rimport are Awdlorthe RFFMFANCE PtjlNTS,' a4jectNes "reasofiabW "suitable" "acceptable", "pr6per," du 'sitk:kt-ory' or adlk-fives of like"offe6t. of import "% a used to &scribe 6 fiipiremcnt, clirectiom' review or jOincnt Of Cih'CINLGl2 Work, :Jlisintended�ftt. . be ..4swilabiM, Pf�ands: SO r c On, review or judgmem twill' Solely evahiate, in gei mL the completed Work for 4,1,. QWNERshall furnish. as indicated in the Contract compliance with die ements of iniian'iritha Documents, the lmxb;upcn which the Work is . to be Contract Documcntii and coi6rmance with, the -design performed, rights-6f-wity and easements. for access doncept of the completed Project'aii; a functit6ning wMe'as thereto, and such other lands which are- deiignated for the shown or indic6rea,ittthe Contract Docurrehits, Wess"there use of CONTRACTOR Upon-ressonableA�nato-fique;-zt; is a, s�p&i.fi.i -staterfientjnklicmi rr", Otherwise)" The, use or CAVNE4 sliaill'fiwi%inh e4qbgj�_;r QR jiAdl ft any such.term or adjective shall n&, ti effective to ri&q�p to ONGMER any'duty Li authority to supervisaor. direct the btiiils�upon, flunslimg 0r performance e of the Work or any duty of �m.e QWNER4-trlat*the7t authority to respoort&ibitity contrary- to thi provisions of phiagi2ph 9. 13 or ;my 4cr rinwisioh'of the - - - ReilaMnRia' with. 461-in—g6l-A I-Ri-mg , M'_ A R - W 11 ."Uffitm-, Anwnifiiag and Siipp1"enting,Cvn&zzc( D6e vtw 3.5. The Contract Documents inky, be- amended to rwovide fiir,additfdns; ddeti6rs,aiii! revisions in,'that Work Or to moddy.1be terms amid aondlitions Lherc6f in one,ur mete of diePflo*ing.ways: 13:5.1., a kormal Written Amcftdirient,. 15 . 2 a Char* Oriler (pursuant td par ignmph 10.41, din WaITY of; FORT COLLIMMODIFICATIONS '0000) OWNER shall identify any encumbrances or restrictions not Of general applicaticii but specifically related to use of brads so furnished, 4iih which CONTRACTOR will have to comply' ' in' perlbrr6ng'the Work. casements fbi .permanent structures, or permanent charkiies in existmi-I otherwise provided' -in the Curitnict; Documents. if coNTRAC-rok. aw, OWNER' are unable to tigrce on Utisiments" indic Contract Priceor theContracs Times tis a result of any deby in OWNER's furnish- th - lands. fi&wf- way or easemenis. CONTRACTOR may make a claim therefor as provided in Ar4cles 1), and 13 51 C.ONTRACTOR.shall pr&vide for all additibnal Ifirids and access thereto that may be required R* :timfxymty, Ponstruction facilidd -or, storage 6f%mitcrials mid equipmem. 42: _%iftUYjrace and Phii-OCO Coif0tiosw 4.2 ' 1. deportsiind Drawing's: Reference'is made to the Supplemditary' qmditi' 2for identification of., M� 4.2-1-1.-. Subs7uf9ce Cnn&s(mis- Those reports of- ons e:xploniticris and tests of subsurface c�diti it or Mt, the site adt have been, utilized -by . thc,contracL Documents:. and 4 preparing 4.2.1.2! Physical Conclitions: Those drawings of physical'candi.ticinsin, or relining to cmsting surface or subsurface stiticturcs at or contiguoLLi to the site C(_rcqV- Ii.r1youtid , Facilities), that hive been utilized by EN'r GINEER ... in panng pit the Co&rad Documents: 4,2,1 1,bnired Refinvice by Techmca'VV�ata: _CONTRACTOR -mayMly upon the gertarallacuiracy of thE "technical -data" dontimed in such reports and drawings, but such icpcm- and drawings arc not Con tracL Ddiume'rits.. Such "technical data"'is identified in the SupplemcrawyConditions. Except for such reliance on such 'technical data"i CONTRACTOR rnay.not rely up -on or make -any claim against OWNER ENGINEER or any of ENGINEFR's Consultants with.icspcct to;. 42.2.1-_ the complctcncss.of such'Tellorts and diw4inp W CONTRACTOR's lictmosei, including, but not, limited to, anyaspects of the, means, methods, techniques; 'sc'quenius and procedures of constroition to be -employed by cbNTRA(Ti5pt ami safetyprewu!i6is and programs incident thacto,.,or 41.22). other data, 'imcrprctations, opiniores and information contained -in such reports of shown is indicated in.,woh drawingsur 412_3_ any CONTRACTOR irhteipretiuidri of or conclusion drawn front anx 11 technical dais". or eery such data, interprelatiom opinions or 4.2-3*: M-ofice of Dtffer*k Subiwj race or Physical co,irfirions., if cxxvmActbR believes that any subsurface or physical audition at it crimigubus to th6sihq th2t is undrivered or revealed either: 4.2:3.1. is of such,a nature as to establish that :ny. chnical data" on',whhcti CONTRACTOR is ntitied, to My as provided 6 piaragraplas 4:2:1 and 4.212,, is of such a -ruiture as to require a change in the Contract Documemk or 4T 33, differs materially from that shown. or EocDcosNtaALcoNurnom im-stiOu E(Wao- vitcrry mrop.T wLuNsm9D*j'C_A11GNS (IT-V412100())' indicatod'ih the CbmactDocurriviLc , or 4:2.14. is of an timmml,nature; and diff&s ffiateriAlly from, 6amlitions ordinaigy encounter&I mcogiii';wd ,Hs- hilicrent in work if character cracter provided. ifor in the Contract Documents' then. CONTRACTOR shall, pFemptly immediateafter becoming aware thereof and before further disturbing 'conditiom affected thereby or pc7fomung any Work' in connection LliciewA '(except in an emergency as Mmitted by parsgraph.6.23), notifyOWNER- and GINEER in wrquil;, -about such condition. CONTRACTOR shall not finither disturbstich conditions or Pc6F71 aTWWork incorkhoetion therC1ih (CCCIt as )untircoeiptof'wriitenoiert6doso. ' 4.2.4. ENGINEERi Review. ENGJINEER will piomptly review the pertincrit.-conditions, determine the necessity of OWNER's oblainirig additional c.,qi1bration, or tests with respect'th-deto and :sdvise OWNER in writing (witth a oopy to CONTRACTOR) of ENGINEER'S findings and conclusions. 4.2.5. PosObie Contract 'Documentr Grange: If hNGINFER concludes that a change in the Co-fitract Docutitents' is riquirLd as a nesuAt of a condition that.mects one or more of the catp&ies in parujraph 4.2.3, 6 Work C Diroctivc or a Change Order Will he issued. as frtgeed in Article 1.0 to, reflect and document the .consequences of such change, 4.: - 16. Paprole Price wd 'limes difusmqntr An equitable 'adjustment, in the Contract. Price or in. the Contract Times. or both.,will be,allow4d to the enent that attic Cxiatcricc of'Such,uncov&ud 4 revealed condition, causes an increase or decrease:in CONTRACTORS cost of or time required for performance oC LheWork: subiect. however, to the following: 441.6. 1 - such condition must meet any one or more of . the categories described in foriigm ,phs4Z3j1 th rough' 4-2.3_Ainclusive; 2.62:. a chaftLw in'thi Coiamet D&uffienti; pursuarit to .paragraph, 4:2.5 will riot be an' automatic authorization of nor a condition prS?cdcn1!o, entitlement to my such adjust;mt; 4.16.3. with roped to Work that.iii paid fair an a. Unit Price Basis, any udiustirtent in Contract' Price will be subject to the. provisions of pa I ragniphs; 9, 1 0.sW 1 1_'9t ind, 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment *in the Contrut'Piice orlinics if; 4.16A. I CONTRACTOR knew of the existence of such conditions at the time C0NrRACf6R_ made a final commitment to . OWN1 BR in respect of .Contract Price and Contmet. Tim+s by the subalissicin of 6 bid'or, becoming,b6imd miler 8 negotiated contrficr. or, 4.2.64.i the -existence of such condition could rciscriably have beendiscovered.or rev6led'as aresult of ,any; investigation. c.x p loritiori;, test or study of thi site and contiguous - arias :-required by. the Bidding Requiixemirds c"fConmict Documents to be 66idu cled by 'or for, CONTRACTOR prior to CONTRACTORs making such final, •6ammitmem Sr 4 16:4.3. CONTRACTOR failed to ,givi thc'writt6h notice -within the iiri)c and 4as rNuired by puragrapli 4.2.3. 1COWNER-and:C014-fRACTOR are unable to agive on entitlement to or as to the amount or length of any, such equitable adjustinent in t - ho'Co-nuact Price' or, Contact Times,,a claim may be made therefor as proyided in Articles It and 1,2. ')Howcvcr,0WNHR,,HNGLNhER and ENGINEER'S Cofisultam khalP not be' liable- to CONTRACTOR fix my elniims,'cosin: lomm or damages sustained' , CON y MZACTOR-ori'Win wnnecrion with any qt*yrpjt or imticipatcd'prcject. 4.3., Phiisicat'ContfffionF=llnqeqffittnd Facilities. 4.11. Aer4norin&nifed:'The infiormation"anddata: shown or.indicattd, in. die_ ContracV,bocurnenis with re spect to existing Undergo - und' Ficdiities at or cantig unusjodic . site is haacd an informatioWand data hinnished to OWNER. rw"EWGV4RFR by the owners or such Underground Faci�lifii:s or by others. Uides6t is othci�visc e.Vressly provided 'in Lbe_ry ,Supoleftipn��r conditionsw, 4.3 LL OWNER and ENGDTEER "]I n6t be responsible f4 the accuracy of o6nipleten-e-ss 61'arty such information or data; and 43.12. The,cost ofalt of the following will be included in the Contract PriceRrk&CONTRACTOR shall have fidl responsibility for. (a) reviewing and che4kin , gall such infiarrhaiion and data. (u) locating all Underground Facilities shrL4n or indicated -M the Contract, Documcrd%(i4) coordination of the Work with dieoN%Tners of i%icb Unde'rgound Facilitici during oo ctiM and during . , (iv)the aafety, and p -t n-iof all such. Undeirgrount! Facilities as rotee io , n provided paragraph 6.20 and repairing, any damage thereto r' 4.32: A1ct*Shv*n-or1hch'cwe& Ifair Undergratind Facility is uri6vered'or'rcyealed At or:c6ritiguous to the iitewhich was not shown or ii-idicared in -the 6ry becoming aware thereoflifid, be _ e art ci IMMCOENEKALCONIXTION13.19104 (19911EMm). W/ CITY OF FORT COLLINZ MOD11`1CATION3 (REV .1/2 - 0130) give written notice to that owner and to OWNER and, e4G1NEER_ ENGNEER will promptly review the Urt�krground Facility'and determine the - ocent, -if any, to, which a. change is rc_qi ircd in the Contract Dbcumenis 6 rrflec[*and docitmad the c6nscquinces of .the existence of'.ttie U 6nd Facility. .If in Article 10 such time. CONTRACTOR shall be respoi ihe-'s-ifey and protection or _such Uri Facility as. Ided . M. pmgr CONTRACT may, be allowed an ir the Contract Pr 6.6 ilim an extension of the to the ockence of any Underground FucUity that was not.shoWn.or iridicated ih the -Contract Dodumeno not reasonably have -borimpected to be aware of or to have anticipated. if OWNER and CONTRACTOR are limble to agree on entitlement to or the amount or length of Any such ad'ustment in Contract'Price or C PRACTM,may, make a claim rhcrcfcr as jinvided in Articles I I and 12. However, be lia.ble.po CONTRACTOR for osses: ' or damages incurred or ZACTOR'on or in wnftccficn Reference Pointe :4.4- OWNER •ftl], provide crigincering sury . c ys to establish reference points for construction `which in ENGINEER's judgment are to enable CONTRACTOR th, "procced necessary •,,, Work. CONTRACTOR shall, bezrespawblafor laying ,out, the no to ENGINEER whenever any is� lost or. destroyed or requires relocation because ol necessary changes in grades (r, locmi6ns, and shall be reTopsible for the accurate replacement or nilocationof such iefenince points Icy professionally quaHed Personnel. 4.5. &brslex, PCft Pi&oleum, flaziw&us Wade or 4.5.1. •OWNER' shall be responsible for any Asbestos, Petroleum; Hazardous. Waste or Radioactive Miitcrial uncovered or revealed at the site .Which was not shown or, indicated in Din Wings, or Specifications or.identified in the' Contract Dc4urfitmts to N witfun'the-icope' of the Work W which may pr6sent,ii substwitial dantgcrjo pasicna or ity C*cwa thcrctu'in 6ofinection With the work site, OWNER shall, riot be rmliansible for any; such materials brought' 'to- the site: by mr,riR.Acs rok, ukor&ctom Suppliers- or mycpt� I else for -whom -CONTRP�aOR is r& q)onmbl& .7 ARTICLE 5BONDSAINRINSURAINCE; Pgrfornuznce, Payment and Other. Bona1v 5.1. CONTRACTOR.shall fimrish, Peffiamance aril Payment Bonds, each in in runouftt a-t.least equal to the Contract Price as security For. the faithful perfbrrnanc_ and cu i of all, CONTRAC1`0Rs o6figat 'uridef the :Contract - Dornerns, Them sh all oll r Tns emaih in effect at le"s i' until 'one . yC'B*r ia'fiertlue ltewW%M r011 p'rr')',m"e'nt becom6s due, e,,ccept as provided otherwlse,by- Laws or t Regulations or by the ordrict Lx)c=erltl CONTRACTOR shall, also Fumi such cilterSciids'as arc required by,thesupplcni6fitiry Concliticini All Do" shall be . in the! lbrm - prose . nbed L�, the I Contract I Documents:I I 17- - 'dod othcm-isc'by Laws 6'r Regulatiorri an Id x tHsPMvr abc emcutod by-suefii sma'Do .as are nartied in the, current list, of 'Cbmpanic . s . H , olding - Certificates of Authunty as Acceptable Sureties 'ph Fideral-Sbnds and as Acceptable Reinsuring. Co-nipahms , as puNtshed in' (amend4 by - thd Au&'Stiff, BUTMU of Goverment Firmncial Openitions, U S "N i !eamry Department All Bonds signed by an agent must be accorripanicd by a certificif opp*- h -ofauc: agent's authority to act 4f, the surety .&n, any Borkl furnished 69 coNTRAcr * ok, is, deciared"i bankrupt .6r becomes irmolvent or its rig?d to do busidess-is termiriated,in any state whert any part of thc'FY9jid is locatcd.&Itceases to racet"the'foquirem6nts, of paragraph 5 1 1, CONTRACTOR shall,--ivithin ton days thcrcafter substitute another Bond and surety; both orwhi-ch M'U-i bc'�-cptabic to owNFR. .Q., Licensvd -Surifiev - and insurers: , G ertifica!q of 5-3.1, Ml Bonds and iiisurance, required -by' the (,Sirtrw Doa.anorgsi to be,j*i'rchased "and mauittaued by QW14 M- ci. CONTRACTOR 'shall be, oksiin6d from surety or insurance companies t1tat are duly jicenscdi or autfihiriwd in the Jurisdiction in which the Pr6ject is located'to issue B&jds or _U='xmncc Policies far.thaliffii and cov 'es so required. Skh iurety ind'ira nsu- -e- CoAi es shall. also meet such additional itquirem arid qualifications as may be provided.in 6.0 Supplententary ccnciitiars 53'3 coN*rkA&oR idrall delivei to owNrik with copies 't6each addiLioral"uL'w-edidentified inthe SupplemiinuLry.Cons fitim.%,Catiricates of irmanix (ard other evidence- of'insur-unce requested by� OWNER or'any. other- add[ificnal insured) which CONTRACTOR isre quar m aw-ordance with varajffarih 5.4, GV#WERshaH W=ofiNutALcoNWnOi4 Ot4-3 OsOwEditim) W CM OF FORT (.OWNS MObIFICA'nONS (R-MI 4 /2. 000).; %M,%TP,4CT0RIiIiabIfiiY Inswanci.- 5A. CONTRACTOR shall litith use and rfisintaiz;-such lialsib d ' - 111suiam'e-a . s Is a p_-p lit-C fiq'r the-AtixIc ty at i Othe"and ftirpiahed n7 being. refform4l I - ni . as. will provide of - or, result fixa CONTRAGrOR's ged'dimance and fitraishirg of the Wctk and CbNtRACTOR's cth& obligificiris under the (%vitract Docum'cnti,whetI isAu be performed or * furnished by' CONTRACTOR; Rny 'SubxmtmRorxi7 Supplier. or ley anyone dirilaycr indirect employed firy, any,of1hern to perform or Jurnish any of it Work, or,by anyone -for �vhusc acts'any Of them may be,hible-, SAL ulauns, under workers' -compensation. disabifity benefits and slier -similar cmplo )-cehene-fitaCu" 5-4:2; claims for dimages hecause othodil iLinjury._ OCCUP8110FIEd Sicess or kridisease., or th of CONTPAC-r0Ws employees; 5s,$A claims (bi darriapas becauser of hcxfily injury, stckrum.orAisiew,cedeath Cvf` artypir.wricithir,than CONTRACTQR's M,ploygT. S-A Dymeat-b"Pa son -by reasm 5.4.5- claims for' damages, other than to the Work! itself; -claims' of ir�iiry to or'destruation of thngibli pr6*n I d, y w.liaever'L ce inclu ing loss,. 6F.uw resulting thmfrcrn; and 5A6. claims for damages because of bodily injury or death of an)--. person or property damage arising out of the _qvvncrsh.T, rmiiida nce or use of'any motor vehicle The pokies 'of iisumn'ce so I required.b . y,this paragraph 5:4 to, tiePutamsed mid maintainad 9MI1: 5.4.7with, respect to insurance required; by• pa age I _r* 5.43 through• 5.4:6 inclusive and .5.4.9 include. asadditional irmuedc. (subject. to• any ie respect, cif pro - ressibiial liability). OWNER- ENGINEM ENGINEERs Consultants aiid any other:persona or entities identified in.the SUPpleMCTd2iy'C0ndiii6M'all of whom shall be lived as additional insuieds,. anti include c6vemie for the..respeeGvc--6fficas and -leffi.ployces, of -all such SAs. malude, the specific coveragcs,und be,written for not lcsi than the limits of liability provided in the Sbpplerficmary �Cchditions or required by Laws -or Regulations, whichever is greater, 3.4.9, include complef_ed.oneritioms insurance;' W/aTY OFFORT COLLINM MObIF-ICATION3 11tLCV-In0IYj) 5.4-10,includk contractual, Iiiibility insimm�ce: covering -CONTP A Mit indemnity obligatiors Ig.under paragraphs6 6.1 0 and 6.31 through 6.31, 5-411, Coritami a-provim'on M" dindorsem coverage affbrdcidwill not -be cancelled changed or renewal reftised until at bast En IV written notice has bc6.g" cn to,O ,f insurance has btenissued (and -thi of insurance hu-nisheid by the DR pursuard to paragraph 53.2 wib so remain in,effect at least until final payment aril at all timesdicrcaficr when CONTRACTOR mayy be coirectu*Ig-, !emcivi or replacing rZ_&C in accordance with paragra W ph 13:1 tl- and 5.4.13; with respeict to c&npleted' operations insurance, arid any Ans.urahcc coverage written, on -a claims-madehasius, remain in effect for at least two ycam aficir fiml paymcnf(and CONTRACTOR shall ftirniiih *OWNER _arid cack otW,• additional insure'd idetitified•in the Supplementary Conditions t6-whoffi, acertificate or. ihswmncc: hiis been • Nstreol evidence satisfactory `to OWNER 'and. :any'such,* qddkti6ml .insuird, of continuation of,such insurance a.t- final payment and one year thereafter):' 0W7VE7?'gLiahiUtj1 Insurance., 5.5. , In addition -to, irtsurance-requirod to,'be provided by CONTRACTOR und& paragraphs a, OWNER. at. OWNER's o'lAimL, mu'y pm"hase and •maintain at OWNER's experiscOWNER'i own Habihty. insurance as will protect.0"MR against clitiffis Which M61Y HKW from opera tions under thee Contract Doctinients. PMpeM,Zns-unznce. and—mainuan I be:—PtWid9d_--in—tha ENODMER4 GensAlt,in ff�eii pip] BF s�l -feFffl 46-t Shag al�ltiasl inelude k* iMMA lefig Ef fRISeW6 the AW, 58 9 � the-mpsir- or -aliargeq of 5.9- OWNER shall not be. rcq=sibk for -purchasing and maintaining any.property insuruncc to protect the inter.ests.of COP47RACTM Subomdutcis tv othirs in 640—U-G9W - . -�W�fnl t- i—' hu a-d i-n 1-h IL41Y 5.6- :7, Q%krNER shell 'fps Ne Mll .1 quah rl 10 FXDC (3E*Y.AL.00NIA'n0M 010-S 0009(WOM� wIC11Y OF FORT MUIM MC.)DIRCATIONS ME%'4(10(.9)Y 541.1 In ��A' ywlw- -'r -*hts urisut�euFoF'eFtc�setkirigGoai-ffra.edc�E}SerrpeFlF ---- %i hadw i-tw- nel4n 9Htld�b GWNT%R,- and ... . ... ...... lWMM", WMA, -jw-iffim� 9R PiGW-1 1!� It SMG&S,, 'Receipt andApplicadoor ofInsumnee Procredv. S. 12. Any'disured loss under the p-oiicies of insurance required aragraphs 5.6 and 5j will be- adjusted with OWNER!zrS' made payable to OWNER as fiduciar 'foe the -insureds. as their interestsmay, ay',, appear. �stdiwt t6 the' jeq _ircfficms af'Hp)-.apOIib6k-,mo" e dquicand of peragaph 5:13: OWNER- shells deposit: in a separate account any. rn-orw-y•s,o reoeivedandrshall distribute it in acc6rUancevith such ig=mcnl as the pMt'cs u"i '"crest rVidy it-ACK If, no (A; special agreement is reached tfie damaged work. "!.be repairedor r�piaica, the moneys so received applied on acuount,thercof and the Work and the cost,thercof covered by an appr-ophiate-Changc Order 6r Written Ami-mdatent.. ' 5. 1 j: OWNER is fiduciary -shall h0c power to adjust. aftcl-mala, , any loss wi I th the. insueers unless one of the, pgrtics in interest sWI oljvcit'in,wriith jq wihin fiftech1days after the occurrence ofJossi to OWNERs.exercise of this, power,. If such objiction,be mndc•'OWNER"a% fiduciary shall make iculemleru with thc'in=crs in accoidance.with such.agrecm- - tent as,thc parties' in iracrist m'.ay_.reacf1 If no such am�icmcnt_ among Lhelparties in,interest is icached,, insurers airy Acceptance nfllondk and fft=rance- 0 pdon to Repfacc 'Completion of all theMort, such use oroox6pancy may bi accomplished in accordance wiih paragraph 1411 Q vided thit no such use or occupam-slap' commence CIO before tfit�insurers.pro I v in y idi_ g the "perty-insurancc have 4cliziow1c4ed:63tice ihereof acid in wri4ng e6cied may chimies 'n'cov 96 e"."tated. thereby The irkir-M providing theproperty insurance.,, shall consent by endorsement -on the'riblicy of cles, but the. imirance shall not be cancelled permitted to =1*On accot" of u . nysuch partial use oroccupan�y;. ARTICLE, 6-COJSiMA!:T6IVS' RESPONSIMUTIES'. Apeni.sioa and &permteidence; ,6.1. corfl*izAi:7roR shall supej;visc, inspect and -direct the: Work competently and efficicntly, devotina such attention theretb"and'RopAying. such %kills - and ckpirtise,as-may be necessary to perform the WurLdn' 'accordance .with the * lContract Documents. C014TRACTOR'shall henoicly res ponsi�gle F4 the means, methods, tcchni(jiiest sequences and' piroccdurZi construL•fi6rtbut CONTRAtTOR MWI not bc-respormblo for the- negligence ur.others in the design or -specification or ii spe cific means, method. technique. sequence or procedure of cons,lawfi6n whid;iS shown or i ndicated in and expressly required by the Contract L)ocumerits. CONTRACTOR shall 'be reV.ornseeihIc to. - that the completed Work complies accurately with'the Contract' Documents.. 5,14, If -it-h-w Fit*. (A I V . [�IRR GON17RAPT . 6.2. CONTRACTOR's]-oll keep on the Work at all ,OxNrNE has any ubjecticit to the c rvetiage alTordcu by,or fiffics -durins its cdmpctenl tesiticht I prLsms, a coi � other provrisiorilof 6taonda_4 411surInCC M464ed to be superintendent who WWI not'�be replaced without written purchased and rnalntained A. 'he' or. party notice, to OWNER Jrid ENGINEER except under, a exagordina CONTRACTOR bra6cciidanc� with 4niple 5 ty circumstances., 'The superintendent will be of.non-cmfoncnnri&'V_vith the r&traq'Documents� the CONTRACTORS representative at the,site said shall have 6biebirtgparty ,shsU-soiw*-Lhe otKcFp",OWNM will Uuthdrit I)i6lf of CONTRACTOR _All' ry -to act an spfik9PN _CLQ1R in writing within commuru-cation's 0 the superintendent " be as CONTRACTOR. ULA afiew F�ipt 4j]�Wtr�• ;f t W,ccrtiticatcs (Or-otheF-evidence as if given to CONTRA 7 OR 4ab&,�,illatendsand Eqiiipmint.-. 63. i:ONTPj\dT6R sh@l provide competent, suitably qualified personnel to, survey, 'lay ,out mid coristruct the Work as ro quired by' tjje' Contract DoEiments. CONTRACTOksliall at fill times maintain good di line and trier at the site. Except as otherwise N required Kahe safety to protection of persons untie Work, or' property' at, the'site or adjacent , thereto gild exceptas:otherwise-indicated in the Contract iT6�enti. all W&k- at the site shall be. oerformed durinu,reirular &A a Change Ordo shall be issied to adjust Overtime work or the performan . cc of Wcark Sunday or any legal holiday without ()W1 cons . e I at iOven after priorwritten notice tb Fhrtiamdfimjd6n—Nro erry Insimance.- CONTRACTORshall submit rcquesiq to tht to occupy use a 5-.15. 'Lf 61ANER, Ends it necessarynecessaryor no 48 houri - .in advance of Any PerformW on Saturday: Sunday.' Hblidais.i or portions of the Work phor to Substantiali Regular Working Hours. eX-DC(jENMLAL,COND1TiO* . ., J9104 (1990 Edtibn) w1cm Ot;FORT COLLIN-S ?A01.)TICADON9 (REV-1/24300) 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. 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. Rev10/20/07 Section 00100 Page 2 6,4! Unless •othcrwisa , specified in the Gencrali Require - mentN CONTRACTO114tall'furnish and assume full respansibUity for all materiii1sk equipment, labor, trunsportanom construction equipment ipment and machinery, tools, appliances fueL power. liti. heat, telephone: water; sana I nTY facilitics,. tempo -Miry .1kellities And all other facilities and' incidentals necessary _'feu the furnishing, perIdunance,testing, start-up and completion bf the Wort:. 6:4; 1, Purcha illRcswictiu�. CONTRACTOR must comtoly Copy of the resolutions are available For review in, th offices of the Porches= and Risk Management Division or the City Clerk's office. 6.72 Cement Rcstirictior& City Collins Resolution 91-12 1, requires that ra producoers; o'cccr�=amain' gcmem 9_'4 that the Emcnti, not made %FOthat hazardous waste as a Fuel, 63. All miterink Mel equipment shill be of gooct ,quality and new, except as othciwisc• provided in the Cofitmet Documents. �All'--wartannes, qfid tl specifically called' by the Specificitions shall, nuitothe benefit ofOWNER- Ifrequited by:ENGINEER, CONTRACTOR. shall famish satiifaciory cVidcnct (including reports 'df required test:a) as_to the- kind and ,quayty; of materials. grid c4uipifidit. All' materials and equi cril "ll be applied, installed, connected,. irected, user cleared and conditioned in accordance - with iitsgvctiats of the applicable Supplier, except as-otherwMi provided in the Contract Documents. Progress Schedule. 6.6', CONTRACTOR shall adhere to the progress ;&dule established iniaccordance with paragraph 19 as 4 may'.be adjqsttd hR time to time as provided belmy L. contains or is follcaved bywords reading that no Like' equivalent or ithent or. no Suhstitution 'is ,%Z=othir items of material or cquiom6ft or 11 ,,&pi,,f cdte pplicirs.may be accepted by 6. EP utda 'the following circumstances: 6.7.1.1. '19r:-Eiptial"z If in ENGINEEks sole dia&ction an iteni of material or -cquipmcnl pro�,=d by CONTRACTOR is fwictibnlafly� equaltothit reamed and sufficientlysimfilar sothat nu c1iiiiii "iii4 it ma'- y be considered by ENGIINEER'.im an I� or-equa item, in which case rmcw,and approval of'dw proposed ropcisid 'item.' may.. in ENG INSPR's: sole discretion, bi acc6mplish6d- v;ithcitit c6nifillainic ,with some or all of the rcquircincrdsfor. aoccptarick of proposed substitute items 6.7,12. 5iibsMute livnis: If ih.ENGMER's.sple, discretion' an item of maternal' or, e . quipment propbsed by, CONTRACTOR does noVqua*-tis- an . "or -equal" ite . M undep - r subpardpraph 0:7. 1, 1, it will be considered a, proposed substitute item: MNrrRA(:71'QR shall suhniit sufficiere inf4rmation as provided below, to alfaw' FNGTNEER to determine that the item of -material or cquipment pr6posed isessentiMly equivalent to that named and an aeceptablc:subsiiftwa therefor_ Theprocedure for review'by the ENGRIMER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed'substitute items of material or. cquipmcni will not be Rocept.od by FNCtTl*T..R from:anyone other than CONTRACTOR IUCONTRikCTOR -wishes to ftimish of use a substitute item- of material or equipment CONTRACTOR., shall rust - maki - w . n . iten amilication'to hNiGYNEER for acceptance 64.1, CONTRACTOR -shall submit to UNGMUR peiVirm adequately the Kinctioni and achieve the for acceptance (to• the esiint indicated 'in esults called for by the 6eneral design, be similar results paragraph29) proposed adjustments in: thiii.progress ill substance to that specified and be suited to the :schedule that will mot change the -Corunict. Times (or same use at that specified. The application will Milestones). Suchadjusuncrits: will conform generally to the fii6gress. gchedule then in effect and additibnally state the extent, if any. to which the evaluation and dooeptanci of the popmed substitute will ' will' comply with arty, provisions of the Genend, ptejudice CONTRACTOR'achi s evemera of Rcquircmer* applicable thereto Substantial Completion on time, -whether oi. riot acceptance of thesubatituic for use, in the• Work I 6.6.2. Proposed adjustments imthe progress schedule will •require a 'change in any ofthe Contract that :will cha* the• Contract Times (or Ml; . §t*z) Doctai-nent& Car in thC piov isiona of •any other I shall be submitted in accordance with the rcquiremcme; dired contract with OWNER for work an the of - paragraph In L, Such adjustments may only be. Project) to adapt the. design to the pioposed whetheir incorporation use made by 9,C" Order or Written Amendment in substitute and or not or accurdan6i, with -Artick 12. of the substitt" in connection with the Work Is subject to paymentpaymentof any license fee or. royalty. - `0 SubslitmtesanVOnEquaI" Items. �, All vitrim01 the pri"d substitute fibrathat ,specified will be identified in. the application and 6.7.1. Whcrit;Vu an it,im of material of equipment is availableinaintciuvicc; repair and replacement .specified or"dmirib6d in the Co - Atrad! Di5curients,by-, seMcc will be iiidicated- The- application will using the namc.of a PM ri . pni:tmitem on the name of a. also contain an - itemized estimate of all costs or particular or description- is . credits that will resolt.dicictly or iindirectly front, inWrided to iiatiblish the type, function and,quably acceptance of such substitute, includingeosts of required. Unless `the specification or descrip;i6n redesign claims of othei'ontractors affected WDC,GZ*2MC0,%X`n0?a 1910-800419"M)� WICITYOFFORT by the fesu king c hareeall, __of; whith' Will -be Rluang the r may ur . data t- , .the proP0sed_sUlstIfute. 63.1.3. CONMICTOR'i bnsd:, All data,- to be provided by CONTRACTOR-, ifi. supoh of -any. coNTMOTMs ex pse., = 12. Sibitrute coiritruction ul or [flu speZific treammetilk4.techniqui, toner oe Oroceduri of cons-"ctian, ii showivor catpd: in land ekprkqly required' hy:the '(:6ntmct L"CIACONTRACTOR may flarrish,or latib- - _ . �Y_ , , 7,1 ;5uORILatc mcum 'mcuvxL Lm=4uc. sopence-ior procedure of.donstniction.a6ceptable 1-0-ENGINEER. WONT_ , RACTOW"ll.submit-sufficient infiannition4o allow ENQINVER:'in'FNLGlNFFWs sole diacTrcfibn;,ta deteraii""t� tit6 sobs tute-" prqx_ ' wd is equivalent,to i ux-, , that e,*essly called,fiar by,the Cdm:�aft Document& Tlie :piotx6re Rw rlcyicw by 'ENPINMR. will: he 'similar to dial providl sub' m'-j mph'671'22- 6,73, Engineer's Ema-lualirlin; ENGINMR, Willol)6 allowed a4ca'sonable tirnii,within which t6evaluatil ;ubmival . niade ptusuant- to each propos . al or. paragraphs 63.1.2 and 63,12_ I]NObtftWill bedie' sole judge of acceptability: No "m -,equal.., _or substitute will beordered, installed'or utilized -without ENGMER's prior written accepWncc,whi4h;will be idenced -by either a Chanje,Order. or an approved S Drawing. ,OWNER; may. ,rcWire SAS w famish at CONfRACTOR's ,l a s0ecial ol au'amhtee,or. ot . her or so DM Ppbs, 6,-, 'iri the any 6tf, on the iby- ifi by OWNER, fiar the charges of ENGINEER lurid 13NGINEER's Consultaift for. tiValuding 4a I such proyospd substitute item--, ,6.& Concerning &bcontiacturP6 &pfiers- and &S.L.CONTRACTOR shall not. employ, ry� Sbbccmtractor,,Slupplier or other person*orarlianimlion CMUIr udmg' -those acceptable to OWNER, and M;GM-ER-asiiuhcat&JitiangmPh6.8.2),,whether initial& 4. as a- substitute, ug�iiiit whom OWNER or P40INEER' may 'have . reasonable objection: CONTRACTOR shah[not be:required to employ any Sutreantractr Supplies or oilier person or.organization to flu inish a - r perform any of the ,Wofk'erg unsi Alum .cosrrRACTOR h.is tisasonablq ojeeticn.. CONTR-ACTOR shall perf(im - riat less. than 20 percent of the Work, with its. olom finrces; Mat is. •%hout guanib=ih The LO - :Work ihm reduirement shall be ter to the value of i0kii totals not less than'20 Rgiggrit-of (hoContiact Price- 6D.I. CONTRACTOR shall be fully responnMe to OWNEk'and SNGWMR for all acts and WISSIOM of the Subcontractors[ 5uppliers andlother persons and 6r2panim- niomperforming or furnishing any of the Work under a dired or indirm_.conuract %vith CONTRACTOR, just `as CONMWTOR is' responsible for.CONTRACTOWs -0"-- acts and 13, wi6TYoFFORTOOLLiNSAtobUICA-nC)743(M,11201)0) 6.9,; CONTRACTOR shall bsolely responsible for scheduling .and C'nordLiktaig, the Work of, Subcaniiictors. Supphcv; arid other persons and organizations perform, fiv� Sty of the UV- CT , WC:v under a direct. -or `indirect contract with QONTRACTOR_ 'CONTRACTOR shall require alL Subconnactors. Supplie'rsand'such oth..cr pe ns arid� organizations performing or 'furnishing any of"the Work, to cornmumen Ic with the- ENGSIM-11, through 6;10. ThedivisiunsirirlseWoiriiif the Spoi:ificiticim- and the idmitifications of -any Drnwtnp shall, note controls CONTRACTOR in dividing, the Work among Subcoairactors, or Suppliem or delineating -the Wqricc:to he perffirfiid by i6y spec! Fie trade; 6.11. All Work perfoirmeid lbr CONTFLAGMR. by a Subcontractor or Supplier will be -pursuary to an *1 . . ite'agreemcni bem-cm CONTRAC-1:0R.and the' SUrImMoi of Supplier. which specigciflybinds the Subcontmetor or Supplier to the, applicable terms and Patent kecs and kayahim 6,12, CONTRACTOR sliall * all license fees, arid royalties and assurne all costs incident, to the usein the, performance of die Work.or the inconxintion in ft Work or Documents for use is the if to LheLactual Innowlecip of u5c'is:su6jcct 11uIpat&A,rWb_ X101nent ofany license fee or ace of such rights shall be Contract Dmmcrds. To the y Laws and- Regulations,. :nrnily, arid hold harmless WEER'. Consultants and die bsscs. and "agcs arising out of-6r, resulting from any. iiibir>gcmcnt of patent rights or yr�ghtsinuidcnttothc: g t1se'intlimiperfortnanceoNire Work or resulting. Frain- thi incorporation ,ihAie W&L• of'aiiy, invention, design; or device-not' process. product specified in the Contract Dummerim WCDCG9MtALCC*a$'IIONS 19if)-s (1�991) 133MM). 14 vil CITY 61., TORT mul%'s _MODIkICA'nONS . (REV ,1120MY P&Mitv and in obtainin& such 'TOR: shirl] 'pay all n fees accessary for are rtpp!i6ble at. the- -are no Bids. on die W OWNER shill }ray all charges of such utility U=and lor capital costs. related thereto such is plant mvistinint tees 6.14.1,,CW,ONTRA('TOR,."e� Il-giyall'iiotim, and complyy ..ith ill:(a�vs ar� Reg@itibrWarplimbleto rind peribrinificic of the Work. Eoept 'where _hm:m-se expressl%i, required by applicable Laws -arid ReSulatfan:�neither. -OWNER nor- RNCTINBER �shall be responsible Fbi monitoring with any' I;aWSr or. Regulatione 'If (MNTMC.7bR - performs any Work to laws or all claims. make certain that the Speer lications and Olrawings arc' To accordance with. haws and R_Icgulafiambut thiii shall not relieve CONTRACTOR , of Q09l'R.ACr0RV_bbli�jdons undef 0.= iraph 3.3.2. tares. 61¢,TCONTRA(7rOR shall pay all -Wes. con - smer. use and other similar tans, required to be, paid by 'CONTRACTOR 4a, accaraance with the Laws- and Regulations of the pIacd of the Project which are applicably during the peeormance of the Wort: 1. OWNtR is exempt Earn Colorado State and local, sales and. use taxes - on materials to .be oennapently av;urpogted uto die crojecl.. Saul loxes -,shall,not be included to the.Contrart Price- Address: Culofiidp-DcpkrtrncnI bf Revenue ,State Capital Anrim, 1375 S"an' I Denver,. Col amdo.,80261 Sales and Use Taxes fa the, State or qoiorad_o', Regional Trsnsportatiori_Disuict"(RTM and,certam Colorado. counties are collected-bv the State of Colorado and' Eire. included: ,in - the Certificatiorf of Exemption. Allaftble ' IUse -Twtts (including State. col d . on items other than construction and building materials Physically Incavarmited into the u . z,z a he nd bv CONTRACTOR and are.6 zedrin appropriate bid items tire of Preminrr 6A6. ('ONTRA&OR. shall confirm construction cqtuF I cad. the storage of rmita-Wisjandinri 'equcnt so JJKC ooppcaraatwm . of workers to the.site and -land; and arcsi identiied.inand permitted by the Contract Dcx:Urrcnti and other lind and areas. Vdrmitied hy Laws and: Regulations, rights -of -way, permits .and easements, :and, shall riot tvireasopably ericuralier die, premises with construction oquir,m I cnt . or, other materials or ecluipme.m. CONTRACTOR hill nisponsibility for any damage, to any such land of area, or to the owner or irceupant thcreof or of any-adjacerit land or areas; resulting from tha of the Work Slioald tiny elaiiti'be made! by any such _� owner or ocaunint because of the settle with such other' party: negotiation or otherwise resolve Cho claim by arbiirati or odrer'dispute resolution rinvicding of at law. CONTRACTOR shall, to the fullest extentpermitted by Laws and Regulations, indcmnily:and hold harinlem: OWNM ENGINEER. r2NGDXXR!s Ponsuitaft and ahy6ne directly, or indirectly employed by any of Them fromand nip-M-9- all claiiim cosm, losses and chmages arising out of or resulting Cron arty ciiiint or actiot; legal or, equitable.- brought:by any sucit owner or occupant agautst OWNER, ENGINEER of Par;y othe r fxM indemnifiid heieunder to Lhe� extent' caused by or based upon CONTRACTORs perf6rarance of the Work, 6.17. During dw progmss of the We&- CQNTRACTPR p the premi ses _ , firee from a6awnulations of Waite materials. rubbish and oifiEr'de.biis resolithS 46M the WorL At the completion oUthe Work CONTRACTOR shall remove all waste materials; rub"-sfid,dchris 6orn and' about the premis-Ps-as ,well as all to'oL,;.,appfiiances construction cqu'tprn-ent and" machineryand, sutplt is materials. CONTRACTOR' "I leave the site clean and - ready for oocujw�-y by OWNER, .at Substantial' Completion of Lhe Work. CONTRACTOR stall restore to original 6andition.allproperty not designated,forniterittion by the Contract Documents: 6.18: CONTRACTOR shall noviciadricirpermit arty pan of, any stracture tu*,be lbaded, in any marinci, that wilyendanger thi*s4ruaftare. n6r'shsill COTftk4CTOR i4tjea any par- or the Work cc adjacent property to stresses or pressuresthat :vvillcrida'rigerit. ' Recti?d Documintv W/ aly OF FORT COLLIN'S MODMCAnOVS (REV -112000) ,,6) R CONURACTOR shall'maintdin in a safe place At the site on't record copy of'oll Driwings. Spwiflcrdionq Ad&ixk Written Antendm6its, Change drd6rs. Work chunse, " Directives... Field, Orders. and! 'written Interprelati.crts acid, clarificatiivvi (issued purmxant. to paragraph 9-'4) in good. o*r and an'Murted-to shoki"all changes made during crmstruction- These record .documents tbgether.with aIL-approved Samples ard, a eountcrpart of'.aU approVed Shop Drawin �p wiU'be available -to ENGINEER for referemal Upon completiori 6ftee W()ik,.ii xd prior t6releasi-offinal trayment them recard'46cumcnK Samples. and'Shop Drawings will be deWered toHNGlNEFR.'fiJr OWNER. 'Safety and.Prole.edon: 6.26. CONTRACTOR shiilf' be responsible for, inififiting. maintaiming ard - Im pErvising - A I :safety precautions and programs . in connection with die.: Work CONTRACTOR shall tskriAl'nqc'assary prpcoutions ficir L-he siroY of ,ail shall provide the rwcqsiaty protection to firevent damage, injuryarloss to: 620: 1 - :1111 persons on the Work -site 4i-may, be affected by . the W ork-I 6,20.2- Al the Work. and mateiials]ande'-m im q--ent to, u . p be incorporated Lhereir% wheOw in storage on or off, die site; Afid 6.20.3. other property at the sne'or adjacent iharem,, including 'trees, shrubs; Lawns. walk-T., pavements, roadway%' structures, utditte - s (;M -Underground Facilities not designated for.remova). relocation 4 replacement in the cour'mr)fconstrircCion-I safety of persons or property or. to, protect them • fromdamage, injury or. loss, midAiall er-eq afid maintain MI 6ih I and of Underground FaciU6 and ut -ty owners wheri prosecution of the Work may affect thou, dnd shall cooperate.with them in the prot ' Lctiom removal. relocation- and rep lacement lacernmit of their,pioperty. All dainage, injdr�,or -loss 6; any prop*ly referred: to in paragraphs 6.20.2 or, 6.20.3 caused, directly or vnhrectly, in whole or -in pmt, by CONTRACTOR, any. cofiti Subiidor, SupplierCr airy' other person or oijarilzation directlyor . indireilly employed iy arty of them,wperfirm'6r furriish tiny;or the Work.or anyone for -whose acts any of than may be llablc, shall,bi remedied by CONTRACTOR (except damage or loss atuibiitablc,to the fault of Drawings or Specifications or to the acts or omissiorts of OWNER or ENGMER or ENG[NEER.'s Consultant or anybrie empl&cd by any of them or A- ,orre for whose acts any of thcx4`niay be liable,and not attributable, directly or indirectly; in whok ar in part, to the fault or negligence of CONTRACTOR ur any Subc6n"ctor, Supplier or other pawn Or organization directly- or ihdi-rectly employed by any of di -cm). com,R_o�cftw. duties and rcsponsibiliti�s for Lhcsafcq- and protection of the Work shall continoc until 'such time as allthe Work- its complictid andrBNG[NEBR has issued a Is notice to OWNTER,and CQVMCTOR.Ln accordance ,wiffiliaragraph 14-11that the Work is Acceptable (except as udkrw -expressly provided in correction with Substantial Ccmpintion)_ 6.21. Safety fteprroinmr v4 CONTRACTOR shell designate a qualified'artd ev,qicnericedi safety, repieserdativi At the site whose duties and i4"ilitics shall bethc.�xcverkiori of accidents and the maintaining And supervising of safety precautions and programs Hazard Communication Prog ram., 6,22, CONTRACTOR shall be' responsible f6r' 000rdinatirng Any eof material safiity, data sheets 6r other hazard communication' informatim-roquired'to lie made available, to or exchiiinged''between or, among• cnifiloyers at thici- mike in accordance with Uvvi: or Regulatium. Finemencier... 6.2.3. In emerge - ncicsaffecring.thc.qalcry or protection or persons or the Work dr'piperty, at-the'.site4'adjaccrit thereto. coNTRACf0P_ without srccial "instruction or authorizaLicin from OWNER or ENGINEER is obligated to act to prevent threatened darnage. injury or loss. CONTRACTOR shall give bNQINF6R prompt wriach notice if CONTRACTOR believes that any, significant changes in the Work or .variations It6m. the Contract Docusnents have been caused thereby. If ENGMEER detamincs that a change in the Contract: Documcrits is required because ,orthe action-tak-en by CONTRACTOR in response to such in emirgertcy, a Work Change DirectiVe or. Change Order will- be issued to document tfic consequ_ences of such iiition. 6.24. Shop Drawlrtgs"dServwlsm ,6 , '4.1. CONMALCTOR shrill submit Shop Drawings -to ENGINEER, f6r'review and approval in accordance - with the accepted,,schedule of Shop Drawings wingp And Sample su6M1MaI$'(see Pam graph 2,9). All submimils tirill be identified as ENGINEER may. require and in` the number of copies- specified in the, GeneraV Requirements; The data shown on the 'Shop Drawm will be complete with respect - to quain6tiea, dimemo*m i'sp_eciiied pifformanCtrand design criteria, materigis.Hrid similar damt.to'show 04GDM-ER the matcria6 and eilutipmeni CONTR-ACTOR pru-p6scs-10 FTvi& and to enable ENGINEER to review the information for the limited' purposes required by 6.242. CON-MACTOR shall- Also sil6ritil Samples 0 ENGINEER for review and'approial in accordari&e with said ac=otcd khodultv of Shop Dra%6rigs and Simple submittals. Each Sample will be, identified clearly as to material. Supplier. Offtincrit data such as catal numbers and,the use for - which intended arid otheintendedix as ENGINEER may require to enable WGINSER- t6 review the submirtAl fcr' thii limited 16 E)MCGENMALCONMOM 6110.8 4199,096600) VOCITY 61; FORT (.bLJJM -MODIFICAMONS 0t4A4nG0G)' purposes S.7ired by paragraph 6,26- The numbers of Ple to 6e siihmitted wili,be.Hs specifitid in the Specilicatiom, 6.25. SubmiaratProwiturer-, 6.25;l.Before .submitting eich-'Shop Diuwi* or, Sam le,.COMTP-,%CTORshail'haVardei)drmined.artcl .verified; ' 6.25_1,1_ all, field. measummentsL- *anlities, dimensions, spect w yer ormance criteria, irtstallation reiluiremerits, materials, catalog numbers and similar inficrtnatiun %A resi'icct thereto,. &25.1. L 1 all'trialcrials with respect to intended use., fabricauion, 'n-S, handling, -el assembly and 11zlion, pertaining to perfarmance of the Work,and 6.250.3. all' inforni6lion relative to COMMAcrows,-soir, reiqionsibilitics in irspoct of means, methods, techriiques seifuences and r"odutcs of carvartictiOn and safety IrOZ111tior-ts' and programs incident thereto. CONTRACTOR 4iall%iilso have. reviewed W coordinated each Shop Drawing or Sample viitb,other Shop Draw.mgs :and 5ampks and - with the mquirements �of -the Work- and the Cairitract Docureaft 6.25.2: Fach submittal .will bear a stamp onso.=ific' writteniridimition that C04NITRACTOR has saiacd CONTRACTOR'S - obligations, undir the Contract Docuim-ents.with,respout. to CONTR�'TdWs reviewand ap*val of that subinktal. 6.25.1 M the time of each submission, CONTRACTOR stall' give ENGINEER specific written notice 6fsuck variAii6ns:,if any, that -the Shop Drawing or Sample submitted may bavi' from the requ . ircmeres 6f the CcRitrad Documicms, such notice to be hi a written coninfurtication separate -fr= the SUbilitull' AAL in addition, sliall tause-"D speicific notation to 6e made -on each Shop Diawing, and Samfile submitted to ENGINEER for review and approval of.each such vairi'atiori. 6 21& ENGINEER will review and approc Shoo Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as -requited by paragraph 2.9. ENGINEER'S -review andapproval ixill be only to determine if the items covered by the submittals will, after installation cir incorporation in the Work, conform. to the information given in -,the Contract Documents and be cornpatible-with the design cartwo of the cam leted Project as a -funct,ionnig whole as indicZ7 bir' the: Contract Dociuments. E"NIGINEERs review and Approval will riot c,,dcncL to means. rncthods. techniques, . sequences or procedures of construction (except where a particularmearis, method, technique,sequence . cedure of , . or pro and expreWq.called for safety preciutibns•ar pri .w and appi6vall of -a si which the- itein hinctio-ns. CONTRACTOR shall make corrections required by; ENGMER, and shall 11 retbrnz the required number of corrected copies of Shop DiRwings and rubmiL as required new Samples Or review and approval. CONTRACTOR shall direa spocific skentien'in writing to rtyisl=` othcr' than the: cocrmtimis - called fbi by FNG1IvGEkon pre yiqus 6.27. b4d,LMMP's review .:and approval .6 - of ,.Sho "raw s or, Samples."I'not relieve CONTRACTOV fit m lity fbr arty 'variation fi" -the requiriemients of _, rom C 156curricius unless CONTRACTOR has in writing culled ENGINLERi dftcntiun to each. suck variation. at. the time. of. siihniission as required ;by paragraph 6.25:3 .and LNGINEM has 'given written approval of each iiicfi variation. by a spicifik 'written notadoit thereof inctirporated in or at:x:ompsm-in& the:Shop Drawing or Sample .approval; nor. wIll'arty",appem-1 I)Y FNGINIEM relieve CONTRACTOR ,from ,respcinsibility Or complying with the nequirrrnerrm of pn -L pgmph'6.25- 6,2$.. Where a Shop Drawi%."or,Sarn'pje is required by the Contract Documents or the schedule of Sh6li Drawing and Sa`mp'le 'subm'o'knons accepted by ENGINEER 111.4 required .by pamgmph2.9. any related Work pertbimed prior to EN1GlNEM.,rcvicw and apprbyal.6f the pertinent suirritittil will Ix it the sole expense;and'tesporthility of CONTRACTOR. c,olo"g me worii 6,29. CONTRACTOR shall carry on the work and adh&V to the.progress schedule. duf4 all, disputes Ur disagreemeniti with OWNER No Work shall tie delayed or r postponed - di periling resolution of any disputes or disagieevnents, except as permitted by paragraph 15:5,or as OWNER and. CONTRACTOR• may,.6therwi6a,igpoe in . - . - I 630L C&TgICT.Offs 'datira, ffiairarqv. and, Gk14M#Iee, ,63k1x6*Tk4cT0R warmriiIs end. guarantees to OWNER, ENGINEER Cansidtam. that",ill Work Will be'iwaccoidance I�Oitb the Contract Documents. and will nof be: def�efive. 'CONTRAcTmswarranty arid hirefihdir. - gn4arantu awludes defects.ordamage caused' by: 6.30.1%L. abuse: modificatiql! or improper -inairneriince-clr,6pem,tkm.by.. persons, otS!r than CONTRACTOR Subin aqm or Suppliers; or 6.30.1.1 normal wear and'teAw under normal, usage: I I I 6302: COiqT 5 1 . RACTOR's obliipdon to. perf6rat and complete in, accordance"with'the,'Contrad .Documents shall -be -absolute. None of the following wilFtartuitute an.ecceptance of Work diat i not in BK.WGENERALCOlUTIOi4 191" (1990L,46ai) WICITY OFFORT COLLINS accordartmwith'the Contract Documents or.a release of,CONTRACTOR'soblig�iiontoperfbTm the Work 'in aq6ordance with Lbe Contract Documcnli. 6.30..Zl.; observa,dbn3byENGJNHER-. 1 6.30.12. recommendation of any progress or Grad Payment by LNIGWEER: 6.30Z3, the issuance- of -a certifiaitc of :Subsiantial'Coffipletiiih or any' paym . cnL by' Ol4+N&2 to— cbN,-TRAcTbR under the Contract Documents;, o of the Work or any part thiieof Zo=r ,.6JOJA,aacceptancel�y OWNER or.'any fiiiluie to , 63026., any, review and apptoval.,ofs. Shop 11:61wMAS or.Samplesubmittal,or the issitance'of a "ce I of,acceptability by UNUINEM'Oursuarit loporagaph-14-11, -6j02A. airy' inspection; tpsLor- approval by odicrst of 6.30.24, any corrpdti6n of ckfietive Work by OWNER: 4.31. To ft,fuwst extent: permitted by 'flaws, and 'RejulationaCONTRACTOR'shall indemnify:y. nrtilhold fiantiless. �OWNER; ENiGINEE& ENGR,1EER$ Consultants and the-officcis.. 6v6bars• effiployces, agents and othii consuitanls bftiicli anti any, of them' from and against, all •l6sks and damages (includine but not lirniled fees, and ,charges of crigineer-s• architects: iitiormy,Ys {cod other professionlis'and allcourt .or arbitration or aber dispute resolution costs) &aused,by, arising g out, of Cr resulting' from, the perlbrrnanceofthe Work,'prmido& that any such claiin, cost, loss or damage: (i) is, attributable to'bodily irtjury. sickness�.,dis&ak 4 death, or to uyury to c. w destruction 'of tangible rn (other than'the Work itself) includIng the loss of use resulting therefrom; and (ii). is c4usej.in wholif or.in pan any negligeritact or oiiiissian of CONTRACTOR, anyubconw . actor. -any Sup' fier. p any, person or orgarazntion direr tlyorihdirect timplayopy"anytiftht-,nitoj ed(mvi ! or omission of a person r whether'lin 9! u bility, is or party by Laws and-Regul ice of any sach Piff-s- or en 6.32, 'in, arty.. and :all vlaims; against OWNER, ca- ENGINEER or oili6trs directors employees by' anj ernployec'(or the survivorlor, al 'representative of such'employce) of CONTRACTOR any Sub.ountiaFelor, any Supplier: any person or oiganiistion directly or indirectly �em pjc ,yed by Fj any of lheffi' to perform or furnish; airy of- the Work or anyime. for whose acts any ,or them may be liable, the indeminificaticin obligation under pwragraph631.shafl not be -limited in any way byarylirnitation ori UF type orldamagc& ecirripentsittiW 6i beriefits.paylable by.or fdrCONI'RACTLOP(r.afy-,ki�Subro-ntmct6r.Sufoierpr other person or , orgariazation ccmpiwion acts, disability bereft ads or other emplqyce beriefit acts. 6.33. The inidemnification, obligations of. CONTRACTOR tinder; paragraph 6-31 shall not exiqno,jo Ili habili.ty 0_fENG_[NE_M*wv1 ENGIN�i C4risjltantA, officers, directors. employees - or ,agents caused' by the professionalncglig;nce, criors Li omtssnorss 6f any of them. Annitw ofobligada" 6.3+ Q representations, inderfinificatictm warranties andguariintees made in, icquimd by or given in iccoidimcc with'thie Caurict'l)ocumcmbs;. as well: as all, bintinui obligations' indicated in the Ccm"ct D6cumenis, will survive final payment,. complemonact' acc6ptanice ofthe Work arid termination di -completion of dic 4cement, ARTICLE 7—OTHER WORK Related Work ia Sire 7,1,, OVJNFR,ffia), pericim, other, Work related to: the Projm ai the site'byOWNER'i own forces, or'lit 6ther -drect conmictit' therefor which shall ccritaiii-4criLmli Conditions similar to thesc,'orliaVe 6ther work pin-forineld by tadiry owners. If the fact that such other work is to be pciftrmed Was not noted iIntlie-Contract Doiumils"then: (t) written notice therof WillbeOven to CONTRACTOR prior to starting any sLiLhr 6ififf Work Und (ii)CONTRACTOR may, mak,i a. claim ftref6r. as rj,6vWxl in Articles 11 and l2'ifCQN1TRACTOR'behcvc* are unable to agree as to the amount or extent thereof 7.2: CONTRACTOR shall affoid eacfi offier contractor who is a party to suct a diro-A wiract and each tilifity owner (and, OWNER, if OWNER is perform' the edditicital work ivith OWNER's employees) ,proper end iife imess to the site.and a r6sonable.opp"tuhity for the thly-bilitc6on and'stokp—ge of mitlAFriRls and ciluiprnem and the execution of such other work and "H=IY connect and.oixtrdirtate the: Wurk with theirs otherwise provided iri the Contract Dmuments. CONTRACTOR shall.dd all cutting, Ottirg and patching, of.the Work that may be required to make its several palts"crane together - y - iilhir Oil - and integrate with -such, wok.NTRACTOR shall not cridariger. any wofk.of others by cutting. excavating or otherwise altmirg. their work and will onlv-ciA or,sher their work with the written c6riscritof ENGINEER' and the othirs whose Work will ba affected' to the-extent'thaf them are comparfible -SKVCG9NUkALCON=OM 01Q.8 (199VEditim), is to/ CITY OF FORT 0OLUM _MOD1F1 C ATIONS IM-02000V provisions for tha.berkfit of CONTRACTOR in said direct co ntractss between OWNER and such utility,owners and bffid- cauractar& 7.1. If the proper, execution or results of. any part of, CONTRACTOks-voik, depc;& upon rwork perlbryned by others urider this Article 7. CONTRACTOR shall such other work and prompdy report to NIGINEER in writing any delays. clefects at ;deficiencies fincies , in such oUxi viak.that rindei it UrlaVailabl c or unsuitable for the jto' � !cgiecution Knd'results of CONTRACTOR'S mer constituie,an,acceptance of such otter work. as fir end proper f6r int4ation' .with CONTRACT ' OR's Work Tt 116T 12 CKC tent' or'norappa . rent-diOmPi a.*n*,d'dzfibiPnP1cS _ in such othci work-, coardwina: 7.4. If OWNER contracts. with others. for the performance of Wier Wa- on' the Pr*ct at the site; the Olf-Wifig will,he set forth in Suppliffientary,conditions-'7 74.1-. the peisonjurn or corporation _v�b6 will have' authority -and responsibility- for coordination. r of . -the activities iiinorj:tho vaiious�primecoitractois Will be 7AZ die specific, matters to be covered by such, ,auth*ity ar4 responsibill#y will be itemized: -grid 7:43; . the extent of such -eadrity and rcspernsibilitics will he ppoVided. Unless othenvik provided in the Suppl6mcntary Condifinni, 'OWNER -,hall - have .sole -au-tilority - drxl responsibdity, in respeaof such coordination, ARTICLE S—OWNER'S RESPOINSUHU r . IES 8; L Except as othetwLse provided',in these..General Condition OWNER "11 issue all minnum.kationi to CONTRACTOR through INGUEMI_ sa, 'th case of termination of ft empl&ymoir of e4GINEER, OWNER shall appoint an engineer against whbse status underthe-,C6ritinct Documents shall -be ihiiv or the r6riner ENGINEER 8,3. OWNER "u, rum&h the, &is required' of OWNER under the'Contract Docurfichts�promii4'and shall, make pa)'-mcris,t& coNTRA(_ToR promptly when they are due as prby ided in paragrqphs 14.,4r arld 14.13. 8.4. MVINERs-duties in respect of providing larids and casements imd providing crigmccring surveys . cys to are set, fathin.partigraphs 4-1 and 4.4., Nragniph4.2 refers to OWNER's identifying and, making+'availablc to I CONTRA( 7,r OR copies. of reports of 6<plintificris ' and tests of subsurfaceof cmKlitions at the site am drav�i oh ings ysical,66nditions in existing I struct6res at or c6ffliktious to the site thathave bentutilizedby ENGINEER iii prep'tn"n_g*jhe ContraaDoc-farien-ts: 9.6. OWNER is -obligated to cwcute Change,Otddrs; as 8�1-: QWNMR§ fiert rev oMjb�qty T'', respect of, _certain ins�ct", tests arid approvals, is set. h paragraph 13.4- In connection w ah OWNER's n , &It t;anp WorL or %L Work, $A;;. ra suspend' W k, )Ii)3.10 and 15A, right,to terminate I. . . servic6s of CONTRACTOR under oc=n . circumsui . r=L ;rhc,OWNER. shall nck supervi= direct or have :or authority ova, nor be 4esponstible, far. err Procedures of consduLticritor the progmm�;. inciderif !hereto, oi COI,TMACTOP to comply' 'Aith applicable to•thwfurriishing or Peril O"FER-wiii not be mptinsible ---_o W PCM-9 lt.rosta OF Md"elive ?Waials utteev d ieveiitled at the,sitie-ii so fefth in Mir 4andto"v- ed w- Q0Mr%k9rQR '10--safis ARTICLE 9-fNISMER'S STATUS 'DURING CONSTRUCTION 099 ift't Repramtati,e: 9,1- Emwitlz will �c 01WIN IM �3 represef=i4r during., the - construction'., peno�l. - The duti6: _iatl responstbilitics and . the limitations of auffiority of ENGINEER :as MWERS irprescritatiY6 Alut-irt, construction ure set forth in thi C&itrict dDocuments.and shall not be extatied'widiout written consent tit - of OWNER arx.1-INGINEER ENGINEER will makcxisiLi to the site at intervals te to . th - c - various .. .stages of conistructi6n as 17MM deems ncc� i . h an exTieriencid-raid quslificdilesign ri-rgf* opil.the w/aTyoFFORT COLLIMMoi)tricA-nof4s(itHy.it2'ot)o) that has -bon made, and the qua.li& of the various Aspects :of CONTRACTOR'A. executed, Woric Based, on inkimation obtained.durinII such visits "and observations, ENGINMR will endeavor for the benefit of O%kwm to in gerictiti; if. the work is proceeding, Mi A666rdane'e with- the Cqftqa "Ddimefim EN� GINEER %iw not be required to make exhaustive or coitinuous. 6n- siieiaspeicticins to check tthe ,quality .dr quaritity, bf the Work. ENGINEER's efforts, will be directed toward pmidirg for OWNER u *greater deirec of confidcni e that the completed Work 'will conform &nriaBv to the dab set Dixianer;ts' On the basis of!iuthViiiis acid on - site obsemations, ENGINEER, will keep- OWNER idormed of the prowi= a the Work and ivilf cndiavor to to limitatLom on ENCHNEEKs authortry and responsibility set forth in pa pff-ph 9.13, aandparnicularly. but without a limitatiom, or as a result of LNGINEER!s-on,sd � visits. or hiring *of CONTRACrOWs- War' ENGINEER -wi"Il not supe�iscI . -, direct.. 6i control ur,have authority ev wt,cI !esllofisibI6 farCONTRACTOR's mcw1rh,mcth7ds',,hruquc-N sequences or procedures of or the sQIEIY precautions and programs o.,nr. for any failure of CONrRAC1 :OR to LaNVs andt OCR lations 'applicable to, the T erformancc Work. ]'i eel RepreseflMfivv.- '9J. If OWNER and FAMUNEER agree, ENGINEER will ffirnish a Resident project Re Fesentative to. assist -ENGINEER in providing more conGtio_us 6bsirvatkn of the watt Ac responsibilities and mrity and -limitations thercon or any such Resident Project Reprisentat&e• and assistants will be as,* ' ides in pqrag'moki 9.3 and -9.13. ...... iy fsetditioas of these m Gffa-Fomdilions.;, 1VOWNER cksigrrates— .another .reprwardativeor agent toi ripiesent and will 93;L The Rcarescrittifives dr-alimts id mate Pertaining, lo,thexn-site wqk wdL in general, be with the- ENGINEER and CON-TRACTOR. But the Representative will keen the OWNER properly advised abotit such' mallets. Le-Regrgsentatives deal!M with subcontractcrs.will only be, through with dte'full knowledge- .and .apaoval' :oC •Ihe: CONTRACTOR :93 _2Dutics and Restionsibilifiev Renresentativc MI; 93_21:Schedule&"- Review Ae- r1rogrens 19 sc"it and -other sc"les prepared by t6. CoNT.R TOR and' cansuit. with - dieAr,_ R4GNEER com)&nifia acwgubility: 9.3.2.Z Codffcrkes alit- M&ng Atiena meeting with. the CONTRACTOR such m wontrucLion conifem=mmome r oen meetuii d. othff - jbbcc-nfeqTcf=b=s-_a - prevare and, circulate orgies of minutes of mzetirtp� 9.3.33. Liaison 9.3.2.3t_ Serve as. INGIAEM liaison with -CONTRACTOR'work ta principally fto,iizKcqPrR.-xqr5RlS V.to assist the CONTRACTOR ding the ConheRoc=cnts '93.:.3.3 Assig obtakiing"OWNER ad&fibiW ddaiW or -infbrm'stion when r&mkccr for prof a execution of the. Work., -9 12:3X, Advise the bNdINUR -and CONTRACTOR of the mmmerr�ment of any Work- reagW -a I Shm- Drawing -or -sample subm moved by the ENGINEER: 2 1 j,,1_4.Riviiw ctW- L Reie&oA of Defeuiv Work. lnspcctiom@Ddjcst&- 93:2.4.1- Conditd on -site rftcga66M of illi Work ik piogm lo,assjg the ,in dainim that the Ln ENGINEER dm 4ocordar= with The Contrrict Dogments. 3�2AI Accompany visitm g—utmectors, representing public or -other aLencies having jurisdiction over the ProieeL reconl the resifts' ,of thtw irspecttom an& report' to- the ENGDM.EPR. 9,3.2-1 bueMsytation of Contmct Do=nmts.. Revort to ENGRqEER when clufficaticimmd mle elwiom of the,Contrad Documents. are needed :end uarsmit .to CONTRACTOR clarifiwtion'atxl tion OF the - CcdrBct - Documents as issued by - Lhe aTGR4aR_ 9.36,;c . MoMcHtions., Consider and evWL CONT.PAarows mizagiom for ExDc'qgtzFRAI:cw=oi.z i9t 9- s(I 99u Udi6m), W CITY 01; TORT WIPM Al (?D*ICA'n ONS (Pp, 4 Q 000) modification in Driwincts,or. SwifiaWons and reparCthew reocanmendations-to FNTGRqFER_., Amurate V* bwismit ddWWEACTOR decisions issued by the 7 � 93 21- _Rccords. Eiu�ftm& 93.18.1. Fumish RnQjE_Rxdq&c g required of the em• of the Work and �of the CONTRACTORS schedule , of shop' DratVmM.. and sample submittals, Qmsuli- wi ,a&mw of scb line' maim tegK msy"tions or start of impor=t phases 01-the ,Work. 93118:3. Dmft 12pp2*d Charge Orders antiWork ges; Ab Aining cdw ma -al from ft CONTRACT , d_ _,ecommcnd -to- ENGWEIR Char= .Omer. Work Directive �Cbartpes aW;Ftrld orders 9328A. 9- immediately r E an au udcklcd; 9.3.19. Pm-mcnt Rcwesm Review -a- ications for mvment with CONURA4 with the, cgwbhdied ___O submission and,fbrwaMwith recommendation to ENGL-IEL2 notitar:oarticiilirly the relatiorslfiv of iegiuremems ,the teqeu'tothe schedule of values:Dtawny,or cn wplad matey all -arid : oqp net t, na essery, wF debvered :at the' s te•but not im:drvoruted .tn die reasonably in Work written clarify 9.3?:10. Cam eticm 9 More, 'LNGINEM issues :9 Certificate of•Substantial,Completion. sulm'it to CONTRACTOR a list of. srv�s 'rcQuirim correction or cmnpletion. 932:16? Conduct final' itsceci6 in'th, cbmyqivUaf rh'e ENGINF.E -OWNER:and CONTRACTOR and prepare a finalAist of items to be correcled'or completed . 93. 2.1U_3. • Observe that ,all items on Ahe .final list have been cor eaed or cbrtipleted and make recommendations to ENGWEER concerning acceatance-, 933. Limitation of Authority: `The Reoresenative shall rot_ 1. .4uthoriie airy deviations Dorn 'the Contract DocwnenLs or-accebt nnv suttmtute mate riaJg or g_i' "potent, unless authorized by ttj* d-\TGINFER -the Contract Documents (in the form -cif hin vise) as-GNGrT%TM',may determine n shalbbe consistent with the intentof and able from the Conlraet Documents Such ions aiai vit6pretitions will be boding on CO-M-RA(TOR If OM1139 or t"beficvet l}ar a .written clarification r lifiesan adjustment gi'theContract Price runes and'the parties.are unable to agree tothe irnotaa or entent the:-64 if 'any. OWNER or CONTRACTOR may male a written claim d refta ki provided' in Article,II orAnicli•f2.. Authorized 4ariad6.=in WoiR: ENGINEER may airtlxttiisc minor varia6cmts in the Work from, the requirements of the Contract Documenta.wlridi,do not involve an adjustfnenbin the. whole as Indicated try' the Contract These may ba.eocornpiished'_by 6 Held Order be bindinit on OWNER' ;and also on ,the,Contract'fimes-and the parties arc unable.to agrceas to the amouni, our ciaent thereof. 'OWNER: or CONTRACTOR may, make a vnr en, claim therefor as provided in Articled l for 12. 9.3.3:2: ..Ezcced. limitations. of FNGIII ' '& Rift cling Defectit'e Mork- .authonty as set tontl in the contract Documcum 9.33:3: UndcrMi:e any,of.the resmnsibilihes 9.6., ENGINEM will of the CONTRACTOR Subcontractors or reject'Wcxtr_which-F,NGiD CON %A,UOR'S suoar3gtendetit, ortiM ENGINEER believe 9.3:3.4. Advise on or issue directignws lative" to: or asstime control over any-asped of•the mean, methods: '.G:chnidues _semiences; . or p{c�e�iir_ts .for_constnictioo. un! -sucti,. is sn�ifieally called for in the Contract Doc ments.: 93.3.5.- Advil: on or issue directions reaardiittt or assume control over safety; precautions and progams•in connections with'the Work: 93.3.6. A=yL :Shop Drmim tar _sam' ole submittals. from. anyone 'oUur, then -the CONTRACTOR 9.3.3.7— Authorize . OWNER to_ticcuW—the Work in whole or in part: 93.3:8: participate in soecialirid field or labour ' tests or iMppqjions conducted b 'others. e�M -as mecifiwlly authorized. the [�1GINERR Ciar rwiav mid Intemp rianunx• A. ENGNF.F,R will issue with reasonable pronrpinesv such xhineri clarifications. on interpititatirns"of the vc'authority to disiWoye or ;FR' believes in he defxcNve, wilt not produce n oompleted Contract Documents or that of'the design concept.of the ioiiing.-Whole at indicaled,by ENGINEER ' Will atso'' have Invection or testing of the tph 13.9.,whether,or riot the Shop. Drawings; Change Oras and Paymearr: 9.7. -Ip connectiohMith ]ENGINEERS authority'as to -Shop 0mwings and'Samples, see paragraphs. 6,24-though 628,inclusive, 9.8: do connection with M,%TGINFER's lai hoiiry, as to ChiatgeOrders see Mciles, 16. f 1, and'Iz- 9.9. In connectimi with ENGINEER's authority ai to, 4ppliiatiats Car P¢yment see Article 14. Dderminatiods fur Unit PrtciW, 9:I0., ENGINEER Willi determinne,the acival':ytiantides and';classificaticns of Unit Price . Wait pat rated' by, CONTRACTOR. FNGINMR will, review with CONTRA(--1'OR the ENGINFER's , preliminary, ,deft=minati.ons on.such matters before ratdering a written decision thereon (bi iicmnmeitdstio9 of,an Application FXMCUENER u:,Coinxnovs_lylaa 21 w/cm OFFORT COLLINS MOONICATION9 (REV,W000) 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. 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. Rev10/20/07 Section 00100 Page 3 for Payment or -otherwise), ENGINEER's written decision decisiop, unless otherwise agreed in viTitirtg by'OWNt R therein •will be ,Fatal' and banding upcct. OWNER- and tvul CONTRACTOR• CONTRACTOR unless. within ten days alter die date of » ny..such decision. either OWNER .or CONTRACTOR 9.12. When functioning as interpreter and judge under delivers to the other aitd to ENGINEER writhe; notice of paragraphs9.10 and 9.11: ENGINEER will not show intention to n �- 1`Gar' ENGfNEER's decision and' (i)_an' appeal fimn ENGEvRER's decision is taken within the time ppeerrttia1, , t i�OWNER of CONTReAC•t'VR ind'will not be' in connection with any, adcrpretsthm or, decision limits and in accordario'e with the procedures "set tmth'in .liable rendered ih good"faith ih'sueh capacity. The rendering of Exhibit 13Gr1, "Dispute Resolution Agreement , entered a &cistm by 040D M pursuantto parag '* 9.10 e into betwtxn OWNER and coirrRACTOR pursuard to 9.11 with respect to any, such claim, dispute or other metter(aicelit Article-16, or (ii) if no such Dispute Resblulibn Agrtxment atn' which hay_ a been waived y the'eiakii g' has`bean mtced iriio, i fismal prvoeedirt6'is instituted by oiacceptance of final payment as pravidad in the appealing party in a forum of competent pirisdiction.to paragraph 14:15) ty1-0 be a condition precedent to situ excicse such rights or remedies as the appealing party may. eeecrse byOWNEl2 x CONTRACTOR of such rights or. have with, respect to ENGINt?E7i's' decision- unless remedies es either maybtlwn se have'tunder'the Contract otherwise aQced in writing bp, OWMIR and Dotvinents or by Law- or Regulations in respect of any CONTRACTOR. -Stich appeal' will rot' be,stbject to the such claim, dispute err other mute parsutau tb AFticIa 14i procedures of paragraph 9A 1. 9.13. Lime aripns. err ENOlVMS AMOvilty and' Decidanson6tr dew ReAponaUtder: 9.11. 06INF.ER:will be theL.innihl. iitterpieter,of die 9.13:1. 'Neither ENGINEER's authority or requirements of the Curttract DDocumnts and. judge. of the of Work Claims, disputes mm*nsibifty. tinder this Article 9-or under any other of the 'Contract Documents Any decision acceptability the thereunder and proytston nor tilebyENGIN&lilt other matters rclating;to the acccrAnhil ityof the -Work or. in good faith eiiicr,to exercise, the: utterpremtion of the requiretnerits pf the Contract onnot exercise slide authority or rL'sporaihility or the Docurtients pertaining to the perforniartce and furnishing of undertaking exercise or per entrance of any authority the Work and claims-undef Articles I l -atid 12'iii respect of ce responsibility; by. ENGINEER shall create; ,impose changes in the Contract Price or Contract Times will be of give any'duty:owed ley' iNGINGER to referred 'i nmally to ENGINEER in writing with a request ;rise.to CoNTRACTOK airy Subctmtractor, any Supplier, for a formal recision th accordance with this paragiaph any other parson or organization, or any surety for Written niece of each.such claim, dtsputc c r other matter or"employee or agent of arty of them. will be delivered by the claimant to ENGINEER Arid the otl= party to the Agreanarit promptly (but on no event 9,132: ENGINEER Will not. supervise; , direct, later, than thirty days); after the smrtof the occurrence or ewntrol or haveauthorityover or_be responsihle'for event giving rise thereto, uid written s ipptxiina:data.willi CONTRACTOR's means, methods: techmques. bc":submitted td ENGINEER and the cAhcr party'within sequences: or procedures ofcunstiuctionorthesafety sixty days after the start of soch occurrence or.avem unless pre cauuas and progran s_l cidcnt therm, or for any ENGINEER alleles an additional period :of time fcs the failure of CONTRACTOR to comply, tvrdrLaws and submission of'additionol or mare accurate data in support' Regulations applicable to jlic ' furnishing of of such clami, dispute or other. matte[. The opposing party performance of the Work:, ENGINEER will not tie' shall submit any resporse to ENGINEER and the claimant responsible for CONTRACTOR's;failure ar,perfcrm- within thirty, days after receipt of the claimants last or furnish the Woitk in.accordance with the Contract submittal (unless F.NGfNEF.R allows. Additional time). Documents ENGINEER will render a fomtal.decision in writu(g within thirty days atier:receipt of the;aPpasing paitys siifimiitaL iC 9.13.3. '04GINEER' will not tie responsible for the anyy_ to accordance'with this. pamgrapli ENOINEER's acts or omtasiors :of CONTRACTOR or of,any written de iisionon such claim, dispute-ortither mattermill' - Subciinaaetor, any Supplier,. cs ofany other.person or be final aixd binding upon.OWNER-and CONTRACTOR -organization performing or furnishing. any: of the iinlea�: (i) in appeal from ENGMER's decision is taken Work. within the time limit's and in accordance with the ptaavoced' Vs set faith- EXHIMT ".GC -A. "Dispute 933,4. ENGINEER's review of the final Application Resolution Agrectrieot", i ntered into betweenOWNER.and for Payment and accompanyingdocumentation and CONTRACTOR pursuara to Article 16;, or(ii) if no such al[ mamtenante and operating instructicim schedules•. Dispute. Resolution Agreement leas been entered -.into:. m guaImntees,. Tiands and iriiticates of inspectimt. tests' written •nonce of intention to appeal fiorrc IiNGINEPes and approvals and other dtmiuneritaum requtr2d to be Written decision is delivered by. OWNER or delivered by �paragritph 14:12, .will _only. be to CONTRACTOR to the other and to ENGDMER within diieri iinc gcnerally.[liat their ciintent complies with thirty 6ys after the ilate ofstich ikcisioitl end a formal the reyuirdnents OC and in the case of certificatts of prmveding is instituted by the eppealmg partyn a Thr ium of inspections, icsts' and approvals that, the results oompetent yuriscli}.l on to exercise such rights or re _es certified indicate co es the Contract asthe appcalurg party mayhavewith rcspzct to such claim:. Documents., dispute or other. matter in accordance with applicable Laws And' Regulations within a ry days. of the date of such 913.5: 11be limitations, upon, authority arid, fsiCDCUENlRAL COCaR'tt07•B IY fUat It 9VV Emtitnl 22- vicr1YOFFORTooLLIA6MODIRCA'nGNS(RI>N'A2VVal' risp6mibiiitp set fQM in this paragraph 9,13'sliall also apply'to?WIGTNFER's ramlirints, Re.sident Project presentative and assistants. ,WT. 16,E I 0--CHANGES IN iTME WORK 10.1. Without invalidating the Agi-ccificin and! witliout notice to'any -surctv. OWNER'may, at.!Hny time or rroni lira' jj&� '_ (T fevi I , the c to in Hiris sic" in Work. Such* additioris, deletions or iudwriLcd bj a Written Amaidificht, a Change Order.. or a Work ChargeDielictive,""Upon receipt of sn5',s='h dDcumem CONTRACTOR shall promry. proceed With the Work involved- wf4ch'wiU; be per &ireed under the ap plicable conditions of the Contract Document% (eNccpt as specirl Ily, Provided): 16.1 If OWNER and, CONTRACTOR are unable'to agree,as. to the ei¢em, if-S'ny. ffan,adjusniiem'in. the Contract Price or anladjustmerit.of the ContractTimes,thait. should be allowed as a result of a Work Chi*DawfiVi. 3,claim TRY 6 made th,r liras provided in Article It nr Article 12: 103. CONT.R.ACTOR'shall riot be entitled Loan increa . Se in the Coirtiacit Wide or an w6lension of the Contract TirkS with respict tdarry Work peifonned that is not required by the CbnhWdt Doemnerits as Amended, modified and the pel�n s peoVid6d in pa mg-mphs 3.5 a6d 3.6; except tb case in emergency as provided, in paragraph 6:23 or in the rase of, un6cVaing Work' as: provided in paragraph 1,3.9�;_ -.10.4: OWNER anti CONTRACTOR .4oll'66ecilte appropriate , ite Change Orders recommended by ENGfNM (ty Wfitten,Amerklments) cov&m& 10,4j, changes in the Work ivhich are (i) ordered, by OWNER Pursuant to paragrapli,10.1', (a) required became"of accept:incie of I defect to Work, uncler parignilih 13.13 tv couectirig &fecMv.,Work under par!! or tobythe pe4k;C 10AJ. changes the'Contrict Price of Contract Times, which are agreed to by the. parties,, and 10A,3: changes -in the Contract Prii;e or Contact .Tiiiiles which embody t - hesubstariiz of any writtendecision rerickrod by ENGINEER -pursuant id p . am , graph 911, provided! .M. i ' 6'lieu of executirig any. such Change: Order, an appeal may! Ile taken. from any such decisiirrin .accurdance,with'the provisions of the Contract Docruahents; and applicable Laivs and kejulations but "ing any such appeal. CONTRACTOR slid Larry 6ri'dic Work and adhere to 'the. -prt*rs� xWde as. piovidcd in 'paragraph 6.V- 1103. if notice of any change-alrecting the general scape of the Work.or the provisiom.of the Contract Doiziments M-DC(JENMAl;,C0NV1Tl6i43*19104 WIC11YOF'FORTCOLLIM M0DUT1CAT10V3OWV-1)2 . 000) (indtidi%, but,not limited to. Contract Price orCdntract Times). is. niqukedby the pruvisicinsof Hrej Bond to be given to a - suret the of aqy�such'noike will be CONTRAC Z' �'go` m*Obility,-and the amount of each iiplicable Bond will li.eddliastidaiicardinaly;, ARTICLE LE I I -tH.ANGE bF4fd&TFA.CT PRICE 11-A. The Contract Price c6nititutes •tiic- total c0lapamtion (subject 6 au1hxizedh0jLiitmcnt�) payable. P"f0rmirjgtht:_W6rL AfldUf_ r .to CONTRACTOR for dunes, responsibilities and! obligatiiins: ass&cd to:or undertaken by CONTRACTOR shall be,aVCOMTRAC-TOFViWTaM tvtthouhcharge In thcContract Prio. 11.2, Tk Ccintrael'Price may only $c ch xtrigo by, n' Change Order or by a Written Amendment' Any claim, ifor. An adjastaiern in the Contract Price shall be based,on *IUn notice deliverod,bv tfic.tiarti,mikiina- the claiin to later 9m, thirty (hys) after the start of the nce orxTent. . i0ing risoto the cl6irdand siating the days after the start of such occurrence or event (unless E\TGMEk allbiksadditional time for claimard to:submit additional or more accurate data in supportof the cMimj and shall be a6ccimpimied by ilnimant's Written sinuirrient that th6adjuttmenit ct covers ill amounts -to which -the claimant.is entitled as a,result. of said ocauence, or event, All claims for adjusunenCin the Coierct Pfice,-shall be'cleterniined bV'M4GI1,4UER"in doc&chince 'With paiagraphMl.' it OWNER acidtONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjListruent -in the Contract Price will be valid if not submitted in accordance With this mW p - up h1l.2..- .113. The •vuiiii of,';iny Wuk-, covenc4'by a Change Order onof any -claim for an'idjustmeni in thic.Convact Prici will be,det6mined-as 14.3.1. where Work involyed4a covered by-Junit �.. I th IXicurricra. prices. Tntairied in . e-_Canaract - - - by ,�jicaticn of such unit prices to the. quantities of the items ffiVohied in the proy!swns' of 23 paragraphs 11:9.1 through 11.93: inclusi I 11.3.2. where the W45rk involved is not covered by unit priop contained-Mi the Contract DcicuincntS by a: Muivall; agreed 6yrdcnl,6asL-Cinc@dang lump sum (which may include 'in, 9116ii-xince for 6verhend'and profit not . necessarily in accordance with paragraph t 1.6.2); 11.13. where the Work involved is riot covered by unit prices contained in the Contract Documents and - I . - _ .. . . �f . Documents . � - � il�64CC Men't to, a lump, stun is n reached under r6ragraph 11.3.2, on the basis of the Cost of the Work. determined as provided inparagraphs. IJA,and 11.5) plus i COWRACTFOR's fee for overhead and profit (deterritinidwipfavidtidift ph I i,07, paragra dov qj& e W&k., 11.4. The term Cast of the Work means the sum of all' ' cusu!neccssarily tricurred . a -_fid paid by CONTRACTOR,in the proper riformance-of the Work, Except as otherwise may be agreed to in writing by OVINEI,,such casts shall' be -in ammints no. -higher than those pievading in the locitlity of the I'viievL shall include only the 'following items and: shiill not include anyof the costi.iterni,zed in Pgragraph i 15'. 1 IA 1 Pa YOU costs fix employcei in the direct .ciripiai or(C0;NTKA(-l-OR in the performance of the Weak under schedules of job c[assificntioii's agreed upon by OWNER and C09TRAcTOR, :Such employees, shall include without' limititibit supcnrdcndcrita, foremen and other pcisomicl employed' full-Lime-int the site. Payroll -.oasts for employeesnot employed full-time an the Work shall' be apportioned on the I basis of their time'sperit on thi WO&I Payroll 80SIS shall includtrbuflo be th itedia; salniies and wages plus the cost of fringe benefits whiai shall include -social security contribution, The- e.,zpenscs; of performing - Work - after regular working hciim.on Simirday. Sunday or r legal holidays. shall'be included in the n"i to the e)ae.m qath6riud by OWNER. 11.4.1 Cast of all materials &q t furnished ana incorporated in tlui i� u"dX co�. Of .tqnspor . tation and storage thereof and Supl;ifierg field services required in ounnoction therewith. All cash discounts .11: accrue to CONTRACTOR unless OWNER da p Rinds with CONTRACTOR with which to . e. payments, in,which case the cash discaunts shall accrue to OWNM All trade discounts, rebates and refunds and returns loom sale of surplus materials and aluipmenr, ihiill accrue.'toi OWNER mid CONTRACTOR shall make' Orovisions ,sothat they may lie obtained 11.4.3.'Nymchts made by. CONTRACTOR to the Subcontractors for Work-perfbimed or fiLihislied,6y Siibc4itia6ci& If required by, -OxkNIFR. ' sxvcoEmL%L co"noxs 24 W/Crry OF rORT CONTRACTOR shall obtain competitive bids fixan Subcontractors accep table to' OWNER and CONTRACTOR and, shall' deliver such bids to OWNER wtio will then determihc, with the advice of ENGINEEK'which bids. if any, will bi iccepted. If any .wbcontract provides that the,Subcomractoi is to be'piii;l on the _15iisis of Coif 'of - the -Work plus'ivfce, the SUbconU"tCeSLC.oa:of the Work 6W fee'shall be determined in the.satne manner as CONMCTOR& Cost of the Work and fee' as provided in rerngm*;11.4, 11.5. 11-6 'and 117 All su6untricti shall ,be w jecit'fo the - priiiisibns of the Caritnict Documents insofar ais,applicabla. IIAA Costs -ofspe.cialcorLstdtants,(incluciingbut not limited to cngrncers, aTc U%% testnlaboratories sureyorsattorneys. and: accound:4emplcryd f&� services specifically relitcd -to -the. 14.4,5. Supolemaitiii costs including the (911mving; IIASA. Tlie Fro �pomnecessary uh. of necessa transportaiion, "ve end suksisteof MMemployees: IRACTOR's . incurred _' in . . . discharge of dudbq 'Coh.nectid with the Work, 11.4.11 Cost, including transportation and of all rdatiirlals, supplies. equipment, machinely'appliances, office and temporary facilities at, the site. andi'liand tools not owned,by the workers which are consumod'in the performance dthe Work, aQ,cosi'lcss:markct value of such items used but not consumed which nerraiintheproperty rifCONTRACTOR. 11.4.5.1. RentaL% of all constructibri whether rente&ftafCONTRACTOR or othert in iuicordarice 'ivith rental agrcemcnts,approvcd by OWNER With thelady iceof ENGINEER -and the costs of tirisportation, loading, unibadirig, tnsutllati6n, disniantlirg.arid -removal• thereof all' in accordar= with terms. of said rental agreeiiiints.. The rental 6f arzwsuch equipmem machinery ' or parts -shall cease wheiii the' use , ry pans thereof is no, longer necessary fat the Work. 11.4.5.4 Sales, consumer, use & similar taxies refitted ''the Woik' . and, 'for -which CONTRACTOR- iii bble, imposed by ILaNK and Regulation& 11,4.5.5: Depusits lost for causes other than nen.ce . of CONTRACTOR., any - Subcontractor or anyone directly of indirectly employed ,by,imy,of them c . r - for , whak-ucls'any of them maybe liable, and royii1t), P_'Hymci:" am fees for O&MAS and liacnia. i L4.5.6. Losses and damages (arid related 0-Ve.M.Scs) - c3dsorf by damage to the Work. not compensated by instireme crotherwise. sustained by CONTRACTOR ins corinackin with the per'ortcefurnishing of 0 xce lows da::�s c dcdduItblr:Ueo= Of, =Y VIsL�15 Icstablished W OWNER in accordance with. paragraph 5.% provided they have . resulted' -Cram, causes oilier Vian the negligenceor comr, RACTbjz,, - tiny,Su contracto, rOr anyone dire6d - directly or in 'employed b 11 any of themm or for whose acts arrtyry of them may be liable: 'Suchlosse3. inc udi sedemcmd made 'with 'die 'written coisent ind appioval of OWNER. No -such losses, dBmag('s andl,ingense;sball be,jinclude"d-in the' C'USt"of the 'Work' for, the . purpose of determining CONTRACT611!s fec7. IL however, any such tam or daIMP'ge requires reconstructinn ' and in chargethereof,thereof,iCONTRACTPP, 'is laced p CONTRACTOR-shall be pa - id,fici services a fec prdponionatc to ftt stated in pant I . Smoh 111.6.2. U-4,0 rhe�cost of utilitim� fi*l and sanitary facilities atlhcsitc. 11.4.5.8. Minor o Tenitses. such as telegrams,. long distancerelephohe Calls, telephone Service at the-s ite, eSc6rcssage and similar petty,cash items in conricction-with the Work., 1 1A.5.9; Cost of piiimiums i6r,-additionisl%Borids; and iiiturana iequiiid because of. charig in the Work: the following: 11.5,1j Nyroll cost-, and Other compensaiion- or C0N7RACT0R!ioffioer&_extcutIvm principals (of emploved'by CONTRACTOR• whether at the site or in C0\rtRA&(JR's.princijil or Gurtch of[ice,lbr g en I'administration of the Work and not if I !d in the agreed upon schCduIVCe`ofjc�j% inclTdo classifications rileried, io in parairafh1l'.41' or specifically 6^6v' q'ed by, paragraph'I V ,*4-all of which are to:be catsidered administrative costs covered by, the, coNtlocrows lei, 11.52. F—qxns" of CONfRACTC)R's pfincipal aria btanA offi66 other, than C0N%krT0R!s afn& at the site. 11.53. Any part of- CONTRACTOPIs. capital, expenses including interest m;CONTRACTOX& capital employed for the. Work and i;Wges against CONTRACTOR, for defiriquentpayintmis. 1-115.4. Coa of premiums for ii1l, Sonds and for all, insurance whether or not CONTRACTOR is requireq by the Contract Documents to' se afid maintain the - sartic,(Xcept,fior the cost of premiums covered by, -sebFianigraph 11,4.59 above). EXW(3ENMU%L,COWITION819ILL8 (199oEilificii), W/ C1 IY OF FORT COLLIM MODIFICATIONS (REV ,112 0110) 1 Costs diie to , tlnegligenceijoiof CONTRACTOR; any Sube,ontractor. or ainyune, directly or.Miwctly.dmploycid by any of them.or for while sop any of them may be liable. including but not or limit6d to, the correction of'tkfeclive Vo& dispowl.of inaterials,or ecj iphient wrongly supplied &Yj Making gtidd'any damage to'property. 11.5.6.'Other cverheadl or general expenx'cosw of any kind and thc.c6sti of any ac!�not specifibially-and pqwcsoy included in paragraph -4 m& the, ,W&T"PAcrbks f6e subwed in and Prior CONTRACTOR."f6i overhead _1! shallbe determined as.folluws_ -11.6. 11. a mutually succeptabli: Exe.d f= or HAI if ii Ei&016e is n6t agreed' upon; then a fee ' Based on iiii- folloiiinurcentascs' of tfm iari'ou's purtiom'tif djeC.ost of Work:. ' I I A2. 1. . for costs. InLurrod under paragra,pli-114-4.1 and 11.4-2, Ahe CONI , � kA G V 0 Rs re c , d tal I 6offlcen p-c rc c n I iA2.2: for costs incurred dhdcf paragrujil: 11.43; the CONTWNCTOR's fee "11 be five- percent. 1 14.23: where one or more. tiers , of, iu6o6nti-ads are an the basisof Cost of the Wbrk plus w fee.ind tfo.fmd Rifis agr'cedLUpOfL the mtci,t.of:paragrsphs,.*jIAl, 11.4:2, 11:4,3,ard 11,6.2 Lq-thal the Subcontractor who.actwilly performs or ftiirLW* the Work; at whativ& tier, %611 be paid a fec,of fiflea percent U the 6" incurred by. such Subcontractor t4ider paragraphs HAI -and 11.4.2 and that any higher tier Subcontractor W CONTRACTOR will each be u.6;2A, fici fie shall bie payable on the basis of,c ' rists; iterniied under paragraphs IIA4, 11-4.5 and 11.5. 11,615! thi amount of,crodiv.to be -allowed by, CONI,RACTok: to for or any, c e which results'in a not de&casc in cost will brer amount * of1fie4dual net decrease in cost plus a deduction in-CONTRACTOR'i fee by an amount equal to five percent of such'net decrease; and 11.6.2.6: when both addiiiam and.credits are uivolycd in any, one cAungc, the adjustment 4h CONTRACTOR'S fee.*shall'beoomputed,bn 6e basis of the net i;iiangc, dh' arcowdonre, .with paragmphs'I 1.6.2.1 thmugh 11.625, inclusive. 11.7 Whenever the. cast of any Work is (o be 25 detirmined pursuant to pa_ragm*1.l.'_4 and 11,5. CONTRACTOR will esiabbih- mid maintain records therebf in� accomb6ce with generally ;ic6qAcd,sccouhtini; practices andsubmitin form ic;xptable 10 LNG INEER an itemized cost bi6ikdo�Wt6jetheiwith sup ' ing data I ppurt Cash Allowances:' ILS. It -is understood that -CONTRACTOR has included .in the Coiiitnici thiri- all. in-ichic' Contract Docu merits and shaWcause the Wbrit-so covered, to,w_ - 'aiia j�;t&Tioffo`r su�,'h_SUm_.S as maybe ,acceptable to 6wNtR and sNGtNmR: cwrmcrop agrees that:. 11,91, the allowan6es include the cost to CONTRACTOR RA(—,r0R (less any applicable trade discounts) fatateriiis and equipment required by die allowances 'to , be delivered at the sfte,.Jnd all applimble-taxes; and 11.82 CONTRACTOR's cogs'for unloadug and handfirig on,thc,sita, labor.an-sta-116tion costs, averfiM4, profit and other e:\TcrL-A contemplated for the allowarices:have been included in the Contract Frici and nor Inn- the- allcnvsnoes. and no demand For additional piiymLni,cin ticocurit-ofiany of the foregoing will be valid. Prior to final payment, an appiopriate Change Order will be- issLiW as recommended by ENGINEER to mflect 'ac ' tual un6is Lm-chiegONTPACTORanocooiintof Work covered by illowaftces, and the Cittitmct Pricc shall be oorrespondingly adjusted 11.9: Unii N-ce -Work 11.9.1. Whef& the Contraict Documents provide that 911' err part ofthe Work fs to be. Unit Pried Work; initially t Price will be deeme& to include &;aIL Unit Pric6-Woik an itiAou'nt'cqt6l' to the sum. of the esaiblRihcd 'unit prices Mir each separately identifieditem item of Unit Price'Waik tima'thti estimated quantity of each, item •as indic'eted -in the Agreement. The estimated quantities of �itmm.i,of Unit Price Woik ftr& out: guamiiteed and are solely 'for the purPosc of compaiistin of -Bids mid determining an initial CbRtma Price. Determinations of ,the actual quantities and, classifications of Uiut.Price Work performed by CONTRACTOR ,will be mark' lay ENGINEER in accordiince,with panigraph 9307. 11.9.2. Each unit price will be deemed to include an- arricurd-considaed by CONTRACTOR to ba:sdequate to cover CONTRACTMoverhead and profit for each separately identified item. 11.9.3.OW ' NER to CONTRACTOR may make a Claim for an adjustment in die 'Catitruct Price in acd4tince,with Article 11 if' .1 1 L9.3. 1. the-quaimity of any item of Unit Price Work irri4drimed :by IcbN'I:p ' A ' cTOR diff6s amaterially and "SlignificaMly from. the-cstiniaQ, q.tiintity of.siuch item indicated in the -,% Ag reement; �WDCGZ*XA1;C0N=0M 26 wiCiTYOFFORTMLUM MODM&Tf6NSia. M`02000)' and '11 A3:2' diEre.is n6cuirrespandirig ad'ustitient WiEh.rL,J)eojLLo any dsber item bf Work; .and 119-3.3' if CONTRACTOR beliZves thit, CONTRACTOR is entitled to an: Lincrease, in Commict, Price as a result, of, having,incurnd addiiional. F.Vense or. OWN M, Mieves that OWNHkisimitledtoddtcneasro in!DonL{act,Pfic'e and the pwt'es . are runabl& to aqot� as to the. aill�i'of'a'n -fi i ='. -esse—or accrea-se.— 11,93.4: CONTRACTOR sc}aicnytedges, that the OWNFR has the right to add or delete items in the B tqr c�! quantities at OWNEWS-sole T,iwithout ccting the Contract, Price of in so , !tong as: the deletion or exceed twenty-five RmggA o the Contract Prico. ARTICLE 12--CHAINGF 0,FC6INTRACT 11XS 12.1. The .Cork6etTimes (or Milestones) may only be changcd by 'a Change Order or a W,ridui Articridmem. Any 61niffi for ,an adjustni ent of dwContract Times (or Milestones)"Ilbe ba-%-cd on written notice delivered by the party ninking the claim to the; other Party brad to ENGINUM promptly. (but inns event Later- ftn'thirty days) after tho-occiurcnco ofthe event giving rise to, the claim and stating tho general natuic of the claim: Notice of -the cxtcm, of the claim with supporting data "I be .delivered %vidiift sixty da . ys after such occurrence (unless ENGINEER allows additiaital time. to. ascertain m6re accurate .&i . a in support of the -claim) and shall be accompanied by the claimint's, written statement that the tidjustqi'eiit'clainid is the entire adjustment to which the .claimant[ hag'rvistih to believe it is entitled fis iiresult of the occurrence of mi&evira, All claims for adjustment in, the Contract Times (oi Milestones) shall be determined by EXGU-TEFR in, -accoiddirice , with ' Paragraph 9-11 if OWNER and CONTRACTOR cinnot oth&wise sgrm. No claim, foe an idiiistffient in the Contract times (or -1villestories) will"be 611d if not submitted in accorda fice with ih6 requircintitts of Ns paragraph 12.1 M -2. All time liniiis stated'in the Contract Documents tire of the enerice of the Agreiriient, 123, Where CONTRACTOR is prevented from completing any 'part of the Work within die Contract Times,(& Milesioneti) due to delay beycindl the control of CONTRACTOR; the Contract, Times (or Milestondj will' be emended in a . n-amouriL eWW 4o time lost du . er t . 6-socli delay if a cWiri is made therefor :as provi" in mramDh 12. L btlm b&ond . thi control of CTOR,shtill'indudc.'but not by OWNER, " or neglects 7,. fires, floods.. c *'crn ic, abtwrmW, weer or acts. of Gild, 'Pelays attributable to within the control of a §ubeontmctor or Supplier shall, be deemed to bidelays within the control of CONTRACTOR 12A. Whtivi iCONTRACTOR is prevenW firorn completing any pan of the Work within the Contract Times (or MU&1666s)�i:tuc to del* beycind4te canti6l,of both OWNER'_ and 604TRACT01Z, an extension of the Contract'Time's (or MiIck6nes) in an amount,_eQual.to the time lost due to such dcliy shall be gild inclusive-rcme&'kir such de any cr: any other person or or in iom or to any, surety for or employee;or a ent, of, any of'tlimri. for ramages irismg out of or '- i t6S from (i) delays caused bi or ivitfiin the control of the imANTP-AC"MR or (o) delays *ondIth, control of b4h li.artics including, but nut limaed to: firci; 11" epidemim abriturmal. weadw or other conihadw. by A iqIC7. ' ' ARTICLE 13-Twm AND - I[NSPIIECRONS; C�T CORRVIQIN, IiMIOVAL OR A,CCWr,%NCE OF OFFFCTIMEWORK, 11L Nivice,oftiefeciv. Prompt notice of all d?fe' dieNork.of which OWNER.or ONGNEER have will. be giveri'to, CONTRACTOR All ok-fterive Work may &e rejected,, corrected or accepted as irovided in this Article 13' Alcce*sla,Worilr: 112:'OWNER ami perwivial of interests "will have deceifs to the W&k at for th6 bbscr * i m50&_U_i _V i� and I vHtlurk ' . �CTOR shall, provide them p"a and Dr such - acceis and advise them of site safety, p r ocedmes and programs so my thicrewithas applicable. Teshrand1twieciriomr. W! CONTRACTOR shall give jNGMEER timely y riritice of f&diriess of the Work for all r&jbired inspecion0. tests or ajpprcrvialsi and Aiall-coopeiate with inspection and testing personnel "to Iiicilitaterequire-d inspections or. testis. 13.4. OWNER shall emplay and pay for. the';%ervices of an independent testing 'laboratory 'to' perfoim' all' tests; orapprovalsr. uiir by the Contac.==excpt: 13.4.1- for inspccticins, tests &:approvqls.cuvimxI by. pumgmph 13,5 below.- 13.4.2. that costs incurred in connection with;tests .or inspections conducted pursuant to fiiiagraph 139 EX1)COENERAL. ,Coi4lXTlOi-6-11910-8 (199M4466 W/ 6TY OF,FORTCOLLINS MODIFICA110r4s otl .112bou) below •shall -be' paid as Prorided in said parampI4 13:9; and 13AI as 'odwr-A-isesT.ecifiLaW provi dO in -the toniiact Docum-66L L 13.5. •If Laws or Regulations of W public body having jurisdiction require any Work (or,part thereol)specifically to be inspectect', tested or approvedAy an.cm0foyce or tacr n ati'ye oflsuch public body: CONTRACTOR assume fial 'reqw5rmibility- far arranging 6inirgiiicS inipe ____ and ob _di6iis. tests 6r approvals upj�-pay Q'IFC-0-Sis -in conneciion threwitK and furnish, ENGINEER. 6ii required certificates of inspection, spccuon. or approval: CONTRACTOR shell alw'be rq'OnSiblefor arranging acid ciWihingiirid s6ll pay all costs.in ocimcctim),with any nisp,ections. ' test - so . r I approvals required loa'OWNEWs and MG INEER$,aicceptance of ma te rials or cquipmant to bo inc: in the Work or of materials. mix t6gas. cgaipmcM stibirrat* 'ficil approval' prior To, CONTRACTOR'S purchase thirecif Tr incorporation,in 116: 1 f any Work (or. the work of cithers), that is to he inspected;. tested -or apiwaved is covered; by ,CONTRACTOR 'without ;written concurrence, of ENGINEER; it'thus ififequizfea by ENIPMEER. be untiwered for dl3scivati, on. 13.7. Urtoove -ring. as provided in paragraph 13.6 "it be at CONTRACTOR's ecpanse unless P, -CMFI-RACTOhas Och^FNGINFFR timely notice of. CONTRACTOR'Sihiu6m 'to. cover 'the -same and bNGNERR has not acted with.rcas6nable 6m.infaricis in risfatise to.%ucfi notice. - Tjo?eml gring I Vork. Qi -If any Work is i6vered contrary ,to the'writien iiquest, of ENGINEER, •it must, if.requested" by 24GRCER.'be uncovered WENGjNEER's observation and replaced at CONTRACTORs e-xpc=- 'q.9. •If ENG MIFER considers it necessary or advisable that covered Work be observed bv, ENGLNEER or inipected. or 't 0 . othek c6imAcrop, at ENGINELR's request, III uncovxi, eipose or oiheriVise maki avaaable for cbaervafion, inspection or testing as vcmm may re lui�e, that,po rt,on of ' �4 the. Work in question. furnishing all nec&sviry labor, material and equ . ipmenL If it is,firitind thiat such Work is difecirva, CONTRAC7 OR shall pay all claims, uDsts, lusses3and darriagm6used by,"ing out of ar'resohing' from such uncovering, I,CV�0S - =, observation; inspection and testing and 6f' satisfactory. -replacement- or rec'onsyru'ction, (including but not limited to all costs of repair or replimnent a work of iihersX and OWNER shall be entitled to an appropriate decrease .a the Contract Price, ana. if the parti'6 ana-unablo to agrec as to thic.mmiunt lhaic6E may makes claim therefor as provi&d-'ih Article 11. 1r, however,:such Work is:not_ found io be. defecfiw, CONTRACTOR shall be allowed an incirase in the Contract Price or an extrIsloin of thc'C&itract Times (or Milesio*5.-cir Both, directlyan a, butahle to such -17 uncovering. e.Vosum observiatiorL 'bqwtiom testirig. repliiccmcnl, Ft;a recoTistruc.tion;,'iind, 'if the parties are Lmsbli to agree as to .the smourd.,or exterit thereof, CONTRACrOk may malc`i daiind-wrefiss-provided in Articles I L' and 12: 0 WNER May Stop the Mork.-, 13,10: If the Work is defective, or CO&TRACTOR11'as to supply sufficient "od workers or suitable rate-Mils'Ur equipment: or fails to fuftiish orthe Work in such a. perf4rm . .. , way that ,ilm completedWork'will oorif6irr; to iliCoriiricf Documenm OWNER -may, order CONTRAcrOR to stop Work, Wcor any portion difteof until. the cause for such cider fas'been elim irmid- licrwever., this right of OWNER to t step - he Wak.shall riot give rise to any _dutyonthe pait of OWNER to -exercise this right for the benefit of CONTRACTOR or any -surety or other party . Correcrion or Reminut of Vi0ferfive Work 1111" If fe pried F�; F _q NGWFM comm-AcroR shall promptly, as dirmted, c1low correct all c6ftefive Work,, whether or not fabricated, installid or campleted, or, if the Work has been rcjecicd by ENGINEM:nimCTV_c it from the ,site. and replace it with Work thm: iiii :not, defective:. CONTRACTOR shall ,pay a1V claims, costs, losses and damages Ejnusecl, by or r�dtiT* From; such, correction or removal (=hiding but not, LimiW, to all costs of ( cliur or nepw;cmera of work'of others), 13:12. Correction Period'. 2!1� If within -one -yaw two after the date of iantial Completion or such longer pericid.ortime as be pre!kiribcd by Laws or -Regulations -or by the s of -any applicable speciid! jpafanircc rdluired by 'ontract Docurnew or'by any specific provision of Contract DocumenK any Work is, found! to be: instructions; (i) correct suffi'&fective Work, or, if it has been rejected by OWNER, remove it from the site and rcplhcc'it %*c Work that is not *fective, and (ii) satisfactorily corrvct,or remove and replace any'darringe to other Work or the work of othirs resulting thereftum. If CONTRACTOR does not piumptly comply with the terms otstich instruaf6na,or in an emergency where - delay, would, cause s6rioius risk of hiss -or -damage; OWNER may have the defeciWe Work corrected'or the rejected Wmic removed and replactick and all clairm mats losses and' damages caused by or resulting from such removal' and replacement (including -but not limited to all costs of repair or'icplaocritcrit or. wort or 4heri) wi-H be paid by. CONTRACTOR- liji-i-An spdcial rarcianatairas where a particular item of -equipment is pli&d in continuous service before Substaritial Ctiniplcti�di�of all the Work- the coire6do.ate if so pmvifi.period for ."t item may sun . to run, from art carlier date in the Sp5cificationslor b _. _y, Wriitcnii cndm6t. 13.123,Wheic dqfe0vf �Wak (and damageto other wt CITY OF PORT WLLIM-MOPM CAIM QNS MEV4(10M) Work resulting therefrom) has been corrected, removed -or replaced undevthis paragraph'13,12-the correction period hercuriderwith respect to such Work wiH, be extended for an tiddiLional peri6d of Mid yaeE two. years aftu such. 'ccriciitio-11 br removal , and replacement has been. satisfactorily Ecmpkt6& Acceptance ofDefeciise Work: 13,13, If, instead of requiring correction or removal: and replacement of defective Work, OWNER (q*l, prior it) ENGI14EER`i;-_ reecimmeridaiticiii .of firtal payment; 'also ENGINEER) fern to accept,it, OWNER, may do.so. CONTRACTOR' shsu� pay a claims. costs. losses and damag6 attributable to OWNERs evaluiticir of and determ nation to acupt such difeaftv W6rk- (such costs to te approved by ENGMER ailtarcisuzzlileness). If -any such acceptance occurs prior, to, ENGINFER's recommendation of firml payment,.a Change Order will be issued incorporating the pri necessary revisions m- the Contract D6Lumcnts with respeA.1 to, the Work, mid OWNER shall be,enti'tiedt6onappropriate dedease in the CA-4ttract'Price, and, the paruRjarc unable tdagrikas to the amount therW, OWNER ITinsy make ti claim -therefor as, prr;viddin'Arricle 11, If the acceptance occurs Am such: iccommendatiok an appropriate aMob.nt will be paid byCONTRACTOR OWNER. OWNER May Correct Defective War*; 13.14. If CONTRAcroiz fads witinn a.reairiiable time after wn'ttin notice Froinh . . NG I INSER to cciirc;ct,dirrc T, Worker tciremve and replace rejected Work is required by RNGINRUR,in accordaAccwith paragraph 1311, or if CONTRACTOR Nis to perfim Mite Work- in accordance: with thi'Contiact Documents. or if CONTRACTOR fails to comply with'arty other provision of the Cofitiact DiCumenj& OWNER, jjay, ifid seven' da-yg 'writte.n. raiiice,Lo CONTRACTOR. -cewrect arid remedy, any such deficiency. 'in exercising the _righui and remedies under' this paragraph shall proceed zcpediuously, In connection with such corrective. e. and remedial action, QWNER may,exclu&COIRACTOR-firoiii ofivr.part of the aiiii, taka ppssm"icin of all,orpart-cif the Work, 'and suspend - CONTRACTOWs services rotated thereto, take possession of CONTRACTOWs toblr, itliphinces. consituctiqn. equipment and inichmer' at the site and mcomorate M the WorL.atl materials and equipment stared at the site, or for which OWNER has paid CONTRACTOR" but which * are stored elkwheii. CONTRACTOR shall .allow OWNER; OWNEM rMescirduLives.. agents', and employees. OWNER's:. other cbritracturs and ENGENEIR and ENGINEERS Consultants access to the site to enable OWNER to exercise the rights and.remedies underthis paragraph, All i:laims, c6sis, losses anddamagesincurred or sustained by OWNER in exercising such rights -and rtniedics will'be charged against CONTRACTOR and a Change Order will .be issued incorporating. the necessary revisions in the' ContraLt * Documentsi, with respect to, the Work, and OWNER shall Iiii errtitled tort an app ropriate decrease in the Contract Firicc,!and. if thi parties are unable to a . groc as to the amount thereof, OWNER may mak7c a claim thcTefcg as provided in Article I I . Such claim-, costs, losses and 0mages Will,include fiat na be'limited. to, all 0sts�of repair or niplacinent of work 'of others denroyed,, or damaged by correction, itmovid or replacement of CONTRACTOR's,deZevde Work. CONTRACTOR shall nut be iillo,�iid'an c.,46isi.on 'of.thc Cordraki'Times (or- ..dc. . � � � I f- I Milistohis) litcafise of arp/ Jay in peffamance.0 the Work iviiibuitible'la, thi exercise by.,OWNER: of OVVrNERs rights and remedies hereunder. ARTICLE 14—PAYNEEINTS TO CONTRACTOR AND iCOMPLIftIdr4 14.1. ;the schedule of values cnalilished as pirovided in pamgtaph willserve as.t}te basis for progress payments. account or units completed. Affllicaitanf ai Progrea ti3ymenr 14:2.' AL least tiventy, days before the date cstiblishcd fdr each piogrcss,payment (but not more oftendianonce a month). CONTRACTOR shall subinit4c, ENGINEERfier review an ATlicautoi for ' ' t filled out acid signed by . .0 �w Paen CONTRACTOR covering Work completed as of the date of t6 Application' and accoffip2ni6d by such supporting documentation as is i4i7ed by the Contract Dcxuincnt& If payment is requested an the I basis of materials and equipment riot incorporated in the. Work but defivercd and'stiitabl""stored st,the site or at another l6catim *'Mod4u, in'wntifig, the Alipilica6tin for Payment shall tilsobe_iiccompanied byabillof sak._� invoice orother d6cuntentaticin warranting thit'QWNER'has received the, mrodiiiIs and equipment free and cl.ciiir of.all Lions and evidence that the materials and equiphient,are coveredby approlin . ate property mzumnoc and othei arrangerner its to protectI OWNOCs interest therein, all of which will be satisliietury to OWNER, The amount of reminage with respect to progress payments will .be, as stipulated in1he CONTIUCTOR's Warranty of Tide: 143. CONTR-kCTOR'w;inantsaml,guamnices that title .to all Work;, materiali and equipment covered ley any Application for Payment. whether iiicurpurafed.in the, Project or not;. will jpass; to OWN M- nolfiter than the time DfPayMCm fret Clem of all -Liens.. Rivrew qf..4pp1,cafia fvY'Prvpw_w Payment 14.4. ENGINEER.will withiri ten, days after; rec4t. of each Applicationfv-Payment, either indicate in writing a EXMCC,ENWAL.COi4PITIOM.19IL14(l99ol!t56n) W1 aTY OF FORT COLLINS MODIFICATIONS (REV -112000) and xiseitt the trulicaln in,writing,ENGINEEKs reasons for refusing to rccmitifiend puyment. In the law casc;,CONTRACTOR may --mak ' C,tW, recessikiy conections- and resubmit' th . c Application.. i- T' 'da fle, _ , f h en days - i;i r . prer�enrimon P - the wommeridation.'Camount recbmmemled will (subject .to the *6visions of die last sentence of paragnaph 14:7). becoxnc.duii: and wbw due will be -paid, by. OWNERT to 'CONTRACTOR N.5. ENGINEERs recommeriditu"oh of any payment requestal in an Application for P"cm will constitute a iR by ENGINEER io'M. OIAIN* based ENGII h, a on -site riKqervaticiiis of the executed Work as an experienc4d and qualified desigi *fcssicaiil andon ENGINEERs rciriewobf thiA -1 i*frirPaym&1and 'Xithat to the best of the uccompiinyiw ata and scMu IINGI NEEft knowledge information and he I itt: 14.5:1. the. Wb&..has progressedto Jhe Point indicated, 14-5:2. the quality of the Work in genemily- in accordance with the Contmet Wcaniiiints (iubject to, hn,cVal6tion of the Work as a hncfiqninj wlwolo 'prior to or uponSuhsttirdial Catiplati m to the results of.aqy sulsxquent tests caue& for in 'the. coritnict Documents, to a final adermiriiition of quantities and dissifications ' for Unit 'Price - Work 'order pam I graph 9, 16, kid to an - other quilificatidits,sta;Md in the recommendition);iid� 14.5.3, thc. cordifibriSr precedent to ,CONTRACTOR'S being entitled to such payment appear t& have 'bam- fulti - insofar RS'iL is ENGINUR'siesponsibi*too6saveiliaWcrk:* However. ',§y recommending any' such payment ENGINEER will noi thereby N deemed .to have represented that: (i�.e.-Jwustiive or continuous orLsite inspections.have been made to -check the quality or the quantity of the Work bqpnd the resfionsibilitics specifically assigned to, ENGIN[BER in the Comma DoEuments or (ii) that there may not be other matters or issues- between the ' ,parties that at*_ eraitle CONTRACTOR to be paid additionally by OWNER or. entitle OWNER to withhold pay mera to CONTRACT6R. 146 ENGINEEWs,reccimmindatich of any paymem, including final payment, shall not mean that ENGINEER is responsible fir -CONTRACTOWs means, methods, techniques. scclilerices. or procedures of minstructiom or ,the safer I recauttons,and programs - incident tHmtq or lbrIany safety of CONTRACTOR ib'Comply with Laws. n a 'd - Regulations applicable.- 'to -the luirmshing- cue performanc: of Work, or for my iiiihire of CONTRACrOR to perform br "sh Work in accd.rilan6c with the ContiamDocuments. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEERs"opinion, it w6tild, bi., incorrect to make the !0resen"norks in- 1.9 OWNER referred to•iii paragraph, 14,5. ENGINEER,may 'aU6 relivie m recormnad'Rity such'payrnent.,or,,be - criuse of discovered evidence. or the resuilti, of subsequent iiispections'ar tests, millily, any ii� payment previously iecartraneruleil ,[a ' sudi extent as r nity be nece;.�- in SNOIN-EFRIS Opinigh -6 I-i6ted OWNER from toss b=usc: 14.7'1,, the Work ii; dif�ctivr, oncompfeted Work has &. on -daroiierequiringio49 coeccfion or replabernerif., 14.7.1. the Contract - F�icc has, been reduced by Written Amendmenior Chian* Order, 14.73: OWNER has been or - required to correct �ft'Wor" or wirnpletc Work in �ac6:iftliin* Nvith n� 13 f4. Or, 143.4. ENGINEER, has actual knowledge of the occurne oof the 'events* enumerated' in poragrap rZ , 115aMui;h 11524 indasve. OWNER imay refuse to make liaymant,qfthe'full amourd recominended by-ENGINRSR.b6cauic: 14.7-5, claims have been made- against 'OWNER,on .account of ODN'rRAct-OR'sperkinianle arfornishing of Litt' Work; 14.7.0 Liens have been -filed in.civinection.with, the Work; mcoTt where CONTRACTOR has deliVered a ictor speafic BoM i satisfaY; to MAR to secure the satisfaction and &schaiBe,of such Liens. 14.7.7.- there am other items ent din&OWNFR to asd- off agailSt the am oust reoomdended: or 14.7i8. OVQNM has actual knowledge •of the, occurremc of a7. , 9a ffie� eventA ;riurficrated in psrigr4lisl[4-7.1 tugh.14,7314,paragriphs15.2.1 through 15.2,4 inclusive: but OWNER, must give CONTRACTOR immediate ,written notice, (with a copy to ENGINEER) stating the reasons for such acti6n and.prpmptly pay -CONTRACTOR the - luotifit so 'withheld or ariy.tub . ustmeni thireto agreed 65•- by - OWNER and CONTRACTOR. when CONTRACTOR coff acts to OWNERs 7 satisfaction the reasons far suck action. &bsranfial ifompiledim� 14.8, When comrRACTOR.ourtsiders the entire Work ready for its intended use CONTRACTOR shall riciffy CiArTNEA'and ENGINEER in\vritirg- that thwentire Work is. substaritially complete (except for itemspe cifically ecifically listed by CONTRACTOR -a&-irx 1eV) and te4wit that a certificate of SubstHrilial'Complettom Within a reasonable. time thereafter, OWNER CONTRACTOR and ENGINEER "I make an inspection of the Work to dctermine,the status of completion., If ot ENGINUR does n. consider the Work substantially complete: RqGINEER, will notify CONTRACTOR. . in %iTitirg giving the reasons therefor, If 6NGINFER EKvcr3ENLRALcor4)vnom i9mii o990 uditim) 30 WtCl-iYOF FORTC-6LUM MODIFICA'n'UNSIREN42000), considers the Work,sabstantiaffly.ccmplew ENOINIX-R, will prepare and deliver. to OWNER a tentative certificate .of Substantial Completionr which shill fix, the date of SubstandiLCompletiah. There shall die Attached to the ccrt[ficate"a,tcf'"'t1v'c List of items io be•cumpldedl m 66irected before finalSa OW NP P shall linvi seven , dsys after receipt of c tentative certificate during which to make written objection to ENGINEER as 16 any provisions of the certificate or attached list.. 11 after considering such•obj6diuns: INGINaR,comIudes t6t the Work is not substantially dimiplem ENGDMER'will ;�iibinJfot�rtoin days after su&m-M'-'M' olffthe-lm6tiv'c certificate to()WNER:nofifyCogl'P,ACTORin,*riti M stating the reasons therefor. M after corotideraiian or OWNERS objections: FNGINEER-oons5iIers the Work substantially c6molitc. ENGINEER will, within said fourteen days execute and deliver to OWNER and CONTRACTOR ar definitive ceritficate of Suhstaintiai Completion (with a revises[ tentafi0 ve,list oems to be compkICA or corrected)-reficchrig such changes from the tcrita&e certificaw-as ENGINEER believes)ustified after consideration of any ky obig-ecticirA Icon OWNER. At'the time of delivery of the tentative certificate of Substantial CorripIction, ENGINEER wills deliver to OWNER and CONTRA7OR a written qi,c mcnchdcn auto division final' — . of responsibilities pending trial payment tweert OWNER and, coNrRACTOR.'with respect.to se6rity, .operation,_ safety, nidin'tcnanccj.hc44 -utilitite4.1'u'surance FNGINEFR in wfiting prior to.ENG94ERR's issuing the definitive .certificate of Sobstaniial Ccimpletion, ENGINEER!s oforcsitid'recommendation will be bindirtgo on OWNER and CONTRACTOR Lail final payment_ 149. OWNER' shall have the �righf to exclude CONTRACTOR' from the Wuik after the date of Substaniial. Completion but OWNER shall' allow CCNTR-A.CT10R reasonablii amm to complete.Or coned heirs oil the teitwiv,Est Pwwd Udazalion: 14,10' Use by 'QVATER, at OWNEWs option of any' substantially completed part-orip, Work, whi;ft (i) has specifically been identified intM Contritd 1)601miritscir (6) OWNtk ENG24 M- and 'CONTRACTOR agree constitutes a separately functioning and usable parl,of the Work that, can be used by OWNER for its. "ended puimse without 'significant Jntciftreiice ' with CONTRACTOWs perfimnamie of the.remi.i-rider of the Work. may be acotimplisho-d prior to Substaritial Compldimofiall't'he Work subject to the Following: 14.10.1 OWNFIZ at any time may request CONTRACTOR in writinIg,to permit OWNER muse ;inv'wch part of the Wirt whi�fi OWNER-bleiieves to' be ready tar its trilencleil, use ana suristainuany oam,V1,tc. the � ork is substafitially'coniplete. CONTRACTOR will.,ciirtily,to, OWNER and ENGINEER, that such part of the W6rk-'is stilistantiitily complefe and request ENGINEER to issue -a ceillificaLe of Substantial Completion for, that part. of the Work. thi Woik read'for its:aended us e sc utimolete and imuest.ENGINUk to P-art of the Work. Within a iEs, - ionable trite altereither such request, OWNER. CONTRACTOR and ENGINEER shall make an irtspectidn of thqt. part of, the Work to determiric,its s . Wtus,of completion If ENGINEER does not consider that part of the Work'to OWNER and, CONTRACTOR, in wi-iffig giiihg the reasois therefor- If ENGINEER i5crusi6rs that jnrt of die Work to -be substantially coitiplete. the provisions of paingraphs 14.8-mid 149 %vill.applyihith re . sped,to ccinification of,$u6tantisl Cpmplction of that pan of the Wark-,und the division of responsibility in respect thereof and access therito. 14-10.1 No, occupancy or separate 0P=ti0n,0f f8rt of the Work will be soaorfiplishcd'pii,.v.t6,6cmphani:e with,the,faiIuirements-of rzragrsph 5.1 5-.tn-- respectof property insurance.. ,Final InVecdon: 14.11. Upon written notice Dorn CONTRACTOR that the entire Work or an agroed portion rti(M thereof is :complcle, ENGID =J %ill make 'a final OWNER cocci " 'th O X c()1?N7'0Z�OR in and' CONTRACTOR and will notify writing of all particulars in whi6h,this inspection reveals that'the Wick is I incomplete or dqfgcfivi; COMMACTOR, shall'inukdiately uike'such measures as are necessary to complete cinch work or remody.such deficiencies, Finale4pplication for 11kVine"r 14.12. After CONTRACTOR has completed all. such corrections to IN satisfaction of ENGINEER and delivered in ;accordance %vith thi ' C6ntrocf Documents .all maintenance and opemfing itistrumahk schechiles, guarantees, Bonds, certilimtes Or other evidence of utsumnx �required by pamgraph5A. certificates of insI xcuan,Imarkcd-up record docuinenLs.(as.prqvidid in: Dammoh6.191 and other documemis CONTRACTOR may -make application' for 'final; payment following the procedure ue ..Ior progress payments: mtnts. Pi final'ApPlication for Pbymem' .4mb be actioritilianied, (except as, previously. delivered) by: Mall documentation called for in the Cdritia,6t Documents: irr611u,ding but* not- limited to thi evi&nce of igananrx requir64,, by subparagraph-5:4.13, u)conseni of the surery. if,uny.,'tu final payment. arid, 4i) complete and - legally, effective releasci cr waivers. (satisfactory toOWNER) of all Li� arising out of or filed in connection wifh,ur, work In liedof such releases or waivers of, Liens and as appToved by, OWNER. -CONTRACTOR may limaidi• receipts or ri6Wsr in IWII and affidavivol' COMRACTOk-that, (i)'thercleicses"and .rrccipti include till luboi..mviucamatet-W and c4ujipment far which 7 , a Lien. could! bc'filed, arid: (it) all; pay r6U materialand cquilinint.bilh, aiYJ other indebtedness comiected-withthe Work -for which OWNER or-OWNER's property m ijht in any way be respoihszbole have been paid or 6therivise ratisFIC& If any, Subcontractorlc& Supplier fails W1 OTY OF FORT 00LUM MODIFICATIONS (REV 4120110) to furnish such a release or receipt in full. CONTRACTOR may furnish it Brnd or other collateral satisfiictory'.to OWNER' to inderurdy, OWNER%gairrst. any Lien Releases m ivers�arlicns arid the, - c (insent of the surety-t&-finalize Payrrient.,gri: to'bc-submiaed.v 'forms conform' M$ otheformat oftheOWNFRsstandard , forms bound in the project manual; Final Pa3mreat aqdAc6eplance. 14,13. If on the basis of,M4GII, = 's obsiavation of the NVoik'ift1ring- ct"iticiion,sitill finif" inspection: mid and accomp'any'tg docum entation as required', by. the Commet Ddcum'ents,* ENGINEER ii SR-nsfied that the Work has been coinpletc&and CONTRACTOR's otfter oblig•aticas undei the, Curmsct. Documents have'been - fidlillefid. ENGINEER Mil, wiihin tcn dayssfter receipt of die fial.Application for Psymera. "indicate'in'w-nting FNGINHER!s r*mmintl2tion:of payment and present ffic Appficstion tb,OWNER for -payment. Al the same fi m a HN G M FR will also give written notice to OWNER and,CONTi;&OR that ft Work is acccptabIc.whjtSAt to the provisions: of paragraph 14,15. Otherwise, ENGINEER will re6ti the -Appiic:;ticm to CONTRACTOR. indic5tiag in writing the, reasons for refusing- to, recommend final- payment in Which case CONTRACTOR'shall mukiihe necessary corrections and iesubihil the Applicati6fi. Thirty days alter presentation to OWNER - of the Application and ac=c 'Y'nj documentation; -in ,appropriate' form -arid substance u an With ENGINEERi f&cimrrcndation and notice of acceptability, the amount recommended, by ENGINEER y OWN will becciatc due and will be paid b ER to 14,14. lt:.through,no fault.of CONTRACTOR. final completion, of the Work is significintly delayed and if ENGINEER so corilirims. OWNER-shakupOn'receipt of the Agreimmt, make payment of tho balanceidue for that portion ofLhe'Work fully completed ardacccptcd� If the rema UUMrbaL aaCj to beheld by OWNER, for Work not fully 'completed or caii-acted is, less than the: rctainage stipulated mi't ' he Ag,teciaepL arid if-Bords-have,been fitinishedas required in paragraph 5- ],:the written consant of the surety to, the tyrnent of the balanct due for that portion of the Work Ity . completed andacceptid shall ba submitted by. CONTRACTOR to ENGINIMR with the Applici(ion lbr' -such -payment Such� payin - en I t,"ll be made under the terms and conditions governing final payment except that it shall not constitutia4uiver of 01 claim%. 'Waiter of Glaiaix- 14.15. 'Tlxmaking iqdacuc paymentwill pt*e final 14. 15. 1. a waiver of all' claims I by OWNER against .CONTRACTOR. P-vxcpt Chums arising from, unsettled Liens, fir6rfi dt?kcrlye Work appearing after 131