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Home My WebLink About113060 MOUNTAIN CONSTRUCTORS INC - CONTRACT - BID - 7277 INTERSECTION IMPROVEMENTS AT HARMONY & LEMAY1 1 1 1 1 1 1 1 1 i 1 1 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 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 Im within ten days zither OWNERtir and. to ENGINEER ,in Article 16, or (4) if no sLuchj?jspite_ResolWibn 4g(,e=,'efit 6sl6ecn cnf&ed into. a formal proceedirg i - s insti6ited b�, the appealirg party in o.torum -of comlietent junsdiction.to q(ckise such r4its or remedies as the appealinj pasty may hsv�i_4rith. respect. lo _ENGMI-R'ss dwc%ion, `unless otheivvik . iiEociid in writingb�, OWNER and CONTRACTOR ' Stich appiallwill not'Wsubject to the limocedi.fres of paragraph 9: 11. Deeldons on Mqwer 9.11. EINGINEER. will be the initiall interp;it&,of the requirements of the Contract Documents. and judge of the a _ptRbil11y6fdieWorl:ihamundff_ Clitirft� disput;sand rs. re rttlter I marten to the acceptability of the' Work .pe or .. : 16hi ifia rctafion -a the requireffients.W the Contract DocUmCrdS pertaining t&the Ocribrinince arid ftirinishft of the Work and claims under Articles- i I -mid lVin,rcqJect of changes in the Contract Price or Contract Times will be referred'initially to ENGINEER In writih& with a request for a foriiiid decision in acccrdariEe"vkh, this, MQrioi_ Written notice of eachsuchclaim, di - - or, 6ther matter� vutc, %ill be delivered by the claimant: to ENGINEER And the other rmrty to die* Affccfticnt jioffiptly (but in no C-icnr later than thirty days) tifter the start -Of the occurrence or event will render a f is re-601'r")t of t Tdance ";Vith I be final End biridmg upon OWNER and CO , NTPJ unless: (i) *an a*al: fiont ENG INEER!s'dicki6h i widiiiii the time lithitit End in accordimce w pm.cedures sot forlit, in - EXHIBIT GC -A. 11 'Resolution Agreement', entered into between OWN CONTRACTOR fiumiant to ArtiLk 16; or (ii) if'r MvuLie Resolution, Amemerd has been entered written decision is delivered ' by OWNLM or CONTR,kCTOk'to'thc Wi&r End to ENGINEER within thiity-. &ys 6fief ihc'dfttc &such, decii1on.,and, a rcimal, prpcocdmg Erifislituted ley the4plicaliri party in a fbi-tan of compet eM jurisdictior - t to exercise . such rights or remedies in 6c.lies as the appea Ing- niay'hit with respect to such claim; ve dispute orothamatter ME with applicable Lam 6f with tie end'R*Ihfions within �'i.ldy of. such •expc dzNUL.L CON=ONS 1!0 to-& (I ov 8(fitimj` WIM-Y OF FORTWt-LiM _M6D1P161]t?N5(M'4n0M)' dein writing by,OWNER Ion Willi any mtgprctahon,or, del faith ih,such capacity, -Therenderi GINEM to paragraphs 9. A to any =11m; disbute. or W any .i or SUM CMIM, UESPUIC OF Oil= MUUCrPtLF5UQM4D1AfE01_040; 9.13. Limittations, oh ENG14VIMR's Aji�4vriO arid' ,9.13:1. Neither Et4GINEFUPil authority or, in 4'ricit tifiden or rcq t,L)NMAWYK, any Z)tMT"or, any Ju x� pplier. any other r Manor organization, OTADAMY Mliity for or employci.or agent of arty of dwffi. 0,132: ENGINEER will not mperv=,, direct, .control or haveaulhorhy over 903c icsimnsible.for or to pertormance of the Work:. ENGINEER will riot V r&pbrtiibIc'[br CONTRACTOk's ffilurc-tu:Nrfbrm or fmtlih.die Woik in accordance with;theContract Documents,- 913.3 ENGINEER: will riot be'reVorisibli for the acts Or omissions - of CONTRACTOR or of ar ty on ktor, any StWfiir,tir 61-any otheiperion tv .0rianizaticni performmW or. fornishmsany: of the IWO& I 9:13A.FNGINEER!sreview-of the firiEl Apolicution for Payment and secombimvint, documentation, arid paragr1ph'IU2 will only, be to with iris of And in diccaseof cicrtificiitdi of tests' and" approvalr.iliat, die. results 01 . 135, the limitationsUpon, :authoriiy arid a responsibility set farth'in this piwagiaph.9,13'sliallalso apply -to ENGR4 [IR's CcirsultmiK. Resident ;Project RepresentativeI imdassistants.- t%RT,fCl,.E IQCHA GES M,�THXWORK 10.1. Without miyalidating,dw Agreement aa& Without notice - to7a:ny -MMLV, OWNM may., at!Rny time- be -from time, to umc� order additions, deletions or,rev'Gions' in 6i Work. Such' additions, deletions or rciisioris' Will- Tie authorized by a Written Amendifient. a Change Ordcr� Ur W Wcirk'Change, Directive. cove. .. upon I receipt of or�- - such docurriciu, CONTRACTOR shall With Ilia Work involved which will; bepromptly rpo: rb6rrLeiddou=nedder die applicilile conditions of the Contract Documents (except as otherwise specifically pr6vi&d)- 10.2: If OWNER and CONTRACTOR',are unable to Wee its t6 theexent: if "arty; of an ocij-ustindra",in', the Contract Prim or an adjustment -of the ContractTimcs,Lhat. should be allowed as a result of a Work Chiirjc,.Dircefi'vi, a:clmm may Ix irmae therefor as provideld in Article I I or Article 12. 103. CONTRACTOR shall not be crititledto an increifft inihe Cciatiaet Pfice or an wunii6n of the Conteret-Times with respect ani W6rk pcKoraid that is not reTmd'by theCDocuments as 'modiied and .suppIchicrited a p"idd in paragraph A Prqes - _ 15 and 3,6; «ccpt ih crease of an catergency, as Provided in paregmph6:23 or'in the cw' of - un6civarrig Work.. as. p,rovidrd in. paragraph 13A '10.4. .OWNER' and CONTRACT6R,-shall'. 6a:Wte ; . q appviate Chaftge'Ordcrs.r; recommended by ENGINEER, (or wfitlen A aerkhxi"r eve -ring 10:4,1.. changes in the Work. Which are (i) cx-dered by OWNER pdwasinVio ved paragm ', 10. 1. (14) rqqu' because -of acceptance �7ivfitv 'Work under paragnaIi.la'13:13 or correcting d&cfi%v-W6rk under- 10.4.2. changes in ifia-Contract Price or Contriict Timeswhich art agreed to byjthepartitv, and 10.41 charigs in the Contract Price or Contract Tiroes. Which cinbocly thc'substance or any wi:iutai 'decks iris - rendered by ENGINEER puii4caa to Pm6"ph 9.11; 'provided drift, iialieu of.executirg any,such.Change- Orde r, an :appeal may,'b.e tik-en rrom..acy such �Icn m -amordarice,with the provisions of the'Contract Documents and applicable Laws:and Regulations, lair inuring any such amcal. COMMACTOR shell. Uany. oat adhere ,to 'tfii' -'progress '.schedult: as. provided in Pa )h 6.29- 'I 0-5. If notice of any change,affecting the general scope o(theWork ,or,the provisio.m.efs.bei Cone act Doburvients.. W1 UTY OF FORT COLLIM Mai?iricAnOT-43 (REV -1/2000) (including'Nt not limited to:,Ccmract Price&Ceimrw Times) is required -by the provisions - of *rj Bond, t . to be given to a SUrCg1, thL; igYm*'.cf Boy'such'indtice Will be CONTRA _ 's rcspohsibility,,and-the'amount of each applicable Sand will be _adjusted ac-cUrdiril Y. ARTICLE LE 11—i-HANGE bF'tJdr;rrPAcT PRICE, 1,1.1. 'rhc contract Price constitutes ;the, total oarripcnsation (subject 6 mathori2rd a4j_uiim'cnts) [rdynbUf to'CONTRACTOR for.peirfbrnl* U'dutk;, ; die W6rk A respofisibiliticn -and! obligsti6ris: assigned to or undertaken by CONTRAMORshall be,acCONTRACTORs'vAi , pense without.6harige in thi'Coritract Price. 11.2, The Contract -Prim may o0j:be changed by a Chan&c Order or by'aWi4itten Amendment :,\ claim, 'for An adjustment, in the Ccintract Price shall be based'.on Wfitij�.ri notice d&vercd,by,tfic,pattY.mikih,g ' the claim to the other'party and to ENGINEER promptly (biifinnci eVeril later than . durty, chys). after. the start &'-tha .occurrence or eve - at - Aivira rise to the claiidirid stating the after the start of such occurmitce or evert (NE139-rillims:addificinal time for claioi,antld onal.or more accurate data in supportof the Mich the claimant is -entitled as a result �of said occur . rence, or event, All claims for adjustment in 'the Coi&act Pri6e ... sliall be'determined' bV'ENGINEER _ifi iieccinlimm' With *RAmph'9.1 I - it OWNER and ;W&Tm RAtTOR a" otherwise . agree M _ the ' a Gunt involved. No claim for an 'adjdslrneru,M`ihe Contract Price will be valid if ' not storm itted'in accontlawe With this paragra 113.- The Value of.'any -Work'.. boY&*d 'by a -Change Orda,or of any,x1aim- fbr.amadu'tiirdeni in the. t2antract Prim Will be deltamined'as 0116vis-, 113:1. where &JV6rk irivolyed-is covered byunit paces• T�Uiiincclin the -Contract- b6cunfenl&- by application of such unit prices to -the. tjuanti[iim of the items ffiVowed (su�Fcv . to tthe if 23 Parognir.011:9,1 through H �93: inclusiv;)t 11.3.1 * where the - Work involved is not cm crod -by unit pnoes contained-u'! the Coritiuct Dbuuments, by a, mutually agreed 0,aydent,basis:tinclWing; lump sum (which may include Iiin...allbian.ce W.,6verhisil'and profit not imemifly in accordance with parligrapli 11.6 27); 11.33, where the Work involved is riot covered by unit prices ountained-in the Contract Documents and agreemen . I . .to. . a.. lump. surri, is - not . r Documents uridei rragraph 11.1,1 on the basis of the Cost of the Work dcterminedas provided in paragizp6lil.4-and-1 1.5) phis ii CONTRACT :0R's I'm for overhead and P'TcAt Ce'.4 Of the Work 114. The term Cost of the Work means the sum of. all, coislnec�'-__ UY b-16-'uaidefid 'd by'CONTRACTOR in Pat die proper performance of the Work- Rwept as otherwise. may be agreed to in writing by OWNSK'such costs shall, be in amounts no. higher •than,those prevailingin the locality of the Reject, shall'include 'only, the Toll6wing items and "D not ihiiii arly,of the costsliticmized in Fi2ragraph I IS. 11.4.1.N)Yoll- costs for employ6ei in the direct employ of COINTRAM'OR'iri the pertlirmance of'the Work ,under schedules of job classification's ngrecil upon. by OWNER and CONTRACTOR, !Su6h employees- iftll include without ' limititibn cmploycd'tu]Vhme at the site. R atiployees,not employed ftill-tim on be apportioned' oni W basis of thelf 6 Wit 0 c'cists shall,iiclud�-bufa W %Mrld Wages plus the cost of tvhicri, shill include social wmt;y 11heii-p.loyinent excise and payroll andretiri4ment bt The' expenses of performing AV trirkirtg hours on Saturday: SanndaY.01 .beiricludedinthe above totheei IIAJ ' Cost of all mateiriiiIs and c*quipimerIt furnished and incorporated in the Work including costs, of t*V-0rIAtioh*?d straw thereof and suppliersfidd "ITd in cnr mliontherewithAll •msh=ntsMaccrue to CONTRACTOR unless OWNER deposits fitrids with CONTRACTOR with which to e ,310 1entii. ih 'which case the cash diivunLs shall accrue to. OWNER, Alf trade discounts, rebaWsaxid refUnds and returns fruni sale,61' surplus materials. and equipment, shill accrue 6 OWNER: "and CONTRAdfOR shall niike'proy'Isiort .so that thii rray Se' obtiined 11.4.3. Nymcrits made by' CONTRACTOR to the Sul3cominictors a Wa-'performed oF ftirnislied -by siibciri cicis_ ff required 'by.. OWNER, WICITY 01; ]VORT C0LL1M.MrJD1P1CA-n9NS ft:V4a0oo)' firom ,and if to the Cost of the Work. and fee as provided in pam 14 1 11.6 lanil 1t-7- All suhoor tracts shall be wk jixt to the other,provisionsof the Cantract Documents insothr aiiiMlicahle, VIAA C6=of special consultants, (including but ,not lirniw to �c`nii' hitect." tesun - , _ Neil, architects; % labomf4les. na-ve.yors. altorneysand--ii rants. ,mpIoycd1f& services specifically rclated.,to �the. W6I& 11.4.3. Sul4liern5rital costs iiicluding the foliowinig: 11.45r1` Tho Prop ortion iir necessary transportation, tinvi ipd CONTRACTOR'S I . . employees - . -incurred in discharge 6fdutib:q'conibettxl*4 the Work, 4 IAS,2:Cos*-including- transportation and mairitenance. of all materials supplies, equiproarit, machinery �appli ciffic.e and temporary, facilities at. the site .appliances trots not, cwndd by"the workers, which.irc the puftmance of diiiWork, and ebbl'Im.marL& V.alUC70f soChLitems used but net consumed which remain timic-pToperty.of COMPACTOR. - It. . 4.,5.3; , Rentals of all ct wristruion" in Itocordanmlwith rcntal-agroementsapprovcd by, OWNW4ith the ' the Costs of";Iminspo'itition,16ading, unibuding, installation •dism5nthing sad removal ,in accordance, 'ivith' terms! of; said rental agreements.. The rental *of any, -such• equipment. machinety or Paris - -shall cease "when the' use . t.kereofi;no',IMicrmveMaryf6cftWoek-: " 114.5.4; Sales, consumer, use or similar. ta�ds related �to "die ' Wo&- iaid,' :f& which, CONTRACTOR- is tiahles imptised by Lawg and Regulations 11.4.55: Deposits led for muses other than nehl of CONTRACTOR," �S6 -.or anyone diiroctly mr,indikect . ly tim plo, .yW by. any -of them Yfbi Whnt,e._ucM_qry df,theiii may be Iiiiii1c;and royalty paymq" and fees for peririits and'l.i" . " 11.4.5.6. Losses and damages (and. reliaed damage' to the Work, nolt coin insurarice,or otherwise. sust�irid b-' IIYI, y CONTRACTOR' in- corine6ition- with the parficran4fide and furnishing of - the Work (exsept Kisses tin&dHavikes within the dcductibla•arnount,,r of -property umuiance cistablished W OWNER in accon6ici with. pdiragiaph�591 providid they: y hive resulted- fiviat causes, other than the ne lig. of CONTRACTOR,tiny Su, dor, or anyone. cc Lly or in ly employed by "a'n*y of them or for whose acts "arry of themi maY -liable. 'i I . . Wine ude sctilc6iiais made 'with tlir wn'ttcra corsertt and :ppirval of OWNER- No such losses. ABinagis expenses "U 6i incfucka_'ii& Ui Ciist' ofati nd in. - 0 Work� for the , purpose of determining CONTPACT6R!s iee: It howcYcL.any such loss or "Inge ,requires recivishaiction ' nod CONTRACTOR its placed 'in, cKarge thcFcot CONTRACTOR shall be yAidi lei services a fee pr6poitionatc to that stated in paragraph 11.6.2. 11-4,57: 'The cost of utilities.- W and sanitary 'facilities at diesite. 11.4.5.8. Minor c�pd= such as. telegrams, Jong dist�,!clephciae calK telephone service at the'sitc,.ckomssage.and similaripctty.ca%h items in ccianc.0,on-with the Work IIA59. Cost of premiums for haditionaLBbrids and insurana required because of chang6 in the. Work; 115 The termpost of the Wc.ft.*ill'not incltideapy.af the follow Ali U.&L Pavroll, costs and other compensation of and **&onlradagents. .. I ng clerks. *Q and other Dersonnel, CYJ.NFFKAUl OR's principal or a branch oMcc I tor general adj�iJaistration of the Work rind not spe�ifically included the agreed' upon schedule, of job cbssificatioris� referred io in pmiraphliAl or spwifiEally covered by ar ;mph'[ I 4-4-4ill df. which, pwag are rto be considered adminisuative costs covered by.the, CON'l-R-ACTOR's fee, 11.51 Expenses, oiCONTRACTOR's pfincipal and branch offices other than CONTRACT6R!s offi6c at "Site.- 11,53. Any pan of CONTRACTM; capital expenses, including interest on. CONTRACTOIVS� capital emplayed'fior the. Work anti i** against CONTRACTOR.rbr d.cli4critpayments., M.5.4. Cost of premiums for 411 Sonds.and for -all insurance whetherisia-CONTOLCPOR is ruItiiiod by the. Contract Duct ' unc-rits'to puchasc andmaintain. the same (except for the cost of premitims,covered by 'subparagraph 1I.4 59 abbvc): W aTY OFFORT COLLINS 4061FICA110f43 (REV -1/2000) M5.5, Costs due to the, negligence of - CONTRACrOR_ any Subciontnacuar.- or Rmyone directly or iiindirectly employed by any of.them, or'for kylaiise acts any of dierti may be liable, incl44g but not limited to. the correction of - tkfecffi,� Work distxisal of materials -or equipment wrongly supplied aril mek5rp gd6d'any damage to property. !L,&6. Other overhead erhead or general expense costs of Any kind. and thic.costs'of au'y itemiricit specifiolly-and expNoy included in paraZfaph'j1'4, H-A, The CONTRACTOR's .fee all6wed to CONTRA'(7OR,' ki cvcrheaJ And profit - shill be detenmined as lbllowst -1 LEE a mutually acceptable lixpd,fee: or :14.6:2; if a, flxcd46ci3 tacit-aloced Upon, then a fee: tr of die. various hascd O-n- tlie� flollow-ilpffilentages portions of the:Cost of Work: 1 1.621, for costs. Under Paragropl-9.11-4.1 ' and _11%4t2, ,the CONI . RACTows fec!4=11.6efiftccia percent. 1 1;6.2.2: for costs. incurred under panagniph 11,43, the CONTRACTOR's fee shall be fiYP pa*t. IL6.13; where one -or more tiers of .. arc Ubixnafteu; a M the bjSjjr6f Cost,ofthe Work plus a fee--wid no fixed fi;e_ is agreed upon, the intent, of �pirpg;m 1 _4�1, 11.43 .and . plas,'I 1 �4 1, 11. 2 1142 iv' that the Subcordractior whn actually rf "s or Ruda ��hi� the Work; at wt�iitivar, ter, U17 I be. paid'afee,of fifteen percent of the 6usts incurred by such Subcon't-ractDi I'Mider plliagra* 11.43 And 11A.2 and that arty highq�_t . ier 11.6.2.4: fid fee shiill be payable on the basis of,costs itemized ur�& paragraphs 11.44, 1 IA.5 and! 'I 1,S1. 116.15: ili amount of,credir.to be- allowed by: CONTRACTOR Lo OWNER for any; cfw�e which results in a net: decrease in cost will be e amount of the'actual fiet deciesse, in cost plus a deduction in"CONTRACTOR's feel by an amount equal to five percent of such rict dkrease: and _ _ . 11.62`6. when both addiiicns.anJd.cre&6. are involved at any,%= Qhar, the'adjUstm.ent,iia COIN, be carnputed,cTi the basis CONTRACTORS net chat;, W iiccrwdarcii�.Widi paragraphs 11.6_11.thr.mo 11.6.15, iriclu'!nivic. 1 U, Whenever the cost of any: Work is to he 25 -CONTRACTOR will esiablish--and maintain 'records t�ahcrebof in idafic z ith ally ticcePtid,scoot"ing ctiees an nudd cast breakdatvn together.witE, supporting data 6A Allmmdces. - '114. Iiiiundetstoodtiva-t-CONTRA&dP-hasincla&-d in the Coittruct- Pfrce-Al aflowsme:i, so •ri`iiued ia{*th;i- Ciintract Documents and shall'cuse the Wb&so- coJctvd '�FTomLfisuch suns"'sMRytW acaptahle to OWNER and ENGINEER: coNTiAcrok agrees that:. 11,8A, •the allowances include the- cost .to CONITRAC'f CiR (Iesi'axiy appfic'ubla* trade discounts) cif.matcn'ils and equipment required by Ilie allowances to be deliVered at the sat3, and all applicable la oAd I I.V2.'CONITRACTOWs costs for- ung k.wInand handling on ' the sitelabor.4istill6tion Vand other 6*nECS dbnt�Mplsted- f0i: -the OIL=have been included in the Contract -Price. nc". -m and nor-in_�hc-Jlky�q ' and n6 &and' for additibnhl - - iment',ob accouritIoUany of the foregoing Prior to'Grial Payment, an uj*prike,(tbtinge Order will be. issued is itcominended by ENG,INFFR to,reflect actual, ammims dtie CONTRACTOR' on icootint of. Work covered hy. allmffificis; iinC,d the �(5fimact 'Price shall he cort4o*n*d4y adjusted. 11:9: Unii M.ee,Wark- 1 11,9.1. Whete the Cown a 136cuffi- ents pidVidiithat all, 4 or part of ft'WcA is to be, U& Pries Wori, iftilinui an amount equal, to the sum, of item of Ulu't'Pric( -of etch r item Ias' estimated quantiti not guaranteed a of unit Puce Work pier p- f ce . rmed' by w�� tiemade, by ENGINEER in I] :9;1 Each unit price will tiedeemed to include an arnuunt'considered by CONTRACTOR to be ndequati to cover CONTRACTORS. ovahead:Aral profit fa each separatily identified item. 11,93.1OWNER or CONTRACTOR may make a claim li]r_an,adjustment in,dhc`Ccntmiict Price in 4m&4hee*4 Article 1'1 11:9.3.1. the-quamity of any item of Unit Price Work fxiforinod' b . rj C - 0NTRAcrOR dittos - materially •arid signrficaialy fr cim, the estimated quantity iif,s. item indanted•in the AO--Merti 26 wi aTy OF FORT, OOUJM MOCkFi&60M(RV4,7000)' and A 1.931.,. these is no',cu'rre'sp-ondirt ac5ustinent with respect to any otha. itcM of Wp!C-. 04 119-3.3' if CONTRACTOR •believes that. C& TOR i s. entitled to an, iniaeasi: in Contruct,.Price as a resid[t, of - bavin �-Lncuirred 'addiiional.e�-poise cT,,6WNM' b8iciveA that OWNER isentitlexl to 6 docrtaw iii Confrut Price and the,parties gre�.uruibk,to: as the 11,9 . :3.4 cbjgTRAcrbp, ac66wieLiAcs, t6i ,the OWNER has the rhilit to add or delete items i the Bid . or che=cs; at- OWNERS. sole discretion without, ,a the Contract Price of .arty remaining "CM asz the deletion of. adelidon dues at exceed twenty-five percent of the orikinal total Contract: Pride. - - ART . IC LE 12'-GIi NGE OF CONTRACT "MdS 1. The ' riwitract Times GeriMilestciks) May only be ngtYl by a' Otange Or&r, 6r a -Wr" Arnendniimt. Y CIAM71,11br-an adjIttitinent tit the Contract Times (or legtoms) shall be based on written notice delivered by party-1making the claim to the- oth6 rarty,and to after tha occurrrrwaofthe everilvir4 rise to the claim -and stating,thii genial1 c claim: 'Notice or,the extent of the claim with qupportirg data "I be delivered within s` ' h ixty d s atiter such occurrence'(Wess ENGINEER allows, litidna'I dr6c . to, ascertain more accurate curate dta in support of the -claim) and shall be accompanied bX the claimant's' written statement that the idjustMC'M_clmmed is -the aitime a4iustm6u to which the claimant hher"n,to behiyi it is imitliid,asi ri'itsult of the -occurret-Ice- of said ev&iLAll claims!for adjustment in the,Cortinct Tmicis (or Milestones) shill be determiinedty ENG94EFR in; accordance' with paragra'ph 9'11" if OWNER and CONTRACTOR carinot oth&1wL'kCaff'ee. No claim'fa? an tidjustment in the Contract Times (oi Mlestoneo -will be valid if not submitted in-accofdance with"t}itirequvements of this paragraph 1.2.1, 12,2. Alltime Ii iisstated"i the Contract Documents airc6fthe esi i 'in A -re in ence of the g &hgnL 123.. what: WNTRAarok is prevented from corfipleiin'g any part of, the Work- within iKe Contract if 2. E, Delays beyond' the` 'contrul of TOR•shsiHIri&d-_'but riot belizailed to, acts' 7,. fires., floods., epidemics, abnorinal-.weather or acts. of God Delays attributable to,,arid wititin the control of 4 Sulbcontmctor.or Supplia shall be deemed to bi delays within the control -of CONTRACTOR 12A; Where CONTRACTOR is prevented from completing any part of the Work" within lfie Contrict Times. to ;delay bey6id the control- of both OWNER and CONTRACTOR in ..tension of the Contract7ima (or Mik-stones) man amount equal to. the time lost due to such delay shall bi CONTIRACTOR3 sole . .1 1. .. . ... - - - ,any Supplier. any other person or organization or to any surety for or emplcyoa.oraggemt. of any of them, for damages aris4,out of or,i- i ting from ()delays" caused r -rOR. or or within the control 'or -the Wm 0-46 (a) delays beyond thecontrol'of Bothfmnics incidd . in& but not limited to; fires Goo& epidemiciL abriormal, weather conditions, acts -of God cracts'ar neglect by utility 6;NncTs or other cofiEnictors.pqffirm ing other work as'comeinpljtvd 6y'AniPIC7. , .. . ARTICLE IJ-Usm ,UNo tN%PEC-T-1ONS;, CORRECTION. RFUMOV . AL OF ACCF7rAjN(-'9 OF D&ECTIVEWORK 0.1; Nouee.ofbefcak Prampt notice of all ckft'efiieAVork of which OWNER or ENGINEER have actuil knowledge will be givcn'to CONTRACTOR AlldefectiveWork may be rejected; oorrectcd of accepted as provido& in this Article 13, Accesstmwonk 132'OWNER. ENGMEM.'DIGNIE s Consullants,. other reipresenliatives,- anal perwimd! of OWNER ' irk(klp(:11411rdt-1060rat0iies c"U'l I ag. With ji I irm ondl inters will Piave access to the Work at ieasenable=times Cortheir I ation, . i - g and testing- CONTRACTOR shall provide them 'proper 4M' sale conditions far such'access and advise them of tONTRLACTOR's,siti and prodams so * ihq. may comply t1hcre1ii1l&asapplJicab1e. TestirandIngwerienr I33'. CONTRACTOR shell give "ENGINEER timely, 6itice of r" din - f die Work for relluired inspccti0l�, ep yess 9 � , Q .. 7 tests 6r approvals: and.sliall cocp%:,mtc,wiLh inspoction and 13A. +OWN ER shall emplay and pay for. the.services of an iiddq=denCLc'Amg 'laborut4y to' pfffiiim, ail' nspecticrL, I . egLso , . r approvals . ais req uired by Vit iffiontmet . Docvmert UAL for inspcciions. tests. Prapprrovals covered by'PRrugmphDd,5b.0w--,- - - 13.4.1 that costs incurred in connexion with,tests tests ,or inspecions pursiiiint to firagriiph, !3,9 W/ CITY OF FORT OOLLINSMODIFICATIO?43 (M wiow) below Ishall �' paid is pmVided in, said paraMph 119-. and 13.4.3. as otherwise specifically provided in the 13.5. IfLaws orRegialiomofanypublil juriidiction require any Work (or,part tnerec w be irnapectctljcslcd crapprovcd,by- an shall assume fully mspiiwibilir jor arranging and r aboming such irts�iectiors, tests or approvals in connin6tion therewitk and Furnish FNGINEER. the required cer'Cificites of inipection, or •approval, CONTRACTOR'shall, also be' re sible'l5cr i ii porim . arrangirg arid 6btiihing and i6ll pay all costs in 6ormccrio"mith, any it ( ons., tists or, appr&vals - rcluirvd fcfr OWNER:s and ENGMER's do6entiince of materials or ecuiriment to to 13,6: 'If any Work (or, the wnrkof others) that is to he' in- st,ected, tested'or approved is covered. by CONTRACTOR without 'written cancuntrice, of FNGINFM- it' must, ifqrxptstcd by ENGINEER be uncovered for obscrviition. 13.7, Urtooverirg,Woik as provided ikjisragniph 11.6 shall be - at CONTRAuOR's experts.' unless CONTRACTOR. has Och'FINIGIAER timely notice of CONTRACTOR'S ""intention -'to cover ;the same and ENGINEER has not acted with,rcasonable Obniptnasa in rcg)oii9e to suclilnotice. rjncovvinjr I Vark. I3;8: if any W6rk is. coyeivd contrmy'to the,written iequcst 6C ENQM' it must, if icquosud by 24GRCER--bi uncovered WENGMER's observation and replaced at'CONTRACTORs 13.9. TfENGiNFF.RconsidL"it,necessary 6radvisable that covered Work be observed by. MTG.n= or inspected or, tested by othiek CONTRACTOR, 'at ENCIME ER's �eifuest. shall uncovei. expose or oil� make'avaUble for observation, u'ispection or testing as- 124GNM may require;, that portion of the Work in question, filmishinj all -Inec&mry labor, material and Of (including . bUt."not-limited to all costs of repair or reoiceracm,61-work of othcrs�, :andsOWNERshall be entitled,to an,app'roprui I to decrease in the Ccmract Price, ara it tho'pirties ureunable to agrec:as to tho-amount thtircb[ may make -'a claim therefor as provideCin - Article 11. It, however, such Work is.not. fixtrul 10 be defectNe, CONTRA&M shall be allowed an inercasc in the Contract Price or art exlension of the C&itract,Timcs (or milesiimigmj, -or troth, diiiatly qmibumhle` to such 27 I uncovering. eicpotirc obseryition mapeittom tstirtg, rztil icemen[ and recortstractibn m d J'the parties :are unable to agree as .to the- amount, or extent thereof, CONTPUACf OR may makea claim thereforr as provided'in Articled I and 12. ' OWNER Akt Stop the !York. Correction nrRemoiwl of Defective Work• 13:1 L If re9uiied hi; KNGINF,ER; CONTRACTOR stall promptly, as directed, dither correct all defv dive Work; whether or not fehiibated, installed or cgmpfeted, or; if the Work has been rcjected by ENGINFM remove it firm the site. and replace it wit$ Wank thin is not, defecthw. CONTRAGTOR shall pay all' claitpc Costs, losses. and damages crusted' by dr resulting _from: such, correction or removal,(inclUdirtg bUt not'linrittd'to all costs, of (g'mitt or replicemenr of work'of others);" 1332.Corret7lan Period- 13,12.i If within ape year two vcars.afer the'date of Substantial Completion or such longer: period of time as maybe prescnbed ty Laws :or Regulations. or by,the, firms of any,applicablu special'guarantcc,regaired by theCbntra Documt rits.or'byarty spocific provision of the Contract DLsc= rK Any Work isfounds to 66 defective. CONTRACTOR -shall promptly, withooecost' 'to OWNERatidinaccbi&n a wttti OWNER'S wYittap snit ctions; (i) carrect,such defective Work, or, if it has been rejected by,OWNER, remove it from the,site and replace 7t with' Work that. is not t�fective and (ii) satisfactorily corrector remove and replace,any. dainage to othei We& or the wark of others resulft%therefrom. If CONTRACTOR does not promptly comply with [lib terms of -such instructions,.or in an.emergency where delay Would. cause saioas, risk of loss or damage; OWNER moyhiave the dafecfive'Work corrected or this NJ Work removed and replaL&L ands all claims,•. costs losxs apd'damages ciused by orresullitj from such removal' and replacement (including'but, not limited to all costs of repair or repaCvnent of woik of 9the ts).win bepaid by. CONTRACTOR '13,12,2.In speoral citcumstahoes- where a, particular item. of egtapmem ;is placed in continuous` servicc before Substiintral C&rnt letii'dt,of all: the Wbrk: [lie' c6h-ei:ttoit period for thatiteaj may shirt to rim Gom-an earlier date ifsoprovided in the Spoficatiorts or�by. Writen Amendment 13,I23, Where defective +Work ,(Ono dampgeto' other og ,sicocasHrRu coNtsnorr;ivtoat(t9vusaGmt; wl a- Y OB PORT, coutra MODIF7CA:n0N5 iM' 4a0ao)` Work resWting therefrom) has. been corrected, removed'oi replaced tinder,this paragraph 13,12i the correction period hereunder with reskd ia.kic r' Work wiu be exiandal for an additional period of daxtyeaF two veins •after such?'correctionor removal and replaameit him beeri.satisfacrorily Bcfhplet6&. rleckmi ee OfDefechve Work: 13.13: If; imicad of requiiing'correci[an or, removal! and reolacemeni'of defeciiveVork OWNER (arid rrior to to in so., aril and s tp Contract Price, and,if the - rues arc unable t6agree,as to the amount thereok•Ol R ptay,make s claim therefor ai provided in Article 1,1.. If the acceptance occurs after such rccommcndation; on appropriate amount will be paid OWNER May Carted Defec6e WOrk 13.14: 'If CONTRACrOR,EWs withm'e reasmiebledtne after''"11 n notice fmin ENGINEER to ciiioctda/aEttir, Wak.cr'to remove and replace rejected Work is required by GNGINRER in accakhmec'with paragraph 13.11. or if CONTRACTOR fails to pcitonn tlx: Work in accordance to comply with airy other provi iofi.gf the. Coitiact Dcictimentt._.OWNER may, after seven days' written noiicwto CONTRACIOR„carect and remedy any such deficiency. Ui. cCerctsing the rights and remedies rimer' this pam- graph OWNER shall proceed zcpeditigisly,. in coraiectich with .su6h, corrective. and -remedial racoon; OWNER may,exclud CONTRACTOR from aU or part of the site, take postession.of idl,ar paroofdte Work, land suspentd'OONTRACTOR's services related thereto. take pgssescion of" CONTRAGTOR's tools, appliances: airtSUtutiott.equipniem and machinety 'k, the sfte' and incorporate in the Work. -au .materials, and "equipment stored at the. -site or for which OWNER has paid i agents ,gnd�,cmpluyees O,WNER's•other and ENGINEER and ENGINEER'S ocess to the site, to enableOWNER to #its anii.re-medies tmder.this paragraph, All ttc,rssuol urcmpoattng'the ,nedxssary fevmons,in the Commet Dccumenls with respect to- the Work! and OWNER shall be entitled to arrapprupriatededrease in the Cohtraet price,•and. if die panics are unable 't6 agree as to the amount thereof; OWNER may make a claim therefor aa.provided in Article 11: Such claims: cosi_s, losses"aiid diiniages wih, incltucie but nor be limited to, all Zosts,of repair' or.replacement of work of'others Ae-stroyed: or damaged' b C*orrectimnL rcm-0-Vid or replacement of CONTRAI404's-d4clive Work •,CONTkACTOR shell not be allowed 'an, =66mion of the Contract .Tines (a: Milis*c%) because of arty. delay 6 peifeirmance 6(:6t Work attributable to the . exercise by. OWNER of OWNER's rights and nemedies hereunder. ARTICLE i i-PAYNmws to col;%alkAtTOR AND W&EP11TI6M Schpiuli 'of !Values:. 14.1. The schedille of values established as.provided.iii paragraph �h 19 'will serve as.t6t basis for progress'paymaits and .will be, inctiiporatcd into a.. form, of licatidirl far Pp Nyment acce NUR. Progress payments an pudele toENGR y socountof will [e based on the'number. of up i&conip!itrd Affluwi�an)i;i Progrew "om"r, 14:2. At least twenty, days bef(re the date eseiblished f& each,progress payindfit (but not rhore,often thanorix a An*fi). CONTRACTOR- shall submit -to ENG[NEER for review y, an.Application for iiient filled out and signed b CONTRACrOR 6owringt. Work completed as of t . he date of the Application and acconipanied by such supporting documentation ai is required by the Contiact Documents. If. payment is requested an the —Ws. of materials and equip'ment not incorporated in thc.Work but di&cfed-.and' Witablytswred at the ..site or at ars3ther locationao,tcd•tu in n UMU4 the'Aliplication for Payment shall,illso;be_iiccomp�d by still of sak, invoibe,or other d I ocumentation warranting that OWNElt: has received the mAtihiiis and equipment fice and cleiiir of all Liens am evidence that the materials dfid equipment,vire covered byl 110propiriate prop,:rty 'misura= and othei arrangements to protect OWNM'i interest therein, all of which will be sateictury to OWNER, The amount, cie. retainage with respect to prog ress papmenm will_be as stipulated in'the I M. ILLSV COjVTR4MR's Warnudy of Tide.., 143. CONTR-AC-TORw;frmnisaM,gumuntees that tide to allWork, materials mki equipment covered, av . mill by :any ihcor *W i� Pon the, Projector ni3t.will pass to OWNER no.liiia thiuithi,'time of p9ymeril free kid clear of alltiena I&Wew Of_4pphcad9wfor Progress PqymenL7 14.4. ENGENEER.wilk withid ten days after: receipt of each Applichfion f6r-.Nyment either, indiiiate in:,iinting a, W/&TYOFfORT COLLINS MODII-ICATIOT NS (REV ,1/2 1 000) to. OWNER, or dN.hhKs,Mscns for Miusing to the latta casr,;VONTRACTOR F carrictiom- and rMuletiliv the the provisions of die last semewe erne Z and whca*.d6i will be p 14.5. ENGINEER's recommeri6tion of any ria)Tnant requested in an Appficatiion for Payihcnt will ,conatkuk'a r4w,awmatirin by ENCTINBER - to OWNFRbased 'on ENG MI*Mi on -site ciliserVatioits of the executed. Work - as an experienced and qualified de-siWi profeSsiciiiiI and on ENGINEER's revicw:bf th-c Aflific-ation for Paymentand die accompanying,.Wta and sclxU4 that to ihe`bmtlor 'EivGINEER's knowledge, inthrm�tian and belief: 14.5.1. the Wo'rk- Dias progressed to she point indicated, 1,4S:2. the quality, of the Work is jencrilly:, in accardance'wilh &- Coramc-t C)&urmints (subject tn iiii,evaheition of the Work its ahrictioning whold prior to of Cornoaibi% to the rj3UljSr -of any subsequent tests called, br -in'tfic,Cofitricl Documents; foe firm] datertainration 'of quantities and classifications ' for Unit 'Price - Work 'under panigap0;ilifidti6hs,stiitcd' h91AUan&t6.#nyoth qf, 14.5.3; the conditions precedad to ,CONTRACtOli's b6og entitled to, such paymoml appear 16. hdv� ,�ii 'b6eiT AU611W insofar as EINGINEETUs responsibility to'observe the Work'. However. 'by recommending. any such 'payment ,ENGWEEW will 'ribi, thereby be deertG to MVe refircscrried that- (),cdoustive or continuous on;site imiliectiortshave been made to check the qwfiry or the .quantity of the ork bcyqnd the responsibilities specifically assigned"to, ENGM-13R I in the -Contract DoEuments or. (h) that there -may not be Other matters or wu Documents . s - between the .parties i that alight. amide CONTRACTOR to be p�idaddliticnally'by OWNER & entitle OWNER to withhold payment to CONTRACTOR 14 6. ENGIMPIts, recommendation of arty payment, includin,& final payrric4 shall not mean ENGINEER is responsible fed CONTRACTORS means, methods, tecimiyues sequences or procedures of ebistructi6n, or thi safety preLautioris.-and programs incident'theretu. or for airy failure cif.CONTRACTbR ib cicmply widi L&vs and - Regulations applicable, 'to 0 the hinnisht I n'- or. pcdbnnarics of Wort- or for any lfiwyre of. CONTRACTOR to. •perform or [Itirnish -in acc;60=6e with the Cont*_LDocum_cnii. * 14.7. .ENGINEER may reffise to recommend the wluile of any part of any payment4f. in ENG1NEER's opirrim, it would, be. incorrect to 'make the r60rt W-rindo"M to q9 OWNER referred to•iii rziragraph,14,5: ENGINEER,may amsi&M them Work:stii*ntially complete, GNGfNELT2' ,aL;A3:mfirseto recommend'sny such'payment,�o',;lxwuse.of will prepare and deliver'to OWNER a,tentutiv 1M1 [irate, subseijuently ihsco'veied evidence or the resents. of of Substantial'Complctibn which shall fix,the dite.o subscttuent utspectigns or toms nullify, airy such payrarnt Substanhel Compleutai. TF ere shall ibe attached to the previously, recommended ,to such extent as may be certificate a, ientahve list of dewstb be cumpletedbr necessary in MOINRERs opinion toylirotect OiaNER &oar ioss 6ewuse:. corrected before final yrnerit QtV�TFRsfiallfiavcseven days after receipt of ' tentative certificate during which to male written objection to ENGINEER as:'ro any "the 14.T.1„ the Work is drjeetiNr, orcompleW Woik hM provisions of certificate or, attached list IL' .after tieenilamagedrequirmgconoRionorreplacxmeia., considering such object ons hN(iINfiER.concltuks thaE the'.Work is -not subsuiiitially oomplete,'ENGINEEER'will 14.7,2,. -the Contract .lkice has. been reduced 'by, withm•,Cotirtern -days alter submission of core tentative Written Amenidment orCtiafige Ordc; certificate to O WNHR� notify CONTRACTOR in :writat4. ' stating the reasons thremilbr, IQ, after consith Uon of 14.7:3 OWNER has been required to correct OWNSWi objechonis &4GINEER ooders the Wort - '{deems Work of eomplcti Work ih'acconkaiee with' substantially complete,. ENGINEER' will within said paragraph 13-.14. or, ,fourteen ,days. _cn' vute and deliver to, 'OWNER and :CONTRACTOR a. definitive certificate of Substantial ' 14.7A ENGLN&ER.,has actual knowla,* of the Completion (With a revised tentatwetist of items to be occiirrentccc of 'a of the events .cnymcrated' in completed or.corrcctcd).reflecttng_such charges from' the paragraphs 15 2.1 through 15 ± 4 uwldsim tentative certificate as ENGINEER believes justified alter oormdemtion of any objecaionts &bin OWNER At'Iha OWNER mayy refine to make payment of the"full amours iiended Icy ENGINEER becatise time of delivery'of the tetaalive ceruficatc of Substantial reeb Coniiplebon ENGiNEFR ivilll deliver to OWNER and ' CONTRACTOR a written recommendation as to division 14.7.-5, claims have been made against OWNER an of r sportalhil'giis pending• firer paymentt i�-tween` acGauntcfOON.TRACTOR'sperforrnanociirfurmshmg OWNER.. and CONfRACTOR7with msspoet'to security, afthc:Work; operation safety, mainienancc 1ieaG ,utihbes ubsurunee and warranties. end guarantees. [tttless OWNER "arid 14.7.5 t.iens,have. been •filedin,itxnebtionwith;thio 60NTRACTORagrceothenvisemwnitai@andsa,irfotiri Work: except where CONI RAGTOR free' deivexed F�1GINEER in writing prior to ENGEV}iER s issuing the specific.Boiid:sit aitory to OWNER'to secure the definitive• •certificate of Siibst- teal Compleban satrsfactionarid disclmrge ofsuch[.ions; ENGINEEER's aforesaid mciimmendaUai will be biiiding on OWNER and CONTRACTOR lentil final payment ' 14.7.7 there arc other items enhtling OWNER to a sct- offagainsttheammntrecoi_iitrieided:,or 149. OXVNER shall' have the right to exclude. CONTRACTOR from the Work- ifter the date of 14.7:8 OWNER has equal knowledge of the Substantial Compleboiu but OWNER skill allies occarience of a -of they events, onumerate'd'.in 'CONTRACTOR reasonable aocess.to complete or correct pariggraphs14,7.1 t ough 14.73 ortiparagmphs15.2:1 iteinsanihetentativelist through 15.2,4,inclusiyz, Pwiial UtIfiz llun: but OWNER roust give CONTRACTOR immccliate written .nouLe (with a copy Ala ENGiNEF,R) stating. the. 14,10 Use by OWNER. at- OWNERs option of, airy' reasons for such aetion and prompitly pay CONTRACTOR stit6mmially completed ptrrofthe Work,.which; .(i) has the amount so Withheld or ady.adjustment t}sretn agreed. sPeeiGcally been identified in dieContrictDckian its,'or to• ley OWNER and CONPRACTO& tvfiai (u) OWNER 'EMINEER and CONTRACTOR agree CONTRACTOR. corrects to'OWNER's+,aatisfaetion the: constitutes a separately 11inctioning;and timble ptvt._of the re asons for such aetioni. Work • chat can be used by OWNER' for its, intended ' punpnse without sigAficant '"eifirence with Skbitamial Compfegtm: CONTRACTORS performance of the emamder•o£ the Work:, may be aoaimplistial price to Stibstaniiial 14.5. When CON'TRACTOR.wrisiders the entire Wort; Completion of all the'Wbrk subject to the following: really for its intended use CONTRACTOR simll ntotify. OWINER'and ENGINEER m %%Tieing that the, abtire Work. 14 IO.I.OWNER at any time, may request 'is. substantially. complete (except for items speciGailly CONTRACTOR 'utwril'iingtoptmiit:OWNERto'use. It by CONTR.ACf OR as it e6mplete).and request drat any suchpart of dte Wciiik wtiiGli OWNERtielieves to' ENGDI EER issue a, certifii,•ate of Substantial 'Comppletion: tie' ready for its intended tiso and .substantially, Within a reastaiable time themallei, OWNER CONTRACTOR ENG RIM ore com ete. If CONTRACTOR.4esthat ,such Aof and sfwll m an inspection the, ork'is subsiantitilly' complete, CONTRACTOR. of --the Wart, to detcrmme.ihe"status of completion: If "subskritially will certify;to OWNER acid ENGINEER that such F1VCr1NEFR' does not , cronsider .the Work complete; ENGINEER will 'notify CONTRACTOR_ in pparartt of the Work is substantially completi acid request ENGINEER to issue 'a certificate: oC Substantial ' w7itiig giving the reasons therefor, If, isT?G[NEHR. Completion for that pare of the 'Work_ 30 Emit taNEAI: co:,Uttlo?a t9 lV-t(i 99vudititer) .tvt q'I'1' OF FORT CUI:LINS MOOIp1CA'1'IONS (REV A20aai' CONTRACTOR TRACTOR at any time inay notify OWNERa.M. ENGINEER in writing that CONTRACTOR corusideri any suck part of the Waik ready for its,inictided use add substantially complete and request ENGINEER to 11 L 'C that ssuc a rtdic�iitc �6f S4&ift6l C 6mplitibri for FIT _,_ of the Walk. WithWithina reasonable tmbc after either- stair 's4 OWNER. CONTRACTOR and fNGEZP, shall make -an irspecti6n of that part of the.Work to determine -its Status Of compleiian. If ENGINEER does not consider Nit pa of theAVork to be sUstaritially - complete 04GE-JEM will notify qWNEk_Q'i;d CONTRACTOR in writing gMrg the remiss therefor.. IfENIGMER considers that part of the Work to -be subatalitially complete. the provisions Of paragraphs-14 8 " 149will.applj with respect to Oirtif=timi Of.$Uds2iintiril Completion Of that part Of the Work andthe division of respoiisibility.in resp ect 1=otd.nd access thcr&o. 14:10.2: No.occtlpancyorsepamte openition,of ran GIthe Work %Oill'bc aomniplishod'prianto domphidice vnth,the.r'equitaiie'nts--o-f.immkmo5.15�m respect Of property imu rance.- Knal InTacdon: 14,11- Ifft6nWritten notice hm-c.,ONTRAcrORftt,the, entire- Work or an agreed portion EiGNEM will "-d a 5W. ljS with 0 .JVCILon WL OWNER and, CONTRACTOR and,will notify- MUrRAC-CO.R. in MSpectjorr writing Of all. particulars in which. this' reveals thalthc War'k is incomplete or, &fklfi-c •comrRA&bR. shall immediately wke such measures as are necessary to complete such,work or rcrnody.such dcfi6icncie& Final rJppfication for Pqv*enc 14.1-1 After CONTRACTOR OR has completed all such corrections to tho satisfaction of iiNGINEER: and delivered in Accordance vith th& C6ntracf D6cuments '.011 maituriance and operating instructions, sqjvedule�. guarantees Bonds. certificates or other evidence - of inlumnoe required by jaragraph.5.4.. certificates of 4*qiork marked -up record docuffients.(as.provid&d in partigniph6.19) and other documems: COYrRACTbP, may make applit:afidn kir 16 fort - I 'pia yTeri.t. fialwilng tlie ,tq filmij4n such a release or receipt in hill. CONTRACTOR' may, ffirnish a Bond or other xqUateral satisfactory, to OWNER.'.to inticingy OWNERagainst, any Lien Releases orwgivers-of fic'ni and the, of the surctv to fmalize baymcm,an:. tu*'bc- adinfittod for ms s conf orming to the format of the OWNPRS standard, the Project manual Final Payinent aqdA'tqepancf. 14, 13 1 M 'a obseriation of ,,Olf, on the basis of 04GM A the during finriF.irip tiai6qid ENGLNEER's feview.of the final. Application.for Payment ,and aocomparrying documentation as requircd� by the C6mrael _Ddcurrien6, FNGINEFR is satisfied Char the Work has beEn completed and' CONTRACTOR's othcr .obligations un&i* the Cumirid. Documents have bccri fulfilled EINGINEFR4ill, within ten days after receipt of diefuial Application for Payment, m6mic in 4fiting BNG1,4EEWS rocommendat ion of. payment -and he Applica, �rmcnt t ion tcf,OWNER fa, payment. At the some :time HNG INEER 'will ai'l;o_vve 11 written *notice to 61vNftk andicagrRACr()R that the Work is acceptable subjed to the provisions of [pragaph 14,15. Otherw* 6NOWHER will reiiiiTi the Applknticvi to -COKTRACTOR. in"tirg in writing -the reasons'fa refusing, to, rcccmmcr�d final paymcm, in which: case CONTRACTOR "I mrikiiherioccisary corrections and tmbruitthe Application. Thirty days after, kesentaticii to OWNER - of the Application and accompanym documintationi,in apprcprfiht�, form a 3 With ENGTNEERs recommaKiition and notice Of acc,ptability.'the ,imouni'ree 'mmendLd-by.'ENODTMR will beccitic due and will be paid by OWNER' to CONTRACTOR subject -.to, jh 17.6.2 of these 14.14. IL through no fault of CONTRACTOR. final completion of the Work is sigrifficIntly. delayed and if ENGINEER so confiriiis, OWNER•ihakupowrcccipf of CONTRACTOR!S'ftrial ,Application 'f�* Payment and recomm6irlation of ENGINEER, and Without terniimfiq; the Agreement, make payment of the balance due hir that irortion of the'%Vork My completed and accepted, If the iemainin& balance to be held by OWNER for Work not or hilly completed •carrecW is, less than Lhe.retainage P"aff Shall be accompamet! (except" as- previously documentation for in rurrushed as requireu Ln panigni n 3 1,,UX WnnCft COMML F the balances due for that delivered) by: (i)iill called' the of the surety Conti=1 Docurmirks; ifi&uding but- not limit6d to thi 6orticri of the Work fully completed and accepted shall be evidence- of ir�rice'requir6o, bv'su*nigmph5_4_l3_ submitted -bv CONTRACTOR -to ENGINM with the ;Cu) consent of the surety, if -any. to final paym c m. •a n I d, Applic ation for weft payment Such-`payznciit-shaH be iiii) complete and legally, effective releases -or waivers. made under the terms and Conditions governing Grial (satidktory. to OVA40Z) of all Liens arising out of or filed e-x&-pt,qmt it shall nut constitute' .a waiver of - in on 'with,the Word:: In lieu of such releases or rimyrT!CnL las. waivers 'pf, Liens and iii apprwed by, , OWNER, -Mints, ,CONTRACTOR may.ftarnisK, receipts or relcases m.fitAl, Wah,er df.0 .and affidriviikofCOW-RAtTM-that: (i)'thc-rtle8ses,a6d rcocipts iht;Wc all and &qdq=,.cn1 c of final' chisill 14115. 'The tuakingind acuept*pay!� , '[or whidia Lien c6Wd!-bt:,fiI6d. aid'.piiyFalls, gRilitit"LL, material - and equipment IJHls, and -other 'uulcbtediuss connected with the W6Tk f6r which mwsk or 6WAR,s 14.15.1. a waNcr of all, claims- hy'OWNER ag7aink property m'Wa in any way Ir icspaisiblc have been paid or CONTRACTOR. exccpt ,ciairni ariiiiig front, m1mr-M satisfie& I F�atiy,!§iito ;itnlctOi' - Supplier .78 or pplici fails, uiriskded Likns, from def?cpye Work riplim_ring•ader (1990 Utiutl, 131 W/a TYOF;FOP.TCOLLiN'S.MObIFICAnOR3(REV -112bOOj 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 Rev 10/20/07 Section 00100 Page 5 ply= J t6 paragrapht4I,. from 6'iluie to Contract- - Documents or thi terms of. any spc'a'gl,gus rrdccs-soccified therein, or from CONTRACTOR's- "inuing 6blip6am under thc Contract Docimciits; and 14.15.2. A waiver of all claims by CONTRACTOR agaimt' OWNER' other than those 'previously madein writing and stditmuttled.. ARTICLE 15-SUSPF-NSION: OF WORK AND TERIMNATION OWNERMa .y SkspiwdlVo;rk. 15.1. At wry time and without cause,. OWNER may pispicrid the Work or any portion thereof for a ivriod ofrtot am than, ninety diys 'by no-u6c in period to CONTRAurop,and w Fwm?, which';Arill fix. th . e dat6 On which' Work will be rdsu'mak CONTRACTOR shad reivate the Wait on the dsta-so'fixed CONTRACTOR shad be allowed an a4usimcnt in the Contract Mice or an extension of -thL, Contmct Times, or hi5db * directly attributible.to any such swspensi6n it CONTRACTOR makes. ari Tvad chim therefor' as ,provider In Artiales.i 1 0 OWNER May Te�Wnatr.- 15.2: . Uponthe oCMMnoe Of any'ate or More Of the lallOWIngeyer"; 15,2:1,, iico\wR,&cToR sw�y _f,hi I Is to perform the Work in accudance wig!tZe Zontruct, Documimts (fnAding.-but'not Limited tot faiilurejosupply sufficien . r, skilled worker or "table muteiinIi or equipment ur fail"O toadhereto -the picgress, schedule -'aii6liihod linder '_ __ h "9 'adjusted6 - i ' ' * ti - pMW_XSp — (is. from time to me pursuant to paragraph 6.6); 0.2.1 if CONTRACTOR diiiregiinI3 Laws. Or Regulations of ruty6ublic6ody.hnv'rig juris,dictioit 15.2'3., if CONTRACtOlt, disregards & wtthfoiity of . ENGINEER, or 15:14, it CONTYRACTOR aherv'_=',v'iolates- in, any substantial 'way. 'an y . prcvvaons of the (fiin-h-ract. wcumcntsz= 32 E.CDC9MRAL CON=014 19 to-S 0 go') Rdiiiw)� w1crry0y FORT COLLIMMODIFiCA71 ' qN5(REV4070U0)' 'COMPACTOR bUt.-which, am stored 'ls,;e'hffe" a� � nd ! W Finish the Work as OWNER may ditim expedient. In such case CONTRACTOR shad not be entitled 0 receive any further payme6t unfil the Work is firiishid if the unAid lia ' Iiiice-'U'dici Contract Price exceeds all claims, cost-, Ids-s-esana domagpi'st1imined by O".R wising out of or reswlticw'&cm iumpletinj the Work such excess will be paid toCONTRACTOEL If such clainik 6asdA losses arid darriaga, exceed such unpaid balance, CONTRACTOR' or to 15.3.. Where CONTRACTORs icrvic6s have been. so tcriminated,by OkVNPK the . termination will not. aflr�ct any ny _rights- or remedies.-d' ;OWNER agwi against CONTRACTOR, then.exi3ting or which may theitafter accrue,. retention - or r - i- ` Cki ,payment o moneys due CONTRAC-rok by OWNER' will not, rclease, qONTRAq_TOR-fr6m liability: ]$A, Upori seyen• days'. written notice to - 'CONTRACTOR and 'ENGINEER. u OWNFR.',lay, withoutcausearuk'withbul pi . ujudi& to any -outer - , right or such coisc. CONTRACTOR - shall; be paid: (without duplication ofany 15.4.1, for completed and acceptable Work executed in acoordance with the Contract 1)6cumTts prior to the cMi4vc data of-terminatibri,1 including rair and reasorible sums. f6r &irhiad and• profit: on P.ich Wiiik-. 15.4.2, for ex penses sustained prior to the cffiettiVe data of termination, in Pj performing .'servic6s; and fikmsh8lm'b4 ' - 1 '. matena s dr,e-qu.ip-m*cju-(t-.-;,re'qui'red b I X the.'Comract Documents in lcbrimcticn_widi ,=W&k-. plus litir- and'reasmiable stans for profit.orf such ExpinsiiK. 15A.1 lf6r all claims, casts, liines and damagesi n I - O arrcd;in sertlement",aFtermiriate'd cOntmc'ts'.,Wi1h Suboontractom Suppliers irid'otherv,,and 15AA. forr.easontible expenses directly attiibutable tot6rinination. CONTRACT ' OR-shafl nol:be paid'on accutim of losa.of ,an or'revenuc or other ecm6mic loss arisvrg out of0or re "Itingfirom such terinmation CONMICtORAJO Srqp.Wigr* or terfilndle: 15.5. ' It uh - rtoacturfault ofCONTRAdbk the sOV en workis-wipen dfor ii,pcnioci o,f,more ,d zm ninety'days by.OWNER or tide ,- . pubc malmly, orENGINEER: lailsIto.acLcm an cn forymcnL withjn th"ty days alteritis,submittid, & OWINtR faiLs florAi4 days1to * CONTRACTOR any, sum finally dereirmified to be due, then may upon seven days' 'written notice ti ENOMMR, and pi ov ided OWNER or EN fcqtedy such suspension or -failun: wi termurritc'.the .Agreement and *17ee(w'er payment im the sam6icrrns'as provided in 1m lieu of terminating the Agreement and v tin any othu ri& or remedy, if ENGINE act on an Arrilicaiiiin f6r Payment within d is submitted, or OWNER has failed for-Iftirty days tocvy CONTRACTOR any. sirm, finally' determined to be cbf�TP,AcToR may upon seven pon seven days!,writiort notice to OWNER and ENGINEER. stop the Wii* until payment of ill. sucli amounts due CONTRACTOR, iriduding interest thereon The lrovisions of this pantg*m-ph 15:5 tire not inicndcd to pia u& CONTRACTOR, fim making claim tinder Articles I I and 12 fdr an increitse in Cuittract Price or ContractTiifics or'ahcrivisc for, expenses ot'damage dir&tly attributable to CONITR.ACTOR!s stopping Work as permitiod by this Paragrap h. ARTICLE 16-13NUUk kESOLURON lf,ar;d.to the. extent that OWNER and CONTRACTOR have dgrew on the mcth6d and procedure fur resolving disputiis' bmvecit. then, 'drat may. arise under this 4r.ecmem, such disputcresolutiori method:and procedure, if 8171 %hall'be as set fbith in ExhibitGC-A, 'Dispute Resolution Agreement., to be atthchad herctii-an - d4sric a put hereof: If -no such - a-gre merd, on dw- med�od and procedure for rcsolvir4 such dis _putds has been rcschcd�. and subject to the-provistoyn of j�ivagniphs.00i 19,11 and 9,1 Z OIA NITER. and CONTRACTOR may exmj'e,sftich rights or, remedies m cidwma y a'y otherwise have under. the Contract I DoZimients:iir by Laws cc Regulations in respici 0any. dispute. ARTICLE 17�NMSCEUkKEOUS Giving Negicr 17.1- Whenever arry provision of the Contract Dr�ctirnaZ requires the giV4 of written notice. it will be &em6d'to have been .yiUdly given if Mwered in person to di5iindividdal or. to 6 memher of the firm- orld an aMoer of the Lmp,=Liun for who .it is InterriK or if delivered ator sent, by,r4stered ar certifie'&mail,'Postage, prepa0l'to the list busihess-addrcss bowfi to the giver of the notice, ,17:2.1 CbmPub2fion 0 . f 17.2.1. When any jicriod,of time is referred to in the Lonlrli6t DoctduwEs by &A it.4ffl be uomputcd;to .1 ' 16&'the"first fiiid include-th-c"las'l-Aa' f CKC - y.o such _6y,of, c[i W fsB .pen 6.d If did Wa. - .. any.su, pen - , on a saturday 6r Sunday -or on a,day made a legal hDltda *-the law of theaiihcebl'ej"urisdictim'such day VM be ontitim finrti the computation - WI CITY OF FORT COLLIM MODIFICATIOM (REV 4120M) 1.7,22' A'CRICTIdiff dayof hours measured frbin,midnkht to the next midnight will ccifistititte -a Woflci of QqIM: 17.3, .3hould'OWNER,-or CONTRACTOR sitf I fer-Nury or 0�va* 10n person. or.prop!rty "use U any error, emission or,ur;vof the other party or of any of the other tn'the other Fatty within, a reasonable time of the rust observance o such injury or damage,. the provisions of thisparagraph;1131 shall'tria he construed as a subsiiart-i for or a waiver of the ffi-oVikiorts bf any. applicibli: statute' orlimitutions or repose.Cumulats . ve Rwmae , x: 17.4. The duties and obligntions,imposed by these Gerkrai Conriftio' n and dic'n-ghts"and r.orin nlc.di�.s available hereunder .to the parties hereta, and, paruadar but with6rut limitation; qw the nirkti'cs', guarantees RrW obtigruons imposed uponf CONTRACTOR OR hpp.amgmphs6�i2,6.i6,6.30,,631,.632; 131� 1312; 13-14, 14,3 2' and all _of the rights. and -remedies ivailshle to'OWNER fin&FNGMER thereunder., are iii addition t6, and, Are not to b6 coristrued in any'Way.as, a. limitation which afe otherwise iffijos5d or available by. Laws or as effiective as 17.5.. Wherieveir refeienrie is "made to ctaam costs. losses and,ditmaics'i it4oll-include iii each case. bid not be Linn ited to all fe&i aM chat of ejtgiri�em architect;Utto attorneys H�d and all 'Court or j76, 'The laws of the Snare ot_CQlggd�npyPN m.� Akreement Reference to two pertinent Colorado statutes are as follow 1741 If a Oaidils,fila=OVVNER� �ft by- law (CRS.3826-107) to withhold from pavmcnts to CONTRACTOR . sufficient funds cto insure the yment all claims fd]hbm materials, uarn hire sustenance.` orbyuimu proven er:. or other.-smid used or consumed by CONTRACTOR or' his 33' •fiM�COGNER,U; CONUIT1ON3191V;1.(1 19V B wm.), �'� vo CITY ov rORT,COLUNSMOMPICAMNS(TtW4R0001' 1 I� 0 (This pne Ich 6Iarhk;intcfi,6cmlly,') EU)CQC4eA-,CONDlll0T;4j91LL8 09A wlal-Y OFFORTCOLLIM WCiXFICA110?-43 (REV -11000) I I I I 11 I 1 W MY 01LrORTCO1L M, MOWICNrIONS (REWQGDO) 1 EXHIBIT CC -A to'General Conditions of the:' Construction `Contract 'Between OWNER an7d'CONTRACTOR DIsp4g RF. O&UnOIN AGREEMENT OWNER and'CONTRACfOR hereby -agree that Article 16'6f the General-dwdiuons of the'Caistncuon Contract' between OWNER. 'arid GUiJT[tAGTOR is amendgd to igclude'the folluwirtg agreement of the panics: 16.1. All claims, disputes and other matters .in question between OW,\U and CONfRACTOR.arisi our -of or relating•to they omri& Qocnancrtts or the breach thereof (except far clatms.Whicfi have bcen,waivcd by, die- makirts,oracceptance of,finar,payment as provided,hy paragraph. 14.15) _will be decided., by arbitration in accordance with the, Construction industry .arbitration Rules of the American Arbitration Ac eikion then tg, pbMin sub" i to the limiter .oiuvf the Article 16. This Agreement so to -,arbitrate and any other agreement or consent to arbitrate entered into in accordrincc�ficrewith his. lirpvided Wths•Articie:i6 will•be.specifcally enforceable under the prevailinglaw. of any court hsving jurisdictior ,16:2: .No demand for arbitration of any claimi dispute or other matter that is required to be ref iicd to ENGWUR ihaially fdr decision i t� accordanrc with pamgraph9:11. Will he made until the earlier of (a) ft,datc on which ENG WEER has tendered a. written decision. or (ti) the thutyfirst day,alier the p=r c's.hWe prescmted their evidence to ENGINEER if a written decision has not been reridered'by 13 QWEER-befdre that date. No demand for arbitration of'any-such claim;, dispute: or otlia matter will be made, later than thirty days ak the dette on which ENGM. F.R has rertdered a written docisian in respect thereof in accordance with pamgniph.9.1 L. and the failure. to demand arbitration within said thirty daysv period, wile re�lr in ENI ciWEER's decicioit being final, and binding up® OWNER and _CO TfRACrOR.. If ENGINEER renders it decision alter arbitration pmeeed'atgs-have been initiated suchdeeisian may beentered is evidencebut will! not supersede the arbitration prom- trigs, except wfierethe decision.is occeptable to the parties concemed; No demand for arbitration. of arty written deetsitin 6f a4GR4MR Tendered in accordance with paragrdph 9.10 will be made later thanten days after the party making such demand has. deGPercd' wriaen notice of attention to appeal as provided in parageph 9:10. 16.3. Notice of the demand. Ibr, arbitration -will be, filed in writing with the othuT paity.to the Agrecmcnt and Hith the American Arbitration AsiWiatiun, and a copy Will be sent to ENGINEER to inf6 mad6n: The demand for rather casos within a reaiurwble time after the claim, di or other matter in juesuonhas arrsen,:and"in no event ani,such demand be made after the date when instduti legal!or equitable proccedin<s *ad•onsiich claim, di or other; matter in question would be Hatred b5 applicable statute of lanrtatioim EJCDC GMR' AL CONDMONS 191"0990 Et01m) %1 CFTY OF FORT C%LTNS NfODIFICATIONS'(REV w991 16;a, Except as provided in pramgraph 16.5 Below, no :arbitration anstng; out o(rr relating to the Contract. m Docuents shall include by consolidation, hoirrler or:m any. other mannerany other. person or, entity (including EN_GINEER ENGNEW:;.Corsultaft and the odicers,. .directors, agents, employees. or'ccnsttltarrcs.af any 9f them) who is riot's party to this cimtract'unles: 16.4:1. the inclusion of stiehi othcr,pa'som or entity is neeessary ;if comploic relief is to be'affiaded among, these who.ate:already part -nip, theerbitmo*_ anii. 164.2, such other parson or entity is _suhstaittially involved in a question of late' or fact which is common to those who are already parties to die arhitration and 'whichivill arise in such'piciccedings,:and. 16.4.3. the written consent of the other person. or entity -sought .to, be included and of ,OW14ER .and cwrRACI'OR has been dxainod for such inclusion;. which, consent shall make specific rekrenoe to this paragraph . hut,rto such erinsent,shall consutute,consent to arbitration of any dispute not specifically ilmdribed in such. consem.or.to arbitration with any party not .specifically identified in such consent. 16.5, Notwithstmding paragraph 16.4.:if a daim� dispute or other matter in question tielwceit OIVNER' and Involves the work of.a -Si or OogrRAO''OR may include in all. subcontracts regaind by paragraph 6:11 a being joined in an arbitration between. OWNER and CONTRACTOR involving the Work of _ such Stibcoirt7actitr, Nothing in,&-. paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall' create any claim; .right. ox cause of Faction in: ravor of Subcontractor. and against OWNER. ENGINEER Ei IGPATR's Consultants that dOes not bth&[ vise exist, 16.6. 'The. award rendered'by the arbitrators will be. final, judgment mey'he entered upon it in any court having jurisdiction thereof, ppeand- it' will not be stibject .to mahLcat7on iu tial. 16.7. OWNER,ancl,COiVTRACPOR agree that they shall first'iubmit .any and :all unsettled ,claims. counterclaims 'disputes and other matters' ih question bcrwcen them arising, out of or relating to the Cora ct. lJoeuments or the -breach thxxecC 'disputes"), to mediation by the American .Arbitratitm Aimciatioin. under the' Cormntetian. Industry' Mediation Rules of the American Arbitration'Asso auon prior to either of them initiating against the other a demand fyr'arbitratian' pwsuarn to ptaagr*ihs IGl .thro'ugh. 16 6 Unless - -delay in. uutmttrg arbitration would irrevocably prij thee one of the parties. The respective thirty unilten day time limits:widh n which Cc file a demand for arbitration as provided in paragraphs 16,2.and'163'above.shap be stispendal with respect to a. d Tu" submittedto mediation within those same applicable tune. limits and shall remautsuspended until tern trays aQer the termination of,the mediation The m6diator of artydis{wtc submitted to mediation under this Agiccnerit si Wriotservenstu6itrntorofsuch;dispute"urilessotherwise Ci(:Al ' E>WTcVQENEBAI. Ctl."lllI170NS 191"'(1990 EatW uY :�"[Y S'F FQRT Cs1Ll.I ji$',fOP(F?G1T10NS:(RF V,"41 ccA1 . 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 OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers' and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. Rev10/20/07 Section 00100 Page 6 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: Mountain Constructors Inc. 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 chanae orders aooroved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing Rev10/20/07 Section 00950 Page 1 M = = M w M M IM== i Sertinn nn9fn 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 Z Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By. Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By. Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. 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 1=1 ® =1 M M M1=1 i M M M M===! M = M 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 5 o = M IM E = M = = = = M=1 = m m M M 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 Contractors 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). .1 O May 5, 2011 2 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: (a) Pre -Hearing Submitta/: 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. 3. 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: ' 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. r , u d END OF SECTION Rev10/20/07 Section 00100 Page 7 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 fProiect Namel 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. 5 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR ARTICLE III COMPENSATION May 5, 2011 ' 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 2 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 a 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 6 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: Date: TITLE: CHIEF ENGINEER May 5, 2011 , 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) (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. (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 CDOT 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 party 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. 1 1 1 1 1 LJ ' 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 orjoinder. 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, 1 May 5, 2011 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-7. 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 I ' 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. I 11 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS May 5, 2011 , R-15. Date, Time, and Place of Hearing (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 Party or Representative I , 11 1 1 11 I 1 I 1 ' 12 May 5, 2011 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. ' (e) 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 party 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 mail 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. SECTION 00300 BID FORM 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 . I 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 0 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. 0 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 0 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 party, defer or reduce the administrative fees. R-43. Expenses by the witnesses. All other expenses 1 The expenses of witnesses for either side shall be paid party producing such 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 I 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 confirm 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, I 17 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR May 5, 2011 1 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. I 1 I i I I I I 18 May 5, 2011 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 1 (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. DL-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, ethe 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); a(b) Stipulations to uncontested facts; (c) The extent to which discovery shall be conducted; a Q May 5, 2011 19 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (d) Exchange and premarking of those documents which each parry believes may be offered at the hearing; (a) 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 arbitrator(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 CONTRACT ADJUSTMENTS Figure 105-1 DISPUTES AND CLAIMS FLOW CHART 1 105.22 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 l5 Days — 105.22 (c) CDOT Project Engineer and Contractor discuss merit of dispute 7 days — 105.22 (c) PE denies merit of dispute PE determines dispute has merit 7 days—105.22 (c) Contractor rejects PE's denial. Contractor Contractor accepts denial. provides written notice to RE. Dispute is resolved. 7 days — 10522 (d) Disagree on quantum Proj Eng/Res Eng & SupUPM & Contractor's rep with decision authority above the project level to meet regularly to discuss dispute Ur, to 30 days — 105.22 (d) 30/ 45 days — 305.23(b) DRB agreement signed 105.23(a) Proj Eng initiates DRB process 20 days — 105.23 (d) 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) Dispute is 5 Days— unresolved 105.23 (a) Either party rejects DRB recommendation II 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 payment/schedule 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 — 105.24 (d) 60 days Contractor rejects and 10524 (e) Chief Engineer appeals RTD decision to CE 15 days renders decision 105.24 (e Request for hearing ys- 105.24 (e) 30 days— 105.24 Contractor rejects CE decision Contractor accepts CE decision Decision is implemented Optional Mediation D1SDute is unresolved I Contractor initiates I Binding Arbitration or Litigation (Whichever was selected at Contract execution) Litigation Dispute is resolved Resolution is implemented Binding Arbitration Arbitrator(s) render recommendation Court Decision I I Appeal process only for damages 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 1s' Notice to Stop Work 2nd $150 $150 3`d 300 450 . 4d' 600 1;050 5d 2,25b 6°i 1,200 3,450 Etc: 1,200 4,650 Etc. Etc. I February 3, 2011 1 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 Department's Field Materials Manual. The approximate maximum quantity represented by each sample will be as set forth in Section 106. Additional samples may be selected and tested as set forth in Section 106 at the Engineer's discretion. A process will consist of either a single test value or a series of test values resulting from related tests of an element of the Contractor's work and materials. An element is a material or workmanship property that can be tested and evaluated for quality level by the Department approved sampling, testing, and analytical procedures. All materials produced will be assigned to a process. A change in process is defined as a change that affects the element involved. For any element, with the exception of the process 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, anew 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: I II [1 ' SECTION 00300. BID FORM ' PROJECT: 7277 Intersection Improvements at Harmony & Lemay and Drake & Lemay Place C'. v for{ Collins Date 1; In compliance with your Invitation to Bid rTiated August 30, 2011 and sub* ct to all conditions thereof, the undersigned /i��untoo v\ %ns4ri� fnrs Corporation Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) aut orized 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.. Accompa�nYmg this Bid is a certified or cashier c� or standard Bid bond'in the sum of S Fni crt a Q �C a ' ($ ) 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: \Ah U is <5E 1!40 r a[lo 'lao.6. C61o, fblvd..-t>srive.r, cb a G 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 irrthe Contract Documents. ' 7. The undersigne4 Bidder hereby acknowledges receipt. of Addenda No. E� through 0 . Rev 10120i07 Section 0036o Page i February 3, 2011 2 ' REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS). If the test result is 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)/VJ ' If the test result is below the minimum specified limit, then PF = 1.00 — [0.25(TL - Tp)/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 t + PF2) (PF2 + PF3) (PF, + PF2) (Pn2 — Pnx) (1) PF =-------- -- + [ ----------- ------ - --------- —------- —] x — — -- 2 2 2 (Pn2 — Pn3) Where, when referring to Table 105-3: PFj= 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 clement of In -Place Density shall be 1.0. 1 I I February 3, 2011 I 3 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) Regardless of OL, 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 OL 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 Contractors 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 IV or less below the minimum tolerance limit. If removal and replacement is required, the Contractor shall submit documentation identifying the process to be used to correct the area in question in writing. The process will be approved by the Engineer before commencing the corrective work. Table 105-2 "W„ AND'°V° FACTORS FOR VARIOUS ELEMENTS Hot Mix Asphalt Element V Factor W Factor 2 36 mma(No. 8) mesh,and large (eves i'li 80 , 600 pm (No. 30) mesh sieve 1.80 N/A 75.Nm (I o 209%mesh sieve # ;IWo ia€ #� 0 80 a A, N/A Gradation N/A 15 Olt1� 14sp In -place Density 1.10 45 V °_DetY r I I G I I I I I I I d J I I I L] I I 1 I l� I I February 3, 2011 4 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) Table 105-3 FORMULAS FOR CALCULATING PF BASED ON PH Pn When Pn as shown at left is 3 to 9, or greater than 200, use designated formula below to calculate Pay Factor, PF = .... when Pn is 10 to 200, use formula 1 above: Maximum PF tr xs`X x' 3)k: 0 117 + 1 5787,8 (U Q) 0 84862 (QU100)2 _ s' 71 r',iy.`°trn ,w 1 0 Pf '4.< efs. , ., __ a.r,„c.a.� k+,., z a x :- :« Sc.. ,�:'a' 1* .. i' �. .:• -� 4 0.27890 + 1.51471 (QU100) - 0.73553 (QU100)2 1.030 #r s 3 .... 025529 1 Q8268 06,12M )X67Qa�' 1 00 _ 6 0.19468 + 1.56729 (QU100) - 0.70239 (QU100)2 1.035 7 t - 0.1�6709 + r5824&(QUIQO ��0=6m=5 (QU10U 2 h ''' 1 0� .. z+asp<< >n r^: kx., - % ., . .e'3 #... . 8 0.16394 + 1.55070 (QU100) - 0.65270 (QL/100)2 1.040 3 t x 9 #js �y xF zF' :'s-2� 4 .'x! ��.v 7.412 +1 63532 (QU100) 0 687.86 (QU.`100)2' 7 1�0d40 5 �,: �u.':i �3'E= 10 tc 11 0.15344 + 1.50104 (QU100) - 0.58896 (QU100)2 1.045 «2 f0 14 I '� Oi'0 :278 + .64285 Q 100 0 65033 QL/100 r1 a *� �'^Y& �". '"� �,, 1z045' r� i*: «+'.�-.:. ,f ,:d'a(. .'l:Y, ..hF�., .ems" 3!`�ii . : 15 to 18 0.07826 + 1.55649 (QU100) - 0.56616 (QLI100)2 1.050 - 193''i M : 0'.' 9907 + 1`43088 (gUa160� 0 4$550t(QU100)2 ? / 4 = Im' 1 050 ` #.s, a�� 81t' 26 to 37 0.07373 + 1.41851 (QU100) 0.41777 (QU100)2 1.055 ,��7.5��, 383to69� - +k++r` a#a5 hs c Oy10586 t;1.26473 (QU1000:29Ei60 (QL/100)? ,�- {i�2 1 055},� ......A�-. s_.s.z: <.,>,:,^;cw.,,.c.,... c.. as....1sx.1 ,. -.,, , za..s-- �.. 70 to 200 0.21611 + 0.86111 (QU100) (QU100) 1.060 0Ca Rv27VL0i>+201 Z (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: a UP = [(TonHMA)(UPHMA) + (TonAC)(UPAC)1/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 I I I February 3, 2011 1 5 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (LESS THAN 5000 TONS) For the joint density element: U P =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 1/DP calculations for a mix design. Q) 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. I H February 3, 2011 6 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 Ahalt�Conent Theoretical Maximum Specific Gravi Process Control 1 5/ 00 ton" 1.1000 tons, minimum 1/day Acceptance 1%s1000 for"s fs 1/1000 tons, minimum 1/day 1 200 tom s3 ` _. Gradation 1!/Da y In -Place Density 1/500 tons 1/500 tons Joint Densityy - `:.�€ 2YRw�fo,int> 1 re/25�0 Itn' ea feet of `a V3�•xi � =1�core /5000 Ilnea feet 8f'igir5t ' Aggregate Percent (3) 1/2000 tons or 1/Day if less than 2000 tons 1/2000 tons Moisture �> llal ..... Percent Llme 1 ©y - t 4x �Nqt ppliN ME 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. I February 3, 2011 1 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. [_1 [1 d I 11 I 1 I I I I I fl� F7 I ' February 3, 2011 ' REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.12, delete the second paragraph and replace it with the following: The original Certificate of Compliance shall include the Contractors original signature as directed above. The original signature (including corporate title) on the Certificate of Compliance, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of material. The original shall be provided to the Engineer before payment for the represented item will be made. ' In subsection 106.13, delete the second paragraph and replace it with the following: The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's original signature as directed above. The signature (including corporate title) on the Certified Test Report, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy or original document of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material. Failure to comply may result in delays to the project or rejection of the materials. 1 I I May 5, 2011 1 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 a 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 Minimum Maximum Beads 18 lbs. 20 lbs. 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. 1 ' 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 (430) 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 I r u I 1 I I I I I I February 3, 2011 a 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. I I I I 11 I I I I I 1 1 8. BID SCHEDULE (Base Bid) For"t Co[tin5 INTERSECTION IMPROVEMENTS (Harmony & Lemay and Drake & Lemay) City of Fort Collins Bid No.: 1234 C DOT Project No.: AOC M455-091 COOT Project Code: 16603 Prepared By: City of Fort Collins. Capital Projects Harmony,&�iemay i; .. •.'�uanhtY ., ;,Quarittty Orako&-Lemay �.: . Total��•,'. ;_Quantity :'Ref 0 .:It1'.mi1l:;., .. ...:-_': I[emlOescripuon - -. -�„ : "::;.Unit. ; . -:;: Unit Cost al ;'Total Cost z 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 5= 4 202-00200 Removal of Sidewalk 0 207 SY 207 5 202-00203 Removal of Curb and Gutter 0 375 LF 375 3 '� 6 202-00220 Removal of Asphalt Mat 700 163 SY 863 ,50 3 5.50 7 202-00250 Removal of Pavement Markings 0.6 0.6 LS 1 r� p '^ 8 202-00810 Removal of Ground Sign 2 0 EA 2 --- 9 203-00010 Unclassified Excavation(Complete In Place) 432 643 CY 11075 r1 r}nr, Or /Lou 10 207-OD205 Topsoil D 110 CY 110 15," 11 207-00210 Stockpile Topsoil 0 110 CY 110 (q 80. ' 12 208.00005 Erosion Lcg 20 310 LF 330 L 0, ^ 13 208-00050 Storm Drain Inlet Pmteclion 0 1 EA 1 5, 14 208-00205 Erasion Control Supervisor 10 10 HR 20 L( - 15 210-04010 Adjust Manhole 0 1 EA 1 Q "' 16 212-OM6 Seeding (Native) 0 0.3 ACRE 0.3 0.- 17 212-00032 Soil Conditioning 10 0 CY 10 18 213-00008 Mulching (Wood Chip) 3,439 0 SF 3,439 51 19 213-00065 inorganic Mulch (Rock) 3,439 0 SF 3,439 IQ p 20 213-00070 Landscape Weed Barrier Fabric 382 0 SY 382 Yo g 21 213-00700 Landscape Boulder 53 0 EA 53 22 214.00005 Landscape Maintenance (24 Months) 1 0 LS + 850." g 23 214-00225 Deciduous Tree (2.5 Inch Caliper) 8 0 EA 8 W.JD 41W 24 214.00230 Deciduous Tree (3 Inch Caliper) 20 0 1 EA 20 q r5; 950o, 25 214.00350 Deciduous Shrub(5 Gallon Container) 95 0 EA 95 :- 26 214-00910 lPerennials (1 Galion Container) 436 0 EA 436 27 304-06000 Aggregate Base Course (Class 6) 54 f 258 TON 799 28 403-32621 Hot Mix Asphalt (Grading SG) (100) (PG58- 28) 255 19D TON 445 29 403-33641 Hot Mix Asphalt (Grading S)(100)(PG64• 28) (Modified Binder) 85 63 TON 148 135. � 80.` 30 403-00720 Hot Min Asphalt (Patching) (Asphalt) 25 0 TON 25 17. 4,15,' 31 420-00300 Geolextile (Reinforcement) 760 500 SY 1,250 6,^ (5 � 32 605.00040 141nch Perforated Pipe Underdrain 657 0 LF 657 g� , 33 608.00000 Concrete Sidewalk 0 188 SY 188 q.5,7 g q40. ^ 34 608.00010 Concrete Curb Ramp 0 10 SY 10 35 609.21010 Curb and Gutter (Type 2) (Section l-B) 1.362 0 LF 1,382 36 609-21020 Curb and Gutter (Type 2) (Section II-B) 0 359 LF 359 jg Rev 10/20/07 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. I I 2 REVISION OF SECTIONS 107 and 208 WATER QUALITY CONTROL UNDER ONE ACRE OF DISTURBANCE 2. Reference Materials (1) COOT Erosion Control and Stormwater Quality Guide. (2) COOT Erosion Control and Stormwater Quality Field Guide. (3) Copy of biological opinion, if applicable. February 3, 2011 0 In subsection 208.04 delete the first and second paragraphs and replace them with the following The Contractor shall modify the SWMP to clearly describe and locate all BMPs implemented at the site to control potential sediment discharges from vehicle tracking. Vehicle tracking pads shall be used at all vehicle and equipment access points to the site to prevent sediment exiting the project site onto paved public roads. Access shall be provided only at locations approved by the Engineer. Delete subsection 208.04(e) and replace it with the following: (e) Stabilization. Once earthwork has begun on a section, it shall be pursued until completion. Clearing and grubbing operations shall be scheduled and performed so that grading operations and final stabilization measures can follow immediately thereafter if the project conditions permit. Otherwise temporary stabilization measures shall be taken between successive construction stages. Additional work required because the Contractor has failed to properly coordinate the entire erosion control schedule, thus causing previously seeded areas to be disturbed by operations that could have been performed prior to the seeding shall be performed at the Contractor's expense. In subsection 208.06 delete the first paragraph and replace it with the following: The Contractor shall clearly describe and record on the SWMP, all practices implemented at the site to minimize impacts from procedures or significant material that could contribute pollutants to runoff. Areas or procedures where potential spills can occur shall have spill contingency plans in place as specified in subsections 107.25(b)6 or 208.06(c). In subsection 208.07 delete the second paragraph and replace it with the following: Erodible stockpiles (including topsoil) shall be contained with acceptable BMPs at the toe (or within 20 feet of the toe) throughout construction. BMPs shall be approved by the Engineer. In subsection 208.08, delete the first paragraph and replace it with the following: The Contractor shall limit construction activities to those areas within the limits of disturbance shown on the plans and cross -sections. Construction activities, in addition to the Contract work, shall include the on -site parking of vehicles or equipment, on -site staging, on -site batch plants, haul roads or work access, and all other action which would disturb existing conditions. Off road staging areas must be pre -approved by the Engineer, unless otherwise designated in the Contract. Construction activities beyond the limits of disturbance due to Contractor negligence shall be restored to the original condition by the Contractor at the Contractor's expense. The Contractor shall tabulate additional disturbances not identified in the SWMP and indicate locations and quantities on the SWMP and report to the Engineer. In subsection 208.09, second paragraph, delete the list and replace it with the following: (1) Failure to include erosion control in the project schedule or failure to include erosion control in each schedule update as specified in subsection 208.03(b). (2) Failure of the Contractor to implement necessary actions required by the Engineer as required by subsection 208.03(c). (3) Failure to amend SWMP and implement BMPs as required by subsection 208.04. (4) Failure to keep documentation and records current. (5) Failure to construct or implement erosion control or spill containment measures required by the Contract, or failure to construct or implement them in accordance with the Contractor's approved schedule as required by subsection 208.06(c). 0 0 0 0 U U L I I I I I I I C 1 1 3 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(f). (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: i 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 i 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: iDisagreements 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. i 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 i 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 i 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 i accordance with Section 625. (c) Removal of Temporary BMPs. Temporary BMPs subject to removal shall be determined by the Engineer at a final walk through of the project and shall be removed by the Contractor. If any BMPs are left in place, the Region's Water Pollution Control Manager shall be notified of the BMP locations. i i i ti August 19, 2011 1 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. , i , i i , i , L , , , i i , February 3, 2011 REVISION OF SECTION 109 ASPHALT CEMENT COST ADJUSTMENT (ASPHALT CEMENT INCLUDED IN THE WORK) Section 109 of the Standard Specifications is hereby revised for this project as follows: Subsection 109.06 shall include the following: (i) Asphalt Cement Cost Adjustments. Contract cost adjustments will be made to reflect increases or decreases in the monthly average price of asphalt cement from the average price for the month preceding the month in which bids were received for the Contract. These cost adjustments are not a change to the contract unit prices bid. Cost adjustments will be based on the asphalt cement price index established by the Department and calculated as shown in subsection 109.06(i) 2.13 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:/Iwww.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 http:/Mnance.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 CDOT website at: http://www.dot.state.co.us/DesignSupport/Construction/Fuel%20Cost%20Adiustments/Cenovus/Daily Pri ces/Daily Asphalt Cement Cost Adjustment Index.htm 2. Cost adjustments will be made on a monthly basis subject to the following conditions: A. Adjustment will be based on the pay quantities on the monthly partial pay estimate for the following two pay items when measured by the ton and asphalt cement is included in the pay items: Item No. Item Pay Unit 403; 6f1MI5rYAXpffaItt(GffdI6dWA- 403 403 Stone Matrix Asphalt (Grading (Asphalt) Ton 'Hot Mix Asphalt(Patching) is not subject to fuel cost adjustment. 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. Asphalt cement cost adjustments will not be made for any partial estimate falling wholly after the expiration of contract time. D. Adjustment formula: EP greater than BP: ACCA = (EP — 1.05 BP)(PA) (Q) EP less than BP: ACCA = (EP — 0.95 BP) (PA) (Q) , 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 ACC/a$`Asplialt Cement Cost Adjustments;;"j PA = Percent of the paving mixture that is asphalt cement. Asphalt Cement content will be determined by the weighted average of all asphalt cement content percentages obtained from the field acceptance tests for that item (Use decimal in formula, e.g.: 0.05.). If Reclaimed Asphalt Pavement (RAP) is used the percent of Virgin Asphalt Cement added to the mix will be determined by subtracting the percent of asphalt cement in the Reclaimed Asphalt Pavement (RAP) from the percent of asphalt cement in the mix as calculated from Revision of Section 401 Reclaimed Asphalt Pavement. 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 201h of the month a February estimate will include HMA quantities measured from the 215t of January through the 20'h 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. 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. 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 COMPENSABLE DELAYS In subsection 109,11, 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. 1 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 (OPTS) for Denver No. 2 Diesel. The rate used will be the OPTS Average taken from the OPIS Standard Rack table for Ultra -Low Sulfur w/Lubricity Gross Prices (ULS column), expressed in dollars per gallon and rounded to two decimal places. 2. Cost adjustments will be made on a monthly basis subject to the following conditions: A. Adjustment will be based on the pay quantities on the monthly partial pay estimate for each of the pay items listed in the table below for which fuel factors have been established. Adjustment will be made only when the pay item is measured by the pay unit specified in the table: Item Pay Unit Fuel Factor FF 2;02„Removalrof Asphajfl— r(PI_ani )q , xSquar Yard 0 006xGaU5Y/Inch bepth ;, ., , 203-Excavation (muck, unclassified) Embankment, Cubic Yard 0.29 Gal/CY Borrow 203 R co kco k E_xcavatir�� CUbicYard; 0 39"Galf_CY ' , 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 304sAggregate BasCourse (.GI4ssz _�s�Gub ward )0 BGaI(CY„ f 304-Aggregate Base Course (Class ) . 0.47 Gal./Ton 3 Lu]Process ng,Lim Treated Subgrade _, rTon hSquare Yard r F 12 Gal/SY 310—Full Depth Reclamation� Square Yard 0.06 Gal/SY s_ � 403 Hot Mix AsphaltHMA)r(Grading_')4� rtTon>, , "47 403 Stone Matrix Asphalt (Grading ) Ton 2.47 Gal/Ton 405`Neatiri`g7andzSeari Yin Treatment"3 _ �{ ;''� ty dE Sguare`Yard, ='3 , 044LGal/$Y r. ,. _ 405 Head g and Repaving Treatment Square Yard 0.44 Gal/SY 405 Heahng�iandtRernixing�Treatment i s , , ,,Square Yard �0 441GaYSY, " ; ?_;_ ; , _ 406 Cold Bituminous Pavement (Recycle) Square Yard _. 0.01 Gal/SY/Inch depth 4125 Conc�ete,Favement, r.. , IYich tiS uare YaFd`„„�? t0 03`60SY%InffiVickness., 412-Place Concrete Pavement" Square Yard 0.03 Gal/SY/Inch thickness '«HotaKAiz AsphaltT(Patchmg} is3notfs'ubjecf to uel cdst�adjustment a' %� `� M U:x a _ * . se the hic kness sho n onithe`lan's _. 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) month prior to the calendar month in which partial estimate pay period ends y - - x-rns-.-,. t. c k Y M FAJ • Adlastment.forfue1,60sts iP dollarssy r, :<E FF Fuel usage factor for the pay item Q PayK" "Ity fo��, te,paykitem pn,th@ (11oj7jhly Partial pay estimate " t .._._. 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 20th of the month a February estimate will include HMA quantities (Q) measured from the 21" of January through the 201h 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 burner fuel. No additional adjustments will be made for any other type of fuel. Fuel cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned force account item: Fuel Cost Adjustment. Fuel cost adjustments resulting in a decreased payment to the Contractor will be deducted from monies owed the Contractor. t I 1 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the 17'" paragraph and replace it with the following: February 3, 2011 a 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. I I 37 610-00030 Median Cover Material (Concrete) 2,060 0 SF 2,060 G 3 38 613-10000 Wiring 1 0 LS 1- 39 620-00026 Sanitary Facility 1 1 EA 2 40 623-00000 Irrigation System 1 0 LS 1 am:- O ow,_. 41 623-09906 Irrigation Tie -In (Preparation and Back6ll) 1 0 LS f 42 .626-00000 Mobilization 6.5 0.5 LS 43 630-00000 Constnuction Zone Traffic Control (Harmony. Road) 1 0 LS 44 63D-00000 Construction Zone Traffic Control (Drake Road) 0 1 LS 1 a 0p0� Qpp TOTAL' COST: . TOTAL COST IN WORDS: Z $c 241 45 700-70010 F/A Minor Contract Revislons 0.5, 0.5 F/A T $50,006.00 $50.000.00 46 700.70016 F1A 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 $40,000.00 48 700.70380 F/A Erosion Control 0.5 0.5 F/A 1 $3.000.00 $3,000.00 49 700-70260 F/AWater Taps 1 0 F/A 1 $15,000.00 $15,000.60 50 700-90006 F/A Signing and Striping 0.5 0.5 F/A 1 $5,000.00 $5.000.00 FORCE ACCOUNT TOTAL: $115400.00 ldbci— BASE BID TOTAL (TOTAL COST A4US FORCE ACCOUNT): BASE BID TOTAL IN WORDS: - S7 �7 7 - (TOTAL CONTRACT VALUE) TK The CDOT•Forrn 347, Certification of EEO Compliance, is no longer required to be submitted in the bid package. This form certified that the contractorlproposed subcontractors were in compliance with the Joint Reporting Committee EEO-1 form requirements: The EEO-1 Report must still be submitted to the Joint Reporting Committee if the contractors and subcontractors meet the eligibility requirements (29CFR 1602.7); we will, however, no longer require certification. For additional information regarding these federal requirements, please refer to; http://www.eeoc-gov/stats/iobr)at/e1 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 'V next to "YES" below. No Fuel Cost Adjustment will be made due to. fuel cost changes for bidders who answer "NO". If neither line is marked, the Department will assume the bidder rejects Fuel Cost Adjustments for this project. After bids are submitted, bidders will not be given any other opportunity to accept or reject this adjustment. (Mark only one line with an "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 ' Rev10120/07 Section 00300 Page 2 )5L 77z) n I 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. [1 [1 L 1 �J 11 1 Y I February 3, 2011 0 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. I I I 1 1 1 [1 1 I I I I 11 I 0 ' 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. 1 1 1 February 3, 2011 1 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 1C, below, or alternatively, 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 al(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 D. 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 Standard Deviation Binder Content 0.5 Percent Passing 19 mm (W) 4.0 Percent:Passing 12.5 mm (Y2") : 4.0 Percent Passing 9.5 mm (W) 4.0 .Percent Passing 4..75 mm (#4) Percent Passing 2.36 mm (#8) 4.0 Percent Passing 600 µm-(#30) 3.0 Percent Passing 75 pm #200 1.5 "Uniformity is the Maximum allowable Standard Deviation of test results of processed RAP. 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. I 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. [1 1 1 1 I I I I L Fill 0 J ' REVISION OF SECTION 401 February 3, 2011 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 I 1 n I 1 1 1 Element Tolcrance Asphalt Cement Contcnt + 0.3 % Voids in the Mineral Aggregate (VMA) + 1.2 % Air Voids + 1.2 % I May 5, 2011 1 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: BurlapCloth made from.JuteoriKenaf .�.::'z,t I'#',AASFiTOM 182 i Liquid Membrane -Forming Compounds for Curing Concrete ASTM C 309 SheetMaterral5for�Cuting GonErefe a..s:;AASHTO"M,1,T1"=.' *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. I February 3, 2011 REVISION OF SECTION 601 CONCRETE BATCHING Section 601 of the Standard Specifications is hereby revised for this project as follows: In subsection 601.06, delete (13) and (17) and replace with the following: (13) Gallons of water added by truck operator, the time the water was added and the quantity of concrete in the truck each time water is added. (17) Water to oementitious material ratio. I 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. [1 1 I 1 1 I I I fl1 I 0 I u 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: Title License Number (If Applicable) (Sea] ; if Bid is by corporation) Attest: Address zao';� NIDA r% ire e-i- �1a �v< <i Ga SQG51 Telephone 9.1 o - ns— to l L Email non eAon l 15).2ay4_k1tA' a Rev10/20107 Section 00300 Page 3 February 3, 2011- 1 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 - 1� f_ .:.x.,_... _ 3 !7�` -. ��,. �, - :, �� <�, < �: yry ¢2t _1Nater Based n .wawa � x-.4owiU,O.0 P"' t �n '4 FHI hBuilds t,. Ali nment.;;#�Lateral;;Deviatioi. <`�.,20inchi': er,20Qfoot;Max;,£.g Coverage Rate S . Ft. per Gallon 100-110 100-110 70-85 «,x iThic{cness�.��r," F I 15 1;7 15'1`7A a1i �20=25`f , Width Inches Per Plans +/- 0.25 D Time 'I= r ""Min tesf 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. 1 I February 3, 2011 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: 1 Subsection 630.10 shall include the following after the first paragraph: The Contractors Superintendent and all others serving in a similar supervisory capacity shall have completed a ' CDOT-approved two-day Traffic Control Supervisor training as offered by the CCA. The one -day ATSSA Traffic Control Technician (TCT) training along with the two-day ATSSA Traffic Control Supervisor training will serve as , an alternate. If the alternate is chosen, the Contractor shall provide written evidence that at least an 80 percent score was achieved in both of the two training classes. The certifications of completion or certifications of achievement for all appropriate staff shall be submitted to the Engineer at the preconstruction conference. 11 I I I III I I I u I t 1 1 1 1 February 3, 2011 REVISION OF SECTION 630 RETROREFLECTIVE SIGN SHEETING (WITH TYPE VI SHEETING) Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.02, delete the sixth and seventh paragraphs, including Table 630-1, and replace them with the following: Retroreflective sheeting for all signs requiring an orange background shall be Type VI or Type Fluorescent. Retroreflective sheeting for all signs requiring a yellow background shall Type Fluorescent. Table 630-1 RFTRr1RGG1 GCTI\rG CNGGTlMr- TVRFC Type VI Sheeting Type IV* .(Roll -up sin material) Type Fluorescent, Application Work Zone Work Zone Work Zone QlliOran$@:Gon'stivctiont t .47 44T Orange Construction Signs that are used only during daytime hours for short term or mobile X4 X operations ,i isl-r Vertical Panels X to ersSt'o §t'ow;P ddle r.z _ ."a3t�5=t. ..ems MEN;..� Drums X Non o6bJ Fi cd'Supp °ri signs I Y h t3 k�'F 9f tc k) x s 911 refix "W t?� with hF.a, a ;a§ , r_- a_. Special Warning Signs X y ..'.� Slgn (R I).9=:clt_Y4t I MM y V.i'NIi'h. g u4i .F',„� sIli]iy"P"i�a3 r� _ DETOUR sign (M4-9) or 4-10) X 2Ail'other fined su o�ittsi � s . , t _-?�1'�-:..a X'SauA Sr ,:", ,31 b y � 6p�7° " � � � � t }.;°.viz.��.,c.'. # 9 :?. cib::.:�,5 ° t�'" ��' .'ice. �i�X' R�'-'. 7:.�:&`.i All other signs used only during working hours X X IO/i�h'2Leyt j�3tigni$sZ�YdElFare� ,us d ?only durmg daytime haurs�oL Xl i X{ 14k�Xt I g ,� i sf a r i �rxt °shotttermso&mpbile,o erahons�_• ;�d�€),� Ip ,�,.,�;;� t��f�& ;; � ri °=s tf'��,Fq I Fluorescent Sheeting shall be of a brand that is on the CDOT Approved Products List. 2 Drum Sheeting shall be manufactured for flexible devices. 3 Fixed support signs are defined as all signs that must remain in use outside of working hours. They shall be mounted in accordance with Standard Plan S-630-I. 4 RS 24 only. 5 White only. ♦ New signs and devices shall be manufactured with Type IV sheeting. Existing signs and devices manufactured with Type III sbeeting may he used on projects advertised prior to January I, 2014. Sighs and devices used on projects advertised on or after January I, 2014 shall be manufactured with Type IV sheeting. I February 3, 2011 1 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. 1 I I I. I 0 0 I D I 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. 1 [_I I 1 I I I I I I I 1 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY February 3, 2011 1 A. AFFIRMATIVE ACTION REQUIREMENTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: (malt anri Timp}ahla Mr Minnrity 114 H72finn Timetable - Until Further Notice Economic Standard Metropolitan Counties Goal Area Statistical Area SMSA Involved 157 2080 Denver -Boulder Adams, Arapahoe, Boulder, Denver, (Denver) Douglas, Gilpin, Jefferson ................... 13.8% 2670 Fort Collins Larimer................................................ 6.9% 3060 Greeley Weld .................................................... 13.1 Non SMSA Counties Cheyenne, Clear Creek, Elbert, Grand, Kit Carson, Logan, Morgan, Park, Phillips, Sedgwick, Summit, Washington & Yuma ............................ 12.8% 158 1720 Colorado Springs El Paso, Teller ..................................... 10.9% (Colo. Spgs. - 6560 Pueblo Pueblo ................................................. 27.5% Pueblo) Non SMSA Counties Alamosa, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Lake, Las Animas, Lincoln, Mineral, Otero, Prowers, Rio Grande, Sa uache........ 19.0% 159 Non SMSA Archuleta, Delta, Dolores, Eagle, (Grand Junction) Garfield, Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Routt, San Juan, San Miguel 1 10.2% 156 (Cheyenne - Non SMSA Jackson County, Colorado .................. 7.5% Casper WY) GOALS AND TIMETABLES FOR FEMALE UTILIZATION Until Further Notice ......... ............................................................................................................. 6.9% -- Statewide 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 Contractor's goals ' shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer ' identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. ' 4. As used in this specification, and in the contract resulting from this solicitation, the "covered area" is the county or counties shown on the Invitation for Bids and on the plans. In cases where the work is in two or more counties covered by differing percentage goals, the highest percentage will govern. I I I 0 1 I 3 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY February 3, 2011 1 B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these Specifications: a. "Covered area' means the geographical area described in the solicitation from which this contract resulted; b. "Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employers Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes; (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be In accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractor toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the workis 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. 1 H 1 I I I I I 0 0 I 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. 0 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall aimplement 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 a 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 Q 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 B 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. 1 1 I 5 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY February 3, 2011 1 g. Review, at least annually, the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and Contractor's activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation. COLORADO DEPARTMENT OF TRANSPORTATION Project #: BIDDERS LIST DATA and UNDERUTILIZED �- "o Location: DBE (UDBE) BID CONDITIONS ASSURANCE �� 1�Dn5 - 1kwrnar) Prime Contractor Instructions: This form has two sections, both must be completed and submitted with your bid. Complete Section l 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 26.1.1, 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 -W 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/DBE Program Page.htm Name of firm submitting Bid/Quote Certified DBE firm? Yes I No Work item(s) description Firm being, used? Yes No 1. tnAJ Cr U V ��FA c,L4 2. 3. 4. 5. 6: ' 7. '8. 9. 10. 11. 12. 13. 14. ,age I or 2 Previous editions are obsolete and may not be used CDOT Form #714 4/08 I February 3, 2011 6 AFFIRMATIVE ACTION REQUIREMENTS 8 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 0 concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall anot be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all 8 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. 8 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 a 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 a 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). i� I� 1 I 7 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES. February 3, 2011 1 e 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. m 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. I I 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: _ O (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. 1 February 3, 2011 1 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY b. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor will inform every complainant of all of his avenues of appeal. 7. Training and Promotion. a. The Contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the Contractor's work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on- the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. c. The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women with the unions, and to effect referrals by such unions of minority and female employees. Actions by the Contractor either directly or thorough a contractor's association acting as agent will include the procedures set forth below: a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The Contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. February 3, 2011 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within he time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion , sex or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such Contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority -owned construction firms from State highway agency personnel. b. The Contractor will use -his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The Contractor will keep such records as are necessary to determine compliance with the Contractor's equal employment opportunity obligations. The records kept by the Contractor will be designed to indicate: (1) The number of minority and nonminority group members and women employed in. each work classification on the project. (2) The Progress and efforts being made in cooperation with unions to increase employment .opportunities for minorities and women (applicable only to contractors who rely In whole or in part on unions as a source of their work force). (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The Contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR 1391. I 1 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (a) Definitions and Procedures For this project, the following terms are defined: February 3, 2011 1 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, Kiribati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; e. "Subcontinent Asian Americans," which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; f. "Women", which means females of any ethnicity; g. "Other," which means any additional groups whose members are designated as socially and economically disadvantaged by the Small Business Administration (SBA), at such time as the SBA designation becomes effective and/or individuals who have been determined to be socially and economically disadvantaged based on the criteria for social and economic disadvantage. 2. Underutilized DBE (UDBE). A firm which meets the definition of DBE above and is eligible to meet the contract goal as defined in the project special provision titled "Contract Goal." 1 1] I I 1 I I I I I I 0 0 ' February 3, 2011 2 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 for bidding by UDBEs only; all of the partners in a joint venture must be UDBEs and certification of the joint venture will not be required. B. For all projects other than the set -aside projects discussed in A. above; one of the partners in a joint venture must be a DBE. The DBE percentage of the joint venture will be determined at the time of ' certification. 4. Contract Goal. The goal for UDBE participation that the Department determines should appropriately be met by the successful bidder. Contract goal will be the percentage stated in the invitation for bids and in ' the project special provisions. Successful bidders that are awarded a Contract based on good faith efforts shall continue to make good faith efforts through the period of time that work on the project is in process, to provide for additional UDBE participation toward meeting the goal. 5. Good Faith Efforts. It is the obligation of the bidder to make good faith efforts to meet the contract goal prior to the bid opening. The bidder can demonstrate that it has done so either by meeting the contract goal or by documenting good faith efforts made. CDOT will evaluate only the good faith efforts made by ' the bidder prior to the bid opening. Any UDBE Participation submitted on Form 715 that exceeds the participation submitted on Form 714 will be accepted as additional UDBE participation, but will not be counted as Good Faith Efforts and will not exempt a bidder from fulfilling the Good Faith Efforts requirements. The apparently successful bidder shall report all efforts made including but not limited to the efforts required on Form 718. The efforts employed by the bidder should be those that one could ' reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain UDBE participation sufficient to meet the DBE contract goal. I I 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. 0 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 CDOTs 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 a work as to non UDBE subcontractors. (5) Award subcontracts to UDBEs where their quotations are reasonably competitive with other quotations received. I February 3, 2011 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 hftp:/Iwww.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 maybe 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. [J 5 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS February 3, 2011 1 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. 1 t 1 l_ J 0 I I di I I 0 0 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 ' COLORADO DEPARTMENT OF TRANSPORTATION r'R EOT NO i/ _ ANTI.C.OLLUSIO:N AFFIDAVIT' LOCATION:l��y o� fit. Cottons V\ortno" ak Le.rvAGy f-hereby.attest.that I•am,the person responsible:Within my firm for the final decision.as to the prlce(s) and.amount of this bid or, if not, that i haveiwritten authorization;, enclosed herewith, from that'perscii to,make the'statements;set out.beiow on his' or: her behalf andon behalf of n y firm. I fuittier attest that: 1. The price(s) and amount of'thls•bid have been arrived at independently; Without. Consultation, communication or agreementfoi the purpbse or with the, effect of'restricting compet(tlon with any otherfirm or person Who.'is a bidder or potential prime _bidder, 2A. •Nelther'the prices) northe amountot'tfils bid"Have been disclosed -to any other firm•or person who is a bidder or potential prime 6dder on this project; and. will not Abe so,disciosed prior to: bid opemrn ,. 28: 'Neither the prices: nor the amount of the bid•of7any'otherfirm or person,who is a(bidder'or potential prime•,bidder on, this'project have been -disclosed to me or 'my,• firm. 3A. No attempt has been made to, solicit,'cause,or induce any firm or'person who is.abidder,'or potentia),prfine bidder to refrain from bidding on:this project, or, to submit a bid higher.thari•the bid ofthis firm, or any inte'ntionaily;h(gh penon- r competitive; bid, or other form of complementary bid: 36. No agreement has'Been promised or solicitedrfor.anyotheetirm or person who isabidder orpotential prime bidder on this project to su6md an: interilionally high, noncompetitive "orother.form;of complementary tiI, on this project., 4. 'The bid.ot`my firm is!made;ln good:faith-and notpursuant to any consultation, communication,.agreement or discussion with, or•irid`ucementor solicitation by or from an'y'`firm or"person do submit any intentionajiy hig`` ,, rioncom•- petltive'or.othert.ormof complementary bid: 5. My firm has not offered or entered•into a:•suboontract or agreement regarding the purohase'or sale of materials or servfc'es_from 'anyfirm or.person, or offered', ,promised �or paid cash or•anything of.valile: to anyfirm or -person;. whether in connection:with.this or any other project; in:conslderation for an agreement•or promise by anyfirm.or person to refrain fiom;bidding or to "submfi•any intentionaliy higli,'noncompetitive or other torm'o_ f:complementary:bfd' oragreeingtor promising to;do so on this:project. 6. My firni has,not accepfed,or been promised any'suticontract or agreerh6ntregarding the,:sale,of materials or sewices to'any.firm or person, and has not been promised or paid cash oranything ;of value'by any firm orperson„ whether iri'connection with this or'any other project; Vxchsideration for my,Iirin'$sutimitting.any'intehtionalfy high, noncompetitive orother form of complementary bid; or agreeing orrpromising to do so, on'this project 7. -.t have made a:diiigent inquiry of all memb6is officers, employees,. and'agehts of my firm with responsibilities relating to:tnepieparation, approval or submission of my firm`s.bid'on this'projectand:have been advised by'each of therethat:fieorshe has not participatetl•in,anycommunication,:consultation discussfori,•agreement;;collusion, or •other conduct Incof siisiei M'Wlth.-any of the' ;etatements'and representatroris'made iii this affidavit.. a. .fuDdersiand and'.myfirm understands,that•any,,misstatement.in,thisiaifidavit is and sliall be ti,eated'as a„fraudulent conceatment from the Colorado Department of Transportation„oi the'true,facts relating,fd submissforcof',blds:forthis. :contract. I DECLARE UNDEI 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: Co(SlreoiOfs'Lsp:Or company name By •Dula n l rua � '2n_dwnlracbrs Ian Prcompany !>bm6, (Itlanl. �+nufa:l � Qy, - 'Cat I :Tale I I Sworn to":before, me this 09 day 6f; 'K l No Pu610 my com%rsi - '' CC C� V O E: This"document rriust:be signed in'ink. COOT,Fon 0606 1102 n February 3, 2011 6 DISADVANTAGED BUSINESS ENTERPRISE ' DEFINITIONS AND REQUIREMENTS 6. The Contractor may count toward its contract goal the percentage of expenditures for materials and supplies obtained from UDBE suppliers (regular dealers) and manufacturers, provided that the UDBEs ' assume the actual and contractual responsibility for and actually provide the materials and supplies. A. The Contractor may count 100 percent of its expenditures to a UDBE manufacturer. A DBE 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. ' 7. 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. COOT 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. I 7 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS February 3, 2011 1 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 Contractor's assistance to the UDBE subcontractor prior to finding the UDBE subcontractor in default. C. A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE stating that it cannot complete the work and it is turning the work back to the Contractor. D. Copy of the contract between the Contractor and the UDBE subcontractor, plus any modifications thereto. E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of the efforts. In the event the Contractor is able to locate a replacement UDBE who can perform work at a reasonable cost to the Contractor, and also demonstrates to the satisfaction of the Department that prior to bid it had reason to believe that the named UDBE firm was responsible and not expected to default, the Department may modify or renegotiate the Contract to compensate the Contractor for any reasonable extra costs, because of a higher price in the proposal of the replacement UDBE subcontractor than that of the original UDBE subcontractor who failed to perform. Provided, however, that the Department will not be obligated to participate in any increased cost to the Contractor if the UDBE that fails to perform has a recent history of performance failure or default that was either known, or should have been known, to the Contractor prior to.award. 3. If the Contractor is unable to locate a UDBE replacement that is both interested in and capable of performing the work at a reasonable cost, the Department may waive the requirement that the work be performed by a UDBE and the Contractor shall provide for the satisfactory completion of the work at no additional cost to the Department. [1 ' February 3, 2011 8 DISADVANTAGED BUSINESS ENTERPRISE ' DEFINITIONS AND REQUIREMENTS (f) Sanctions. It is the obligation of the Contractor to provide DBE firms with equal opportunity to participate in the performance of the work. ' It is the responsibility of DBE firms to perform their work in a responsible manner fully consistent with the intent of the DBE program, and in substantial compliance with the terms and conditions of these DBE definitions and requirements. DBE firms which fail to perform a commercially useful function as described iri 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 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 all subcontract quotes received (non -DBE and DBE). Complete Section II to report only Underutilized DBE (UDBE) participation percentages which qualify under the contract goal specification for this project. Please review 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/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. Page 1 of 2 Previous editions are obsolete and may not be used CDOT Form #714 4/08 I 1 1 I t 1 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 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 1. 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: a,c wvavo,v aua uiay nm ue uses t uv 1 rorm R/ IY wua 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:/twww.dot.state.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 1 a —TRUCKING CONTRACT If the UDBE is being used as a trucker for one or more "trucking" DBE work codes (25500, 25505 etc.) then: • ACTUAL UDBE AMOUNT = Actual contract amount for the transportation services provided by the UDBE firm and any UDBE lessees. ELIGIBLE UDBE TRUCKING AMOUNT= I (ACTUAL UDBE AMOUNT) - (Any non-UDBE lessee amounts in this contract)" " For work done on this UDBE contract with non-UDBE lessees, credit toward the project UDBE goal is given only for the broker fees or commissions the UDBE trucker receives for arranging the transportations services, because the services themselves are being performed by non-UDBEs. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE TRUCKING AMOUNT $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR: Complete list of work codes is at http://www. dot. state. co. us/app_ucp/ PART 1 h — SUBCONTRACT _Alf Wa �1 Un • ELIGIBLE UDBE SUBCONTRACT AMOUNT = I (Actual UDBE contract amount) (Any>Kon UDBE '10 , tier amounts in this contract)* t_e {% Work that a UDBE subcontracts to a lower tier non-UDBE firm does not count towar'14 e pro t UDBE goaLV% NAME OF UDBE FIRM CERTIFICATION # EXP.1 A ION 4ATEELIGIBLE UDBE SUBCONTRACT AMOUNT / $ 0C DBE WORK CODE NUMBER(S) THIS UDBE IS BEING U$EO F R '_-§ Complete list of work codes is at http://www dot stateG o �s/app uc}I/ PART 1c — SUPPLY CONTICA6T1N V a «F If the is UDBE a T.ype'�fieki�f "Mari facturer" for the item(s): supplier a with ". �- • ELIGIBLE UDBE SUPPLYAMOUN Is(ActuafUDBE contract amount) X 100% ALT "Regular If the supplier is a UDBE with a- Type field of Dealer" for the item(s): t1 • ELIGIBLE UDBE S PPt. A T= I (Actual UDBE contract amount) X 60% 7 \> q� NOTE: If the supplier is`a,`DBE with a "Type" field of "Broker' for the item(s) use PART 1d -BROKER/ SERVICE CONTRACT. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE SUPPLY AMOUNT $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR: Complete list of work codes is at http:/Avww.dot. state. co. usapp ucp/ PART 1rf — 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 brokerlagent 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://wwwdot. state. co.us/app_ucp/ Original - Business Programs Office Previous editions may not be used CDOT Form 715 - Page 1 of 2 1/06 PART 2 — UDBE PARTICIPATION SUMMARY A) What is the total dollar value of this proposed trucking, subcontract, supply, OR broker/service contract that is eligible for counting toward contract goals? A = [ TOTAL FROM "ELIGIBLE" COLUMNS IN PART 1 ] A> $ NOTE: Provide in actual subcontractor dollars and not prime contract prices. B) What is the total dollar value of proposed subcontracts that are eligible for counting towards B> $ contract goals from prior sheets/forms? C) What is the accumulative value of proposed subcontracts that are eligible for counting towards contract goals? C> $ C=[A + B] D) What is the original contract bid total? D> $ E) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs? E=[(C _ D) X 1001 E> PART 3 — UDBE CONFIRMATION,. I confirm that my company is participating in this contract as documented in the Prime Clontractor�s commltrient(s) in PART 1 of this form. Only the value of the work that my company is actually performing is yeIng counted:;r#y�form. UDBE Firm Name: UDBE Representative Signature and Title: PART 4 — PRIME I certify that: • my company has met the contra2�ed 0DBEjgoals�grhas submitted a completed CDOT Form #718. • my company has accep�t6ealpro Posal�fnR' a UDBE named above. • my company has no t I oseid:�1DBE of the contracted UDBE commitment. • my compa :fias es�red�tF t th�proposed UDBE has signed PART 3 of this form. • my company s se of the prd41osed UDBE for the items of work listed above is a condition of the contract award. a. v-:i • my company will linvite:t gK> posed UDBE to attend the preconstruction conference. • my company,wrli nit use a substitute UDBE for the proposed UDBE's failure to perform under a fully executed subcontract, unless my company complies with the definitions and requirements section of the DBE Special Provisions. • 1 understand that failure to comply with the information shown on this form will be considered grounds for contract termination. 1 declare under penalty of perjury in the second degree, and any other applicable state or federal laws, that the statements made on this document are true and complete to the best of my knowledae. Prime Contractor Name: Officer Signature and Title: FORM INSTRUCTIONS Prime Contractor: 1. An officer of the contractors) must complete this form. 2. Include only DBE firms which meet the underutilized criteria in the contract goal specification for this project (i.e., UDBE firms). 3. Complete only 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. - Business Programs editions may not be 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 5—Page2of2 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 COOT 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 COOT. _ _ DBE Work Code,, ,, , „; DBE Work Code , Closest Matching Actual % Amount _ DIRECTORY K CODES rFn6m DBE'Directory Description' CDOT Bid Item # C Of Final Contract The DBE Directory can be found online at: http:l/www.dot.state.co.us/app_ucp/ • DBE work codes are 5 digit numbers where the 1st digit corresponds to the overall section the code belongs to • The 1 st 3 digits of a DBE work code identify its category • DBE work codes ending in "00" represent certification for the entire work code category DBE work codes NOT ending in "00" represent certification in a specific sub -category only UDBE CONTRACT GOAL %: TOTAL CONTRACT %: IL Complete the following table to summarize all outreach efforts made to UDBE firms. For each subcontract item identified, contact by mail, fax, phone and/or email 100% of the Colorado certified UDBEs whose DBE work codes match the type of work being solicited and who are marked as "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 UDBEsDBE DIRECTORY +From DBE Directory/_ Description Contacted "Eligible" Contacted Go to http://www.dot.state.co.us/app_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. IiWrigir"sineslftams ift S iWHIS IMIS C1W_NTI1W&vior . ons FWt be m iWT F(11W - PaMf 2 ift - M M M M M M M r M M M M M M M M M= M 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 tower than a UDBE bid, the Contractor may choose to perform the item itself. COOT will determine whether a subcontractor's bid is "competitive" based on factors such as the percentage and dollar difference between quote(s), and/or the percentage the quote(s) represents of the overall contract. CDOT Bid Item # (Break Out Bundled Quotes) OloaesY . DBE Work Bid Item„Descrlptlon Subcontractor Name (Place an' next to firm being used) Actual Bid Item Quote Price UDBE Firm? o �o Difference On Items That UDBE Firms Bid Ll Ll Ll Li Li Ll Ll Li 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 COOT THE CONTRACTOR UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE GOALS ESTABLISHED BY COOT IS REQUIRED THROUGHOUT THE PERFORMANCE OF THE CONTRACT. Company Name: Phone: Fax: Title: JPrinted Name: Signature: Original - Business Programs Office THIS FORM IS CONFIDENTIAL - Previous editions may not be used CDOT Form 718 - Page 2 of 2 1/06 1_ 'U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-12-11 GFNF.RAL DFCISION NUMBERS CO20100014 AND CO20100015. HIGHWAY CONSTRUCTION Decision Nos. CO20100014 and CO20100015 dated March 12, Modifications ID 2010 supersedes Decision Nos. C0020080014 and C0020080015 MOD Number Date Paee Number(s) dated February 08, 2008. 1 05-07-10 1,2 2 06-04-10 1,5 1 2 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more 3 08-06-10 1,5 3 job classifications, the higher minimum wages and fringe benefits 4 10-08.10 1 4 shall apply throughout the project. 5 10-29-10 5 5 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, Bloomfield, Denver, 31.60 12.52 6 Douglas, Jefferson, Latimer, 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 (Zone 2) 26.83 4.75 + 13.75% Traffic Installer Zone Definitions Zone l — Within a 35 mile radius measured from the addresses of the following cities: Colorado Springs - Nevada & Bijou Denver - Ellsworth Avenue & Broadway Ft. Collins - Prospect & College Grand Junction - 12th & North Avenue Pueblo - I-25 & Highway 50 Zone 2 - All work outside these areas. POWER EQUIPMENT OPERATORS: 1300 Asphalt Screed 23.67 9.22 1301 Bituminous or Asphalt Spreader/Laydown Machine 23.67 9.22 1302 Bulldozer 23.67 9.22 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Page 1 Section 00510 1 11 [1 II LI 11 11 I 1 [1 i -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 (cont.): Crane: 1305 50tons 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 1322 and over 23.97 9.22 1323 Trackhoe 23.82 9.22 I 3- U.S. DEPT. OF LABOR, DAMS BACON MINIMUM WAGES, COLORADO DATE 08-12-1l 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 FringeBenefrts 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 j 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 CONSTRi1CTION 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 (coat.): 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 15.90 5.27 2411 80 cubic yards and over 16.45 5.27 2412 Low Boy Truck 17.25 5.27 2413 Water Truck 14.93 5.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed 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 CO20100014. -s- U.S. DEPT. OF LABOR, DAMS 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, Quray, Park, Phillips, Pitkin, Prowers, Rio Blanco, Rio Grande, Routt, Saguache, San Juan, San Miguel, Sed wick, Summit, Teller, Washington, and Yuma counties. When work within a project is located in two or more counties, and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. CO201000f 5 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 1-13.75% 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 08-12-11 GENERAL DECISION NUMBERS CO20100014 AND CO20100015, HIGHWAY CONSTRUCTION 1 1 1 1 1] I I 0 I General Decision No. CO20100015 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATORS: 3300 Bituminous or Asphalt Spreader/Laydown Machine 23.67 9.22 3301 Bulldozer 23.67 9.22 Crane: 3302 50 tons and under 23.82 9.22 3303 51 to 90 tons 23.97 9.22 3304 91 to 140 tons 24.12 9.22 3305 141 tons and over 24.88 9.22 3306 Grade Checker 23.82 9.22 Loader: 3307 Barber Green, etc., 6 cubic yards and under 23.67 9.22 3308 Over 6 cubic yards 23.82 9.22 Roller (excluding dirt and soil compaction): 3309 Self-propelled, rubber tires under 5 tons 23.32 9.22 3310 Self-propelled, all types over 5 tons 23.67 9.22 3311 Trackhoe 23.82 9.22 3312 Oiler 22.97 9.22 3313 Water Wagon 23.82 9.22 General Decision No. CO20100015 The wage and fringe benefits listed below do not reflect collectively bargained rates. Carpenters: 3600 Form Building and Setting (Excluding curbs and gutters) 15.92 5.38 3601 All other work 16.30 3.71 3700 Concrete Finishers/Cement Masons 15.55 2.85 3800 Groundman (Traffic signalization) 11.57 3.50 Ironworkers: 3900 Reinforcing 16.94 6.77 3901 Bridge Rail (Excluding guardrail) 16.76 6.01 I I U.S. DEPT. OF LABOR, DAMS BACON MINIMUM WAGES, COLORADO DATE 08-12-11 0 r:RNRRAi.T1RCTST(1NMTMRRRS CO2n100n14 AND CO20100015 HTC;HWAY 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 12.90 3.07 pavement markings) 4004 Traffic Director/Flagger 9.42 3.21 4005 Traffic/Sign Laborer (Sets up barricades and cones, 12.39 3.20 and installs permanent signs) 4007 Guardrail (Excludes bridgerail) 12.78 3.31 4008 Formwork (Curbs and gutters only) 12.92 4.54 4009 Landscape Laborer (Including irrigation work) 12.21 3.16 Painters: 4100 Spray 17.54 3.52 POWER EQUIPMENT OPERATORS: 4200 Asphalt Plant 17.23 1.20 4201 Asphalt Screed 16.21 3.76 4202 Backhoe 16.42 4.42 4203 Compactor (Dirt and soil only) 16.52 3.13 4204 Grader/Blade 16.39 4.20 4205 Mechanic and or Welder (Includes heavy duty and combination 16.74 4.20 mechanic welder) 4206 Post Driver/Punch Machine 16.07 4.41 4207 Rotomill Operator 16.28 4.41 4209 Scraper 17.62 3.16 -8- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 08-12-11 GENERAL DF.CTSTON NT TMR F.R S CC12n 1 non 14 AND CCl2o l nnn 15 _ HT(;HW AY CCINSTR 11C"rTnw 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 1 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. I If 11 11 11 1 1 I 9- U.S. DEPT. OF LABOR, DAMS BACON MINIMUM WAGES, COLORADO llA1'E 08-12-11 GENERAL DECISION NUMBERS CO20100014 AND CO20100015, HIGHWAY CONSTRUCTION WAGE DETERMINATION APPEALS PROCESS a 1.) Has there been an initial decision in the matter? This can be: ♦ an existing published wage determination ♦ a survey underlying a wage determination ♦ a Wage and Hour Division letter setting forth a position on a wage determination matter ♦ a conformance (additional classification and rate) ruling , On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of construction wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division ' U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 , 2.) if the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: , Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 , The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. ' 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, D.C. 20210 4.) All Decisions of the Administrative review board are final. h I 1 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 1=://Nvww.coloridodol.info/business/eoual- opporhm itv/trai n i ne. 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 (FH WA), or the U. S Department of Labor (DOL), Office of Apprenticeship or recognized state apprenticeship agency. To obtain assistance or program approval contact: CDOT Center for Equal Opportunity 4201 East Arkansas Avenue Denver, CO 80222 eoCa)dot.stete. 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 may be 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 http://www.coloradodot.info/business/b idd i no/Biddinq`/u20 Forms/Bid%20Wi nner%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: 3i°4 Contract=dollar=value-F € Up to 1 million hMmimu_mtotal trirong 3�hou.`s_to ber,rovid' .one projeci 0 §>1 2 milli n >2 - 4 million 640 -r. t .5, >4 film n '; rx 12 s >6 - 8 million 1600 �.>8 12mtllion ffi §: >12- 16million 2240 16 =20 million a2560gTt For each increment of $5 million, over $20 1280 million SECTION 004'10 BID BOND KNOW ALL MEN BY THESE PRESEN rs: that we, the undersigned_ Mountain' _ _ as Principal, and as Surety, are hereby held and firmly bound unto the Ci�oF 1=ort_Collins, Cotorado as OWNER, in the sum of $ five` _ 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 accented 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. `Constructors, Inc. "Granite Re, Inc. ` Percent of Amount ©id (5%) Rev 10120ro7 Section 00410 Page 2 , I July 29, 2011 3 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 D enrolled in a DOL approved apprenticeship program and registered with CDOT using Form 838 and working for the Contractor on an on-C DOT 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 D 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. I I I 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. I February 3, 2011 1 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As ' described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification: The weekly payrolls submitted by contractors and subcontractors in accordance with Part V., paragraph 2c shall not include full social security numbers and home addresses. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee's social security number). Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them to the SHA upon request. I ' I 1 I I 1 I L C I February 3, 2011 1 2 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHWAA 2733 Eleclmnie version —Ma 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 It. 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 VIII. Safety: Accident Prevention...............................7 IX. False Statements Conceming 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 contractor's immediate superin- tendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the 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. (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 forth under 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 his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It Is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other fortes of compensation; and selection for training, including apprenticeship, preapprenliceship, and/or on -the job training.' 2. EEO Officer. The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not C� 1 I I 1 1 r 1 I 1 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 contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the 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 expelled 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, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel r actions in depth to determine whether there is evidence of discrimi- nation. Where evidence is found, the contractor will promptly lake 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 lime. 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 hislher 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 contractors 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 special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reason- able times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to Increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on -the - job training is being required by special provision, the contractor will be required to collect and report training data. Ill. 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, timeclacks, 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 I I 1 1 I t 1 1 I Q i I 1 I 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 classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Stan- dards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional February 3, 2011 classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secre- tary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside In a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as 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 contractors 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 1 I REQUIRED CONTRACT PROVISIONS . FEDERAL -AID CONSTRUCTION CONTRACTS the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. to. 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 tirmes 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 States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. .9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in para- graph 8 above. V. STATEMENTS AND PAYROLLS I P I I I I �l I I I 1L I I I a I 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 Ad, 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 determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such repre- sentatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5A2. VL. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Forth 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 lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. Al the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. 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 specially Items designated by the Stale. Specialty items may be performed by subcontract and the amount of any such specially 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. Vlll. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA 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. Willful falsification, distortion, or misrepre- sentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar 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 concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specificalions, 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 or 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 seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as 1 I I r 1 H I I a I No Text I i 1 1 LI 1 1 F111 9 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS amended (33 U.S.C. 1251 et gg ., 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 firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to Include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such require- ments. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBIUTY 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 U any Ume the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terns "covered transaction; "debarred" "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction; "principal,' "proposal; and "volun- tarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules Implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared February 3, 2011 ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause tilled "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 fier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of Its principals. Each participant may, but is not required to, check the nonprocure- ment portion of the "Lists of Parties Excluded From Federal Procurement or Nonpmcurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower Uer covered tmnsactIon with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, In addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or Stale 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, State or local) terminated for cause or default. L' I 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 debarrnenL c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction; 'debarred," "suspended," "ineligible; "primary covered transaction," "participant," 'person," "principal," "proposal,' and 'voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assis- tance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that It will include this clause tilled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, Ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocure- ment List. In. 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 1 L Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, Including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influenc- ing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Con- gress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 1 i i r] 1 D D 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: ATKINS 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 45-47 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 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 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 Revision of Section 109 - Asphalt Cement Cost Adjustment (August 19, 2011) (February 3, 2011) 1 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 a Revision of Section 401 - Composition of Mixtures - Voids Acceptance Revision of Section 401 - Reclaimed Asphalt Pavement (February 3, 2011) (February 3, 2011) 1 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 Revision of Section 627 and 708 - Pavement Marking with Waterborne Paint (February 3, 2011) (February 3, 2011) 1 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 1 I 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 — Senior Buyer — Tim Kemp, P.E. Phone: (970) 416-2719 Engineering Department Fax: (970) 221-6378 City of Fort Collins email: tkemp(a)fcgov.com 281 North College Avenue Fort Collins. CO 80522-0580 John Stephen Phone: (970) 221-6777 Purchasing Department Fax: (970) 221-6707 City of Fort Collins email: jstephenCa�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. 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 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.. ISalient 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 a (6) Erosion Control (7) Curb, Gutter and Sidewalk (8) (9) Asphalt Pavement Irrigation (10) Seeding and Landscaping (11) Utility coordination and relocations a u a FIJ I I 4 I 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. A I 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 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. t 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 beset. 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. I. 1 SECTION 00420 1 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 1desires. nV I 1. Name of Bidder: / O IAnAn t r� ru<To trs , �r1 C . 2. Permanent main office address: 4 0 a Ab i Ile, 9aL J� 3. When organized: moyl? ry L. r I qsa, , 4. If a corporation, where incorporated: Col nrcLd o i 5. How many years have you been engaged in the contracting business under your present firm or trade name?—rg,� ' 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) l i 1 i 7. General character of Work performed by your company: ■ 8. Have you ever failed to complete any Work awarded to you? No If so, where and why? 9. Have your ever defaulted on a contract?. If so, where and why? 10. Are you debarred by any government agency? IVO If yes list agency name. Rev 10n0107 Section 00420 Page 1 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 1 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. 1 .1 I 1 I r L 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 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 E Pay Unit Square 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 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 L 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: 1 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 -2- SECTION 212 SOIL CONDITIONER Compost Parameters Reported as Requirements pH pH units 6.0 - 8.5 (Electrical Moisture Content Particle Size (Sieve Sizes) dS m-1 or mmhos cm-1 wet weight basis dry weight basis %, dry weight basis for each sieve fraction Test Method TMECC 04.11-A Maximum I TMECC 04.10-A 10dS/m 30 - 60% 30 - 65% Passing 1 inch - 100%'/z inch - 95% TMECC 03.09-A TMECC 05.07-A TMECC 02.02-B Man-made Inert %, dry weight basis < 1 % TMECC 03.08-A Contamination Stability mg 602-C per g TS per day 8 or below TMECC 05.08-B (Respirometry) mg CO2_C per g (PASS/FAIL) Limits: TMECC 07.01-B Fecal Select Pathogens Salmonella <3 MPN/4grams of Pass Coliforms, or 07.02 TS, or Coliform Bacteria <1000 Salmonella - - — - -- -- — MPN/gram - -- - - -- ---- - - - - - - Trace Metals Maturity (PASS/FAIL) Limits (mg kg-1, Pass > 80% > TMECC 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 1 I [1 I I 1 I 1 -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. M 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 1 1 1 1 1 1 1 1 1 1 I I 1 1 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. '�= po 12. List your major equipment available for this contract. I2Q.riL- 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: $��.15_. cpnc01 II \ 16. Bank Reference: �an crt. l_N�i et �470 1 .CCY - I ry-in 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? , 18. Are you licensed as a General CONTRACTOR? 'CGS If yes, in what city, county and state? C What class, license and numbers? Yes 19. Do you anticipate subcontracting Work under this �C�Contract? es If yes, what percent of total contract? (,a and to whom? � 5'C �L14,,t;C Rev 10/20/07 Section 00420 Page 2 I 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 r, 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 -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 1 L -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 I� dispose of them off Owner's property. Subsection 212.07 shall include the following: I' Tree retention and protection (including installation and maintenance of protection -zone fencing) will not be measured, but will be considered incidental to the work. I' BASIS OF PAYMENT Subsection 212.08 is hereby revised to include the following: ItThe 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 I 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 Contractor's 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 I 1 1 1 22 L� 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 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 1 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'/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 '/< 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. 1 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'/z 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'/2 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 O 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 I 26 I 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- 1 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 1 1 I 20. Are any lawsuits pending against you or your firm at this time? No , IF yes, DETAIL 21. What are the limits of your public liability? DETAIL What Company?, 22. What are your company's bonding limitations? 23. The undersigned hereby authorizes and requests any person, f rm Gdr corl6oration to 00 furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at this day of Al..• 1. .�/ o•-.: UWMKIW 00'r State of � IC-�. r a4 n County of W9--(A being duly sworn deposes and says thatshe is of IN air. �.ns+t,\),t Lars_T,rK and that (name of organization) the answers to the foregoing questions and al statements therein contained are true and correct. Subscribed and sworn to before me this 444' day ofy Pn t�cl' 20� Notary Publi My commission expires 5 Rev 10/20/07 Section 00420 Page 3 1 I II 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 i -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 I 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. AQC 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. 11 I I 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 Al 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 .1 1 I 1 I 1 1. C 1 1 I 1 Minimum Voids in the Mineral Aggregate (VMA) Nominal "*Design Air Voids " Maximum Size', 3.5% 4.0% 4.5% mm (inches) 37.5 (1'/:) 11.6 11.7 11.8 25.0(1) 12.6 12.7 12.8 19.0 (%) 13.6 13.7 13.8 12.5 (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 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 -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, thal 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 35 I 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 rMembers 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. 1 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 I 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 m r m m m m= m m= m = w m m m m ITEM #6 4-0�45T�ut WORK ON HAND AS OF SEPTEMBER 2011 PROJECT NAME OWNER / ARCHITECT CONTRACT PRICE ESTIMATED START DATE ESTIMATED DATE OF COMPLETION PERCENT COMPLETE WCR 17 / WCR 34 Weld County Public Works Dept. $ 123,043.50 9/26/2011 10/21/2011 0% 160th / Bull Canal Bridge Replacement City of Thornton / Felsburg Holt & Ullevig $ 196,984.30 10/15/2011 1 12/15/2011 1 0% IUS 287 Replace Dry Creek Bridge CDOT $ 1,735,850.75 7/25/2011 4l15/2012 100/. TOTALS $ 2,055,878.55 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 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 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: ' 1. 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. I 1 I Quantity Low > 0.3 to 0.5 inch Moderate > 0.5 to 1 inch High > 1 inch (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 I 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: 1 ame A: L year vvarranzy muixin2 Kate oT Loauing 1 ame Time after Pavement Acceptance Maximum Accumulated ESAL's (sampling intervals) (where D = 3 year projection design lane ESAL's) "w" 6 months 0.25 x D 12 months 0.50 x D 18 months 0.75 x D 24 months 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 feee Moderate 1 inch to 2 in. deep and > 0.2 feetz 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. 0 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 I I 1 I 1 I 1 -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. 8 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. 1 40 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 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 Preferred Action (actual action to be approved by PET) Low < 0.25 inch wide Seal cracks with hot poured joint and crack sealant materials that meet the requirements of ASTM D 3405. Moderate < 0.75 inch wide Seal cracks with hot poured joint and < 0.25 inch wide with crack sealant materials which meet the spalling or random cracking requirements of ASTM D 3405, ASTM D 5078 or ASTM D 5078 with 22% scrap rubber. High >_ 0.75 in. wide Remove and replace full width of lane or < 0.75 in. wide with spalling shoulder to one foot longitudinally and random cracking 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: 1 I I 1 Emulsified Asphalt (tack coat) will not be measured and paid for separately, but shall be included in the work. 42 I 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 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. I I 1 1 I I 11 43 1 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 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 I I I I 44 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 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 x 100 Bi Where B, = Light Reflectance Value (LRV) of the lighter area B, = LRV of the darker area Absolute black and white will not be permitted. 45 Intersection Improvements t 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 1 -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 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 -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 MOUNTAIN CONSTRUCTORS, INC. COMPLETED PROJECTS WITHIN FIVE YEARS GENERAL CONTRACTOR ITEM #11, #13 OWNER PROJECT NAME FINAL CONTRACT AMOUNT DATE COMPLETE CONTACT NAME PHONE NUMBER Weld Co. School District West "C" Street Improvements $360,865.00 3/1/2005 Steven Butherus KBN Engineers 970) 395-9880 City of Loveland E. Eisenhower Blvd & Boise $515,838.23 4/30/2005 Tom Knotsman (970) 962-2627 Larimer County CR 46E & CR 21 $1,389,214.12 5/13/2005 Todd Juer ens 970 498-5711 Larimer County LC PN 17.4 Bridge Replacement $899,918.55 5/23/2005 Todd Juer ens (970) 498-5711 Boulder County Mud Lake $102,124.50 6/17/2005 Barry Shook (303) 516-9351 Colo Dept. of Transportation Safety Project R400-180 $778,804.00 11/18/2005 Chris Boespflu 303 442-5640 Town of Wellington Schedule 1 & 3 $672,213.00 12/6/2005 Tony Willkomm Stantec Consulting (970)482-5922 Larimer County Blue Sky Trail Underpass $340,548.96 2/3/2006 Todd Juergens 970) 498-5711 City of Greeley Island Grove Parking Lot $189,871.39 4/19/2006 Tom Welch (970) 350-9522 City of Evans Playground Improvements $124,000.00 6/30/2006 Andy McRoberts (970) 475-1129 City of Fort Collins Spring Creek Bike/Pedestrain Trail $1,477,780.62 8/11/2006 Mark Laken 970 221-6605 Colo Dept. of Transportation SHE 2873-143 US 287 & CR 54G $209,207.88 9/20/2006 Long Nguyen 970) 667-4670 Weld County Public Works STA 2571-009 - SH 257 & WCR 74 $1,330,990.29 10/5/2006 Robert Patrick 970) 304-6496 Boulder County Caribou Trailhead Parkin Lot $97,842.00 10/6/2004 Barry Shook (303) 516-9351 City of Loveland 2006 Capital Stormwater Projects $132,986.52 10/31/2006 Chris Carlson (970) 962-2774 Town of Wellington Schedule 2 $332,407.62 11/20/2006 Don Silar Stantec Consulting (970) 482-5922 City of Fort Collins Fossil Creek Bike/Pedestrain Trail $907,357.04 1/8/2007 Mark Laken 970) 221-6605 University of Northern Colo. I Parking Lot T Improvements $575,086.26 3/1/2007 Scott McLean (970) 351-1982 Beebe Draw Farms Lake Christina Maintenance Project $232,693.53 F 5/15/2007 J.L. Walter Consulting (970) 613-2037 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 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. 1 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 3/d' 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 3/4' 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. 1 1 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. AQC 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. 1 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 1 54 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. 99 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 itemized 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 Adiustment — 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 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 UTILITIES The following Utilities are known to be within the project limits: Utility/Agency Contact Phone Fiber Optic — Comcast Dennis Greenwalt (970) 484-7166 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. The work listed below shall be performed by the Contractor in accordance with the plans and specifications, and as directed 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 r= M M M M M M M M M M W M M = M -w MOUNTAIN CONSTRUCTORS, INC. COMPLETED PROJECTS WITHIN FIVE YEARS GENERAL CONTRACTOR ITEM #11, #13 OWNER PROJECT NAME FINAL CONTRACT AMOUNT DATE COMPLETE CONTACT NAME PHONE NUMBER, Larimer County CR 80C from CR 8E to Calloway Hill $1,991,432.82 7/13/2007 Todd Juer ens (970) 498-5711 City of Longmont 3rd Avenue Entryway $1,424,148.35 9/7/2007 Curtis Ansel (303) 651-8349 CDOT SHE R400-213 FY 07 HES Intersections $743,656.50 11/9/2007 Craig Kuehneman 970 622-1283' City of Greeley US 34 Bypass/1 1 th Ave Intersection $214,585.50 12/20/2007 Rafael Samanie o 970 3364122 City of Loveland 2007 Capital Stormwater Projects $184;363.99 12/20/2007 Chris Carlson 970) 962-2774 University,of Northern Colo. A -Lot South /Jackson Field Parkin Lots $1,565,244.00 7/7/2008 Jimmy Mock 970 351-1892 City of Greeley North 11th Avenue Streetsca a $358,600:65 11/18/2008 Steve Bagley 970) 350-9792 City offort Collins US 287/S. College Bike Lanes $385;928.68 11/21/2008 Kyle Lambrecht 970) 221-6605 Weld County Public Works WCR 13; From WCR 8 to,SH 52 $2.510,111.15 12/31/2008 Robert Patrick 970 304-6496 City of Loveland 2008 Capital Stormwater. Projects $166,509.00. 11/7/2008 Chris Carlson 970 962-2774 Weld County Public Works. SH 52 & WCR 13 Traffic Signal Improvements $1,246,443.60 2/28/2009 Robert Patrick 970) 304-6496 Town of Superior S. Original Town Roadway and Drainage Improvements $493,123.83 5/18/2009 Kurt Kowar (303) 961-0456 City of Greeley Bellvue Raw Ponds Toe Drain $485,270.13 5/28/2009 Duane Smith (970) 490-2620 Weld County Public Works WCR 29 Cement Modified Soil $71,838.50 6/19/2009 Wayne Howard 970 304-6496 Greeley Urban Renewal Auth 6th St. Paving - New Hope Subdivision $77,847.31 10/16/2009 Rick George (970) 350-9382 Colo Dept. of Transportation SHE 1191-028 - SH 119 @ Hover Rd. $71,465.46 7/16/2009 BillAldorfer 303 818-1714 Town of Platteville Platteville Baseball Fields Parking Lot $29,529.72 7/17/2009 Troy Renken 970 785-2245 CDOT _... ,>. SH 402 & CR 11 Intersection $558,464.60 11/30/2009 Louis Keen (970) 667-4670 City;of:Lovelandt _ S US 34 &Wilson Median , ARRA Project• _... _ _ _ _ _..... r . _ . '$3Z9,487, ;15:i _ '11/24/2009 ,Dave DeBaere _ _ (970) 962-2 ' 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 ' -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. I I I� 1 58 I STANDARD SPECIAL PROVISIONS I I 1 11 [1 I I I I I F I F 1 I [1 Final Pavement Design ' And Geotechnical Engineering Report Intersection Improvements in Ft. Collins I Project No. 28-244 'July i 14, 2009 f Prepared for. PBSU ' 4701 DTC Boulevard Denver, Colorado 80237 Att: Lee Kunselman, P.E i Prepared by. Yeh and Associates, Inc. 5700 East Evans Avenue Denver, Colorado 80222 Phone: 303-781-9590 Fax:303-781-9583 Table of Contents Page 1.0 Project Information.............................................................................................1 1.1 Purpose and Scope of Study.............................................................................1 2.0 Proposed Construction......................................................................................1 3.0 Geologic Conditions...........................................................................................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 7.0 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....................................................................................................................1 BoringLocations..............................................................................................................2 I I Tables iTraffic Loading.................................................................................................................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 ' Boring Logs..................................................................................................................... A LaboratoryTest Results.................................................................................................. B PavementDesigns.......................................................................................................... C I i i; t 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 i 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. , I Figure 1 Ft, Collins intersection Improvements FOR Z O N 00 N A 41 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 conducted 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: 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 Figure 2 Ft. Collins Intersection Boring Locations O Fort Collins Intersection Improvements Proiect No. 28-244 1 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. 5 I SECTION 00020 INVITATION TO BID 1 1 1 1 1 1 1 1 A 1 1 1 i 1 MOUNTAIN CONSTRUCTORS, INC. COMPLETED PROJECTS WITHIN FIVE YEARS GENERAL CONTRACTOR ITEM #.11, #13 OWNER PROJECT NAME FINAL CONTRACT AMOUNT DATE COMPLETE CONTACT NAME PHONE NUMBER City of Loveland 2009 Stormwater Maintenance Projects $242,744.00 12131/2009 Eric Lessard 970 962-2773 Town of Erie Erie Municipal Airport $316,965.30 4/30/2010 Russell Pennington 303 926-2700 Boulder County SH 7 & E. County Line Road $627,786.13 8/24/2010 Andy Reed 303) 441-3900 Ci .of.'F61i,Mor an_ Rainb'ow;Bridgg.- $37,0,458:1:4, . .5/2812016, ' Beadle ;Curtis: 970 ,542-3901 Larimer County Replace Structure $175,927.56 6/23/2016 Darrell Morrell 970 498-5728 Town of Berthoud Roundabout at 1 st Street & SH 56 $973;060:84 9/30/2010 Stephanie Brothers (970) 532-2643 City of Greeley 2010 Northside.Infrastructure,lmprovements $58,858.66 10/1.112010 Joe Marcisofsk 970 336-4124 City of Fort Morgan Fort Morgan Municipal Airport $188,958.25 10/31/2010 Jared Moren (970) 242-0101 COOT SH 287 At LCR 21C $409,313.82 11/18/2010 Robert Moen (970)350-2283 City of Greeley SH 257 and 37th Street Intersection $223,372.00 11/23/2010 Rafael Samanie o 970 336-4122 City of Loveland 2010 Stormwater Maintenance Projects $292,813.19 12/31/2010 Eric Lessard(970) 962-2773 COOT, ,-. SH 7 @;Y,ork Street _ _ . $549,,145:68 ,1/13%20111 ': Ra mond,$tranber 303 .39"770:... City of Greeley Poudre Ponds Recreational Fishery $153,229.31 1/31/2011 Sarah Boyd 970 336-4180 Larimer County Replacement of Bridge No. 7-0.8-68 $535,809.93 6/15/2011 Todd Juergens (970) 498-5711 Total : IMILAR•'PROJECTS $28,746,243.26 1 II 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 s 0 Fort Collins Intersection Improvements Project No. 28-244 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 D4546 with a loading of 200 PSF to determine the swell or settlement potential of selected samples of the subsurface materials upon addition of water. The test results ranged from -0.4 to 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. 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„ kcr., 3 ,+ t rt". �f tlept Ingl�le wC'v. IOa�W �CtlO�1 x n i r x a <z�s J �, t� s •� Je a .einenx +�jj A Igld Pave ent . '}^ .. a .T "ti P.....iYY..�4F. ,..Yr ,+�`e. L�. Q `7.�. M. 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 a� D U 0 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 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 subgrade reaction modulus (k) of 70 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. a 0 0 Fort Collins Intersection Improvements Table 3 - HMA Pavement Design Parameters Project No. 28-244 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 3.4x106 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 'S'v6t lion ,s I'y hYJyr�t`14J.£1 •�'��cqs l ii" 't yl Ti f:ii i+��":.. •r&!l oA ��3 ..sCy:S A (th�sj I.vl + jJ.'i1W fV1'}UL +yrt3f.`S - t� Yv2 i' yT 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 II II I I I 11 Fort Collins Intersection Improvements Table 6 - Minimum Recommended PCC Pavement Thickness Project No. 28-244 Roa�Iway Secftori 1MA=(mehes� s ,BC-(tnches) 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 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 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 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 should be between 2.0 and 3.0 inches. Aggregates for_hot mix asphalt should be of uniform quality, composed of clean, hard, durable particles of crushed stone, gravel, or slag. Excess of fine material should be wasted before crushing. 10 0 Fort Collins Intersection Improvements Project No. 28-244 9.0 Subgrade Preparation 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 ` a� -s cr �f•,. iY� _��f•Ys ill'','$} -ac,r .ry_gr .Yr� •�,. ,�^a. �` ic� 2'SLA.{�0../�4/��L`... t �^ d �!(�r�1� Ye• ` a ,¢,yam'"` .r EST' tb'�i r2t(-•�2Y ia_ fJ1r?V�; �i9�IstUre�Ot� s - ,c. 'v � t' l �4 yY`�Frrfn �' `"/e a ta` blfip a lori%r Gym a tnrj o_ r of Otmi�m r 5 ,s 1 -=..- viS�'{t.fv. 1.. _±Y�? r,..�a r .F?i+`•:�. _$°��' �.t'S�^ _ oa. .4 .f �.. .>- .tv� Za-4'�. 3tr A-1 thru. A-5 95 N/A -2 to +2 A-6, A-7 N/A 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 drainage should include prevention of ponding of water on or immediately adjacent to pavement areas. All landscape sprinkler heads adjacent to pavement areas should be frequently checked for leaks and maintained in good working order. Over -spray from sprinklers should be minimized. 11.0 Limitations jThis report has been prepared in accordance with generally accepted engineering geologic and geotechnical engineering practices in this area for use by the 11 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 I I! 12 Reviewed by: Robert F. La Force, P.E. Senior M! w agel Qp0 RcG/5+�� / oepNCIS �,qo , viro 'ik3 �9 .O m: � Fort Collins Intersection Improvements Appendix A- Boring Logs Project No. 28-244 I I I II U I i Project: Intersections in Fort Collins Boring: P _ 1 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 Y Dry Date 10/3/08 Inclination: Vertical Time w Rock Soil Samples a T o � C f >. Field Notes .4 E Q) 0 Blows o Material Description and a, o co'o C1 per N 5 Lab Tests LU 6 in of - 0.0 - 0.7 ft. Asphalt. 0.7.1.1 fL Base Course. MC= 1.6 % 1.1 -10.0 ft. sand CLAY, brown, moist, stiff. y 1f200= 59 % LL= 40 PL= 15 PI= 25 R-Value= 10 6/8 14 AASHTO: A-6 (11) 5 USCS: CL MC= 16.2 % DD= 106.1 pcf SIC= 0.4 % MC= 13 % 4/4 8 10 DD= 112.0 pcf Bottom of Hole at 10.0 ft. pH= 8.1 S= 0.008 % 15 20 25 Project: Intersections in Fort Collins Boring: P _ 2 YEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 28 - 244 Date: Sheet 1. of 1 Boring Began: 10/312008 Completed: 10/3/2008 Total Depth: 10.0 fl. 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 4 Dry Date 10/3108 Inclination: Vertical Time n Rock Soil Samples >. 0) Blows o Field Notes v E a) p o Material Description and a� p n o " d Y per N Lab Tests w 6 in J Of elf 0.0 - 0.6 ft. Asphalt. 0.5 -1.0 ft. Base Course. MC= 3.1 % 1.0. 8.0 fL sandy CLAY, brown, moist, stiff. #200= 72 % LL= 44 PL= 15 PI= 29 R-Value= 5 716 13 AASHTO: A-7-6 (19) 5 USCS: CL MC= 13.4 % DD=116.3 pcf S/C= 1.1 % 8.0 -10.0 IL silty SAND with clay, calcareous, brown, moist, medium dense. 8/8 16 :: MC-- 9.5 % pH= 8.4 10 Bottom of Hole at 10.0 ft. S= 0,045 % i c i 15 - i i i i 20 i i i i i i 25 i , r i ' r i� ii• r r r s Ir tll•1 r r ri r Ir ■r r r� r MOUNTAIN CONSTRUCTORS, INC. CONSTRUCTION EQUIPMENT AVAILABLE QUANTITY DESCRIPTION 12 Pick ups, 3/4 ton 4 Service Fuel Trucks / Mechanic Truck 4 Dump Trucks 1 Water Wagon 5,000 Gal. 3 Water Trucks 2,500 Gal., 3,500 Gal. (2) 4 Truck Tractors - 85,000 GVW 13 Trailers - End Dump (2), Bottom Dump (3), Low Bed (2), Floats (4), Side Dump (2) 1 Crawler Dozer - CAT D7H 3 Motor Graders - CAT 130G, 140G, 140H 6 Rollers - CAT 815, Dynapac 2511, CAT 463B, Bomag, CAT 563C, CAT 563DP 2 Motor Scrapers - CAT 623B, CAT 623E 4 Rubber Tire Backhoes - JD 310D (2), JD 410D, JD 410E 5 Track Backhoes - JD 892D, JD 892E, JD 450, Komatsu PC228US-3, JD 330 CLC 3 Skid Steer - Bobcat (2) JD (1) 1 Air Compressor - 185CFM 2 Welders 200Amp (3), 300 Amp (1) 4 Water Pump - 6 inch, 3 inch, 4 inch (2) 4 Wheel Loaders - CAT 950, CAT 966E, CAT 980F, 966F 2 Demo Hammer 2 Generator - 50KW, 15KW l ITEM #12 II II DI I I I 'A 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: 10/312008 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 Dry Inclination: Vertical Date 10/3/08Time - v Rock Soil Samples o. o m m a (1)E Q, Blows o Field Notes aD 8 o o Material Description p8 and a2.—' p w (n per N y Lab Tests w m 6 in 0.0 -1.0 ft Asphalt. MC= 1 % 1.0 -1.7 ft. Base Course. #200= 32 % 1.7 - 3.5 ft. fill sandy CLAY, moist, stiff. LL= 27 PL= 17 PI= 10 3.6 -10.0 ft. sandy CLAY calcareous, R-Value= 6 617 13 red -brown, moist, very stiff. AASHTO: A-2-4 (0) 5 11SCS: SC MC= 20.1 % D D= 99.3 pcf S/C= -0.2 % MC= 17.2 % 8/12 20 10 DD= 108.9 pcf Bottom of Hole at 10.0 ft. pH= 8.2 S= 0.007 % 15 20 25 7 I Project: Intersections in Fort Collins Boring: P - 4 VAYEH 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: 10.011 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 Date 10/3/08 Inclination: Vertical Time - a Rock Soil Samples w rn Field Notes ru m E (1)0 Blows o Material Description and a� aa) p " (n o Ci per N w Lab Tests u3 " 6 in -� 0.0-0.5ft. Aspahlt. 0.5 -1.5 ft. Base Course. 1.5 -10.0 ft. sandy CLAY, red -brawn, moist, medium stiff to stiff. MC= 18.6 % 2/2 4 DO= 109.7 pcf 5 SIC= -0.4 % MC= 1.2 % #200= 46 % LL= 33 PL= 12 PI= 21 AASHTO: A-6 (5) 4/5 9 USCS: SC MC= 16.4 % 10 Bottom of Hole at 10.0 ft. Do= 116.2 pcf pH= 8.3 S= 0.007 % t 15 i 1 i i - i i C i 3 20 i i 25 u 5 V b V 7 J 7 C O Di I I I 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 Dry Date r 1 013108 Inclination: Vertical Time d Rock Soil Samples a o g y - Field Notes ai w 4) E Blows o Material Description and 'o Cy per N E Lab Tests w 6 in rr � - 0.0.0.5 fL Asphalt. 0.5 -1.5 fl. Base Course. - 6.0 ft. fill silty SAND, red -brown and gray, F1.5 moist, loose. MC= 1 #200= 44 % . LL= 39 PL= 17 414 8 PI= 22 5 AASHTO: A-6 (5) LISCS: 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 pcf 10 Bottom of Hole at 10.0 ft. pH= 8.2 S= 0.028 % 15 I 20 25 'J Fort Collins Intersection Improvements . Appendix B- Laboratory Test Results Project No. 28-244 I1 1�1 0 I Project No: 28 - 244 f Nn YEH & ASSOCIATES, INC Summary of Laboratory Test Results Project Name: Intersection in Fort Collins Date: 11 /11 /2008 Sample Location Natural Moisture Content (%) Natural Dry Density (pc0 Gradation Atterberg pH Water Soluble Sulfate % %Swell (+) / Consoli- dation (-)s Unconf. Comp. Strength R-VALUE CLASSIFICATION Boring NO. Depth (ft) Sample Type Gravel � #4 N Sand (�0) Fines < #200 (%) 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 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 - - - - - 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 Pnna 1 of 1 No Text No Text No Text 0 2 2 Consolidation( -)/Swell(+), % N O .+ O O ~ d � A � ? > y fD K ~ b Z m � v lyJ O J" m rfl CD ty� v by �O�yy -- — O C tv H A O 7 (V (I x CD n O twCA z - y � o CO O -� y z vp �9 U) 91 1 c to o d ora z Consolidation( -)/Swell(+), % N 00 N C C ALN O N A A '+ A � C v p m s 0 ( y d m Z to y c � � V nq `G — o CDa H m c a — 7 � m p v m C N A n{ �Q \J CD A CD O n tb Z cn O 1.< y z ® gy m m. d e e 0 O C O= C= O= 0 MO ITEM #14 MOUNTAIN CONSTRUCTORS, INC. OFFICERS AND PRINCIPALS 622 MAIN STREET PLATTEVILLE, CO 80651 NAME TITLE YEARS OF INDUSTRY EXPERIENCE Sandy Arends Corporate Secretary / Accountant 13 Steve Bisig Foreman 45 Pamela Duncan Vice President / General Manager 25 David Gross Superintendent 13 Joe Kuntz President / Owner/ Safety Officer 45 Bill Tjardes General Superintendent 23 None of the above employees or company officers have ever been convicted of bid related crimes or violations in any jurisdiction. Nor are any of the above employees or company officers under notice of intent to disbar or has ever been debarred in any jurisdiction. u iE o •f 7 y o CD 0 0• IJ v y 0 A Z 7 0CD � x 8. n O td ':5 GO cn O cn r y co O � y z 0 i Consolidation( -)/Swell(+), N O N O O O A O 4.0 0 2.0 �� -4.0 1 0.1 WATER ADDED 1 10 Applied Normal Pressure, ksf 100 Natural Dry Moisture Consolidation(-) SWELL / Boring Number Depth, ft Content, Soil Description p CONSOLIDATION Density, pcf % /Swell(+), % GRAPH P - 4 4 109.7 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 _1 4.0 WATER ADDED 2.0 1 d a 0.0 O O ti °o -2.0 -4.0 -L- 0.1 1 10 Applied Normal Pressure, ksf 100 Boring Number Depth, ft Natural Dry Density, pcf Moisture Content % Consolidation(-) /Swell(+) % Soil Description SWELL / CONSOLIDATION GRAPH P - 5 4 102.7 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 11 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System A Proprietary AASHTOWare Computer Software Product Flexible Structural Design Module 1 I Ft Collins Intersections WB Mulberry to NB Shields Composite 1 I R=5 Flexible Structural Design 1 I 18-kip FSALs Over Initial Performance Period 2,190,000 Initial Serviceability 4.5 Terminal Serviceability 2.5 1 I Reliability Level 90 % Overall Standard Deviation 0.44 Roadbed Soil Resilient Modulus 3,025 psi 1 i Stage Construction I Calculated Design Structural Number 5.12 in 1 I Specified Layer Design Struct Drain 1 I Coef. Coef. Thickness Width Calculated Laver Material Description (Ai) (NE) (Di)(in) Lut SN in 1 AC Class 6 0.11 1 15 12 1.65 1 2 IIMA Total 0.44 1 8 23.00 12 3.52 5.17 1 I 1 i 1, 1 1 1 Pace 1 i 1993 AASHTO Pavement Design DARWin Pavement Design and Analysis System I A Proprietary AASHTOWare Computer Software Product l Flexible Structural Design Module Fort Collins Intersections NB Shields to EB Mulberry Composite R=10 Flexible Structural Design I18-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 IStage 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) fLt SN in 1 ABC Class 6 0.11 1 12 12 1.32 2 HMA 0.44 1 8 12 3.52 Total l 1 20.00 4.84 page 1 II II II I 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 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 Flexible Structural Design 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 Laver Material Description Ai u (Di)(in) fLt 1 ABC Class 6 0.11 1 14 12 2 MIA 0.44 1 8 12 Total - - 22.00 - Calculated SN in 1.54 3.52 . 5.06 I Page 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 Drake to NB Lemay Composite Design R=10 Flexible Structural Design l I 18-kip ESALs Over Initial Performance Period 1,095,000 Initial Serviceability 4.5 Terminal Serviceability 2.5 Reliability Level i 90 % Overall Standard Deviation 0.44 Roadbed Soil Resilient Modulus 3,562 psi 1 Stage Construction 1 Calculated Design Structural Number 4.41 in Specified Layer Design Struct Drain i Coef. Coef. Thickness Width Calculated Laver Material Description (AD (Mi) (Di)(in) fM SN in I ABC Class 6 0.11 1 9 12 0.99 2 HMA 0.44 1 8 12 3.52 Total 17.00 4.51 Page 1 i 1 1993 AASHTO Pavement Design ` DARWin Pavement Design and Analysis System 1 I A Proprietary AASHTOWare ' Computer Software Product Flexible Structural Design Module 1 f Ft Collins Intersections NB Shields to EB Laurel R=10 li Flexible Structural Design 1 I 18-1cip ESALs Over Initial Performance Period 2,190,000 Initial Serviceability 4.5 , Terminal Serviceability 2.5 1 Reliability Level 90 az Overall Standard Deviation 0.44 Roadbed Soil Resilient Modulus 3,562 psi 1 i Stage Construction 1 Calculated Design Structural Number 4.86 in 1 Specified Layer Design Struct Drain i Coef. Coef. Thickness Width Calculated 1 Laver Material Description (Ai) u (Di)(in) M1 SN (in) 1 ABC Class 6 0.11 1 12 24 1.32 2 HMA 0.44 1 8 24 3.52 1 Total - - 20.00 - 4.84 I i' i l 1 l I 1. 1. 1 1 Page 1 Rigid Pavement Design - Based on AASHTO Supplemental Guide Reference: LTPP DATA ANALYSIS -Phase I: Validation of Guidelines for k-Value Selection and Concrete Pavement Performance Prediction General Agency:Ci of Ft. Collins Street Address: City. State: Project Number. LD; 1 Descriptioa: WB Mulberry to NB Shields Location: Shields and Laurel Design Serviceability Initial Serviceability, 1?1: 4.5 Terminal Serviceability, P2: 2.5 PCC Properties 28-day Mean Modulus of Rupture, (S'J': 650 psi Elastic Modulus of Slab, F,:1 3,400,000 psi Poisson's Ratio for Concrete, m: 1 0.15 Base Properties Elastic Modulus of Base, fib: 20,000 psi Design Thickness of Base,1 1 6.0 lin Slab -Base Friction Factor, Reliability and Standard Deviation Reliability Level (R): 90.0 % Overall Standard Deviation, So: 0.34 - Pavement Type, Joint Spacing (L) OO JPCP Joint Spacing. O JRCP 15.0 fr O CRCP JPCP Effective Joint Spacing: 180 in - Edge Support O Conventional 12-ft wide traffic lane * Conventional 12-ft wide traffic lane + lied PCC O 2-ft widened slab w/conventional 12-ft traffic lane Edge Support Factor. 0.94 Sensitivity Analysis Climatic Properties Slab Thickness used for - Mean. Annual Wind Speed, WIND: 9.0 mpb Sensitivity Analysis: 8.10 in Mean Annual Air Temperature, TEMP: 50.0 OF Mean Annual Precipitation, PREC11 15.0 in O Modulus of Rupture O Elastic Modulus (Slab) Subgrade k-Value O Elastic Modulus (Base) O Base Thickness 70 psi/in O k-Value O Joint Spadng Design ESALs 3.3 million O Rellablllty O Standard Deviation Calculated Slab Thickness for Above Inputs: 8.10 in 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 i orLt. Section 00430 Page 1 I UI 11 I Rigid Pavement Design - Based on AASHTO SunnlemPritni Reference: =P DAT14 "ALMS - Phase I.• Validation of Guidelines for k-Value Selection and Concrete Pavement Performance Prediction General Agency: City of Ft Collins Stnxt Address: City: State: Project Number. ID: I Description NB Shields to EB Mulberry Location: Shields and Laurel Design Serviceability Initial Serviceability, P1: 4.5 Terminal Serviceability, P2: 2.5 FCC Properties 28-day Mean Modulus of Rupture, (slj 650 psi Elastic Modulus of Slab, E�: 3,400,000 psi Poisson's Ratio for Concrete, in: 0.15 Base Propertles Mastic Modulus of Base, Fb: 20,000 psi Design Thickness of Base, Hb: 6.0 in Slab -Base Friction Factor, f.1 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 Temperature, TEMP: 50.0 °F Mean Annual Precipitation, PRBCIP: 15.0 in Subarade k-Value Design ESALs 50 psi/in - Pavement Type, Joint Spacing (L) OO JPCP Joint Spacing: O JRCP 15.0 ft O CRCP JPCP Effective Joint Spacing: 180 in I O Conventional 12-ft wide traffic lane Conventional 12-ft wide traffic lane + red PCC O 2-ft widened slab w/conventional 12-ft traffic lane Edge Support Factor. 0.94 Sensitivity Analysis Slab Thickness used for Sensitivity Analysis: 8.24 in O Modulus of Rupture O Elastic Modulus (Slab) O Elastic Modulus (Base) * Base Thickness O k-Value 3.3 million I O Reliability Calculated Slab Thickness for Above Inputs:) 8.24 in O Joint Spacing O Standard Deviation L Rigid Pavement Design - Based on AASHTO Sunnlemental Guide Reference: LTPP DATA ANALYSIS - Phase I: Validation of Guidelines for k-Value Selection and Concrete Pavement Performance Prediction General Agency: City of FL Collins Street Address: City: State: ProjectNumber:1 ID:. 1 Description: jWB Harmony to SB Lema 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'J': 650 psi Elastic Modulus of Slab, E, 1 3,400,000 psi Poisson's Ratio for Concrete, m: 0.15 Base Properties Elastic Modulus of Base, Eb: 20,000 psi Design Thickness of Base, Hb: 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, WAND: 9.0 mph Mean Annual Air Temperature, TEMP: 50.0 OF Mean Annual Precipitation, PREC 15.0 in Suberade k-Value 70 psi/in Design ESALs _ 3.8 million Calculated Slab Thickness for Above Inputs: Pavement Type, Joint Spacing (L) OO 3PCP Joint Spacing: 0 JRCP 15.0 fr 0 CRCP JPCP Effective Joint Spacing: 180 in Edge Support 0 Conventional 12-ft wide bafflc lane Conventional 12-ft wide traffic lane + bed PCC 0 2-ft widened slab w/conventional 12-ft traffic 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) @ Base Thidmess 0 k-Value 0 Joint Spacing 0 Reliability 0 Standard Deviation 8.29 in I II 1� II II 1 1 I 1 I 1 I 1 I 1 I i, 1 Rigid Pavement Design -Based on AASHTO Snnnlementnl CTn;rIP Reference: LTPPDATAANALYSIS - Phase 1.. Validation of Guidelinesfor k-Value Selection and Concrete Pavement Performance Prediction General Agency: City of Ft. Collins Street Address: City: State: Project Number. ID: I Description: lDrakc and Lemay Location: Shields and Laurel Design Serviceability Initial Serviceability, PI: 4.5 Terminal Serviceability, P2: L 2.5 PCC Properties 28-day Mean Modulus of Rupture, (S'.)': 650 psi Elastic Modulus of Slab, E,: 3,400,505 psi Poisson's Ratio for Concrete, m: 0.15 Base Properties Elastic Modulus of Base, Eb: 1 20,000 jpsi Design Thickness of Base, Hb: 1 6.0 lin 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 Temperature, TEMP: 50.0 OF Mean Annual Precipitation, PRECIP: 15.0 in Subgrade k-Value Design ESAIa 70 psifm Pavement Type, Joint Spacing (L) O� JPCP Joint Spacing: O JRCP I5.0 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(nnventional 12-ft traffic lane Edge Support Factor. 0.94 Seisltivity Analysts Slab Thickness used for _ Sensitivity Analysis: 7.29 in O Modulus of Rupture O Elastic Modulus (Slab) O Elastic Modulus (Base) @ Base Thickness O k-Value 1.6 million 10 Reliabllity Calculated Slab Thickness for Above Inputs:1 7.29 in O Joint Spacing O Standard Deviation Rigid Pavement Design - Based on AASHTO Supplemental Guide Reference: LTPP DATA ANALYSIS - Pliase P Validation of Guidelines for k-Value Selection and Concrete Pavement Performance Prediction General Agency: City of Ft Collins Street Address: City: State: Project Number. ID: I Description: NB Shields to EB Laurel Location: Shields and Lavrel Design Pavement Type, Joint Spacing (L) Serviceability (9) JPCP Initial Serviceability, PI: 4.5 Joint Spacing: Terminal Serviceability, P2: 2.5 O JRCP 15.0 ft PCC Properties O CRCP 28-day Mean Modulus of Rupture, (S',)': 650 psi JPCP Elastic Modulus of Slab, E,: 3,400,000 psi Poisson's Ratio for Concrete, m: 0.15 Effective Joint Spacing: 180 in Base Properties Edge Support Elastic Modulus of Base, Eb: 10,000 psi 0 Conventional 12-ft wide traffic lane Design Thickness of Base, Hy: in tor, f: 0 Conventional 12-ft wide traffic lane +tied PCC Slab -Base Friction Fac0.8 Reliability and Standard Deviation 0 2-ft widened slab w/conventional 12-ft traffic lane Reliability Level (R): 90.0 % Edge Support Factor: 0.94 Overall Standard Deviation,: 0.34 Sensitivity Analysis Climatic Properties Slab Thickness used for Mean Annual Wind Speed, WIND: 9.0 mph Sensitivity Analysis: 8.60 in _ Mean Annual Air Temperature, TEMP: 50.0 OF Mean Annual Precipitation, PRECIP: 15.0 in 0 Modulus of Rupture 0 Elastic Modulus (Slab) Suberade k-Value 0 Elastic Modulus (Base) Base Thickness 70 psi/in Ok-Value OJolnt Spadng Desi¢n ESALs 3.3 million 0 Reliability 0 Standard Deviation Calculated Slab Thickness for Above Inputs: 8.60 in + 0.25 inch = 8.85 inch => USE 9.0 inches I 11 I I II II I I I I DOWELED PAVEMENT Dowel Diameter: 1.25 in Kd: 1,500,000 psi/in E,: 29,OOQ000 psi Base/Slab Frictional Restraint O Stabilized Base Aggregate Base or LCB w/ bond breaker ALPHA: 0.0000 66 /°F NONDOWELED PAVEMENT YE: 130.0 OF Days90: 30 days e: 0.00015 strain D: 8.10 in D: 8.10 lin P: 9,000 lbf T: 0.45 Base Type O Stabilized Base Unstabilized Base FI: 544 OF -days CESAL: 3.29 million Age: 20.0 years Cd: 1.00 Faulting (doweled) 0.05 in Faulting Check - PASS Base Type 0 Stabilized Base Unstabilized Base FI: 600 OF -days CESAL: 3.29 million Age: 20.0 years Cd: 1.00 Faultina (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 1 0.13 in ou I 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: 8.10 in -4.6 OF (enter positive value from below) Wet Climate: 0 to 2 OF/in (Annual Precipitation>= 30 in or Thornthwaite Moisture Index > 0) Dry Climate: 1 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. ate 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) I I (Step 3: Compare the above tensile stress with the maximum tensile stress at the bottom of the slab for 1 which the slab is designed. For the given inputs and the above thickness, this value is l 286 psi 1 I he slab is designed for a tensile stress of 286 psi. If the tensile stress at the top of the slab (obtained from the charts below and entered above) is 1 I less than the design stress, the design is acceptable. If the check fails, new inputs have to be provided. Corner Break Check: PASS 11 11 11 11 11 11 1 i 1, i 1 4 1 wo Joint Load Position 450 ---� 18,000 W, Single axle --• k 100 pci 4O0 Eb = 25.000 psi ?bb=6in 350 ------ - - _ 250 , ...1.... ....:.... ........ :.:...' 1 150 93- . . 100. _ _..._..:...1.. . 50 0 2 4 8 8 10 12 14 18 1920 22 24 28 88 30 Negative Tanpeiame Differential (°1) I ibf - 4.45 N. I pci - 0.271 kPm/mm, I psl - &S9 kPa, I is � 25.4 mm. "C = (V - 32)/t.8 Figure 54. Tensile atreas at tap of sIab for joint loading position, ar.&4ve temperanua diMrential, and full friction, for aggregate base end soft subSmde. SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed I SECTION 00510 NOTICE OF AWARD Date: October 4, 2011 TO: Mountain Constructors Inc 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 September 26, 2011 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 Four Hundred Fifty -Seven Thousand Two Hundred Seventy - Three Dollars and Seventy Cents ($457,273.70). 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 October 19, 2011. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement ' including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as ' specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins By. OWNER y � �� 1 ( James B. O'Neill, II, CPPO, FNIG Director of Purchasing & Risk Management I SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 4th day of October in the year of 2011 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Mountain Constructors Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of 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 I I ' 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: Four Hundred Fifty -Seven Thousand ' Two Hundred Seventy -Three Dollars and Seventy Cents ($457.273.70), 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. ' Page 2 Section 00520 I 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground ' Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the ' Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, ' examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 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 IPage 3 Section 00520 General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety ' 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment ' 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: 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 N/A to N/A, 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. ' Page 4 Section 00520 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: https://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. I r ' ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General ' Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract ' Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. ' 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 1 1 ' Section 00520 Page 5 <J ' OWNEE CITY OF FORT COLLINS CONTRACTOR: Mountain Constructors Inc. / �," By: � � oBy: JAMES . O'NEILL II, CPPO, FNIGP r— ' I IRECTOR OF PURCHASING AND RISK MANAGEMENT `,� Title: V t ' Date: n Date: 10 1 l 10o I l (CORPORATE SEAL) T T rsry ' nAttest: r 'I•�i . Attest: Address for gi g potices: Address for giving notices: P. 0. Box 580 C •..,...• '.- P. O.©j[ din �LOR Fort Collins, CO 80522 PlQ 2Vi (e r n LICENSE NO.: ' Approved as orm Assis ttlity Attorney 1 ' Page 6 Section 00520 ' SECTION 00530 NOTICE TO PROCEED Description of Work: 7277 Intersection Improvements at Harmony & Lemay and Drake & Lemay To: Mountain Constructors Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within �(_) calendar days from receipt of this notice as required by the Agreement. Dated this _day of , 20. ' The dates for Substantial Completion and Final Acceptance shall be 20_ and 20 , respectively. ' City of Fort Collins OWNER By: ' Title: ' ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20_ CONTRACTOR: Mountain Constructors Inc. ' 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. GRC017916 ' KNOW ALL MEN BY THESE PRESENTS: that Mountain Constructors, Inc. 622 Main Street, Platteville, CO 80651 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and ' (Firm) Granite Re, Inc. (Address) 14001 Quailbrook Drive, Oklahoma City OK 73134 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins 300 ' Laporte Ave For, Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Four Hundred Fifty -Seven Thousand Two Hundred Seventy - Three Dollars and Seventy Cents ($457 273.70) 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 4th day of October, 2011, 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 he void; otherwise to remain in full force and effect. 1 1 . Rev Iorzoto7 Section 00610 Page 1 � 11 Bond Number: GRC017916 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 6thday of October _,) 2011. ' IN PRESENCE OF: Principal untam Qons fuctors, Inc. By: ri By (Titl ) (Title) 622 Main Street, Platteville, CO 80651 ' (Corporate Seal) (Address) IN PRESENCE OF: Other Partners ' Not Applicable By. Not Applicable By: ' IN PRESENCE OF: indsey Knickerbocker, Surety Witness (Surety Seal) Surety ranite Re, Inc. By: Attorn -i Tiffany M conigle R* 1 001 ai o Drive Oklahoma City. OK 73'134; dre s NOTE: Date of Bond must not be prior to date of Agreement. ' If CONTRACTOR is Partnership, all partners should execute Bond. Rev 10l20T07 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. GRC017916 KNOW ALL MEN BY THESE PRESENTS: that Mountain Constructors, Inc. 622 Main Street, Platteville, CO 80651 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) Granite Re, Inc. (Address) 14001 Quailbrook Drive, Oklahoma City, OK 73134 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 Four Hundred Fifty -Seven Thousand Two Hundred Seventy -Three Dollars and Seventy Cents ($457 273 70) 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 4th day of October, 2011, 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. Reyionoror Section 00615 Page 1 I ' Bond Number: GRCO17916 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 �h day of October20--t1. IN PRESENCE OF: Princip f, untain k ructors, Inc. By: By. / ' (Title) t (Title) 622 Main Street, Platteville, CO 80651 (Address) (Corporate Seal) IN PRESENCE OF: Other Partners ' Nit,Applicabie NQt Applicable ' IN P SENCE OF: Surety ranite Re, Inc. r By: � Atto y Tiffany Gonigle Li sey Knick cker, Surety Witness � 1 u lb o k Drive, Ok homa City, OK73134 (Addy (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 1 L ' Rev 1 Q/20107 Section 00615 Page 2 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office ' at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: ANNE E. HILL; J. R. RICHARDS; SUSAN J. LATTARULO; FRANK C. PENN; DILYNN GUERN; KEVIN W. MCMAHON; DONALD E. APPLEBY; 'FLORIETTA ACOSTA; TIFFANY MCGONIGLE; MARK SWEIGART; SARAH BROWN its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: ANNE E. HILL; J. R. RICHARDS; SUSAN J. LATTARULO; FRANK C. PENN; DILYNN GUERN; KEVIN W. MCMAHON; DONALD E. APPLEBY; FLORIETTA ACOSTA; TIFFANY MCGONIGLE; MARK SWEIGART; SARAH BROWN may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 131" day of August, 2010. NRE qF .��+�'�c Kenneth D. Whittin on, President STATE OF OKLAHOMA ) SEA L COUNTY OF OKLAHOMA ) Rodman A. Frates, Secretary/Treasurer On this 13" day of August, 2010, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Rodman A. Frates were respectively the President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. N A LI hOTAq R(m My Commission Expires: _ May 9, 2012 Commission #: 00005708 K " NotaryVIEW; GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES 'that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring sueh'authority or on any bond ' or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking. IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this ' 6th day of October 20 11 � \TE Rodman A. Frates, Secretary/Treasurer GRO800-1 I ' SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 1 1 1 Rev 10/20/07 Section 00630 Page 1 1 1 The successful Bidder will be required to furnish a Performance Bond and a Payment Bond ' guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. ' No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and ' irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the ' form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, ' gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins ' BY James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director I r.HanMe- s7122 RMOIINCON2 1 1 t 1 1 ACORD,. CERTIFICATE OF LIABILITY INSURANCE O10106r2o110) 1 o/os THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis of Colorado, Inc. 720 South Colorado Boulevard Suite 60ON Denver, CO 80246 CONTACT NAME: ONE., FAX ac, Ng, Est : 303 722-7776 303-722-8862 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL# Travelers Indemnih� Com an INSURER A: t Company 25658 INSURED INSURER B: Travelers Property Casualty Corn 36161 Mountain Constructors, Inc. 622 Main Street INSURER C Pinnacol Assurance 41190 PO Box 405 INSURER D Platteville, CO 80651 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSft _ WVO POLICY NUMBER POLICY EFF (MMIDOIYYYY) POLICY EXP (MMIDOIYYYY) LIMITS A GENERAL LIABILITY DTC0391OR004IND11 7/28/2011 0712812012 EACH OCCURRENCE $1,000000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXIOCCUR DAMAGE TO RENTEDPREMISES Ea occurrence s300,000 NED EXP(Any one ersen) s5000 PERSONAL B ADV INJURY $1,000,000 X Ltd Pollution X AI# CIS D2 46 08 05 GENERAL AGGREGATE $2,000,000 X GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X JEC': LOC $ B AUTOMOBILE LIABILITY 8103918RO04TILl1 7/28/2011 07/28/2012 COMBINED SINGLE LIMIT Ea accident b 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per a¢itlern) $ X HIREDAUTOS X NON-0WNED AUTOS PROPERTYOAMAGE Poracdtlem $ 8 X ttl Pollution B X UMBRELLA LIAR X OCCUR DTSMCUP3918RO04TIL 7/28/2011 07/281201 EACH OCCURRENCE $1 000000 AGGREGATE $1008000 EXCESS LIAR CLAIMS -MADE DED I X RETENTION $1 D 000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEMEXECUTIVE Y r N OFRCERIMEMBER EXCLUDED? N NIA 3027994 7101/2011 07101/201 WC STATU- OTH- X E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE- EA EMPLOYEE $1 DDD DD0 (Mandatory in NH) If yes, descripe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $1, 000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project Description: 7277 Intersection Improvements at Harmony & Lemay and Drake & Lemay The following are Additional Insureds as respects General Liability only if required by written contract and coverage applies only as respects (See Attached Descriptions) City of Fort Collins SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 300 Laporte Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Fort Collins, CO 80522 AUTHORIZED REPRESENTATIVE 9)1988-2010 ACORD CORPORATION. All rights reserved ACORD 25 (201W05) 1 0f 2 The ACORD name and logo are registered marks of ACORD #S865848IM844073 BLMAR 1 1 1 1 1 1 1 work performed by the Insured for the Additional Insureds. All coverage terms, conditions and exclusions of the policy apply. Additional Insureds: State of Colorado The Additional Insured endorsement which is referenced above under "Type of Insurance -General Liability" is attached. )AOI I I A ZJ.J(LUIUIW) Z OtZ #S865848IM844073 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE,R:EAD IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL. LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended ' to include any person or organization that you agree: in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and .b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance - of "your work" to which the "written contract requiring insurance" applies.. The person .or organization does not qualify as an additional insured with respect to the independent ads or omissions of such person or organization: Z. The insurance provided to the additional insured by this endorsement is limited as follows:. a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations . exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by 'that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to .prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and it. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you fo provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period. of time for which the "written contract requiring .insur- ance" requires you to provide such coverage or theendof the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsemeni is excess .over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage .provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: J CG D2 46 08 05 O 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 I ' COMMERCIAL GENERAL LIABILITY 1 I 1 1 i. How, when and where the "occurrence" or offense took place; It. The names and.addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit" and the date received, and c) d) ii. Notifv us as soon as practicable The additional insured must see to it that we receive written notice of the daim or "suf;" as soon. as practicable. The additionai insured must ;mn'iediately send Its copies of all legal papers Facei've0 In cminectlon 'N9tlT the dajm or "suit", cooperate with us in the .investigation or settlement of the claim. or defense against the "suit', and otherwise comply wit, all' policy conditicns. The additional insured must tender the de- - fense and indemnity of any :iaim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other wsur- once" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agrecment under which you are required to rndude a per.;on or organization as an addiiienei in- sured on this Coverage ?art, provided lha the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; h. vvhi!e that part of the contract cr agreement is In effect; and c. Before the end of the policy period. 300.`. -he St. =au! ave!as Companies. Inc. CG DZ 46 08 05 11 ' SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE: 7277 Intersection Improvements at Harmony & Lemav and Drake & Lemav PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins. Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Mountain Constructors Inc. ' CONTRACT DATE: October 4. 2011 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. ' A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ' ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: ' CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and ' will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: 1 ' Rev 10/20/07 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20_ TO: Mountain Constructors Inc Gentlemen: You are hereby notified that on the _ day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Mountain Constructors Inc. 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: u Rev10/20/07 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Mountain Constructors Inc. (CONTRACTOR) PROJECT: 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. IRev 10/20/07 Section 00650 Page 1 I Signed this ATTEST: Secretary day of 20_. CONTRACTOR By: Title: STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20_, by Witness my hand and official seal. My Commission Expires: Notary Public day of Rev o/20/07 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins. Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Mountain Constructors Inc. PROJECT: 7277 Intersection Improvements at Harmony & Lemav and Drake & Lemay CONTRACT DATE: October 4. 2011 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attomey(s)-in-Fact. Rev10/20/07 Section 00660 Page 1 SECTION 00670 Section 00670 Page 1 1 SECTION 00100 INSTRUCTIONS TO BIDDERS r r 1 r r r DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) A 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 89 - 0170-750 (999) $0.00 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 lorado withholding tax account number: Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: 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 I 1 1 SECTION 00700 GENERAL CONDITIONS 1 1 1 1] 1 P 1 1 1 1 1 i 1 1 1 1 GENEkAJL CO-N'DMON-S OF THE cqNsTftVc'n4jN.CONTRACT ThesE GENERALI CONDITIONS have beeiv develcpeq lryJ using the s'rANDARD,GENECONDITIONS OF.TIMCONSTRUCTION CONTRACT bicpred,by the 6ngiWe6d Joiirwf.Cmtract'Documents. Carfiniitt&.F.JCDCN6.,191".(199UFcfiti6ii);asabile. Chang�t to that document are shownJ6y undcrlinin&tLxt that has,bmn added and striking tluuu6h text That deleted. E.JCDC GL. Nr--kAi. CONDITIONS 19 10-8 (I,990- F'DfTIQN) WITHCITY,OF FOR17 COLLINS-MODMCATIONS (P-.v 9/99) Articleor Paragraph Number,& Title TABLE OF'CONTENTS OF GENERA, CONDITIONS Page' Article or. Paragraph Number: NumWr. TAIc OEFJNITIONS _„: ,_:: ...... _.:,...- •..........:... .......:: .l, 1.1 Addenda; I' 12 Agrecmcnl.:......:..... . ...:...........f 1.3 Application for Payment ....... •.............. 1 1,4 Asbestos .............................................. I 1.5 Btd ........ ............... ........................... I L6 BiddirigDocuments.._ ..:( 1:7 Bidding Requirements ... ..,.I Bands:...............................................1' L9 Change Older- ......... ._.................. 1. 1:10 Contract Documents-:..:.. ,. I.iI Contrail'Price:.... ..:.......... _..::.,::.,:.,:::,;1 02 Contract Ttmes_ ,,........ 1:13CONTRAC70R;,,,,,,,,,,,,,,,,:,,,,,,,,,,,,,,,;L 1.14 defective, l 1.13 Drawings --. - 1:16 .Effective Date of the Agrccmen f._.... .,1' 1.17 E&GD14ER ............ .... t 1.18 ENGINEER's Consultant ...................... 1.19 Field Order ,, 1.24 General,Regturem,ents ,::.......:: 1 21 Hazardous:Waste ..2 1.22.a :..................... .............. Laws and Regulations; aws'or Regulations:......__ 2. I:22.b LegalIfolidays :..........:.....•:.... 'L23 .:,,.. Liens' ........................ ... .................:....:< j. 1.24 ;Milestone .:..................... 126 Notice to Proceed,,,,,,,,,,,,,,,,,,,,,,,,,,,,,•,_2. 1XOWNER ....:............::......:............:.....:r l 8 Partial Utrlization ...............................2; 1:30 Petroleum 2 1:31 Project .................................. 1:32.a .........2: Radioactive:Material-...... -,-..• 132.b B'd R ' ar Workin'.Hours._,;-,_, eB T - 1:33 Resident,Projcet Representative„ _,'3' 1.34 samples.._ ......... 1.35 4.............. .....4........2 Shop Dravhiigs...._....._4..--.. 1;36 . Specificatiois:.................... :1 1:37, Subcontractor...,........ I 1:38 Substantial Comp.leiicq.......:............ 2 1.39 Supplementary Conditions,,,,,,,,,, .... , 1.40 Supplier: .:......:.:. . 1.41 . Underground Facilities 1.42 Unit, Price work.:..:.: ...., 3, 1.43 Work' ..................... 1.44 WorkCfiangi:Directive;.;,;,,,.,;•, ,_,_,3 1.45 Written.imenilmenl, Page Num. ber PRILIMINARYMATTERS ------ I ...... -..._. ,3 2:1 Delivery of Bonds 3 2.2 Copies of Documents........., „..„.;3.. 2:3 CommencomentofContract Times' Notice to.Proceed�.............. 3" 2.4 Starting the Work 3 2.5-2.T .1366re Starting Constroctium CONTRACTOR s Responsibility to Report; Preliminary Schables: Delivery of. Certificates of Insurance...._. ......_.. . _.....3-4 2.8 Preconstruction Conference;,.;:_.;;,-_4 23 Initially Acceptable:Schedules- ......... 4 3: CONTRACT DOCUMENTS: INTENT, AMENDING. REUSE_, .. .............. I ........ ............4 3„142 :Jntent ,.,.,_,-, 4 3.3' Rcfeiencatd Standards and Spec[' rcattons of Tech Societies: Reportmgand Resolving Dva. 13-q, Intent of Certain Terms or. Adjectives.: .................................. 15 Amending Contract Documents.-•,,,„5• 3.6 Supplementing.Coritrac[ Documents, ................................... : 5 1,7 ReuseofDocumerits........................:j AVAJLABnJTYOF. LANDS;. SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,•,,,•5 4.1 Availability of Lands $ b' 42 Subsurface.and Physical' Conditions ..... ....................... ... 6 42.1. Reports -and ..:...::...:........: ¢• 42.2 Liritited Rol iance by CONTRAC- TOR Authorized: Technical Data' .:.........................................: 6: 4.2.31 Noticcof Differing Subsurface or. ............... 4:2A F.NGiNF.ER's Rcvicw.................. ..6 4.?''5 Possible Contract Documents....`. Change:..::... .................... ...:.......... 6 1 4.16 Possible Price and Tunes Adjustments_....::.......:..::::.:::...G 7 43 Physical',Conditionsr(Jnderground Facil hies ....................................... 7 4:3: b Shown or Indicated.,,.,. ,. 4.3.2, Not Shown or indicated;.-., 7 4A Reference'points u)cnC c;crtrRAL CotmlTlortsl§to-s,(i Oo EDtnotq wl CITY OF FORT COI.I.tfiS MODIFICAT10k; (REV 91") Article or Paragraph page. Articic�or Fiviragraph F�gt -Number & title Nuin ber INLimber Number- 43 .Asbestos, RCBs, PiitroleUml lfazardous Waste or Rddjoactive Material .......... _Y-8 3: BONDS.AM) INSURANCE ................................. 8. Performance: Payment andbthez ,bonds ............. .............. 8' 533 Licensed Sureties and lniiurefs: r;.ertificates of Insurance.:..:::::::..,;:,,._8 514 CONTRAGFORs Liability. lnsurahcc..........................................9 i.5 O*VERs Gability Ins, iranco;,, ............ 9 -16 Pr,operty, Insurance,,,-, .................. 940 3.7 Boiler and Machinery or Addi- donal Property Insuranciq .................10 5.8 N�ticc of CaFncellation firovis,ion 10 t9 CONTRACTORs Re, ponsibility for Deduciible Amounts .................... :1(1'• 5.1u, Other Special lnsurance....................101 5.11 Waiver of Rights,,, ,,,, ...... 11 5.12-53T Receipt and Applicatibn of Insurance Proceeds ...................... 10-11 5.14 AccOtifice Of Bbn6.and Insa. ance: Option 5.15 Partial Utilization -Property - lnsurance. ...... . ............................... 11 CONTRACTOR'S RFSPONSMILiTiEs. ...............1.1 61-42" Supervision and Superintendence;...... I I 6.3-6.5 Labor, Materials and EqWftm6t I I'l 2 6:6 Progress Schedule ............ 1. 1: .............. 12 6,7 :Substitutes and "Oi=-Equal' It;mYI CONTRACTOR r_-*nse; Substitute Construction Methods or Procedures: FiNdiNEER's Evaluation: ...... 6:8-6. 11 CZincerning Subcontractors, Suppliers and (XhersS. Waiver.of Rights ..... .................... 13=14 6,12 Patent Fees and Royalties,,;;,,,,,,,,,,,,,,, 14 6:13 Permits...-' ................... :_.: I:. _; i 4, 6.14 Laws and Rcguliti6ris, ....................... )4' 6.15 Ta.=s .................................... 14-15 6.16 ukofprcmiscs, - ..................... 15 6:17 Site Cleanliness ................. om safe Structural Lo6ding ..................... J5 6.19 Record Documents: ... ........... J5 6.20 1 . , - Safety and ProtectIoni....... _ . ,-11.1:15'16 ii.21 Safety Rcprdent#itive .......... ; .... :_J6, 61-1 Hazard Communication programs ...... 16 6.23 Emergencies .....................................16 6.24 Shop Drawings and Sam pie* ..............16 6.25 Submittril f3rbc*WureI5I, CON- i-RACTOR!s Review. Prior to3ficip Drawing or Sample 6.26, Shop Drawing. Sample Siibmit- ,tals Rcyiew by ENGMFY,� ..... 16-17 62T 'Rrsponsibility for V"tions Fiont Gonarfict Documents .... I__Y7 6.28 Related Work Perfdritied Prior do WGINEER's Reviciv'and Approval a ' f Reii4ircd Submittals ..... ; ;17 6,219, Continidng the Work .:.... ...... _j 7 6.30, CONTRACTOR'S General Warranty and Guardntft .......... 17 6.31-6.33. Indemnification„__...... .___1748 6,34 Survival of Obligations,, .......... :; .... JS 1_ .0T_lHZRWORK.:....._....................... .... .. ......... Related Wick at Site 7-4 Coordinatiori OWNER'S RESPONSIBILITIES .................. ; .... JS 8.1 Commuru'.'qaticns to CON- TRACTOR .............. ................... 18 1.2 Rcplacemcnt�of ENGINEER . ........ 18 8.3 Furnish D , ata aniPayPromptly When) Ihie ....................... 18 9.4 tandsand Easements:Rcriorts and -rests. ............................. j&l.9 9.5 Insurance .......... I ............................. ig '8.6 Change 83 'Insokiions Tests and Approvals ..... ................ 19 8.9 Stop or•S.LwpendWqrk; Terminate CONTRACTOR's Services.19 Responsibilities .......................... 19 9.10! A%besias, PCBs, Pctrblo.um, Haiardous WristF or F&dioa6uV i matcriii: ................ _39 8; 11 ' Evidence of Financ'kl: * Arrangements ............. ....... :19 9. ENGINEER'S STATUS DURING CONSTRUCTION ., ............................ : ........ __J9 9.1 6WN 9 R#s'Riprew-fitiitivi, 9.2 Visits to Sitc'....... 19 0.3 Project Ripiesentiifive ............... 39-71 9.4 Clarifications and Inter, pre; tat iomi .............................. 9.5 -A4th6rized-Varla I ti . a . n - s in V& r k, 21 EJCDC bENERAL COMMONS 1910-9 OM EN ngM wtdTY. ORFORT MILLIN'S MODIRCXTIONS (REV 91991. I Article or Paragraph Page" Arriele or,Parag_raph ,Page Number & Title Number Number &Title Number 9;6 RejeetingDzfectn-e Work .-:,„, _..,: r4 13.8-13.9 Uncovering WorW-at ENGI- 9.749, Shop Drawings, Change.Orders NEER's, Request ,,,,,,,,,,,,,,, 27-28 and Payments ........ ..............2] 13.10• Ma OWNERy Stop the Work 2& ..... 9:10 Dcterminatims for UmfPrtce;_ 21 72 13:11 Correction o A6ffioval of '9.11-9.17 Decisions on Disputes, ENGI- Defecfiiv Work ...................;,28 NEER as Initial Interpreter„•..... ,,,,,12 13.12 Correction Period,,,....: ...... .......18 9.13 Limitations on ENGINEER's 1113 Aceepianve ofDofeerive Work,;29' Authority andRespansibililie�;,:,22--23 )3.14 OWNERMayCorreaDefective. Work :::..:: ,.:.-—;-28-29 CHANGES IN THE WOR1l......................................23 lu.l 01VNER's Ordered Change..........:... _3 14. PAYNI NfS.TO.CONCRACTOR,AND_ 10.3 Claim for Adjustment ,-..;........ COMPLETION, 79' 10A Work Not RequiredbyCortract 1411 SchedoleoEValpes, Documents;.,,,,_ . , 23 14.1 Application for Progress 10,4 Change Orders.,•„.,_, ,...,,;___ , . .. ^3• _ Payment ....:..:.:... _...29 10.5 Notification of Surety.,. ............... -.----- _23• 14.3 ................. CONfRAarows WiuTantgof Title ...........:...........::.. 29 CHANGE OF WNTRACT PRICE.•,,,,,,,,,,,,,, 144-'14.7 Review of Applications for 11.IA 1.3 Contract Price; Claim for Progress PnymenIA.... ;.,_;,; ,n9-3Q Adjustment Value of 14.8-14.9 Substantial Completion.,.,,,,,,• i0 the Wort 14:10 Partial Utilizatioq 30 31 1,1.4 CostoftheWork t4?5 14:11 Finallnspectiaq 31 11 5 Exclusions to Cost of the Wtii ;.. ,;,,,, 25 14.12" Firial Applicatiomfor Paymcn4 31 11.E CONTRAC'CUR's Fee _ 5 14:1344.14 Final'Paymenf and Acceptance:. 11.7. CostRccords ......-.. ,.,,25-26 14:15 Wai'' tClaims! I'l;8 Ca4ti Allowances:-...:..., r6 1J 9 Unit Price Wurk....................... ......... -6 -- 15: SUSPENSION OF WORK AND T F.RI INATION........................ 32, CHANGE OF CONTRACT TIMES ............................26; 15:1 OWNER'MaySuspend Work .......... 32 12:1. Claim forAdjustmeni,.......:•......•_.,,_36• 15.2-15:4 nWNER May Terminate,: _............. 32 112 Tune of.the Essence, .........�6 15.5 CONTRACTOR May Stop 12:3 Delays Beyond CONTRACT OR's Work or Terminate ,•. , 32-33; Control ..::..:......:.........:::::"_ .,.:.26-27, 114 Delays Beyond OWNER's and 16. DISPUTE RF.SOLUCICW.,,,,,,..,•:..................... 33' CONTRACTOR's Control ............. ..)7, 17. MISCELLANEOUS" i3 TESTS ANU:INSPECTIONS; CORRECTION. 17:1 GiJingNotice-., 33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of -Times .. „, 33 DEFEC77VE WORE.............:................:.................:7 173 ....." Notice of Claim ............................. 33. 13;1 Notice hf Def1.cts :,.:, .... ;,_27 17.4 Cumulative.Remedies .....:............33 112 Access to the Work.: 27 1 i,5 Professional Fees and Court 133 Tcsts:and Inspections:. Costs Included.:,,;.,_...........:........33 CONTRACTORs'Cooperation;......... 27 17.6 Applicable. State Laws;,,,,,,,,,,,,,, 33-34' 13.4. OWNER's Responsibilities; Intentionally;lefaWunk;-,,;,:,.-:.,.-, ....:......:.....:...35, Inde endentTestin La_horal 135 CONTRACTOR'S EXHIBIT GC -A: (Optional) Responsibilities;. rl Dispure Resolution Agreement,,,,,,,,,,,,,, , ;GC Al '13.6.13.7' Covering Wark Prior tainspee 16,1-16.6 Arbitration ,.,. GC A'1 lion Testing oc Approval 27 16:7 Mediation ,,,,.. :,,-, _ „GC -Al I!COC t'.'C•NERnt. COtllitrIONS 191 Bit990 ED.InoI wi CITY OF FORTCQLUWS M0DTFICA110ii,S (REV 9M) INDEX MGENERAL CQNTDITIONS 6ty,of-Fort.C611ins mridificatiorui tothe Geniral,,Conditi6ns of the Conifruction Contra&,aie;iot shown in this index Article or Paragraph Number Acceptance 617- Bonds and lxisumncq: ............... ......... ... 5.14 defiecrive Work.... ......................... IOAA. 13.5, 13.13 final payment ..... 9.J,2 14.15 insurance ............................. ...................... $:14� pqther. Work, by CONTRACTOR . ................. .......... 7.? Substitutes and "Or- Equal" Item ......... Ttfi:7,1 Work Iiy OWNER� ........ ....... :."15, 6.30, . 6:34 Access to the - Lands. OWNER andCONTRACTOR: .site: related Work . ............................. ........... 113:2: 13-14. 14.9 Acts or Omissions'-, Acts and Omissions- CONTRACTOR...-....-... ...... ........... -6.9:1, 9.1-3:3 ENGINEER .................................... __.A' 20,9.13.3 OWNER.................................................... 0.20.8.9 Addenda-definitidn of (alsosee d6nition of-*cifications), ..... kIA'I_ IQ. &19). 1:1. Additional Oropeity. Insuranceq,, ......... 5.7 Adjustments" Contract Pricii or Convict Times,,,................. _j:5; 15.. 4.1, 4.3.' 4.5,7 5:3, 9 4, 9-5, 10.2-10.4, ......................... 111, 1,) 14;.8. 15.1 .progress schedule ........................ ...... ; ................ 6.6 4reement- ...................................................... 1;2 "All -Risk' Insurance, policy f6rrq ........................... 542 Allbwances. Cash ....................................................11.8 'kniending.Con"Ll'act ......... 3.5 Amendment. Written-. irrgcncral- .....,_,.- J, 10. 1145. 3.5, 5:10, 5,12, 6.6.2 . I 6.19, 10 A .......... ............... 8.1 10.4, 11.2 111, 13,12.2, 14.7.2 Appeal, PWNM or CONTRACTOR. intent ...................... �:10, 9.11, 10.4, 1&S .5 6.1 I . I 1 1. Application for Payment-- ,d5finition o(..-..: .... : ...... ; ... .............. I ............. 1.3 17, , 'I� 'INE6R' Responsibility .................... ......... 9'9 final payment .......... . . .... 9.I3'_4j9._W5j'I4,I27I4'I5, ingWiff2l ......................... :2.Sj 2.9. 5.6.4,2.10, 15:51 progress :J4.1-14.7 review of: 14,4- � 14.7 Arbitration ...... _ ........ ; ................... .......... 145. 1. 16:6 Alsbwos- claims pursuant 4.5.3 CONT]kA&OR_au'thorizcd'to stop Work ........... 4A21 definition of........................................................I A Artick or Paragraph &umber. OWNER responsibility for,,,,,,,,,,,,,,,_._.,.,,._,,, 4.5.1, 8.10. possible price:and times ................ 45.2 .change:,,,:,: Authorized Variations in Work .......... 3.6. 6,25, 6.27,9.5 Availability of Lands. ................. 1: ........ ...... ..... 4.1.8.4 Award, N19iice.of-defined-711 _77, 1.25 Beforc'Starting ConstrUcLioq, ................... : ......... Z,5-2:8 Bid-dc6itibn of„......................1.5 .' (1.1 , 1.10. 2-3. 3.3, ____.A.2.6.4,6.I3,II.4.3: USIA) Bidding Docurncfits--dcfinition of ...... ........ .;:zar.';'),G (6.8:2) Bidding Requirements-definitiori Of ..................................1.7 (I -A. 4,1U) Bonds - acceptancepC .... ................................... t ......... additional bonds .................................. 10;5.. 11.4.5.0 Cost of the Work ............................................11.5.4 definition,6f..,,,, .... ........... :_..; ......... deliveryof ... 5; 1 final Application for Payment..,...-_,._..,_ 14,12-1'4:1a gmeml ....................................... I : 10, 5j -5.3, 5,131 9.13JO.5. 14.7.6 Perftimance: Payment arid ...... 5.1.12 Bonds and Insurance -in general ................................ :5 Builder's risk'"all-risk! policy forat....,_ ...... : ... ..... 5.6.2 Cancellation Provisions, Insurance., SA.11,3:8, 3.15 Cash' Allo*wan.ce.� ................. ........... ..................... JLS CcrtiUatcof Substantial Completiori ........ 1,38, 630.2.3; ................................... 14:8, 14:10 Certificates of Inspection ......, 3.4. 13.5, 14.12 Certificates of Insufanoq__..1. 2,7.'5;3. 5.4,11. 5.4,13 ................ ...... 5:6.5.; 5.8, 5.14, 9113.4, 14.12 Change in Contrain Price - Cash Allowances.., 1.8 claim for price adjustment--,,,,...... 4:1, 4:2.6, 4.5. 5. 15j.6.132-PA. 9.5, 9.11. W.2, 110.5; 11.2, 11% ........................ 13.11,1334,14.7, 15.1. 15.5 CONZTRA('.TOR's lee ......... ...... .............. _ ........ 11:6 Cost of the Woik gene&I ... ............................... 1.14-1-1.7 Exclusions to,_,_: .... ........ I ' 5 Cost Records- .... ... ............. ingeneral_; ..J. 19, 1.44.9.i I,, 10A.Z'WAO', •. 11 Lump Sum A'iciig ............. ........................... 11.31 Notific3tion'Usuret ......... ............. ... 10.5 scope of,."'!_::�, ............ :30:2_10:4 Testing and,lnspccticm; Uncovering the Work ............................. ... 13.9 EKDCG� ENECWDMONS 1910-9 09GE11)[119M wt LiTy, 6F. FORT mum mobmcATiw Xv 9P)9) I d I I i Init Price Worl�, ......................................... 11-9 Article or-Paiag-raph Nuiriber value,of Work .: .......... .......... ............. Chan . g�JnContract 171 im-cs- Claim for times adjustment ........ 4 . 4,1,2.6, 4.5,,5.15. ..... 6.8.2;-9.4., 9..5; 9.1 1j. 10.-7i! -105; 12.1. ...... * U9, 13:13;13.14,1,14:7.115.1, 15,5 Contrictui[time Dela)i.ixycvjd C'ONI"TRACTOX-S .................. ........................... 12.3 Delays. beyofid OWNER's and Notificationof surety-1117-1111-1 -.2111-1111-1111,11-1110.5 Scopeiofchange. ........................ ....... ;10.3=10.4 ,Change Orders - Acceptance ofDefective Work ..... ------------------ 13A3 Amending Contract Documents ..... 0 ........ ;.4.14 .... :1-?, Cash Allowances - ................................................. i 1.8 . Change 6fContract Price . I .... - .. . .......... ................ 11 Change of Contract Timq,,,, ...... ::::.: ............ Changes in,the Work ,- CONTRACTORs ree ................ ....................... I1',6 Castor the Work,.; ..................... ll.4-1 L-1 Cost'Reomrds"'_j ... ;......... definiti;6'm4........... ............. .......1.9 emergan65s..................................................... $.?3 ENUFNEERs ieiportsibility ....... 9.8. 104. 11'.2. 12.1 ekccution of ............................................. 10.4 Indemitifictiorl ........................ 1 . 433 insurance, Bon.6 and ....................... j.10,5;1.3, 10j. OWNERmay,terminat5 ., ........... - ................ t5.2-15.4 OWNER's Responsibility---- --- 3:6,- 19.4 Physical Conditions-: Subsurface ank .......... .......... w .............. tlinderground Facilfties-!........................ Record Documents, Scope of Change.....; ........ .............. 10.3-10:4 Substitutes .............. .......................... : ...... 47.3i,6.8.2, Unit Price Work ......................... ................... 11:9 value of Work, covered by!. -... . .... ......._ Changes in the Work_,., .... z ... -_ ... _: .. ........... Notification of suiety. .............. ......... ......... .... 105 OWI,T]EWs and CONTRACTORs responsibilities....... _.. 10.4 Right to, an adjustM Mt ................. ............ 10.2- Scope Orchangi ................ ........ .....1-10.3-10.4 .Claims-- agair& coiNTRA- q-TO,R_ .... ............... .16 against ENGINEER ...... ............ 632 against OWNER....:... ................... ............... 032 Change of C6ntiract Price....._ .................... 9.4, 11.2, Change of Cwtiact'Timcs .. ..................... c6NimcT6wS., 1; §.4. 9.�:� 9.11., 1 C.2: ....... ................... 13,9, 1 4m ................................. .......... 15: 1? 15.5; 17.3 -coNTRAr-TbR!sFw: .......................... ...... :1 V.6. Aitible - Paragraph OF Nystiber CONTRACTOR!s liabil4. ........... 5-4,6,12,•6; 16; 631 Cost of the Work IIA' 11.5 Decisions on Disputes .............. _ ............... % 11; 9.12 Dispute Resolution,,,,,,,,,,,,, .................. I ...... t-36.1 ,Dispute Resolution Agreemeni, .................. 16:146..0 ENGINEER as'initial itermtot., Lump Sum Pricingl,,..,-.,-,.-,,,.,,,..,,..,,..,,-, --- Notice of - --------------- ............... ........ 17.3 OWNER'i .................... 9.4. 9.,5; 9. 11. 10.2, 11 11.9 ......... 12.11, 13;9..1113_1314; 17:3, OWNLRs liability . ............................ ....... )�:5r OWNER may refuse to make.psyment, ................ j 4.7 Professional Fees and'Court Costs Included,__,_,_, ... ..................... .......... IT3 request for fcimat decision 4k.., ...... 4-901 Substitute Items ...... 11.1 ............ I .............. .... 6.7,1.2 Time;Extchsiort. ......... . ........ .................... Time __requirements;.... ............ '11. IM 'Unit aPrice Work 1.9.3 valucof..: ... ................. ........................... 1.1.3 Waiv'er o&-oh Final Paymenl.., ...;.;,J4.14 .14.15 'written notice re u e4 ............. ........ 9,11. 11.2; 12.1 Clarifications and Triterpictitions-.., ......... 3.6:3. 9.4 9.11 Clean Site ...... I ...... ....... 17 Cbdc.s of Techni&M Smiqly, Organization or Association.. .............................................. ;.•3.33 Corn menc.cm ent of C&iracti --funci, ... ....... ............ 2:3 Communications- .gencral ........... _; ...... -6 .-Z,&9.2. 9. 11 flazaid Coinniumcap . on Program!;,.,......... . ....... O2?' Final Application for-Nymcni ...... .......... I ........ Fi , fia I Inspection ..... ..................... ....... ... j4111 Final Payment and Acceptance ...-.. ............ 14.13-14.14 Partial. Utilination, ...................... ; .................... J4A0 Substantial Completion ...................... i:38: 14.8-14.9' 'Waiverof,�' 71 mi--_; 34,15, Coniputptian of Times ........ __ .................... 17!11A;);i2 Concerning Subcontractors,"Supp.11iff's and Others ................................................ . 6:8-6, 11 Conferences - initially __:2.9 l5reconstructiort, .....................................I............2 Conflict, Error. Ambijuliy, Disciepanc':j , d6mrRA&bIZ to Report ........... 332 Constructionbefore starting by. ICC?,TTRACTOk-..I Construction,X1whin Equipment. etc ................ -4 Continuing the Work ..................................... 6.29, 10.4 Contract Documents- Amending .... ....................................... __ ........ 3.5, 'Bonds ..*...,..,.., ................................................. 5.1 E,XI)C GENERAL COMMONS 1,910 -9 (1900 EDITION) w/ CITY OF FORT COLUNS MODIFICATIONS (,REV 9t991 I Cash Allowances ..............................................1.1.8. Article or Paragra0h Number .Change of Contract Rice ........................... ........ 11 Change of Contract Times'..-.. 12 "an es -in hcWdrk ................:10 ................4-10.5 g k and :rify... _ "- I . check verify........._ h� ': . ...................................... .............................. 25 -Clarifications-and lhterpretations... 3.6. 9:4. 9 11 ,definiti6n of ENGINEER of ............. 11 ENGINEER as OWNEI;Va , pres ta re en t ive .............9, I .9mcruL3 rnsurancc,,,,,,,1,, Intent.................. ........ : ......... ; .............. 3,1-3.4 minor variations in &"Wor'k ..............................3.6 6%VNIi�s responsibility furnish to "ish ilata- ........ . 9.3 6VNER's responsibility to -make prom Ot payment `?73, 1.4:4. 14.13 ................ precedence._ ............. * ...... .............. ...... 11 j 3:3.3 , Record'Documents. .......... 1111.0-19 Reference to Siondards and Specifications of Technical S9ci&ivj...................................33 Related- Work.: ......... ........... ................... 7:2 Reporting and Resolving ....... ;,23. 33, .DiscieliaRciej Rcuse ;.Suppicnienti"n'l; .................................................. �1.6 Teimination of ENGLN-EER!i Employment .......... 82 Unit Price Work .... ........ ............... 11-9 vanatio ns ........................... I .............. 3.6. 6.23,627 Visits. to Site, bNONEERsi ................................ .9;2' Ccntracfpr�ice— adjustment of 33, 4A. 5P.4,,10.3; !.2-1143 Change of,............ __.; ...... Decision on Disputes ........................... Pl definition of ... .... .... .... 1: ... ........... ....... * .... : ! : Contract act Times— aojustm'ent of........5, 4.1.,9A. 10.3, 12 ..... Change of.: .................... ................... 12:1-12:4 commencement,'Of .............I.............................. 2.3 definition o(:, ........ ; ............... ........... 12 CONTRACTOR Acccptane'e'af lnsu6nc6 ..................................... 5,14, C6mmunications; ..................................... j5.2. 6:9.2 Continue'Work.--,........................... _6.29,10.4 . coordination and duling,, ... ....... ' definitiowo( .....................................................1. 11 Limited Reliance on Technical Data Authorized �Wy.Stop Work or. Terminate,,,. w — 1;;Z;l .. provide site a4cEss to others, ....................... 7.2, 132 Saf:ty;and Protection .................... 4i1l.-) 6,16, 6.18, .................... 6;21-623, 7.2,13.2' Shop:Drawin& and Sample Re.view .P . rior to Siibmitlal ................ .............. ....... ,P,25 �ii Stop Work requirements 1 1 452 ...................... ,(,X)NTRACTOR'.— Article oc'Paragraph Nuiriber Ci5mpensatim ---------- j 1.141.2 Continuing Oblillatiork ................................. !.. 14,15 Dgfeciive Work,,,,,,,,,,,,, ,,, ,,,...... 1 .9-01 13.10-13.4.4 Duty to correct defective Work ......................... j3:11 Duty to Report-t Changesoin the Work caused'by Hincrgency ....................... ...... 3 Defects in Work- of0thers ........................... ;:1.3 Differingconditions................ I.....:.,:,._::.:, 4.1.1 Discrepancy in Documents,,, .... 2.5. 3.3.2. 6.14,2 Underground Facilities not indicated ........... 4.3.2 Gm ergencies ......................... ... 0.23 Equipment and Machinery Rental. Cm ofthe-Wor k.:...:.....:...:...:..::...::.........:::.:I 1 53 Fee --Cost Pluist ......................... j 174,5.6, 1165 1, 11.6 General Warrafity and Guarantee.,,,,,,,,,,_:,--...., Hazard Communication Program ........... .6.22 Indemnification:„,,,,,,,,,, 6.16., 6-31-6.33 Inspection of the Work ............................... 7.3, 13:4 Labor. Materials and Equi §mcn' t ............. ;i , .... :0. 34-5 l4ws'and ftidations,Compliance by.....;,..... 614A Lnability .............. _ ................... ......... 5A Notice of Interitto Appeal ......................... �,:10, 10.4 obligation to perform and'complete thE.Work .......................... .................... §30 Patent Fees and Royalties, paid for by ...... _7 ...... §,12 performance and (..)t'h.cr Bonds .... ......... ............... 5A Permits, obtained and paid for. by;,,,,,,,,,,,,,,,, ,, ,,fi. 13 Progress Schedule,_;,. , .... 2;8: 2.9, 6.6, ........ 10:4. 15.2.1 Request f6r formal decisionon disputes;;,,,,,,,,,;,, 9,11 Reslignsibiliti6s.- Changes in the Work_.- . _ 10.1 Concern in S. Subcontractors, Suppliers and Others Continuing the Work ................ ........ 6.29.10.4 COi4tRACTOR's expense ....... ...... CONTRACTORA General Warranty and Giiarifi.tec,., ..................................... 6.30 CONTRACTOR!s review prior to Shop Diawing or:Sarrplc'submittal.... ......... .... j5.25 Coordination or Work,_____ ................ 6.9.2 Emergencics .............................................. * 6. 23 ' ENGli\rEE-1'si4a[4itic-n,Substitutes or "Or -Equal" Items...........................:.6;7:3 For.Aus.and Omissions of 6thers .............................. 0,9:1-6,9t2, 9713 for deductible amountsjnsurance- ...... .... . .. general ........................................ 6, T-2, 7.3, 8.9, Ilazardous Co'm munication Programs ...... fi.?2 Indemnificationk ........................... ...... 6�31,633 EXTC GENMLL MItinjnoNs - wICITY. ORFORTCOLUNS MODIFICATIONS (REVOM 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 I I 11 I I I I I I I I I I I Labor,, Materials and-Equipnvent Laws and Regulations ...... 6.14. Liability Insurance:,,,,,-,;,_„ ........... ....... ___5A ,Article or ParagriipH Number Notice of variation from Contract Documents,....... ................. ............... :A27 patent Fees and Rcyaffies..... .................... :§.12 Perm us' 1.3 Progress'Sche * Record D6curnents ..... 6.19 related Work performed prior. t6* bNGINEERs tipproytki'd rcquLred sub m ittals! safe structural -loading. -jS. 18 Safety and Protection . ............ j5.20, T I 1 3.2- 'Safety Representative ....... 'Scheduling the Work: ...... ;..; ...... : ......... 'Shop Drawi* and §afiap!es_ ....... I ....... &24: Shoo Drawings and Samples Review by ENGINE -SA .... ..... -;6.26 .Site 16. 17. S"ittal Procedures., ................ ............ 6-25 Substitute Conaurowtion Methods and Procedures,.-,, ... _ ... Substitutes and !Or-"Orficims ...... .... �;7.1 Su rintcndcncq ......................................... :J:2: Su : � . pervision ................................. ___ ...... .Survival of Qbligatioini.......... : ................... fi, Taxes 15 Tests and,fnspeatidns � ; ............. ......... 13 5 To Report ..... ............................................. _:;.5 Use of Premise;., ...... 6.30 2.4 Review Prior to'Shop, Droving or Sample'Submittal.,..;., ........ ...... ... 6015 �Mght, to adjustment for changes in the Work .....102 right to claim ............. 4;11, 9.4, 9.5. 911, 10.2 11.2, 12-1. .13:9, 14.8, 15A, 15:5.,17.3 Safety and Protection I ..... * ..... ....... �5.20-6.21 T2,13.2 Sifety kepres�"tll V-e ........................... . 6.21 ;.:., ....... Shop Drawings and Samples Submittals :..'A2".28 Special Consultants.:. ----------- ;z ------- J1A4 Substitute Construction Methods and Proceduris,6j. ,Substitutes .and L"OrzEquil" Items. Expense_........... 6.7, 1; 6.7.2 Subcotitractors, Suppliers and 0Lher468.6.lI Supervis�io5n arid Superintefideroq ......... Taxes, Payment b�� ......... ......... ..... : ....... : ...... 0_6-15 Useof Premises 6A6-&l8 Warraitti- - d: . - � 5san. guarantees ... 6.30 Warranty.6f"ritle, ........................................ Written Notice Required_ oJONtiACTi))Z stop: Work or term meta,,,, _,;15.5 Reports of Differing Subsurface '.and Phyiicad Conditions ....................... A.2.3 'Substantial- Compictiork ............................... 14.8 WH COIsYrRACTORS—otiter............ ............ ...... .......... Contractual Liability fnsurancc.__, .............. Contfactywl Tim6 Limits' .... ......... ...... J2.12' Article or -Paragraph Number Coordination— CONTRACTORs responsibility..........._.,....,.... . 4.9.2 Copies of Documents.. ........................... ........ ;,.-) 'Y' Correction Period,;,,,, Correction, Removal 6i'Adcqtance of Defective Work7- a t.ri general ................................ 111U-13`14 Acceptance ofDefec&c,Work...........................1313 -Correction or Removnl of Defective Work-..... .... V. ................... 4. 6.30,11.3; 11 Correction Period, ......... ......... ....... :,;J3.12 OWNER May Ccrrect Defictiva Work ........ OWNER May Step Work ... ... 13JO Cost_ of Tests and Inspections ...... ........ ............... Records 11 1;7 Cost of the Work — 'Bonds and insurance, additional ........... _1 1:4.59 Cash Discounts...: ....... ....... ;.J lA2 CQNTRACTOWs Fee....:................................:11:6 'Employee .....11.4.5.1 Exclusionsto ...................... ........... 1. ....... General 11.4-11:5 Hope office and overhead exlichsc* ___11.5' Losses and'dam ages ............................... ' Materials and colitipment., ................. ....... L4_2 ,,!nor. expenses, ........................................ _1 1.4.5.8 payroll costs change;,,,,,,,, .us........ perf4med by Records I I , 7 Rqhzals.of,construction equipment and machinery :_..... ------ ...... 11 Royalty. paymmn(s permits. and license fees 1:4.5.5 Site office and temporary fnlcilit 4, ....... ........ I 1A5:1 Special Consultants, CONTRACTORS ....... ;_jL4.4 ............ 'fix6i,relatedio the Work Tests and Inspection ........ ............................... J3.4 Trade Discounts:... _ ....... ...... ____ ......... .... J1.4.2 Utilities; ruel and sanitary facilities .......... j 1.4:5.7 Work —after' regular hours...' - .. Covering Work... ... ; ....... ; ............ I ........... J3.6417 Cumu l4tive Remediois,,1 cutting, fitting and 7 2 Oita, to be furnished 6y OWNEg ................... ......... 8_3 Pay4defixvilion of .............. Decisions on Disputes._ ............................... :9.11, 9.12 d�Jzcrivz—definition ...... 1.14 defective Work" Acceptance of......................................10.4.1. 1113 E)MC CENMAL CONDMONS 1910.8 (1940 E)1110r4) wl OTY OF FORT CQUINIS MODIFICATIONS (REV 9L'i91 ' I Carrectibit-or Rcmovalo� ............... _:jQAJ,A3.1I Correction Period,-,, ... .................. __; ... j3'12 in &!OA'.j ...... t ...... . ........ 14.7. 14:11 Article or Paragraph Number 9 . �rvation b sc yEN6[NEER ................................. 9;2 OWNER. N lay'Stop Work., .............................. 13"10 ' Prompt Notice offlefects...................................111 Uncovering the Work,_ ...... b.: ------- Nfinitionii ......................... ......... ........ ........ Delays ....................................... 1a, 6.29. 12.342,4 Delivery ofBands: .. .. ....... ........... ',of4iLs 2.1 Delivery ofcertificates urqngc .............. ....... _..2.7 Determinationsfor Unit Prices ............... ................. 9.10 Differing Subsurface or P�hyslcal'Conditions— Notice of ......... 1_4.2.3' ENGINEER's Review ....... Possible Contract Documents Change;,,,,,,,,,,,,, 4-2,5 -Possible Price,and Times Adjustments ............. 4:2..ii Discrepancies -Reporting .and Resolving -- ------- 1,1:11:11.11--m 2.5: 3.3;16,142' Dispute Resolution— Agr5emenk:.:.,;,, .... ;.; ....... ...... ; ............ J.6;1-16.6 Arbitration _J& 1 -16.5 general 16 Mediation................................. ; ........................16.6 Dispute Resolution Agreement— .................... . J& 1- 16:6, Disputes, Decisions by ENGINEER,;,,,,, w.9.11-912 Docuritcrits— Copicsof ..................................... ................ 2" 2' Record 6.19 Reuse uf. Drawing Easements............ j ............. ...... .......... Effective date of Agreement— definition Qf .............. 1, 16, Emergencies,.... ENGINEER— as initial interpreter on disputes ................. % I I A* 12 aifinitiiin-of .................. * *" *u' r' *esp"o*'*''s !�' 17 t'h*'o' r' i t'* ni b i I i t Limitations yand* i 6. ;;.. : 9.13 Replacement qL------.:::_:.:...I.-` ..";' ....... ..g: � Resident Project !Zc'i&cscntativc ....... ...................93 p , I M. ENGfNEER!s Consultant — definition Yf ...... ........... 1.18 ENGINEEk's-, Authority and responsibility, limitations or};,,,,,,,qA3, Authorized Variations tri't'h'e Work„ 9.5- ,Change.0rders, responsibility for... ....9.7, 10, 'll, 12, ,Ckrificatiortiand.InterpretationA .............. 3.6.3; (),4 Decisions on 1)4utcs-'_, ... 1-9.'12 defective Work,, notice of .................................. :13:1 Evaluation of SubitiWte Itern4; ....................... 'A7.3 Liability ........... ................ 9 ' .12, Notice Work is Acceptable �..... .......... )4.13 ,Observations ........................................ :...A.30.") 9,2 OWNERS Representative 9A ...................... PaYments,to the CONTRACTOR, — Responsibility for ......... 9.9.,1.4 Redbirimendation of Payment ..... 14'13 t%rti6le or Parairaph Number Responsibilities-titnitationscm . .............. :9AY-9.13 Review of Reports on Differing Subsurface And Physical Conditioim ... ....... i ... ,,A2:4 Shop Drawings and Saniples. review responsibility ......... ............. _;_ .............. fi.26 . . � L status During qnjsY4C!10q-- authorized variations in the Clarifications and Initerpictatiqm Decisions on Disputes ..... 1 -9172 Determinations on Unit ... 9-10 ENGINEER as Initial Interpreter ......... 9. 11-9.u_ ENGINEERs'Responsibilities,.; ......... -' 9.1-9.12 Lim itations on ENGINEER,s Atit1iian'ty and Responsibilities ,.... ................ ...... _9.13 MYNEWS,R9presentative ......... ....... 9:1 project Representative-...... � " Z —9.3 Rejecting Defective Work., ....... : ....... ............ 9.6 Shop Drawings, Change Orders and Paymints. Visits to,Sita ....... J.2 ....... .Unit Price determihatimA ....................... ......... 9.10 Visits to Site ....................... ............................... 9.2 Writtciicofiscfit requirc4 ................... I ....... �._:72. 9.1 Equipment, Labor, Materials and ... .......... EquiPment.rentali Cast of the W6rk .... ......... if . 1.4.53 Equivalent- wilateriiis and Equipment ................ ; ....... OJ error or omissions..:_..... -.: 'gem.':.. ........ ............ 0.33 Evidence of Financial Arran If Explorations of physical .......... :..4,2:1 _conditiam,,,.,_,., Fee, CONTRACTORs—Costs Plus:...........................1!.6 Field Older— definition e ition o( 19 issued by ENGINEER ............. ...... :1 ......... 1, 9.5 Final Application forPayment ...................... .... 14,12 Final Inspection .... ........ : .......... .............. Final'Payincrit— and,Acceptande I ................................ 14, 13-14,14 Prior Lo� for. cash alloCan es ............................... 11:8 -General Provisions,.,..,, ......................... -- -- --- -- 17.3=171:4 General Requirem - ents— definitic6 of ....... ... 11 ... I ...................................... 10 principal references I .... ..... '16, 6 * * Afi.6:6.7, 6.24 Giving Guarantee of Work: —by CONTRACTOR_,,_,,,j5.A0, 14.12 Hazard Communication Programs.,, .............. 6M Hazardous Wasi6_ definition of ...................................................... 1:21 general ........ . .................. 45 OWNER'S responsibility for ................................ 8-10 EK3)C GENERAL COMITIO.NS 1910,8.(1990 EDMOM w/aw. OF FORT COLUNS MODMCATTQNS(REV WWI. I I 1, I I I I i Indemnification I Z 6.1 4;A3 1 t6,133 Initially Acoeptahic siiiivitiles'., ...... Inspection-- qn7- Certificates Final.................. ................................... 14:1 1� Article of Paragraph. Numbir 'Special, required byENGINEE—R .. . ...................... 9:6 Tests and 13.3-13.4 'Insurance-. Aciieptan6c of,� liy,OWNER ..................... __ ........ i. 14 Additire quired ired by cha _q. MV8 in the Work Be6re,staftij* the Work......................... ,,11.4.5.9 Bonds and --in general;' ............................. ............ 5 Cancellation Orovision"A.............. ............... 5.8: Certificates of. ........... ...... 2.7,5 5:3, 5.4; U 1, 5.4,13. ...; .... ; ... V.; .... ;..5.6,5, 5.81 5,14, 9; 13:4; 14,12 completed o*6tiohs ...................... I .............. '5 4:13 CONTRACTORS Liability: ................ . . . ........... 5.4 CONTRACTOR'S **ectiontocoveria ge 5.14 Contra4tual Liability ...................... 7__;_,zr5A 1 10, deductible amounts, CONTRACTORs responsibility.., ................... :.5:9 Final Application for Payment - , Licensed Insurers-.....-,:.... ... . ......................... 'c'hinjes, ;.5.3 Nati,ce, requiielocilts, material ....... 5:81 10.5. Option to'Replace: ................ ...... ...... ........... 5.14 dth cial in-suranL FF spe ...... ............ 5.10 I—- OWNER as liduciary-for insureds .............. I 5.12-5.13 6WMR!s Lia 6ilit' Y. I .................... ......... _5.5. OWNER!s Revcnsi.Sifity*� Partial Utilizatim, Property Insurance ...... 10, Receipt and Application of Insurance Proceedsk ..................... ......... ......... Special Insur A Waiver of Rights..:,-_:_.- lnt'cnt of Contract Docum ent4 ................... ....... cj.1-3:4 and d Clarificatiiiii;,:............. ......... - .63,r9A Investigations of phy3iciibconditiony ..... 4.2- Labor. Materials and Eq*mefit_.__, Lands -- and Easements 8 - 4 Availabdityof..................... _ ............... 1, 8.4 Reports.and Tests:. . 8.4 Laws and Regulafions-Laws orReguilations�_ Bonds z.;5:I-5;2- Changesin the.Work ....... ...... : ...... _ ...... 10.4 Contract Documents.., , .............. CONTRALCMks Responsibilities .................... 10-14 Correction Nriod,difeclivd Work;,,,,,,,,,,,,,,,,, ,13_12 Cost of the Work, MV:es ...............................11A5.4 definition of generaK 14 1xidemnihicatibn ............................... : .......... 6.31-6.33 Insurance._a ............ ............. ......... ................... 3.3.3 Rtifereh66 to .............. SafqyafidPi ' i ...... : ......... 6.2Q, 13-1 Subcontradors�.Su . 11 � - . pphirs and Otliers .......... 16. M; l'I ?knicle or Paragraph Number Tests and Inspections ................................... 13:5 Use of ...... .................. 6.16 Visits to Site ...,___ Liability iiy fniw-Ane.&� CONTRACTO!ra.......... .............................. .. ..... 5.4 OWNER`s.�11 ............ Liccnsed'Suretics and Insurers,, ,,, ,: ............... ....... :1:3 Licris Application for Progress-Paymenj ....................... 14,2, Final Application for Paymeq,,.,.:q,w.., ...... ;J'4A2, definition of ........................ ; ............................. E23 Waiver of Chiiffis j 4.15 Limitations on ENTGR� EER!s -authority and responsibilities 6 �' , i ......... ---- ' 1-9.13 ; Liallied, Relianocbk CONTRACTOW .Authorized A Maintenance andOperating Manv04s-_ Final ApplRation Foi-Nyment..._ ......... ...... 14.12: Manuals (of other's) -- Precedence ...................................... ............. !_ Reference to'in fof ntfact Dd6umcntj,, ,33.1 Materials and equipment.- ffimished by_iHY14tRAGrOR I .......... 63 ,not incorporated in Work.,,,,,,, 14;2- Materialsor cquiorncnt---e quivalink,,, ---- Mediation (Optional) , 4 r 4 1 z L Milestones: —definition of;;,,,,;,,,,;;.............. MisMianeous— coffiputatibri,of Times t__j 7 .4 ........... Givirig-Notic c....; .... : ........................... I .............. Notice of Claim, ,,,,,,,,.„;.:, ............................ ; ................. .. j 73 Prormsional Fees and Court Ccsts 1nc1u&d ..... J7.3 Multi -prime coiaiacts ...... ... . ..... Not Showfi of Indicated .............. 43;2 Notice of Acceptability of Projeck...n ....... ................... ... Award, definitionLof ........ 1,25, Claim.......................................................... 1,73 Defects,13.1' DiffefingSuhsLufaaor'Physibal,Cotiditibrks,._.,A.2.-I Giving ...... Tests and In ................................... 133 variatiork j 1 'io * o7poraZin and Samplp............... J7 Notice to Proceed — definition 0( giving of ........................................................... 13 ......................................... ijmc CENERAL C01,61TIONS 1910.8 (1940 61TION) wl aTY OF FORT CdLUNS MODMCATTONS XV.91.99.) I Notification -to Surety ......... ................ ....... ............... 1�1.5 Ohservations,byENGINEER:......: ..::::...:........6.30,9.E Occupancy of the Work.,_,:,,,,•,.•-,- 5.15,.6:30.2.4; 14.40 Omissions or.acts by CONTRACTO$..::.::..::.:..6.9. 9.13 Open Peril policy form. insurance ..........................3:6.2 Option to Replacee................................................... 5:14 Article orrPtragraph Number .,Or Equal" Items .............................. .................... :....6.7 Other work 7 Overtime Work_, -prohibition of ..::.:...:..:......:.:.:..::....: 6;3 OWNER,- Acceptance ofdefec&re Work ........................... 13:13 appouit an ENGINEER... ...... 2. As Ctducittry _I......•........,tS.I'2=5:1 . ......................... Availability of Land;; responsibility ..................•„ 4.1 definition of ................... :................. ............. :.:I;27' data fiunis}i......:...:: :.:..:.:.::... .............,it.3 Vfay Corrcct'Defective Work;,,.,,, ... ...... ... 13�34'. May ref L-6 to niaki payment................::.........::.1.4:7 A4ay.Stotr tf e W4k..., J30. ,May Suspend Work, Terminate,,,., ,,,„„...:.:........H.8. 13.10. I5;1=15,4 payment, make prompt ..................... $,3, 14A, 14:13 perfarmanto of ather. work .... :..:.:......... :..::::.:....... 7:1 permits and licenses, requirements,,,;,;,,;,,,;;,,,,,;6�13' purchased intuitine requirement4_..,......... .6-5 10 OWNER's=- Acceptance of the -Work ..................... ......... 6:30.2.5 .Change Orders, obligation to ezecutg........ ,;8.6, 10.4 Comm unicationg................................................SA Coordination of die• Work,_;,.......... 7;4 Disputes; request -for derision..:........................;9:11 'Inspections, tests and S;S Notice of Defects ........ :......... ..:..:.:...:..........:.....13.1 ristructi6n;. Representative --During C... ENGINEEK's `................._. . 9.1 Responsibilities-- - Asbes cm pC13s; Petroleum: Hazardws Waste or Radioactive Material...............:?;10 Change Orders, .......... ....... 8.6' Changesinthe:Wont..:.:...::::.:..:.:.:..:.:..:. 10,1 communications,-••---:_.._..._ _.:...... :........ ....... $A CONTR�Cf OR's resptmsibi I ides ........ . ..........39 evidenced firranciul arrangemenia..............8.41 .inspections; tests and ,approvals,,,,,,,,,,,,,,,,,,„ _$7 insurance .:...................... ................ .............. $. S lands and easementg:............:..:.:.........._..... SA protrrpt payment by... B:3' replacement of ENGINEER :.::..........:.::..::::...$;? reportsand tests:...........................................8:4 stop or suspend Work,,;,•,,,,,,,,,,,,, E 8, 1116, 15.'1 terminate CONTRACTORs services,.----.,.: separate representative at site..............................9.3 zi: -testing; indeperident:.... ....... ... ...............:.........13.4. use,or occupancy of thi Woi k,,...... .._,,,_...,:.JA 5; 6.30.2:4, 14.10 tvrittep consent tu•appioval required ........................................ 9.1;, 63, 1 Ito LJCDC GENERAL COMnONS 1910.8 i19s0 EDMOM wr CITt: OF.FORT COLLINS MODIFICATIONS (REV WW). I I I I I I I PJ 11 I I I I I Article or Paragraph Numbcr` notice required 9,4,.9_ 11, ..................... .......... 11:2; t 1.9,14,7: 15A PCBs" definition of .. ....... ........... 11:2 9' general.................................................4.5 OWNfICs icipc!tsibilify far ; .................... I ...... . .. XAO 'Partial Utilization — definition of ....... J:28 geriml 00,14, 14,10 Prop.&Ty; Insurance ............ _ .......... ........... S.B .. ,Patent,Feesand Rbyalties ........ F ........... ......... ...... 6.12 Payment Bonds Payments,kicom� m-P'.j 14.13 Payments S to CONTRACTOR and Completion — Application for,ProgessNyments, .... ...... __..:J4.2 ,coNTkAbT6R's Warriniy.of Title--,--,-, ......... JU Final Application fbi,Paymcn@...... ;; .... A.;E _1 4.12 Final Inspection ............................................... 14.11 ,Final Payment and Acceptances_... ,;,-„ .-,14.13-'14.14 general...... ......... .......... . 7 ............ ........ s3, 14 Rctainage: ............................................... ......... 14.2 Review of AP-p'lic-afions for. . Progress Payments.,.,,::....;.:..:.::.:..:.:.:...14.4-l4.7 pibmpt ...... : .. . ... .............. $3 Scheduli of Values ''*''k'''''''''* 1,4, 1 .Substantiaf CompletLor.................... ....... 14.8-1.4.9, Waiver GfClaims�............. ............ _ .................. 14AS when payments-duz................................. 144i -I 4r.13 withholding paymcn - t ......... — ........... Perfc , rmance Bcndq .............................. I ......... 1-5,2 ! Permits Petroleiim- definition -of., .......... ...... ......... I ....... gefieral..................... : ............................... 4,5 OWNERS responsibility tor.,,.,, ........... .. . .. Thysical Conditions-- - bimKirigs of, in,or relatingtq ........................ 1.2.1,,2 FNGTI,TFFR's review,...:..,.; ..:.: ........ :...; ....... ; ...... 4.2.4 existing strtictur6s ............ __ ............... 4.2 2 general 4,2.1.2 ............. Notice of Differing Subsurfi6c oi,.................. .. 4.2.3 Po'ssilhle Contract bocuinenis�Changq�_.... 4.15 Possible Price and Times Adjustments 4,16. Reports and Drawings ......................................4.2.1. Subsurface and...:....-. ........... ......... .......... .................. 4.21 'Su6sdrfitce Conditibn; ....... .... 1'._" ...... Technical Data, Limitid Rcliarice by C&TRACtORAti h- honied.,;,;,,,,,, ..................... 4.2-2 lLTrt&rgroiind Facilities— general................................................ ....... 0 Not Shown or Indicaed ........ protec ;,i f Ono ......................................... 4.3; 620 X5 A]rtiblc or Paragraph Number Shown or Indicated.�. _;. 10— ,1 " .!�z Technical Data;,,,,,,,,,,,,.................................. A2,2 Preoonstructib_n Confer6cq, ........ ... . ..... Preliminary Matters--- 2 PrClidinary Scliedulq ............. 2: ; 6 Premises, Use of ......... .................. ....... Price, Change of Contract., ......................................... :11 Price. ConLrdqt_*rtniti6.fi ...... 1— ...... 111 Progress Paymen% Applications for .. Progfeis Payment-treviinage_ ............ .................. � 1412 Progress schedule, 6014TkACTOR ........ 2,2.6i 2:8,:2.9 ...... .................. 6.6. 6.29:. 10.4, 15:2.1 Project"definitio.n ENGRNUks'Status buringConstruction:._, ...... 9,3 Project Representative, Residcra—dertnition of ......... 1.33' prompt payment by,OWNFR..:.:..:.::.:.:::::..:::.:::.:::.....83 Property Insurance- ; ... . ..... ............... ...................... . 5:7 Foriial,Utilization... ... 14.10.2 receipt and application of proceedA ............. 5: 1 2-5.13 Protectiun;Safety' and;,,,;,; - ........ 131 Punch list i. Ridio4ctive Material— defritibnof ............................ .......................... 132 ge"6143- OWNFRI a r6oniibility (K .......................... ?,IQ Recommendation of Payment,. 14.13 Record Dociuments;............................... �6:19, 14,12, Records, procedures'lai.maintaining .......... . 1.8 Reference Points..:.......:..:.........::...:...:......................44 Rderence to Standards and!Specificatio6s of Technical Societies,,,,,,,,,,,,;,; Regulations, Laws and (or) .................. .......... . ....... Rejec"figDefikTiVe. Work ......... ....... ...... 9�6 R61atod Work -- at Site Performed prior to Shop Draw"'IP and,Saffipl6s submittals review,- ;� ....... �5.28' Remedies. cumulative_ ... ........... Rcm6VaI,or,Corr6etiofi OrNfiefivi; W6& ............... ....... rental agrcemcnis, OWNER approval ic quiic4 ""' 1'1,4,5.3 replacement ofENGINEER, by OWNER............. ....... 8:2 Reporting and Resolving Discrepancies.................................2.5, 3.3.2,.6.14'.2 Reports — And Drawings:---........ ....... ................ 4. 2: I anTests,•QWNMsrespotisilnlity :.! .......... 5:4 Resident and Project Repiesentafive__, JefiniltionW .................................................... provision for .................. ........ ........................... FJCDC M ORAL COM'DIONS 1910 -8 (199 . 0 EDITION) W7GTY OF FORT COUINSMODMCAT17ONS (REV 9/99) I Article or. PiTalgaph Num her Resid nt,S i5efinuffident. CONTRACrOWs.,_,_,,_._..62, Responsibilities" CONTRAOTORs-in genera .................. .......... ... .6 ENMEWs-in general ....... ............................ Limitations an ............................................. 9! 13 OWNERs,ingenera l... ....... t1l; .............. 1-- ...... Retainage .......... -licuse of ....................... ....... J7 Review _bygdyrmCrM Shop Drawings and Samples Prior to Submittal_�, ............ Review of 40cations; for Progress Paymenui., ................................... 14.4-14.7 Right to an adjustment, ............... __ ...... ................. 10.2 Rightsof Way-- ............................... _ .......... Rcyiltics, Patent Fees and:.....,.::.- ............. 1-2 s8fiStrucpmA,Loading................................. '6.18 and Protection ........ ------- -- 76.2 .0-6.21. 7.2. 132 general ..................................................... 0.20-6-23. Repr6chtative; CONTRWCTORs,'; ............. 1: ...... :.0:21 Samples — definition of .... ...... ........................ 1.34 general; ...................... ............................. 6.24-6.28 Review by CONTRACTOR:.. ............................. 6.25 Review by ENGINEEK ............................. 0.*26, 6.27 related Work .....................................................6.28 submittal of.,--...-'.- ............ ..................... 6,24.2 : submittal prpcedtireg; ........... ................ '&-hedule of progress., ,_„„,, a .... .6, ......... ...... :t..6.29, 10.4. 15.2.1 ;Schedule of Shop, Orawingand Sample Submittals vials ................ ............ 2:8-29, 6,24-6:28 .M t Schedule of Values, 6 18-2.9, 14:1 S,hedules.. Adherence to . ....................... 4 ......................... 15:2:1 Adjusting, ........................ 4....: ....................... 4 ... 6.6 Change of Contract Times,,.., .... .................. 10-4 ...... 2,9 Prelim nary ..... 4 ................. ...... _ ....... Scopc,of. Chsngcs... . ............ 4 ..................... 10.3-10.4 $ubsurface, Conditions:...._..._ . ........................... 4_11:I Shop Drawmigs— and'Samptes, general! ........................... 4 .... 6.24-6:28 Change Orders Sc Applicki M-s f6i .Payment% and-, ... ....... ;.947-9.9 ENGINEER's a0prt5val of ... 4.1 ...... ....... ENGMERii responsibility, for review., ............... I .... 93. 6.24-6.28 related Work-- --.... --- 0;28 rcvic%,� proccdurqs................................ -718; 6.24-6M Article at Paragraph Number., submittal'requircd ...................... ....... 6.24-. 1 Submittal ProcMurcs 6.25 use to, aPpro ve , _ Shown or Indicated .......................... .................... :4.3.1 Site Access ....................... 17.2,13.2 Site Cleantin I ess ...................6. 17 Site, Visits to—, by ENGINEER...... ......... 112 byothers.-, .... ....................... ......... 1 ................. 13:2 .special causes of 16&s", policy form, insurance .... .............. . :_ ........ ............... j:6.2 definition of, ......... 11.1.11,1.11 .............. 1-36 'Specificatians- definaticin of: .......................... .............. ....... :1.36 �of,Tcchnical Socictim riferenee tq-__. ................ 3.3; 1 precedence .... ...... ....... :;j3.3 Standards and Specifications of Technical Societies ................... ...... .. . ............ 3-3 Starting Construction, Before .... - 9 ....... _,.15-2.8 Starting the =A Stop or Suspcnd, Work -- by CONTRACTOR .......... ; .......... ; ......... ...... 15.5: by OWNER__ ...... 8.8.13:10. 15.1 Storage of materials- and ciiluipaieq ........ q ;-4.1, 7.2 Structural Loading, Safety ....................................... 6A 9, Subcontractor— Coii&cinin ; .................................. ............ A.8.6 I I definition of ................,..................................... J. 37, delays............... ..................... waiver of.right3 ................ 4 .................... ; ........... 6- I Sd.bcontracturs--in general;,,,:__...— .................... 6.9-6.11 Subcontracts -required proiiiio* ........ 5.11, 6 11, 11.4.3 SuI;m ittals— Applications for Payment .................... ............ 14.21 Mitifitenanco and operation, Manuals., 14'12 Procedures 25 Progress Schedules ...... ; ....... ; ......................... 2.6.2.9 Samples .................................. ................. 6:24-6.29- S.chedule.&Vnluas. ........ ; ....... ; ........... Schedule of Shop Dra%Fings and'Sam pjes, Submissions . ............. 4 ............. ........ Dri .hop; awingj ....................................... 624-6.28 Substiintial.Cornplction— certifica.tion,o( .........(.3023, 14-8z14.9 definition of .................................................... 1,38 Substitute tonstruciicn'Methbds*or Piocidures'...._.6.7.2 Subititutcs and 'Or .... Z..6.7 CONTRAC-TOR!s,E_Vcnsc, ...... ENGINEER!s Evaluation,,,,,,,,,,,,, ............... 6- 7.3 1. 'Or-Equil'... ................................................ 15.7.1:1 Substitute Constructio'nMethods EJCDC GENERAL CONDMONS 1910,8 it 00 EDITION) wt LiTy. OF.FORT COLLINS MODIFICr TIONS (REV 9199). I 1, 'I I I I Article'or Niagraph Number of Procedures ... .......................................... 6.7.2 substitute Items 6.7.1.2 Physical_6 a --------- Drawings of in or relaffigto ............... ........ 4,11.2' ENGMERs Review,; ............................. ....... 4.2;4 general.... : ... t;_j .... z ...... : ..... .... ,,.._4:2 Limited Reliance by CONTRACTOR Authwizcd ............. ............. I ....... ........ 4:2.2 .. Notice of Diffiring subsurface or Physical 4 .2.3 Physical Conditions:....,--,.,.-. 4112 Possible Contract DocuinerhsChangq., ............. ,1.15 Possible Price andiiatesAclJustments ...... ..... A.2.6, Reports and Drawings.._-'-._,.....::. ------ __4.2.1 'SubsLirface and,,,,,,;,,, Subsurface ,Con"ditinsi"tih'e:' " Site,,,,,,,,,,,,;,,,,,, Technical Data ...... ; ... ........................ ........... 4:12 supervision— .. OWNERshall not supervise ............................... :8,9- FNGMEEk shall not s4ery 9,2, Suiperintendenoe..... .................... �:2 Slioerintendent, CONTRACTOR!s,resident •J.2- 'Supplementalcostik .................................... I ......... 11.4.5 Supplementary Conditions— defihiti6fi of.: ........... : ... , ....... principal references to ................. ), 19, 1,18, 2.�217j, ........................ +2; 4.3, 5L 1, 5-3, 5:4, 5.6.5;9, ............. 5.111' 6;9, 6.13j. 7.4, 8.11, 9.3"9. 10 Supplementing Contraut.DoLaunents .... Supplier- definition of :,.; 1.1,40 principal references to ...........3.-7, 6.5; 6.8-6,11. 640; .......... .... 0.24.9:13. 14.12 - - Waiver of Rights,....,..,, .................. I I 5*Cty— consent to fuud payment: ......................... 14.12,14J4 ENOTWER has no duty to... .... ............... 9.13 N161ifleati6ft of - ----- - .- , ........ ...... 16.110;5. mi qualificatinh of ........................ .................... 5.1-53. Survival of Obligatibns: .......................................... j5:34 Suspend Work, OWNER May .... .............. . _JIIO15A Suspen!sion of Work and Termination— CONTRA&6kMnyStop,Wcik or Terminate 15.5 OWNER WvSuspencl Work .;;_.___-I-:_: 1:15.1 OWNERMay Tchniriatc Taxes. -Payment by CONTRA(-_Tok ........................ 15 Technical Data - Limited Reliance by CONTRACTOR ........... :....:4.212 Possible Price. and Times Adjustments - ' _416- i Repof Ditfering.Subsurfaceand Physical Canditionk .............................. .... 4.23 A� Temporary constriction facilities ............................. 4.1 Aftible. or Paragraph Nt6n bee Term infbtion— by CONTRACTOR by PWNER ...... ............ * ....... of ENG INEERS crooldy"Mienti Suspension of Work-in general'.... ................... Terms and Adjectives, Tests and. lhs ectiofis'�r' Access to i hc'Work, by otlicri,... .......... ............. 13.2 CONTRACTOks res6,onsibilities ........... _ .......... J35 cost of 13.4 'coverin9 :WqrkpTiortq,__ : ....... I ..... ...... _ 13.6 -13.7 1 Laws and RegulatiLms (or) ................................. 13.5 Nofice.of Defects ........... ........ z .................. 13,1 OWNER May, Stop Work- ...... __ ...... _.Iilu OWNER!s1iridPpendem,tisting ......... 04 special, required by 6T4CYINESP . ......................... q..6 turf elynotice required ""' ............... 13.4 Uncovering theWork, at a; Times— Adjusting............................. ....... 04 Change of Contract ...... . ......... ...... &mpuki ion of of............__ ............... ..... 172 't Contract Times --definition of; ........................ _. 1.12 -day .......... ......... ...... ....................... 17.2.2 ................................ ......... 12' Requirements_ ippeals .............. 9A01 16 clauifications, Cammenc&naht of Contract Time*,__._ ...... IT ('reconstruction Conferencq............... ;.'; ....... 7-$: schedules ......................................... 26, 2t9, 6,6 §tartlog, the Work 2.4 Title, Warranty ............ ... 14.3; Uncovering Work, '**"**'........ ........ 1.3,843-9. Underground Facilities, PhyiicAl Physical-,- ...... ; .... 4:..M.M;..:..� .... _ � ..... 1.41 14ot',§6wn cir fridicated,. - ................ ------- 4.3. f pi�mectidn cif, 1 . ..... I ............................ 43;A2t) ...... --- Shown or Indicated. ............. ................... _43A Unit Price Work claims definition' 6 .................................................. JAI .f.t .generalll.9. 14.1, 14.5 Unit Prices — general 11.3. ' I Dererminntion f6r .................................... ; ........ 9--10 Uge',Of Premises,,_,,,..... ...................... 6.16, 6.18; 630,Z4 Utility owners ............ ¢.13; 6.26. M-7J;_13.'2 Utiliza"tim 5.15, 6.30:2.4.,14.10 Value of theMork ................................................... I Ij Values. 36hedule of'_ ............................ 2,6; 18-19, 143 MW CENERAL,CO'DITIONS 1910-k(I" 0 FL)ITIO . N) wi CITY OF FORT COU INS MODMCA17ONS (REV 91991 I Variations in* Work —Minor Authorized _ ........ 6.27 ',VS, .Article or Paiagraph Nurriber 1. - Visits to Site —by ENGINIMIR ...... .............. __M. Waiver of Pairns—on Final Payment—, ....... Waiver of -Rights by insured partic§... ........ ...... SJ 1, 6.11 Warranty and Guarantee. Genera — CONTRACTOR ................ ; .......... .................... Warranty 6f-Title- CONTRACTOR_!s_ ....... 1—.11--l"14.3 Work — 'Access to— .......... ...... ............. ...... 42 byq*m:::. _.:. ..... .: .............................. I .............. 7 Changes imthe ............. ............ ; ........ .Ao Continuing the .................... : .... ".." .... ... 6.29 CONTRACTOR May Stop Work. or Terminate........_.:.......:............_ .............. 15.5- Coordination b(, .... ....... .................... -------- J.4 Cxst of thc...;:; definition of .................. .......... ..... 1 A3 . ................ ncglcZted by CONTRACTOR...........................13.14, other Work . .7 . . . . . : . . . . . l, __ . 7 . . . . _, , :_ ; .7 OWNER May Stop Work .... P. 10.. OWNER May Suspend W,k ........... ...... J3.10. 15.1 RCW4 Work at Sitq: ...... .......... T 1-7.3 Staiting tha ... :l: .... 1: .... ±4 Stepping by CONTRACTOR ...... Stopping W OWNER ................................. 15.1-15.4 ,Variation and deviation authorized. - ffi inor ....... _5,6 Work.Chan_g'cDirc&tiVc—' claims pursuant to. ............................................ JOP definition ot ................. ........... .... 1:44 principal references to ....................... 3.5.3. 10:1-10.2 'Written Am endmcnt-.-- definition principal references tq,,, ........... lll_o, 15,5A0,15JI .......a .......... !..6.62,6.82. G.19, 10.4 10.4; I.Z- 12.1, 13:12:1 14.7.2 Wfitten Claii11c2iUms and interpretations .............................. .... 3.6.3.9A. 9AI Written Notice Required— by COIM1CTOR ...................... : ....... 7.1. 9. 10-9. i 1, ....... ; --- ::. __:; .... : ........ 19'4,11J. li'l by OWNER .... ......... 9. 10-9,11, 10.4. 1 ill, 1314 XV rs)CW aNam coNDiTibNs igio-a b4go Etirnom wt CITY OF FORT COLLINS MODIRCATIONS (REV 91991 I I 7 L I I I I I I I I I �' I I I t(TFifs �iigg lctiltilank intentidnatly). I I I I II iJ l'=:=ft9==qNS(REVfM) 11 I -GENERAL coNwnom ARTICLE L-XiUMMONS Wherover:used in these:(Jener-al Conditions or In the other Contract, Doocurnents, the 'following'tevas bay-c' the recani nsindicutod',which. sic, applicable eta both the smgu . !tkr*,plu.mld=L J.L Ad&jzdd-=Written or grathfic instruments isaied price to,the opening of,Bids which clarify,, correct or Fh]mge the Bidding Reqwremints� 6r the Cintract Docurrichis. - u . Th A greenzent— ewrittencontractbetween'OWNFIZ Snd CON-TRA_CTOR_.overin& he Wcrk_ -o Se perforped-. other'ContractDocieentsare attachedt6.the Agreement and'madee u part heeqf as p"'id'd therek- 1.3. &tIcation�or Payment —The form 2dcrixod,hy JWGIN Riihich ivto be'used by CONTRACTOR in is to he rcclucstlr� progress or gred payments and ac�com . panted -by .such supportihg do6uffientalidn as is k - utr&K .q y the Contract Documents. 1.4< Asbestos -Any miteritil,"t confaLns more thfinoic percent asbestos and is'friabl - e or is rdc�,ashcstos fibers, ,into the air aboke donee action levils emblaed hy'6e. .United States OLWpatibnal: S4fety and. Health Admiiiistritilan, 1. 5, Bid -The offer or, pqaposal of the bidder submitted on the prescribed C(vm setting fbrlh,therpn'CeSlfor the Work to be performed, 1,16- Bid4ft Dorunionis—The advertisement or invitation to Bid. inkruaions.to bidiler_% the Bid'forr;,.and ,the,propcired Qiltiiaci Documents (including AAddenda' issued prior to receipt of Bids): 1:7, Bid&ng RequiiemnuTtic, advertisement or invitatiortto Bid.'Mstnjctions�to bidders, Ra the Bid form. Bohdr=Performunca'arid Payment bonds and other instruments of security.." ' 1.0, . Change. Order document recommended :by. ENGR4 MR,which; is - l- d, by CONTRACTOR.and OWNERand'authuri= an addition deetion or, revision in i1i Work, or an adjustment in the Contract. Priceor the Contract Times. issucU on or after the EffeLtive Date -of the -A&eemwiL I.W. Contract Docurnefirs2he Agniern&n4 Addencla (,which pertain to the - - 'Contract. - D.6cumen1s);. CON'rRACTOR's . Bid- (including docutrucritatioa acccimpanyiiyg� the Bid and m4 post Bid 66uEeritstion su ' liniitted prior td the Notice of Award) when attached tis an exhibit to the Agreement, tie 'Nrcficc to Proceed; the Bonds, these .General'Conditions, the" Suoplementary Conditions, the Spe�fiovls.artd thi Drrlwiagi as the (199 0 Utiab, W/ aTY OF FORT OOLLI M MODIFICA nON3 tmy AVOW) saint are more specifically identified. in together with ally ritteri-Arrefidments,' ports.mil.d.rawings referred to in ??.are not Contract Documents 1.11. Cqwraq* Prjce—The !pwFvT payable b .y OWNER to CONTRACTOR far o=p!cfion of the Work in accoWnce with the Coritnact Documents as steed in the Agreement (subject. to the provisions: of pamgmpSl V9.1 in the ease of Unit Price Work). 112. Contract nnzex—rhti numbers of days or the dates stated in the -Agrecovent: (i) to achieve Substantial Completion;, complete the Work sothat it. is ready 6iidericcd� by -ENGUNBER's final pi**=i in accordance with paragaph 14,13. 1.13, CONMCTOk—The persom firm or,corporation with-whon?.(jWNEk has artured into thcAgreement 1.14. &ficlive—An adjective *hirh the word Work rofers,16 Work that is Lin or deficleht in that it does not confbn not meet the requirements -of any randard, test or appiovii) reLenred to netts,. or has Wit damaged fxi6r. to, flemia6cm;of final paymrnt (unless 1,15. Drawings --The drawinp,wMch show the soope, extent and character of the Week to be,kirnished,and pciformad by CONTRACTOR .and which havi been girejxi6d'or Approveclby ENOW UR arid are -inferred to yin the Contract, Documents. Shop drawirgs' ire not Drawings as so defined.. 1.16, Effeefive Dare of die Aimentent—The &te indicated in the A 'ree- g gient.on which it a�iIbecbmesifrecfiv� but if no:WaMisIndlicated4l in'caus ft" M"7date ur14qi the'Agreement: signed and, cleLiviered by the List of the two parties to signend deliver. - WIM, MThpersari;* 'AM :or corpmai.ort named as such in the Agrectrent. 1.18, EVGMER's CormuUant"A pason. 'firm or cEirponation hiving it contract with MvGINMR to fumish services. as ENGD = 'a inclepe .p.ndent- professional associate or cons�ltant with resp'Lv*t'tb'Lhe. Project and wh6 is identified as such in'the; Supplementary Conditions.. 1.19. FleLd Order. —A- written order issued by, e46m= micii orders in ificir changes in the 'work"M acc ordimcewith paragraph 9.5 but which does notinvolvo a changein the CWciotoe Contras Tim s: I I I I I I I I I I I I I 4.0 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. 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 i20. Ganerid Regyleemeirr�!Sections of Divisioti'1 of the Spe6fibitions: 1 -2I. Ka.,ardorir.fi•'asta-Thi lam llaauikws Waste "Ill nave' the meeting provided in Sech® 1004 of the Sulid Waste N#s osal An'(a2 USC •Section. 69t13)'e's amended ircrni lima to time: 1. '2.a:. Laws'.arid Roidakuns,: Laws arRegdlanons--Any. and all applicable• laws Hiles., regulations, ordinances,'. ic'c&s and, ciders. of any -and: all;go—eiitmerttal bodiis. asmcirs..etaharities end courts hiiiing jtrrisdictioa• 1.2ili. Legal be !hose holidayi observid W'the.City of Fdrt Collirm�- 1 3: .Liens=Liens,, charges, security, interests cr cncumbrarti upchrealpropertyorpersotnlptmpany 1.24; ,tdikstone--A principal event specified in the Contract•Documents'relating to m intermediate completion date• c :tinge prior'to Substantial Completion of all the Wdrk_: 1,25. Notrce ,ef .twmni- A. wrinen notice hy, bWNmi to the apparent successful Bidder stating thu upxi compltanoo by the apparatt successful' bidder With the caiditio'r precedent crrwrtcmted themirk within the lime s*irt OWNER twill s'renatid deliver theAgtcegtertl. 1.26: Notice to Proceed. -A written, notice given. -by OWN, F•R to CONTRACTOR (with i copy,to ENGINFER). atzing `tho date on which `the 'Contract Tines will' commence to run and on which'CONTRACTOR shall start to perrorm' CONTRACCOR'S•' nbiigatiorts. under the Contract Documents. 1.27_ OIINER-The public- body or authority; corporation assomatiort firm or person with Whom CONTRACTOR has &vcred into the Agreement and f6r. s}ttom tttg We rli is to be provided: 't 28, Patflal Utilisation -Use. by, -OWNER of a substantially cottilqcted part of the Work .for the purpow' for which it tend is intended (or a related purpose) pronto SiAkaritial Coiapletign of all Wort`• 1:29.. PCBs-Polyc}dariratelbipheoyls. 1:30. P ilrolrlm=Petroleum: including crude oil or. any fracrimt .thereof whit wis ligiiiJ'at staritlard,contiitiititg of, lempetature nand pratsure (GO dogr'ees Faturntieil and 1�{.7paunds per srltrare irti:habsoluti), ;such .as oil, peuuleuin; fuel dil; od slue, aufrefuse;gasoline: kerosene and al milted with ather ram-Hazardous.a`astes arc! mule oils.' 131. .Projaci-The toial,cbnswctitm of Aicwtbe' Work' to oe pruvnded;untkrthe CcnttactDocttmiirt nayb:jh6 whole,, or apart as ittdicaledulsnwheie`ut,lhz Contract .Documents. 1.32:g 'Rai6oactive Lfaterid4 Swrce .special;intclear; or b prodwi.material as defined by the Atomic energ Act of -etcvcOR102 MCONINTIONS19ro3t0OUsdi6m)l w/ CrrY OF FORT• CUI:LIM MODIFICATIONS tRW,:aoDo1` 1954 (43.USC ' Section, 2011 ,et seq.) .as'amejtded fribm, .timedo dine. 132h . Rexul6r Waif nine Hulas Regular working flours are defined as 7:00am - to:.6.00oin..uules - otlxrwi'se 'stiecifted in the General Remiiemems. 1.33. 'Resident Proleci Rcprrset tatnro=The, authorized representative of ENuINEER• who may, be, asigred to the, site or any, parf tlivcoP: 1i34. Samples=physical examples of rnateiials, equipment; or workmanshipp that, 'which of 'WN nano portion ,of the and which w4blish the sutndarda lij .which.sicii,�anon`of the Work -will be NdB� 1.35,. 37iop' Umtvitigo All drawings, grams. illustmtiw�s, schedylei and other data or inform dor which are specificallyy', prepared anassemblixi by`or Fpr CONTRACTC submitted by' CONTRACTOR to illustrate..some portion of the 136 *eykanons Those portions of die-Cotttract Documents comrsung ofsvrittcn technical descriptions of matenals equipment; cmistr iZ:66n'systcros,ystaridtvdstaiid workrpaitship as,:applted, to 'the Work and. certain adrnunkriil ve dzfails epplicthle ttia etor 137. 5ubcvndueior-Aii individual, fimrorcorporation Having a direct contrail,"with CONTRACTOR'orwith any ather'Subdininc* for the perimmance.6 a pan of�lha Work at did sita . 138, _ .Subsianddl _ Completion ;The Work' (or a specified'part theteop Nis.progrgped to the point where. in uic opirriear of F.NGINFER'. as ,evidenced by ENGINEER's definitive certificate,• of Substantial' Completion, it is sutiicnently complete, in aceordanca wiLh the Contrict Documents_ swthat the Work (or:spmi6cd pair) ctui-be uttlried for the;purposos''for.which it"is mtcnded, or, H nn such.cerbficatc,is issued,, when die Work'. is complete. and ready for .final,poyment as cvidc'mvd. by ENGINEF,R's written remmmenihmroti of firutl'payment in accordance tvtdt,pttraVaph14,13' The ,terms "subsutnbally cc®plete" and "substantially completed' us appltid'toall or patt,bf the Work refei:to 1.39 Supplemenlaty Caufitlons The park of'.,the Contract Documents which' amends or stipplements these Gerietal,Caniilions: 1.40. Supplier -A manufacturer, fabricator;. supplii i distributor: materialminor vendor havi a dine! contrri with' CONTRACMR or with airy, SubtivMwlor to' Iiinish materiels or equipmimt to be, .in the Work' by CONT RACT OR or'any' Suboonn ctar. 1.41; UhdergrprmdFact7Nes-All .pipeliries, cinulwis, ducts. cables• i44res, manholes.''vsulis;, lank;wrmels br ether such facilities or, attachments, and any encasements bdritammg such facdities• Arch lave beer installed tn.&Tgi td to tarnish any of the fellow nt seijai s or materials: electricity, gases steam, liquid petroleum pi6ducts, telephone- or other communiciCtiom, cable televisidn. sewage and, dminage, removal tr;iffic or ather. (lot Firca [Fork —work to bi �id f6r on tbe:basLs of unit price&. 1:41. Work"The entire �completed *instruction or the va rious idcati'liable- - thereoPrequired to ' fim'� under the. Contract ecumenu;. Work' bok!,mcludcs and is- the result ofperforming or funishing ab6r.iuid 8irnishir4 and materials and,equipment into cT rating or furnishingservices and Oic construncmLa, p;= fiirmshing clqchm�E-, 'all is requirKdby the Colitrapt boctixticrim 1,44: Whik Clzii* Dirwctiw-A written dircetii-c to coNTRAcToK issued an or after the Effecfive DBILLof the Agreemem' and signed by OWNER and "recommended .by ENGINEER, ordering an or revision in the ENGINEER -or, 're436idi-S Ao differing :or iirtforasevn physical candiiioris imacr which the Woik is. to be jr.rfamed as provided in paragniph.42 or 4,3 or to eincrgcncibs under paragraph 6,l. A Work Change DirectiveI not change the Contract. Nce'6r the Contract Timm but:ii evidences thitt,thiia tort , c s'ciqkct, that the change Air'cc(Ld or dbetimeniJed by a. Work Clianja Direct!" will be ated a subsequently issued . .... Order following riegotiatiotts by1he panics as to its et- Ti airy, oft.Can or Contract Time: as . ..... in paragraph 102 1.45. Written A.rw?icbmnt--A written amendment,of the Coninict, Doiamients, siined by, OWNER and. CONTRACTOR on or after the EffeWv7e.Dati of the Agreement and normally d6ling,with the nonenjirw&ir9-, or'dontechnical rather than strictly construction -related aspeets of the Contract bocumants. ARTICLE 2-PRELLNUNARYNIATTERS DeBveiy Of Biiddr 11- When, CONTRACTOR', delivers- the executor Noceindnts to ,OW OWNEX CONTRACTOR, 'shall also deliverNI to 01VER,such Boi-ids as CONTRACTOR, may' ,bere i d 'fiirnisMnacccrdaik�withparagraph'S.1- ,quin; to -174iex 4Documenw, 2_1 401VMMshall famish toCONTRACTOR UPt'O'ten copies (unless otha*Lie.specified in. the- Supplemerittiry Conditions) of the Contract Docurnehwiis,iire-milsonably twci&vwy 6�thc,q=ikian of thi Worn: Additional copies. -Rill tie futttisliea.upon request; at diq cost ofrepitxiiicliori: Conwienceinent of Contract Timei,-. Mdde to Pruceed- .. Commencement -1. . 13. . The Ceitract Times will commenbeto run-on the - thirtieth day afier th;..EffiecrNe Dati.6f the Agiiement, or, EJCOCQEN&1AL COW.MOM-191" (1090 E"41) wl aly OFFORT COLLINS MODWICAMNS MEV -112 . 000) . if 4 Notice to Pr6oftd,i$ given. 66 the day b1dicaW in the Notiec -to Prccee& 'A Notice to Pi6cee'd maybe given at any time within =y days after Ih�E�=jpl he AgreemenL-4t, Tan!!. - Marong the Krk- 14-'CONTRACTOR -.-hsu start to perform the - Work� c�n thi date wvhen to rur-L but no WdrL'shall be done itithe site prior- to the date on; which thic,Co.6trictTinies oonmicrici; to =1 ,8efare,&a?rU4 C6xsrruciio.n - each pm• of the Wcrk; ly study and.ccaipare the tek and -verity pcnkct�t or WNUANZ11M Mr-MIJUM LUIT4epOn.arri CUMUCL, -, ribigutty. .or; discrepancy in the Cofitftia Is, unl* (,X)NTRACrOR knew or re=nably. 11.6. Within ten,,diys after the Effective! Date of -the Agreemad (unless sis otherwik specified in the General at tRequireents), CONTRACTOR shall submit. to ENGUIEE-Mbr review_; -2.6. 1. a preliminary-, progress schedule indicating the times (numbers, of days or dates) fiistartmg,and completiri die various micior the Work, ifiZhidin' g any, Milestorles T-eciftedlin the Contract Do64ment-w 16:2. a preliminary schedidiof Sinop Dinwing and Semple: submittals which 'will list each fequired submittal and the times for. submitdngjreviewinA-im.d ,ffimessin , 1'. g!_iich suhminii 2:6.11_ In no Case •Will a ._%'chedfile be accepiable iyhich,al[cws less than-21. calerxlsr days for each review by Enaineer. 143: A preliminary schedule of values ffir-all of the Work which will B uklude quantities and prices'bf iteins aggpiegiitirig the Contract. Price: and will subdivide the Work into cmn,panentprtsliii sufficietil detail to serve,aii the •basis for; pka'g*ress -payments (*in& d6fis"citon. Such prices will in6ludt� an apapnate amount of overficid arid profit applicable to liItEin of Work.. 2:7. Before any Work at the site is stirtod, tfl Cb;RAUMR � AH, ' AWAshall e64i deliver to tWe ethff 0 with cu-plics; to "_ Ad6ione-1 igsl� ideiu+ ENG[NBER oertificatis of insdrand (and' Wier evidence of ultsusunice 1161IZ---- requested OIVNW- -which M811, Mg 1,03AINER F-s'--yLS required purchase acid malmaiii ifte :accarilarce 'with Pi,econstruction qonfarence -il., -Withinilveray-ditys dftd the Contract Tit I mm start to run. -but before any'lVari at the site is staritad. a c6rifircylEe appropriate Will be. _ held to. establish n working understanding among the parties as to the Work and to, dikiiss, !he' .;nhichilis referred to in paragraiph 2,6, =cs f6i handling Shop - , , A ro Drawings and Q01iir. processing prillications, for 'Payment and malmamingre q'ired-rcoords- . u litiltingpAqcgpia, - . , Scheduler 2.!> linless; otherwise * Field to review for acocptabiliiy�jo ENGINEER as priiii -s below the iltediilic' submiticd in accordance v CVNT KAUFOK shall. have an aikhtional ten Clays to make ;i5niTectionsaind iidjustments and to com-plete and resubmit dw siltedules. NOLprogresspayrtient shall he made 16 CONTRACTOR 4n@ dwschedules are submitted to and acceptable to SNOYINHER as provided. bci6iv. The progress s&dule.vill,bc accertabie to ENGINEER: as providing on orderly progression: of ,the Work •to comoletion withiii any -- 'MUsturies and the spe�o ContritaTirres, but such aemptance will neither impale on I RNGINtE nn� i III the Seqliep�i sclic-dulir pr. in mg or proff .9 nor interfere Mn or relleve to ENCYM.FR as providing'n woftble reviewing and, irokewng the rcqL ARTICLE'3-001VFMC'r DUCITAMNTS: Ufr]KNT� Intent 3,1. The' Contract Dbaknefits; corfijim the entire agreement between OW&M and CONTRACTOR ocirwernihs the Wink The Cohirvict Documiiits are; complementary: what is tall for in tMP y one is as�biind*, g,asif called' for by aIL' Thc,;Ccnimct Documents will' be - rains rued in accordance with 'the law._617 fhe*placc'qfthc ,project. 32, If ii:ibe intent of -the Cofiftract Docintlemi;to 4 W1 crry Okw FORT WLU M _Mqf*�&TibNS0R911 420411)), describe R functi6nally complete pf9ject (or part-thertoo .to be cclru='cted in accordance" with the Contract Documents. Any Woik-,. nikeiiala or e-ifytipmerit that may reasonably, be irtlerred. , fr(inl,tlic Coritrict, Documents or ,(rani P . reval-iiii. g custbm ortradeusage as being rccjuiied to produce the interided' result 'will be ilknished.*d perfo-rTnod,w-hether ornot ;spe`cifically calUd,f&. When words or;Pira , sels.whicha a liv *h�v allknowd i6Dhav:hI of construction industry ,or trade meariig' are .used ' ' dcscrib�i,-Work, uiat"& or iquipificnt such words or phrass:-shall be interpreted6th thkt in pcc6rdaQ& % MWni%.rCWfiCa66WS.Wdlairpreiat'w-n"s'at-ihe* (jm_6_ud Dociimentsshidlbe-iimed'by'qNqLNIO as firo-q4edin ,pam9 rMA. "B, _P. 33:; . ,Referm6e., Ili •Switilardf and Speciji eadmir - qj-, Technical'_ 3bcieliis, R4w6j wid Re;bmnli 33:1 i Reference, to standards soccifications qr on the'E no Bids stated,in ar. ily, miplicalion,- ."[I mean the latest or,- .during the perform -mice of.the Work-, rok, disedy,,.ers any' conflict; cftr, or discrepancy within the Contract or bctwcc'n tk Co ' ritilact Documents and ion or any such LaNi or 'Regulatiari o the perforinalci* of the Work or of any iLsilecifii:mtiiik rilimial'ir (56dii or -6f any fiany Supplier referred to in paragraph 6.5 , TOP. $hiiil revorlAl, to, ENGINEERin plement to the Contract Documents by one of4c methods' indicated in r 34 iYovided however. that stull not be-liableto OWNER or 6ill"to, report any such Conflic% ija�Wor discrepancy unless or rcasopal;ily sfold have, 11 Except as otherwise -specifically statea-in the t Documents or as may . be vided by amendment or supplenreilt illereto wil 97we orthe riillhodls indicated. 'in -P'2'M-' " h 3.5. ' Or 3-6 the' . . 1. 1. - . .1 - - paragraph provisions. of"the Cantrict, Documents shall .take i . ir&nice ih resoi�ing any e6iiIiia" eitur, Umbiguity, or:discripancy.betwecn the:Pro-v4sions of tbe_Contract bovumail:5 andL, .33.3.1. the provisions of .iiry such standard, by Miction (whether; , or '. ifib. - at ay,incorporated refeicncin the aritract cuments); ar a 3 ' 31,2 the provoon' of any such' Laws or Regu,8,10 'Icahe to L} a performance ,of' die. Work pf sueh, an. :uJa ��C now (unless' Zess ,p ft L w �r in v'olnon of such , No provision of any such standard, specification; manual; code.or *instructiiin shall be. effective tq charige the, dufi6s mfd; ; ponsibilrEor ties -of OWNER, CONTRACTOR ENGreslNEFK W-any of thAr subcofiirickks, consultants, agents or employees from those set fibith:tn the Contract 1kocurnc_nt% nor ;;halVivbe effective to assign tnOW96R,* ENGINEER or an- 6PENGINEER's Cisniultilid's, agents or empigym:any duty.or authority to superviie or,dircer the Runishirig. or performance of the Woik or any duty or authority to undertake respc;nslbilify inconsistent. with the provisions of "raph 9,13 or any other Ormisimn of the Contract Documenm 3.4. Whenever in the Contract Documents the terms"as otdci,cd`,. '8'3 directed"; "as,requiri&, *as allowed', "as apprcwpd" or terms of like effect or import are used; or the remem �auecnon, revtew or waldati, m*g'crwinL the col with * requirements of and )ocamefils and, confortnam the completed Project: as a fu is, a - SpeiifE adjective " d*kii*_ THeLise of Mo any suchterm; or shall ;o;vbi effective t6 assignto, 046 MIER any duty ck'authority to supervise cr direct the ftiniihing of perf9pmar�cc of the Work or any duty of _ _ lJ denake responsibi .1465rity to undertake VI "ham to the tirovisions of pkrRMprovisionof the ph 9.13• or any a by Ainendng and Supplementing,Corroud Dacum emig 3.5. The Contract Docurnenti maybe untended_ to provide fit'xr,'additlbnF� deleti6its,phd reVisions ih:thi Work� or . to modif'Ote terms mid _canditons &iejf In one or muteof thc'fi3UbNvM 9 ways: 3J.7 a Change Orllcr (pursuant Ld paragraph I - 0.41. .cr- W1 CiTY OF FORT, COLLIM AtQbWICA110f49 (REV -1/2,03U) 15 3: .a Work; C*ge Directive (purse tit to paragraph 10,4), 3.6- th •addition; the requiierntints, of the CoAtrAct Docurnerifs may lxminor yiriati6ns and Work MR �e "d0i C)r=in Y, a an _ in one or m owmg.ways: 3,6. 1 A Field 0* (Pursuanit. to Para 5.5J grap 162 EqGlN=ia*qvp!'Rf a Sbop?Dqkwu.%or simplc (pUrivanilo;panigzphs6.26 and 6,27). or 3,63: ENGlIC-Eks writttn iiderpr5tution or claTitipation (pursuant tc, parairaph 9-4) Retire ofDocrtrrrents: 3.7. CONTRACTOR_ and 'any Subc6ntractor or Supplier or other pm -son -or organization fxifbrmirig, or ,furnishing, any �of,thc-Wdrk i]ndcir a. direct or indirect contract -with QWATZ (i)shall net have or, ad - I acquire any fide to or, .ownership nilits. in any. of the Drawings, Specificatibm qr other documents (qT, copies of any thereoGpreparcd by 4 bearw' the wsl�4 ENGlNF13R__or. -ENCY NLEEP,'i CpnsulEaM-.andV(ii),shall not rcuse: any, of such,Drawings.S ciflcati&m.othiTdocum6ntscr in ccpl!:s tin emensions oftlie Proiect,or any other orciect,without .wntten veriticauton oramptaUont)y hNUlNbhK. ARTICLE 4—AVAILABILITY OFLANDS- SUMURFACE AND 151-MICALU C&DITTONS; REFERENCE POINTS. Ava"tu& ofGar ep� 4. k. OWNER shall. furnish.psiftftwed,in. the Contract Documents. the lands upon which the Work is' to, be performed,'rights-of-wny and easements. for access thereto, and such other lands which' are. designated for the OWNER shall identify,any encumbrances or resinctic not of general applicatton but specifically,telated to rise la." so furnished viili'wha CONTRACTOR will ha to comply. in. perfci4ing.'the Work. Ea4mentr 1 CONTRACTOR' and OWNER' are un6le to fqgcc on entide-nitint to or the 'mount or exte-d of any adjustments' Ln _ffir Contract Pr6E or the Contract. Times is a result or any Oc!ay ih.OWNER's f6rnishingthese lands, fights -of - way or eascxuent , CONTRACTOR may makea,claioi therefor as piovidM in Articles-1.1, and t2- 5. I I I I I F I I I =VZior ad and O that' may be riquired. .flor km6urary, .wnuruciicn ficilitiei -oi storage 6f' materials and equipmerm 4.2:1. Repbrti4hdDrawings: Merencc1smad6t& thc.suppl.emcntaryqmd6q'ns for idcnilUation U., 4,2 LI &6slqfacv Con&dom.-, 11 rePOM5 of, egiloralibns end t-cs'ts-of'WSsuiface.c6xhtibns at or corniguous.idthe,site.that have _been,iitiliiedJ:� LWOAMR'in: picparin g thct endCyritmc, Cko6umcnM,. 43.1.2.1' Pl9sicat C lons: Those,drawings of physiml'cenditicns inarrelat' - to existing surface or'su cc' cturcs at or ccnitiguouii to thc's6 c4iderkrouiid Facilidc; ,-that hiivi, been u by E OfNEffR'M,.pT0 --- _paruig ontrud. Documents: 4,2.2: Ltinired Rellance by COXIM��,k Aux ?!-ad" T"xJFai1',D-ata:, CONTRACTOR 'nnay'mly �upon the genemilac M-='ir of the "teihniCOUdata" contained 4ri,such. reports and drawings but such reports and draw figs airi riot Contract Documents. Sdch'%echrilcal data" is iderdified in- & Stlpplmciaary Condifions. Except for smh reliance on such "technical -data% CONTRACTOR aidy -not rcly.uppn or makelany claim against MWER,-ENGOtEll or any of ENGINEER's Consultiints with,fc:.*ct to: ;V the completmess of �siicbrcports' and drawings W CONTRACTOR's purposes,. iriclu&M but not limited to, any aspects of the, mearis, methwtechniques; 'sequences.' and procedures, of oonstruirion tb--be employed by CONTRACTOR awl &gety precatttibris and .Programs m1de,ni thereto or 4.211 other data,'interpretations, opinions and diforniatto'n 6ontaincd'Ift W61triooru or shown ifidicatid' h dra psuc wirigs, or 42.2.3.:any CONTRACTOR: ifita—prs"tionof or coriclitsionjkuwrFt m inytedi" data' -or 1airy1 such data, Dpiir:ions, or 4.23. Ar-ofice 6 f. Differ6ig Subriuface or. Phj� sical Cbikfifiatk. If, CONTRACTOR believes that any subiurfii�c.or physical W* nilition anon ccriligti - ous 10 thi add that'is unociiad or revealed cithei: 4:23A,.- is of such a nature as to establish that W -ted, inical data' on%W-fqch;CONtRACTOR:is, entilled'f6i My as provided in pragmpbs,41:1 t and 1*, .2. x is i n a** tcri"s U y a- &cW- m� le, gi- *23.2.I is of'sui:h a,nstorc,!aSto require a. - ,change in tie 'Contfact.Dcicom - cni& or 4-733, difforn materially. kbnf that ghowit' - 'rDCDC GENULA4 WNU'1710M 19144 (1�)U Sdiiical� , indicated'in the Cbkt-&fD&-u*ntsk or 41.14. is clan unusual mime and-diff&s materially from! conditions erdinarily TcouriEcro, -oriel,generally rec"o i 'ad'�as - inherew., nt w(xk of . 9111, thecc rirmtidecl' for in the' Coif 6t Mcumerits..'th6riP n an emeigency as notify OWNER, and )ut such condition, CONTPACTOR,,shall ne-A fivilier.disturb such conditions or .*" any Work in conn'6ctio,n--th&-cwi(" - ,ih -- �Xcc�t as afuiesaid) until receipt of written ordu.6 do so. 42.4. ENGINEER'S * EN Re,mz GINAER willin rio pt�y. . review ee ,w thpertinent .-conditions, *termirw the necessity of,OWNER's bb(ainiadditional ecploretionor - tests with !_esr11ecJt'6d_ etb'mid advise OWNER in writing (with a, io 'CONTRACTOR) of firidings=nduslons, 4,25. Pos0k - Contract Docamina, -Change: if MOINF.ER cone-ludes that a cha*,ifi the Contract Deccan erns isrequired a3a result of a, cur druan that.meets one or more of the cate9drici in paragraph 4.2.3.,6 Work change D&&-Itivc - C) - r a qfiang5 Order Will be issued,as provided i * n Article 10 to, reflect and dommer-it the. ;consequences of such change,. 4.2-0i Pd.V01d Price and .;rtines .44'usmigrar: An equitable adjustment, in the 6rinact, Piioc, or in, the Contract3imm or both: will bealJoWid to the extent that ,the ocistrikii, of 'suich;unedvered of revealed c6nditibn causes auses an tricrere;0 or de&easelln CONTRACrMs cost of; of time required tof PerlbkrraC tha',�Vork nce�o ; subject, however,, 16 the "16vi* :. 4.241, such condition must' meet any one or, more. of 'the categories described -in limugraphe; i.23; 1 Lh:r4 Z3A inaIudvq; 4.2,6.2' a cha*- in the Cofitruct. u Do�ffimts uri pursa to p a ragmph, 4.1 51 Will,' rj�*- be an, 'automatic a6tficiL�atibn of nor a. condition pratetiuit loentiOciiat,toitfiysuch adjustment; 4..2,6.3 with respect to Wick that is paid tier on a, Unit Fria Basis, any, adj"us-trad in Contrat;t' Price will be .surged, to *the: provisi6n_s 'of- hs p parigra 9t!0..Ui1dI1,.9;and 4Z6.4. CONTRACTOR shill�not bexhtidcd to_ii� adjustment in �Lhd Contruct'Price I Of Times 4.2.6A.I. CONTRACTOR knew of the ,existence of such cbriditioris at the time cbWleAcTdR',msdc a final commitment 1o*O1VNER`iif re:p of .Cb;iwaa Price and Contract, Tirns,by"die submission of 6 bid' or becomirg -bound . under a' nij;"tc1contnct: or, 4:2.6AZ. the existencc of such condition could reas6riably have beir, di6cciyered or tiveiMed"as A m4llt of -any, gation, explorsuiom test or study of the site and -cdafipous areas by Pid6*. Requirements arC.Pntmbt Documefits ' tobecon ducted by'or 14TRACrOR prior w CONTRACTOR'S mat irg such finali .commitment or 4.16A.3. qaNtrR.AkcToR ' failed to, giv�, the'urrittein notice within the tiirac and as rNuirvi by pare grup, h '. 4.2.3- OWNTERand CONTRACTOR we urmbli.to agree -on tittement to or as to the amount or. ldn$th of any such uitable-'adjustmeiat in the'Contanct -Prize'or. Contract mes. 9 claim may he made therdbi as. pim-ided in iiaes 11 and 12: 'However, OWNS K ENGINIMR and qG[NI3hVi Consultams. shall notbe' liable to DNTRACTCR'(14 any. claims, -cb.ds, IMS"Ibir damages stained CONTFUNCTOR-otf or in coTinecti6n4rith,any 41J., F!hjaicaI'Contffdons-UqdqyMand Facififiex 4.11. ShniviorInhYcated- The information and data. shown or.indicated, in, did ContractDoWnieniJi With respect to qu" Underground 17�'Cifitic'$, at or contiguous.. to the site is based on inforfmatrawapd-dats. ftinisbea ttowm, or FNc7rNFFR by the owners or such Underground Facilities or,by jothers. Unless:itji 'otherwise evres* P! u-vi&- d in the , Supple -, efitary, 4.3.1.1 01NNERand 64GINITER shall nut be responsi fb� the accuiac' or o6mpleteniss dany such ation ordain; iiiia 4j. 1j, The. cod of all of the ,follow ing will be included in ulv,- Contruci Primand'CONTRACTOR shall have full reTonsibilit, ylor: (i) reviewing.tifid checking all such id6rintifiomivad data. (4) locutk4 all Uhder'rrPundFavilitir . s showmar irnhcated'm.thc Contract, Ducumcrds.(ih) coordination ol"the Work with the owners of such Un&rjround Facilities during construction, and (iv) the Wety and poldo Von'of all such.,Und6ground Facilities as provided in paragmpla-6.20 and repairi%, any damage thereto resd1trig liom the Wait. 4.12. 4 Vo1'S7xnm*or1h&c%dd&. If an Underground Facifity is. un6overedi or�ie�lid- a t or,contgUcia,to the -Site which "S Tint shown or "nticatodL 'n'the or. =C16M.%Y 11 tfii Mile! FJ=GENRALCONVIT10M4 191" wiCITY OF'FORTCOLLINS M061PICATION9(PLEV-1/2 . 000) Underground Facility and detennihe the- c�aen� 'if any. , o- which a change is re quired'm-the - ,Contirgict Duents to reflect document the consequences of the: wdstenc'e of'th'e Urder . genind Facility_ If eiGm= LorrJudes-tha't ioduige ih the'Cort-d:r, Documents isY54Uired. a Work Change Diredtivt,ora Charge Order Wt be issued as provided in Article 10 t6i.reflict and,docujnerd, such cviase44cn= ' it such time. CONTRACTOR %hall :be icsPqnsi?1M1(r, ilic-'siay iind' protection of 'stick ljr*iground F =ided in pnm4mph 6.2Q. C R may be allowed an increase in the Contract , (trice br"dn -wem-ori of the Contract 4 Times, both, to.the odent that they arc attributable to the viistihcc of any Undergaiunci Facifit* that was not, shorn or indicated ih the Contract Documents and that -CONTRACTOR did nofknow of and -could not reasonably have been &tpectcd to be awiircof or to'have ariticipated. If OWNER and COLSTrP ACTOR are unable to Agee on entitlement In- or the a M-dunt-6r, length of izny such i ad'ustment. n Contract'Ptice or Contract Times,()OPRACTOR�nmyr make a claim there-lbi nts provided in Articles 11, and 12. Howev'cr,, OWNER, ENGINEER and ENGINEEKs Consultants shall.nof be lizable to CONTRACTOR W any. y claims, costs, _losses: errdamagcs . incuffed'dir sustained by CONTRACTOR*on or inconnecuon with any other projector anticipated proica Reference PV&1W 4.14. OWNER shall provide c*ncising _Survcy% to c%tabUsh refereo,,r points ror construction - which. in ENGVEER's , judgment are necessary to enable CONTRACTOR W, prxced with ithe Work; CONTRACTOR shall- be rdsponsible, f6r laying.out'the Work:'shall shall protect and preset " es6blished reference points,aiid.4tall make no c1iiin"g"es or relocations without the prior written approval of OWNLF, CONTRACTOR: to ENGMURwheriever any reference point V1,0571rdestioyed* or ioquircs relocation because of rteqcssary charges it gades or loqations,. and "I be: responsible for the accurate replaceinera or ielocation,of such reference po'nts b'y-. proldssiinill y ttalified personnel 4.5. Asbestos, PCBs. Pi&oleum, Jr1azffdbus.Mdde or RadlOadh,e Afaterta 45.1. OWNER shall be responsible for arw Asbestos, PCBs,. Pctrcileuin; JIa:!ard6us-'Wdste 6c RadioactiveN6terial uncovered or revealed ai the site which was not . shown or-intficated ift;Drswirgs:or- Specifications or identifier( in the' Contract Dddurfidftt�s to be within the'—scoix- of the .Contract *aKd .which may 'pirdscrit a substantiii danger to pe'ribias or. arY eP� �therctolh 6orincaion With the Work t-tv- site, OWNER shalF not, be responsible for airy,such materials bro- _&� - ib the' site- by p0mclkActok, -subcontiaptors: Sug-M 114or nnycne, else for 'whom �CONTT . OR, is responsible, -7 11 .WDC GENLKALCO,'a"OM]9io-S(199()Bdifio6)! vcrry6f roR-f'couim-kiQD*I'CNn'ONS'(P.EV4/ICW)' ARTICLF,S-DONDS-Ai VJNSIMAINCE: Performance, Paimad and Other. Ban& 5.I. CONTRAC-TOR.sh&U famish, Performance aid PaYmerit BotxL% cadf in an amount.m.least-equal to the one year a e:�cept as or by such other Bomis -as = c s Proviclod Oth=wisc by Laws ar Regulsti6yri md ,wcccuted'by such 9wc'Laws as ikm . nsm-cd to 'the; current' list of' 'C ompanies Holding Certificatce. of, Authority as Acceptable SSuretiess 6i% Federa lRhs ,aW Aihle Reinsuring_ Cgnpanics"asplblLshed. in' cl�rI�r 570 (amended) y the ,Audit StiffBureau of Govesm,ent Ftnan8ialr Operations, U,S�T r= Bands De�itrnent All - Aped by am agent: r� d i -d ogpy'.of such -agerW* authmj*ty io Z�npmic by: cat, & 61. Iii the surety ,on. arty Bond, furnished by- 'CONTRA(-;f(59,,i!r declared'a �ankrupt or- Noomes �iftsolvent or its right to do busiri=-is temirfatc-d-Wany !b where W whear* part ofthe,'Pr9ject . is lo. cated or . it ceases to of parag mph 5. V, CONTRACTOR shall,:within ten days; tliaeatier'srbstiaite ftnoth6i Bc.ind and surety; finth'of which mu.-i be acc- eptable bi OWNER. 5 5.3.- a.qd4nbRii!ii;,bwiJ!CaId 53'1 0 RA&OR idiil-1 dcRei;jobWNM wW-jc�to ckfiadcfia" U c-d4&AAffied in the other other- kC0X7'R4CT0i6 LiabiEry Insurunci: 5A. CONTRACTOR shall purchase and maikain such liability and other iumiffinc-c-as is S-PP rate for theWork- being .� and f4mi4vid arias twill provide Protecti i from claiiin S_ set firth below which may arum Out -of-cc result from CONTRACTOR's Ocrf&mance and ftirnishing of the 'Wortand CbNTRACTOR'5'other obligations under the C6ntrucf ' D�cuimcnts.. whetfiWit.JiAo fiore , performed' * Furnished b' - CONTRACTOR; any, !;u X bcordractcr or Supplier..or 'W ' indirectl employed by any,aflhem to imiform or furnish only,of Work, or,by anyone . for whose acts any of them may beliable- claims under woikcr§!-compensation disability benefits and others-imilar emplcycc bencfit acts; 5:4:2!' claims for damagcS.because or liodil di - ' ' y injury, occupeticsial sickricss' or scasc,or death of. CONTPACTOR's emliloyce , 5A-3; claims for damages because ; . I "" or bodily injury, sicknesalcir diwa_wixw'deathnfany person 6thir�than CONTRACTOTseniploym% iridired by GONTRA-1 sihp,, &eoses, wr oLhef I feawm , 14.5. claims for damages other then to the Work itselE because of �irjiiry to or &kuction'of fangibli Property loc ated. includinglos's'. of-iuse resulting t.bete-fre m-,. anV '5.44_ chines for damages because of;bodily injury or. d&Vh of nk; pecs .m or -property iQmage aristre- out of the imvncnaiip. miiiia ace or use of any rhotur vehicle. Thi policies of insuraire so required bythis,paragraph 54 w be *chased arid makitained,gliall; I 5:4.7, withrespect to insurance. required, dry ps . nagraphi 5.43 through 5.4.6.indliisivc qW JA,9, include as' additional iwdicd-s (subject to, any c6stomiuy -mlasich in' respect of Piorassionat liability)., OWNER': ENGINEER - ENGMEERs *Cork3ulfans ii ad anyothapcnrriz or entities identified in.the Supplimentary. Candiiionsall of whom shall be listed as additional mst reds and include coverage for the respective officers and emplcyee; • of all such 5.4.8. [[26lude, the spe6fic, owerages •and Lie, Written for irot'lcii than the limits of Liability F&ided idtfic *Upolementary. Cdnditi ion's or required by Udr NWs,, Reguliticns,'Whi&vcr isgr6uir. 5 ,9. include com0lttcd.0!xra I tiops i ns: . umnec;' eJCwGENwAL,C0wITI6t9I" 0990 Etitiqi) WI MY OFFORT COLLiNNM0611F ICAT10743 (REY 4/2b[10 .5.4.10. miclude._ contractual. Iiiibility insurarice, d6vering MNTRACTOR'i, indemnity obfigaticirs under pgu 3 graphs6.11 6.16 wid6 I dinitigh6.33; 5.4.11, contains provision .6i coverage aff-ordid ivill not -be changed or renewal refused un crier Written notice has beeii-o of insurance fumishecl by . the DR pursuard,to pamgraph53.2 will so ,54.12. remain in-effcut at least untilfinal payment aiidatell times diereafter,%vii6ffCON TRA(-�TOP, be Correcting, rern-am-S or replacing-ckfecfive �Tca in ac cordanbc with 'para graph 13: 11�. iuid` 5.4.13:,,with respect 05, c6m 1�t 6d. -Peoperations insurance, aria any, .. u I wura I iice covcrage wriftien. an a c1iiins,madi basis, reirtiftl in effect fix otde= Vivo yeah flir futal,paymcnt (and CONTRACTOR %hall tumnsli .0iVNER Yand:ca4i other.. additicital irisamd identified in tF6 34ppicriterakry Qonditicris to -'who- m- a cenificiite or. insurance bias been .issued 'evilmoc satisfactory `to OWNER and, iuclii,;Wditional insured or continuation of such irmiranci at final payment and one year thereafter). OWAMv Liabigty Insurance., 55. In addition to irKi6rancwt-c-quired tobe provided by CONTRACTOR under paragraph 5.4. OWNMI at. OWNER's option, Ima-Y PUITU-Iliasiand maintain it OWNER'S c.xpeW'OWNER':; own Uabibtk insurance as ,Will prpwctowNtkagainst cliiims %v rkiy'afise rrcim, opera protect ufidr the Contract Doctirtients. " 7 __ - Nopero, InsiLmnee. - C . A. f -I-- of die ell' Weh . rwiy—ba;-pr4widod_--m--thei 8 , UPPI I eme . 5-.6.1 --- Include— titeresu -4--GWNBR;- ENC;DA;9___ is -deemed. to 56Umat un't) at lau -M mai'sw&Oh o0h.1 sm 4momw, them. fu �S.IILAI. -leas dtle lebusinemi O'D n- b6y6nd—'dir6ct" shall not. be rr*o='bla. for puruhas mi any Propat 4suxirlcc 16' P!V.;q the FFUXCTO& Stiboontmetors m othersin 9 'ble a imp 8 6 ltt axTcGRyDL-XL CON=OM 1 91O.S 19(jos"m w crry oi; roR-r,'couj.m -AdbDipi'6Aii6mi.kw 4 a wo), —'-k and the affiG&C', dift6t0i-S, eillpleyOeS W4 G�iFAS Pf tif!� B(IhMff- Receipt and 4pplicadoor of Injutunce Procee(h.- S. 12. . Any'ifisi=4 -loss. under the pbUiies of insurance. required by-, ' Mgraphs;5.6 and 5j will be adjusted with OWNEOWNERUrnade able, 10 ash :f&the insureds. asi . thrirldemb --. I-.a' ,- subject to the requirkfients of' "qup I4.0I Moe dBuie avid of Paragraph 5;; 3. OWNER .she11,a, in a separateB&MM any moneytso received: and,shitil distribute it in acc6rdiuricewith sueli,agreeuteru as the. partac"in interest may y rettcf? If no 6thii is reached tfie . — damaged work "I he repiii6id , or rcpiaccilthe Mon cya so received' appliedona' vocurit thereof vind the Work and the orist,thereof obvercd by an appr-opriate,Change Order or .A Writtenmindnent., ' I . 5.11 OWNER is fiduciary shall.have power to adjust arid' .vse ahy Jos& with the, insurers unless, one, of the, pardesiiirt est shall objcci in. wiHiting vithin fiftei-irdays 66�jrrince of lass to OWNER's.exercisi of this pow - er, if such ohjedioi &_-_niad5 UkNSIZ.,as fiduciary shall make settl6rucht with the insurers in accordance with 'sui:h.agreerrient as,the parties in inteiEst ritivy. renh,If 60 such qgrei:rrient among the parties ininterest is rcached, OWNER' as fiduciary shall adiust ind ' cttle,the', losswith Accepkwce 6fHamb and Inmrance,- Option to Replace: Insurlince. U OWNER, finds it riccesmity to occupy oi. use a 16ris of the Wo* portion or pom prior to' Subsinfitiali 000) 5h of& die Work; %kh use or'oc& iplished in accordance %viih Parag t1fit no such use or oocupancy s hall provittintt the MpatVL 1115tiraMt: shall, consent by endorseciiiall on the .poh"cy.or licies, WE' diti pro PC-ty insurance sluill'; Icr permitted to' lapse on account of-ainysuch partial use or occupancy.. AKFICLE."ONTRACTOR'S' MSPODMIKUTIM ,6-1- cOM,RAcrOR shall vipervisc� i and . pea direct the: Work cutripetently and tfficiently, devoting suchattention theicto, am , applying such -skilk, and i oqxrtise,as.-rrigy N no=mry to performthe Work in *accordance . Zith ' the '�Coqtri& ' Docuinerim C' CONTPATOR -shall hcsolcly�c i9le f4t�he,vricanw' methods,_te chiriitqws; seq . uenom and: pracedurZs "of, construction, but CbNmAcrop, shall not bc:�rcspomible for the negligence (Jfotheus' in the design or 31 xcilication of i specific nicans, method technique.se4tience or Ivoceduri U conitriacti6n- which is shown drindicated in and, expressly reiJuired, by the Contract Docurfient& cbarRACTOR dhall,'be responsible to- see that the completed Work compiles iiccumfcly with the Cbritrut Occurrients. 62 CONTRACTOR shall keep on the Work,at all Uffies duii* its en - progess a competent test-dt superintendent who strall not be replacedovithout written fidice—to OWNER a,MI* ENOWEER- except under parkordoryoircurvistiinces.- The siuperintendcntwill'be CONTRACTOR'srepreszntatjve at the '.W* 4'and'sliall ha' Huthority4to act on, *hiill7,_qf C6 OR; All' commurucations to the,,supaadendent shall be as binding qgs if jiven to CONTRA OR. Laboi, Miagiak and E4uEpmaI.-. 63. i:ONTPA(-,TOR sha11 provide � c suitably -qualified pawnriell to survey, Jay consItuct the Work as reidtired bv' the! or plolect v. site, or all W&k- at the:site shall.be-perf* workiij.-ficitift and CONTRAUG overtime work-or;the performance of Suriday or any legal laidily. without 11 1 ' 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 6.4: Unless . otherwise . sliecified i th�dGefiemh Requircmenv�; CONTRACTOR shall 'elish .. nsitime Cull rmparaiinj for HU mataiiih, eqdijiment. labor., trdrtspatitiom,construction cquiip'nient-,and rpqcKirxry.- lianccs,.fucl. pqw-er. [Tft.Au:a.t._teIcphone " war&- fbcilitiesl temporary 1soilltres iind " 011 othii facilities and' ificidaila I& the furnishing., ,perfdnnance,,testin& start UP cind completion of the Woric 6�, ictiLw. gt_ Rist CONTRACTOR t Uty's: urc e hasing restrictions: A copy of the resolutions are available for review in the offices of the s Risk Miniiazement Division or the CZM_1_k "Purchasing and Cement RcNt6ctior& Fort Collins Resolution 91-12 1, ires that a, LIl—Orsand mothiloas of -cement or products cuntaining;ccerad to certify that he oc _ t great *was not made in cadent ,kilns that, bum hazarilaus; wage as"I Fuel, 6:5. All materials and' eq'di pment . sh' all he of goocL quality and new, except as othawism-provided in -the and Documerits, ProgresirSchabile:. the; kind materials -6.6.- .CONTRACTOR RACT I OR 's - hall adhere to' the, progress .c�lc established iniccordwicr with paragraph 19 as it maj.be:';ldj49W fr0!qtime tStirneasprovided,Nlow' 6A 1. CONTRAC ' TOR.-ishall submi;,to INOUE M- 11br RD'oepits m (to, alit extent indicated in panigmph2;9)'prdpo'sediadjustinents in-the-progross :schedule that. -will Pot charge1liwContruct Times (or Mleszones). Such adjusimenim.%iiU-conform ,generally to the ffivigress schedule their in effect and ailifitionelly will, comply www aqy,,_prov'isiw'i of the-G-e-iiial- Roquirements applicableifi&eto: 6.6.1 Propowdnaiustmentsm,tha-pwessschedult thii6vill Lhayige the*Cbntract Tirries'(or Mf6kqrsis) shall -W submitted Inuccordiii.with the requirements of oragraph 12:1! Such adjustments may only be. mide.by a Chariffe Order d'Written Amendment in ace . ardancie with Article 12. -6.11 'Sub*Wtabnd•ffar-kqua" hem*.-. 6.7J._,Whcnt7va air ,gait: bf'roattiiAl of Nuilaticat is speciftied- cedaZib6d in the Contra& Di6ourrents by� USU the name -of M TMM�10, i,prwncla !tan or. the 'neme of a. particuW-Supplier. the,speci icationar d iption,m ifitakkil,to esxsbi�li thr:type, function!'asnad,.quality required VM6,Ithe specification 6i disari "I I ption, weacait 12' wfcriYoF.FoRT-00'WM.MQD*1 I C- An , OS .NOLEVV200 . 01) contains'* is follo*0 by wqrds, reading that n6 h1c.p, iqui6kinit or Oor-equ&14 4torn or no substitution is, permilt4 efh& items. _f I - �.. _ items o metals ar equipment or matenel ur,iquipriientod other ;Suppli , =,may be accoie'd " by EN . GINEEP I. _ui�a 'the following 'C1rCUMSt8FXZS: If in bNGIN�s role discretiona . n item of I material or -equipment_ . 1�. proposed by, CONTRe CfOR,is fimctioimlly no ctrarge in rdateu work wtil,be req4xeUL it may be considered by ENGMERI,iis an � I , or-equ - al"itim., in''Which Which case review afid;A*ml- of the priipma� "'item. - may;. in, HNG(141313R's' salediscre'tion, lbeaccdmpUshcd, without c6ripliance twilhi some or all of the requirements. for, acceptance of proposed suibstittacitem 6.7.1,2. Substitute hems; If in ENGINEER'isolc clis.cretion, an item of matcnal or 'c'qumm'm: propEis'ed by, CONTRACTOR does fiuvqusilifyu� air "o'i-e_ 1 -1 item '-bli�'piph6:711,,it We 0 item under su _ will be considered's 'proposed'substitute item: CONTRACTOR shall subfiiii sufficient infrinnation as provided below, to alfavy! .ENGINEER Idd6tefniine that the item of matcHol ,or equipment oro used is,essentialWe-quivalent to is . use as the 0a View by tW ENGINII-ER will no air' supplemented in The IS. ' and as ENGINEER' may to under the circumstancis o'T?substitute'llcins vent �d`fnot be'accelited try i anyomi other .than [CONTRAMR wishes to hsawii.item: of m,acciial or, :ACTOR_- shell first. make- i ENGINEER for acoq)tance it the proposed substitute will he hii-ictions and achieve the lie &oeml designbi: "similar any, to the On .Acro ti6n, on riodcptefice of the su will requuv * a char Doc,tim'chts. (or in I direct contract with 1'rojed) to adapt t substitute and y*!h d4he'substiMe in'l subjcct to,paymad.c. All Vitrialions of the specified will be ides avadribl; mairica an service' 4111 be iiidil also contain im item achievement of :, whether or, not uk,n the Work of the Contract 61% 6f:any otlx:y for work on -the to, the proposed *rpuretion or'ast: Nith - the Work is any liceri;e I Mqsubsti lod'Llic of : repair and A.xL' The ali .d estimate c dirloct-tv or it lion - will cogs or illy from, 'Costs of ,affected by the' fesihing changes .4.6f. which: Will be considered' by IN-GINEM in evaluating the lioliased "substitute: EN`GINEER' may r turd CON`M�kCTOR, to furnish i"tioiW' data Mi 6.7.1,.3. a-)NmAcroxi rxpenq.,:- An data,- to be provided by CONTRACTOR in. support of any propowd."or-equal" .of substitute -item will, be -at CONTRACTOR's WW'tTU`&_ 6:7.2." _Sitbkintle Cuialruchun A,1,Mhii& or Pracedurec. -If a specific means, method, ,technique, qut. Ise . M&i or proccckrre of censiructimi. is shown. or q 'indicated: in :and expr&Lily required' try. the (,ontmet Docuy�_co�Aaoz may fumL%h or utili2-ra substitute meats: midixt technique. soquenue ter proxclare of constniction acceptable in,ENGINEER. CONTRACTOR' "I.submitl sufficiant information to allow'ENGINEER'in'lN CY INIBEWs sole disdrerian-la, ic omdure for review by 'ENGINEER.. will: be nilgtwhaf pnvide4fi subparagraph _p,6611,2: 633. Engineces Fvaluazion., ENGINEER wilb,b� all.ow'cd aje. tasnnable time wahin'Nvhich to evaluate each proposal 6r submittal _ diade- pur-suanL*.tu- Pa'iagraphs6:712.and ,63,2. ENGUEERWillbothe sale judge of acceptability, No "or -equal.. tv substinfle, will be ordered, inswiled'crr utilized without evidenoed,by either a Change Order. or an approved .5hop Drawing. (AYNISR may. -require CONTRACTOR to . Furnish at C0NMVTrOR's cWnse a special peilimpance gua*tee.or- other quety I . with respect , to o arty ty or -equal' or substitute. ENCINEER will record_ _.urne required by ENGINEER and ENGINMEIZ's Consultants in evaluating substitutes pr'opqwd or submated by COINTRACTOR'pjrsaizid t - o'panVgmphC6;7,I,2 and 6.7 I,a nd, in ,making changes in the Coronet Dojuent, (or in-ihe provLsionsof any other direct contract with OWNER *f6r wA on the, Reject) occasioned, thereby. Whither or nd FNGINBMZ kcadpL�a substitute item so l5roposed . or s6bmWed by CONTRACTOR MNTRACFOR shall reimburse OWNEIt W the charges of -ENGINE-R and GNGINEERs Consultaitts for, tiritluatiw .each such prqposedsubstrtme'Mem. AEL Cancem,ing 'Subcon ' ciars, SuMfiery arid qu 6.8.1- CONTRACTOR shall not iemplcy* any Subcuntructor,,Suppker or other person oror&ninnion cuicll�du tb6se acceptable to 'OV6t-R7' and I]NONEER as indicated in p&ragriph ti:8.2),, whether iritial&! or as ra. substitute. agits Yhom OWNER. & U not be re,qiuired to er.or other- person or, itof the; Work al icasonable BJMCGENERAL.00ND1M0kk119lVR (1994 Ethliwij WICITYOFFORT COLLIMMODIFICATIONS (REV 4/2 . 000) CONTRACTOR shall Perform -riot less than 20 percenn of the Work-withimown: firkam (that is, without subcontracting): The'20percmtreauiremmt sha ll be understood to refer to theWurk the value of which totals not leadthan*20 percent of 1hc,_Contr46 price. 6.9.2. Lf-llw-Supplmteiiary�. GM&Gorrs Biddj6S P§_M_nC_n_q rcq=c the id.c.nd.ry. of certain Subcontractors. Soma ur other persons rsons or organmfirini; (includ these. who ire to furnish the 1 '.� - -- _mg . -1 ... . - .. . to be princips items of materrals or. equipment), to sUbrarifte&,tn OWNER, date pribr,tu the Effective bate of the Agrcmeni'for, of 'NO :MOCCPMnCC DY* V%VNt:K- or 3f any such Subw 6tr,actor, Sdp.pIibr or )r orgiNiation shallcomititute 4 waiver, 69J. CONTRACTOR shall be fully respunsibleto OWNE- and ENGINEER for all acts and omissions fthe-11Subcontractors, 5upplicts and' other persons and orianim, tions perform,mg or flartudting any of the W6irk timler a direct or indirect- contract with CONTRACTOR just:as COA W RACTOR is responsible -for CONTRACT-OWs awn acts and omissions: in the Cbhhuct Documerits shall aeate r6r IL19=15V .of arty such Sub6ritma6i, Supplier or other perkbn or -do- qrgar,= n any contractual relabonship between OWNER or ENGINEER and.any such;Su6q.iJnuaxAbr,'Supplier or other person or organization nor. shall it,Lrcate any ob4tion on (he init of OWNER ar-ENGINEER M- to pay ur.to ice to the payment of any, migneys dud arty sueh,.Subc-imitiactor, •Supplier or other p&son Or urgariczafion 6tcept as may otherwise be riryired, by 13 tio'l. CONT,RACrQPL3oIJr .Woble Permits 'rschedulm �aWL�;ee kofzitct•�U pliers arid & person�, and n�iIILl o utim[ioi'4,vfff&mig 91 Aurnshik my qf thiCon tin Work under a ditv&or iWirict oun i with Wrigruit "KeWHIMMMIZA 6.10. The divisions irid sections 6f the Speicito-and the -idefitificano of p ensDmwitishall` not control, CONTRACTOR in dividing the • Work among, SuboWtiactors.c;r'.34p,lctrlieri,or. drJin ' mtinjj., he,Work:tQ he by anytc trad e; _ ; Patent keei and ftqfuftin� 6,12, CONTRACTOR shall Pay ay all license fees .and royalties and assurrie all cu= incident, to die,use, in the, perionnance of the "'off or the inuorporation in the- Work' of any. invention, desigm proccsa, product or novas: which is . Oksubject of pkent rights or copyrights h4Pby otherr. if a—particy q , - , I -rocess, pioduct of devi6d' uIvcn4* c�esig% p as specified, in the Contrect Doemments'for Use in the - Performance of the Wb&, and if to the actual knowkdge of OWNER is 12,70INIER its usc-is,subjc6t.to paicturigib or, 00pynghti nlliitg,o the payment ofany flcen4 feeai royalty to dhiK the =' tefice of such rights -shkU be disdosW'.by,O.WNEkiii4ioC6ntraviDucumerds. Tothi, fullest extent permitted by laws and- Rtgulatiori-, CONTRACTOR -shall indcmnilyL and hula barmlem OWNER. ENGIRML �ENGINEERs Consultants mid d-L-, ofoc;rs M ,� 44*torr, employees, agents afid�atfier-_LIC- iltanti of &dch,and any ofthern fr6m_,and "against all�claimsc6sw' lus=.and datniges "idg,uut.of o'r:-rcsuft fr I om,E"iy irdringe- nt Wt n'gh6.o'r_.(Xx rights imm'dant tO the: TS N '21y ro - or r_' Lirtrroin tfie kncotptiafion in,ice: Woii,, imrcntion� A of'ariy. eSti an. proem �prcduc�tqr device-iiot'sp.milied in the contrah 14 ,WDCGSNL7,%L COM"OM 1910-8 (190966m); v crr)r of FORT cowm MODIFICATIONS OtEVVIMV time Wand liceri-SM7. OW what I when necessary. in xenon; "to the of such utility sudi is. oliult 6.14. LawsandReWJ"unr 614;1. .•CONTRACrORi- -_,IAH give, all notices, itud COMMy with all l,hws and Rcgulatlrmarplicableto Isacid ,PCrionviar6 or the Work. &xcept Vvher6 othffrwise exPreW required by, applicable Laws vid RquLation%- rfeither. OWNER nor, 6NQYINERR -shall he responsible' W monitoring CQNTRAc-r6k'i'-compliance with any; I.A-WS or R*la6M!O 6.141--7f Coli£TRrV.7biz paforrits.any Mirk- 6owu% orltuvirig reason to know that JUIs tontrary, ,to Laws or RigulationN' CONTRACrOR: shall bear all, cNims, cost%., losses and damnues caused: -hv- make certain that the S*, i fications ind DraWings arc`in acwidano-e-wiih, [,am and Regulatienc but this Shall ' not relieve' CONTRACTOR of colqTkAmoR, 'obi a ' under paragraph igghops paragraph 332; t-mces", 6.15, CONTRA0R 4tiall ORY all ,Wm cmmmer. uSe. and Q7 other similar ti�,requircd lo'be- paid by 'CONTRACTOR in aci;ordame with the. Laws-ard Regulatiops of the. OW . of the Project ,Laws -arc a0plkab.le during the perfortnance of the Wok- permanchtly imorponated into the, gpqmt. Said takes - shall not be included in the Contract Price. :Address' Culorido Dcimment, bf Revenue StataCapiml Aringm. ) 375 Siierman'§ Diemen Colando..80261 ;Sales -aAd Use Tries, fir the- State. or Colorado.. Riaional Transportatidn-Dikim(RTM and,cennin Colorado ootinties are" collacted.,by theState of Colorado "I aff- included,, in, the Certilicatiod. of Exemption- All-amifilb,l,c�lcUse State collected 1. 0_ Items other than constriction and building matefials Physically'inomporated into the be id WCONTRACTOR. and ara.tci m ,utio n be bid items. Use of PrentLwr 6.)& CbNTRACfOR, shall confine corstructicin cqui.pm.. the staiiige of materials ind*cquipment and the workers to the site and, land: and aicai i::iu'Gcwd6 permitted by the Contract 136cumcnts;and laid rind • areas. permitted -by Laws, . an& Reguial tiqo, rights-ofwzy, permits and casements, and, shall' not unreasonably ericumber'the premises with constructiori I - equipment. or. -other materials' or :equipment. CONTRACTOR shall . assume ffill,rcqmnsibility farty damage. to any such land or area, or to the owner or OCdU . OhL thoictir or of an�y adjacentlandorarca'4 resulting finont the pcitoiniancg of the Work. Should any claim -be made by any s6ch �oivncr. or, ocLupa nt bccausc- of the oerfdrinarica'af-thwiWark, CONTRACTOR: shall promfidy settle with such other 'rly . pa. ' by negptiation or othavAse by the claim � arbitration or other -dis 'pule ' resolution ", reso proceeding oi at law. CONTRACTOR shalt, to the fullest Lxtentpermitted 6y LaWN and Regulaticm5o' indemnify and holds harmless: 'OWNER. UNGUIBER. INGINEMs Cormuitait and arridite directly of 4ulirectl f - y employed by any of lheirn.•�ni-and ngairm-i All cliii4'Eosts, losscs*and in es a out of or, result it claim of action, I or c Aable.-brou fbranry Z-oiincr or .c )ccupant against;OWNER, 5NGU-JFMR of any other party indernrifflid hereunder to the-extent'causied by or based 6.17. During the -progress of the We& CONTRACTOR shall ,keep die premises 'free ,from acinimuldficifis of waste mafc6aliZ rubbiih and Othtr *"is iesul4rig firom the WorL At the completion of (he Work CONTRACTOR shall remove all waste riiiatcrials, rubbish .and debris from and about the premift5_7as well as*all 'tci6ls, appharic es; coroft &4dipm-crit arid machinery afi& si#ltis materials.-. CONTRACTORshall leave it site c1taii and ready for. ocoupax . icy 'by OWNER. all Substantial) =do,f the Work. CONTRACTOR shall restate to t4tall'property not designateed,for alkeitition ,by dii; Contract bocLuicirk 6.18; CONTRACTbRshall not load nog permit ariy.paft of any 4rdatire to' be kodcO '111.4ity matimi that All. nor shall-corfrR.4molk sul>406t any part, of the Work or aliag;nt property to strcssm or Prrswo thit will eridariwr it. Record 0&6uhiji"tv waxoEm.AL,coWiTi6migio.4 o97u Eli ai) WIC11YOFFORT C0LLIMMobtricATiom.(3wv.iqabo ,,6.19,.. CONTRACTOR shiill maintain in a safe, place at ,the site one rectid capy'of'all Dnawings. Specifications,' Addcnda;.WriV[cfi 4mcndmcfils, Chiije drd&s. Work Cliangd Directives;-, ' Field Orders, andi written__ interpiciati" and clafifkatkins. (issued pursumt to paragraph' ' er aannotated 9�45, iii good oid M,ta 41oikr all .changes,made during w construction. Therecord OnIngetherwahAll approved Samples and a =co r it of'.all approved Shop DniwiriV Will be 121p,a to ENGINEER for reference., Upon omp"lition-, of the Woik, and prior to releasi, of final payment, them iAnid'dbcumcnts, Samples.and Shop Drawings will be &livered to,UNGINVER:fdr OWNER. Weryrued .pro.kvdon 6.26. CONTRACTOR shell' be responsible for. mitiatih& maintaining and- ImpEr'vising - all safcty precautions and programs in cofinection with lKi Wbrk. CONTRACTOR shall iaki all rmcossary' pireca-u-tio-M-fiar the safetyoC.and shall provide the necessary protection to prevent. daniage� - injury brIlosTt(o 6-20.1- all. perions on the Work site ex who may, be iiiTutcd by the' Wiik 6.20.2 all the •Work and mitc-rials andequilliftient.to, be i timiad their � whither'in siom' e mcmp con, g on or off, the site; 2rd 6.20.3. other property at the 'site'or adjacent thereto,, inchadims IrCCZ6 shrubs;. law-n% walks;, PaVemcrU - - 'Lilittims nM 'UMeWound roadways, structures, Ul Fa.cilitics not designated For,rannoval; relocation of repiac,:Iicrain,&coum,a,co-nsbue.ion'! " CONTRACTOR shall' winply-mith all applicable'Laws and Regulations 4any lijbh-cbo-dyhavirigjuris&ction*for safety of persons or'propertty. - urn or. to� protect 'them fe damage, injury or loss; and shall erect and m-iiintain'all rWce.5s%n, safeguards thr such -'safety and p-iotea-loo. -CONTRACTOR shill notify owners- of u(jaderiL property and of Underground Facilities and utility owners when prosecution of the Woik may affect thiiin, and %hall cooperate with them in the protection, removal relocati(in and replactimat of their,propeity. Al damage; irijdry or lost to• any pio —ty riferired to in paragraphs 6.20.2 or a 62ca 0.3 used. dlectiv or indirectli. in whole or in part; by eiriployed by attv"of t4qn-L6'.pcffqirn wfurnish any of the Work.or anyone lianwhose acts any -of docm may be liable. shall, be remc&d by -CONTRACTOR (except damage or loss attributable to Lille fault of Drawings -it SpCcifications or to the acts or craimbnis of OWNER or ENGINEER or. ENGINEER's Cmisidiant or anybne•emplcyqd by any of ,them brany,one for -whose acts any.of them may be liable, Eind*not attributable,,dirwily or indirec ,*i iitwliole or in gulut,.to *fault. or negligence of CONTRACTORpr Arartyu b6imiructor. Sup6lief or other- toemm or orgarrization Work 15. 11 I 'notice t and d' INTRACTOR in,accordance ,with pqp Jlt`iat tqho�Akrrk is acceptable (a&-pL as othiirwise expressly provided ne in connection with Sabstantiiii Compl5fiwr)., &,21: ! Sifeiy Reprembldvi: CONTRACTOR shall designiota a qualified'. and e,pq=o4sarety,rcpfescmstivc at the site whose duti= and reqxiaslilitim shall be the jpieveition of accidents and . I ' the - _T�MWIMIng'Mdsupervislngq_f safety Precautions Find Programs. Hamra Communication PiolmnF.., 6,22, CONTRACTOR shag be' f6r material safety, dale shects &r other hazard'communicndbri information , rcqw' ed' to. be . made. availableto or exchain-gid" between, yr. among, -the" cinjilo-yets at sittic in acccw6n6e with laws :or Remilatibres. 6.2.3. In emergencies afrecting the mifety.or pmwfibn of . rr1tr" or th�-,Work or--properti-Y. at�,04.site,4'4;accnt aCONTRACTOR,: without spcciil'instruc tion or ,aud icirinition fitim OWNER or ENGINEER is abligatedto * as, to prevent tlicatened damage, injuiy or losi COshall give ENGINMR prompt written notice WCONTRACTOR believes that any: sigrurictint a a-,n gcs in the Waik or varia tions om. the. ContractDocuments - have been caused thereby. 1f *ENGDJEER dctcrffiinathat z,change in the Contract Documents ii required because,orthe' action -taken by CONTRACTOR in aMpik Change Direc, rtsppm to'such an emergency,five or Change Order Will' be issued - to •ddeurfiefit the consequences of such atnion. CLU, ShqpprawingsandSalftpler -6.14,1, CONTRACTOR shall submivShop DruwUnp, -to ENGINMER'in accordance. f& review and approval with: the accepted-,schediiii: of, Shop DraWings.and Samplt subm"s(we paragraph 2.9,). Msubitiifials Will, be idwdifitid'as ENGINEER may, reqUire-and in the hum-ber of copies, specillied ih the' GeneraF Requirements- The dam sHown on the Shop Drawings"' tMl be comoctc With respect to .quzntiti4. iiimewons specified ormance and desiZn crftna. materials arid similar "'.46'show Mq,GN M. the rnaliriiLi; and equipment CONTRACI'QR 'pro - pq,=A o =&.wfd to enable 13NGUC-ER to re-vidiv the ation for the-4imited' . purposes qUirYe ed by I '. paragraph 6.241 comixACTok shalt aiso.stttimit sampiaju ENGINEER for 1"4- atulspjroval, in aoccidarb&.e with said, acoi:OW schedule- of Shop Drawixigs: and Semple submittals Each Sample tvill. he uterailied Clearly ca otherwise 5kDC'09*;FLALe,0NVM0M 60-8 (199' 0 EMM.), IC VV? CITY 01; FORT 00111M M6DLFiCAr19N§ (FtFV 407000)' I piupasis ied pa The numbersof each Sit mple t6 Z= as specified in ilia Spe ,c1f, oils. &'Al.,Before ,submittihg c1i6_*Sfi bra " w. batnple, CONTRACTOR. shall' have ilMetrained and 6 1' '4' araidis'- d 2 it llau numberYspect thiFeto,, 6:25.1.2: all`nutltaials with -- I einteded Usc.fab=ton, I C, assembly and ton.pang toe' pertbrmanctoftheWA, MW 6.25; 1.3. all; inloiftfintion relative to CONTRAC;l70RVs6Ie tesporsibilities in nspdt of means, meth.ok rechm and procedures or constructionn cty precihdiarti arid programs inci drit.thm.to, 'CONTRACTOR iihall'.Alsa have reviewed and each &6p,Drawifig 6i ShMplehith other Shop Dtawir;gs :and. Samples and ' with the -,mquirements. ',of the Work- and ,lire, Cantrbet Doctiffierim 6252 _Rach submittal ,will hear a'starnp or;spqci c VMtd; ind capon enAJ,T RACTOR Vs satisfie-d CONTRACTORS- obligatiom under, the Contract to C&fRA�T(jR!ar Documents with`re� review and. approval orthat submittal. At --the, 1,rteof' vack or n a writterixommunication separate Ircim the till; a'ixL in additiort. 4611 cause -la spetalie, n to be rutidi-on each Situp Drawing, and i submitted,tii UNGINEEk-'ror rev", and A I al ofxach-such' vanaticiri. rGINEER wM' review aft(f a*dq Shop nd'Sarnples in accordance with the schedule of vings and Sample submittals accepted by ZAP required paragraph 2.9. ENGINEER'Sappr approval w-al be only. to dete . imine if the items the submittals will, after installation or n i t- the Nod-, dbnforT6 to the infitmati6n in Contract Documents and be eirripatib concept of. the complcto, Project as• a whole as indicated -ky the , Contract ENGDJMWs review and approval wig rot means. methods: techniclum so quenoes or of cmstruc'ticii (except where a particular 111od1 ta-8hiii'que; scoerim or pi'meedtini of 1 construction is specifictilly and.oxpressig,crilled far the. Conirtict'D6mments) or to safety prCCHU00M or programs incident thereto. The review and approval 6f a s mte item'as suck will not indicate aly in which, the item ftinctidris. CONTRACTOR ilitill make oi3rriciio I MIr 1 e. qx-r . ed by.- ENGINEER, and shall'ietirra,tKi required number of corrected copies cf Shop Diawiiigi and s r*ired'm&'Samples for review and approval CONTRACTOR shiill.direa speamaitention in writing to revisibris other than the: Ze� - called for by, ENG.IN..-=cnp.revi.ow-su.bm.ivals. ' &.27- ONGINEFR's review and approval 0, ,_ f Sh6p Drawings or Samples "I not relieve ON from res - st . bility for i6y'"'ruition lidmIthei rei:luiteineiits of the Contract ,Doe aimciits unless.(OWRACTOR has in writing called ENGINEERi attention to each: such variation at the time. bf subrdission as required ,by. paragraph 6.253 .and ENGINEER has 'given written approval of each such variation by a specific "written notil4onth6v6fific6rporatcdiiic*Ecconi nyingtheShoo Drawing or Sample a*ova% nor will 4irry- approkil'by- ENGINEER relieve CONTRACTOR .from ,reil]i"ibility fOr 6orripilyin'Swith the r'equirem" of jiapgraph 6 25-1 6,2$.., Where a Shop Dmwing'or'Snmplri is required try the Contract Documents or. the schedule of Shop Drawing and Similile sidimLisicirz accepted by ENGINEER'- as. required by partigirphI9. any related Work per6med juror to EINIGRNHEWreview and apprbval.tirthe pertinent suhmiruil will beat the sole exommtand'respaiisibility of cmuR.AcTm confin"gthe'Work, 629. CONTRATOR shall carry on the Work and iidhew` to the progress schedule. dur4 all, disputis tk disagreemeni with,0WNER_ No Work shall be delayed or postponed 0imiling !esdutimi of any &ipwies or disagreements, except as permitted by paragraph 155'oras OWNER and Q0NTR.AGTOR- !bay- 6theAvj6e i-Cree in wTltmg: 6.3(l, CQNTJ!ICTOR's Catifid,' 1pltranty and. Guarmtee: 6 . Al..00NTP4.CTCR warmits tuid,-guararitees,to 'OWNEP, ING64EER ant)'ENGWEERs Consultants that all Work ivill bo'in-acobrdande,�Oith the, Contract Documents: :and 'UP- - W ' not -bi -defectivi. -CONTRACrf'OR's: warranty and 64.anintee �here6ndeir ixclurlcs defebtsior,damugemused I by. '6.30.1%1. abuse: mod Uation 'or improper inainterimce cyr'operation try- pir%6ni,othier.tbma CONTRACTOR; SubiA�crs or Supplierl; or 6.30,12 normal wear a�d'tear, tmdcr.fiarmall usage: 630.1 CONTRArTOR's obliotion,to.perf6rin 6W complete thc'W&k in acc4dir='W'hh ilie,Conftact .Documtits shall ,be -absolute. None tifthe mawing will! co6stitute an.icceotarrqe of Work. that Cs -pot in EK1)C0ENERAL,C0WI'n0k3 - 1311"(19WEA6ij WI MYOFFOR-iCOLLIM �iODLFIGTIOT'9 (REV IM009) -accordance with the Contract Di5cumentsjor.a release of.CONTPACTOR's obligilicii io.pLrfarm the Work -in accordance with tim Cokarid, Documents: 630.2. L. observa0bris-by ENIGINIIER. 6.30,12. recommendation of any.progress or. :Final payment,li EEK, yENC ,JIN 6.30.2.3. jfr, issurmcw of .a certificate of :Subsufntial 'C� pletibii or ary .paymentby bWq4ffG covirizAcTOR L�the Conbratit Documents;, _ 6:310.2.4. 'use or occupancy of the Work or any part theicof by.OWM;, 630.2.5.. any ac6cptanct by'OWNER or any failure to do'so;, sq;, 630.2.6., any, rirvicw ard upproval,of a, Shop bmWiiig Stiffil5lesubmittaLor thii I of a riotice of acceptability by hNUINEMpursuhrit ,630,2J., 'any�!Inspcctim tqsi'or"Opproval by, 6thus.. or 6.30.18, apy wrrtet M of &ji(Oe Work by, ,OWNER: Mdeuudfi*fiem.-. 6.31. To the fullest od6m Permitted bY Laws and against all claims;.Zosts. losses and damages (incNiling, gainot limited to,' Al' &ew and charges of engineers, archiieevs iiiiameys and 'other pioles8iiinals -ahJ all', Court or Hibitration or other dispute resolution c6sts) eauscd by, aiiiirig out, of or resulting l from, the performance, of "the Work; prov idod'thart any such claiffi. coit, loss or ilaniage_ (i) is k6butable to bodily injun,. sickness_,disense, or dedflt or to injuq to of destruciiim:6f (other than pier '1Vork_iWJq,_inchA_ i e loss of use resulting therefrom, and (O-L% caused - in Who� , q , r in pan by any'negliserft act or omission o ,CO OR, any Subcontractor, any'Supplier. any,.pers,m or organtzation directly or i-hilircaly employed by any of them w6erfornt .or anv of am Work C for whose iets arty mdemnliled hereunder or. whether Itabill - ty, is imposed trpomgm2 In ;d=y by Laws _and ..;Rigula,tions oftlie I f any Web; person cc entity- 632.'In,. ny and :all claimsagainst OWNER, or I. - LNGINT-BIZ or any wth q _ cir respect7ive'cibrswta,nts.-iagents officers;directors or employees bylany employee (6r the QMUrion,al.*ischtitveofsta_'arip1bye'e) of 70�:�ny-Subotacor. iny"SupPiCr.any rAMM or organization directly or,inclira6tly '"niployed by 17' any ot W ofi!telia IVthe anyone ty W� 4 iiidemnificatich obligation under aragraph6.31 shall not be litaitod in any way by,tiny'limitation on -the ajn6uid or type of1damages, canpensatibii-oi beriefits-irayabk,by or forCONTRACTOP. or, airy su&'Sub*tmcior,$iier.6r otherpctson. or oijani�ation'undcr.workene contpe4safiin acts, disability benefit ads or other employee benefitticts. -6.33. 'The indermiffimidon 111, atiuns of CONTRACTOR tfttder:pkmgraph6JI V not extend to thi liability 0_r_t3qdNENGINEER'S ENG6.R's' do'nisuftir it. officers directors, employ-em- -0r,qrms 'caused by the professiotiel negligence, exras oromtsstoas of say of them: Sia%it;al of061igati6xv 6J+, All representations, indemnifications warranties End Sua-nir" made at, kc-40ired bj, or ginn in ii&oidanec with'the Contract Documents_ as, well is- alt'cdatinu'irig". obligations indicated in the C4jnM4 Documents, ';wflll sourvive final pa)ment,._6o*eiion,and acceotanca of the Work and termination dicoirnpletiah -of the 4cimcnL ARTICLE 7-OTHER WORK Rdaied Woe* at MO. T I. O.VOMR,may perf&ffi, othat, work related"to th6 Project at the site `by � OWNER's own forces,' ce'lef Other ifirca contracts therefor which shall contain -Gericralf CohilStiom straillar 6'these; 'or have 6ihcr work performed by, utility owwrs, If the fact that sitch.other work. is to §6 lerfor qd was -hot 'noted in ihic'CoritraZt 06 umZers'(hcm (i) written notice thereof will lx;gjven to CONTI2�\CTOR pri6i . to starting' any Snelli other work and (a)CONTRACTOR may, make - claim therefor' ast p^vidid in Articles I I and I2*if CONTRACTOR 'Believes 'that such kirformance'will involve additional aspertsY to 'CONTRACTOR ok'wpires aWifibrial time.and the parties are unable to agree as to the amount or extent thereof- 7.1 CONTRACTOR shall affatil each other contractor whb is a p5arty'to,such a dire0i iontraci andeich titility owner (and. OWNM?, if. OWNER 'is peirforniing, the, additional work- with OWNM's employees),proper and life acct;ss to the site and' a r6sonableopporttmity for thi ihirthdilLtiory and'storage of miLlErials and.e4uipment and and cuordin provided in 81 Il.do all CONTRACTOR-shaffriDt cridangcrany:work otothem cutting, excavatting or work a will only1cirtonalter they w6rL withthe written consarit to the•ev cnil 'th-of them , ErDCOENMALCON"OM IR W1 CITY OF FORT, OOLLIM Mal?EFIC A.TIONS (RJW 412000)' pibviisions-for the-:be6ifit of CONTRACTOR ip:said direct contracts between OWNER and such utility:awzi= and other contractors. 7.3: If the proper.c.xccu-tion or res.uhs-otany part.of C0r,FRACTCR's`Wcft- de ' L work formed pends upon , , �Per_ by othcm -under this, AkRie 7.- CONTRACTOR shall in I vect. such other Iwark and' Zomptly report to 'ENGM-11A. in wrifing-any delays, efiects or deficiencies in such other work drat render it u"na"vailable or unsuitable for the jV'qPer?cx_ccuq d results of CONTRACTOR'S Work. CONTRACTOR'S failtie so to r'e M-4 will, mnstitiue,sn:ac«ptarxe of such' oilier .tvtrk. as fit._ end proper for integration' With ` CONTRACTOWs Work - except latent . or noriRppnr . entdefiegts nii.d"deficienciO ,in such Other work. CaaMWadak- T4. If OWNER contracts, with atiiers, for ffig perfounkitce, of other mod: on the Pr*ct at the site the F5 _ 116wifig will,he se t forth,in supp-leffinmr c Project Condiha'rks-- 74J. the person',,firm or cc4pctati6niwho twill haVe authority and; mspomsibility' for c6orartiation:of the activities F5ii6rjg�th,_- pariotis.primeFcontiacrohl will be identified; 7A.2: the specific -matte _ N to be, covered by such .author ity,andresponsibility v, 7.4.3; the extent of such authority and responsibilities will he pTtrividied. Unless otcrivise 17-0'vidid in the Supplemonti ;�Y._ ITY Conditions, MWER shall have sole authority and responsibility in rasp ct of such coorttiaition. ARTICLE S-0VVWER'S RFSPOINSUMMES. 1 8; L Except as otherwise provided,in theise,(jeneral Conditions OWNFF'ahill'issue all 6arriniciiii6atiorri to, CONTRACTOR through MiGZMT, 8.1. In case of termination of'the empl6yincht of IN . G9 4EER, OWNER -shall' appoint an e6ginecir against whebbi staiiis tiaer thii•C&ifriici DocumenCs "It-bi thk of thi fiarrri& MiGINEER- OWMR "U. Fum&h the,.dati required: of• bwm . unqeir the cominta Doc4nicirts, promptly, and shall- niake jsiSinents.ilc:CONTRM_70R orbinpok when thq,ui due as prw ided in Paragraph s 14.4.&d 14,13. SA., OWNERs duties in respect of providing lands and; 6asoncrits wKI providing 5ngu-wffw'* surveys to cstablish�reference *poira;%, are set: forth :in .panqpX4.I an&4.4.- Paragraph-4.2 refori to"ONVNER's,idernifying arid, maka 'Wailatil N ng�' c to CONTRAC'MR! copies, of r4d,irti•of eRplonaiiiam and tests of subs"ce conditichei Structures at or co - raigu I ous to the site diiii Inve bech utilized byENCITNEIRIZ in prq*nng.theCiiibmctDm-ti icTds. 015 ------ fartYj gra --- 5;6. OWNER is obligated to cxecute Clin'rige Orders as iaciwd in pairtgrapFi,! 8:7.-- OWNERS responsibilityCa of, certain _.Lin inspecti=, tests and approvals'es 1's' set' foiffi"Jim- paragraph 114- 81..S. In connecti8n With OWNER's right 1o' step Work or suspend'Work, see raragm hi).3...10 and 15:1. Pii�ph I5.2:dcaIs,with-'0W. 's,nght to terminate services br1coNrfttAcToR under cdrtame�damstihccs. xg, 'rha.OWNUR sivill not, super`im% direct or have oontval OV authority over, nor be iesponsible for., any and to perform - or fumish the sillility-m_-respeet-ef_undisabsed Wow SF RA4,sn vA site Set fenh iA pamgmpi�4.5_ lFaftdte*VMeM the Gantmete G;W;E - se - t-fert"-ihe pRnp I ARTICLE .94NMrEER'S *STATUS 'DURING CONSTRUCTION 0W.XER's!Zepre#nta!fv* 9,1- 04GLNM-R will ;be ,QVVNM's repm-_,cniuuivE &Tmg . the, constructio'n. . pcnLxL The duties _iand' ihe limitations of authority of W0041MR .is OWNERS rdstivC'. 'during q6n%6uctidn ariset,fort h in the C=Cv-Documeriti and shall niA be -eAcrided without written consent of OWNER W a�'ING Visits tb gle.l. 9.2. 'ENGINEER will make.viiiti to4v ike at intervals tf - te to W, various stages of, constmction as V ' h� MG, ElVdecius necessary ' "in- order to; 0 e as. -an, 'cid -d- -IifiM disi onil,th - CM pqmnen and qualified' . - _ . pro a prolit—, gn ( W1 CITY OF FORT COLLINS MODIFICATIONS (REV -1/1000) that of Work.... �n made and the quality, of the,viriou" RACTOR's .executed Work: BasedF� obtaiiied'duning such visits and observations. Z kill lendiwor for the ben 6i of OA14M to in j6eruk.'if- the Work is Prqccedirigin guard MIN FR-against 4 visits ahlel, on -Site 6bser,'v limitations on HNG&EEI set fbith -in pragraph,9. I lim itatiM, during oras.a.. visits- or observations; ENGINEER, will not sup authority ever, or tie rest mcans,,rhethods;,tcchmqu qqnstruction, or the sale incident thereto., or. for art} =With Laws midt rw goiperfi6mimcc, Project Repmentafive.. will grecopcoTidawt that irm genqally to the P6f sUcii Viiiis -acid 6;t- will Lee- OWMR if arid will endeavor to %V.6rk; ENGINFEWs it iubjeft to all the city and responsibility irdcularly, but without LNGI.NERRs on-siti ,,rrm-rows: work - of COWRAMOR to. aiiis applicabk to the and'ONG LNEER egrm ENGINE.SR SR lent Project RCfresen i, kao ve * to assist icing more conilituo-us o_bw'va_U'on,of responsibilities. ' and :authofity and .Or any such'Resident Project .assistants will tx as. provided in •9.11- afW " '.he �p- , __ General! CQitiowIT-0V,1N7HR mpreserdative,or agent toirepieserit the as 9-3 Ilt Represerdative's- -dealings in� mattersvc,tainirun the ort.:me work wilL in general; bewit the: ENGINEER and CONTRACTOR BuL the Representative 'l; kew LhA-i2j;2LERo .property advised -about matters. The . dec lines full only be ftaujab' ,knowledw and amroval of the CONTRACTOR Duties and •P lities: Rcorcscritative Review Ae. LTC_9_M13 4 I I I schedule and othir-whedules prepared by the; CONTRACTOR, -and consult. With, the -ENGDIEER concamfia u=tsbilitv: 9.3.j:Z Conferences and Mocting Attend meeting with ;tha':CONTRACTOP minh �As, econspuction -Lodamces WWq4_meqmp d- bthff 'job-.cqtferemes. -mi Igepare and, circulate wpiesoCminu[es of ineetirt 43:23.Liaison -4.313't'.. Serve ifs:. LNGINEER'S liaison With C0WTIZACML,'wp&ira princ:ipallV tWoWi CONTRACTOR'S wmintendent� to as -rig the CONTRACTOR in undastandw ffic Contw0murnents additional detaiN: Or .-inform-stiori �whcn ,rm=rcd., for pro= muLiono[the.Work., Advise the ENCTINSEW add CONTRACTOR of the commencement of .any. . Work- jjgRwaw -a .:sft-I)rawjt-- or been Nmy6d by the FNGMER: 4.2z— - nM A Wq[L 'Rcic&gn 6 lQrVinsocctiowandT&, ,9.3.2:4.1- - C66du&ortsitccftcrvatiom ofl tine Work inwwrmto,assiglkMi ,in dctqmiHpg•,tbat & mccordange w th the-Cmtract Dociarents I I I I I I I ;9.3.2.4.3. Accommnyr viiitina. -M=tom� reprewnting "ubk or. othcr agencies havLng resifts' -kf,d��idrxs wW Y=tt' to- 'the �tation Of Contract 9�- = to, ENG=,R:..wh6i clanfications; md - irdErpmWiuir or the •Conpract Documcms are.needed and -transmit Lu fibil 'pr thaMff DEftmillmCac�nItill, alls"llis'sued 'by - the LDMIO '93 6CVrisid'E and evaluate coNTRAcroics mmolmom.fs A I ALCON=0MIAO-8 (I Ov EKI)COM 9 6di6cup WaTY01i PORT modifka6& in Drivines -or, Snacificlwoils and rcport; them recoinmerritittions to -ENGINEER; A=trusml to , CONTRACTOR ,k,sic hAGINEEP 19>3:2 Recordi. 93.2;8A. FuMWI ENGRM-R red(24ic revort& m reoui of the "ogress. of the Work and -of the CONTRACTORS mmj?p,,tic—e,,Wl Ltl.;, ild s&cduk, of shm Drawing and sample 118:1 'Consult .,*iih FSiGINj Jsiin 'advamef of- -sch hnit mayor' tests inspeetiom or start of imporwit phma of the Work, 93.3. 8:3. Draft proposed Chame Orders n the CONTRACT .and—rmommud -to-.ENGR4rFR,. Charm !0rdLm Wo& Duec Chmmes ":fief ordem, 9-3.2.8.4, an 'OWNER mcurrenm o 9.3:2,9. Payment Requests. Rcyiev'sWimficifs far havrnem with R for coftli wish One "estab}ishetl Vic, for - � :submission and - fbnvard: with -=omrnmdation rn INGTNEE2 tiotina;particiilaily the relationship of .the pa)vrient reuuested'to.•thb scheduIz Of_vetucc work completed amid materialserl delivered:at the siw- but nw.incapoagm Work:... 9.3216. Cornpletien. W:10A. Before •ENGINEER issues a. Cstilicate 617-substantial Completion, submit to CONTRACTOR a list of observed ttems 'requiring carrection or completion 93.2:1Q2: Conduct Grml':inspection in the cumriat ' of the F,NGINF.EK OWNER stud CONTRACTOR .and prcparc a final list of items to be corrected or completed:; 93?.10:3. 'Olsayc that all items on 'tfu finial list Iktve-beencorreacd or completedand make recommendations to' ENGINEER concerning acceptance 933_ Limitation of Authority: '—The _Reprgwimative shall rot: — 9.3.3:1. ..Authorize .atilt deviations lion- the .Contract Documents: or �iicceot"airy sulstituta ,rn2teugls'or-'ipli�ernt unless authorized bvtha 4 NGINEER 93.39 ..E cccc1_ iitabnns: of'.,h'NGINiEER'S, ,nuthoriryas set forth in the Contract Docymiatk 9.333: Undertake any of •the responsibilities of -the . CONTRACTOR_ ' Subcontractors_ or CONT33AAOIsii elt�l: 9.3:3:4. Advise on or issue directions.rclative to o assume control ove.-- any- as_peq of the means methods: 'techniques sguences:. or ddres for construction unless such, is .s 'fncall called' for. in the ContractDocwnents, 9.3.35, Advise on or issue directions relies cc assume control over _safety' pbec igicris and s in i:oroiections With the, Work: 93.36. Acfix tp'Sbgp Ihawii . 6r" same. subrniittaIs. from anyone •'other. than .the CONTRACTOR 93.3.T.__..Authorize•.6WNfR- to -occupy the Wok in whole or in cart.', 93.3:5:. Participate in. sveciklized Geldor laborap4g tests or i -ions eotducted - others, eel -as 'Gwllv authoriaeti'- the ENGINEER: Cfprrf cat fins and lnterpietatiorrx 9.3. ENGL&M will issue Willi reasonable promtptness such writteii clarificationi q: inteipretatisgts of. the Fx'ocOENtR.V;,0007UITi0i8_t9tua (t?stt eiidair W/ ❑TY OF FORT COLLINS MODIFICATIOM (REV a .000) thg Contract-Ddcwnents (in the form of ,"Wise) as ENGTNEER',may determine brmand,in-tinWetations wil] be binding on CONTRACTOR if OWNER Believes ,"i a written clarifcation, or arfias an adjushinent n the Conrad Price Penes aril the, partirs:are utmble l0 9ee. or_e�geut t he{tf arry-OWNIiR o may make a written claim thupfor u; ic,T1 oriicle f Authorize i 6'ruiahbns in.Wurk: PS. •ENGINEER may authorise minor variations in & Wok Gum, the requuemcmts of the Ccir&act Dccamerits•which,do not •involve an ad�ustment in the. Contract Price or the ConitactTimes and are: compatible 'with thedesign coneco of ,-the cimrplctcii'Projcct;as,a functioriug' whole as' indicated by' the "Con tact Q6cvmeitts. These may tie-aaiornplished by-_e'Field'Order and will be bindirg , on O,WNF.R' ,and also anCONTRACTOR who"•shall perform :the Work,involved pnimptly. If OWNFR* r CONTIW,-r6R believes that "a Field Ordcr iustifics an adiustnrent in the Contract Priec'or eke a writteri,claim therefor as 'Rejecting Defec -e Work:. 9.6.. ENGINEER Will.havc;author'hy to dm.wove or. rcject Work: which F,NGTNEFR' believes to be drfectnre, ordua ENGINEER believes -will not moduce a completed completed Projecl:as a. functioning whole as indicated by the Contract Documents:. ENGINEER -sill also have authority to require special inspection or temrig..of-the Work es provided con paragraph 13.9,.whdher" or •not the Shop. Drawings,; Change "Orders and Paymenty 9.11. Iri ccntiection;With EN'GINEER's authonty'as to Shop •Iha%%m- %s and'Samples,_see parnpraphs.624l'through ,6.25'vicltisrrC., 91 a conno tibn4iih ENGINRMM. authority. ps9 to Change Orders, see Articles'1 Q. 14. and 12: 99. In conneclii twit}i ENGiNEFR's•authority ii tw AA plicauons Car. Payment; see Article 14. Ddehmnations fur Unit Pric k 9:I0. ENGINEER will, determiftc„the sebial',quantiEcs and" clasisificat oms of flnil Price Work ' petftmned' by CONTRACTOR: • ENGOIER will review with Cl WNTRA'OR thc7 ENGfNF.E2s "prelimma y, .tleierminiliois on.such matters'before rendning a written decision thereon (by ricomni6datim of,ap• Appli8ation 3L