HomeMy WebLinkAboutBID - 7313 MASON CORRIDOR TREE TRANSPLANTING (2)Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
MASON CORRIDOR TREE TRANSPLANTING
BID NO. 7313
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
JANUARY 5, 2012 – 3:00 P.M. (OUR CLOCK)
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section Pages
BID INFORMATION
00020 Notice Inviting Bids 00020-1 - 00020-2
00100 Instruction to Bidders 00100-1 - 00100-9
00300 Bid Form 00300-1 - 00300-3
00400 Supplements to Bid Forms 00400-1
00410 Bid Bond 00410-1 - 00410-2
00420 Statements of Bidders Qualifications 00420-1 - 00420-3
00430 Schedule of Major Subcontractors 00430-1
CONTRACT DOCUMENTS
00500 Agreement Forms 00500-1
00510 Notice of Award 00510-0
00520 Agreement 00520-1 - 00520-6
00530 Notice to Proceed 00530-1
00600 Bonds and Certificates 00600-1
00610 Performance Bond 00610-1 - 00610-2
00615 Payment Bond 00615-1 - 00615-2
00630 Certificate of Insurance 00630-1
00635 Certificate of Substantial Completion 00635-1
00640 Certificate of Final Acceptance 00640-1
00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2
00660 Consent of Surety 00660-1
00670 Application for Exemption Certificate 00670-1 - 00670-2
CONDITIONS OF THE CONTRACT
00700 General Conditions 00700-1 - 00700-34
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions 00800-1 - 00800-2
Federal Requirements
Davis Bacon Wage Rates
00900 Addenda, Modifications, and Payment 00900-1
00950 Contract Change Order 00950-1 - 00950-2
00960 Application for Payment 00960-1 - 00960-4
SPECIFICATIONS
SOILS REPORT
SECTION 00020
INVITATION TO BID
SECTION 00020
INVITATION TO BID
Date: December 15, 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 January 5,
2012, for the Mason Corridor Tree Transplanting; BID NO. 7313. If delivered, they are
to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If
mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580.
At said place and time, and promptly thereafter, all Bids that have been duly received
will be publicly opened and read aloud.
The Contract Documents provide for the construction of Bid 7313. The Work consists of
transplanting trees, including mulching, staking, watering, and minor pruning from
various locations within the Mason Corridor to Transplant Area #1 (Troutman Detention
Pond), Transplant Area #2 (CSU South Campus) and Creekside Park. A single
contractor shall provide all tree transplanting. Subcontractors may be used for non-
transplanting work only. All miscellaneous materials required to complete the work,
including all labor, materials, equipment, and traffic control are included. Federal
requirements and Davis-Bacon wages apply. Specific locations are described in the
plans “Mason Corridor BRT – Tree Mitigation Plan" and in Section 3500, Project Map.
Quantities are listed in the bid schedule. All transplanting must occur between January
15, 2012, and May 1, 2012.
The City has an overall DBE goal of 9.9%. There is no specific contract goal for
this project but the City encourages proposals from and the use of DBE firms in
this project. This is a federally funded project including Davis Bacon Wages.
Questions concerning the scope of the project should be directed to Project Manager,
Erika Keeton, Special Projects Engineer, at (970) 221-6521 or ekeeton@fcgov.com.
Questions regarding bid submittal or process should be directed to John Stephen,
CPPO, LEED AP, Senior Buyer, at (970) 221-6777 or jstephen@fcgov.com.
All Bids must be in accordance with the Contract Documents on file with the City of Fort
Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524.
A prebid conference and job walk with representatives of prospective Bidders will
be held at 10:00 am, on December 16, 2012, in the Training Room on the second
floor at 215 N Mason Street, 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://www.fcgov.com/eprocurement
Bids will be received as set forth in the Bidding Documents.
The Work is expected to be commenced within the time as required by Section 2.3 of
General Conditions. Substantial Completion of the Work is required as specified in the
Agreement.
The successful Bidder will be required to furnish a Performance Bond and a Payment
Bond guaranteeing faithful performance and the payment of all bills and obligations
arising from the performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for
opening Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any informalities
and irregularities therein.
Bid security in the amount of not less than 5% of the total Bid must accompany each Bid
in the form specified in the Instructions to Bidders.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council,
shall have a financial interest in the sale to the City of any real or personal property,
equipment, material, supplies or services where such officer or employee exercises
directly or indirectly any decision-making authority concerning such sale or any
supervisory authority over the services to be rendered. This rule also applies to
subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment,
kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
City of Fort Collins
James B. O'Neill, II, CPPO, FNIGP
Purchasing & Risk Management Director
SECTION 00100
INSTRUCTIONS TO BIDDERS
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) the sufficiency of the financial
resources and ability of the bidder to perform the contract or provide the service,
(7) the quality, availability and adaptability of the materials and services to the
particular use required, (8) the ability of the bidder to provide future maintenance
and service for the use of the subject of the contract, and
(9) any other circumstances which will affect the bidder's performance of the
contract.
3.3. Each Bidder may be required to show that he has handled former Work so
that no just claims are pending against such Work. No Bid will be accepted from
a Bidder who is engaged on any other Work which would impair his ability to
perform or finance this Work.
3.4 No Bidder shall be in default on the performance of any other contract with
the City or in the payment of any taxes, licenses or other monies due to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine
the Contract Documents thoroughly, (b) visit the site to familiarize himself with
local conditions that may in any manner affect cost, progress or performance of
the Work, (c) familiarize himself with federal, state and local laws, ordinances,
rules and regulations that may in any manner affect cost, progress or
performance of the Work, (d) study and carefully correlate Bidder's observations
with the Contract Documents, and (e) notify Engineer of all conflicts, errors or
discrepancies in the Contract Documents.
4.2. Reference is made to the Supplementary Conditions for identification of:
Subsurface and Physical Conditions SC-4.2.
4.3. The submission of a Bid will constitute an incontrovertible representation by
Bidder that Bidder has complied with every requirement of this Article 4, that
without exception the Bid is premised upon performing and furnishing the Work
required by the Contract Documents and such means, methods, techniques,
sequences or procedures of construction as may be indicated in or required by
the Contract Documents, and that the Contract Documents are sufficient in scope
and detail to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to
be submitted in writing to the Engineer and the OWNER. Interpretation or
clarifications considered necessary in response to such questions will be issued
only by Addenda. Questions received less than seven days prior to the date for
opening of the Bids may not be answered. Only questions answered by formal
written Addenda will be binding. Oral and other interpretations or clarifications will
be without legal effect.
5.2. All questions concerning the scope of this project should be directed to the
Engineer. Questions regarding submittal of bids should be directed to the City of
Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed
advisable by OWNER or Engineer.
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. Whenever it is indicated
on the Drawings or specified in the Specifications that a substitute or "or equal"
item of material or equipment may be furnished or used by CONTRACTOR if
acceptable to Engineer, application for such acceptance will not be considered
by Engineer until after the "effective date of the Agreement". The procedure for
submittal of any such application by CONTRACTOR and consideration by
Engineer is set forth in the General Conditions which may be supplemented in
the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal
subcontractors he proposes to use in the Work. Refer to Section 00430
contained within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable objection to
any proposed Subcontractor, either may, before the Notice of Award is given,
request the apparent successful Bidder to submit an acceptable substitute
without an increase in Bid price. If the apparent successful Bidder declines to
make any substitution, OWNER may award the contract to the next lowest
responsive and responsible Bidder that proposes to use acceptable
subcontractors. Subcontractors, suppliers, other persons or organization listed
and to whom OWNER or Engineer does not make written objection prior to the
giving of the Notice of Award will be deemed acceptable to OWNER and
ENGINEER subject to revocation of such acceptance after the effective date of
the Agreement as provided in the General Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier
or other persons or organizations against whom he has reasonable objection.
The use of subcontractors listed by the Bidder and accepted by OWNER prior to
the Notice of Award will be required in the performance of the Work.
11.0 BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which may be
retained by the Bidder. A separate unbound copy is enclosed for submission with
the Bid.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the
form must be stated in words and numerals; in case of conflict, words will take
precedence. Unit prices shall govern over extensions of sums.
11.3. Bids by corporations must be executed in the corporate name by the
president or a vice-president (or other appropriate officer accompanied by
evidence of authority to sign) and the corporate seal shall be affixed and attested
by the secretary or an assistant secretary. The corporate address and state of
incorporation shall be shown below the corporate name.
11.4. Bids by partnerships must be executed in the partnership name and signed
by a partner, his title must appear under his signature and the official address of
the partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the joint venture
or by an authorized agent of each participant. The full name of each person or
company interested in the Bid shall be listed on the Bid Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the
numbers of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by erasures,
interpolations, or otherwise will be acceptable unless each such alteration is
signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to
identify any alteration so initialed.
11.8. The address and telephone number for communications regarding the Bid
shall be shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted at the time and place indicated in the Invitation to
Bid and shall be enclosed in an opaque sealed envelope marked with the Project
title, Bid No., and name and address of the Bidder and accompanied by the Bid
Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule
of Subcontractors as required in Section 00430. If the Bid is sent through the mail
or other delivery system, the sealed envelope shall be enclosed in a separate
envelope with the notation "BID ENCLOSED" on the face of it.
13.2. Bids shall be deposited at the designated location prior to the time and date
for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made
by addendum. Bids received after the time and date for receipt of Bids will be
returned unopened. Bidder shall assume full responsibility for timely delivery at
the location designated for receipt of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not
receive consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under different
names will not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or withdrawn by an appropriate document duly
executed (in a manner that a Bid must be executed) and delivered to the place
where Bids are to be submitted at any time prior to the opening of Bids.
14.2. Bids may also be modified or withdrawn in person by the Bidder or an
authorized representative provided he can prove his identity and authority at any
time prior to the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for the
receipt of Bids provided that they are then fully in conformance with these
Instructions to Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non-responsive) read aloud publicly as
indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and
major alternates (if any) will be made available after the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
All Bids shall remain open for forty-five (45) days after the day of the Bid
Opening, but OWNER may, in his sole discretion, release any Bid and return the
Bid Security prior to that date.
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any and all
informalities not involving price, time or changes in the Work, to negotiate
contract terms with the Successful Bidder, and the right to disregard all
nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER
reserves the right to reject the Bid of any Bidder if OWNER believes that it would
not be in the best interest of the Project to make an award to that Bidder, whether
because the Bid is not responsive or the Bidder is unqualified or of doubtful
financial ability or fails to meet any other pertinent standard or criteria established
by OWNER. Discrepancies between the indicated sum of any column of figures
and the correct sum thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders,
whether or not the Bids comply with the prescribed requirements, and such
alternates, unit prices and other data, as may be requested in the Bid Form or
prior to the Notice of Award.
17.3. OWNER may consider the qualification and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of
the Work as to which the identity of Subcontractors, Suppliers, and other persons
and organizations is submitted as requested by OWNER. OWNER also may
consider the operating costs, maintenance requirements, performance data and
guarantees of major items of materials and equipment proposed for incorporation
in the Work when such data is required to be submitted prior to the Notice of
Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of the Bidder's proposed Subcontractors,
Suppliers and other persons and organizations to do the Work in accordance
with the Contract Documents to OWNER's satisfaction within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive
and responsible Bidder whose evaluation by OWNER indicates to OWNER that
the award will be in the best interest of the OWNER. Award shall be made on the
evaluated lowest base bid excluding alternates. The basis for award shall be the
lowest Bid total for the Schedule or, in the case of more than one schedule, for
sum of all schedules. Only one contract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a
Notice of Award within forty-five (45) days after the date of the Bid opening.
18.0 CONTRACT SECURITY.
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to performance and other Bonds. When the Successful Bidder
delivers the executed Agreement to the OWNER, it shall be accompanied by the
required Contract Security.
19.0 SIGNING OF AGREEMENT.
When OWNER gives a Notice of Award to the Successful Bidder, it will be
accompanied by the required number of unsigned counterparts of the Agreement
with all other written Contract Documents attached. Within fifteen (15) days
thereafter, CONTRACTOR shall sign and deliver the required number of
counterparts of the Agreement and attached documents to OWNER with the
required Bonds. Within ten (10) days thereafter, OWNER hall deliver one fully
signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by
a complete set of the Drawings with appropriate identification.
20.0 TAXES.
OWNER is exempt from Colorado State Sales and Use Taxes on materials and
equipment to be incorporated in the Work. Said taxes shall not be included in the
Contract Price. Reference is made to the General and Supplementary
Conditions.
21.0 RETAINAGE.
Provisions concerning retainage are set forth in the Agreement.
22.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid
will be rejected and reported to authorities as such. Your authorized signature of
this Bid assures that such Bid is genuine and is not a collusive or sham Bid.
23.0 BID RESULTS.
For information regarding results for individual Bids send a self-addressed, self-
stamped envelope and a Bid tally will be mailed to you. Bid results will be posted
in the Purchasing office seven (7) days after the Bid Opening.
END OF SECTION
SECTION 00300
BID FORM
SECTION 00300
BID FORM
PROJECT: 7313 Mason Corridor Tree Transplanting
Place:
Date:
1. In compliance with your Invitation to Bid dated , 20 and subject to all
conditions thereof, the undersigned a (Corporation, Limited Liability Company,
Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the
State of Colorado hereby proposes to furnish and do everything required by the
Contract Documents to which this refers for the construction of all items listed on
the following Bid Schedule or Bid Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal is
made in good faith, without collusion or connection with any other person or
persons Bidding for the same Work, and that it is made in pursuance of and
subject to all the terms and conditions of the Invitation to Bid and Instructions to
Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining
to the Work to be done, all of which have been examined by the undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in
the sum of
($ ) in accordance with the Invitation To Bid and Instructions to
Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance
Bond and a Payment Bond for the amount of the total of this Bid within fifteen
(15) calendar days from the date when the written notice of the award of the
contract is delivered to him at the address given on this Bid. The name and
address of the corporate surety with which the Bidder proposes to furnish the
specified performance and payment Bonds is as follows:
.
5. All the various phases of Work enumerated in the Contract Documents with their
individual jobs and overhead, whether specifically mentioned, included by
implication or appurtenant thereto, are to be performed by the CONTRACTOR
under one of the items listed in the Bid Schedule, irrespective of whether it is
named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or Bid
Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No.
through .
8. BID SCHEDULE (Base Bid)
215.01 Transplant Tree - 44” Spade 1 Each $ $
215.02 Transplant Tree - 65” Spade 3 Each $ $
215.03 Transplant Tree - 90” Spade 21 Each $ $
215.04 Transplant Tree - 100” Spade 28 Each $ $
215.05 Stakes 254 Each $ $
215.06 Watering 800 Hour $ $
215.07 F/A - Landscape & Surface Restoration 1 FA $ 5,000.00 $ 5,000.00
630.01 Construction Zone Traffic Control 1 Lump Sum $ $
TOTAL PROJECT COST $
Dollars and Cents.
Item No. Description Unit Unit Price Total
Contract
Quantity
9. PRICES
The foregoing prices shall include all labor, materials, transportation, shoring, removal,
dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the
several kinds called for.
Bidder acknowledges that the OWNER has the right to delete items in the Bid or change
quantities at his sole discretion without affecting the Agreement or prices of any item so
long as the deletion or change does not exceed twenty-five percent (25%) of the total
Agreement Price.
RESPECTFULLY SUBMITTED:
CONTRACTOR
BY:
Printed Date
Title
License Number (If Applicable)
(Seal - if Bid is by corporation) Attest:
Address
Telephone
Email
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
SECTION 00410
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned
as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort
Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly
to be made, we hereby jointly and severally bind ourselves, successors, and assigns.
THE CONDITION of this obligation is such that whereas the Principal has submitted to
the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof
to enter into a Construction Agreement for the construction of Fort Collins Project, 7313
Mason Corridor Tree Transplanting.
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the Principal shall execute and deliver a
Contract in the form of Contract attached hereto (properly completed in
accordance with said Bid) and shall furnish a BOND for his faithful performance
of said Contract, and for payment of all persons performing labor or furnishing
materials in connection therewith, and shall in all other respects perform the
Agreement created by the acceptance of said Bid, then this obligation shall be
void; otherwise the same shall remain in force and effect, it being expressly
understood and agreed that the liability of the Surety for any and all claims
hereunder shall, in no event, exceed the penal amount of this obligation as
herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said
Surety and its BOND shall be in no way impaired or affected by any extension of the
time within which the OWNER may accept such Bid; and said Surety does hereby waive
notice of any such extension.
Surety Companies executing bonds must be authorized to transact business in the
State of Colorado and be accepted by the OWNER.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals this day of , 20__, and such of them as are corporations have
caused their corporate seals to be hereto affixed and these presents to be signed by
their proper officers, the day and year first set forth above.
PRINCIPAL SURETY
Name:
Address:
By: By:
Title: Title:
ATTEST:
By:
(SEAL) (SEAL)
SECTION 00420
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and comprehensive.
This statement must be notarized. If necessary, questions may be answered on
separate attached sheets. The Bidder may submit any additional information he desires.
1. Name of Bidder:
2. Permanent main office address:
3. When organized:
4. If a corporation, where incorporated:
5. How many years have you been engaged in the contracting business under your
present firm or trade name?
6. Contracts on hand: (Schedule these, showing the amount of each contract and
the appropriate anticipated dates of completion.)
7. General character of Work performed by your company:
8. Have you ever failed to complete any Work awarded to you?
If so, where and why?
9. Have you ever defaulted on a contract?
If so, where and why?
10. Are you debarred by any government agency?
If yes list agency name.
11. List the more important projects recently completed by your company, stating the
approximate cost of each, and the month and year completed, location and type
of construction.
12. List your major equipment available for this contract.
13. Experience in construction Work similar in importance to this project:
14. Background and experience of the principal members of your organization,
including officers:
15. Credit available: $
16. Bank Reference:
17. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the OWNER?
18. Are you licensed as a General Contractor?
If yes, in what city, county and state?
What class, license and numbers?
19. Do you anticipate subcontracting Work under this Contract?
If yes, what percent of total contract?
And to whom?
20. Are any lawsuits pending against you or your firm at this time?
IF yes, DETAIL
21. What are the limits of your public liability? DETAIL
What company?
22. What are your company's bonding limitations?
23. The undersigned hereby authorizes and requests any person, firm or corporation
to furnish any information requested by the OWNER in verification of the recital
comprising this Statement of Bidder's Qualifications.
Dated at ________________ this ______ day of __________________, 20__.
Name of Bidder
By:
Title:
State of
County of
being duly sworn deposes and says that he
is of and that
(name of organization)
the answers to the foregoing questions and all statements therein contained are true
and correct.
Subscribed and sworn to before me this _______ day of____________, 20__.
(Seal)
Notary Public
My commission expires: .
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors performing
over % of the contract.
ITEM SUBCONTRACTOR
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2)
herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995
(P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31, U.S.C. 1352 (as
amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
[Note: Pursuant to 31 U.S.C.1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such expenditure or
failure.]
The Contractor, ___________________________________________, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply
to this certification and disclosure, if any.
_________________________________________
Signature of Contractor's Authorized Official
_____________________________________
Name and Title of Contractor's Authorized Official
___________________________
Date
BUY AMERICA REQUIREMENTS -49 U.S.C. 5323(j) - 49 CFR Part 661
Certification requirement for procurement of steel, iron, or manufactured
products.
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
5323(j)(1) and the applicable regulations in 49 CFR Part 661.
Date _________________________________________________________________
Signature______________________________________________________________
Company
Name_______________________________________________________________
Title __________________________________________________________________
OR
BUY AMERICA REQUIREMENTS -49 U.S.C. 5323(j) - 49 CFR Part 661
A bidder or offeror must submit to the FTA recipient the appropriate Buy America
certification with all bids on FTA-funded contracts, except those subject to a general
waiver. Bids or offers that are not accompanied by a completed Buy America
certification must be rejected as nonresponsive. This requirement does not apply to
lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured
products.
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1), but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(B)
or (j)(2)(D) and the regulations in 49 CFR 661.7.
Date ________________________________________________________________
Signature _____________________________________________________________
Company
Name_______________________________________________________________
Title ________________________________________________________________
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
DATE:
TO:
PROJECT: 7313 Mason Corridor Tree Transplanting
OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated , 20 for the above project has
been considered. You are the apparent successful Bidder and have been awarded an
Agreement for 7313 Mason Corridor Tree Transplanting.
The Price of your Agreement is ($ ).
Three (3) copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of Award. Three (3) sets of the Drawings will be delivered
separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen (15) days of the
date of this Notice of Award, that is by , 20 .
1. You must deliver to the OWNER three (3) fully executed counterparts of the
Agreement including all the Contract Documents. Each of the Contract Documents must
bear your signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as
specified in the Instructions to Bidders, General Conditions (Article 5.1) and
Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle OWNER to
consider your Bid abandoned, to annul this Notice of Award and to declare your Bid
Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return to you
one (1) fully-signed counterpart of the Agreement with the Contract Documents
attached.
City of Fort Collins
OWNER
By:
James B. O’Neill, II, CPPO, FNIGP
Director of Purchasing & Risk Management
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the day of in the year of 20 and
shall be effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
(hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Project for which the Work under the Contract Documents may
be the whole or only a part is defined as 7313 Mason Corridor Tree
Transplanting and is generally described in Section 01010.
ARTICLE 2. ENGINEER
The Project has been designed by Michael Baker Jr. Inc., 165 S. Union Blvd.,
Ste. 200, Lakewood, CO 80228 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 by May 1, 2012, 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 preceding 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:
Five Hundred Dollars ($500.00) for each calendar day or fraction
thereof that expires after the May 1, 2012 deadline for Substantial
Completion of the Work until the Work is Substantially Complete.
2) Final Acceptance:
After Substantial Completion, Five Hundred Dollars ($500.00) for
each calendar day or fraction thereof that expires after the thirty
(30) calendar day period for Final Payment and Acceptance until
the Work is ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows:
Dollars ($ ), in accordance with Section 00300, attached and incorporated
herein by this reference.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's Application for
Payment as recommended by ENGINEER, once each month during construction
as provided below. All progress payments will be on the basis of the progress of
the Work measured by the schedule of values established in paragraph 2.6 of the
General Conditions and in the case of Unit Price Work based on the number of
units completed, and in accordance with the General Requirements concerning
Unit Price Work.
5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as
contract retainage five percent (5%) of each progress payment, but, in each
case, less the aggregate of payments previously made and less such amounts
as ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on
recommendation of Engineer, Owner determines that the character and progress
of the Work have been satisfactory to OWNER and ENGINEER, OWNER may
determine that as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on account of Work
completed in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100% of the Work completed. 95% of
materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as provided
in paragraph 14.2 of the General Conditions) may be included in the application
Section 00520 Page 3 for payment.
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of
the Contract Price, less such amounts as ENGINEER shall determine or
OWNER may withhold in accordance with paragraph 14.7 of the General
Conditions or as provided by law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall pay
the remainder of the Contract Price as recommended by ENGINEER as provided
in said paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and Laws
and Regulations that in any manner may affect cost, progress, performance or
furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are identified in
the Supplementary Conditions as provided in paragraph 4.2 of the General
Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of the
Work at the Contract Price, within the Contract Times and in accordance with the
other terms and conditions of the Contract Documents, including specifically the
provisions of paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the accurate
location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information or data
in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price,
within the Contract Times and in accordance with the other terms and conditions
of the Contract Documents, including specifically the provision of paragraph 4.3.
of the General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General
Conditions, Supplementary Conditions, those items included in the definition of
“Contract Documents” in Article 1.10 of the General Conditions, and such other
items as are referenced in this Article 7, all of which are 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:
Provided under the attachment “Mason Corridor BRT – Tree Mitigation
Plan”
The Contract Drawings shall be stamped "Final for Construction" and dated.
Any revisions made shall be clearly identified and dated.
7.4. Addenda Numbers to , inclusive.
7.5. The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract Documents
pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or incorporated by
reference in this Article 7. The Contract Documents may only be amended,
modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General
Conditions.
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.
OWNER: CITY OF FORT COLLINS CONTRACTOR:
By:
By:
JAMES B. O’NEILL II, CPPO, FNIGP PRINTED
DIRECTOR OF PURCHASING
AND RISK MANAGEMENT
Title: Title:
Date: Date:
Attest: (CORPORATE SEAL)
City Clerk
Address for giving notices:
P. O. Box 580
Fort Collins, CO 80522 Attest:
Approved as to Form Address for giving notices:
Assistant City Attorney
License No.:
SECTION 00530
NOTICE TO PROCEED
Description of Work: 7313 Mason Corridor Tree Transplanting
To:
This notice is to advise you:
That the contract covering the above described Work has been fully executed by the
CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been
received by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby
authorized and directed to proceed within ( ) calendar days from receipt of this notice as
required by the Agreement.
Dated this day of , 20 .
The dates for Substantial Completion and Final Acceptance shall be , 20_
and , 20__, respectively.
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day of
, 20__.
CONTRACTOR:
By:
Title:
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ____________
in lawful money of the United States, for the payment of which sum well and truly to be made,
we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of , 20 , a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins
Project, 7313 Mason Corridor Tree Transplanting.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Agreement during the
original term thereof, and any extensions thereof which may be granted by the OWNER, with or
without Notice to the Surety and during the life of the guaranty period, and if the Principal shall
satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and
save harmless the OWNER from all cost and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER
may incur in making good any default then this obligation shall be void; otherwise to remain in
full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this _____ day of _____ ____, 20__.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:_____________________________________
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins,
300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to
as "the OWNER", in the penal sum of
in lawful money of the United States, for the payment of which sum well and truly to be made,
we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of , 20 , a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins
project, 7313 Mason Corridor Tree Transplanting.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Agreement and any authorized extension or modification thereof, including
all amounts due for materials, lubricants, repairs on machinery, equipment and tools,
consumed, rented or used in connection with the construction of such Work, and all insurance
premiums on said Work, and for all labor, performed in such Work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this day of , 20__.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:_____________________________________
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7313 Mason Corridor
Tree Transplanting
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR:
CONTRACT DATE:
The Work performed under this contract has been inspected by authorized
representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or
specified part of the project, as indicated above) is hereby declared to be substantially
completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may
not be exhaustive, and the failure to include an item on it does not alter the
responsibility of the CONTRACTOR to complete all the Work in accordance with the
Contract Documents.
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and
agrees to complete and correct the items on the tentative list within the time indicated.
CONTRACTOR AUTHORIZED REPRESENTATIVE
DATE
The OWNER accepts the project or specified area of the project as substantially
complete and will assume full possession of the project or specified area of the project
at 12:01 a.m., on . The responsibility for heat, utilities,
security, and insurance under the Contract Documents shall be as set forth under
"Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER AUTHORIZED REPRESENTATIVE
DATE
REMARKS:
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
, 20__
TO:
Gentlemen:
You are hereby notified that on the day of , 20__, the City of
Fort Collins, Colorado, has accepted the Work completed by for the City of Fort
Collins project, 7313 Mason Corridor Tree Transplanting.
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:
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: (CONTRACTOR)
PROJECT: 7313 Mason Corridor Tree Transplanting
1. The CONTRACTOR acknowledges having received payment, except retainage from
the OWNER for all work, labor, skill and material furnished, delivered and performed by
the CONTRACTOR for the OWNER or for anyone in the construction, design,
improvement, alteration, addition or repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged, the CONTRACTOR
voluntarily waives all rights, claims and liens, including but not limited to, mechanic's
liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor
and material bond rights which the CONTRACTOR may now or may afterward have,
claim or assert for all and any work, labor, skill or materials furnished, delivered or
performed for the construction, design, improvement, alteration, addition or repair of the
above described project, against the OWNER or its officers, agents, employees or
assigns, against any fund of or in the possession or control of the OWNER, against the
project or against all land and the buildings on and appurtenances to the land improved
by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or
performed to or for the construction, design, improvement, alteration, addition or repair
of the project were furnished, delivered or performed by the CONTRACTOR or its
agents, employees, and servants, or by and through the CONTRACTOR by various
Subcontractors or materialmen or their agents, employees and servants and further
affirms the same have been paid in full and have released in full any and all existing or
possible future mechanic's liens or rights or claims against the project or any funds in
the OWNER'S possession or control concerning the project or against the OWNER or
its officers, agents, employees or assigns arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if
any, and the Surety on the project against and from any claim hereinafter made by the
CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or
assigns against the project or against the OWNER or its officers, employees, agents or
assigns arising out of the project for all loss, damage and costs, including reasonable
attorneys fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes
and adequate description of the property and improvements to which this Lien Waiver
Release pertains. It is further acknowledged that this Lien Waiver Release is for the
benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any
labor and material bonds for the project.
Signed this day of , 20__.
CONTRACTOR:
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of 20__, by
.
Witness my hand and official seal.
My Commission Expires: Notary Public
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR:
PROJECT: 7313 Mason Corridor Tree Transplanting
CONTRACT DATE:
In accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR as indicated above, for
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to the CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
day of , 20____ .
(Surety Company)
By:
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
DR 0172 (12/98)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303) 232-2416
DO NOT WRITE IN THIS SPACE
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)
89 -
Period 0170-750 (999) $0.00
CONTRACTOR INFORMATION
Trade name/DBA: Owner, partner, or corporate name:
Mailing address (City, State, Zip): Contact Person
E-Mail address: Federal Employer’s Identification Number: Bid amount for your contract:
$
Fax Number:
( )
Business telephone number:
( )
Colorado withholding tax account number:
EXEMPTION INFORMATION Copies of contract or agreement pages (1) identifying the contracting parties
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
construction start date:
Month Day Year Estimated
completion date:
Month Day Year
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
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(XIX)
6
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 00700
GENERAL CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins
modifications) and other provisions of the Contract Documents as indicated below.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph numbers of
the General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of
$1,000,000 combined single limits (CSL). This policy will include
coverage for Explosion, Collapse, and Underground coverage unless
waived by the Owner.
5.4.6 The Comprehensive Automobile Liability Insurance policy will
have limits of $1,000,000 combined single limits (CSL).
5.4.9 This policy will include completed operations coverage/product
liability coverage with limits of $1,000,000 combined single limits
(CSL).
SC-OTHER SUPPLEMENTARY CONDITIONS
Federal Transit Administration Required Contract Clauses
Davis Bacon Wage Rates
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES ............................................................................................ 1
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS .......................................... 1
3. ACCESS TO RECORDS AND REPORTS .................................................................................................................... 2
4. FEDERAL CHANGES ............................................................................................................................................... 3
5. TERMINATION....................................................................................................................................................... 3
6. CIVIL RIGHTS REQUIREMENTS .............................................................................................................................. 4
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)................................................................................................... 5
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS............................................................ 6
9. GOVERNMENT‐WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT).................................................... 6
10. BUY AMERICA .................................................................................................................................................. 7
11. BREACHES AND DISPUTE RESOLUTION ........................................................................................................... 9
12. LOBBYING ........................................................................................................................................................ 9
13. CLEAN AIR ...................................................................................................................................................... 11
14. CLEAN WATER REQUIREMENTS..................................................................................................................... 11
15. CARGO PREFERENCE REQUIREMENTS........................................................................................................... 11
16. FLY AMERICA REQUIREMENTS ...................................................................................................................... 12
17. DAVIS‐BACON AND COPELAND ANTI‐KICKBACK ACTS .................................................................................. 12
18. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ............................................................................ 19
19. BONDING REQUIREMENTS ............................................................................................................................ 20
20. ENERGY CONSERVATION REQUIREMENTS .................................................................................................... 24
21. ADA Access .................................................................................................................................................... 25
22. CITY OF FORT COLLINS BID PROTEST PROCEDURES ...................................................................................... 25
1
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the Federal
Government is not a party to this contract and shall not be subject to any obligations or liabilities
to the Purchaser, Contractor, or any other party (whether or not a party to that contract)
pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of
the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the
underlying contract or the FTA assisted project for which this contract work is being performed.
In addition to other penalties that may be applicable, the Contractor further acknowledges that if
it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the Program
Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves
the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses
shall not be modified, except to identify the subcontractor who will be subject to the provisions.
2
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor
agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the
United States or any of their authorized representatives access to any books,
documents, papers and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions.
Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator
or his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination
or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
D. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operational
Service
Contract
Turnkey Construction Architectural
Engineering
Acquisition
of Rolling
Stock
Professional Services
I State Grantees
a. Contracts below SAT
($100,000)
b. Contracts above
$100,000/Capital
Projects
None
None
unless1
non-
competitive
award
Those
imposed on
state pass
thru to
Contractor
None
Yes, if non-
competitive
award or if
funded thru2
5307/5309/5
311
3
4. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the Master Agreement between Purchaser and FTA, as they may be amended or
promulgated from time to time during the term of this contract. Contractor's failure to so comply
shall constitute a material breach of this contract.
5. TERMINATION
a. Termination for Convenience (General Provision) The City may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it is in the
Government's best interest. The Contractor shall be paid its costs, including contract close-out
costs, and profit on work performed up to the time of termination. The Contractor shall promptly
submit its termination claim to the City to be paid the Contractor. If the Contractor has any
property in its possession belonging to the City, the Contractor will account for the same, and
dispose of it in the manner the City directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is
for services, the Contractor fails to perform in the manner called for in the contract, or if the
Contractor fails to comply with any other provisions of the contract, the City may terminate this
contract for default. Termination shall be effected by serving a notice of termination on the
contractor setting forth the manner in which the Contractor is in default. The contractor will only
be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner of performance set forth in the contract.
If it is later determined by the City that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the
control of the Contractor, the City, after setting up a new delivery of performance schedule, may
allow the Contractor to continue work, or treat the termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The City in its sole discretion may, in the
case of a termination for breach or default, allow the Contractor [an appropriately short period of
time] in which to cure the defect. In such case, the notice of termination will state the time
period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to the City’s satisfaction the breach or default of any of the terms,
covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of
written notice from the City setting forth the nature of said breach or default, the City shall have
the right to terminate the Contract without any further obligation to Contractor. Any such
termination for default shall not in any way operate to preclude the City from also pursuing all
available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract, such
waiver by the City shall not limit the City’s remedies for any succeeding breach of that or of any
other term, covenant, or condition of this Contract.
4
e. Termination for Default (Construction) If the Contractor refuses or fails to
prosecute the work or any separable part, with the diligence that will insure its completion within
the time specified in this contract or any extension or fails to complete the work within this time,
or if the Contractor fails to comply with any other provisions of this contract, the City may
terminate this contract for default. The City shall terminate by delivering to the Contractor a
Notice of Termination specifying the nature of the default. In this event, the Recipient may take
over the work and compete it by contract or otherwise, and may take possession of and use any
materials, appliances, and plant on the work site necessary for completing the work. The
Contractor and its sureties shall be liable for any damage to the Recipient resulting from the
Contractor's refusal or failure to complete the work within specified time, whether or not the
Contractor's right to proceed with the work is terminated. This liability includes any increased
costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with
damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond
the control and without the fault or negligence of the Contractor. Examples of
such causes include: acts of God, acts of the Recipient, acts of another
Contractor in the performance of a contract with the Recipient, epidemics,
quarantine restrictions, strikes, freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the
City in writing of the causes of delay. If in the judgment of the City, the delay is
excusable, the time for completing the work shall be extended. The judgment of
the City shall be final and conclusive on the parties, but subject to appeal under
the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was
not in default, or that the delay was excusable, the rights and obligations of the parties will be
the same as if the termination had been issued for the convenience of the Recipient.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate
against any employee or applicant for employment because of race, color, creed, national
origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable
Federal implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
5
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. §
5332, the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e
note), and with any applicable Federal statutes, executive orders, regulations, and
Federal policies that may in the future affect construction activities undertaken in the
course of the Project. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without
regard to their race, color, creed, national origin, sex, or age. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the
Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE
participation is 9.9 %. A separate contract [has not] been established for this
procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other remedy
6
as City of Fort Collins deems appropriate. Each subcontract the contractor signs with
a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. [Offeror] must present the information required above [with initial proposals] (see
49 CFR 26.53(3)).The successful bidder/offeror will be required to report its DBE
participation obtained through race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor’s receipt of payment for that work from the City of Fort Collins. In addition,
the contractor is required to return any retainage payments to those
subcontractors within 30 days after incremental acceptance of the
subcontractor’s work by the City of Fort Collins and contractor’s receipt of the
partial retainage payment related to the subcontractor’s work.]
e. The contractor must promptly notify City of Fort Collins whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete
its work, and must make good faith efforts to engage another DBE subcontractor to
perform at least the same amount of work. The contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of City of Fort Collins.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include,
in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set
forth in the preceding contract provisions. All contractual provisions required by DOT, as set
forth in FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary
herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The Contractor shall not perform any
act, fail to perform any act, or refuse to comply with any (name of grantee) requests which
would cause (name of grantee) to be in violation of the FTA terms and conditions.
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal agencies,
DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide
regulation implements Executive Order 12549, Debarment and Suspension, Executive Order
12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-
355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected
to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally
required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in
that the dollar threshold for application of these rules has been lowered from $100,000 to
$25,000. These are contracts and subcontracts referred to in the regulation as “covered
transactions.”
7
Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are
required to verify that the entity (as well as its principals and affiliates) they propose to contract
or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded
Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or
condition to the contract or subcontract. This represents a change from prior practice in that
certification is still acceptable but is no longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include this
requirement in their own subsequent covered transactions (i.e., the requirement flows down to
subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional method
of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert agency
name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to {insert agency name}, the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment. The
bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this
offer is valid and throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
10. BUY AMERICA
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide
that Federal funds may not be obligated unless steel, iron, and manufactured products used in
FTA-funded projects are produced in the United States, unless a waiver has been granted by
FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7,
and include final assembly in the United States for 15 passenger vans and 15 passenger
wagons produced by Chrysler Corporation, and microcomputer equipment and software.
Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R.
661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic
content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids or offers on FTA-funded contracts, except those subject to a general
8
waiver. Bids or offers that are not accompanied by a completed Buy America certification must
be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5.
Date _____________________________________________________________________
Signature _________________________________________________________________
Company Name ____________________________________________________________
Title _____________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49
U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date _____________________________________________________________________
Signature _________________________________________________________________
Company Name ___________________________________________________________
Title _____________________________________________________________________
Certification requirement for procurement of buses, other rolling stock and associated
equipment
Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.
5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11.
Date __________________________________________________________________
Signature ______________________________________________________________
Company Name ________________________________________________________
Title __________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49
U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 CFR 661.7.
Date __________________________________________________________________
Signature ______________________________________________________________
9
Company Name ________________________________________________________
Title __________________________________________________________________
11. BREACHES AND DISPUTE RESOLUTION
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of City's
[title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from
the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the
[title of employee]. In connection with any such appeal, the Contractor shall be afforded an
opportunity to be heard and to offer evidence in support of its position. The decision of the [title
of employee] shall be binding upon the Contractor and the Contractor shall abide be the
decision.
Performance During Dispute - Unless otherwise directed by City, Contractor shall continue
performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or
others for whose acts he is legally liable, a claim for damages therefor shall be made in writing
to such other party within a reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the City and the Contractor arising out of or relating to this
agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court
of competent jurisdiction within the State in which the City is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and
the rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. No action or
failure to act by the City, (Architect) or Contractor shall constitute a waiver of any right or duty
afforded any of them under the Contract, nor shall any such action or failure to act constitute an
approval of or acquiescence in any breach thereunder, except as may be specifically agreed in
writing.
12. LOBBYING
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are
mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act
of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR §
20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7,
which provides that contractors file the certification required by 49 CFR Part 20, Appendix A.
10
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49
CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying,"
61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply
or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20,
"New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting
to influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the
name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or
award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the
recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2)
herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995
(P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
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This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure
or failure.]
The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition, the Contractor understands
and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and
disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
13. CLEAN AIR
Clean Air –
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The
Contractor agrees to report each violation to the Purchaser and understands and agrees
that the Purchaser will, in turn, report each violation as required to assure notification to FTA
and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
14. CLEAN WATER REQUIREMENTS
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
15. CARGO PREFERENCE REQUIREMENTS
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Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use
privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or commodities pursuant to the underlying contract
to the extent such vessels are available at fair and reasonable rates for United States-Flag
commercial vessels; b. to furnish within 20 working days following the date of loading for
shipments originating within the United States or within 30 working days following the date of
leading for shipments originating outside the United States, a legible copy of a rated, "on-board"
commercial ocean bill-of -lading in English for each shipment of cargo described in the
preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime
Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the
case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts
issued pursuant to this contract when the subcontract may involve the transport of equipment,
material, or commodities by ocean vessel.
16. FLY AMERICA REQUIREMENTS
The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance
with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide
that recipients and subrecipients of Federal funds and their contractors are required to use U.S.
Flag air carriers for U.S Government-financed international air travel and transportation of their
personal effects or property, to the extent such service is available, unless travel by foreign air
carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit,
if a foreign air carrier was used, an appropriate certification or memorandum adequately
explaining why service by a U.S. flag air carrier was not available or why it was necessary to
use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly
America requirements. The Contractor agrees to include the requirements of this section in all
subcontracts that may involve international air transportation.
17. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS
Background and Application
The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874.
The Acts apply to grantee construction contracts and subcontracts that “at least partly are
financed by a loan or grant from the Federal Government.” 40 USC 3145(a), 29 CFR 5.2(h), 49
CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29
CFR 5.5(a). ‘Construction,’ for purposes of the Acts, includes “actual construction, alteration
and/or repair, including painting and decorating.” 29 CFR 5.5(a). The requirements of both
Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and
reproduced below.
The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model
clause below should be coordinated with counsel to ensure the Acts’ requirements are satisfied.
Clause Language
Davis-Bacon and Copeland Anti-Kickback Acts
(1) Minimum wages –
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(i) All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination
of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the
contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits
under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (1)(iv) of this section; also, regular contributions made or costs incurred
for more than a weekly period (but not less often than quarterly) under plans, funds,
or programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill,
except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing
work in more than one classification may be compensated at the rate specified for
each classification for the time actually worked therein: Provided, That the
employer's payroll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional
classifications and wage rates conformed under paragraph (1)(ii) of this section) and
the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and
its subcontractors at the site of the work in a prominent and accessible place where it
can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and
wage rate and fringe benefits therefore only when the following criteria have been
met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be
performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the wage
determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a
classification prevails in the area in which the work is performed.
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(B) If the contractor and the laborers and mechanics to be employed in
the classification (if known), or their representatives, and the contracting
officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the contracting officer to the Administrator of the
Wage and Hour Division, Employment Standards Administration, U.S.
Department of Labor, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed
in the classification or their representatives, and the contracting officer do
not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the contracting
officer shall refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the
30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section,
shall be paid to all workers performing work in the classification under this
contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefit as
stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third
person, the contractor may consider as part of the wages of any laborer
or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics
which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The
contracting officer shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
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classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer agree
on the classification and wage rate (including the amount designated for fringe
benefits where appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour Division,
Employment Standards Administration, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on
the proposed classification and wage rate (including the amount designated for
fringe benefits, where appropriate), the contracting officer shall refer the
questions, including the views of all interested parties and the recommendation
of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination with 30
days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all
workers performing work in the classification under this contract from the first day
on which work is performed in the classification.
(2) Withholding - The City of Fort Collins shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to
be withheld from the contractor under this contract or any other Federal contract with the
same prime contractor, or any other federally-assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime contractor, so much of
the accrued payments or advances as may be considered necessary to pay laborers
and mechanics, including apprentices, trainees, and helpers, employed by the contractor
or any subcontractor the full amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the work (or under the United States Housing Act of
1937 or under the Housing Act of 1949 in the construction or development of the
project), all or part of the wages required by the contract, the City of Fort Collins may,
after written notice to the contractor, sponsor, applicant, or owner, take such action as
may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.
(3) Payrolls and basic records –
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(i) Payrolls and basic records relating thereto shall be maintained by the contractor
during the course of the work and preserved for a period of three years thereafter for
all laborers and mechanics working at the site of the work (or under the United
States Housing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and
social security number of each such worker, his or her correct classification, hourly
rates of wages paid (including rates of contributions or costs anticipated for bona fide
fringe benefits or cash equivalents thereof of the types described in section
1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include
the amount of any costs reasonably anticipated in providing benefits under a plan or
program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual cost incurred in providing
such benefits. Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the City of Fort Collins for transmission to the
Federal Transit Administration. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under section 5.5(a)(3)(i)
of Regulations, 29 CFR part 5. This information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose and may be purchased
from the Superintendent of Documents (Federal Stock Number 029-005-00014-1),
U.S. Government Printing Office, Washington, DC 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the contract and shall certify the
following:
(1) That the payroll for the payroll period contains the information required
to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5
and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid
the full weekly wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or indirectly from
the full wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the
classification of work performed, as specified in the applicable wage
17
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth
on the reverse side of Optional Form WH-347 shall satisfy the
requirement for submission of the "Statement of Compliance" required by
paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under section
1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under
paragraph (a)(3)(i) of this section available for inspection, copying, or
transcription by authorized representatives of the Federal Transit
Administration or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job.
If the contractor or subcontractor fails to submit the required records or to
make them available, the Federal agency may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records
upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees –
(i) Apprentices - Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to
and individually registered in a bona fide apprenticeship program registered with the
U.S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship Agency recognized by
the Bureau, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate)
to be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who
is not registered or otherwise employed as stated above, shall be paid not less than
the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any apprentice performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually performed.
Where a contractor is performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in the contractor's or
subcontractor's registered program shall be observed. Every apprentice must be
paid at not less than the rate specified in the registered program for the apprentice's
level of progress, expressed as a percentage of the journeymen hourly rate specified
in the applicable wage determination. Apprentices shall be paid fringe benefits in
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accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable classification. If
the Administrator of the Wage and Hour Division of the U.S. Department of Labor
determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the
event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency
recognized by the Bureau, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has received
prior approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of trainees to journeymen on the
job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines
that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate
who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable
wage rate on the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. In
the event the Employment and Training Administration withdraws approval of a
training program, the contractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR part
30.
(5) Compliance with Copeland Act requirements - The contractor shall comply
with the requirements of 29 CFR part 3, which are incorporated by reference in this
contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts
the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as
the Federal Transit Administration may by appropriate instructions require, and also
a clause requiring the subcontractors to include these clauses in any lower tier
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subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR
5.5 may be grounds for termination of the contract, and for debarment as a
contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3,
and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor
standards provisions of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7.
Disputes within the meaning of this clause include disputes between the contractor
(or any of its subcontractors) and the contracting agency, the U.S. Department of
Labor, or the employees or their representatives.
(10) Certification of eligibility –
(i) By entering into this contract, the contractor certifies that neither it (nor he or she)
nor any person or firm who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-
Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or
29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001.
18. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Background and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The
Act applies to grantee contracts and subcontracts “financed at least in part by loans or grants
from … the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49
CFR 18.36(i)(6). Although the original Act required its application in any construction contract
over $2,000 or non-construction contract to which the Act applied over $2,500 (and language to
that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any “contract in an
amount that is not greater than $100,000.” 40 USC 3701(b)(3) (A)(iii).
The Act applies to construction contracts and, in very limited circumstances, non-construction
projects that employ “laborers or mechanics on a public work.” These non-construction
applications do not generally apply to transit procurements because transit procurements (to
include rail cars and buses) are deemed “commercial items.” 40 USC 3707, 41 USC 403 (12).
A grantee that contemplates entering into a contract to procure a developmental or unique item
20
should consult counsel to determine if the Act applies to that procurement and that additional
language required by 29 CFR 5.5(c) must be added to the basic clause below.
The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model
clause below should be coordinated with counsel to ensure the Act’s requirements are satisfied.
Clause Language Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-
half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in paragraph (1) of this section the contractor and any
subcontractor responsible therefore- shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The (write in the name
of the grantee) shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
19. BONDING REQUIREMENTS
Applicability to Contracts
For those construction or facility improvement contracts or subcontracts exceeding
$100,000, FTA may accept the bonding policy and requirements of the recipient,
21
provided that they meet the minimum requirements for construction contracts as
follows:
(a) A bid guarantee from each bidder equivalent to five (5) percent of the bid price.
The "bid guarantees" shall consist of a firm commitment such as a bid bond, certifies check,
or other negotiable instrument accompanying a bid as assurance that the bidder will, upon
acceptance of his bid, execute such contractual documents as may be required within the
time specified.
(b) A performance bond on the part to the Contractor for 100 percent of the contract
price. A "performance bond" is one executed in connection with a contract to secure
fulfillment of all the contractor's obligations under such contract.
(c) A payment bond on the part of the contractor for 100 percent of the contract
price. A "payment bond" is one executed in connection with a contract to assure payment,
as required by law, of all persons supplying labor and material in the execution of the work
provided for in the contract. Payment bond amounts required from Contractors are as
follows:
1. 50% of the contract price if the contract price is not more than $1 million;
2. 40% of the contract price if the contract price is more than $1 million but not more
than $5 million; or
3. $2.5 million if the contract price is more than $5 million.
(d) A cash deposit, certified check or other negotiable instrument may be accepted
by a grantee in lieu of performance and payment bonds, provided the grantee has
established a procedure to assure that the interest of FTA is adequately protected. An
irrevocable letter of credit would also satisfy the requirement for a bond.
Flow Down
Bonding requirements flow down to the first tier contractors.
Model Clauses/Language
FTA does not prescribe specific wording to be included in third party contracts. FTA has
prepared sample clauses as follows:
Bid Bond Requirements (Construction)
(a) Bid Security
A Bid Bond must be issued by a fully qualified surety company acceptable to the City and
listed as a company currently authorized under 31 CFR, Part 223 as possessing a
Certificate of Authority as described thereunder.
(b) Rights Reserved
In submitting this Bid, it is understood and agreed by bidder that the right is reserved by the
City to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be
22
withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the
written consent of the City.
It is also understood and agreed that if the undersigned bidder should withdraw any part or all of
his bid within [ninety (90)] days after the bid opening without the written consent of the City,
shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable
to furnish adequate and acceptable Performance Bonds and Labor and Material Payments
Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable
insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's)
damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or
provide adequate security therefore.
It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified
Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income
generated thereby which has been retained by the City as provided in [Item x "Bid Security" of
the Instructions to Bidders]) shall prove inadequate to fully recompense the City for the
damages occasioned by default, then the undersigned bidder agrees to indemnify the City and
pay over to the City the difference between the bid security and (Recipient's) total damages, so
as to make the City whole.
The undersigned understands that any material alteration of any of the above or any of the
material contained on this form, other than that requested, will render the bid unresponsive.
Performance and Payment Bonding Requirements (Construction)
The Contractor shall be required to obtain performance and payment bonds as follows:
(a) Performance bonds
1. The penal amount of performance bonds shall be 100 percent of the original contract
price, unless the the City determines that a lesser amount would be adequate for the
protection of the City.
2. The City may require additional performance bond protection when a contract price is
increased. The increase in protection shall generally equal 100 percent of the increase
in contract price. The City may secure additional protection by directing the Contractor
to increase the penal amount of the existing bond or to obtain an additional bond.
(b) Payment bonds
1. The penal amount of the payment bonds shall equal:
(i) Fifty percent of the contract price if the contract price is not more than $1
million.
(ii) Forty percent of the contract price if the contract price is more than $1 million
but not more than $5 million; or
(iii) Two and one half million if the contract price is more than $5 million.
23
2. If the original contract price is $5 million or less, the City may require additional
protection as required by subparagraph 1 if the contract price is increased.
Performance and Payment Bonding Requirements (Non-Construction)
The Contractor may be required to obtain performance and payment bonds when necessary to
protect the (Recipient's) interest.
(a) The following situations may warrant a performance bond:
1. City property or funds are to be provided to the contractor for use in performing the
contract or as partial compensation (as in retention of salvaged material).
2. A contractor sells assets to or merges with another concern, and the City, after
recognizing the latter concern as the successor in interest, desires assurance that it is
financially capable.
3. Substantial progress payments are made before delivery of end items starts.
4. Contracts are for dismantling, demolition, or removal of improvements.
(b) When it is determined that a performance bond is required, the Contractor shall be
required to obtain performance bonds as follows:
1. The penal amount of performance bonds shall be 100 percent of the original contract
price, unless the City determines that a lesser amount would be adequate for the
protection of the City.
2. The City may require additional performance bond protection when a contract price is
increased. The increase in protection shall generally equal 100 percent of the increase
in contract price. The City may secure additional protection by directing the Contractor
to increase the penal amount of the existing bond or to obtain an additional bond.
(c) A payment bond is required only when a performance bond is required, and if the use of
payment bond is in the (Recipient's) interest.
(d) When it is determined that a payment bond is required, the Contractor shall be required
to obtain payment bonds as follows:
1. The penal amount of payment bonds shall equal:
(i) Fifty percent of the contract price if the contract price is not more than $1
million;
(ii) Forty percent of the contract price if the contract price is more than $1 million
but not more than $5 million; or
(iii) Two and one half million if the contract price is increased.
Advance Payment Bonding Requirements
24
The Contractor may be required to obtain an advance payment bond if the contract contains an
advance payment provision and a performance bond is not furnished. The City shall determine
the amount of the advance payment bond necessary to protect the City.
Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond is not
furnished and the financial responsibility of the Contractor is unknown or doubtful. The City
shall determine the amount of the patent indemnity to protect the City.
Warranty of the Work and Maintenance Bonds
(a) The Contractor warrants to City, the Architect and/or Engineer that all materials and
equipment furnished under this Contract will be of highest quality and new unless otherwise
specified by City, free from faults and defects and in conformance with the Contract
Documents. All work not so conforming to these standards shall be considered defective. If
required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to
the kind and quality of materials and equipment.
(b) The Work furnished must be of first quality and the workmanship must be the best
obtainable in the various trades. The Work must be of safe, substantial and durable
construction in all respects. The Contractor hereby guarantees the Work against defective
materials or faulty workmanship for a minimum period of one (1) year after Final Payment by
City and shall replace or repair any defective materials or equipment or faulty workmanship
during the period of the guarantee at no cost to City. As additional security for these
guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X
below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to City
written by the same corporate surety that provides the Performance Bond and Labor and
Material Payment Bond for this Contract. These bonds shall secure the Contractor's
obligation to replace or repair defective materials and faulty workmanship for a minimum
period of one (1) year after Final Payment and shall be written in an amount equal to ONE
HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all).
20. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act.
25
21. ADA ACCESS
Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C.
Sections 12101 et seq. and DOT regulations, “Transportation Services for Individuals with
Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations, “Americans with
Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192
and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB’s “Americans with
Disabilities Act Accessibility Guidelines” (ADAAG), revised July 2004, which include accessibility
guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37.
DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that
buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix
A to 49 CFR Part 37.
22. CITY OF FORT COLLINS BID PROTEST PROCEDURES
The City of Fort Collins has a protest procedure, covering any phase of solicitation or award,
including but not limited to specification or award. The protest procedures are available from
the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580,
Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing:
Purchasing@fcgov.com or calling 970-221-6775.
General Decision Number: CO100026 09/30/2011 CO26
State: Colorado
Construction Type: Highway
Counties: Larimer, Mesa and Weld Counties in Colorado.
HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
0 09/30/2011
ENGI0009-012 05/01/2011
Rates Fringes
POWER EQUIPMENT OPERATOR:
(3)- Drill Rig Caisson
(smaller than Watson 2500 and similar) $ 23.67 9.22
(4)-Oiler
Weld County $ 23.82 9.22
(5)-Drill Rig Caisson
(Watson 2500 similar or large) $ 23.97 9.22
---------------------------------------------------------------------------------------------------------------------
SUCO2011-009 09/15/2011
Rates Fringes
CARPENTER
Excludes Form Work $ 20.72 5.34
Form Work Only
Larimer, Mesa $ 18.79 3.67
Weld $ 15.54 3.90
CEMENT MASON/CONCRETE FINISHER
Larimer $ 16.05 3.00
Mesa $ 17.53 3.00
Weld $ 17.48 3.00
ELECTRICIAN
Excludes Traffic Signalization Weld $ 33.45 7.58
Traffic Signalization Weld $ 25.84 6.66
FENCE ERECTOR
Weld $ 17.46 3.47
GUARDRAIL INSTALLER
Larmer, Weld $ 12.89 3.39
HIGHWAY/PARKING LOT STRIPING:
Painter
Larimer $ 14.79 3.98
Mesa $ 14.75 3.21
Weld $ 14.66 3.21
IRONWORKER, REINFORCING
(Excludes Guardrail Installation)
Larimer, Weld $ 16.69 5.45
IRONWORKER, STRUCTURAL
(Excludes Guardrail Installation)
Larimer, Weld $ 18.22 6.01
LABORER
Asphalt Raker
Larimer $ 18.66 4.66
Weld $ 16.72 4.25
Asphalt Shovele $ 21.21 4.25
Asphalt Spreade $ 18.58 4.65
Common or Genera $ 16.29 4.25
Concrete Saw (Hand Held) $ 16.29 6.14
Landscape and Irrigation $ 12.26 3.16
Mason Tender- Cement/Concrete $ 16.29 4.25
Pipelayer
Larimer $ 17.27 3.83
Mesa, Weld $ 16.23 3.36
Traffic Control (Flagger)... $ 9.55 3.05
Traffic Control (Sets Up/Moves Barrels, Cones,
Install Signs, Arrow Boards and Place
Stationary Flags)(Excludes Flaggers)
Larimer, Weld $ 12.43 3.22
PAINTER (Spray Only) $ 16.99 2.87
POWER EQUIPMENT OPERATOR:
Asphalt Laydown
Larimer $ 26.75 5.39
Mesa,Weld $ 23.93 7.72
Asphalt Paver $ 21.50 3.50
Asphalt Roller
Larimer $ 23.57 3.50
Mesa $ 24.25 3.50
Weld $ 27.23 3.50
Asphalt Spreader
Larimer $ 25.88 6.80
Mesa, Weld $ 23.66 7.36
Backhoe/Trackhoe
Larimer $ 21.46 4.85
Mesa $ 19.81 6.34
Weld $ 20.98 6.33
Bobcat/Skid Loader
Larimer $ 17.13 4.46
Mesa, Weld $ 15.37 4.28
Boom $ 22.67 8.72
Broom/Sweeper
Larimer $ 23.55 6.20
Mesa $ 23.38 6.58
Weld $ 23.23 6.89
Bulldozer
Larimer, Weld $ 22.05 6.23
Mesa $ 22.67 8.72
Crane $ 26.75 6.16
Drill
Larimer, Weld $ 31.39 0.00
Mesa $ 35.06 0.00
Forklift $ 15.91 4.68
Grader/Blade
Larimer $ 24.82 5.75
Mesa $ 23.42 9.22
Weld $ 24.53 6.15
Guardrail/Post Driver $ 16.07 4.41
Loader (Front End)
Larimer $ 20.45 3.50
Mesa $ 22.44 9.22
Weld $ 23.92 6.67
Mechanic
Larimer $ 27.68 4.57
Mesa $ 25.50 5.38
Weld $ 24.67 5.68
Oiler
Larimer $ 24.16 8.35
Mesa $ 23.93 9.22
Roller/Compactor (Dirt and Grade Compaction)
Mesa, Weld $ 21.33 6.99
Roller/Compactor (Dirt and Grade Compaction
Larimer $ 23.67 8.22
Rotomill
Larimer $ 18.59 4.41
Weld $ 16.22 4.41
Scraper
Larimer $ 21.33 3.50
Mesa $ 24.06 4.13
Weld $ 30.14 1.40
Screed
Larimer $ 27.20 5.52
Mesa $ 27.24 5.04
Weld $ 27.95 3.50
Tractor $ 13.13 2.95
TRAFFIC SIGNALIZATION:
Groundsman
Larimier $ 11.44 2.84
Mesa $ 16.00 5.85
Weld $ 16.93 3.58
TRUCK DRIVER
Distributor
Larime $ 19.28 4.89
Mesa $ 19.17 4.84
Weld $ 20.61 5.27
Dump Truck
Larimer $ 18.86 3.50
Mesa $ 15.27 4.28
Weld $ 15.27 5.27
Lowboy Truck
Larimer $ 18.96 5.30
Mesa,Weld $ 18.84 5.17
Mechanic $ 26.48 3.50
Multi-Purpose Specialty & Hoisting Truck
Larimer, Mesa $ 16.65 5.46
Weld $ 16.87 5.56
Pickup and Pilot Car $ 13.93 3.68
Semi/Trailer Truck $ 18.39 4.13
Truck Mounted Attenuator $ 12.43 3.22
Water Truck
Larimer $ 19.14 4.99
Mesa $ 15.96 5.27
Weld $ 19.28 5.04
---------------------------------------------------------------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing operation to which welding is
incidental.
===================================================================
Unlisted classifications needed for work not included within the scope of the
classifications listed may be added after award only as provided in the labor standards
contract clauses (29 CFR 5.5(a)(1)(ii)).
---------------------------------------------------------------------------------------------------------------------
In the listing above, the "SU" designation means that rates listed under the identifier do
not reflect collectively bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be prevailing.
---------------------------------------------------------------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage
determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys,
should be with the Wage and Hour Regional Office for the area in which the survey was
conducted because those Regional Offices have responsibility for the Davis-Bacon
survey program. If the response from this initial contact is not satisfactory, then the
process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial
contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 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, DC 20210
The request should be accompanied by a full statement of the interested party's position
and by any information (wage payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal
directly to the Administrative Review Board (formerly the Wage Appeals Board). Write
to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: Mason Corridor Tree Transplanting
CONTRACTOR:
PROJECT NUMBER: 7313
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER 0.00
TOTAL PENDING CHANGE ORDER 0.00
TOTAL THIS CHANGE ORDER 0.00
TOTAL % OF THIS CHANGE ORDER
TOTAL C.O.% OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST $ 0.00
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
ACCEPTED BY: 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
Section 00960
APPLICATION FOR PAYMENT PAGE 1 OF 4
OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
NUMBER DATE AMOUNT
The present status of the account for this Contract is as
follows:
1
2 Original Contract Amount:
3 Net Change by Change Order:
Current contract Amount: $0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage: $0.00
Less Retainage:
Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the CONTRACTOR.
Date: By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By:
CONTRACT AMOUNTS
APPLICATION FOR
PAYMENT PAGE 2 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4
Work Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS 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 PAGE 4 OF 4
On Hand Received Installed On Hand
Item Invoice Previous This This This
Number Number Description Application Period Period Application
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00 $0.00 $0.00 $0.00
2011 MASON CORRIDOR TREE TRANSPLANTING
GENERAL REQUIREMENTS INDEX
SECTION PAGE NUMBERS
01010 Summary of Work General Requirements 1-2
01040 Coordination General Requirements 3-4
01310 Construction Schedules General Requirements 5-6
01330 Survey Data General Requirements 7
01340 Shop Drawings General Requirements 8-10
01410 Testing General Requirements 11-12
01510 Temporary Utilities General Requirements 13
01560 Temporary Controls General Requirements 14-15
01700 Contract Closeout General Requirements 16
01800 Method of Measurement and Basis of Payment General Requirements 17
SECTION 01010
SUMMARY OF WORK
General Requirements - Page 1 of 17
1.1 DESCRIPTION OF WORK
A. This work consists of transplanting trees, including mulching, staking, and watering from various locations within
the Mason Corridor to Transplant Area #1 (Troutman Detention Pond) and Transplant Area #2 (CSU South
Campus). One contractor shall provide all tree transplanting. Subcontractors may be used for non-transplanting
work only. All miscellaneous materials required to complete the work, including all labor, materials, equipment,
and traffic control are included. Federal requirements and Davis-Bacon wages apply. Specific locations are
described in the plans “Mason Corridor BRT – Tree Mitigation Plan" and in Section 3500, Project Map. Quantities
are listed in the bid schedule. All transplanting shall occur between January 15, 2012, and May 1, 2012.
B. Protection and Restoration.
1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore
all areas disturbed to match surrounding surface conditions. Also see tree protection standards.
C. Construction Hours
1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday,
unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance
with Section 1560.
2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the
Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover
the Owner’s costs in providing field engineering and/or inspection services because of such work. The cost for
field engineering and inspection shall be $50.00 per hour.
1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES
A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when
prosecution of the Work may affect them.
B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to
temporarily deny access or services.
C. Contact utilities at least 48 hours prior excavating near underground utilities.
D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of
work schedule and any items which would affect their daily operation.
E. Erika Keeton and/or Tracy Dyer will be the Program Manager/Project Manager.
Erika Keeton 970-221-6521 / 970-222-0787 Tracy Dyer 970-416-2011 / 970-222-0855
F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's
convenience.
SECTION 01010
SUMMARY OF WORK
General Requirements - Page 2 of 17
UTILITIES
Water: City of Fort Collins, Colorado
221-6700, Meter Shop 221-6759
Storm Sewer: City of Fort Collins, Colorado
221-6700
Sanitary Sewer: City of Fort Collins, Colorado
221-6700
Electrical: City of Fort Collins, Colorado
221-6700
Gas: Xcel Energy Emergency 1-800-895-2999
Local Contact:
Pat Kreager 970.566.4416
Telephone: UNCC / 1-800-922-1987
Local Contact:
Debbie Kautz 970.689.0635
Traffic Operations: City of Ft. Collins, Colorado
221-6630
Cable Television: Comcast
493-7400
Utility Notification Center of Colorado (UNCC) - 811
1-800-922-1987
AGENCIES
Safety: Larimer County Sheriff's Department:
Occupational Safety and Health Administration Non-Emergency: 221-7177
(OSHA): 844-3061
Fire: Ambulance:
Poudre Fire Authority Poudre Valley Hospital
Non-Emergency: 221-6581 Non-Emergency: 484-1227
Emergency: 911 Emergency: 911
Police:
City of Fort Collins Police Department
Non-Emergency: 221-6540
Emergency: 911
Postmaster:
US Postal Service: 225-4111
Transportation:
Transfort: 221-6620
Traffic Engineering: 221-6630
END OF SECTION
SECTION 01040
COORDINATION
General Requirements - Page 3 of 17
1.1 GENERAL CONTRACTOR RESPONSIBILITIES
A. Coordinate operations under contract in a manner which will facilitate progress of the Work.
B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner
of performance of operations which affect the service of such utilities, agencies, or public safety.
C. Coordinate operations under contract with utility work to allow for efficient completion of the Work.
D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to
provide satisfactory access at all times and keep them informed at all times.
E. Obtain Railroad Contractor ID Badge and Burlington Northern Santa Fe Railroad Safety Orientation Card for all
employees who will be present on the job site. Information is available at: http://railroadcourses.com/
1.2 CONFERENCES
A. A Pre-construction Conference will be held prior to the start of construction.
1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic
Control Supervisor assigned to the project.
2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project.
3. The Engineer shall invite all utility companies involved.
4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated
schedules.
5. The Engineer shall introduce the project Representatives.
B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work,
refining project schedules, and utility coordination.
C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or
is affected by, the work of others.
1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer.
1.3 PROGRESS MEETINGS
A. Contractor and Engineer shall schedule and hold regular progress meetings at least weekly and at other times as
requested by the Engineer or required by the progress of the Work.
B. Attendance shall include:
1. Contractor and Superintendent.
2. Owner's Representatives.
3. Engineer and Resident Project Representative.
4. Traffic Control Supervisor
5. Others as may be requested by Contractor, Engineer or Owner.
SECTION 01040
COORDINATION
General Requirements - Page 4 of 17
C. Minimum agenda shall include:
1. Review of work progress since last meeting.
2. Identification and discussion of problems affecting progress.
3. Review of any pending change orders.
4. Revision of Construction Schedule as appropriate.
D. The Project Representative and Contractor shall agree to weekly quantities at the progress meetings. The weekly
quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the
basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates.
END OF SECTION
SECTION 01310
CONSTRUCTION SCHEDULES
General Requirements - Page 5 of 17
1.1 GENERAL
A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of
tentative schedule by parties attending the pre-construction conference. This schedule will show how the contractor
intends to meet the milestones set forth.
1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of
delivery of equipment and materials.
1.2 FORMAT AND SUBMISSIONS
A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual
progress.
B. Submit two copies of each schedule to Owner for review.
1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work
with the needs of Owner or others.
C. The schedule must show how the street, landscaping and various utility work will be coordinated.
1.3 CONTENT
A. Construction Progress Schedule.
1. Show the complete work sequence of construction by activity and location.
2. Show changes to traffic control.
3. Show project milestones
B. Report of delivery of equipment and materials.
1. Show delivery status of critical and major items of equipment and materials.
2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for
equipment and materials, reference Section 01340.
1.4 PROGRESS REVISIONS
A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when
requested by Owner or Engineer, and with each application for progress payment.
B. Show changes occurring since previous submission.
1. Actual progress of each item to date.
2. Revised projections of progress and completion.
C. Provide a narrative report as needed to define:
1. Anticipated problems, recommended actions, and their effects on the schedule.
2. The effect of changes on schedules of others.
SECTION 01310
CONSTRUCTION SCHEDULES
General Requirements - Page 6 of 17
1.5 OWNER'S RESPONSIBILITY
A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting
Contractor in coordinating the Work with the needs of the Project.
B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques,
sequences and procedures of construction as provided in the General Conditions.
END OF SECTION
SECTION 01330
SURVEY DATA
General Requirements - Page 7 of 17
1.1 SURVEY REQUIREMENTS
A. The Owner will provide the construction surveying for the street and landscaping improvements. City Survey
Crews will perform the surveying required.
B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing
surveying.
C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey
personnel shall notify the Contractor with the date on which the requested work will be completed.
D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime,
the Contractor shall pay the additional overtime expense.
E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey
monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough
time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re-staking
construction stakes and for the cost of re-establishing a destroyed monument.
F. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary
forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance
with the information on the stakes and grade sheets supplied by the Owner.
END OF SECTION
SECTION 01340
SHOP DRAWINGS
General Requirements - Page 8 of 17
1.1 GENERAL
A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections.
1. Engineer will not accept Shop Drawings or other submittals from anyone but Contractor.
B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by Engineer prior to the time set
forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the
schedule.
C. Any need for more than one re-submission, or any other delay in obtaining Engineer's review of submittals, will not
entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of
Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for
review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to
coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or
an increase in Contract Price.
D. Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication.
E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped
by Contractor and properly marked by Engineer, are at the site and available to workmen.
F. Do not use Shop Drawings which do not bear Engineer's mark "NO EXCEPTION TAKEN" in the performance of
the Work.
Review status designations listed on Engineer's submittal review stamp are defined as follows:
1. NO EXCEPTION TAKEN
Signifies material or equipment represented by the submittal conforms with the design concept, complies with
the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is
to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be
transmitted for final distribution.
2. REVISE AS NOTED
Signifies material or equipment represented by the submittal conforms with the design concept, complies with
the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance
with Engineer's notations. Contractor is to proceed with the Work in accordance with Engineer's notations and
is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter
of transmittal.
3. REJECTED
Signifies material or equipment represented by the submittal does not conform with the design concept or
comply with the information given in the Contract Documents and is not acceptable for use in the Work.
Contractor is to submit submittals responsive to the Contract Documents.
SECTION 01340
SHOP DRAWINGS
General Requirements - Page 9 of 17
4. FOR REFERENCE ONLY
Signifies submittals which are for supplementary information only; pamphlets, general information sheets;
catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer or Owner in design,
operation, or maintenance, but which by their nature do not constitute a basis for determining that items
represented thereby conform with the design concept or comply with the information given in the Contract
Documents. Engineer reviews such submittals for general information but not for substance.
1.2 SHOP DRAWINGS
A. Include the following information as required to define each item proposed to be furnished.
1. Detailed installation drawings showing foundation details, and clearances required for construction.
2. Relation to adjacent or critical features of the Work or materials.
3. Field dimensions, clearly identified as such.
4. Applicable standards, such as ASTM or Federal Specification numbers.
5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance
characteristics and capacities, and other information specified or necessary:
a. For Engineer to determine that the materials and equipment conform with the design concept and comply
with the intent of the Contract Documents.
b. For the proper erection, installation, and maintenance of the materials and equipment which Engineer will
review for general information but not for substance.
c. For Engineer to determine what supports, anchorages, structural details, connections and services are
required for materials and equipment, and the effect on contiguous or related structures, materials and
equipment.
6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable
Engineer to review the information effectively.
B. Manufacturer's standard drawings, schematics and diagrams:
1. Delete information not applicable to the Work.
2. Supplement standard information to provide information specifically applicable to the Work.
C. Format.
1. Present in a clear and thorough manner.
2. Minimum sheet size: 8 ½" x 11".
3. Clearly mark each copy to identify pertinent products and models.
4. Individually annotate standard drawings which are furnished, cross out items that do not apply, describe exactly
which parts of the drawing apply to the equipment being furnished.
5. Individually annotate catalog sheets to identify applicable items.
6. Reproduction or copies of portions of Contract Documents:
a. Not acceptable as complete fabrication or erection drawings.
b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail
drawings.
SECTION 01340
SHOP DRAWINGS
General Requirements - Page 10 of 17
7. Clearly identify the following:
a. Date of submission.
b. Project title and number.
c. Names of Contractor, Supplier and Manufacturer.
d. Specification section number, specification article number for which items apply, intended use of item in the
work, and equipment designation.
e. Identify details by reference to sheet, detail, schedule or room numbers shown in the Contract Documents.
f. Deviations from Contract Documents.
g. Revisions on re-submittals.
h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field
measurements and field construction criteria, and coordination of the information within the submittal with
requirements of the Work and the Contract Documents.
1.3 SUBMISSION REQUIREMENTS
A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the
Work or in the work of any other contractor.
B. Minimum number required:
1. Shop Drawings.
a. Three (3) copies minimum, two (2) copies which will be retained by Engineer.
1.4 RE-SUBMISSION REQUIREMENTS
A. Make corrections or changes required by Engineer and resubmit until accepted.
B. In writing call Engineer's attention to deviations that the submittal may have from the Contract Documents.
C. In writing call specific attention to revisions other than those called for by Engineer on previous submissions.
D. Shop Drawings.
1. Include additional drawings that may be required to show essential details of any changes proposed by
Contractor along with required wiring and piping layouts.
END OF SECTION
SECTION 01410
TESTING
General Requirements - Page 11 of 17
1.1 GENERAL
A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and
forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have
been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use
after approval hereof shall not be incorporated into the work.
B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish
the required samples without charge and give sufficient notice of the placing of orders to permit the testing.
Products may be sampled either prior to shipment or after being received at the site of the work.
C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided,
sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with
the latest standards and tentative methods of the American Society for Testing Materials (ASTM).
D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such
information is included under the applicable sections of the Specifications. Any modification of, or elaboration on,
these test procedures which may be included for specific materials under their respective sections in the
Specifications shall take precedence over these procedures.
1.2 OWNER'S RESPONSIBILITIES
A. Owner shall be responsible for and shall pay all costs in connection with testing for the following:
1. Soil tests, except those called for under Submittals thereof.
2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner.
3. Concrete test, except those called for under Submittals thereof.
1.3 CONTRACTOR'S RESPONSIBILITIES
A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible
for and shall pay all costs in connection with testing required for the following:
1. All performance and field testing specifically called for by the specifications.
2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above.
3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave,
pour, or fill on schedule for any reason except by action of the Engineer.
B. Contractor shall notify the Project Representative 48 hours prior to performing an operation that would require
testing.
1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM
A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items
of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project.
This control shall be established for all construction except where the Contract Documents provide for specific
compliance tests by testing laboratories or engineers employed by the Owner. The Contractor’s control system shall
specifically include all testing required by the various sections of these Specifications.
SECTION 01410
TESTING
General Requirements - Page 12 of 17
B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the
Work. The Superintendent shall have adequate experience to perform the duties of Superintendent.
C. Contractor's quality control system is the means by which he assures himself that his construction complies with the
requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should
be keyed to the proposed construction schedule.
D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions
received from the Engineer and actions taken as a result of those instructions. These records shall include evidence
that the required inspections or tests have been performed (including type and number of inspections or test, nature
of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document
inspections and tests as required by each section of the Specifications. Provide copies to Engineer weekly.
END OF SECTION
SECTION 01510
TEMPORARY UTILITIES
General Requirements - Page 13 of 17
1.1 UTILITIES
A. Furnish all utilities necessary for construction.
B. Make arrangements with Owner as to the amount of water required and time when water will be needed.
1. Meters may be obtained through the Water Utility Meter Shop at 221-6759
2. Unnecessary waste of water will not be tolerated.
C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor.
1.2 SANITARY FACILITIES
A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or
furnishing services on the Project.
B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods.
C. Enforce the use of such sanitary facilities by all personnel at the site.
D. Obscure from public view to the greatest practical extent.
END OF SECTION
SECTION 01560
TEMPORARY CONTROLS
General Requirements - Page 14 of 17
1.1 NOISE CONTROL
A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated
areas.
B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a
manner to cause the least noise consistent with efficient performance of the Work.
C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m.
1.2 DUST CONTROL
A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing.
B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist
with water or by application of a chemical dust suppressant.
1. Chemical dust suppressant shall not be injurious to existing or future vegetation.
1.3 POLLUTION CONTROL
A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances
resulting from construction activities.
1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site.
2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts.
1.4 EROSION CONTROL
A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities.
1. Measures in general will include:
a. Control of runoff.
b. Trapping of sediment.
c. Minimizing area and duration of soil exposure.
d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of
banks and beds of watercourses or drainage swales where runoff will be increased due to construction
activities.
B. Preserve natural vegetation to greatest extent possible.
C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion.
D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual.
SECTION 01560
TEMPORARY CONTROLS
General Requirements - Page 15 of 17
1.5 TRAFFIC CONTROL
A. Maintain traffic control in accordance with the “Manual of Uniform Traffic Control Devices” (MUTCD), the City of
Fort Collins “Work Area Traffic Control Handbook,” and the current “Larimer County Urban Area Street
Standards.” In the event of a conflict between the MUTCD criteria and the City’s criteria, the City’s criteria shall
govern.
1.6 HAUL ROUTES
The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads.
These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements,
and/or pavements whose condition would be significantly damaged by heavy loads.
END OF SECTION
SECTION 01700
CONTRACT CLOSEOUT
General Requirements - Page 16 of 17
1.1 CLEANING AND RESTORATION
A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was
begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities
damaged or soiled during construction. The Project Representative will be the judge of the degree of restoration
required.
1.2 PROJECT RECORD DOCUMENTS
A. Maintain on the job site, and make available to the Engineer upon request, one current marked-up set of the
drawings which accurately indicate all approved variations in the completed work that differ from the design
information shown on the drawings. Further, these drawings should reflect all underground obstacles encountered.
B. These record drawings along with any survey records, photographs and written descriptions of said work as may be
required by the Engineer shall be submitted prior to project acceptance.
END OF SECTION
SECTION 01800
METHOD OF MEASUREMENT AND BASIS OF PAYMENT
General Requirements - Page 17 of 17
1.1 DEFECTIVE WORK
A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to
a point of acceptance.
1.2 BID PRICE
A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a
pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection
therewith shall be included in the prices bid for the various items of Work.
B. Prices shall include all costs in connection with the proper and successful completion of the Work, including
furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work.
C. Unit prices shall govern over extensions of sums.
D. Unit prices shall not be subject to re-negotiation.
1.3 ESTIMATED QUANTITIES
A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for
estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The
basis of payment shall be the actual amount of materials furnished and Work done.
B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any
difference between the amount of Work actually performed and materials actually furnished and the estimated
amount therefor.
END OF SECTION
SECTION 02000
PROJECT SPECIAL PROVISIONS
The Colorado Division of Transportation "Standard Specifications for Road and Bridge Construction", 2011, and the
current Larimer County “Urban Area Street Standards”, (hereafter referred to as the "Standard Specifications") are made
a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard
Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of
the provisions of the preceding Sections, the preceding Sections shall govern.
SECTION
104 Traffic and Parking Control
105 Control of Work
107 Protection and Restoration of Property and Landscape
108 Prosecution and Progress
215 Transplanting
630 Construction Zone Traffic Control
REVISION OF SECTION 104
TRAFFIC AND PARKING CONTROL
Project Special Provisions - Page 2 of 14
Section 104 of the Standard Specifications is hereby revised as follows:
Subsection 104.04 shall include the following.
It shall be the Contractor's responsibility to clear parking from the streets and parking lots when such parking will
interfere with the work. Prior to work that requires the street(s) to be closed to parking and/or traffic, the street(s)
shall be posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to the
commencement of work and shall clearly show the type of work, and the day, date and times that the message on the
sign is in effect. (For example, if a street is to be patched on Wednesday, July 2, the street shall be posted no later
than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY, JULY 2, 7:00
A.M. TO 6:00 P.M., PATCHING.) See sample "NO PARKING" sign. “NO PARKING” signs shall remain in place
until the street is opened to traffic and all clean up operations completed.
All information on the "NO PARKING" signs, with the exception of the date, shall be in block letters permanently
affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and written in block style
letters. The “NO PARKING” signs shall be in effect for one or two days only.
At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the
Engineer will meet to discuss the progress of the work and the placement of traffic control devices including "NO
PARKING" signs. Any necessary adjustments shall be made. The Contractor shall also review at this time with the
Engineer the proposed means of handling parking and traffic control for upcoming work. It is the responsibility of
the Contractor to minimize any inconvenience to the public as a result of this work.
The Contractor shall maintain pedestrian and vehicular access to all businesses within the project at all times.
Pedestrian access must be clearly delineated and buffered from construction activities at all times, and may include
construction and installation of temporary ramps and walkways as necessary.
Any changes in the traffic control, including additional signs, barricades, and/or flaggers needed in the field shall be
immediately implemented as directed by the Engineer.
The cost for traffic control is covered in “Revision of Section 630, Construction Zone Traffic Control” found herein.
Project Specifications - Page 3 of 14
END OF SECTION
NO
PARKING
Wed July 7
7:00 AM - 6:00 PM
PATCHING
REVISION OF SECTION 105
CONTROL OF WORK
Project Specifications - Page 4 of 14
Section 105 of the Standard Specifications is hereby revised as follows:
COOPERATION BETWEEN CONTRACTORS
Subsection 105.12 shall include the following:
City Utilities, Streets, Traffic, BNSF and utility contractors may perform work related to the project within or near
the limits of this project. The Contractor shall conduct the work without interfering or hindering the progress or
completion of the work being performed by other contractors. The Contractor shall coordinate extensively with
these entities to minimize traffic control and scheduling conflicts, and ensure timely completion of all the work.
INSPECTION AND TESTING OF WORK
Subsection 105.16 shall include the following:
The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of
required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a
minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring for
pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Engineer
from any responsibility for additional costs or delays caused by such failure.
Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as
prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may
be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that
payment therefore has been included in the progress estimate.
MAINTENANCE DURING CONSTRUCTION
Subsection 105.19 shall include the following:
The roadway and parking lot area, including curb, gutter, and sidewalk, adjacent to and through the construction area
shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left uncleaned
after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary manpower
and equipment to satisfactorily clean the roadway area.
The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to
clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the
commencement of work.
The Contractor shall maintain the streets during the construction process as prescribed above.
If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the Contractor
sufficient funds to cover the Owner's cost to provide said service.
All cost of maintaining the work during construction and before the project is accepted will not be paid for
separately, but shall be included in the work.
END OF SECTION
REVISION OF SECTION 107
PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE
Project Special Provisions - Page 5 of 14
Section 107 of the Standard Specifications is hereby revised as follows:
Subsection 107.12 shall include the following:
The fact that any underground facility - sprinkler systems, utility services, etc. - is not shown on the plans, details or
construction documents shall not relieve the Contractor of his responsibilities as provided for in the Contract. It
shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such underground improvements
which may be subject to such damage by reason of his operations.
All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground
facilities shall be considered incidental to the work being done and shall not be measured and paid for separately.
END OF SECTION
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Project Special Provisions - Page 6 of 14
Section 108 of the Standard Specifications is hereby revised as follows:
SCHEDULE
Subsection 108.03 shall include the following:
A schedule of work must accompany any bid, and shall include number of working days per area to complete all unit
work items covered by the contract. The schedule should take any priorities into consideration. The schedule should
also include projected start and end dates.
Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on the
schedule of working days discussed above.
LIMITATION OF OPERATIONS
Subsection 108.05 shall include the following:
The work shall be completed within the following calendar months:
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEPT
OCT
NOV
DEC
DETERMINATION AND EXTENSION OF TIME
Subsection 108.08 shall include the following:
Work hours shall be 7:00 a.m. to 6:00 p.m., Monday through Friday, or as approved by the Engineer.
All Work is to be completed prior to May 1, 2012, and during the months of January, February, March, and April.
FAILURE TO COMPLETE WORK ON TIME
Subsection 108.09 shall include the following:
Failure to meet the agreed upon milestones or fully complete the project prior to May 1, 2012, shall result in
damages assessed against the Contractor.
At the City’s option, liquidated damages in the amount of $500.00 per day may be retained from any monies due the
Contractor, or the City may retain an additional contractor(s) to complete the work, or portion thereof, and retain any
costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of
liquidated damages.
END OF SECTION
REVISION OF SECTION 215
TRANSPLANTING
Project Specifications - Page 7 of 14
Section 215 of the Standard Specifications is hereby revised as follows:
DESCRIPTION
Subsection 215.01 shall be removed and replaced with the following:
This work consists of transplanting trees from various locations within the project corridor to Transplant Areas
#1 and #2, including soil plug replacement, mulching, staking, pruning, watering, and minor surface restoration
as shown on the plans, and in accordance with this specification and accepted standard horticultural practice at
the designated locations.
One contractor shall provide all tree transplanting. Subcontractors may be used for non-transplanting work only.
Contractor shall include a detailed description of the equipment and size rating to be used in tree transplanting
at the time of the bid. The spades used for this work must be truck mounted rather than trailer mounted.
All transplanting shall occur between January 15, 2012, and May 1, 2012, weather and site conditions
permitting.
CONSTRUCTION REQUIREMENTS
Subsection 215.03 shall include the following:
Trees to be transplanted will be marked in the field by the City Forester or designated City Representative.
Minor changes in the number of trees or location of trees transplanted to the transplant areas may occur based
on conditions at the time of transplanting.
Transplant Area #1 is located in the City owned detention pond on the south side of Troutman Parkway on the
west side of the Mason Trail. Specific locations for each tree in Transplant Area #1 shall be determined in the
field by either the City Forester or the designated City Representative, in conjunction with the designated
Detention Pond Representative.
Transplant Area #2 is located on Colorado State University (CSU) property on the south side of the NRRC
Campus Drive, between the Mason Trail and the Regulated Materials Building on the CSU South Campus.
Specific locations for each tree in Transplant Area #2 shall be determined in the field by the Campus Landscape
Architect.
Contractor is responsible for and must obtain utility locates prior to beginning any work. Utility locates must
remain current for the entire period of time the transplanting work is occurring.
Pruning will be restricted to removing broken branches or to shorten or remove branches necessary to close the
spade around the tree. Pruning shall be pre-authorized by the City Forester.
Demolition of adjacent infrastructure, such as asphalt or concrete, to accommodate the tree spade shall be kept
to the minimum extent feasible and the limits approved in advance by the City Representative. Demolition shall
be provided by the Contractor, and any resulting debris shall be removed the same day.
Trees shall be machine transplanted with tree spades. Trees shall be dug, properly pruned, and prepared for
transplanting in accordance with standard practice. The root system shall be kept moist and trees shall be
protected from adverse conditions due to climate and transporting from the time they are dug to the time of the
actual planting. The tree trunk must be at the center of the ball. Variance from this standard must be approved
by the City Forester.
Open holes must be adequately barricaded and covered until transplanting and backfilling are complete.
REVISION OF SECTION 215
TRANSPLANTING
Project Specifications - Page 8 of 14
The following table represents the minimum size of spade machine equipment to be used for transplanting trees
and the number of stakes required based upon caliper size:
Caliper* Minimum Spade Machine Size Number of Stakes (Typical)
1”-3.5” 44” 3
3.5”-6.5” 65” 3
6.5”-9.5” 90” 5
9.5”-13” 100” 5
*Larger trees may be attempted after assessment by the City Forester and Contractor
Each tree shall be transplanted to the new site using the same spade with which it was dug, or several trees may
be spade-dug and transported in a pod trailer manufactured specifically for this purpose. Trees shall not be
removed from the spade and transported in a haul truck. The Contractor shall give the City Representative one
week notice prior to transplanting trees. A City Representative will be designated to be on site to oversee all
tree planting.
Trees shall not be placed in holding beds. Each tree must be set in the receiving hole on the same day which it
was dug.
After the tree is planted, a saucer shall be built per the Tree Transplanting Detail. The depth of saucer shall not
be below the top of the root system of the tree. The saucer shall be filled with water per the Initial Watering
schedule contained herein. Saucers shall be covered with a 3-4 inch thick layer of wood chip mulch, including
the area over the root system and extending out over the saucer rim..
Mulch will be provided by the City Forestry Division. Contractor is responsible for hauling mulch from the City
of Fort Collins Parks Shop located at 413 South Bryan, or the Timberline Substation located at the southwest
corner of Prospect Road and Timberline Road. The City will load contractor’s truck. Contractor must contact
the City Forestry Division two days prior to hauling (Del Bernhardt or Ralph Zentz at 970-221-6660) to
schedule loading.
All transplanted trees shall be staked in accordance with the Tree Transplanting Detail. After one year, the
stakes shall be removed by the Contractor, or as directed by the City Forester.
All holes will be filled with replacement soil plugs or otherwise backfilled with an acceptable soil mix. The area
surrounding the excavated hole shall be leveled to the maximum extent feasible so as not to create a tripping
hazard.
Landscape and Surface Restoration - The soil plug surface shall be improved to reasonably match existing
conditions with grass seed, landscape fabric, mulch, or rock. Temporary repairs shall be made to damaged
concrete or asphalt to allow continued use of the facility after transplanting. Irrigation shall be repaired to a
suitable condition for the existing system to function until future construction activities are complete.
Initial Watering - Each tree must be watered thoroughly (saturate rootball) at time of planting:
44” to 65” spade transplanted trees = minimum 100 gallons
90” to 100” spade transplanted trees = minimum of 200 gallons
The Contractor shall provide a Winter Watering schedule, and notify the City Representative one working day
prior to watering.
REVISION OF SECTION 215
TRANSPLANTING
Project Specifications - Page 9 of 14
Winter Watering - Water once a month as conditions allow in winter months for the first two years after
transplanting (November through April):
44” up to 64” spade transplanted trees = minimum of 50 gallons per watering
65” up to 89” spade transplanted trees = minimum of 75 gallons per watering
90” or greater spade transplanted trees = minimum of 100 gallons per watering
The Contractor shall provide a Growing Season Watering schedule, and notify the City Representative one
working day prior to watering.
Growing Season Watering - Water once every week during the growing season (May through October):
44” up to 64” spade transplanted trees = minimum of 50 gallons per watering
65” up to 89” spade transplanted trees = minimum of 75 gallons per watering
90” or greater spade transplanted trees = minimum of 100 gallons per watering
Water meters may be obtained through the Water Utility Meter Shop at 970-221-6759. Unnecessary waste of
water will not be tolerated. In the event the watering schedules are not met, the City may retain an additional
contractor to complete the watering, or portion thereof, and retain any costs incurred above and beyond the bid
prices of the Contractor from any monies due the Contractor.
METHOD OF MEASUREMENT
Subsection 215.04 shall include the following:
The quantity of transplanted trees to be measured will be the actual number of trees transplanted and accepted in
their final location. Initial Watering, pruning, mulching, saucer construction, soil plug replacement, and backfill
will not be measured or paid for separately, but shall be included in the unit price for each Transplant Tree.
Tying of branches to fit with the tree spade, or to reduce crown spread to facilitate transplanting will not be
measured or paid for separately, but shall be included in the price of each Transplant Tree.
The quantity of Watering to be measured will be the actual hours spent watering all transplanted trees at the
gallon rates described above, including haul, water, equipment and labor.
Landscape and Surface Restoration will be paid by Force Account, and shall be utilized for labor and
materials necessary to match existing surface conditions, repair irrigation, and temporarily repair asphalt and
concrete damaged by transplanting operations. Contractor must submit labor and equipment rates prior to
construction. Maximum markup on materials is 15%. Contractor must notify City Representative in advance
when work will be performed under this item, and submit itemized daily logs, receipts and any other necessary
supporting documentation for payment.
The quantity of Stakes to be measured will be the actual number of stakes placed. Removal of the stakes after a
period of one year will not be measured or paid for separately, but shall be included in the unit price for Stakes.
REVISION OF SECTION 215
TRANSPLANTING
Project Specifications - Page 10 of 14
BASIS OF PAYMENT
Subsection 215.05 is hereby revised as follows:
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
215.01 Transplant Tree - 44” Spade Each
215.02 Transplant Tree - 65” Spade Each
215.03 Transplant Tree - 90” Spade Each
215.04 Transplant Tree - 100” Spade Each
215.05 Stakes Each
215.06 Watering Hour
215.07 Force Account – Landscape and Surface Restoration FA
Payment for the above items shall include full compensation for furnishing all labor, materials, tools, equipment, and
incidentals, and for doing all the work involved in Transplanting, complete-in-place, including haul, saucer construction,
staking, mulching, watering, soil plug replacement, irrigation repair and surface restoration as shown on the plans, as
specified in these specifications, and as directed by the City Representative.
END OF SECTION
REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Project Special Provisions - Page 11 of 14
Section 630 of the Standard Specifications is hereby revised as follows:
DESCRIPTION
Subsection 630.01 shall be revised as follows:
This work shall consist of furnishing, installing, moving, maintaining and removing temporary construction traffic
control devices, including but not limited to signs, advance warning arrows panels, variable message boards,
barricades, channelizing devices, and delineators as required by the latest revision of the City of Fort Collins “Work
Area Traffic Control Handbook,” "Manual on Uniform Traffic Control Devices for Streets and Highways"
(MUTCD), the current Larimer County Urban Area Street Standards (LCUASS), and the Colorado Department of
Transportation Standard Specifications for Road and Bridge Construction.
In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern.
When a device is not in use, the Contractor shall remove it from the project for the period it is not needed. Devices
temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices removed from
the project and later returned to use.
Traffic control devices shall be placed and/or stored in the City right-of-way in such a manner that minimizes the
hazards to pedestrians, bicyclists and vehicles.
Traffic control devices shall be removed from the site immediately upon completion of the work.
MATERIALS
Subsection 630.02 shall include the following:
All traffic control devices placed for this project must meet or exceed the minimum standards set forth in The City of
Fort Collins Work Area Traffic Control Handbook and the MUTCD. All traffic control devices shall be clean and in
good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control
devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts
from the purpose for which they are intended (i.e. crossed out information, information written in long-hand style,
etc.)
Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to
avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as
residents affected by any information the sign may present.
CONSTRUCTION REQUIREMENTS
Subsection 630.10 shall be revised as follows:
TRAFFIC CONTROL PLAN
Traffic control through the construction areas is the responsibility of the Contractor.
For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans shall be submitted for approval
to the Traffic Engineer by noon, two working days prior to the commencement of work. (Note: Traffic Control
Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) Traffic control
plan approval forms can be found at the following location:
http://www.fcgov.com/traffic/pdf/approval_form_cover_sheet_final_no_watermark.pdf
REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Project Specifications - Page 12 of 14
Full Road Closure plans for Local Residential streets shall be submitted a minimum of one week prior to the desired
start date. Full Road Closure plans for major streets (Arterials & Collectors) shall be submitted for review a
minimum of 4 weeks in advance of the desired start date. A copy of the approved Traffic Control Plan shall be on
the site prior to set-up and kept on site at all times.
All plans shall be delivered to City Traffic Operations office for review, 626 Linden Street. Facsimiles of plans shall
not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to
have an approved Traffic Control Plan shall constitute cause for the City to stop work, as well as the Contractor's
forfeiture of payment for all work and materials at that location, with no adjustment in the contract time.
All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be
considered incidental to the Work.
The Traffic Control Plan shall include, as a minimum, the following:
(1) A detailed diagram which shows the location of all sign placements, including advance construction
signs (if not previously approved) and speed limit signs; method, length and time duration for lane
closures, and location of flag persons. Plans shall be neatly drawn and legible. Street names shall
include prefixes and suffixes.
(2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to:
construction signs; vertical panel; vertical panel with light; Type I, Type II, and Type III barricades;
cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain
traffic control devices may be used for more than one operation or phase. However, all devices
required for any particular phase must be detailed and tabulated for each phase.
(3) Number of flaggers to be used.
(4) Parking Restrictions to be in effect.
Approval of the proposed method of handling traffic is intended to indicate those devices which will be used. Such
approval does not relieve the Contractor of liability specifically assigned to him under this contract.
Parking Restriction Plans shall be submitted and approved which show the location and quantity of "NO PARKING"
signs, the date to be placed, and the date to be removed. The plans shall be prepared on City supplied forms. The
Parking Restriction Plans shall be submitted to the Traffic Engineer by noon, two working days prior to the
commencement of work. (Note: Parking Restriction Plans for work done on Monday and Tuesday shall be
submitted the previous Friday by noon.) All plans shall be delivered to City Traffic Operations office for review,
626 Linden Street. Facsimiles of plans shall not be allowed. No phase of the construction shall start until the
Parking Restriction Plan has been approved. Failure to have an approved Parking Restriction Plan shall constitute
cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that
location, with no adjustment in the contract time. The cost for preparing and submitting the parking restriction plans
shall be included in the contract unit price for Traffic Control.
Subsection 630.11 shall be revised as follows:
TRAFFIC CONTROL MANAGEMENT
Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a
current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control
Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of
certification shall be presented to the City Traffic Control Manager, and when requested by a City representative, for
each TCS utilized on this project.)
REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Project Specifications - Page 13 of 14
The TCS shall have a minimum of one year experience as a certified TCS. Qualifications shall be submitted to the
Engineer for approval a minimum of one week prior to commencement of the work.
The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the cost of the work.
It is the intent of the specifications that the TCS be the same throughout the project. If the TCS is to be replaced
during the project, the Engineer shall be given a minimum of one (1) weeks notice and qualifications shall be
submitted for approval for the replacement.
The TCS's duties shall include, but not be limited to:
(1) Preparing, revising and submitting Traffic Control Plans as required. (City review fees will not be
measured or paid for separately, but shall be considered incidental to the Work.)
(2) Direct supervision of project flaggers.
(3) Coordinating all traffic control related operations, including those of the Subcontractors and suppliers.
(4) Coordinating project activities with appropriate police and fire control agencies, Transfort, school
districts and other affected agencies and parties prior to construction. Typed hand delivered
notification to all businesses and residents at least 24 hours prior to construction. (The notification of
residents and businesses may be accomplished by a representative of the TCS.)
(5) Maintaining a project traffic control diary which shall become part of the City's project records.
(6) Inspecting traffic control devices on every calendar day for the duration of the project.
(7) Insuring that traffic control devices are functioning as required.
(8) Overseeing all requirements covered by the plans and specifications which contribute to the
convenience, safety and orderly movement of traffic.
(9) Flagging.
(10) Setting up traffic control devices.
Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing letters
indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on lawn
watering during concrete pouring, etc.), the dates and times of the work, and the parking and access restrictions that
will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters will be provided by the
Engineer and shall be distributed prior to the commencement of each phase of the work. Letters shall be submitted
to the Engineer for approval. Approved letters shall be distributed a minimum of 24 hours prior to the
commencement of work. (Note: The time frame criteria for distributing letters are the same as for posting "NO
PARKING" signs.) The cost for preparing and distributing the letters shall be included in the cost for Traffic
Control.
Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make
arrangements so that the Traffic Control Supervisor or their approved representative will be available on every
working day, "on call" at all times and available upon the Engineer's request at other than normal working hours.
All costs associated with “on call” service, excluding actual hours worked, shall be included in the contract unit
price for Traffic Control.
All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor.
REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Project Specifications - Page 14 of 14
The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic Control
Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway construction, available
at all times.
BASIS OF PAYMENT
Subsection 630.16 shall be revised as follows:
The accepted quantities will be paid for at the contract unit price for each of the pay items listed below:
Pay Item Unit
630.01 Construction Zone Traffic Control Lump Sum
The City shall not be responsible for any losses or damage due to theft or vandalism. Payment shall be full
compensation for furnishing, erecting, maintaining, moving, removing and disposing of construction traffic control
devices necessary to complete the work. All construction traffic control devices which are not permanently
incorporated into the project will remain the property of the Contractor.
END OF SECTION
SECTION 02500
QUANTITY ESTIMATE
Key Caliper Type Condition Action Mitigation
Number
New
Location
Min Spade
Size
# of Winter
Watering
#of Growing Season
Watering # of Stakes
B-05 6 HONEYLOCUST GOOD TRANSPLANT 0 1 65" 14 48 3
D-119 4 LITTLE LEAF LINDEN FAIR TRANSPLANT 0 2 65" 14 48 3
D-120 4 LITTLE LEAF LINDEN GOOD TRANSPLANT 0 2 65" 14 48 3
65" Total 3 42 144 9
Key Caliper Type Condition Action Mitigation
Number
New
Location
Min Spade
Size
# of Winter
Watering
#of Growing Season
Watering # of Stakes
B-12 9 HONEYLOCUST GOOD TRANSPLANT 2 1 90" 14 48 5
B-153 8 HACKBERRY GOOD TRANSPLANT 0 2 90" 14 48 5
B-17 8 HONEYLOCUST GOOD TRANSPLANT 0 1 90" 14 48 5
B-18 8 HONEYLOCUST GOOD TRANSPLANT 2 1 90" 14 48 5
D-15 8 BUR OAK GOOD TRANSPLANT 2 2 90" 14 48 5
D-17 9 BUR OAK GOOD TRANSPLANT 2 2 90" 14 48 5
D-41 9 AUSTRIAN PINE GOOD TRANSPLANT 2.5 1 90" 14 48 5
D-53 8 AUSTRIAN PINE GOOD TRANSPLANT 2.5 2 90" 14 48 5
D-55 9 AUSTRIAN PINE GOOD TRANSPLANT 2.5 2 90" 14 48 5
D-58 9 AUSTRIAN PINE GOOD TRANSPLANT 2.5 2 90" 14 48 5
D-70 9 HACKBERRY FAIR TRANSPLANT 2 2 90" 14 48 5
E-52 9 AUSTRIAN PINE GOOD TRANSPLANT 2 2 90" 14 48 5
E-54 9 AUSTRIAN PINE GOOD TRANSPLANT 2 2 90" 14 48 5
E-55 9 AUSTRIAN PINE GOOD TRANSPLANT 2 2 90" 14 48 5
E-56 9 AUSTRIAN PINE GOOD TRANSPLANT 2 2 90" 14 48 5
E-58 7 AUSTRIAN PINE GOOD TRANSPLANT 1 2 90" 14 48 5
E-60 7 AUSTRIAN PINE GOOD TRANSPLANT 1 2 90" 14 48 5
E-84 7 HACKBERRY GOOD TRANSPLANT 0 2 90" 14 48 5
F-04 8 TEXAS RED OAK GOOD TRANSPLANT
¹
2290" 14 48 5
F-20 7 GREENSPIRE LINDEN GOOD TRANSPLANT 1 2 90" 14 48 5
F-43 7 NORWAY MAPLE GOOD TRANSPLANT
¹
2290" 14 48 5
90" Total 21 294 1008 105
Key Caliper Type Condition Action Mitigation
Number
New
Location
Min Spade
Size
# of Winter
Watering
SECTION 03000
DETAILS
TREE TRANSPLANTING DETAIL
00
2 STRAND TWISTED GALVANIZED
WIRE WITH GROMMETED TREE
STRAP OR EQUIVALENT
(SUBMIT SAMPLE FOR APPROVAL)
BUILD SOIL SAUCER RIM 10"-12" HIGH
AT THE EDGE OF THE ROOTBALL
PROTECTIVE CAP FOR T-POST
(SUBMIT SAMPLE FOR APPROVAL)
6' METAL T-POST (SUBMIT
SAMPLE FOR APPROVAL)
x 3 TO 5 STAKES PER TREE
x DRIVE STAKES STRAIGHT
INTO SUBSOIL JUST
OUTSIDE OF ROOTBALL
(MINIMUM DEPTH 18")
x REMOVE STAKES AFTER
2 FULL GROWING
SEASONS
PLACE 3" TO 4" OF WOOD
MULCH OVER ROOTBALL. (CITY
FORESTRY TO PROVIDE MULCH
- SEE NOTES FOR DETAILS)
ALL DETECTIBLE AIR GAPS AROUND
THE ROOTBALL MUST BE FILLED
WITH SOIL AT TIME OF
TRANSPLANTING, BEFORE MULCH IS
APPLIED.
x FILL AIR GAPS WITH SOIL
x WATER
x CHECK FOR NEW AIR GAPS AND
FILL WITH SOIL
x APPLY MULCH (DEPTH 3"-4")
PLANT AS CLOSE TO GRADE AS
POSSIBLE
SECTION 03500
PROJECT MAPS
Transplant Area #1
Troutman Detention Pond
Transplant Area #2
CSU South Campus
Park Shop - Mulch Stockpile
413 S. Bryan
Timberline Substation
Mulch Stockpile
S SHIELDS ST
S COLLEGE AVE
S LEMAY AVE
S TIMBERLINE RD
E DRAKE RD
W DRAKE RD
LAPORTE AVE
RIVERSIDE AVE
W HARMONY RD
E PROSPECT RD
W MULBERRY ST
W PROSPECT RD
E LINCOLN AVE
E HORSETOOTH RD
W HORSETOOTH RD
E HARMONY RD
E MULBERRY ST
JEFFERSON ST
N LEMAY AVE
S LEMAY AVE
Warren Lake
Lake Sherwood
Parkwood Lake
City Park Lake
Cache La Poudre River
Harmony Reservoir
2011 Mason Corridor Tree Transplanting
City of Fort Collins Vicinity Map ´
CONSTRUCTION BARRIER FENCING NTS
1PROTECTION TREE
C1-302
C1-302
\
\ \ \ \ \ \
MASON CORRIDOR BRT
969
C1-302
C1-302
\ \ \ \ \ \ \
MASON CORRIDOR BRT
970
C1-302
C1-302
\ \ \ \ \ \ \
MASON CORRIDOR BRT
971
TREE TRANSPLANTING DETAIL
2
C1-302
C1-302
\ \ \ \ \ \ \
MASON CORRIDOR BRT
972
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
973
24+00
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
974
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
975
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
976
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
977
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
978
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
979
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
980
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
981
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
982
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
983
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
984
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
985
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
986
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
987
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
988
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
989
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
990
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
991
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
992
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
993
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
994
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
995
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
996
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
997
\ \ \ \ \ \ \
MASON CORRIDOR BRT
C1-302
C1-302
998
#of Growing Season
Watering # of Stakes
D-19 11 BUR OAK GOOD TRANSPLANT 2 2 100" 14 48 5
D-26 12 AUSTRIAN PINE GOOD TRANSPLANT 2.5 2 100" 14 48 5
D-31 13 AUSTRIAN PINE GOOD TRANSPLANT 2.5 1 100" 14 48 5
D-32 11 AUSTRIAN PINE GOOD TRANSPLANT 2.5 1 100" 14 48 5
D-33 13 AUSTRIAN PINE GOOD TRANSPLANT 2.5 1 100" 14 48 5
D-34 11 AUSTRIAN PINE GOOD TRANSPLANT 2.5 1 100" 14 48 5
D-39 12 AUSTRIAN PINE GOOD TRANSPLANT 2.5 1 100" 14 48 5
D-40 10 AUSTRIAN PINE GOOD TRANSPLANT 2.5 1 100" 14 48 5
D-42 12 AUSTRIAN PINE GOOD TRANSPLANT 2.5 1 100" 14 48 5
D-44 11 AUSTRIAN PINE GOOD TRANSPLANT 2.5 1 100" 14 48 5
D-45 11 AUSTRIAN PINE GOOD TRANSPLANT 2.5 1 100" 14 48 5
D-47 10 AUSTRIAN PINE GOOD TRANSPLANT 2.5 1 100" 14 48 5
D-50 10 AUSTRIAN PINE GOOD TRANSPLANT 2.5 1 100" 14 48 5
D-54 10 AUSTRIAN PINE GOOD TRANSPLANT 2.5 2 100" 14 48 5
D-56 10 AUSTRIAN PINE GOOD TRANSPLANT 2.5 2 100" 14 48 5
D-57 10 AUSTRIAN PINE GOOD TRANSPLANT 2.5 2 100" 14 48 5
D-63 10 AUSTRIAN PINE GOOD TRANSPLANT 2.5 2 100" 14 48 5
D-64 11 AUSTRIAN PINE GOOD TRANSPLANT 2.5 2 100" 14 48 5
D-65 13 AUSTRIAN PINE GOOD TRANSPLANT 2.5 2 100" 14 48 5
D-66 11 AUSTRIAN PINE GOOD TRANSPLANT 2.5 2 100" 14 48 5
D-67 12 AUSTRIAN PINE GOOD TRANSPLANT 2.5 2 100" 14 48 5
D-68 11 AUSTRIAN PINE GOOD TRANSPLANT 2.5 2 100" 14 48 5
D-71 13 AUSTRIAN PINE GOOD TRANSPLANT 2.5 2 100" 14 48 5
D-72 10 HACKBERRY FAIR TRANSPLANT 2 2 100" 14 48 5
D-73 10 AUSTRIAN PINE GOOD TRANSPLANT 2.5 2 100" 14 48 5
D-74 13 AUSTRIAN PINE GOOD TRANSPLANT 2.5 2 100" 14 48 5
D-75 11 AUSTRIAN PINE GOOD TRANSPLANT 2.5 2 100" 14 48 5
F-03 12 BUR OAK GOOD TRANSPLANT
¹
2.5 2 100" 14 48 5
100" Total 28 392 1344 140
1
To be transplanted unless underground utilities prevent the utilization of a tree spade
Page 1 of 1
None
None unless
non-
competitive
award
None
None unless
non-
competitive
award
None
None unless non-
competitive award
II Non State Grantees
a. Contracts below SAT
($100,000)
b. Contracts above
$100,000/Capital
Projects
Yes3
Yes3
Those
imposed on
non-state
Grantee pass
thru to
Contractor
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3
18 CFR 18.36 (i)