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499821 STRUCTURES INC - CONTRACT - BID - 7338 TROUTMAN PARKWAY GRADE SEPARATED CROSSING
City Of le F6rt CoWns Purchasing 0 Financial Services Purchasing Division 215 N. Mason St. 2n' Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing SPECIFICATIONS _►b CONTRACT DOCUMENTS FOR TROUTMAN PARKWAY GRADE SEPARATED CROSSING BID NO. 7338 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS 0 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be Rev10/20/07 Section 00100 Page 4 0 6,93 CO-,,rrmcTOR shall he solely reipon ible for scheduling arul catrdinating, the 'Work of Saboontractors. Suppliers and other persons and orgard2otions perfttrmu orfurrushing any ,of the Work under a direct, er 'oitlirecr. contract with CONTRACTOk. 'C'ONT RACTOR shall require nil: Subcuntractors, Suppliersand such other, persons. toil organiattions performing- or furnishing any of the Work to communicate with the•ENGID ETER through CONTPACTOR 6.10. The divisions indsections ofthe Specificatioms.and the. identificatioms of any .Drawings shall noo control, CONTR\CTOR. in dividing. - the Work among- Subconiractors or Suppliers or .dLlinparing• the,'Work to. he performed by any shoe! tic trade. 6.11. All. Work performcd:[or CONTILICT.OR by -a Subcontractor or Supplier will be pursuant to an appropriate agreement bctw, cen CON 1'.RACTOR. and.. the Subcontractor or Supplier which binds binds the. Subcontractor or Supplier to tha applicable terms and conditions of the Contract Documents: for the, benefit of • Patent Fees iutd Rarallies: 6,13, en CONTR\CTOR shall pail all limse tees and royalties d assume all costs incident to the use in the parformerce of the.. Work.or the incorporation tha Work of any invention, design, process, product or devise whi0i is iht subject of patent rights or copyrights held by others. If a po titular invention. cttsi st process product r:deyi a is specificd-in the .Contract Dert;unierits for Use in the Performance of the Work and if to sheactualknowledge of OWNUZ or MKGNEER its Use is,stibiect to patent nahts or copyriffits calling for the payment of arw heerue fee or niyalty to oth&s� the exisicnce. of such rights shall be disdtisrd by OWNER in the Contract Documents. 'to the fullest extent permitted by .Laws and Regulutiemr,. CONTRACTOR shall indemnify' and hold harml,%s Ol4'NrLR ENGCII TER- 'ENGINEER's ConsulttmLti and the, officers, dinxtcrs, employees. agents andotFier consultant., of each and any aftliem fromand against all claims, costs: losses.and darnaves arising out of or resulting from any intrinuemcnt of Intent righLr or copyrights incident to the itsc'in the performance of the %Vork.or resulting Gone the incorporation in the Work of any-, .invention, .desiert. praci'ss..product or device not speciticd in the Contract. DucumcnL& I. E:jr'Ur GBXcT.�ll,CO2.UflOt:S I'J I!!\ti y9V L•'aitiinl :r'LT(YOG rQR? COLLI: A3110UtPIC,4rlONS ra19\'�U?0!!Of 0 Permits 6,13:. Unless'othcnvise provided',in the Su'pplementary c:"onditions. rONTR4C:TORshall obtain -and pay for all cortistrudiom permits and lieLmses. OWNER -shall assist CONTRACTOR, 'when !rosary, in oh6ining. such permits and'licatses. COINTR-ACTOP shall ,pay till governmental charges and. inspection fees necessary .for the prosecution of the.Work: which are applicable-at.the time of opening of Bids - .or. if thereare.no Bids, on the Effective Dnta of thz AL7umcnt. CONTR lC`TOR shall airy all'chtages-afutility mvners. for: connections. to the Work and OWNER shall pay all chames.of such utility' owncrs� foi. capital. costs. relatai thereto such as. plant irivesmrent fees. Gla. LaIvsand Rgyrdalions: 6.14:1. =,grR-kCTC)R hall give' all` notices. and comp)}y' with all laws. and Regulations applicable to, Ctirtushirig and performance of the Work. Except where otherwise aepressly required by _ appUablc Laws and Rzgulatiorts,' .neither. OWNER nor ENGINrEER 'shill be responsible for monitoring WNTRAC: OR's compliance with any taws. aws .or Regulations. 6, 14:?C If CONPRACTOR, pertbrms any Work knowingor having reason to know- that it is contrary' to Laws or Regulations, COO T'Rr\C, rCJR.shall [?car alb claims, costs, losses and damages caused by, 'arising :out of or resulting thcrcfiom-,'hotvcvcr,. it shall not be CONITR\CTORs primary rc5ponsiblllty •to snake certain that the Specifications and Drai iiip ire in 'accordance -wiih Caws and. Regulations; but this strati not relieve CONTRACTOR of CONT RAC MR's obligati6rts under parawaph 13.2. Taxes: tali, CONTR+\CCOR ;♦bill Ov act"sales, consumer. ttsc anal other similar;taxes required to be paid by CON°MR TOR Art accordance with the Caws Lind Regulations of the blaca of the Projectwhich are applicable.cluring- the performance of the Work. 6.1 i.1. 'OWNER is exempt friim Colorado Stato mid Ideal sties and use vises on materials to .be oernlarientl' i1 ncdrporatrd into the Frojvct. Said ta�cs shall not be included in the.Contract Price- Address: ColortdoDeoautmcttl brRevenue State Calint _4nnex- 137; Shtmian'street Denver: GolorRdo..R0261 , Sales and Use T ixea for the State of Colorado, R E,ional Tmnsoortation District (RTDI and certain Colorado counties tire colleciecl by the State of _Colorado and are, included. in the Certification of Exemption. At applicable Sales and Use 'faxes" (includin_ State collected taxed on any items.other thtin construction and building materials physically incorporated into the projectare to be paid by CONrRACTOR and are -td be included in appropriate bid items. U.Te of Prentiger: 6.16. CONTRAUl"OR, shall confine construction equipment. the storage of materials end:equipment until the operation of workers to the see: and land: and areas' identified in and permitted by the Contract. Documents and other, land and areaspermitted by Lait� and Regulations, rights -of -way, permits and. easentents, :and shall not unremonabdy encumber die premises with construction equipment. or other materials or :equipment. CONiTRACT.OR shall assmnc full N-ytonsibitity for any damage to any such land or area, or to the owner or me.upant thereofor of may adjacent land or area::, resulting Crom the pertbndance. of the Work Should any claim be made by any such •owner at n. cypant because of the performance of-dic Work, (-0INTRa(; I'ORshnll promptly settle withsuch other parry by negotiation or oiherwisc resolve the claim by arbitration or other dispute resolution proceeding or at late. CONTRACTOR shall, to the fullest extentpermittedby Laws and Regulations, indemnify and hold hatinless. OW�TM ENtGLN4ER LNG 41EGRs ConSuitariT and anyone directly 6r indirectly ernpliYed by any of then[, from and against all claims, casts, losses and damages arising out of or resulting loom any claim or action;. legal or equitable, brought. by arty such-otvner or rir:cupant. against OWNER,.DIG"NEER or any other pariv "indemnified hereunder to the. extent' caused by or based upon CO..\MtACTOWs performance of lice Work. 6.17. During the progress of the Work, CONTR-ACTOR shall keep the premises Gee"Gem acatmulailtvu of waste utarerials, rubbish and other debris resulting front. the Work At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from. and about the premises as well as all tools, appliances. cureitruction equipment and machinery and, surplus materiaR' is CON'THAC-fOshalt Icave'die site dean una ready for occupancy by OWNRER. at. Substantial' Completion of the Work. CONTRACTOR_ shall restore to original condition•all prpperfynot.desiutated for:dteiition by the Contract Document;: 6.I8, Ct NfR--\CTOR shall not toad nor permit any, part CC any stnleture to be I,�)aded° in any utatuier"that will cradmi_.�er the structure, nor shall CONTRACTOR siib oct any part. of the WorK or.adjacent property to stresses or pressures that will emdmger it. Record Uocuniencc ptcvcu[::ax u: Cr SurnOta ivtas p�9n HSdou by can OFFOR r COLLINS MOD .IFICA UIONS Ial:v aaunu) '6. R CUNRTRACTOR"shill maintain in a gaffe place nt the site one recpid copy of'oll. Dmwings,'Specific:ations, Addenda; Written .Amendments, Change Orders. Work Change Directives. " Field Orders and, written interpretations "arid clarificadins. (issued pursuantto paragrapl19.4) in good' order and anngmted to ihoiv nil changes made during corutruction These record documents together with all approved . Samples anal a counterpart of.all. approved Shop Drawings will be uvailable to ENGNEER. for rdecice. Upon completion of the. Work, 'and prior to release of finaloavment thew record documents, ".Samples and'Shop Drawings will be delivered to ENiCdNRE6kfor .OWNER: Safety and Protection: 6.20. CONTRACTOR shall be responsible for. initinting, maintaining and' supen•isins all safety preeautiuni and programs in connection with the Work. CON'l- .AGrOR shall take all necessary precautions for the safety UC and shall provide the necessary protection to prevent damage, injury (it loss .to: 6-2(1.f: pll'persons an the Work site of who may be affectcd by the Work: " 6.20.1 all the Work and materials and equipment to be .incorporated dicrcin, whether in storage on or off 1}IL Slte; �nCI 6.2i1.3. other property at the site or adjacent therein, including trees, shrubs; :lawns, walkspavements, roadways:. structures, tailitics and Underground Facilities not designated for.rcmoval, relocation or. replacement in the course of construcuort COZY R:1CTOR shill compry with all. applicable Laws and Regulations of any, public.hody.having jurisdiction for safety of persons or property or to protect them from damage, atjury or I= and shall erect and maintain all necessary safegurfMs for Such Safety and priaection. CONTRACTOR shall notify owners of adjacent property and of Underaround Facifilias and utility owners when prosecution of die Work may affect them, and shall cooperate with them in the protection, removal, relocation nail replacement of their property. All daatnee, injury or loss to� any property referredto ire paragraphs 6.20.2 or 6.203 mused, directly or indiructfv, in whole or in part, by CO\'TTLACTOR any, Subcontractor, Supplier or any other person or on_anantion directly -or 'uidire'ctly emploved'bTanyo(them for perCunn or Cornish any of tho Work or anyone fur whose actstuv'of than may be liable, shalt be remedied by CONTRACTOR (e.kxept damage or loss attributable to the fault of DmW ats or Specifications or to the acts or omission of (DWNERorENRGUEER or LNGINEER's Consultant or anyone emploved by any of -than or anyone fur'whose acts any of them -may be liable, and not attributable. directly or indirectly; in whole or in purl to the fault or ncgligen;e of CONTP %CfUR or ivay Subcontractor, Supplier or other person or organization directly or indirectly employed by any of Hamm). M-Ft RAM_ fOR's dutiesandmsponsili liiicnor the safery and protection of the Work shall continue until such time mall the Work is completed and FiNGIN EER has issued a 0 • 0 • • Is notice to Oiv^TLR.and MrfRAC 0R in accordance with paragraph'14:13_lhat the Work is acceptable (except as. uthenvise expressly provided in connection with .Substantial Cumplption). 611. Sajery Repreverrtam'g: CONTRAC FOR stall desteinate a qualified and es}erienced:safety- representative st the site t how d1i ics and responsibilities shall be thc.:prevention of accidents and the maintaining and supervising of safety precautions and prtxams. Hazhrd Communication Pius arcs. 6,22. C'O\TRACfOR ,shall be responsible hir eaardinating uny erhurige of material's.r fop', dale sheets 6r other hazard communication -inl'ornintion'requited.-to- tic made avaiLtblc to ur exchatued between or among emplayers of the site• in accordanS.c with laws, ;or Re_tilations. F:arergenciev.:. 6.23- In cmcrgcneieseftcctingthe.saiety or protecti6n of persons or the ll'ork or property at the' site or sdjUent. thereto. CONTRACI'.OR. without special'insrruction ar ntandrimtianfrom OWNER or ENG iMF.R, isobligated.to act to ,proem threatened .damage, injury or ..loss. CONCRAcTaR._sfall give i-,,LN riNF.BR prompt written notice if CON'RAC.'I'OR believes that am• siumficant changes ,in the Work or variations from. .fie. Contract Documents have been ciuscd thereby. It' ENGDIEER determines that a changc in the Commet. Documents is required b:ctuscrof thcactionud: n by CONTRACTOR in response to such an emergency. a Work Cbangc Directive or Change Order will' he issued to doc:umerit the eonsegaencesof such action. 6.24. ShopDrawin-snndSanrplev. 6:_'1.1. CONTR.gC[0[t shall submit Shop Draw'in6s to CNGtN� E)r review and;approval in accordance - with the zax:pted,schedule of Shop Drawings rind Sample submittals (sea pamgrnph 2.9). eW subminals will be identified its ENGL TCLR may require andin die number of copies Specified ui the, General, Requirements: The data shuwn on the ShopDmwings will be complete_ with respect to quantities,. �imcnvgns,, specified pertbmmnca mid design criteria, mut.rielk.and similar data td'show CNGLNCER the materials anal equipment CONfR4G•f(R proposes to provide and to enable DNGNEER ro review the .information for the- limited` purposes_ eyuind by . paragraph 6.26: 634.2. CONTR4CTI'OR shall also submit :Samples to LIGNEER for review and approval it accordance with said accepted schedule of-Shup Drawings and Sample submittals. Each Sample will be identified clearly as to material Supplier. pertinent data. such as catalog numbers and die use for which intended and otherwise as ENGUNEER may require to ert able ENGINEER. to review the suhinitml'forerhe limited RICDC C,E:du7dl, COIr'tit'riQ:�:i U I ry� tl `!9V ECilinnl 1(i u'tCrY OFFOR'C CUf.LlSS MODIFICA'1'IOBSf1tE\'�i .0+tat pitrposes required by ptra6raph6,26. The numbers of each Sample to be submitted will bens specified in the specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each -'Shop Dhnvirg or, Sample, .CCii l'lt1CTOR Ial1' have determined and verified: 6'5,I,1, all Ldld rn=irementk quanuties dimension.'., s'pecltied_ performance criteria, .installation requirements, materials,. utralog numbers and similar information with respect thereto, 6:25.1.1. alifmaterials'wah respect to intended' use„ i'ahncation, shippppim, Handling, storage, assembly and installation, pertaining to tau' pertormanceofthe. Work;.an'd 6`25.1.3, all information relative to CONI`R'ACrOR's sole rrsponsibilitics in restx:ct of means, methods, techniques; sequenees'nnd preeeihnres ofconstruction and sitety- precautions and programsincident thereto; CONTRACTOR"shall ,also have, ravicwtd and coordinated each Shop Drawing or Sample with other Shop Drawings :and Sannplccs and with the requirements, of the Work final .the Contract Documenm 6.25.3: Facli submittal .- ill hcar.a stamp or specific' written' indication that CONTRACTOR. has satisfied CONTR,\CTOIa- obfizations under the Contract DoLunients:withsespect to co rmikcrOR's review and approval of that submittal. 6-2.3. Al. tire- time, of each submission, CONTRACTOR shrill, t_ive CNGNEER sliecific' written notice orsuc}i van':itiinns:,if any, thaCfhe Shop Drawing or Sample submitted may have. from the r:quiremems rif thc,Contrnct.Docu rents,'such 66tice to lt'iri a written cpnmumcition sepimte from the submittal; and, .in µdliticn,, shall cause -'a specific not.•dion to'be made on. each Shop Drtnving and )ample submitted to ENGNGLR for .review and :ippnwal oCrachsuch carnation. 62)6. :GNGINGER will review and approve Shop Dratvirgsand'Samples in accordance with the schedulc of Sho .Drawings and Sample uibmitials accepted by ENG bi\[EER us requiied by pivaeriaph 2.9. D- IG[NE6R's review and'approval will be only to determineif the items covered by the ;submittals teill, after .installation- or incorporationinthe Work, conlinm. to the- information eiven in'the; Contract Doctmneats and be compatible with die design cunoept of the completed Project as a linciionins whole as indicated low the' Contract Dcxumcts. ENGG'EER's review and approval will not extend to means, methods; techniques, sequences or procedures .of construction (except where a particular means;, method, te-61anigae, sequence or procedure of construction is specifically rind :e,.Vressly called for by, the Contract- Documents) or to safety precacitiorns or progrtm's incident thereto. The rcvicw .and approval of a srparate. item as such will not indicate approval oC [he assembly in which the item functions. CONTRACTOR shuts make. corrections required by EILGINFER,.and shallreru[n the required number of corrected. copies of Shop Drawings,and submiL Its required ncAv Samples for review and approval. CONIMACTOR shall direct spcific attention in writirat to revisions. other than thc� corrections called for by LN'GLtiTER on previous,submivats. 027. ENGLNEF'R's review .and impproval of'.Sh6pp Drawings or -Samples shall. not relieve CONZT ACTOR From responsibility for any vnriation'Icom therequirements, of the Contract Documents unless CONL'IRACTOR his in wTifue called ENOLNEER's attention to each. such variation at the time. of submission as required by pamgaph 6.25.3 and ENGINEER has 'Liven 'written approval of each such variation by a specific "written notation thereof incorporated in or accompanying the.Shop Drawing or Sample apprmitk nor will any approval by F-MUINE.FR. relieve COiNURAC'rOR ,from responsibility for conipiying with the requirements of paragraph6 25.1. 6,2R. Where,a Shop Drawing or SmnpleIs required by the Contract Documents or the schedule of Shep Drawing and Sample submissions accepted by ENICIM.ER. as. rzquirW by paragrtph.2.`J, .any related t.Vork_,perfonmed' prior to ENGINEFR's rcvicw and approval of the pertinent submittal will ts,.at the sole expense and'responsthility or CO?rrR,\C:rOR. Y:antinuing rlrz {Ggrk; 6,29. CONfRAC'rOf: shall canny on the, 'Work' and ad}nre to the p i arcss schedule during all, dispute or disagreements witWkVNTR No Work shallbe delayed or PO stponed pending resol'utian. of any disputes or di,Yu:.rcements. etccptas permitted by pamgmph I i.i or as OWNER and •U)INTRACTOR, maw.otherwise ieree in wining. 6.30. '4'OwTR.ICTOR's. Genera! 0iirrargv, emd Guarantee: 6.30:I. CONCR:•\CTOR warzants and guarantees -to O%VNER, 0,vGDFEER and'EVGNEER's Consultmas that.all Worn Will be in accordance with the. Contract Douintenis. and will not be def�dive. CONTRACTOR'swarranty and guarantee hereunder excludes defects ardama"e caused by: 6.30.F.1, abuse• modification or improper mautteramaUe or opemtion.bypersciits,.other. than CONTRACTOR; Subic ractors'grSuppliers; or '6.3O.C2. normal wear and tear under normal' usage. 6:30.2. CONMIZACTOR's obligation to perform and complete the W'orl, in accordance with the Contract Documents shall be -absolute. None of the follawimT will' constitute an accepmnce. of %fart:. thar is not to EXMCOENEFLtL CONDtr0M.1910-e(1990 Ed knj WICI FYOF FORT CULLIM\tODIYIC'.C[IONS (aEV4/7U00) occordance,w•ith the Contract Documents or a release .of CONTRACTOR'% obligation to pert rm the Wark 'in accordance with the ContrlctDccumems: 6.303 L observatibrs by ENGWEER: 6.30.2,2. recommendation of any pniLzess or finaL payment by ENGWEER: 6.30.2.3, the issuance of .a certificate of 'Substantial Cpmpletiet or any payment by 011nAR [o co;^I R \C fOR under the ConacL a Docurnenfs;• 6 30.2,4. use or occupancy of the Work or any parr, thereof by,O W NEIR; 6.30.2 .. any acceptanoc by.'OWNFIZ or any .failure to dolso, 6.30=.6., any review and approval of a Shop Drawing or,Sample.sub mittal or the issuance of a. notice of'acceptabilhy by FNGNFF.It pursuant to paragraph 14-13;, 6:3C! 2,7,. any' -inspection; tcst�or approval by others: or . 6.30.2.3, any corrdeti6n of ckjJ erire Work by OWNF R: lvlesmijaentinn:. .6.31, To the fullest cstcntpermitted by Laws. and Regulations; CONTRACTOR %hall indemmh, and hold lialtnO\WER lccs, : D4L5INELR 24GINLL•R's Consultants And the,ofticerc. directors. employces; agents and other consultants of each' and env oCthznt Freaf cord against; all claims, costs, losses and danlages (includinm but not limited to, .all fees and charges of engineers, nrchiiects. iutoreys pad other professionals and all court .or arbitration or other dispute resolution costs) caused by, arising out of or .i'esuiting.frim the performmancc of die Work; providcdl that any such claim, cost. loss or cL•anage. (i) is :ittribucible to hxlLly injury sioknxs, disease or death. or to injury to or destruction of tangibly property (other than the 1Vork itself), -including the loss of use resrdun` therelrom, and (u) is caused in whofd onin part by any-neslicent act or omi:siun of C QN. TR.-\CROP_ any Subcontractor. any Supplier. any person or organization directly qr indirectly emploer) by any of them to perform orfurmsh any of the Work- or. anyone for whose acts anv of -them may be liable; rcgmdless o(whethe'r or norcaused in part by, any negligence or omission of a. person of entity; indemnified heri cler or whether liability is imposed upon'such indemnified party by Laws and Rt_�ulations- regardless of the negligence of any Stich pi;rsun err entity. 632. .'in any and sill clauu_a u s omst OW-NEk. or EQGLNTER or any of their respective consultants agents officers; directors or enmployees by any- employee for the survivor or personal represcntabt•t of such employee) of OONTRA\:TOR any Subcontractor. any Supplier: any pLrsotm or orznnizidon directly or indirectly employed by 17 • CI 0 0 • 0 any of theta to perform or fumizN any of the Work or anyone for w•hmse acts any of them may be liable the. indemnification obligation under pam'3aphii.31 shell out be limited in anv way by,riny limitation onihe arnuunt or type of-dame�, compensation or benefits p6tarayable�by Ga � O\l R 4C'1'@)k or. arty soda $uhcpnrractor, Suppl ier or other person or organizat!on unda.workers' compensation act&. disability benefit acts or other employ& benefit acts. 6.33. 'rhe indeainifiwtion ablivations of. CONrfcACTOR tinder-pprirgrap1%6-31.,shiall MIL estat140 the liability of ENGNFER and ENGfb1EER's Consultants; officers, directom employees- or agents caused by the professional n �hgence, e=s or orn ss one of any otthtna. Sa *fval of Ohflgannns,• 6.34. All represciataflons, indemnifications; warranties an3gunruntees made in, required by or Liven in accordar cc. with the Contract Documents, as wcll.•ns nll''gontinuing, obligations indicated in the Contract Doictnenw, :will! sairvtiu final prymenL, txamplericin,nrid' acceptance of the: Work andtermination or completion of the Agreement. ARTICLE 7--OTHER \FORK Related Work at Site. 7J,. OWNER .may perfnrm. other. work relatcd to the Project at the site by OWNERS own forces, or Iet other direct contracts therefor which shall' contain •General: Conditions siriiiharto these,. or have other work performed by utility, owners, It'the fact that Such other work is to to Ixrfoirnied \vas not noted in dic.Contract Doi:unicnts, then; (t) written notice thereof will be given to.CC)NTR:\CTOR prior to starting any such other work and (ii)CONTR\CTOR may mrike .a clams Ihcretbr as provided in Articles I I iutd 12 irC6NiR\c7rOR.believes that Such performanee'will involve additional expense to COKER\CLOR or requires udditional time and the parties arc unable tq agree as to the anount or esuont thgryvf 7.2. CONTRACTOR shall afTord each other contractor who is a party to such a direct contract and each utility owner (and O\VtvTR, if 04\NER i performing Ind additional work with OWNCR's employees) proper and safe access to the site nnd'n reasonable opportunity for the introduction and'stdrage gf materials and equipment and the execution of such other work and Shull properly connect and,cmirditaue the Work- with theirs: Cinlesa othcrwiso provided in the Contract •D curneitts..'CONTPACTOPZ shall do all cutting fitting and patching. of.the Work that may be required to make its Several partscomeLoLether properly and iNeyrate. with -such other work. CONfIZ\CTOR-shall not endanger any work of others by cutting. exuivating or otherwise altcrirg. their work and will tnlv'cut or -alter their work with the wriaenconsent-ill .EVGDt-ER ant the others whose work w n be of ecied: The duties and responsibilities of COKrr R.4CrOR under this paragraph are for the bcnehtof such utility owners and other contmetors.to the e-rtent'thnt there are onto ramble FJCDC GEWEHR V. CON UI ON0 19111.3 WPM adiliwh W/CITY OP FORT ClIt—UNi MONFICAMN'S f1t1iV a.?t7nl(1 luovisions for ,the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and uthcrcontructors. 7.:1: If the proper execution or rrsults•of any part of CON 'I.RACi'ORs %Vork•depcnds upon work performed by others under ,this Anti le 7, CONTRACTOR shall inspCet. such other work and promptly report to •GNGNEER in writing any delays, defects -or deficiencies in such other work that render it unavailable or uitsiitablc for the pioperexecutionand results of C'ONTRACTOR's. Mork. COTNTRQCTOR's failure so to report .will' 'ccrostinite minceeptanca of such -other work as fit iatd, proper fur intrsauon' with CONTRACTOR's Work except for latent or nonappsrent defects nn,d deticiencizs in such othe, worie CoonBrrarion: 7.4. If OWNER contracts. with others, for the performahce of other, work on the Project at the site: die following will he set forth in Supplementary Conditions: 7.4.1, the -person, lima or corporatitin who Will have authority and responsihilit} for coordination of the activities among the variousprime contractors will be' identified; 7A 2. ' die epccilic aitattera to be covered by such authority and responsibility will be itemized; unit 7AJ, the extent of. such outhorty and responsibilities will be fit'ovided. Unless otherwise piovidcd in the -Supplementary Conditimt, O\IFFF,R. shall have sole aUdx)HtV end responsibil iry in respect of such coordination. AR'CICLE 8-OWNER" RLSPO. SLI3ILITIES• 5:1, Except as otherwise provided in'these .General Conditions, OWNER shrill issue all communications to CO,MI %CTORthroughLNG.13NE•Q, .S.2. In case of termination of die employrucnC et ENGINEER. OWNCR shall appoint an engineer against whvtn-EOti`f P.AGTtjEsc�m�kes-nu-reascinmble-etbjeiEiurt whose seams under the-Contmc[ Documents shall'be that of the Comfier G\GiNEER S3; OWNER• shill Cornish the data required of OWNER under the 'Contract Doamients,promptly and shall mnkt; payments,to•CON E h ACTOP prtvnptly^ when .they aredue as provided'in paragraphs 14.4 and 14.1-4. ha. O V`TRs.duties in respect of providing lands and easements and providing enguiecrng: surveys to esutblish, reference -'points. are set. forth tin•paregraphs 4.1 and,4:4. Paragmph43 refers to.OW1,ER's identifying and making available to CON'rR.-\CCOR copies of reports of explorations and tests of subsatrthoc conditions at rlie site and drawingsof ppy--,icnl conditions in existing structures at orreoraiguous to the site that have been utilized. by- ENO IN in preparing theContraciDOCtImeRta. qc ntr err:v--._�r-a'ties-ia-reslxe{t�Fgurckiesino argl-nrau-itatrtra lie.§rEtF�-ancl- proPrHy-tasurnncctitre I fon}i•irttiam¢rnpFtv3-± [heckt�Iri;It;F 8.6. OWNER is.oblieatzd to execute. C9tange Orders.as indicated in paraeraphi 1I1.4_ 817: OW'�EERs re_Nm%ibility. in .aspect of ceitain; inspectiorts, teits and approvals -is set faith In pamgin In 1144 3.3- In connection with OWNFR's right to stop Work or suspend Work, seelamgmphs 13.1it and 15-1, Paragraph 15.2 deals -with,'OWN6Rs nalrt to terminate services of {:ON•fRACTOR under certain circumstances 5:9, The OWNER' slvtll not suprvisc, direct of have control or authority over, n6f -be responsible for.. C6vI•R.4CI.0R's nimis, methods, techniques; sequences arprociedures or construction or the safety precautions and pnxtams. incident thereto, or for any failure of. CONTRACTOR to crvnplywith Laws and RcgutanJns' applicable to•the- fumishing or perlbnnance of the Work. O.VVNriR will not be resl-*sible rcir CONTRAC• OR'i Cailurc to pertirrm or ruinisit the Work in accordureo with the Contract Documents. Flu—r�t•4A:ERs-rrspansibilit}•-irrre��zct-oFundisehrzd :1sLsa;t{r.5--4�'B�patro:� •.,—.4nr -'.,,�ao..-•' l{':ts[a---.>F P.ndieaetivr-a•fatzFiaLy-uneavztecF�-+r-rz•:�.�-rr-tltz-sittis ;eFtar{ti-arlrtit�aplr-ta-. $-F}—FFsm#tae}le-e•tt�. "`•^•r�I-ta-turetish C4)t4FR:�,G6F)R:--renso.ehk--rti:dznerr--tined-liniitteitil nrranezrttants-fm vr-bezr{-made-to-1,<1tta ty--CJW»NER•`a i>E��t{ierrtrriefce-d��:treefi�i�.-..criE�c�:l-'8t�R9 tzs}vrtsibilEty-ui-respzct-therzuEw ilE-bz-as-zt-fort h-in-the Supplzr»rnG'trwGonditierts, ARTICLE 9-ENGENEFR'S STXFUS 'DURING CONSTRUCTION (Jliry7:R'i Rrpreren(atiee: 9,1. ENG13\=- will be ,PW ER•s representative durine the. construction. pxnod The dutiis and responsibilities .and the limitations ofauthority of Ei i.,O EER as O�%NER's representative during construction are. ct forth inn -the Canirmt' Documents and shall nbl be exterided without written consent' of OWNER and-ENOFNEER I'LUS to Site. 9.2. EAEGUE-ER will make visits to the "tile: at intervals pprop'natc to the various .stages of, construction as ENGLNEER deems necessary in order to: observe as an c_\penenced and qualified ilesigrrprofusionnl the prctgre&s eacvcue�tr it:.ceVut•nov t,lus p�9n e'�+da,r w/C.MO FORT COILI[i5 \tUU1f9GtiIUYS rRL•V dF0a0i that has been made and the yualiti of the various aspects of CONTRACTOR's executed Work: Based on i.•tfgrmation obtained,during such visits and observations. ENGINEER wit! cndeavor for the bcnalii of OVYKE z'to determine. in. '*enerali.`if. the Wark is proceeding. in ac-eiordance with the. Congest ( &awns. F1QGINl7EK will not be required to make exhaustive or continuous on- siteutspcctions to check the quality or quantity of the }York. E\GL\q,:Ms-ciluris• will be dircctcd toward providing for OWr\rER a greater degree of confidence that the completed .Work wilt confonti . generally to the Contrgci Documents On the basis of such t isity and or site observations, ENGINEiERwill keep OWNER informed of the progress of the Work and will endeavor to cvmd ()WL\Ir: aeairtst lye c-n•e \Nark ENGINF-ER's .visits andon-sits ohseryatioms arc subject to all the limitations on ENGINEER's authority aW roWnsibihty set forth in pom raph,9.13, and particularly. but without limitation duringoras a result of E_\61NEER•s•onsite visits'. or observations of COVfR.,wr0 tic Work EiiGINEER. will not supervise. direct., coMrul or have authority over, or he responsibla for CQN•I'RAC,rms means; nmhod,, techniques, sequences or prec:edures of construction, it the safety precautions, and programs incident. thereto, or for any failure of COKI-RAO'01Z to comply with Laity arid: Rcgulatior[s applicable to the furnishing or perf6 mans of the Work: Croject Representative: 9.3. If'OWNER and ENGUNEFR agree. ENGWEER will turnish a Resident ,Project Representative to. assist ENGINEER th providing more avtunuous.observntionof the 'lUnrk 'flx «sponsihilitics andauthnrity, and limitations fhercon .or any such Resident Project Representative- and assismnts will be as. provided 'ih par3 grrgihs9,3 ;end 9.1.3' mod n-the-tiupplenxntafy 6onditions of these Genernl! Conditions. If OWNER desianales another representative or agent to represent OW'\+-ERat`the site who is nocENGLV-EERs Cassultant, �ngent or employee the responsibilities and mahority'and. limitations,.thereon of such other person. will be as provided in tha{pletrrNxtynditwroref�ph 9. 31. 'Chc Represrntat yes dculirn_s ire matters p.:rtainiirF. to the. un-siiu %VVrk will- in gtmcrd.be with the- RNMi`iFER and COS FRACTOR, But, the Representative will keep the. QVN'EiR properly advised about such matters. The :Representatives denlm s with subcontractors will unly be thruuth or with the Mull .knowledue and ag11oval_-of the COi TPAC'roR 93.2. Duties and Reswrtsibilities: Renresentntive :Will: 9.3.2:I.Schedules- -- Review the,, proarass 0 • 0 0 schcdule mud other schedules nretnred b: the. CONTR\(,TOR tmd consult. with lha L}tCrLV"EERedncernin�*ace ability: 9.3.LL Conference's arttl_ krectine - :\Lund mtttirtg with. the CONTR-\CTOR such M. pr. mstruction conferenwi prygis meMin= anJ. other' ibb• .conrerancam..arid _ prepare and eir ullateconies-orminutcsbfmcctiru. 9. "3. Liaison 9.3:2.3!1. Swc ms. ENGINEER'S' .liaison with CONITRACTOr6. wrkirie rrincipully through CONTRAcrows superintendcnt'to assist the CONTIL-ACTOR in undcrstandina the Contract Doauncnts 932 3.2. Aasist inobtnidmz Tom OWNER additiwtvl donils. or -information -when reouired. fornrtroer 6ca ution of the -Work., Advise the ENdILMF.F and CONTRACTOR oC the mnimencement of _anv`LVork r&Mina 'a -Shop -Drawing or samnle submission it the submissionlnsnot ban noproved by the ENGINEER: 9 J;..J Rzviny�Wor'- Rtieciion of IJzreui=g Work Inspxctionsand'l`�sm- 9.3.24.I- Conduct on -site aMervarions of the Work iit p[wgNss to:assist (fie ENGINEER .in detemiininu�th�t _thu Work. ispiocxdine�n ac ordnncc with the CCMIMCt DocumenLs. 93.2.�.�: i•Accom�anv�visiting�iiiipeclar3 mpreaintute public or-bilier agencies' havirm jm-!dmticn over the ProjecL record the readLq' .of ihesz mgxctions and report' to. the ENGLNBER 93:2,i. Interpretation of conmict Dmwn_nts.. Report to ENGLN�EERTwhen' 'clarifications. and iWerptaalion3 ofthe -Comma Dwuments am needed. .and transmit to CONTR-WFOR elurificuaon artd interpretation or the Comnict. DecummL% 'cis issued by . the ENONEER. ).3.16: Nlodificaticros.. Consider and ecalnmte (:0D;7CR4(,rOR•s %ugeentiom for 3,t E1r.'UC U8NF1i.41, COAUrn0l::i lJ IgS,il9!ui Gt6iinn w!CTIY 04 POR'rC'OLLlSS\IOL)IFIC'A'rL�;IS rP.H�'�b?t)VOi nc.-dificatilon in Drawin•,s-or Stkcifications atd i'enort theme .reaimmenmttiuns to LGINLER Accumteld trmnsmii .to .CONTRACTOR' deei_ai issued by the Ei k:lN-GER 93:2.7i Rcconla. 93.23-3. Record .namcs- nddressca and, telephone :numbers of all CONTRACTORS: ' atbcontractors :o d ma of r s XrILrs p[c uipmcnt and matcriaLs 93.2.S.I. fuosh_�Nt i\rEER geer_udic .rem as required, or the_Rroeress. of the .Work rod -of the CO\i'IR\4'TOR'S eomQlimr�ce rvit thy_proi`ress_sehcdule allied schedule of shop Drawing and sample su�mittal,�, `_?,t.? S:^_. Consult w•idt 'CN-Ii GrN,�K-R in ;idv:mce of scheduling major tests, ini'ixctiorisur start oC irtifwttmrt ph:tsrs of the Work: 93.3:U. Draftprop ud Cimmle: Orders and 6Vork Directive Ch r>ars;`tiblriiw'tio backup matciia[ Croni the CONTRACTOR and. recommend to ENGESEER Change Orders, Work Dlr Ttiye -Charges, and lield orders 937:8A, Reoori unincdiwelJ to LNG [N:T.R'artd OWNTR the,cccturence of ariv accident: —-- J_3.?_9. Payment RequoYs. Revietirilpplicatiois For Inyntent with CONTRACTOR for coo IU ianc:c. with ih,: esmublished ortxudwe for their subnWwon and fonvard.with mcommenrtition to LN, GrN - P` notin, particularly the relationship of the pmtnent recpiested tothe schedule of values, work completed and materials and- eguiRnient. delivered -al the site but not incorporated m he Work 9 3:'_;10. Com Ictiort. 93�?a6.1_ 3etgre_I gGQN'EER issues a certificate of Substanial-Completion submit to CONTRACTOR a lit of observed items reCnilrirL correction or complttrun IA:=. Conduct final inswction in the comipanv of the FNGNF.FR OWNER and c5,vmk(.T5R and Erb re- a final list of items to be corrected or complete 9.3.2.I03. 'Observe thatall items on the final lift have been corrected or crompletedand make recommendations to FNGWEER concerrime— acceptance: U-3 Limitation or Authcriw: -''rhe Rcoreseniative shall nor, 9.3.3.1. Authorize nnv deviations i oin th8 Contract Documents. or -accept ariv substitute materials or eggli� n unless authorized by the FEN G111FIER 9.13.2. ERcced_ lintittliont. of ,ENCPNF6R'S. authoritv,as set forth in die Contrac t Documctits. 9-3.33; Lrndcrmk-c and.of the rusrorsibilities of the CO\?RACTOR Subcommerom- or �OQNTF-1t a s superintendent, Advise on or icsile dir&ti0n9. relniivc to or assume control ocer [In y_.Nct of true mearts, methods techniques. sequences. or ptrxedures for coristntci4n �mless rich is _7L•cifitallV called Cor in the Cnn[mct Documents. 9:33.5. Adv ia: tin or isms directions �eaAarcliiie -tic assume c riIr oiler safety preeawictisand prof, -.ems in connectiorv% with the. Work. 93.jo. Acccot .Shgk Draivirigs or §_apple ubmittalsfromanvone other_ than the CONTR S:T02 9:33.7. Authorize OWNER. to occur— - the Work in whole or in part. 9.3.9.S. F'articihate in specialized field or lahimtoN tests or inspections wriducted by cLNm except .as specifically authp zed by the ENGNEER. Clarifrcatiyrts and,7rterpretatiimr. 9.4. yNGfNEER will issue with reasonable promptness such written clarifications. or interpretations of the FX1)C- tLNEY \L Co.NL1CRGhq l9tu-s ow? Hl5ticgr 'N! Q'rY OF FORT COL L I nS N IODIF ICA It ONS$J1 FV 4,?0e0j requirements of the C'ontnct Documents (in the form of Dntwirigs.or otherwise). as.E,tGMMER mnv determine necessary. which shall be consistent with the intentofand reasonably.uilErablc from the Comma Documents. Such written clarifications and interpretations will be binding qn OWNUZ and CONTRACTOR. If Qk%Vh'R o coNfRACT.OR believes that' a written clarification or iraerpretalion justifies amadjustment in the Contract Price Or the Conuuct Times and the parties are unable to agree to the amount or eytent thereof if any. OWNER or CONTRACTOR may make a written claimtherefor as' providedinAnccle 1.1 or:friiele l2. .authorized P47iatia11ri1t.1D'orkr 9-5, ENGNUR may authcriic mirror variations in die Work 6om. the requirements of the Contract Documents.which do not involve an ad-tstmcnt in the. Contract Price or the Contract Times and ure. compatible with the. dcQign concept of the complete I?reject as:a functioning whale as indicated by the Contract Documents. These moy be,accomplirhed In- a Field Order and will be binding on OWNER mid also on CONFI'E{A(:TOR who _shall Ixrferm the Work involved promptly_ Ir OWNFR or CONTRACTOR Ixlicvcs that. a PicldQ tlarjust figs tar adjus rent ihthe Contract Price'or the Contnct'rimus and the (gibes are umble,to agree as ui the amount fir extent thereol; OW\TR: or CONTR•\CTOR may make a written claim therefor as provided in Article 1 I or 12. Rejecting Def cove fVork: 9.6. 'F.NGINEFR will have autharity to dimpprove or reject Work. which F,NGI\iEFR helievcs, i i be cb factive, or that ENN GFER believes will, not produce a completed Project that confrums to the Cisaract Documents or. tlrit will prejudice the iniei rity�of the design concept of,the completed Projcet'as a. Functioning whole as indicated by die Contract Docues.. E; IGI\i[iER will also have authority to requite special -inspection or testis- of the Work as provided in paragraph t3.9. whether for not the Work' Ls fabricated; installed or completed. Shop. Drawings, Clinage Qrelersnad Payments., 9.7. In connection with ENG7NEER's authoriq• as to Shop_Dmwiri is :md'Samples. see paragraphs, 6.24 through 6.25 i*lusiee. 9.S: In. cpnnectigh with ENTGNF.ER's,authgriq• as u) Charn e Orders, ace Articles 11). 11, and 12: 9.9. In connection with EN-GI?iEER's suthoriq{ as to, Appliaitions- for Pnyment: see, Articic 14. Dcterrninatioirs fiir Und /Wee%` 9.11). ENGINEER will. deteniiine the actual quantities and classiawtiorm of UrtiL Price Work performed` by CON'rR-\CTOR. ENGINEER wilt review with CONTR:\CTOR. the FM(-;INEFR's preliminary determinations on such mau='Morc rendering a written ticcision thereon {by recpmmcndation of an Apphcntion 'L • 0 • �1 U fqr payment or otherwise),, ENIGNEERs wriaan decision thereon will, befinal and binding: uptm OWNER' and CONTR--IGLOR_ artless. within. ten days at x the date of urn'- ouch deu_siort either OkViNC( Or' CONTRAGCOR delivers to -the Other and to E"NGNEER written notice or intention toapp&l.from ENGINFERsdecisidnand; (i),an appeal fican' ENTGNEERN decision is taken within the time linuis-and in accordance with Ihe.procedures'sct torte in Exhibit 0C-A, °Dispute- Resolution Agecment", entered into between OWNER'•nndCONTRAr T'OR pursuant -to ,article 16. or (u) if no.such' Dispute Rzwlut_ion agreement has been enicredinio, n. lurmal proceedirts is inslituied by the apfxitling party in a.torurit of competent jurisdiction to ccerceir such rights or nmedics.as the appealing party may have. with respect to-FNGINFFR's docision. -unless otherwise a,uced in wiitins by, CjW-mitz and cfx%rrlL-1CCOR such appeal' will not be subject to the procedures of paragraph 9.11. 0eeLrinns on 1Jivpule ..• Q,11. ENIMNEEa will lie the initial interpreter of the rerequirements of the Convac[ Ddxvments.arid judge of the ceptabilica of the Work thereun3,.r. Clai=,disputes and other. marcrs rdatittg•tothe am:pxahility of ihe•\York or the< vitcrpr'cauon of the requirements'ar time Cimtnct Documents pertaining to the perfurmance.. aryl furnishing of the Work and claims under :1r[ides I I and 12'in rx-spect of changes in the. Contract Price or Contract Timis wilt &* retcrred initially to F.NGINFF,k, in writing with a request tot a formal decision in accordanco with this.pnfagmph Written notice of mach.such claim, dispute or other matter will Lr delivered' by the claunant to ENGEINEER and the other fmgy to the :cement. promptly(hut. in. no event Liter. than Uurty days) after the-,smrtolp the occurrence or event sivingrise thereto, and written supporting data.svilll tv sutmiated to 6N01NF,F.R. and tee dither p:uty'i4ithin sixty days alberthe start of such occurrence or event unless D- IdL\TEER allows an additional pencil at time for the submission of additional or more aa:urate dim in suppxirt of aich clami, disport or other matter. .The opposing party shall submit any response to E, IGNECR andthe claimant within thirty.days alter receipt of the claimaks last subminal (unluws F-NGRFF.R' allows. additional time). L ;GLNTZER will render a tbtmal decision in writin:, within thi days after receipt of the opp0Si.%l.party'ssubmittal,if >_m,, in.acrordirice with this. paragraph. •EN0=.Rs written dtcision•on such claim, ctspute 000thermattenwill' be final and binding upon 01VNT-R and CODiTR-NCTOR unless (i) an appeal &am FNGWM-IZ's decision is taken within the time limits and in aci;nrdance with the pence wcs set path in E\HLHi'f .Cif-ry "Qisputc Resalulian :Aoreenten[",, en[cmd mitt bx:hveen 00.TIFR.:mil CONTRACTOR puisunnt to rude (F:, o'r (ii) iC no such Qispulr.'Resulution• r\greemenf has been eniered .into:. n. writtenmoticc of intention to appeal from MtGLNEERs written iletiision is delivered by CWitF.R or CON RNCTOR to'the other and to. CNIIGLUEER within dtirty.days after the date of rich ikcision and a formal proceeding'is'inslituted by the appealing party in a Cdntm of competent jurisdiction (o exercise such rights or remedies as the appealing tar), may have with respect to such claim„ dispute or other matter in accordance with applicable Laws and Regulations within sixty days. of the dntr of such' El( pr, i;ESERAI, CO?:IX'ROb6 19I4S (1991) "flail -- ivlCi'CY OFI�ORi(:06Lh�SIODfI�IC:\'CIQilS QdC'1dr;UU11Y 91 decision_ unless.othencfse agreed in writing by. OWvER' und.CoNtRACTOR, _ .. - 9.1?, \V}ten •filnctioning as interpreter Lind judge untkr paragraphs9.10 and 9.1.1-. ENGINEER will not show rpivttilir to -OWNER or CON'f RA(_l*OR and will not be liable m eonneclionwith any inlerpretatton,or,decision re ulern{ in gtbd Leith in'such capacity. 'rho latider g aF a decision by E1GM-ER pursuant to paragraphs 9, tO or 9.1 C with respect to any such claim; dispute ur other matter(escetit am' which have been waived by Lhe ;making or acceptance of. fiat payment as provided in pnrrigraph -1 A3) Will be a condiuon precedent to afty exercise by Cl tVMR or MO RACTOR of such nizh s or remedies as either may otherwise have tinder the Contract Qticimtcnts or by (.dive or Regulations in respect of any such claim, dispute or other tnatter-puFuunt-tcf AFtisle-le 9.13. Luitrrririons on LWG'INEER's ARIhoriN at!d Ravpnrtsibiliti.evc .. - 9.13.1. -Neither FNGNEF,R:s nuthorigi or responsibility_ under this Article 9.'or under an), other provision of the'Contmct Documents norany decision made by ENIUINFFR in goal faith either to cxard.se or not cxcrciac-such authorityor responsibility or the undertaking, exercise or perfanirmac: of any autho6ty Or responsibility; by FNGINF,ER skill acute, impaai or give rise to any date' owed by LlG1NEER to COW,KACTOR, any Subcontractor, any Supplier, any other pe.rson iT organization or to any surety for or employee or agent of any.af them. u,132 W(i1NF:FR .will not supervisc, direct, control or have authority over orb, responsible ro r CONTRACTOR's means, methods. techniques, sequences fit procedures of construction, or tic satety precautions'and pro+:rpttts.tncidcnt ihereto, or for'any frulure of CONCRACTOR to comply tdtth Laws,and Rcgulatioits appiirtblcto the - furnishing or lwtonnance of.the Wnric- ENGLN°EFR will not be, responsible for CONfRACTOR's'failure'ta perform or furnish the \Vork in accordance with the Contract Documents 9 13:3. EINGCMEEfi will not he responsible Corthe acts or omissions of CON R-ACTOR or of tiny Subeontrktor, any Suppilicr,.or ot.ny other person or organization performing or fumishims .any. of',the Work - 9.13.4, ENGINEEK's review of the, fined Application for Payment and accumpanvirat dMumenwion and all maintenance and operating instructions.schedules. guarantees,.6ondxand cernticates of inspection; tests and approvals and other doevmentation required to be delivered by pxamgniph 14.12 will only be to determine genernlly.that their content complies with the requirements of, and in the case uCcenillcatrs of inspections, tests and' appoJak hit this rLstihs ccrtited indicate complianu:.ivith. the LoRl act Documents. OJ 5, The limitations. upon authority and responsibility set forth in this parngmph.9,13'slitll nhso apply to' L\GL�II ER's C6rewliants•,-Resident,Project Representative and assistants,. AW11CLE I0-CILANGUS 1N2PHM WORK 10A. Without mvididating the Agreement and without notice to any surav* OWNT-W rtay., aL am•. timer orfrom timeto time•, order addiiians; deletions or revisions in the Work. Such additicos,' deletions or revisionc'wilt he authorized by a Written Amcnthiicnt a Change Order.. or a Work Change Directive, ' Upon receipt oe arri• such document, CONTRACTOR shall promptly proceed with the Work involved wFiich will, be performed under the applicable conditions of,thti Contrtet DcicumLnL%(except as othcnvise'specitically provided): 10?. If OWNER and CONr'fRACTOR are unable to agree as to die ,enem, if any, of an adjustment in the Contract usu Price oran adj» cni.of the Contract'rimes that should be allowed as a result of a Work Clian6eTUirecdve, a claim may Ixt made therefor as pro vidcdriot Ariicic I I or Article l". 103. CONTRACTOR -,hall riot be entitled Loanincr4ise in -the Contmct'Price or anexten ion of the Contract Tunes with respect to any Work performed that is not-reguircd by the Contract Document: tis amended, modified and supplemented as provided in pameraphs 3.3 arid 3.4: c;x&pt in the casc of an emergency as provided in pmagraph6:33 or in the case of *=covering Work, asprovided in Mragmph 13:9: . ILIA. OWNER and CONTR)\CTOR'shall, ceccute appropriate Change Orders recommended by LNGI:NtEER. (or Written amendments) covertmv MAI, changes in the Work which in (i),ordered by OIVi`FE2 pursuant.to paragraph 10.I`; (ii) required becawse,of acceptance of ikPctity Work. under pamgnph'13.13 tir correctitig &Jective., Woe under- pamgmph U1I d,Ar (6i) aereedto by the,panifs'. 10,42 Chooses in the Contract Price or Contract. Times which are agreed to by the parties: and 10.4.3. .changes in the Contract Price orC,•onimcf Times which embody the substance of any written decision rendered by ENGIiiEER pursuant. to paragraph. 9.11'j provided that. in lieu or.executing am•.such Change%Order, an appeal may be taken from any. such .decision .in ;ace:uFdarne with the provisions of the Contract Ductlrtients and applicable LawsandPcegulatiors, but during any such appeal., coLwR'ACTOR shall curry on the Work and adhere to the--prtygre:s schedule is pryvidcd is Paragraph 6.29. li):_5. (f notice of any chtm,e affecting the general scope of the Work. or the pax'ision:.gC[he Coprract Documents. EtCL'C'CiE\tY_V:,CC �7Ul'n 0?ti 19 i era' (1991, Hi!idwl w'l(TTY OF FOR T'COLLIM-P7UIFicAtaOVS taL•v b'_pug) (including, but. not limited to.'Contma Price ,or'.C'ontrnct Times) is. required by the p'savisions of"any Bond to be given to,a surely,, the; Living of ank such'notice will be C'ONTRACTOR's responsibility; and the amount of each applicable Bond will be adjusted acc rdinaly. ARTICLE IL-CHAAGEOF'C6N'rPw-r PRICE I l.t. vac Contract Price Constitutes. the total comli`ns Llon (subject to authoria:dadjustments) trayablc to CONTRACTOR tier peYfomiing the Wurk. All thnies, responsibilities and obllgatiQns:assigned to:or undertaken by CONTRACTOR (iemLCOtTR4CTOhscgie:nse withoutihangc in the Contmet price. 11,2. The Contract -Price may only'be changed by a Ch n&e Order or by a_Written Amendment Any claim for :in adjustment in the Contract Price final be based on written notice delivered by Uic.purty milking the claim ui fife other party to E, IGIiVEER promptly (but in rtci eventlater thanthirty days) after the start of the c�cuff enceor cvcnf gieing rise. to the claim nndstming_the geuenl nature of the claim, Notice of the amount of the claim with supportim data shall be delivered wnhm seety doors after the start of such occurrence or event. (unless ENCI \rF,ER.allows,additional time for claimant to submit additional or moreaccurate data in support of the Claim) and shall be accompanied by chimam's tvrittert statement that ifia mijustment claimed covers a1l.Firwwn amounts to which the claimant is entitled its a ,result .of said eccurratco or event AU claims for adjustmentin the Contract Price shall be detenriined by M4G1N -LR in accordance with paragraph 9.11. if OWNEit and CONUR-\CTOR cannot otherwise agree on the amount involved. No claim for an adjustment .in the. Cont trac Price will be valid'if not submitted in accordance with this parig:iph l l?. I L3. The value ol'any WtaA cnv2r6tl W a Change Order or of claim for an adjustment in the. Contract Price will be.delcnnined us f6lluris: 1.1.3.1. where the. Work involvedis covered by unit pnccs contained' in the Contrast Documents, by application of such urui.prices to the quantities of the irents involved (subject to the provisions, of )3 s .10 M.T.m 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. • All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but Rev10/20/07 Section 00100 Page 5 0 • 10 paragraphs-11:9,1 through 11.93: i»clusivii); 11.33, where the Work involved is net covered by unit prices contained-A-1 the Contract Dbx umrnts; by a. mutually weed payrtient basis `including lump stun (which niny include. an..alfoviance for overhead' and profit nut necessarily :in accordance with fsucariph 11.33, when the Work involved is riot covered by unit prices contained in the ContntLt D..o umenLs and; Agreement to a lump sum 'is not reached under fialrawaph 11.12. on the bitsis of the Cost of the Work. (determined its provided in paragraphs 11.4,and,l'l:5•) plus a. CONTR.-\grUR'.s.fee for overhead and profit (determined as providcdin fitragraph 1.1.6), L°nhr of the Wark 11.4: The term Cost.of the Work meansthe sum of.all' costs necessarily incurred and paid.by COi`iM-ACTOR in the proper performance -of the Work. Frcept As pthervvise may be agreed to in.%witing by OWNER, such d»Ls.shall be in amounts no,higher 'than those prevailing in the. locality of the Proem shall include only the •following items and shrill not include any of the costs itemized in pamgmph 11.5: 11,4.1-Payroll costs for eiiployces in the direct. employ of f;ONf RACI17OR"in the ficrfomt ance bf the Work under schedules of"job classifications Agreed upon by OWNER and MO (TRACTOR. Such cmployees shall :include without limitation tiarpermtendcnts, foremen and. other personnel, employcYh full-time' at. the site. Payroll costs" fair employees not employed full-Oue an the. Work shall bL'appottioncd_on the bai;is. of their tinte'spent on the work. Payroll costs ~hall include, but act be lunited'to, salaries and'lvaces plus the costof rriage benctils which shall include social- security bomributions;. unemployment d�eise and payroll *nixes. 'wcrkcrs'- compettsation, health aryl -retirement benefits_ bonuses;. s �k{eavr weeatie tarid4 nkicierpay applicable Ilm eto. The- eapenscs of lierlirming, %York after regular wtxkirig hours, on Sanrrda-v, Sundyor'legal holidays. shAtfbe included in the above to the sctem authorized. by OIVN@R. l 1.43. Cost of all materiels and Cquipment furnished and incorporated in the Work including costs. of Iiii nsportation and.storage thereof ,and Suppliers field services required in vormrction therewith All cash disc:ouns stall: accrue to CON*M-\C.TOR unlciS OWNTR deposit funds with MJTCL•kCTOR with which to mike paymenis, in which case the cash discounts shall a&Tur. to OWNER, All trade Miscounts, rebates and refunds and returns front sale of surplus materials and equipmenr thrall acccac to OWNE2 and CO-.N,rk a(:TOR shalt make provisions so that they may bcobtained - 1.1.4.3. PayTunm made by CONTRACTOR to the Subcontractors for Work performed or burnished by Sulx:aritractors. rf required 1w OWi9EF, _� E1C'UCG£NF'R.-LL CVN[N'r10IC5 U1n�11590 E(It(u!. wW/ ❑iY OF F02T COLL(; ti StGU1FICA'rIOXS f Ills\' �I n� OWQ' CO_I?TRAGTOR :shall obtin competitive bids from Subcontractors. acceptable to OWsiL•R and C0�t1'F_AaOR and shall' deliver such bids to OW'MR kho,will the ndetermine, with the advice of Ei tGNEER vhich.bid% if an}; will be accepted. if any subcontract provides dint the Suhcormctor is ro be:paid on the basis of Cost ofthc Werk plus a'fce, the Subcontractor's Cost of the Work and fee "shall be determined in tha:same mannc:r.as CONTRACTOR's Cust of the "Work' and fee us provided in •pacgrtphsfl_4, 1Li: LL•_6 _and 117. VI subcontracts shall he.subjec('to the gther provision of the Contract Documents ineotar as applicable. I I 4:_ Costs'of special consultants (including ,but 'not 'limited to engineers, architects, testing laboratorie.:, sure-qum altomeys. and accountants) Cmtploed for services specifically related cw.the \York. 1:1:3;5. Supplementatcusts including the. following: 11.4,5.1. Tlic proportion of necessary tram;portnuon,. tmvel and or YiN'l"RACTOR'.s employees incurred in discharge of'duties Connected with the Work. 1.4.5?:' Cost, including transportation and •nmiritenahce, of all -iiiaterlals, supplies. ccluipment machinery, appliances, office and temporary-faciliti'm it. the site and hand tools not owned by the wgrkers, whichprc consumed in the performance of -doe Work, and cost leamarket value of suclritcnis used Gut not consuawd which remain the property of CONTRACTOR. 11.4.5.3. Rentals of if] construction •ecfttipmant and machinerv.and'dm paris.thereof whether rented,f nt (_,'ON'TRt\CTOR or others, in accordance -'with rental agreements approved by OWNTTtldith thznddice:i7f,1?G[ rEER and the costsof transportation; foading, unlimdirL. installrtiort•dismantling and removal, thereof -till in accordance., with and cif said rental ageentents.The rental of any -such equipment machinery or paris shall cease when the use thereof is riodonger necessary for die Work. 11.4.5.4; _sales, consumer, use Ur aim il_ar takes related is the Work. :ardL (fix which CONrfRACTOR' is liable, imrbsed by Laws and Rquiations: t 1.4.5,5* Depositslost for causes other than negligence of COWTPQ\CTOR arw Subcontractor or .anyone dirtm-ly or indirectly employed by anyof-them or fyr whore acts any of than may be liable. smil royalty lzayments And fees fur permits and licenses. 11.4.5.6. Lo:;scs and clamagcrs (and related erpemscs) caused- by damage -to the Work, riot compensated by insurance or,odnenvisc. sustained by CO PCR:1ftt`(iR in connection with the performance and furnishing of die Work (except losses anrl.damages within the deductibleamounts' of propcny insurance established by OWNER in accordance With. pameraph35t), • provided they. have - resulted .From causes. other •thanthe negligence of CONTRgCI.OR, any Subcontractor, or anyone directly or indirectly employed by any of diem or for whose acts any of them may be liable. Such losses shall include settlements made with lhewritten consent and approval of OWNER. No -such losses., damagrs aryl expenses shall be included it the Cost of ilie Work for the purpose of determining CO TRACIrms fee: 11. however, any such loss or damnee requires reconstruction and CO\TR.aCfOR is placed in charge thereof, CONTRACTOR shall be pead- for services a fee proportionate to that stated In paragraph 11.6.2. 114,5.7: The cost of militics, tLcl andsanimry fatililics at thesite. IlA.S.S. Minor cxpeicses. such as, telegrams. lon3 distance telephone mils, telephone service at the .sitc;,expressage and .similar. petty cash items in connecdort.with the Work. IIA.5.9. Cost ofprcmiumsfor additlonal-M)nrLs and insurance required because of. changes in the. Work: 11.5, The term Cost of the Wcrk.shill not.include any.of� the following: 11:5r1r Payroll costs and other compensation, of CONRR\CTOR's officers, executives, principi (of partnership tmd:solc propricturships), gcncral.mamagcri; engines s& architects, estimators. attorneys, auditors,. accoUntants, purchasing and conlrucling iagetils.. expeditors, timekeepers, clerks andother "personnel. employed by CONTRACTOR4hether at the site or in CONTR4CTOR's princiial or a branch ofLce for general administration of the Work and not specifically included in the agreed' upon schedule or joh classifications referred to in paragraph 114.1, or specifically covered by paragraph i 1_4.4 :all of which are to be considered aditcirusaatave costs covered by die- CON"fRACTOR:s fee. 11.53. Expenses of COMRACTORs principal arhl bhunch offices other than C.Olt- RACTOR's nffice at tile site, II,5J. Any part of CONfRACTOR's capital - expenses, including interest on CONTRACTORS' capital employed For, the. Work .and charges against CO,NTRLACTOR for delinquent paymcnts, 11.5.4. Cost of piemiums for ull Bonds and for all insurance whether of act CONTRACTOR is required by the Contract CJocumerts to purchase and maintain the sane (except for the oust apremiums covered by subparagraph 11.4.5:9 above). t:.tcucceNtr a craDITIOM talus 0990 edivab ,wa'reoFFORrrntu s topn,tcano_vsiatv.;nonga 115, , Costs, due t6 :the rl4igelice of CONTRACROR,. any Subcontractor." or anyone; directly or iiidireetly.emploved by any of them or for Whose acts any of- them may be liable, including but: not limited to, the correction of ckjevtna' Work, disposal of materials or equipment wrondly supplied and making .good any damage to property. 11.5.6. Other overhead or general expense costs of unv kind'and the.auts of any item not specifically and e_xprzcsl'y included inparagmph'I 1.4. 11.6. The CONT ltkCTOR's tee allowed to' CONTRACTOR for overhead and profit shall be JeremtineJ as.follows' 11.6.1. a mutually acceptable trxcd fee: or 1.1.6:2; if a faced .fee is not agreed upon, then a fee. IlaseJ on tlic, follotcing Percentages of the -0ns portions of lhe.C:osl of the'Work: 11.6;2.1. for costs. incurred under rt[ngmplts 11.4.1 and 1-1 4_, the C:ONTRr\C•f(HZ's 1"cc.shall he tillccrt percent. 11.6_2.2: for costs incurred under Paragraph 11.4.3, the C0N7rR %CT0R's fee shall be fivecperccnY, II,6:2.3i. where one or mere tiers of subcontmcts are tin the basis of Cost of the Work plus a fee and no fixed fee is agreed upon the intent oflisragtaphv 11A,1, ILa,2, I1,4:3-.and 11,6,2 E% that the Subcontractor who actually performs orfurnisiirs:the Work. at,whatever tier, will he oid'a fee of tilleen percent of the costs incurred by such Subcontractortmder parngmpls l A l and 11 4.2 and that imv hiker tier Subcontractor and CONTRACTOR trill each be paid afee-@i-five-percrxirc�€-the-nmorint-pail-ie thrnzxt-Ivwertizi Subcaxttruetur- to be negatilited ing,0od fnitta with the Oct MR but rnx to gLzd five perantof Ihn amount.paid-.to the next lower tie 'u grcmctoy I L7:2.4. no fee shall be payable on the basis of emus iteriaw l urxler paragraphs 1 I'A.4, I IA.i and 1 l,S; I1.62.i: the amount of credit to be' allowed by CO:NTRXTOR to OWNER for any change whichresults in a netrdccrcase in cost will be the amount of the actual net decrease in cost' plus a deduction in coNrrR:\CTOR's fee by an ;amount equal to five percent of such:n.a t Teas:: and 11.6,16. when both :additions arfd.credit's are, involved inany one change, the adjustment in C'ONTRACTORCs lee shall be computed on the. basis of the net change ih accordance with riragmphs 11.6:3.1 thrcvgh 1162.5, inclusive. 11,7_ Whenever the,. cunt of any Workis io he u • 9 0 is determined pursuant. to ,paragraph. [l a ant[ t 1.5. CONTRACTOR will establish -and maintain records thereofinaccordance with generally incepted accounting Practices and submit in tbmt acceptable to1GhtEFk n itemized cost breakdowp to=ether with supporting data: Cash ARrncnncew, 11.5. It is thatCONTRiat'TOR.has included in the Contract Price all, allowances, so, tamed. in the- Contract'Documents and shaVeause the Wort, so ctwered lc�W_furnished and perC6rtnncl' Car such sums as maybe ecceorable to OWNER: and L"NGINEER, CONTRACTOR .a( es that:, - ia,la, the allowances include the. cant to C0NL'R4t.TOR (kss any applicable trade disccual) of,maari.Ms and equipment required by the allotvances- to'-be delivered at the sites and all applitablclaacs: arid Il.$._.COAT ACi'OR's coats for unloading and handlirig on,the,site, labor, -Instal lation costs, overhead; profit. and .other expenses contemplated .for the allowances• hive been included in the Contract -Price. and not in the atlodsnu�s. and .na demand for additional paymentionaccount of any of the rorcgoing will be valid. Prior to firml payment,.an appropriate Change Order will be issued as recommended. by F.aNGINIFF.R to rcticct,nctual amounts due COINITRACTOR� an tictount of Work covered by allowanccs; and 'the Contract Dice shall be correspondingly adjusted. 11& Unit A4ceM`rk:- 1,9.1. Wheic the Contract Docunicnts.provide tint ;it l or. part. of the Work is to be. Unit Price Work, initially the Contract. Price will be deemedto includo Wr':all' Unir..Price•Work an amotinr equal' to the sum, of the esLablisIfLd unit arc .prices for ,h wpahi elv identified item of Urat Prim: Wcik times the estimated quaridty of each itcm as indicated in (l1e AgreemenL The estimated quanducs of items -or Unit Price Woik� are, not guaranteed, and are solely'for. the purpose of comparisdn oCHitLs and determining an initial Contract Price. Determinations of the Actual quanti66 and cla„ificaLiom of Unit Pried Wdrk performed by CO.NT'RACTOR will be made by L,1CLN`EER in accordance with paragraph 931). I L`).2. Each unit price will be deemed to includq an amount consiLlred by'CON RACTORto W:adeyuatc. to coven CONT'RACTOR's overhead and profit for each separately identified item. t L9.?AWNER or COidTRAC;fC)R may make' a. claim .for an -adjustment in the Ccnuact Price- .in accordance with :.Article l I if: 11:9.3.1. the quantityoftray item oC Unit Price. 1,Vork pfrt'omcd 6y CQNTRACI'0R differs materially and signifcantly from the estimated quantity of such item indicated. in die Agreement t7C'Dt, OLNU-IL CONVI'110M I;1141-3 CI9911 C66wj -tan Wi CITY OF FOR LOLL! tiSIODtH'IC.4R0N$IItL'\'aiIDlaly and 119:3:2. there is no corresponding adjustment with.respeet toam' other item of Work; and f19._.3. i COi,\tMA T0R beli<vcs that :CONTRACTOR is entitled to tan increase in Contract Price as a result of-'havinii incurred pdditionat r;spcnse or. DWWER' balievcs that OWVEI. is entitled to d dcc"Z$tro in Contract Price and the, parties are tunable to ttignx'us to; the amount 'uf anv:such increase or decrease, t t.9:34: CONTRACTOR acknowledaes dint the OIVL 1p,R'hns the riahrto add or delete items in the flue or chance quamioes at OIVi IFI S. mile tliscretion without uRcctMS., the Contract Price of .am•- remainin" iu:m so 'lone as tlx: deletion or addition does not eau;ed twenty-tive percent of theorieinal total Contract Price- AR,ricLE 12—cfOLNGF, oFCoj� I'I kcr T,LNIES 12.1. The Contract Tiines (or ildilestones) may arty be changed by n Citarge.Ordcr or a Written Ameridmcnt. Arty claim for anadjustmxm of the Contract Times (or ✓lilestoncs) shall lbe, 1xisedon written notice delivered hv- the party making the.claim to the other party- and to .ENCYINF.ER promptly (but in no, event later than thirty days) after the. occurrence of the event giving rise to the claim and stating the gcrtcrtl nature of the claim.. i Notice of,the extent of the claim with supporting data shall be delivered withit sNiv days alter such xcurrcnca (wilesss Fi`IGINF.ER allows adtitional time, to ascertain m6re accurate data in nipport of the claim) and shall be. accompanied by the claimant's written statement that the adjustment claimed is the entire adjustmentto which the daimAthas remoh.to'beli&a it i5 entitled is n result of the oceurrencc of said event. All claimsfer adjustment in- the.Contract Timcs (or \-irlestones) shall be determined by FNGINEF,R in; acuordancc-with. -parasmph9,11 if' OWNER and CONTRACTOR cannot oL`terwise.agree. No claim Cor an tdjustment in .the Contract Times.(or Nfllestoris) will be valid if not submitted in accotdaAcc with the requirements ofthis paragraph 12.1. 12.2. M tine imiks stated in the Contract Documents ve of the essence of the Agreement. 12.1t 4Vhcic CON•FRAC;TOR is prcvcnfed from ccimpleting. any, ;part of. the Work within dic Contract Times.for.\dileswnes) due'lo delay beyond'me control of CONTRACTOR; the Contract Times (or Nlilestones) will be. extended in an amount equal io time IosL dkic to such. delay if it claim is made therefor its provided' in paragraph.]_. 1. Uclays beyond die, control* of CONTRr\('TOR shrill-irtelude.'butnot be limited to, act; or neJect by OWNER; acts or neglect of utility owncrsor other contractors gzrfaming other work as contemplated by Articic L fires. floats, epidemics, abnormal weather conditions or acLs. of Gal. Delays annhumble to and within the control of a Subcontractor or Supplier haU be rkemed to be delays within the comrtrt of CONrRAC:TOR. I-`.J.- Where CONTRACTOR is prevented from completing any pan of the Work within die Contract Times (or Milestones) dyz to delay beyond .the uintrob of both OWNER and CONTRA&OR, .an extension of the. Contract'runes (or NU estonzs) in mLpmotmt equal to die Lime Itat due to such delay shall be CONTRLACCOR's sole and -exclusive remedy for such delay. In no cvent'.shall OWNMR be liable to CONTRACTOR, nnv'Sub ontractor„ any Supplier: any, other person or artrtmiiatiort a to any sutrety' For or employm:or agent a any of them, for lamagr, arise out of or resuking from () delays caused by or wihin hY control of the CONTRACTOR or (ii) delays l -yond the control of hoth particsincludtirg, but not limited to. firer Uooilt, epidemics. abnormal. weather conditions,acts of God or ncts'orncglcct by utility owners or other contractors performing other wcrk ascontemplated by Articl57. ARTICLE 13-TFSl•S A\ND INSPECTIONS;, CORREC11ON,'HF30OVAL OR:\CCEPG4YC6 m, i)F.,n-XTIVF' WORE. 13.1, Noiiceofbej-edy: Prompt notice of alt &!f cdve Rrork.of which OWNER. or 6NGTNEER have actual knowledge will be given `to CONtTR:\CT.OR All deJacrive Work may be njcrctcd,, corrrxted or accepted as providedin this <lrtte'lc 13, Aceos to. Work: 13:2. OWNER LNrGINEER LNG&Iti <'s Consilionts;. other representatives and persmid! of OWVNU: , indepcndcnc netting I:rtorntorics and govcmmentalhgcncics with jurisdictional uiterests will have acc,� to the Work at reesonsble�tirres for their observation inspecting and testing. CONTRA(_' -* TOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR!, site s<atery procedures and programs so that they may ctmiply didewithas applicable Testy and 7nmec(ions.'. 13.3. CO�rrRACTOR r.hall givc.1NGNEUR timely notice of readiness of the Worn' for till required inspections_ tests or approvals: arKI :Jell cooperate %oath uispcctaon:mad tesline personnel.iu facilitaterequired inspections or. tests, 13.4. OIVNER,shall employ and pay foe the services of an vulepent.knt testing laboratory to perform all inspections, tests; or approvals required',by the Contract. Documents aeceot:. 13A1_ for inspections, tests or.approvals coverer) by perm raph 13.5 below; 13.4?_, that erns incurred in connection with.tests or inspectiors conducted puicttant to pamemph 13.9 UMCGENFF,ki: CONDrn OtJ U' W s W-)(] Eistkfl) WICITY OF FOR COLD M mabwiGt nON'S titcv.1 rood) below :shall be paid as provided in said paragraph 13:9;:and 13.43. as otherwise-'spicitically provided in the Contract Documents. 135. -If ,Laws orRegulations ofanypublicbodyhaving jurisdiction requue.anv \Yorklorpar[ dteredf) specitie3lty to be inspected, tested or approved by an eitrployce or other rcpasentalive bf such public body: C:C1V'rtt\CTO,R shall assume full ruSp=siblhtY for arranging and, obtainuig rich inspection;, tests or approvals. pay'all costs in connection therewith, and famish ENGINEER. the required certificates of unpcction., or approval, ('ON•I'RACTOR shall also biL responsible for arranging ,and obtaining, and shall pay ill costs in connection wide any in'spections.,tcsts or. approvals required for OWNERs and FNGIiNEER's6eceptartce of materials or equipment in be incorporated in ttu: Work or of materials, mix tl siyvs. or equip mcnr submitted inr approval prior to CONTRACTOR's pwctiase •thereof lot incorporation in tlu Wcuk: 13,0, If any ll+err (or the ever!: of others) that R tobe inspected, tested -air approved is covered, by CONTRACTOR without 'written concurrence of HNGINEEIt', if must, if requested by ENOWEER, be wuarvcrcd for observation.. 13,7, Uncovering,Work as provided in paragraph 136 shallto at CONTRACTOR's expense antes CO\l'RCTOR- has given ENGINEER timely notice of CONTRACTOR'S intention to cover the same. and ENGINEf'R.has hot;actul with rcnsgnrblc promptncsc in response to such notice. Uncovering Mork: 13;&, If atiWork is. covcred.contrary-to the'writicn v request. of ENGNEER it must, if requested by LNG NrIET- 'be uncovered for M GGIEER's observation and replaced at CON? 2\CTOR's r.�p;rue.. II.'). IfENGINEER considers it neressary or advisahle that covered lNork be observed by LNGINCER or inspected_ or tested by others, CONTRACTOR at ENGINMER's request. shall uncover, expose or otherwise make available for observation: inspectionor tcsting as LNGNTMIZ niay require, dial portion, of the Work in question- furnishing all necessary labor, material and equipment If it is found that such Work is defective. CONTRACTOR shallpay till claims. costs, losses and damagcs_causcl bv,.arising: outof or resulting from such uncovcrima. exposure. ubservation, iiupection_and testing and of satil't'ry •replacement or 'reconstruction- (includinc but not. limited to all. costs of repair or reptacemcnt of wink iM_ ethers); and OWNFER shiall be entitled to an appropriate decrease in die. Contract Price, and. if the purtics ure-unablr. to agree as to the amount thereof, may make a claim therefor as provid"C in .Article 11. 11'. however. :such Work, is. not. found to be ckf¢c tier.•, CONTRACTOR shall Ix allowed _tin;ncrcnsc in the Contract Rice or an cx!ensionof the Contract Times (or :\•Pile ones), or both, direetly attributable to such 27 Ll 18 0 i uncovcrin_n_ e.`pos'tire, obwvati_on, inspection, testingl. replacement and reconstruction..and, if the p rtics ,are unable to amce as to the amount or extent .thereof„ CON[ M MbP may makc:a claim therefor as provident in Articles IIand l3: 011KNER May Stop the U'ork:- 13,tO. If the Work is d2%cpve, or CONTR4CTOR'lails to supply =sufficient skilled workers or suitable materials er equipment, or Neils to furnish or perform the \!fork in such a. uvy that'& oe ;pleiod'Worlc will conform to the Contract Documents, OWNER may, order CGNTRACroR to stop the Work. or any.pertion.thercull until. the cause for such order has heen "climinatid. however, th s rightofOWNFR to stop die Work shall not give rise to any.duiyon the "[sent: of OWNER to -exercise this, rigid. for the benefit of CONTRACTOR or any.surety or other party. Corredian orReitumid ofnefective Work 13A L [C required by ENGINEER, CON'rR.\CTOR shall. promptly, as directed, either correct all de/canny Work, whether or not Nbrictited, installed or uimpfeted, or, If the Work his been rejected l,y rNTOINFOZ. remove it Bone the site, and replace. it with Work thar is not def ctive. CONTRACTOR. shall pay all claims; costs, tosses and damages caused by or resulting from. such, correction or rernoval,(incliuding but not 11mitted'rorill.costs if repair or replacement of work of others), 13:12. Correctian Period-. 1 3.I3t1 _ If within one--y aF two %carc.aticr the dale. or Substantial Completion or .such longer period or time as may be prescribed, by Laws pr'Regul atiorts-or by the terrtis uf.any .!pplicablc special'guirantec required by the Contract Dccume= oc by any specific pmviskin of the Contract Documents. any llrork is found: to & ikfective, CONTRACTOR,shill promptly, w•ithouccast to OWtiERand idacaigIafice with QWVGR'3'ivrilten instrtuctiows (i) correct such defctiveAvork, or, if it has been rejected by OWNER, remove it From the site and replace 'it with Work-, that is not c&;/'active; and (ii) cltisfactorily corrector remove and replace any damage to other Woh: or the work of others. iesultind ihcre(rom. If CONTRACTOR does not promptly comply with die terms of such instructions, or in an emergency where, delay would t aitse serious risk of lose or damage, 04VNTER.. may Imve the'cktf ctive'Work corrected or the rejected lvork removed and replaced; anal all claims, costs. losses and'damages caused by or resulting Cram such removaland rcplauemcnt (including but not limited to all Costs of repair or replacement of work of others).will be paid by.COVrR-\CTOR 13.133.fn sxc'eal circumstances where a ;particular item of -equipment .is placed in continuous service before. Substantial Completion _of all the Work; die c6rrecbon period for that item may slan'to run- from iin earlier fate if so provided in the. Specification :or by Wriiten Amendment 13.1?= LVhoie fief crive LVrrk (and daninge to, other EJCOC t:BNtlt;ty W dtN'RO:Ci 17 t141' tl Y4v t:.GBnI! -IN avi tl7Y 0Ir'fORT�CI�I:I.Iiti:lI0OI1'IC.�\'rtO, IS dtG\',IF'0001' 0 Work resulting ther6front) has been corrected, remitverl or replaced under this paragraph 1112,the correction perictl.hereunder with rtspectio such Work avilbbc extended for an additional period of on"tae twa Years after such. correction or removal and replacement has been, satisfactorily completed, Acceptanee ofbefective Work: 13.13. .Lt. imtead of requiring correction or removal•and replacement.' of defective Work; OWNTER,(and, prior to FNGENIT R's rccomnneridaiion of final payment;. else f N�HINIEE.R) prefers to accept it, OWNF.It may do.so.. CONTRACTOR shall pay all claims, costs, losses and damages .attnlnttahle. to OWNER, eynluation of and .determination to acceptsuch &jec6ve Work (such costs to be approved. by ENGLNEER as to reasunablertess).. If ariv such acccpt:ince occurs prior to EuNKIENEER's recommendation of tinal payment- a Change Order %.rill be .issued incorporatiii& the necessary revisions in the Contract Documents with respect to the work; and OIVNER shall [-emitted to mi appropriate des'ease in the Contract Price, and, if the.partics arc unable to agroc as to the mnodnt thereof; OWNER may make n claim therefor as provided in Article 11, 11"the. acceptance occurs after :.uch recommendation; an appropriate amount will be pain by CONTRACTOR to OWNTFR` OTIVNER Afrq Correct Defeelfre Work: 13.14. If CONTRACTOR dtils within a reasorinblo time after %vritten notice from E'.NG ENEER to correct d_ f ctiee, worker to remove and replacwrcjentod Work as required by FNGfi rH'R in accordance ,pith piriernph 13:11, or if CO, rTRACTOR fails to pertonn the Work in accordance with the Contract Documents. or if CONTRACTOR fiiils to comply with arty other privisiari .qf the Contract Documents. OWNER may. utter seven days written notiee•tii CON'rR:V_',TOR, correct and rem edy, any such deticicncy. In exercising the rights and reedies under - this 'paragroph OWNTCR shrill proceed expeditiou:dy, In connection with such ccrectrve..md remedial action, 'WNER nuiv,exclude CON FLACTORfrom all.or partof the site,-takg possession of all.,ar part of the Work ;and suspend CONTRACTQR's sen'ices related thereto, take., possession of CONTRACTOR's tools, 'uppfiames. consstructiorr equipment and machinery ut the sieei'and incorporate in the Work all materials and .equipmem .stored at .the. site or for which OWNER has paid C.0,WR \CTORZ' but which are stored elsewhere. CONURACTOR shall .allo%V C)W_NER, OWNER's representatives, aeents.und employees O'WNER's other ciTnlnuat s and fir IGL 3LIZ and LNG ENTEEWs Consultants access to -the site to enable -OWNTR to exercise the riots and.remedies underthis pamgrdph, All claims, rests, losses and damages'incurrW or sustained by OWNER in ueercismn arch ratfirs and rernhlics.will be changed against CONTRACTOR and a Chanac'Onler will be :issued incorporating. the nece3s<ary revisions, in the. Contrad Decumenss with respect to the Work_ and OIVNFR shill tic entitled to an appropriate decrease in the ContractPriec, and, ifthe parties are umble to aenr;ts to the :mount thereof. OWNER may make a claim therefor as.pravided in Article I t, Such claims, runs. Lx�s and damages will ini:lude btu not be limited to all costs of repair or replaa:mem of work of others destroyed or damaged by correction removal or replacement of CONTRACCTOR` -defective Work-. CON'TR_aCTOR shale w not be allowed an estetnion of the Contract:Times (er ,lilestones) because of any delay In performance of the \Vrlccruributable to the Ccercise by OWNER of OW (ER's rie}its and remedies hereunder. ARTICLE i i=PAY\LE:.IS TO CONTRACTOR AVD CObIPLETiON -.Sdiedule of 11aluer. 14.1. The schedule of values established as provided in paragraph 2.9 twill scn-.c as the base for progress payments and will be incorporated into a" fomi of ?\pplication' for Payment acceptable toENGINEER. Progress payments on acctmntor unit Price Work will be based.on the number cif unit% completed. tpplicaiivir for Progreev Pnvuaenrr 14:3. At least tveray days before the dcnr established for each progress payment (but not more ofien Ulan once it month), CONTR•\CTOR shall submit -to ENGNEER for revieew& an Application lox Payment tilled out and signed'bg CONrRaCTQR covering the Work completed is of the dme of the Application and accompanied by such supporting. documentation as is required by the Contract Ctocumenut If. pannent is requested on the basis of materials and equipment not incorporated in thc. Work buL delivered and';uitahly stores[ atthe site or itanother location agreed to in writirip, the Application fd'r Payrnerit shall also•be accompaniedby a bill cf sale, invotce•or other documentation w•arrantmE that OWNER Lis recelv'ed the ntateiiols and equipment live and clear of all Liens and evidence that the matenals and equipment are covered by appropriate property insurance and othei itran_rements to. protect OWNU!sjnterest therein, .all of which will be stisElctory" to OW^lF.R. The amountof reurinagd with respect to progress payments will be. as mipulited in the et seq. CONTRA TOR s lVi rr a", of Title: 14.3. CONTRACTOR warrmtiand guurantc{s,thaititle to all -Work,. materials and equipment covered by .any Application for Payment whether incorporated in the P oject. or not:. will pass to OWNER no.litcr than the time of Payment lice and clear of all Liens. Revinv of.applicatiomv foi Progrery Payment: 1-1.4. ENGINEER will within ten days after receipt of each. Application ton.Paymenr, either initicaia in writing rt. F7r 1]CUEtitY W COyUrnotiS 19ILLS (twa Eutiai! w/ C1lY OF FOR'r cot, Li tiS -MODIFICATTO VS lREV, r'O00! recommendation of Frayrietit and present the Application m- OW.iER; or return the Application to CONTRACTOR' indicating. in writing ENGINEER's�reasons for refusing to. recommend payment- In the latter eait: t (>NrR\C:rOR may .make the' necessary correctiorcsand -resubmit the Application. Ten days oiler" presentation of the Application for Payment to OWNER with ENOME•R's rccommeridation, the anib tut recbmntcnded'will (subject ,to lheProvisions.of-the last kmence of pamraph 14j). bcoumcdue and when due will be paid' by OWNLk to CONTRACTOR 14. i. ENG NEEIZ:s recommendation' of any payment requested in an Application for Payment will "tnnstitule a representation by ENCHNE R to -OWNER _rse "lsd �on kiNG(idEF.R's on -site obscivatiyns of the, szecuted Work- -as an experienced anal qualified desismProfessional and on ENGINFER's «view of the App--nnlication for Payment and the accompanying data and -schedules, that -to the'best,of P,NG(NE'ER's knotvladgc, iitforhtatian and Vieth 14J.1. the Work has progmsed. to :the point indicated, 143.2. the quality of the Work is: .eertemlly' in accordance with the-Contmct Docwncnts (subject t6' anevAt6tion of the Work as a .functioning whole prior to or upon'Sul)Suinttal Compleiioo, to the nnatitsr of any subxquent tests called for in the Contcict Documents, to aFinal determinationof quantities and classifications ' for Unit Price Work under paragraph 9.10, and to am• other quilifteations stated in the recommendation); aiid- 14.3.3. the conditions precedent to CONTRACTOR`S _b6ng entitled to such paymmu appear to• have been filtillcd instiN as it a- ENGLLv'EE• R's responsibility to observe the Work: However, by recommending any such payment ENGD,T-ER_ \wilt not thereby be deemed to have represented that- (i)exhaustive or continuous on -site inspections have been made to check the quality or dad quantity of .the bWtvk Ix:yond the responsibilities specifically acignzd to ENGIN'L•ER in the Contract Docurrents or (it) that there may not be other matters or issues. between the parties that might entitle CONTRACTOR to be paid additionally by OM ER or entitle OWNER to withhold paj2mcnt to CONTMACTOR l4.6. ENGINE Ms. recommendation of any payrrem, includiru-Gred payment.:shall- not mean that E„GINFER is responsible for CONrRAC'TOWs means, methocs, techniques..sequcnees or"procedures of construction. or the ,mrety precautions and prtxgams'incident thereto.. or for any failure of C(DINTILACTOR to tvmpfy with Laws and Regtilationi- applicable to the fiirnisIng" or performance of Work, or for any tailure of CONTRACTOR to perform or furnldi Work .at accordance. with the Comnlct.Documcros. 14.7. ENGIpiEER may refuse to recommend the whole or any part of any payment if. in Exi IGINEER's opinion it would. I:d incorrect to make the repretsentatigns tq _9 0 • 0 0 01"-ER referred tool pmagnpli 14.5. ENGNEER may also refuse to recommend and suehpayanent; or,, because, 61, subsejuendy discovered evidence or the :results. of sub ,scqucnl ibspectioru- or tests. nullify any such payment previously recommended to such extent as may be" necesmry in E OINEERc opiniyq-to: prdtccr (UIWi F;lt from loss because:. 14'7A., the -Work is defrc,1xv, or completed Warr. has" loon [lam 5_rkd myuitin cocrrcaion err rephiamcnt. 14:7:1, the Contract Price hasbeen reduced by WrittehAmendment,or, Change Urder, 14.7.3. OWNER has been required to correct :f(•etn•a Work or'cumplcmWork ih acmrdincclYitti paragraph t114. or 14.7.4. LNGN- FER, has actual kno%AcdLc of the eecurrence ot. 'any of the events criumcrated in para._taphs 15.2.1 through 15,2:4 inclusivc. OWNERmavxefusc to make Ixayment of the [full amount recommended by ENC:iNFFR.becttuse- 14.75, claims have, been made against OlbNTR on account o f CONTR_\C; f'OR s perfoiniancc fir furnishing of the Work, 13:7,5. LienshaveWen- tiled in.cramection with the Work, eecept where CC1\TR:\CTOR has delivered a. speaatic ,Bond,satista6tory' to CAMER'to secure the satisfaction and dig- hmBe of such Liens. 14.7-7, tlten: are otheritems entitling-OWNF,Rioax:t- oft agai st the. am cunt renainaiented or 14.7.3: OWNER has actual knowledge or, the. oceutrende of any of the' events enumerated in paragraphs1-17.1 through,14,73 or pfuagraplu 15.2A throu5h 15.2,4 inclusive: but OWIN R' mast u_ ve CONTRACTOR mmediate written notice (with a L ,to FNG[NBF.R) stating, the. reasons for such action and promptly pay CONTR\CTOR the :amount so withhi ld or am' adjustment: thereto agreed E6 by OIyNGR and C0N}TR4CT0R- when CWN URAGTOR. corrects to OWNER's, satisfaction the reasons for such action, .J'ubstanrial Completion: 14X When CONITR-\CTOR considers the entire Work ready far its untended use CONTRACTOR. shall. notify OR'NRER and D G['N ER "m-uTitine that the entire Work 'u substantially complete (except for items Specifically listed by CO\TR.AM)fLas incomplete):and request )hat DiGL`�Z-ER issue a certificate of Substantial Completion: Within a reasonabletune thereafter, OIVNER,. COMi TRACTOR and 7FER shill make an inspection of the Work to determine the status of completion. If. E•NG NF.F.R' does not consider the Work substantially complete: ENGNEER will notify CONTRACTOR, in t)riting— giving thereasons therefor. If ENGfaVFl R ?ll �C'DC;rE\FR-V,C�tiUt'n Otii l)Iga (199V L'Ailiml IV! CITY OF FORT CULL! .S11OO1FICNIR-INS rldLY0ZOOn) consider, .the Work substantially complete, ENG 1, EER will prepare and deliver to OWNTR a tentative ceri fiche .of Substantial'Cgmpletion which shalt lie. the date of SubstantiaL'Completion. There. skill be attached to the c ertilianr a. tentative list of items to be. cumpleted or, corrected beforetinal payment, OtVjIQER shallhate seven days -after receipt of the. tentative certificate during whigh- to make writtenobjection to ENGLNEER as. to any provisions of the certificate. or attached list. IC after considering- such objectioms..ENU MEEK concludes that the Work is'not substantially cimpiete,C'IGNEER'will within. Councendays after submission cfCthe trntativc certificate to OWNER notify CONT.R4CTOR in-wnitmz, suiting the reasons iherefdr, fl; allot consideration of OMNPWs objections F'NGINEEK considers the Work substantially camiplctc,. liAA.INLFR' mill, within said .fuurteen days.--c=utc and deliver to. OWNTER and CONNTRACTOR a t ifinitive certificate- of Substantial Completion (with a revised trntativc�Est of items to be complctcdercorrected ).rcticciingsuch chmt;es from thc tentative ceitiftcate.as.ENR3INEER believes,'jutstiried after consideration of any ohjectiorts' from OWNER. "At the time of delivery of die tentative certificate of Substantial Completion HNGL�REER will, deliver .to OWNER. and (:ONTRIAC:I'OR a written mcommcndation ns to division of T"' Nnsihilities pending,- firm]' payment -bcttvecri OWNER and CONTf .aGMR with respect to security, operation, safety, maintenance, hc9tt utilities," insurance and warrants and guarantees: I-,nless-OW-NT-R and 'CON" fRAC,TOR agree odwrwise in writing and so inform FANGINEER in wntingprior to ENGINEER's issuing the cLainitive .certificate of SuLtantial Completion, ENGINEER's aforesaid'reconumcndAation will b: binding on, OWNER and CONTRACTOR . until final payment 14,9, OM411R shall' lave the ri0if to exclude CONTRACTOR from the Work :filler the rate of Substantial Completion, but OWNER shall allow I,0-NTRACT0Rtrasonobld access to complete or correct items on the tenlaiiLc list Partial Utilization: IJ,IQ: •Use- by OWNER. at. OI NF,R's caption of any substantially completed part ofihe.Wo6_ which: (i) has specifically —bean identified in the Contract Documents, or (ti)OWNEIt .ENONTGR and CONTRr\CTOR2 agree constitutes a s<:pumtely limcaioning'tmd usable peat of the Work that, can be us_cd by OW\TER' rot its. intended purpose without siyuficant 'interference * with CON'TR-,\CTOR''s pertormxnce of the;rem: Elder of the Work,. may be accomplished prior to Substantial Completion of all theWorkxubjcct to the rollowing: la.l0:l_OLI.RER .at tray time may request CONTRACTOR in writing.ty permit OWNER to use any such pulpf the bvork Whtch OWi [C1L helicves to' be' ready for its intended ease and sulisumtially complete. If C0 1'1tAGUA aloes that such puft'of the Work is substantially complete, CONTRACTOR will certify to OWNER and FNGINFER that such part of. the Work is substantially complete .end request DIGNEER to issue a 'certificate of SubstantiaL Completion for that part of the Work- COIv'TFbV`TOR.at anytime may notifvAWNT;Rmtd PNGi F.RinwritingthatCONTRA&Mconsiders any such part of the Work ready Cur its intended use and substamiaHy complete and requesi C4GL\ECR to .issue a certificate of SuEsiantial Completion for that pan of the Work: %Vithin.a reasonable time after either such requesi. OWNT-P CONLRr\C'TOR: and G40UNMER shall ibake an inspection 'of that part of the Work to determine its sttNs.of completion. If Le IGLAER does not consider. that pan of the Work'lo I- substantially complete, ENGM.ER will notify OWNER a4 i_-ONTf aCTOR in -writing giving the reasons therefor_ If RNGpiE'ER considers that part of the Work toabc substantially complete. the provisions of pamgaphs.l'-f:3 and 1-1.9 will.apply with respect to unification of,Suhstantial Completion of thatpart of the Work and the division of responsibility- in respect thereof and access thereto. 14.101: No occupancy or sgiamtc operation ofpan of the Work will be ❑ceomplished prior to compliance. With the requirement; of pnmgmph 5.15 in respect of property insurance. Kral Inspection: 14.11_ Upon written notice from CUMI;RACroR that the entire Work or an agrxd portion thereof is. comj)lcte,, ENGLVTER will mako a lint inslction with OWNLiR and C'.OINURAC TOR and will notify c6mricm;-voR. in writing or all particulars, in which, this inspection reveaLs that the Work is incomplete or d frcrive; COV'm_.%Croft. .shall immediately' take such measros as are necessary to complete such work or renncdy.such deficiencies final :Ipplication fiarPgt'nrenr I4.1_. After CONTRACTOR has completed all such corrections to the. satisfiiction of ENG UMEER nail delive_ re d in acc:ordnnee with the Conund Documents all maintenance .and ofxmtinginstntction's„ r.;ltcviiiles,. guarargees, Cords. cenilictnes or other evidence of insurance required by Eangraph= 4. cettiticates of insp:cficn, marked -up record documents (as prgv;idW in parn@raph6.19) and other documents, CO:vrR:\CTOR may make application for final payment Following the p-ovWatc For proeress payments. The fatal \pplieauori for Payment .shall G: .acuompriial (except me previously delivereil) by: (0 all documentation called for in the Contract 'Documents. including but not limited to thin evidence of insurance required by subparagraph54-13,. (use )connt of the.survty. if -:my; to rural paymcnt:and (iii) complete and legally effective, relems s or waivers. (satisfactoryto OWNER) of all_ Licros arising out of or tiled in connection with,tlte Work In lieu of.such rdleases.or waiver of Liens and as approved by, OkMi2 { CONTR.AcrOR may furnish• rmeipts or relcasas in fuli- and affidavit of CONTRACTOR that: (i)'lhe releases and rnkipw include all labor. services. material and equipment feu which a Lien could'be . fled, and' (ii) all .payculls. material and equipment- bills, and other indebtedness connected with the Work for which OWDIER or OWNE's property in in any way be responsible have been paid or othen-ase sattsfed If any. Suh:ontmcior of St#lier fails L�C9CCtfi�aY \t;COyl)l'IlOtie 114-Y {I71ii E<5tiu11 wl C1 rY Gr TORT LOLL I NF MODUTICA ❑ONS (REV lrauOi to furnish such a release or receipt in full, CONTRACTOR may ffrmir)i a Cored or other collateral satisfactory to OWNER to indemnify M ER ai3air&. any Lien Releasc.fir waivers:ofljeri3 xiul'thecivuent oC the surety to finalize pavmcra�arc to be submitted on forms conforming to the format of the OWNFRS standard formsbound in the Project manual:; Finaf Povntrnt andAcceptmrce: 14.13. If, on the basis of CNGNECWs observation of the Work during consiructiomand 6nal',in;T'=_uon and IiNGINECR's review of the final Application. for Payment .and accompanvin_documentation as required' by the Contract 0&ume=, 6NGINFF.R. is satisfied that the Wort; has been completed:adCONTRACTOR's other obIhnitiuns under the Cuntrad Documents have'been fulhlLd. ENGINEF'Rwill, within ten days after receipt of the final :application for Payramr, indicate in writing FNGINEP.R's rpx)mmcndaticin of payanpnt and present die Applictiticxt to OWNER for payment. Atthr. same time, F.NGh1F.F.R will also give written notice to OWNER ancl'(:OYI'RAGI:OR that the Wak. is acceptable subject to the provisionsof pmra3aph 1:4,13. Otherwik E:NtIINF:ER will return the Application to CO`:,TRACTOR, indiunting in writing the reasons for refusing to. recommend final payment, in which, case COrgr�RACTOR'shall make the-neccs'vry corrections't nd resubmit the.Applieatiin. "rhinvdaysailer.presentution to OWNER. of the. Application and accompanying documentation; -in appropriate:: forth and substance and with ENGINEER'S recommendation and notice of acceptability, the •amouni *rttomtuended by, ENGINEER will become clue and will be paid by C)W'4FR to CONTRACTOR, subject r , naragmph 17.G:'_ of these General.--jtigr* 14,14, It through no fault of COVTRXCTOR fatal_ completion. of chic Work is shnifie(mtly, deluyael.and. if RNGINur EER so colins, OWNNER shnlL, upon receipt of CONTRACTOR's 5na) Application to Pavntent and recommendation of CNGNEER, and without terminating the agreement. make payment of the balance due for that' portion of the Work (idly coot pitted and accepted, If. the remainingbnlance to be held by OWNER for Work no: fully completed or corrected is less than the retatnage stipulated in the Agreciicnt. and, if Donis heave. Leen tarnished as required in p meraph 5-1, the written consent of the surety to the payment of the balance dur for that portion of the Work frilly completed and accepted shall Lx submitted by CO\TIRACTOR. to ENGINEER with the Applicaiton for such payment: Such payment shall be made under the lerms and conditions governing final paymcnt except•that it shall not constitute .a waiver of claims f4,'nlver 6f'Chih s 14.15. The makin_C tired acceptance of final payment will 1.4.15.t a waiver oe all dnims by OWNER a-gainst. CONTRACTOR. except ,clauits urisjng f oat unsettled Liens, froai rtelective Work appearing nFer R C 0 10 0 11 fired inspection.,pivsuant to ptva_rrnph 14.11.. from railure to comply tvuh�the CgntrcEDocumenN ur the terms of any special guarantees specified thacirC or filar CONTR.ACTOR's continuing obligations under the Contract Documents: and 14.13.2.A waiver of all claims bwCONTRACTOR against OWNUR'otfier than those previously made in writing and still unsettled.. ARTICLE I—,SUSPE,VSiON OF 'WORK AND 'CERA44\AT[OY 01VNERslat=Suspend IVork: 15.1, At anv time and without cause.. OWNER' may suspend the Work or any punion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENic;wE•ER which'will tix:the date on which Work. will h resumod. CONTRACTOR shall' resume the Work on the date so fixed CONTRACTOR_ shall be allowed an adjustment in the Contract (rice or nn extension of the Contract Times, or hot% directly mtrihutible to any such -suspension if CUNTRACTC)z. mak:s mi arrptdved claim therefor as ,providcd in Articles i.I' lull' 12. 01l%A'ER May Terminates 15:2: Upon the occurrence of any one or more of the. following events: 1 i;2.1. if CONTRACTOR persistently fails to perform the Work- in accordance with the Contract Documents (including but not limited to: failure to supply sufficient. ikilled workers, or suitable materialsor equipment ui failure to..,adhere. to the pcogrc s zheduk smbllshed under ppragraph2,9 as. adjusted. Gout time: io tm;e pursuani to parai aph ti.o): 1'5221 if CONTRX rOR disregards. haws. or Re�ulatiolts of any puhlicbotlg fiaving'jurisdiction; 15.11. if CONTRACTOR disecgdi'cls die :tuithot ity of ENO MUR_ or l "ln, if CU�TMeWTOR other"'I'W violates in any substantial way any provisibns pf .the .Contract Documents: OWNER may after giviL- CUNTRAGTOR (and the surety,. if, ang). seven days' written notice and to. the extent permitted by Laws and Re•_ulations, tg-minate the scrviees ofCONCRACTOR; excludeCONTiL\CTC)Rfrom the sitc and take possession of the Work and or all, coiwrk.wroks touts upplianci s, construction mim.pmcnt and -machinery at the `site and use the same to the Cull extent they could be used by CONTRACTOR. (withom. liability ,to CO?1'rt2ACPOR. for trespass or conversion). incorporate in the Wodk all materials and equipment stored at the site or for which OWNr6l: has paid FJC'DC <;EtJFfGtL COFJOPrO;ci I;iiiN 1194U Eaiiinil �— tut❑'iY OUi�OR7 CDt.L1.511GbthlCd'I"IONSffUi\'.mn_0Uo1 0 'CONTRACTOR bia which are stored efsew'herc, and frtinh the Work w, OWN`URmay deem expedient. Insuch case CONT.RACTOP shall not be entitled to receive any lurlherent until th&!Work is finished If the unpaid balanceofpaymthe Contract.C'rice exceed; all claims. cost& losses and damages sustained by 0WN6'R arising out of or resulting: from completing the Work such excessnvill be paid to CONM\CTOR. If such clainis,.cost& losses and cb•mages:exceed such unpaid balance, CO, MAC:[OR' shall pay ihe,diffacticc toO1VNER. Such claims,'costi, losses and damages. incurred by 0%?WER will be reviewed by ENGEVEERas. to their reteormblenrs and tvfien so approved by UN'6 U 1I iER incorporated in u Change Order, provided that when exercising ,any rights or remedies under this. paragaph OIVNkff shall not' he required to obtain the loevest.price for dtc Workperformed, 15.3. Where CONI'RAC,raws. serviccs have been, so .terminated by OIVNUI:, the' termination will not atTect any rights' or remedies of OWNER. .against CONTRACTOR then cmisling or which may theleatter accrue. ;Any retention or payment of moneys due CONTRACrOR 'by OWNER' will .not release. .(:UN'11LACTOR from liability; I j,4, Upon sewer days' written .notice to CONI'RAUrOR and 'ETICrI:`IF.E R• d)WN.0% -may, without riuseand wid,iout,pryudicc:to tniy outer right or reniedvof CMNTER;.electto,termipatc mite Agreemcnt. In .such 'case, CONTRACTOR shall, be paid (a�ithout duplication of any items): 1>A:1. for,complcnd and acceptable Work executed in.accordance with the Contract Documents prior to the effective -date of termination, including, rair and reasonable sums. for, overhand and profit on such Work. 15:4'.. for cxpenses sustained prior to the effective date of termination. in Wrorming services and hirnishing I;bore Materials or zgmripinenf•as_regtiiird. by the Contract. 'Documents in cbninection with uncompleted Work, plus fair and reasortable sunms,for overhead and profit on such cspmiscis•, 15.43. for all claims, c6s" losers and ditmages incurred ur Settlement or terminated conmtcts�.wah Subcontractors, Suppliers aril others and 1S,4:4, for reasonable expenses directly ahiibutabte to termination: CONT R:aCTU2 shill. not be p<m ill on accountof hv`s of, anticipated proliisor, revenue or other economic loss arising out of or resulting, from such termination .00Arr14.tCTOR May S.top.fl4rrk or Terminate: 15.5. K through no act_ or tatdt of CONTR.ACTOK the. Work is suspended for a period of more than ninety flays by. OWNER or under an order or court or. other public authority-, or FtNUINEFR. fails to,act an. any Application for Payment within thirty days alter it is submitted or. OWNfER fails for thirty d'ivs to ray CO'orMAC70R.any sum finally derrnniried to be due, their CONTRACTOR may, upon seven days' written notice to ORTiER and NGNEER, and prov ided O\WER or ENGD4Z-ER elo not remedy such suspension or lailure within. that time. terminate the .Agreement and recover fiom OWNER payment on the same -terms as provided in Jnirng riph I? 4: In lieu of terminating the Agreement and without prejudice to an-v other right or remedy. if 13-NUNEER has.6iiled to act on an Application for Payment iithin thirty days after it is submitted. or OWNER htisfailed for thirty days to pa}•. COvlRt\CTOR Sum , m, finally determined to be clad, CONTRACTOR may'upon seven days written notice to OWNER and UNIG vEFR stop the Work until lzryntent of all such amounis flue CONTRACTOR including interest thereon: The provisions or this paragraph 155 are not intended to preclude 01%TR.-ACTOR. from making claim under :Articles I I and 12 for an inercasei in Contruct' Price or Contract Times or'othenvise far expenses or damage directly attributable to CON AC 1''OWs stopping Wort: as permitted hy-this Oragaplt :ARTICLE.16—DISPGI'.E RELSOLUTIOiN If and to the antint. that OWNER and CCONI'RAC'I'OR have agreed on die method and procedure for resolving disputes tx-twcen them that rnav any: under this Agreement. such dispute resolution method and procedure, if any,,slall hews set forth in'ExhibitGC-A, "Dispute Resolution Agreement", t6 he attached hereto and made a Nit hereof.It' no such_agreemed on the method and procedure for resolving such disputes has been reached,. and subject to the provisions of priragraphs;9,10 9,11 and 9111, 0"WEI: and CONTRACTOR may exercise such rights Or rentedi�� it% either may otherwise have under. the Contract Doeurnemts.or by Laws. or Regulations in respect of any_ distititc. :1RTICLE 17-SQSCELLAUNTOUS Giving Notice: 17.1- A4lhenever any provision of the Contract Documents requires the giving of wrium n066e; it Cvill be &emed to have been validly given if delivered in person to the iihdiv iduitt of to a member of the tiim_ or to an officer oC lhc. corporation for whurn it is intended: or irdelivcred at or sent by registered of eertilietl mail, postage prepaid to the last business;address lhiowrt to the giver of the notice. 17.2. Computation of Thine.: 17.11. WItcn any period of time is referrcd to in the Contract Ducuments by days. it will be computed to e�dudC'the. First and include the last .day of such period. If the Iiist day of any -such period kills on it. 5amrday or Sunday or on a day made a Icgal'holiday bj the Iii%v of thc'tipplicable jurisdiction. rich day will' lbeoniinedGoathe compumli n- L -r;c(;ENi-:F-xL Cn,,4UCn3Ns I N"(ir)h ff::idcnl WI CITY OF FORT COLD N5 VIODIFIC.I FION3 (REV a6000) 1.7r2:2: A calendar dav'of twenty-four hours measured from midnight to. the nest midniPub will coistitule a day, .. _ _ ;Notice nf(,'labit: 17.3.• Should OSVNLRor CONTRACTOR suffer -injury or damage to parson or property because of.any crier, oni ission •oract of the other putty or of tiny of theother employees'or agentsor others for Whose acts the other party i's legally liable: claim will be made'in writimg to the other lhrty within a reasonable time of the first obsmance-of such injury or damage.. The provisions of this, parrigraph,17:3 shallnet be construed as a-Sutkmitite for or a yv'aivcr of the provisions of, any applicable statute of limitutions or « pose.Cwnulutive Re Rerlies: 1.7A. The duties and obligations �imppscd by these Gcnerl (;onditions and the rights and rancdirs available hereunder to the parties .hereto. and. in particular- but without. limitation. the warrantless. guarantees and Obligations Imlxhsad upon; C:L"IiJ'CfZr\C'fUR try pamatiphsoa2,6:1¢,o.3(.I,o_;31',631, 111, lit'; 1:_14, 14,3 and 15.2 and all of the rightsand remedics available to'0W'NF.'R and ENG(NFCR. thereunder, are in addition to, and -are not to 6c construed in any -wa), is.a.limitation or"arty tiglai; and remedies available.to any or all'of diem which arc odienvisa uihposcd or avallabit 1?y Laws a Regulations by special warranty or"guarariwe or'hy other prciv;isions (if the Contmct.Documenes, and the provisions - of this prarhssraph wilf he. as .effective as if repeated specifically irtthcConmact Docuntcrhts in•connectlonwith tech particular fluty, obligation, right and remedy to which they apply. Profesaiunal Feev and Churl Cw•ty Included:. 17.5. Whenever reference is made to "claimm costs.. kisses and damages'; it she ll include in each case, but not be Imm ilea to, all fees and elarrges of engineers, archaeicLc ❑ttomevs and outer .professionals and all court or arbitration or. other dispute resolution costs. l.76. '' he bAws_OC_the-- 'to of_C cidL) ripply to t1LS _Agreement. Reference to li1'U rzrtincnt Colbrjdo. salutes are at follow' 17.6:2 if a claim<is tiled'OWNER is reguaed by, law (CRS +5--26-107) to withhold from all tavments to CONTRACTOR stlicicnt fund, to insure the rnyment of all claims for labor. materials, iimm hire.. sustentincc. provisions provender, or other aupplies used or consumed by CONTRACTOR or, his 33* 0 OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. • Rev10/20/07 Section 00100 Page 6 0 0 ;� 'EJCU�1 UENk'A11.CONU1'ft t�;w5 U19JQ.`!1V.GJi(ipll W (ITY OIi FORT COLLINS SIODIVICNI IOM (M V A2G! O) (This panc Ich blank,inten6maliy.) r10,NS Blla-S 0"0 EdNflM) ,VICI FY OF FrJRTCOLL(--',,S MODWICAMNS IIRL--lf300f17 3 > 9 0 0 • 0 Educe W(CITY61i f-OR-F COE-, !,M MODIIICA I IONS (IULT,11200) EXHIBIT CC -A to-Ceneral Conditions of'the Construction Contract'Betiveen OWNER and'CONTRACTOR 'DISPUrE RESOLGPION ACRELME-NT' OWNER and CONTRACTOR Hereby agree twit Article 16 of the General t:fatditions of die *C64istnietion Contracr hetween OWNER and CONTRACTOR' is amended to include the fallowing aacement of the parties: 16.1. All -claims,, disputes and other matters in puLsuon hdwcen OW, IER and CON'TR CrO R taising ouoaf or, relating -to the'Comra& boeumenrs or the breach entree[ (cxcept for claims which have liecn.tvaived by dac. making or acceptance of final payment as provided by paragaph 14.15) will be decided. by ;arbitration in accordance Kitt the Construction Indusuy Arbitration Rules of the American Arbitration Association then Obtaining, subject to the ftmitatioiss,of the Article-t6, This agramcnt so to arbiiratc and any other agreemcnt or consent to arbitrate entered into in accordance , herewith its provided in this Article:16 will be specifally enforceable under the prevailing law'. of anycourt having jurisdiction. 162. No demand for arbitration of any claim; dispute or other matter that is required, to be referrvd to ENGUNUER initially for decision in accordance with ptngntph 9' I I will be madepntil the earlier of (a) the -date on which ENGINEER has rendered a -written decision or (b) the (hilly -first day after the parties Have presented their evidence to NGI` UR if a written decision has not been rendered by F.NGINEER' before drat date. Ko dcntnnd for arbitmtion of anv'such daun.. dispute or other matter will be made. later than thirty clays after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure. to demand ur&uation within said thirty days' period will resulr in ENGINE-Iis decision- being final. and binding upon OWNER -and CONTRACTOR- If ENGP.IGER renders it decision alter. arbivationprouxdinus have been initiated,,such decision may be emored as cvidence_but will; not supersede the arbitration*e9c4ings, e cept where die decision isacceptable to'the pnrtiescoricemed. No.,demand for whiCmtion of any written decision OF LN. GMER rendered in accordancee with paragripla 9.11) will be madd later dmn.ten days after the party, maUng such demand has delivcred'writtert notice of in(craidri to appeal as provided in paragraph 9A - 16.3. Notice Of the demand. fir. arbitration will be filed in writine with the other party to the Aseement and lHth dro .artier can Arbitration. �,iation any! a copy will be sent to ENGENTiER for information. The demand for arbitration will ;be matte within the thirty%day or tcn-day r<npd gxcitied in paragraph 16:2_ as applicable. and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen,and in no event shal I. anv.such demand be made after the (Late, when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would. be burred, by the applicable statutcef!imilatiors. LiCUC. CiEVE1t:1L i:ONUta'IOtiS 1'JI U-.Y (t 79U Edam) w(!'fl'f OF FART CqI-LIJLS SrpDIF[CAT(GNS tatti'Y+�`�} 16:4. Geeept its provided in paragraph 16.5 below, no :arbaintion arising, out of or relating to the Coniract. Documents shall include by corssolidation, j iindtt or in any. other manner 'any other personor. entity (including E1\1012NTEIR ENGINEER's Consultant and the officers.. directors, agents, employeesor consul tants.of any of them) who is not a party to this cyittmctunless: 16,4.I. the inclusion of such other, person or entity is necessary .if complete relief is to be afforded among these who.tve'already parties 6 the:arbitratigrt• _md 16.4.2. such other person or entity, is suhstantially' involvcdin a question of law or fact which is common to those who are already parties to the arhitration and which will an, se_it) such procecdings,:and. 16.4.3. the written consent of theother person. or entity sought.. to be included and of OWNER _and CONTRACTOR bias been obtained for such inclusion;. which consent shall make specific ref rence to. this paragraph: but no such consent -shall constitute consent to arbitration of any dispute not speciticidly described in such consent, or .to arbitration with tiny party not speciBeally identified in such consent. 165. Notwithstanding paragraph' 16.4. if;a claim - dispute or Wier matter inquestion between MV1,TE.R' and CON?TRACIOR involves the Work of a Subcoittraetor, either OWNEROr WifIRAC:TOR -may join such Subcontractor as a party to the arbitration between OWNER. and CONTR.AcTOR hcrcunder. COLKRACTOR shall include us all subcontracts required by pamgmph 611 it specific provision wherchv the Subcontractor c.IOSCnts to biting joined in an arbitration between OWVi . and CONTRACTOR involving the Work of such Subcontractor. Nothing in.this prarigmph I6J nit in the provision of.such subcontract consenting to joinder .shall email: any claim, right, & cause ofactionin luvcr of Subcontractor and av,,aina DIVNER ENGNEER or ENGINEER's Consultant% that does not otherwise exist. 1616. 'The aw•ard'rendered by the arbitrators will be. &at, lulgruent may he entered upon it in any court having -jurMetion thereoE and ii will not be subject to modifRation or appeal. 116.7. OWNER and CONTRACTOR agree that they shall fusssubmit t any and all tmseided claims., cuunaselainis, disxtt'es and other matters tit question benceen them arising -yet of or relating to the Contract.Decumene; or the breach thereof ("disputeti')..to mediation by the American .Arbitration Assucwtion. under the Corstrucuon, Industryr, fediation Rules of the. American Arbitration Association prier to either of them initiating: against the .other a demand for arbrV_mton pursuant to paragraphs 16.1 throbgh 16:6, sinless delay in initiating - arbitration would irrevocably prejudice one of the parties. Citerospce(ivc thirty and ten day time limits witturr which to file it demand foratrbitradori asprovided in pamgrdphs 16,2 and 16.3 above shall be suspended with respect to at. dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days niter the termination of the mediation. The mediator oranydisputzsubmittcd to med4itioR under thisAgreement. sladl'not serve its arhitmtor of'such dispute wilcssutherwow aCreett (X-Al • i 0 0 EICIX GENE16.L WNDIIIONS 1910-3 (19911 E,.Rli,16 •.w r!7,, O�. FORT CQI,Li ati'xfobfFrcAT1OiS (RF.V'1-9 1) CA;- A I SECTION 00800 SUPPLEMENTARY CONDITIONS Pi E 0 E SECTION 00800 CDOT SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the corresponding paragraphs as indicated of the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: Geotechnical Engineering Report Troutman Grade Separation Troutman Parkway, Fort Collins prepared by Yeh & Associates Inc., Project No. 29- 033, dated January 17, 2012. Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. SC-5.3.2 A Add the following: The State of Colorado shall be added as an additional insured. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The State of Colorado shall be added as an additional insured. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-6.4.1 Purchasing Restrictions • Delete the complete paragraph Rev 10/20/07 SC-6.4.2 Cement Restrictions Delete the complete paragraph SC-6.5 Contractor Responsibilities —Amended in its entirety to read: All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties, if any, provided in the Specifications shall run specifically to the benefit of Owner. If required by Engineer prior to final payment as provided for herein, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of the materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. SC- 6.30.1. - Contractor General Warranty and Guarantee - Delete the complete paragraph 6.30.1.1 Specific Warranties. Contractor further warrants and guarantees that any Work covered by a specific warranty provision contained in the Specifications shall be performed in accordance with the applicable warranty and any such Work shall conform to the warranty requirements during the warranty period stated in the specific warranty. SC-13.12 Correction Period Delete the complete paragraph SC- 14.15.1- Waiver of Claims- Amended in its entirety to read: 14.15.1 a waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective Work identified and reported to Contractor during final inspection pursuant to 14.11, from failure to comply with the Contract Documents, or the terms of any specific guarantees or warranties specified therein, or from Contractors' continuing obligations under the Contract Documents; SC-17.6.1 Delete the complete paragraph 0 L_J • SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 950 Contract Change Order 00960 Application for Payment 0 10 SECTION 00950 • CHANGE ORDER NO. PROJECT TITLE: Troutman Parkway Grade Separated Crossing CONTRACTOR: Structures, Inc. PROJECT NUMBER: 7338 DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 (Assuming all change orders approved) �• ACCEPTED BY: DATE:_ Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing Rev 10/20/07 DATE: DATE: DATE: DATE: Section 00950 Page 1 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be • rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. • 23.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION Rev10/20/07 Section 00100 Page 7 ,qpr.tlr)n nn4Fn APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 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: 2 APPLICATION FOR CONTRACT AMOUNTS PAYMENT Work Work Completed Completed This Previous Bid Month Periods Item Unit PAGE 2OF4 Work Completed Stored To Date Materials Total This Earned Percent Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $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 3 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 O ! • CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY On Hand Received Installed Item Invoice Previous This This Number Number Description Application Period Period PAGE 4OF4 On Hand This Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 5 • 0 • C • 0 PROJECT MANUAL JANUARY 2012 PEDESTRIAN AND BICYCLE GRADE -SEPARATED CROSSING AT TROUTMAN PARKWAY CDOT PROJECT NO. AQC M455-089 CDOT SUBACCOUNT NO. 16526 TABLE OF CONTENTS Index of Special Provisions a. Project Special Provisions b. Standard Special Provisions The following are attached separately 2. BID Plans 3. Construction Cost Estimate J FS &M, COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 Cl COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS CITY OF FORT COLLINS The Colorado Department of Transportation Standard Specifications for Road and Bridge Construction 2011 controls construction of this project. Where there are conflicts between the two, the General Conditions shall control. The following Special Provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. When specifications or special provisions contain both English and SI units, the English units apply and are the specification requirement. PROJECT SPECIAL PROVISIONS Description Date Written Page Index Pages January 2012 1P-2P Notice to Bidders January 2012 3P Commencement and Completion of Work January 2012 4P Contract Goal (Combined) January 2012 5P OJT Contract Goal January 2012 6P Revision of Section 101 — Definition of Terms January 2012 7P Revision of Section 102 — Project Plans and Other Data January 2012 813 Revision of Section 105 — Claims for Contract Adjustment January 2012 9P Revision of Section 107 — Insurance January 2012 top Revision of Section 107 — BNSF Railway January 2012 lip Revision of Section 107 — Performance of Safety Critical Work January 2012 12P-13P • Revision of Section 108 — Prosecution and Progress January 2012 14P-18P Revision of Section 206 — Structure Backfill Material January 2012 19P Revision of Section 207 — Topsoil January 2012 20P Revision of Section 208 — Erosion Control January 2012 21P Revision of Section 209 — Dust Palliatives January 2012 22P Revision of Section 211 — Dewatering January 2012 23P-24P Revision of Section 216 — Soil Retention Blanket (Straw/Coconut) January 2012 25P Revision of Section 304 — Aggregate Base Course January 2012 26P Revision of Section 514 — Railing January 2012 27P Revision of Section 515 — Waterproofing Membrane January 2012 28P Revision of Section 603 — Concrete 3-Sided Culvert (Precast) and Concrete January 2012 29P-35P 3-Sided Culvert Base Slab (Precast) Revision of Section 604 - Manholes, Inlets, and Meter Vaults January 2012 36P Revision of Section 607 — Fence Chain Link Special January 2012 3 7 P Revision of Section 61') — Lighting January 2012 38P Revision of Section 614 — Traffic Control Devices January 2012 39P Revision of Section 618 — Prestressed Concrete January 2012 40P Revision of Section 630 — Construction Zone Traffic Control January 2012 41 P Revision of Section 715 — Lighting and Electrical Materials January 2012 42-44P Force Account Items January 2012 45P Utilities January 2012 46P BNSF Railway Requirements January 20t2 47P-123P 1P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 CITY OF FORT COLLINS STANDARD SPECIAL PROVISIONS January 2012 Date Pages Revision of Section 103 - Escrow of Proposal Documentation (May 5, 2011) 2 Revision of Section 105 - Disputes and Claims for Contract Administration (October 27, 2011) 21 Revision of Section 105 - Violation of Working Time Limitation (February 3, 2011) 1 Revision of Section 106 - Certificates of Compliance and Certified Test (February 3, 2011) 1 Reports Revision of Section 107 - Responsibility for Damage Claims, Insurance Types, (February 3, 2011) l and Coverage Limits Revision of Section 107 and 208 - Water Quality Control, Under One Acre of (February 3, 2011) 3 Disturbance Revision of Section 108 - Critical Path Method (August 19, 2011) 1 Revision of Section 109 - Compensation for Compensable Delays (May 5, 2011) I Revision of Section 109 - Fuel Cost Adjustment (February 3, 2011) 2 Revision of Section 109 - Measurement of Quantities (February 3, 2011) 1 Revision of Section 203 - Imported Material for Embankment (February 3, 201 1) 2 Revision of Section 206 and 601 - Backfilling Structures that Support Lateral (July 29, 2011) 1 Earth Pressures Revision of Section 412 - Portland Cement Concrete Pavement Finishing (February 3, 2011) 1 • Revision of Section 601 Revision of Section 601 - Concrete Batching - Concrete Finishing (February 3, 2011) (February 3, 2011) 1 1 Revision of Section 601 - Concrete Form and Falsework Removal (July 29, 2011) 2 Revision of Section 601 - Concrete Slump Acceptance (July 29, 2011) 1 Revision of Section 624 - Culvert and Sewer Pipe (February 3, 2011) 1 Revision of Section 630 - Construction Zone Traffic Control (February 3, 201 1) 1 Revision of Section 702 - Hot Poured Joint and Crack Sealant (Sept. 29, 201 1) 1 Revision of Section 703 - Concrete Aggregate (July 29, 201 1) 1 Revision of Section 712 - Geotextiles (February 3, 201 1) 1 Revision of Section 712 - Water for Mixing or Curing Concrete (February 3, 201 1) 1 Affirmative Action Requirements - Equal Employment Opportunity (February 3, 2011) 10 Minimum Wages Colorado, U.S. Department of Labor General Decision (January 6, 2012) 56 Number CO100016 thru CO100024, MOD 2, Highway Construction Statewide Disadvantaged Business Enterprise - Definitions and Requirements (February 3, 201 1) 14 On the Job Training (July 29, 2011) 3 Partnering Program (February 3, 2011) 1 Railroad Insurance (February 3, 201 1) 1 Required Contract Provisions - Federal -Aid Construction Contracts (February 3, 201 1) 10 • fir PROJECT SPECIAL PROVISIONS 61 0 • • COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 NOTICE TO BIDDERS January 2012 Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details with an authorized City representative. Prospective bidders shall contact one of the following listed authorized City representatives at least 12 hours in advance of the time they wish to review the project. Project Manager: Jin Wang, P.E. Engineering Department City of Fort Collins 281 North College Avenue Fort Collins, CO 80522-0580 Senior Buyer: John Stephen Purchasing Department City of Fort Collins Phone: (970) 416-2292 Fax: (970) 221-6378 email: jwang@fcgov.com fcgov.com Phone: (970) 221-6777 Fax: (970) 221-6707 email: jstephen@fcgov.com The above referenced individuals are the only representatives of the City with authority to provide any information, clarification or interpretation regarding the plans, specifications, and any other contract documents or requirements. Questions received from bidders along with City responses will be posted as an addendum online at the City of Fort Collins Buy Speed Webpage, www.fcgov.com/eprocurement as they become available. All questions shall be directed to the City contacts listed above no later than 7:00 A.M. one week prior to the bid opening. Questions and answers shall be used for reference only and shall not be considered part of the Contract. Where reference is made in the plans and specifications to Owner, Department, Chief Engineer, Resident Engineer, Project Engineer, Engineer, and Inspection and Testing Agency it is understood to mean the City of Fort Collins, Colorado, representative. fir COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 CO.NIMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract by the City in the "Notice to Proceed." The Contractor shall complete all work in accordance with the Contract. Work within the BNSF Railway right-of-way shall be limited to 7 days in July 2012. The Contractor shall complete all work within 180 calendar days in accordance with the "Notice to Proceed". Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Contractor's progress schedule may be a bar chart type schedule. Salient features to be shown on the Contractor's Progress Schedule are: 1. Construction Traffic Control 2. Clearing and Grubbing 3. Removals 4. Erosion Control 5. Storm Sewer System 6. Utility Relocations 7. Precast 3-Sided Culverts and Base Slab Design and Plan Submittals • 8. Coordination with the BNSF Railroad 9. Structure Excavation and Backfill 10. Precast 3-Sided Culverts and Base Slab Installation It. Concrete 12. Sidewalk 13. Waterproofing Barrier 14. Lighting and Electrical Wiring 15. Cleanup and punch list 16. Seeding (Work to be done under Substantial Completion)(No time charge) Subsection 108.07 shall include the following: Time will not be charged during the months of December, January, February or March. This time is defined as free time and work may continue if conditions permit. Work during this period will be approved by the Engineer after taking into account the type of work, weather conditions, quality of work given the site conditions, and safety of the travelling public. All costs incidental to working during this period shall be included in the original contract prices for the project, including but not limited to, traffic control, BMP maintenance, temperature control maintenance, and roadway surface maintenance. 0 4P �UXoyf[o . o l i full BID FORM • f.J 0 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 CONTRACT GOAL (COMBINED) January 2012 The Department has determined that Underutilized Disadvantaged Business Enterprises (UDBEs) will participate by contracting for a part of the work of this Contract. The contract goal for participation in this Contract by certified DBEs who have been determined to be underutilized has been established as follows: UDBE& 9.5 Percent The percentage will be calculated from proposals received for this project according to the following formula: *Dollar amount of work to be contracted to underutilized DBEs (UDBEs) Percentage= 100 X--------------------------------------------------------------------------------------------- Total dollar amount of the original Contract * Based on DBE contract unit prices rather than prime contract unit prices. s All DBEs will be considered to be UDBEs. NOTE: Specific Good Faith Efforts required to meet the Contract Goal specified above are defined in the Standard Special Provisions. In addition, the Transportation Commission has determined an overall 12.69% annual goal for the participation of all DBEs. 5P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 L1 ON THE JOB TRAINING CONTRACT GOAL The Department has determined that On -the -Job Training shall be provided to trainees with the goal of developing full journey workers in the types of trade or classification involved. The contract goal for On -the -Job Trainees working in an approved training plan in this Contract has been established as follows: Minimum number of total On -the -Job training hours required 320 hours EJ E 1:Q E • COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 REVISION OF SECTION 101 DEFINITION OF TERMS Section 101 of the Standard Specifications is hereby revised for this project as follows: Subsections 101.10 CDOT Resident Engineer 101.28 Department, 101.29 Engineer, and 101.76 State January 2012 shall be defined as the City of Fort Collins, acting directly or through its duly authorized representative or agent. 7P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 • REVISION OF SECTION 102 PROJECT PLAYS AND OTHER DATA Section 102 of the Standard Specifications is hereby revised for this project as follows: Subsection 102.05 shall include the following: Contract Documents and supporting information will be available for review until the date set for opening of bids at the following locations: 1. Online at the City of Fort Collins Buy Speed Webpage, www.fcgov.com/eprocurement 2. City of Fort Collins Purchasing Department, 215 N. Mason Street, 2nd Floor, Fort Collins, Colorado 30524 The following supporting information is available: • Geotechnical Engineering Report • Drainage Report • City's Survey After the proposals have been opened, the low responsible bidder may obtain from the City, at no cost: 2 sets of I IX17 plans and special provisions; and if available for the project, one set of full-size cross sections, one set of full-size major structure plan sheets, and one set of computer output data. If the low bidder has not picked up the plans and other available data by 4:30 p.m. on the second Friday after bid opening, they will be sent to the Resident Engineer in charge of the project. Additional sets of plans and other available data may be purchased on a cash sale basis from the City at current reproduction prices. Subcontractors and suppliers may obtain plans and other data from the successful bidder or they may purchase copies on a cash sale basis from the City at current reproduction prices. EM s L] r� COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 REVISION OF SECTIONS 105 CLAIMS FOR CONTRACT ADJUSTMENT Sections 105 of the Standard Specifications are hereby revised for this project as follows: In subsection 105.22, shall be revised as follows: January 2012 The Colorado Department of Transportation will not participate in the resolution for any claims filed by the contractor. P9' COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 0 REVISION OF SECTION 107 INSURANCE Section 107.18 is hereby revised to read: For this project all insurance certificates shall name Fort Collins, the Colorado Department of Transportation, and the BNSF Railway as an additionally insured party. • • 10P L COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 REVISION OF SECTION 107 BNSF RAILWAY Section 107 of the Standard Specifications is hereby revised as follows: Add the following to subsection t07.08 Railroad -Highway Provisions: January 2012 The BNSF Railway will shut down rail traffic for 7 days. The shut down is related to another project in the area and their agreement with the BNSF Railway. Currently, this shut down period is tentatively scheduled for the end of July 2012. The exact period of shut down has not been confirmed as of the date of this document. Any delay caused by changes to the scheduled shut down period shall be considered a noncompensable delay and subsection 108.08 (c)1.B shall apply. The Contractor may be entitled to an extension of contract time but no additional monetary compensation. The contact time allowed will be determined by the Engineer in accordance with Section 109. During the 7 day shut down period, the BNSF Railway will use the first day to remove ballast, ties, and track and the 7'h day to replace the ballast, ties, and track. The Contractor will have access to the BNSF property for the remaining 5 days to excavate, prepare subgrade, place the precast concrete 3-sided culvert and base slab, apply waterproofing, and backfill. • The Contractor is responsible for any damages to the BNSF Railway arising from any unscheduled delay to a freight or passenger train which affects the Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Delay charges will be billed directly from the BNSF Railway. • See section BNSF Railway Requirements for further requirements. 11P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 • 1 REVISION OF SECTION 107 PERFORMANCE OF SAFETY CRITICAL WORK Section t07 of the Standard Specifications is hereby revised as follows: Add subsection 107.061 immediately following subsection t07.06 as follows: 107.061 Performance of Safety Critical Work. The following work elements are considered safety critical work for this project: (1) Working within the BNSF Railroad right-of-way. (2) Work requiring the use of cranes or other lifting equipment. Also when construction materials are being lifted that may fall onto active traffic lanes or the BNSF Railway minimum construction clearance envelope. (3) Temporary works: falsework and shoring that exceeds 5 feet in height. The Contractor shall submit, for record purposes only, an initial detailed construction plan that addresses safe construction of each of the safety critical elements. When the specifications already require an erection plan or a bridge removal plan, it shall be included as a part of this plan. The detailed construction plan shall be submitted two weeks prior to the safety critical element conference described below. The construction plan shall be stamped "Approved for Construction" and signed by the Contractor. The construction plan will not be approved by the Engineer. The Construction Plan shall include the following: . (1) Safety critical element(s) for which the plan is being prepared. (2) Contractor or subcontractor responsible for the plan preparation and the work. (3) Schedule, procedures, equipment, and sequence of operations, that comply with the working hour limitations. (4) Temporary works required: falsework, bracing, shoring, etc. (5) Additional actions that will be taken to ensure that the work will be performed safely. (6) Names and qualifications of workers who will be in responsible charge of the work: A. Years of experience performing similar work B. Training taken in performing similar work C. Certifications earned in performing similar work (7) Names and qualifications of workers operating cranes or other lifting equipment A. Years of experience performing similar work B. Training taken in performing similar work C. Certifications earned in performing similar work (8) The construction plan shall address how the Contractor will handle contingencies such as: A. Unplanned events (storms, traffic accidents, etc.) B. Structural elements that don't fit or line up C. Work that cannot be completed in time for the railroad to be reopened to traffic (see Revision of Section 107 BNSF Railway and BNSF Railway Requirements) D. Replacement of workers who don't perform the work safely E. Equipment failure F. Other potential difficulties inherent in the type of work being perforned (9) Name and qualifications of Contractor's person designated to determine and notify the Engineer in writing when it is safe to open a route to traffic after it has been closed for safety critical work. • 12P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 2 REVISION OF SECTION 107 PERFORMANCE OF SAFETY CRITICAL WORK (10) Erection plan or bridge removal plan when submitted as required elsewhere by the specifications. Plan requirements that overlap with above requirements may be submitted only once. A safety critical element conference shall be held two weeks prior to beginning construction on each safety critical element. The Engineer, the Contractor, the safety critical element subcontractors, and the Contractor's Engineer shall attend the conference. Required pre -erection conferences or bridge removal conferences may be included as a part of this conference. After the safety critical element conference, and prior to beginning work on the safety critical element, the Contractor shall submit a final construction plan to the Engineer for record purposes only. The Contractor's Engineer shall sign and seal temporary works, such as falsework, shoring etc., related to construction plans for the safety critical elements, (1) Working within the BNSF Railroad right-of-way, (2) Work requiring the use of cranes or other lifting equipment and (3) Temporary Works. The final construction plan shall be stamped "Approved for Construction" and signed by the Contractor. The Contractor shall perform safety critical work only when the Engineer is on the project site. The Contractor's Engineer shall be on site to inspect and provide written approval of safety critical work for which he provided . signed and sealed construction details. Unless otherwise directed or approved, the Contractor's Engineer need not be on site during the actual performance of safety critical work, but shall be present to conduct inspection for written approval of the safety critical work. • When ordered by the Engineer, the Contractor shall immediately stop safety critical work that is being performed in an unsafe manner or will result in an unsafe situation for the traveling public. Prior to stopping work, the Contractor shall make the situation safe for work stoppage. The Contractor shall submit an acceptable plan to correct the unsafe process before the Engineer will authorize resumption of the work. When ordered by the Engineer, the Contractor shall remove workers from the project that are performing the safety critical work in a manner that creates an unsafe situation for the public in accordance with subsection 108.05. Should an unplanned event occur or the safety critical operation deviate from the submitted plan, the Contractor shall immediately cease operations on the safety critical element, except for performing any work necessary to ensure worksite safety, and provide proper protection of the work and the traveling public. If the Contractor intends to modify the submitted plan, he shall submit a revised plan to the Engineer prior to resuming operations. All costs associated with the preparation and implementation of each safety critical element construction plan will not be measured and paid for separately, but shall be included in the work. Nothing in the section shall be construed to relieve the Contractor from ultimate liability for unsafe or negligent acts or to be a waiver of the Colorado Governmental Immunity Act on behalf of the Department. All costs associated with the preparation and implementation of each safety critical work element construction plan and meeting will not be measured or paid for separately, but shall be included in the work. 13P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 1 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.03 shall include the following: Project Meetings A. Pre -Construction Conference: A Pre -Construction Conference will be held after Notice of Award and before the Notice to Proceed. The date, time and location will be determined after Notice of Award. The conference shall be attended by: 1. Contractor and Contractor's Superintendent a. Contractor shall designate/introduce Superintendent b. At this time the Superintendent will be expected to show that he has sufficient knowledge of the specifications and plans to orchestrate and coordinate the construction activities for this job. 2. Contractor's Subcontractors (including the Traffic Control Supervisor and Surveyor) a. Contractor shall designate/introduce major Subcontractor's supervisors assigned to the project 3. Engineer 4. Owner 5. Utility Companies a. Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedule 6. Others as requested by the Contractor, Owner, or Engineer. Unless previously submitted to the Owner, the Contractor shall bring to the conference a tentative schedule of the construction project. Shop drawings and other submittals shall be included in the schedule. Any submittals requiring long lead times and therefore must be expedited shall be submitted at the pre - construction conference, or as soon thereafter as possible. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The agenda will include: 1. Contractor's tentative Schedule a. The Contractor shall submit a detailed project schedule showing milestones and the critical path for the North College Improvements Project — Vine to Conifer. This schedule shall be agreed to by both the Owner and Contractor. It shall be made in writing and signed by both parties. 2. Pen -nit applications and submittals, including Dewatering Pen -nit, Erosion and Sediment Control Plan, and Traffic Control Plan 3. Transmittal, review and distribution of Contractor's submittals 4. Processing applications for payment 5. Maintaining record documents 6. Field decision and change orders 7. Use of premises, office and storage areas, staging area, security, housekeeping, and Owner's needs S. Proposed daily construction hours for the Engineer's approval 9. Designation of access roads and parking • 10. Contractors assignment of safety and first aid 14P 0 SECTION 00300 BID FORM PROJECT: 7338 Troutman Parkway Grade Separated Crossing Place Z Is N. Mgoav aT FT lacc7Ky� !° Date 3 /h /z In compliance with your Invitation to Bid dated Fed 3 , 20?z and subject_"a conditions thereof, the undersigned Si �ZK�Tu2rs� K� Corporation Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) aut onzed 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 S °"/o o a TOr<K. ($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds are as follows: wESTrRN SKR2rry /637S P42i= AAC400.5 DQ. t1-ra&raN co 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. T!•- undersigned Bidder hereby acknowledges receipt of Addenda No. j through 3 • Rev 10/20/07 Section 00300 Page 1 0 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 2 REVISION OF SECTION 108 PROSECUTION AND PROGRESS January 2012 B. Construction Progress Meetings for the Troutman Underpass Project: Progress meetings will be conducted weekly or at some other frequency, if approved by the Engineer. These meetings shall be attended by the Owner, the Engineer, the Contractor's representative and any others invited by these people. The Engineer will conduct the meeting and the Engineer will arrange for keeping the minutes and distributing the minutes to all persons in attendance. The agenda of these project meetings will include construction progress, the status of submittal reviews, and the status of information requests, critical work sequencing, review of strategies for connections into existing facilities, status of field orders and change orders, and any general business. The Contractor will prepare a "two week look ahead" schedule to facilitate coordination of work items. The schedule shall be monitored closely during construction and may be updated by written agreement of the parties as changes occur in the project progress. If the milestones are not met, the Owner may utilize the remedies provided in the General Conditions as well as any other remedy provided by the Contract Documents or provided by law or equity. The Owner may also assess liquidated damages as outlined in Article 3, Section 3.2 of the Agreement. • The Engineer or Engineer's Field 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. • C. The Engineer may hold coordination conferences, to be attended by all parties involved, when the Contractor's operations affect, or are affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. Construction Schedules 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. 15P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 0 3 REVISION OF SECTION 108 PROSECUTION AND PROGRESS B. Format and Submissions 1. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. 2. Submit two copies of each schedule to Owner for review. a) Owner will return one copy to contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. b) The Contractor will be required to submit a weekly progress schedule showing work to be completed, labor, equipment, work hours and methods of construction for the upcoming week. This schedule will be required every Thursday in a daily calendar format. 3. The schedule must show how the street, underground utilities, concrete, and paving work will be coordinated. C. Content 1. Construction Progress Schedule a) Show the complete work sequence of construction by activity and location. b) Show changes to traffic control c) Show project milestones 2. Equipment, Materials and Submittals Schedule a) Show delivery status of critical and major items of equipment and materials • b) Include a critical path schedule for Shop Drawings, tests, and other submittal requirements for equipment and materials. D. Owner's Responsibility 1. Owner's review is only for the purpose of checking confonmity with the Contract Documents and assisting the Contractor in coordinating the Work with the needs of the Project. 2. It is not to be construed as relieving contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction. Modifications to Time of Completion in the Approved Schedule The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date specified in the Notice to Proceed. The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the climatic and other factors prevailing in the locality of the work. Every effort shall be made by the Contractor to complete the project within the "Contract Time" shown in the proposal. The "Contract Time" anticipates "Normal" weather and climate conditions in and around the vicinity of the Project site during the times of year that the construction will be carried out. Extensions of time based upon weather conditions shall be granted only if the Contractor demonstrates clearly that such conditions were "unusually severe," would not have been reasonably anticipated, and that such conditions adversely affected the Contractor's work and thus required additional time to complete the work. • ini9 E • COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 4 REVISION OF SECTION 108 PROSECUTION AND PROGRESS January 2012 The following specifies the procedure for the determination of time extensions for unusually severe weather. The listing below defines the anticipated number- of calendar days lost to adverse weather for each month and is based upon National Oceanic and Atmospheric Administration (NOAA) or similar data for the geographic location of the project. Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC (7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereoj) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days and the impact of adverse weather days that delay the work will be recorded on a day-to-day basis. It is assumed that the work will be carried out Mondays through Fridays (holidays accepted) unless an approved construction schedule or written authorization from the Owner indicates otherwise. The number of days of delayed work due to adverse weather or the impact thereof will then be compared to the monthly adverse weather schedule above. An actual adverse weather day must prevent work for 50 percent or more of the Contractor's workday, delay work critical to the timely completion of the project, and be documented by the Contractor. The City Representative observing the construction shall determine on a daily basis whether or not work- can proceed or if work is delayed due to adverse weather or the effects thereof. The Contractor shall notify the Engineer in writing of any disagreement as to whether or not work can proceed on a given date, within 2 calendar days of that date. The Owner will use the above written notification in determining the number of working days for which work was delayed dro•ing each month. At the end of each month, if the number of working days for which work was delayed due to adverse weather exceeds that shown in the above schedule, a Change Order will be executed which increases the Contract Time. The number of work days delayed due to adverse weather or the impact thereof will then be converted to Calendar Days based on the contract completion day and date. This conversion assumes a 5-day work week, Mondays through Fridays, holidays excepted; should the Contractor have authorization to work weekends and/or holidays, and then the method of conversion of workdays to calendar days would take this into consideration. The contract time period will then be increased by the number of calendar days calculated above and a new contract completion day and date will be set. The Contractor's schedule must reflect the above -anticipated adverse weather delays on all weather -dependent activities. While extensions of time shall be granted for "unusually severe" weather or climate conditions, the Owner shall make no monetary compensation for any costs to the Contractor arising out of such delays. The Contractor shall comply with the portions of the Contract Documents relating to his project schedule and amendments thereto which result from the "unusually severe" weather condition. Breakdowns in equipment or lack of performance by the Contractor will not be considered justification for an extension of time. Liquidated damages will be assessed as delineated elsewhere. 17P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 • 5 REVISION OF SECTION 108 PROSECUTION AND PROGRESS The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the Conti -actor has promptly given written notice of such delay to the Owner or Engineer. To any preference, priority, or allocation order duly issued by the Owner. 2. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnonnal and unforeseeable weather as provided above. 3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1 and 2, above. Work Hours: Standard work hours are 7 AM to 6 PM, Monday through Friday. No work shall be permitted on weekends or holidays without written approval from the Project Manager. Work requests beyond normal working hours must be submitted to the Project Manager a minimum of (5) working days prior to the request date. See section Revision of Section 107 BNSF Railway and section BrUSF Railway Requirements for additional requirements. • 18P 0 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 REVISION OF SECTION 206 STRUCTURE BACKFILL MATERIAL Section 206 of the Standard Specifications is hereby revised for this project as follows: In subsection 206.01, replace the second paragraph with the following: All excavation and backfill on this project shall be included under this item. In subsection 206.01, add the following: January 2012 High ground water may be encountered on this project. Dewatering shall be included in the work for Revision of Section 211 Dewatering. In subsection 206.03, add the following: Excess material excavated on this project shall be considered salvable material and shall remain the property of the City of Fort Collins. The Contractor shall haul and stockpile the material to the City of Fort Collins' storage site on the east side of Turnberry Road, just north of Country Club Road. In subsection 206.06, add the following: The quantity for Structure Backfill (Class 1) will not be measured, but will be the quantity designated in the Contract, unless field changes are ordered. If field changes are ordered, the quantities will be calculated using the revised dimensions and the additional volume of material shall be approved in writing by the Engineer prior to beginning the work. No allowances shall be made for shrinkage, swell, subsidence due to compaction of the existing ground or any other losses. Haul and stockpiling of salvable material will not be measured and paid for separately but shall be included in the work. 19P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 REVISION OF SECTION 207 TOPSOIL Section 207 of the Standard Specifications is hereby revised for this project as follows: Subsection 207.02 shall include the following: The source of topsoil for this project is undesignated, but the Contractor shall ensure that the source location and the area, which is to be used to store topsoil, shall be free of noxious weeds. Failure will result in the rejection of this topsoil. The imported topsoil is subject to approval by the Engineer before use. At least 30 days before hauling soil to the site, the Contractor shall supply a sample of the topsoil to Colorado State University Soil Testing Laboratory for analysis. The Contractor shall contact the Engineer to inspect and approve this area and the area where the topsoil shall be stored. A Certificate of Compliance from the University shall be provided to the Engineer to verify the organic matter content, PH, sodium absorption ratio, electrical conductivity and nutrient requirements. Contractor supplied topsoil shall meet the following criteria: Property PH Sodium Absorption Ratio Salts (electrical conductivity) Organic matter Min. Value Max. Value 6.5 7.3 - 10.0 4.0 mmhos/cm 3% 10% Topsoil shall contain the following minimum ammonium DTPA (chelate) extractable nutrients the extracting solution used by CSU Soil Testing Laboratory: Nitrogen 5 ppm Air dried Basis Phosphorous 5 ppm Potassium 30 ppm Iron (Fe) 5 ppm Subsection 207.05 shall include the following: The addition of manure or soil amendments needed to bring the topsoil into conformance with the specifications will not be measured and paid for separately, but shall be included in the work. Stockpile topsoil will not be measured and paid for separately, but shall be included in the work. Soil testing will not be measured and paid for separately, but shall be included in the work. Pay Item Pay Unit Topsoil (Complete In Place) Cubic Yard (CY) II' 0 0 9 0 COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 REVISION OF SECTION 208 EROSION CONTROL Subsection 208.12 shall include the following: Removal and Disposal of Sediment will not be measured and paid for separately, but shall be included in the work 21P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 REVISION OF SECTION 209 DUST PALLIATIVES Section 209 of the Standard Specifications is hereby revised for this project as follows: In subsection 209.07, replace this subsection in its entirety with `Dust Palliatives (water) will not be paid for separately but shall be included in the work." In subsection 209.08, delete the second paragraph. 22P • i 0 • P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 1 REVISION OF SECTION 211 DEWATERING Section 211 is hereby added to the Standard Specifications for this project as follows: DESCRIPTION 211.01 This work consists of dewatering to facilitate construction activities. CONSTRUCTION REQUIREMENTS January 2012 211.02 The Contractor is advised that groundwater within the project limits may require dewatering. The Contractor is advised to limit pumping of groundwater in all project excavations, by careful scheduling, expediting the work and use of conscientious construction methods. The Contractor shall conform to all applicable State and City of Fort Collins requirements. Permitting, removal, sample collection, analytical testing, containerization, transportation, and disposal or treatment of all contaminated groundwater will be in accordance with Section 107.25 Water Quality Control and as described in Section 250 Environmental, Health and Safety Management. The Contractor shall: (1) Minimize the disturbance of contaminated groundwater by avoidance. (2) Limit intrusion of groundwater into excavations. The Contractor shall obtain the appropriate Colorado Discharge Permit System (CDPS) general permit for management of groundwater from CDPHE Water Quality Control Division, as determined necessary. A completed application must be submitted to CDPHE at least four weeks prior to dewatering operations. The Contractor shall measure the rate of groundwater discharge during the dewatering using an inline flow device capable of measuring slow rates with an accuracy of plus or minus five (5) gallons per minute. The Contractor shall record the rate of discharge daily and shall submit a discharge report to the Engineer weekly or as approved by the Engineer. The Contractor shall submit a Dewatering Plan to the Engineer at least four (4) weeks prior to the proposed start of dewatering operations. This Plan shall detail the Contractor's method of dewatering for all major excavations including caisson construction. The Dewatering Plan shall be stamped "Approved for Construction' and signed by the Contractor. The Dewatering Plan will not be approved by the Engineer. The Engineer will review the Dewatering Plan and issue a written acceptance letter or request for changes within two (2) weeks of receiving the Plan. If changes are requested the Contractor shall update the Plan and resubmit it to the Engineer within one (1) week after receiving the request for changes. The Engineer's written acceptance of the Dewatering Plan is required before construction. 23P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 • 2 REVISION OF SECTION 211 DEWATERING The Dewatering Plan shall provide complete details of the Contractor's method for construction dewatering including: (1) Copies of all permits required for dewatering, treatment of and (or) disposing of water. (2) If applicable, copies of agreements for disposing of water in storm sewers, sanitary sewers etc. (3) Method and details for minimizing dewatering in excavations and during caisson construction. (4) Method of measuring groundwater discharge. (5) Equipment descriptions including size, number, type, capacity, and location of equipment during dewatering operations. (6) Methods of testing groundwater to determine appropriate disposal. (7) Detailed methods for disposal of water. (8) If applicable, name of facility where contaminated water is to be delivered to. BASIS OF PAYMENT 211.03 Payment for all work for Dewatering including preparation of the Dewatering Plan and all work for Section 250 will not be measured and paid for separately but shall be included in the work. Permitting, removal, sample collection, analytical testing, containerization, transportation, and disposal or treatment of all contaminated groundwater will not be paid for separately but shall be included in the work. Payment will be made under: 40 Pay Item Pay Unit Dewatering Lump Sum MIZ 0 ITEM ITEM NO ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE i TOTAL I 201 Clearing ant Grubbing LS I 53,360.00 53,360.00 2 202 Removal of Asphalt Mat (Planning) SY J 883 $5.f4 S4,538.62 3 I 202 Removal of Fence LF- I 26 $1.251 S32.50 4 5 202 203 Removal at Sidewalk Muck Excavation LF CV 208 422 $6.20I I 558.00 $1.289.60 $24 47G00 6 1 206 Structure Excavation CV 7441 I 521.40I 5159,237.40 7 I 206 Structure eacklill(Class l) CY 4 3.399 1 $34.00I $115.566.00I 8 I 206 (Shoring (Area 1) LS I 1 1 $23.540,001 $23.540.00I 9 I 207 I Topsoil (Strip and Haul) CY 1 515 I $14.00I $7 210.00�II t0 I 207 !Topsoil CV I 215 I S23.00I 54,945.OIA 11 208 Silt Fence LF 372 1 $1.06I 5394.32I 12 I 206 (Concrete Washout Structure EA I $583.00I $583.00I 13 I 200 (Erosion Comml Supervisor _ _ HR 30 I $42.50 $1,275.00I 14 1 208 Erosion Log IT 150 1 $3.75 5562.50 I 15 1 208 (Storm Intel Protection EA t I 5211.00I $211.00I I 16 I 200 (Vehicle Tracking Pad EA t I $1,537,001 31,537.00I 17 I 210 (Reset Fence LF 210 I $13.40 $2,814.00I 10 1 217 Dewatering LS t 539.277,00 $39,277.00 19 212 Seeding (Native) ACRE 0.4 $615.00 S246.00 I 20 I 213 Mulching (Weer Free) ACRE 0.4 $689.001 5275.G0 I 21 I 216 (Sal Retention Blanket (Suave/Coconut) SY I 413 I 52.30I $949.90I I 22 I 304 (Aggregate Base Course (Class 6) I TON I 1GB I Stz00 52,856OOI I 23 I 506 IRiprap Outlet Protection I CY I 1.4 I 3174.00 $243.60I 24 1 507 Slopeand Ditch Paving CY I 8 I $325.00 52,600.20 25 514 Pedesvian and Bikeway Railing Type LF 454 S72.00I $32,688.00 213 514 Pedestrian ant Bikeway Railing (Site Mounteq - Type 2 LF 516 $47.00 $24.252.00 27 28 514 514 IPerlesrian and Bikeway Railing(Too Mountel) - Type 3a _ Pedestrian Railing (Side Mounle/)-Type4 I LF LF I _ 217 68 $95.00I 590.00 $20.615.00 aG, I2m nn I29 I 514 IPedesrian Railing (Top Mounterq Type 3b I LF- 68 I $38.00 $2.584.00 30 1 515 j3ptayeg on Bridge Deck Membrane I SY 587 I 587.00 $51.069,00 3l I 515 IWaterprooling(Membrane) I SY 193 $26.00 $5,018.00 32 _ j 601 Concrete Class D (Wall) CY 790 $386.00, $308.028.00 I 33 I 601 (Concrete Class 0(Box) I CY 43 $344.00 S14,792.00I I 34 I Got CConcreie pass 0(Miscellaneous) I CY 78 I $600.00 546,800.00I I 35 I GOt IStrucwml Concrete Coating I Sy 1,401 1 513.00 518,213.00 36 I 602 ReinlorcinS Steel (Epoxy Coated LB 98.480 I $1.02I $100,449.GOI 37 1 G03 24x9.751-ootConcrele3 Silel Culvert(Precasp(ARENA) I I-F 75 $2.904.00 $217.800.00 I 30 I .603 1244.75 Foot Concrete 3Si4el Culvert Base Slab (Precast) (ARENA) LF 75 I $2,G28 OOI $197,100.00I I 39 I 603 I24x9.75 Foot Concrete 3 Silel Culvert (Precast) (AASHTO) I LF 35.25 _I $2,438.00 $85.939,50 I n0 M I24x975 Foot Concrete 3 Sided Culvert Base Slab (Precast) (AASI ITO) F 35.25 I $1.723.00 S60,735.75 I41 I Fi03 115 mch Remforeel Concrete Pipe (Class V) I LF 145 I 563.00 $9.135.00I I 42 I 604 (Trench Drain t (81nch) LF 23 I S118.00 52,714O0I I 43 I 604 (Trench Drain 2(12 Inch) LF 245 I $104.00I $25,480.00I I 44 I 604 ITrench Drain 3 (e Inch) LF 23 I $118.00I $2,714.00I Basin (2n' x 2n') EA 1 S7G5.00 S7G5.00 �604 ole Slab Base (20 Foot) EA 2 $4.17500 $8.350.00 47 605 4Inch Peelorated Pipe Underlrain LF 395 $7.00 52,765.00 I 40 I 607 IFenee Chain Link (Special) (92 Inch) LF 26 I $113.00I 52.938D01 I 49 I GOB (Concrete Sidewalk(6 Inch) SY 987 I 537.00! 336.519.00I 50 1 613 1/22'Eteclrical Conduit LF 390 $6,00 $2,340.00 St 1 613 1/2' Electrical Commit (Plastic) LF 400 58.50 $3,400.00 I 52 I 613 I1114' Electrical Conduit I LF 130 I $10.601 $1,378.00 I 53 613 11 1/4' Electrical Conduit (Plastic) I LF 440 1 515.00 56.000.00 0 • 0 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 REVISION OF SECTION 216 SOIL RETENTION BLANKET (STRAW/COCONUT) January 2012 Section 216 of the Standard Specifications is hereby revised for this project to include the following: Subsection 216.01 shall include the following: For this project, the term "biodegradable soil retention blanket" is herein used to define any of the products covered under Section 216 and does not include Turf Reinforcement Mat as defined under Revision of Section 420. Delete Subsection 216.02(a) 4 and replace it with the following: Soil Retention Blanket (straw/coconut) shall be a machine produced mat consisting of 70 percent agricultural straw and 30 percent coconut fiber. The blanket shall be of consistent thickness with the straw and coconut fiber evenly distributed over the entire area of the mat. The blanket shall be covered on the top and bottom with 100 percent biodegradable natural organic fiber netting. The mesh size shall be approximately 1.0 to 0.50 inch. Netting shall be constructed using a Leno weave which allows strands of the net to move independently of each other. The blanket shall be sewn together on 1.50 inch centers with biodegradable thread. Material Requirements: Straw Content: 0.35 pounds per square yard Coconut Fiber Content: 0. 15 pounds per square yard Netting: biodegradable organic jute fiber, top and bottom Thread: biodegradable Roll Width: 6.5 to 8.0 feet Roll Length: 108.0 to 112.5 feet Roll Weight: 50.0 to 68.0 pounds A sample of the Soil Retention Blanket (straw/coconut) shall be submitted to the Construction Inspector at least two weeks in advance of planned use on the Project for approval. 25P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for this project as follows: Subsection 304.03 shall include the following: Payment will be made under: Pay Item Pay Unit Aggregate Base Course (Class 6) Ton 26P January 2012 E 9 is u • is COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 REVISION OF SECTION 514 RAILING Section 514 of the Standard Specifications is hereby revised for this project as follows: In subsection 514.08, delete the last paragraph. Subsection 514.05 shall include the following: Payment will be made under: Pay Item Pay Unit Pedestrian and Bikeway Railing - Type 1 Linear Foot Pedestrian and Bikeway Railing (Side Mounted) - Type 2 Linear Foot Pedestrian and Bikeway Railing (Top Mounted) - Type 3a Linear Foot Pedestrian Railing (Top Mounted) - Type 3b Linear Foot Pedestrian and Bikeway Railing (Side Mounted) - Type 4 Linear Foot January 2012 Anchorage assemblies and structural steel elements will not be measured and paid for separately but shall be included in the work. 27P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 • REVISION OF SECTION 515 WATERPROOFING MEMBRANE Section 515 of the Standard Specifications is hereby revised for this project to include the following: Subsection 515.02 shall include the following: An elastomeric polymer spray -applied membrane coating for the bridge deck within the BNSF Railway right-of-way. This membrane shall meet the requirements of ASTM D4541-00, D638-00, D257-99, E96- 00, D638-00 Elongation, and C836-00; and CSA A23.2-613-M94 Standard; AREMA Manual for Engineering (1996) Ballast Impact Test and be on CDOT's Approved Products List. All work shall be performed in accordance with the manufacturer's recommendation. The membrane shall conform to the thickness required on the plans. Subsection 515.06 shall include the following: Elastomeric polymer spray -applied membrane coating shall include all labor, products, and equipment required for the preparation of the concrete deck and application of a seamless coating of the deck. Subsection 515.07 shall include the following: Elastomeric polymer spray -applied membrane will be paid for at the contract unit price for "Sprayed on . Bridge Deck Membrane" per square yard. Pay Item Pay Unit Sprayed on Bridge Deck Membrane Square Yard • 28P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 1 REVISION OF SECTION 603 CONCRETE 3-SIDED CULVERT (PRECAST) AND CONCRETE SLAB FOOTING (PRECAST) Section 603 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION January 2012 This work consists of designing, fabrication, and erection of precast concrete units, hereinafter referred to as Concrete 3-Sided Culvert (Precast) and Concrete 3-Sided Culvert Base Slab (Precast), in accordance with these specifications and in conformity with the plan details. References to Precast Base Slab, Base Slab (Precast), Slab Footing (Precast), or Precast Concrete Footing shall mean "Concrete 3-Sided Culvert Base Slab (Precast)". MATERIALS Concrete. Concrete shall meet the minimum requirements for Concrete Class D, Class S35, or Class S40 in accordance with Section 601 and for Class PS in accordance with Section 618. Reinforcing Steel. Reinforcing steel shall be deformed bars or smooth welded wire fabric in accordance with Subsection 602, Reinforcing Steel. Deformed Welded Wire fabric maybe supplied, at the contractor's option, at no additional cost to the department. Galvanized Welded Wire Fabric shall confonn to AASHTO MI 11. Structural Steel. Structural steel items shall conform to Section 509. Bolts shall be 7/87 unless shown otherwise in the plans. Bolts shall confonn to Subsection 509.07. High strength bolts shall conform to Subsection 509.08. Prestressing Steel. Prestressing Steel shall confonn to Subsection 714.01. CONSTRUCTION Design. Precast elements shall be designed in accordance with the following: For the portion of the structure within the BNSF Railway property, hereafter referred to as the AREMA portion. a. American Railway Engineering and Maintenance -of -Way Association (AREMA) for precast elements within the BNSF Railway property. b. BNSF Railway Standards and Guidelines (2) For the portion of the structure within the Bus Rapid Transit (BRT) Easement, hereafter referred to as the AASHTO portion: a. American Association of State Highway and Transportation Officials (AASHTO LRFD Bridge Design Specifications. b. CDOT Bridge Design Manual. (3) American Welding Society (A.W.S.) Structural Welding Code — Structural Steel AWS D 1. l Structural Welding Code — Reinforcing Steel AWS D 1.4 *A minimum of 5 years of similar welding experience is acceptable Concrete 3-sided culvert (precast) shall consist of an open bottom structure with vertical legs and flat top and headwalls. Footings for the Concrete 3-sided culvert shall be precast and are referred to as Concrete 3-Sided Culvert Base Slab (Precast). Field welding of precast units shall not be permitted. • If the Precaster elects to prestress the top slab of the culvert, work shall conform to Section 618 Prestressed Concrete. Prestressing shall be included in the work. 29P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 0 2 REVISION OF SECTION 603 CONCRETE 3-SIDED CULVERT (PRECAST) AND CONCRETE 3-SIDED CULVERT BASE SLAB (PRECAST) Precast elements that are designed as soil -structure systems shall provide at least two (2) independently verified full scale load tests. This requirement will not apply to precast elements designed as rigid frames. Rating. A Load rating meeting the applicable requirements of the CDOT Rating Manual will be required for the structure within the AASHTO design portion of the structure. All electronic tiles and hand calculations needed for each structure rating shall be submitted with the rating package. Shop Drawings. The Contractor shall submit seven sets of shop drawings and design computations to the engineer for each separate structure. Submittals shall conform to Subsection 105.02. Shop drawings and design calculations shall be signed and sealed by a professional engineer licensed in the state of Colorado. Shop drawings and design calculations shall be submitted to the Engineer within 10 calendar days after notice of low bidder. The calculations and plans for the BNSF Railway portion shall be designed for AREMA loading and shall be approved by the BNSF Railway prior to fabrication. Shop drawings shall include all details dimensions and quantities necessary to construction the culvert, head walls wing walls, and foundations, and shall include, but not be limited to, the following information: a. Structure span and rise. b. Footing details showing all concrete dimensions, elevations, and reinforcing steel with bar size, length, and spacing's indicated. Footing plan and section views shall be provided. The actual soil bearing pressure shall be noted on the footing details sheets. c. Culvert section details. d. Head wall design anchorage details, and computations. Head wall plan, elevation, and section views shall be provided. e. Prestressing submittals in accordance with Section 618. F. Design computations for pedestals, when required. g. Backfill limits and requirements. h. Waterproofing requirements. i. Handling and placement requirements. j. Hydraulic or clearance box equivalency computations, when required. Placement of Reinforcement. Placement of reinforcement in precast bridge units shall be in accordance with ASTM C1504. Laps and Spacing for steel reinforcement in precast bridge units shall be in accordance with ASTM C1504, with the exception that no welding shall be permitted. Curing. Curing shall be in accordance with AASH70 M170. Storage. Precast elements shall be stored in such a manner to prevent cracking or damage. Store elements using adequate supports as appropriate. Units shall not be moved until concrete compressive strength has reached a minimum of 2500 psi. Units shall not be stored in an upright position unless approved by the engineer. Handling. Handling devices shall be permitted in each precast element for the purpose of handling and setting. Spreader beams may be required for lifting of precast concrete bridge elements to preclude damage from bending or torsion forces. 40 KI u COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 3 REVISION OF SECTION 603 CONCRETE 3-SIDED CULVERT (PRECAST) AND CONCRETE 3-SIDED CULVERT BASE SLAB (PRECAST) Each bridge unit shall be clearly marked by a waterproof means with the following information: Bridge Span X Bridge Rise Date of Manufacture Name or trademark of the manufacturer ASTM Product Designation Delivery. Precast concrete elements shall not be shipped until concrete has attained specified design compressive strength, or as directed by the Engineer. Precast concrete elements may be unloaded and placed on the ground at the site until installed. Store elements using timber supports as appropriate. Quality Control/Assurance. The Precaster shall be certified by the National Precast Concrete Association (NPCA) and the prestressing, if used, shall be performed by a firm certified by the Prestressed Concrete Institute (PCI). The precaster shall have a minimum of 5 years experience in the production of 3-sided bridges or have fabricated at least 10 three -sided structures greater of similar length to the plans, and have previous demonstrated experience in designing and providing railroad precast components. The precaster shall maintain a permanent quality control department and employ qualified technicians. Qualifications, Testing and Inspection The Precaster shall employ a Quality Control (QC) unit with an ACI certified employee. In lieu of a QC unit the Precaster may retain the services of a CCRL certified independent inspection and testing agency (throughout the duration of production). The test agency shall issue reports, certified by a licensed engineer, detailing the Precaster's setup, forming, casting and curing operations. The agency shall provide concrete test reports showing CDOT required physical results for plastic concrete properties, and test strength results for specified test ages. The Owner may designate QA fabrication inspection at the fabrication site. Reports and documentation shall be provided to the Engineer upon request. The Precaster shall perform the following tests according to the ASTM standards as listed: Air Content: C231 or C 173 Compressive Strength: C31, C39, C192, C497 Slump: C 143 or Spread Test if using SCC Unit Weight: C 13 8 The precaster shall provide documentation demonstrating compliance with this section if requested by Fort Collins. Fort Collins may place an inspector in the plant when the products covered in this specification are being manufactured. Permissible Variations. Permissible variations shall conform to ASTM C1504. Testing/ Inspection. Testing and inspection shall conform to these specifications and ASTM C1504; see "Physical Requirements" and "Inspection". • Installation assistance. A representative from the manufacturer or the design engineer of record shall be onsite during the installation or the precast bridge units. 31P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 0 4 REVISION OF SECTION 603 CONCRETE 3-SIDED CULVERT (PRECAST) AND CONCRETE 3-SIDED CULVERT BASE SLAB (PRECAST) Installation Preparation. Support areas for bridge units and headwall elements, shall be formed to ensure correct installation of the precast bridge system. Footings; a. Soil sub -grade and compaction shall be performed in accordance to the geotechnical recommendations or the precast manufacturer's recommendations. b. Do not over excavate foundations unless directed by the Engineer to remove unsuitable soil. c. A copy of the geotechnical report will be provided by the Engineer prior to the design of the precast concrete elements. The Contractor's Engineer shall certify in writing that the bearing capacity meets or exceeds the footing design requirements, prior to placement of the footings. d. Concrete footings shall be precast units. The size and elevation of the footings shall meet the design of the Contractor's Engineer but not to exceed the plan dimensions without prior approval. A keyway shall be formed in the top surface of the bridge footing as specified on the plans. e. Footings shall be roughened on top to accept a concrete overlay. f. Footing surfaces shall be constructed in accordance with grades shown on the plans. When tested with a 10-foot straight edge, surfaces shall not vary more than 1/4 inch in 10 feet. g. The contractor shall prepare a 4-inch thick base layer of compacted granular material along the full width of footings prior to placing precast footings. All work and materials for the base layer will not be paid for separately but shall be included in the work. h. Foundations for precast concrete bridge elements must be connected as shown on the plans or as approved by the Engineer to form a monolithic body. Expansion joints shall not be used. Lifting. Crane lifting capacity, crane placement, and safe worksite conditions are the sole responsibility of the Contractor. Lift anchors or holes provided for each unit shall be the only means allowed for lifting precast elements. Elements shall only be supported or raised by procedures listed in approved manuals, erection plans, or drawings approved by the Precaster. Placement of Precast Units. Precast units and headwalls shall be placed as shown on approved plans or drawings. Line and grade shall be checked as often as necessary to meet plan requirements. a. The contractor shall devise an erection and placement method to ensure lateral spreading of bridge elements does not occur. The final clearance between adjacent precast elements shall not exceed that shown on the plans. 11 32P 11 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 5 REVISION OF SECTION 603 CONCRETE 3-SIDED CULVERT (PRECAST) AND CONCRETE 3-SIDED CULVERT BASE SLAB (PRECAST) January 2012 Leveling Pad/ Shims. Bridge units shall be set on polymer or steel shims measuring 6" x 6", minimum, unless shown otherwise on the plans. A minitnutn gap of 1/2 inch shall be provided between the footing and the bottom of vertical legs or bottom of wingwall. The fabricator shall define the shims used in the shop drawings. Grouting. Grout shall have a maximum aggregate size of '/" inch. Minimum 28-day compressive strength shall be 4500 psi. Grouting shall not be performed when temperatures are expected to fall below 40' F for a period of 72 hours after grout placement. A heating system may be used to keep the curing temperature above 40' if pre - approved by the Engineer. Vibrate grout as necessary to ensure that entire key around the bridge element is completely filled. If bridge elements have been set with temporary ties (cables, bars, etc.) grout shall attain a minimum compressive strength of 1500 psi before ties can be removed. Lifting and erection anchor recesses shall be filled with grout prior to backftlling. .Joints. Joints shall be constructed in accordance with ASTM C1504. Sections for flat-topped structures shall be produced with a connection joint as show on the plans. The joint shall be sealed with a grout that attains a • minimum 3000 psi within the time period allowed under Revision of Section 107 BNSF Railway. All butt joints between structure sections shall be covered with a joint wrap conforming to ASTM C877, Type 11. Surfaces shall be free of dirt before joint material is applied. The entire joint shall be continuously covered. Joints between structure sections and retaining walls shall be covered with either the same wrap used between structure sections or with a non -woven Geotextile with a minimum of 1-foot lap on each side of the joint (horizontally). Joint wrap shall be maintained in proper location over joints, and shall not be damaged during backftlling operations. In addition to joints between bridge units, joints between end units and headwalls shall also be sealed as described above. All lift holes shall be primed and covered with a 9" x 9" square of joint wrap. Workmanship/ Finish. Precast units shall be substantially free of fractures. Joints between precast units shall not exceed the dimensions shown on the plans Surface defects larger than I sq. in. and defects deeper than 1 inch, shall be patched with durable non -shrink grout. Rejection. Precast elements may be subject to rejection if any of the following discrepancies exist: Fractures or cracks passing through walls or decks, except for a single end crack that does not exceed one half the thickness of the wall. Defects such as segregation, voids, open texture, or heavy honeycomb indicate that concrete proportioning, mixing, and placement did not comply with specifications. Damaged or spalled ends, where such damage would prevent making a satisfactory joint. 33P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 6 REVISION OF SECTION 603 CONCRETE 3-SIDED CULVERT (PRECAST) AND CONCRETE 3-SIDED CULVERT BASE SLAB (PRECAST) Repairs. Precast elements with significant or major damage may be repaired, if pre -approved by the Engineer. The Contractor shall submit written proposal of repair for approval, prior to starting repair work. Excavation and Backfill. Structure excavation and backfill shall be in accordance with Section 206 and the Project Special Provisions and Standard Special Provisions. Construction equipment weight restrictions: Operating equipment shall not exceed the design load permitted on bridge units unless pre -approved by the Engineer. In the immediate area of the bridge units, the following restrictions for use of heavy construction machinery during backfilling operations apply: a. Construction equipment shall not cross bare precast concrete bridge units. b. If the compacted Fill level is 4 inches minimum over the bridge crown, construction equipment weighing less than 10 tons may cross the bridge. c. If the compacted Fill level is l2 inches minimum over the bridge crown, construction equipment weighing of less than 30 tons may cross the bridge. d. If the compacted fill level has reached design cover, or 2 feet minimum, over the bridge crown, construction equipment within the design load limits for the road may cross the bridge. Monitoring. The contractor shall measure settlements and horizontal displacement of foundation to ensure that they are within the allowable limits as determined by the Precaster (approximately 1 inch). These measurements shall give an indication of settlements and deformations along the length of the foundations. The first measurement row shall take place after erection of all precast bridge system elements; a second measurement after completion of backfilling; and a third measurement before opening the bridge to traffic. Additional measurements may be needed due to local conditions. The maximum difference in vertical displacements 'v' should not exceed 1 inch along the length of one foundation. METHOD OF MEASUREMENT Concrete 3-Sided Culvert (Precast) and Concrete 3-Sided Culvert Base Slab (Precast) will be measured by the the length of the precast structure measured along the center line of the trail, for each type of design required, either AREMA or AASHTO, as shown on the plans complete in place and accepted. Prestressing will not be measured and paid for separately but shall be included in the work. Structure excavation and structure backfill will be measured and paid for separately. i 34P i 54 613 2- Electrical Conduit (Plastic) LF 15 SIS-00 $27000 55 613 3' Electrical Conduit (Plastic) LF 50 $22.25 51. i I2.50 56 613 Wiring LS 1 $3.445.00 53.445.00 57 613 Luminaite (Special) ('A' Type Under -bridge Luminotre) EA 12 5922.00 $11,064.00 58 613 Luminaire (Special) ('B'Type Step Light Luminaire) EA 17 $721.00 $12.257.00 59 613 Light Standard and Luminaire ('C' Type Pedestrian) (1B Fool) EA 4 $2.502.00 $10,OO8.00 60 613 Light Standard and Luminaire 'C I' Type Pedestrian) (18 Foot) EA 1 $2.502.00 52,502.00 61 613 Concrete Foundation Pact EA 1 $567.00 $567.00 62 613 Light Standard Foundation EA 5 $1.092.00 $5.460,00 63 613 Lighting Contra Center EA 1 $7.171.00 $7.171.00 64 620 Sanitary Facility EA 1 S582.00 $582.00 65 626 Moeiliiation LS 1 Ou0 O,0opoo i42:!JB5:00 66 630 Ccns:ruclion Tragic Control I LS 1 $31.402,00 $31 402.00 TOTAL BID .664y5kil"g9 07 � 162.E ADDITIONAL COSTS (FOR PERFORMANCE AND PAYMENT BONDS, AND LOBE GOALS) 67 700 F/A Mini Contract Revisions FA 1 $200,000.00 $200.000.00 68 700 F/A Partnering FA 1 $5.000.00 $5.000.00 69 700 F/A Fuel Cast Adjustment FA 1 $5,000.00 $5,000.0) 70 700 F/A On-The-3oo Trainee FA 1 $960.00 $960.00 71 700 F/A Railroad FA 1 $20.000.00 $20,000.00 72 700 F/A Erosion Control FA 1 $5.000.00 $5.000OO TOTAL ADDITIONAL COSTS $235,960.00 li a,(sy .. AA TOTAL BASE BID 1lTX I IN WORDS: Two `nVw Af.A scu•rn wSO4�c.KwT.Y f..11 -�cwVA �NQZO CFOC1... "'L ter` V1.1KE co, SUBMITTED BY: 3buctures, uw. CONTRACTOR BY: A DATE: AUTHORIZED REPRESENTATIVE PRINTED NAME: Thomas A. Janson ADDRESS: 4l mess Cwn East. Since 250 Enple.coJ. CO 90112 TITLE: President TELEPHONE: (303) 770-7876 EMAIL: bmjackson Ostructuresinc.nel 3/7/2012 S s 0 0 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 7 REVISION OF SECTION 603 CONCRETE 3-SIDED CULVERT (PRECAST) AND CONCRETE 3-SIDED CULVERT BASE SLAB (PRECAST) BASIS OF PAYMENT January 2012 The accepted quantity shall be paid for at the contract unit price for the pay unit listed below. Pay Item Pay Unit 24 x 9.75 Foot Concrete 3-Sided Culvert (Precast) (AREMA) Linear Foot 24 x 9.75 Foot Concrete 3-Sided Culvert Base Slab (Precast) (AREMA) Linear Foot 24 x 9.75 Foot Concrete 3-Sided Culvert (Precast) (AASHTO) Linear Foot 24 x 9.75 Foot Concrete 3-Sided Culvert Base Slab (Precast) (AASHTO) Linear Foot Payment shall be full compensation for all work necessary to complete the item, which shall include design, fabrication, transportation to the bridge site, compacted granular base material, erection and precast foundation components. Structure excavation and structure backfill will be measured and paid for in accordance with Subsection 206. 35P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 El REVISION OF SECTION 604 MANHOLES, INLETS, AND METER VAULTS Section 604 of the Standard Specifications is hereby revised for this project as follows: Subsection 604.01 shall include the following: This work consists of the construction of trench drains and catch basing in accordance with these specifications, and in conformity with the lines and grades shown on the plans or established. Subsection 604.02 shall include the following: A pre -manufactured engineered continuous roadway inlet/trench drain system from CDOT's Pre - Approved Product List for forming cast -in -place concrete surface drainage trenches, catch basins and utility trenches. The system shall be able to accommodate both a fixed built-in slope and a variable slope. The 8 inch wide trench drain system at the west entrance to the underpass shall have a flow capacity of 0.60 cfs at a 1.0% crown slope. The 8 inch wide trench drain system at the east entrance to the underpass shall have a flow capacity of 2.30 cfs with a constant slope as shown on the plans. The 12 inch wide trench drains on the sides of the underpass shall have a flow capacity of 0.60 cfs each with a 0.5% slope. Steel components shall be hot dipped galvanized after fabrication. Heavy duty grates that are heel proof and meet ADA requirements shall be provided. All grates shall • have a locking system with access for maintenance. Subsection 604.06 shall include the following: Trench drains will be measured by the linear foot complete -in -place. Catch basins will be measured by the unit. Inlet grates and frames will not be measured separately but shall be included in the work. Subsection 604.07 shall include the following: Payment will be made under: Pay Item Pay Unit Trench Drain 1 ( 8 Inch) Linear Feet Trench Drain 2 (12 Inch) Linear Feet Trench Drain 3 (8 Inch) Linear Feet Catch Basin (24" x 24") Each Structure excavation and structure backfill will be measured and paid for in accordance with Section 206. Structural Concrete will be measured and paid for in accordance with Section 601. E 36P 1] 0 • COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 REVISION OF SECTION 607 FENCE CHAIN LINK SPECIAL Section 607 of the Standard Specifications is hereby revised for this project as follows: Subsection 607.04 shall include the following: January 2012 Measurement for Fence Chain Link (Special) (92 Inch) will be along the base of the fence from the outside of the end posts and shall include all hardware, concrete, reinforcing steel, and other incidentals to the erection of the fence. Subsection 607.05 shall include the following: Payment will be made under: Pay Item Pay Unit Fence Chain Link (Special) ( 92 Inch ) Linear Foot 37P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 REVISION OF SECTION 613 LIGHTING Subsection 613.12 shall include the following: Payment will be made under: Pay Item 1/2 Inch Electrical Conduit 3/4 Inch Electrical Conduit 3/4 Inch Electrical Conduit (Plastic) 1-1/4 Inch Electrical Conduit (Plastic) 2 Inch Electrical Conduit 3 Inch Electrical Conduit Wiring Luminaire (Special) ("A" Type Under -Bridge Luminaire) Luminaire (Special) ("B" Type Step Light Luminaire) Light Standard And Luminaire ("C" Type Pedestrian) (18 Foot) Light Standard And Luminaire ("C1"Type Pedestrian) (18 Foot) Concrete Foundation Pad Light Standard Foundation Lighting Control Center 38P Pay Unit Linear Feet Linear Feet Linear Feet Linear Feet Linear Feet Linear Feet Lump Sum Each Each Each Each Each Each Each January 2012 n U COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 REVISION OF SECTION 614 TRAFFIC CONTROL DEVICES Section 614 of the Standard Specifications is hereby revised for this project as follows: 614.01 DESCRIPTION Subsection 614.01 is hereby revised to include the following paragraph: January 2012 All steel sign posts and anchors to be steel square tube type perforated sign posts with anchors at proper heights as per current MUTCD Standards. 614.02 MATERIALS Subsection 614.02 is hereby revised to include the following paragraph: Steel square tube type perforated sign posts and anchors shall meet or exceed the following: a. Posts — 2" x 2" square tube, 12 gauge, ASTM designation A570, Grade 50, drilled with 7/16" diameter holes on 1" centers. b. Anchors — 2 %" x 2 %" x 30" tall square tube, 12 gauge, ASTM designation A570, Grade 50, drilled with 7/16" diameter holes on l" centers. c. Coating — all posts and anchors shall be galvanized to ASTM designation A653, G90, Structural . Quality, Grade 50, Class 1. The steel shall also be coated with a chromate conversion coating and a clear organic polymer topcoat. • 614.09 CONSTRUCTION REQUIREMENTS Subsection 614.09 is hereby revised to include the following paragraphs: Steel square tube type perforated sign posts and anchors placed in concrete or asphalt shall be either core drilled with a 4" diameter hole, or a 4" diameter piece of PVC pipe may be placed into the concrete or asphalt full depth and flush with the surface. 614.13 METHOD OF MEASUREMENT Subsection 614.13 is hereby revised to include the following paragraphs: Steel square tube type perforated sign posts will be measured by the length in linear feet of post installed. The associated 30" tall anchor will not be measured separately, and shall be included in the cost of the post. 6t4.14 BASIS OF PAYMENT Payment will be made under: Pay Item Pay Unit Steel Sign Post (2" x 2"square tube) Linear Foot (LF) KN COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 REVISION OF SECTION 618 PRESTRESSED CONCRETE Section 618 of the Standard Specifications is hereby revised for this project as follows: In subsection 618.02 second paragraph delete the first sentence. In subsection 618.04(c)(7) delete the last sentence. In subsection 618.04(c)(14) delete the first two paragraphs. In subsection 618.07(c)2 delete item (1). Delete Subsection 618.08. J • 0 f� COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.14 is hereby deleted and replaced with the following: January 2012 Construction Traffic Control will not be measured separately but will be paid for on a lump sum basis. This lump sum basis shall include all traffic control devices that are shown on the plans or any other devices that may be requested by the engineer to ensure the safety of the project. Traffic control management, traffic control inspection and flagging will not be measured and paid for separately but shall be included in the cost of the work. It is anticipated that traffic control management services (TCM) will only be required during the initial set-up of required traffic control devices. Subsection 630.15 hereby revised as follows: Delete paragraph 1, 2, 3 including the Pay Item Table and replace with the following: Payment shall be made at the contract lump sum price for Construction Traffic Control and will be full compensation for all work necessary to complete the work. Payment will be made under: . Pay Item Pay Unit Construction Traffic Control Lump Sum • 41P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 I REVISION OF SECTIOiN 715 LIGHTING AND ELECTRICAL MATERIALS Section 715.04 Luminaires and Lamps shall be revised to include the following: (a) General (2) Optical Chamber Delete "The luminaire distribution shall be an IESNA full -cutoff, type III reflector system for lamps over 3200 lumens." (b) Nall Type Luminaires. Wall mounted luminaire Type 'A'. (1) Listing: The luminaire and all components shall be UL/ETL listed for Wet Location and shall have a minimum Ingress Protection Rating of IP65. (2) Dimensions: The luminaire shall protrude no farther than 7 inches from mounting location and be no wider than 14 inches in diameter. (3) Light Source: the luminaire shall use an LED lamp system of no more than 50 watts, 4000 — 4100K, >70CRI and >2400 lumen output. 70% lumen maintenance at 50,000 hours per IES LM80. (4) Optics: the luminaire shall have symmetrical forward throw distribution. (i) illfounting: the luminaire shall be suitable for surface mounting on concrete with in/out conduit entries for through -wiring. (6) tLlaterials: the luminaire bezel shall be constructed of one-piece, die-cast aluminum, low copper alloy with grill. The luminaire housing shall be constructed of one-piece, die-cast aluminum, low copper alloy. Both with natural aluminum powder coat finish. The lens shall be UV stabilized • injection -molded pearlescent polycarbonate with interior prismatic lens. (7) Power Supply: The luminaire shall be furnished with an integral 120v Class 2 power supply (driver). (8) Accessory: Furnish luminaire with tamperproof hardware and screwdriver. (9) IParranty: five (5) years for LED, lifetime for housing. (c) Step Light Luminaires. Step light luminaire Type `B' (1) Listing: The luminaire and all components shall be UL/ETL listed for Wet Location. (2) Dimensions: The luminaire shall be no larger than 5-inches square and only the faceplate shall protrude from the wall. (3) Light Source: The luminaire shall use an LED lamp system of no more than 4 watts, 4000 - 4100K and >60 lumen output. (4) Optics: The luminaire shalt have an asymmetrical forward throw distribution with a 90 degree cutoff capable of maintaining 1.Ofc average 4 feet away mounted at 72" on center and 24-inches above grade to 70% lumen maintenance per IES LM80. (i) kfounting: The luminaire shall be suitable for concrete pour installation mounted within the junction box. (6) ilfaterials: The luminaire face plate shall be solid brushed stainless steel. (7) Power Supply: The luminaire shall be furnished with an integral 120v Class 2 power supply (driver). (8) Accessory: Furnish luminaire with tempered glass tens and tamperproof hardware. (9) Pvarranty: five (5) years. CJ 42P • • COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 2 REVISION OF SECTION 715 LIGHTING AND ELECTRICAL MATERIALS January 2012 (d) Pedestrian Luminaires. Pedestrian pole luminaire Type `C'. (1) Listing: The luminaire and all components shall be UL/ETL listed for Wet Location and shall have a minimum Ingress Protection Rating of IP65. (2) Dimensions: The luminaire and furnished pole shall be 18 feet tall to bottom of luminaire lens. The luminaire shall be nominal 22" wide, 13" wide and 5" high. (3) Light Source: The luminaire shall use an LED lamp system of no more than 80 watts, 4000 - 4100K and >5000 lumen output. (4) Optics: The luminaire shall have a symmetrical, Type III distribution with backlight control, IP66. (5) Pole: 4" diameter straight round pole (6) Mounting: The luminaire and 4" diameter straight round pole shall have a base plate with anchor bolts for installation on concrete light standard foundation. (7) rVaterials: The luminaire housing shall be constructed of die-cast aluminum alloy, the pole of heavy wall aluminum extrusion, and the base plate of cast aluminum with 5CE powder coat finish. The lens shall be clear, thermal shock tempered glass. (8) Power Supply: The luminaire shall be furnished with an integral 120v Class 2 power supply (driver). (9) Color: Powder coat paint finish in grey. (10) Warranty: five (5) years. (e) Pedestrian Luminaires. Pedestrian pole luminaire Type `C 1'. (1) Listing: The luminaire and all components shall be UL/ETL listed for Wet Location and shall have a minimum Ingress Protection Rating of IP65. (2) Dimensions: The luminaire and furnished pole shall be 18 feet tall to bottom of luminaire lens. The luminaire shall be nominal 22" wide, 13" wide and 5" high. (3) Light Source: The luminaire shall use an LED lamp system of no more than 80 watts, 4000 - 4100K and >5000 lumen output. (4) Optics: The luminaire shall have an asymmetrical right, Type III distribution with backlight control, IP66. (5) iVounting: The luminaire and pole shall have a base plate with anchor bolts for installation on concrete light standard foundation. (6) ALlaterials: The luminaire housing shall be constructed of die-cast aluminum alloy, the pole of heavy wall aluminum extrusion, and the base plate of cast aluminum with 5CE powder coat finish. The lens shall be clear, thermal shock tempered glass. (7) Power Supply: The luminaire shall be furnished with an integral 120v Class 2 power supply (driver). (8) Color: Powder coat paint finish in grey. (9) Marranty: five (5) years. 43P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 • 3 REVISION OF SECTION 715 LIGHTING AND ELECTRICAL MATERIALS (f) Li,;ht Source. Light Sources shall be installed and operated only in luminaires designed to accommodate them and shall be compatible with drivers supplied with the luminaires into which they are to be installed. LED lamp systems shall meet or exceed the following requirements: (1) Binning — All LEDs shall be matched to satisfy the CCT, CRI, and Luminous Flux requirements as described herein. a. Correlated Color Temperature (CCT) — All LED lamps shall emit white light and have a (CCT) 4000-4100 +/- 275' Kelvin. b. Color Rendering Index (CRI) — LED lamps shall have a minimum Color Rendering Index (CRI) of>70. c. Luminous Flux — LED lamps shall not exceed the junction temperature recommended by the LED manufacturer. Luminous flux differences between LEDs shall not exceed 10%. (2) Rated Lamp Life - LEDs shall have a minimum rated life of 50,000 hours. The lumen output shall be maintained at 70% of initial rated lumens or greater at the rated life of the lamp. (3) Quality Control — Luminaires with LEDs that have a perceptible and significant brightness or • color differences shall be replaced by the Manufacturer at no cost to the Project. (4) Environmental Conditions — LEDs shall be temperature rated for operation and storage within the range of -30°C to +40°C, and shall withstand low and high frequency vibration over the rated life of the lamp. Section 715.05 shall be revised to include the following: LED Drivers shall meet or exceed the following requirements: (c) LED power supplies: LED power supplies shall have an input voltage of 120VAC/60Hz and the output voltage shall be per LED manufacturer's specifications. The output voltage shall be regulated automatically and continuously by an integral electronic voltage regulator to maintain the LED voltage within a tolerance of +/- 5%. The output current shall be regulated automatically and continuously by an integral electronic current regulator to maintain the current within a tolerance of +/- 5% of rated mA. All electronics of the power supply and the LEDs shall be protected from electrical surges. Surge protection shall be integral to the LED power supply, power factor >90%, and <20% THD. (d) Testing — LED Power Supplies shall be tested to demonstrate compliance with the relevant ISO, ASTM, and ANSI Standards that relate to this specification. • 44P 50 613 1 1/4" Electrical Conduit Plastic LF 420 5IN 613 1/2' Electrical Conduit LF 10 49 613 2" Electrical Conduit (Plastic) LF 15 50 6 3" Electrical Conduit Plaslld LF 200 51 613 /4" Electrical Conduit LF 220 52 613 31XFle,ldcal Conduit Plastic LF 330 50 613 Concre Foundation Pad EA 1 51 613 Flush In-Gr Plo mer Concrete Splice Box EA 3- 52 613 Light Standard a Luminaire "C' Type Pedestrian IA Foot EA 4 53 613 Light Standard and Lbminaire 'C I'Type Pedestrian 18 Foot EA t 51 613 Light Standard Foundatio EA 5 52 613 Lighting Control Center 1 53 613 Luminaire Special "A" Type Un -bridge Luminaire) EA 12 54 673 Luminaire (Special) "B"Type Sto Li uminaire EA 17 52 613 Wring LS 1 53 620 Sanitary FacilityEA 1 54 626 Mobilization LS 1 55 630 Construction Traffic Control LS 1 TOTAL BIO AOOITIONAL COSTS (FOR PERFORMANCE ANO PAYM T BONDS, AND UD13 GO S) 56 700 IF/A Minor Contracl Revisions FA 1 $200.000.00 $200.000.00 57 700 FIA Partnering F 1 $5.000.00 $5.000.00 58 700 F/A Fuel Cost AdjustmentFA 1 $5,000.00 $5.000.00 59 700 F/A On -The -Job Traine FA ',�-4 MOM $960,00 60 700 F/A Railroad z FA =1 $20.000.00 $20.000.00 61 700 FIA Erosion Cgn rol FA 1 $5,000.00 $5.000.00 TOTAL ADDITIO COSTSI $236.960.00 TOTAL BASE BI / IN WORD$. The above Bid Schedule has also been attached as a separate Microsoft Excel document. The COOT Form 347, Certification of EEO Compliance, is no longer required to be submitted in the bid package. This form certified that the contractor/proposed subcontractors were in compliance with the Joint Reporting Committee EEO-1 form requirements. The EEO-1 Report must still be submitted to the Joint Reporting Committee if the contractors and subcontractors meet the eligibility requirements (29CFR 1602.7): we will, however, no longer require certification. For additional information regarding these federal requirements, please refer to: http://www.eeoc.gov/stats/iobpaUel instruct.html ACCEPTANCE OF FUEL COST ADJUSTMENTS: Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of Section 109 - Fuel Cost Adjustment. To accept this standard special provision, the bidder must fill in an "X" next to "YES" below. No Fuel Cost Adjustment will be made due to fuel cost changes for bidders who answer "NO". If neither line is marked, the Department will assume Rev10/20107 Section 00300 Page 3 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 FORCE ACCOUNT ITEMS DESCRIPTION January 2012 This special provision contains the Department's estimate for force account items included in the Contract. All force account items will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor. Force Account Item Ouantity Amount Nlinor Contract Revisions FA $200,000 Partnering FA $5,000 Fuel Cost Adjustment FA $5,000 On the Job Trainee FA $960 Railroad FA $20,000 Erosion Control FA $5,000 0 45P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 UTILITIES The known utilities and corresponding contacts for this project are: Xcel Energy (electricity) Xcel Energy (gas) Fort Collins Water Utilities Fort Collins Water Utilities Comcast Qwest Pat Kreager Dean Gebhardt Owen Randal Terry Popejoy Dennis Greenwalt Terry Speer January 2012 970-225-7965 970-225-7852 970-221-6809 970-221-6232 970-484-7166 970-337-6405 The work described in these plans and specifications requires full cooperation between the Contractor and the utility owners in accordance with Subsection 105.06 in conducting their respective operations, so the utility work can be completed with minimum delay to all parties concerned. Also, in accordance with the plans and specifications, and as directed by the Engineer, the Contractor shall keep each utility owner advised of any work being done to its facility, so that each utility owner can coordinate its inspections for final acceptance of the work with the Engineer. THE WORK LISTED BELOW SHALL BE PERFORMED BY THE CONTRACTOR • The Contractor will make arrangements with XCEL Energy to supply power for the field office trailer. The associated costs of supplying the materials, electrician, permit, inspection, and metered power bills shall be included in the field office trailer bid item. The Contractor will not be allowed to start construction before the field office trailer is fully operational. The Contractor may choose to provide a portable power generator at his own expense if temporary power service isn't made available in a timely manner. • BNSF Railway: Coordination with BNSF when work is done within 25-feet of the centerline of the railroad track. • Water line: Shoring is required to protect portions of the water line adjacent to the project. THE WORK LISTED BELOW SHALL BE PERFORMED BY THE UTILITY OWNERS COMPANIES XCEL Electric — Coordinate crossing of electric line by new drainage line, provide permanent service for new lighting in underpass, and provide temporary service for the field office trailer. XCEL Gas — Coordinate crossing of gas line by new drainage line. Comcast and Qwest — Relocation of lines near the new East Ramp. Fort Collins Water — Coordinate crossing of water line by new drainage line and excavation near water line. BNSF Railway — Removal and replacement of ballast, ties, and track during the 7 day track outage. UTILITIES LOCATING The Contractor shall comply with Article 1.5 of Title 9 CRS ("Excavation Requirements") when excavating or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the actual day of notice, prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at phone no. 1-800-922-1987, to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective owner. Utility service laterals shall also be located prior to beginning excavation or grading. The BNSF Railway may have additional service lines within their right-of-way. The Contractor shall contact the BNSF for these locates. The location of utility facilities on the plan and profile sheets, and herein described, were obtained from the best available information. All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. !Riz E 0 0 • COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 1 BURLINGTON NORTHERIN SANTA FE (BNSF) RAILWAY REQUIREMENTS The Contractor shall conform to all the BNSF Railway requirements as applicable and as stated in the attached Mason Corridor Bus Rapid Transit Construction and Maintenance Agreement dated March 22, 2011. The term "Agency' used herein shall be defined as the City of Fort Collins, acting directly or through its duly authorized representative or agent. The Contractor shall obtain all permits and agreements from the BNSF Railway and conform to all the BNSF Railway requirements for operations within the BNSF Right -of -Way. The Contractor shall execute and conform to the requirement of Exhibit C and Exhibit C-1, attached hereto. Prior to the Contractor entering BNSF's right-of-way or property, the Contractor will attend a pre - construction meeting scheduled by the City with BNSF personnel in attendance to reiterate the safety requirements of construction activity adjacent to live tracks. During construction, BNSF may require an independent engineering inspector to be present during certain critical activities of the Project, including but not limited to: driving piles or sheet piles, erecting falsework, construction of shoring and retaining walls, placing precast elements, placing concrete, placing soil backfill and compaction processes. The BNSF's inspector shall have the right to inspect the work. The Contractor will perform all work in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities. The Contractor shall notify the BNSF Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the following requirements. Additionally, the Contractor shall notify the BNSF Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks. In addition to the standard submittal to the Engineer, the Contractor(s) must submit four (4) copies of any plans (including two sets of calculations in English Units) for proposed shoring, falsework or cribbing to be used over, under, or adjacent to BNSF's tracks to BNSF's Manager of Public Projects for approval. The shoring, falsework or cribbing used by Agency's contractor shall comply with the BNSF Bridge Requirements set forth on Exhibit F and all applicable requirements promulgated by state and federal agencies, departments, commissions and other legislative bodies. The following provisions are required: (1) The Contractor is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines") owned by various telecommunications companies may be buried on BNSF's property or right-of-way. The locations of these Lines have been included on the plans based on information from the telecommunications companies. The Contractor will be responsible for contacting BNSF's Engineering Representative (307-432-7363), BNSF's Signal Representative (303-480-6339), and the telecommunications companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their services. The Contractor must also mark all Lines shown on the plans or marked in the field in order to verify their locations. The Contractor must also use all reasonable methods when working in the BNSF right-of-way or on BNSF property to determine if any other Lines • (fiber optic, cable, communication, or otherwise) may exist. 47P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 • 2 BURLINGTON NORTHERN SANTA FE (BNSF) RAILWAY REQUIREiMENTS (2) The Contractor will be responsible for the rearrangement of any facilities or Lines detennined to interfere with the construction. The Contractor must cooperate fully with any telecommunications company(ies) in performing such rearrangements. (3) Failure to mark or identify these Lines will be sufficient cause for BNSF's engineering representative (307-432-7363) to stop construction at no cost to the Agency or BNSF until these items are completed. (4) The contractor hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Contractor, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Contractor, and/or its subcontractors, agents and/or employees, on BNSF's property or within BNSF's right-of-way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF's property or within BNSF's right-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies).THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF BNSF. is Except as otherwise provided, all construction work performed pursuant to the following: (1) All work performed under such contract or contracts within the limits of BNSF's right-of-way must be performed in a good and workmanlike manner in accordance with plans and specifications approved by BNSF; (2) Changes or modifications during construction that affect safety or BNSF operations must be subject to BNSF's approval; (3) No work will be commenced within BNSF's right-of-way until each of the prime contractors employed in connection with said work must have (i) executed and delivered to BNSF a letter agreement in the form of Exhibit C-1, and (ii) delivered to and secured BNSF's approval of the required insurance; and (4) To facilitate scheduling for the Project, the Contractor shall give BNSF's representative (307-432-7363) 30 days advance notice of the proposed times and dates for work windows. BNSF will establish mutually agreeable work windows for the Project. BNSF has the right at any time to revise or change the work windows, due to train operations or service obligations. BNSF will not be responsible for any additional costs and expenses resulting from a change in work windows. Additional costs and expenses resulting from a change in work windows shall be accounted for in the Contractor's expenses for the Project. (5) All work for the Project must be in compliance with the Bridge Requirements set forth on Exhibit F, attached to this document and incorporated herein. 48P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 • City Project No; 4009032 Mason. Corridor Bus Rapid Transit City-BNSF Construction & Nlaintenance Agreement NIASON.CORRIDOR BUS RAPID TRANSIT iM CONSTRUCTION AND AINTEN.ANCE AGREEMENT This, Nbson Corridor Bus Rapid' Transit Construction and Maintenance Agreement ,(this "Agreement") is entered into this, clay. of 201 1, (the "Effective Date"); by and between the CITY OF FORT COLLINS', STATE OF.COLORADO (the '-`City"), and BNSF RAILWAY 'COMPANY 1("BNSV).. Tile -City. and BNSF are referred to 'herein individually as a Party -and collectively as•;the Panties.. WHEREAS, the. City .possesses the legal` authority and funds [lave, been. budgeted; .appropriated and otherwise made available- and a sufficient Unencumbered balance thereof remains available foi• payments due under.this Agreeritent; theaniount of which h is estimated to total S54,500,000 for City Woi•k and Project Work items WHEREAS, 41le,City'has obtained required, approval, clearance —and coordination feorm and with appropriate agencies; • WHEREAS, the City, has�the' authority, as•provided in section 31-1.5-101,.C.R.S.;ao enter into -contracts, including contracts with railroad companies for construction work; WHEREAS, the City also has the authority to solicit. competitive: sealed bids for coiistrtiction of public projects; WHEREAS, the 'City desires to construct certain railroad track -and related Ufrb.and' autter and drainage improvements within Mason Street from Old Ntain Drive to Nlaple Street and construct a two-lane bus guideway to be used solely for the operation of a bus rapid, transit service (collectively the "Project") along the east,edge of the existing BNSF right-of-way,_at a minimum distance.of 25 feet from centerline of existing main line track, between approximate BNSF mileposts 69.4 (south of'Harmony Road) to 7I.0 (near Horsetooth Road), 7L25 to•71.78, (near Drake Road) and '72:2 to 73.24 .(hear University Street),, as niore particularly shown .on. Exhibit A, Exhibit B-1, and Exhibit B-2 hereto (the "BNSF Property'); WHEREAS, the City will consummate a Federal Transit Administration ("FTA") Project Construction Grant Agreement ("PCGA") which will provide substantial ftincling for the construction of the infrastructure required for the:operation of the BRT Service; PCGA; 0 WIIER13AS. the execution of this Agreement is necessary for the City to obtain the 49P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 • WHEREAS, the. City desires inurlechate use: of the BNSF Property in order to construct the Project WHEREAS; the City and BNSF aeree to enter into an Easement Agreement, in the. fortis as attached hereto as Exhibit C. (the ".Easement Agreement"), relating to certain Bt\ISF.Property necessary for the: construction of tile Project and the Use and maintenance of the proposed two- lane bus guideway; WHEREAS, the City's contractor' will he required to perform City Work, Las defined herein, upon the BNSF Property, that is kcessary to construct the Project; WHEREAS, BNSF is adequately staffed and Suitably equipped to undertake and satisfactorily complete the Railroad Work, and can perform the Railroad Wort: niore advantageously and more cost effectively than the City: WHEREAS, the Project will also include certain ivlason Street Work From Old Main Drive to Nlaple Street; WHEREAS, the City has agreed to -permit construction in accordance with certain plans and specification within the BNSF Mason ROW within ivlason Street and to modify the BNSF btason ROW in order to allow autotvlated maintenance of the BNSF track: WHEREAS, the City will construct a• pedestrian overpass and a pedestrian unclerpass • across BNSF Property at the locations identified ill Exhibit B-I and Exhibit B-2 as part of the City Work; WHEREAS, contemporaneously with the execution of this Agreement, the City and BNSF a tree to enter into that certain Nlaso❑ Corridor Bus Rapid Transit Operatiti« Agreement (.tile "Operating Agreement") Qoverning the use of the Guideway; WHEREAS, it is desirable, for the benefit, convenience and safety of the traveling public that the improvements provided forhercitl be accomplished. NOW; THEREFORE,. it is hereby agreed that: AR'FfCLi; [ ,GENERAL PROVISIONS SECT[O\' A. DEFINCf[ONS 1. "BNSF ivlason :ROW' means the rig**his «ranted by the City to BNSF's preciecessar(s) in interest by Ordinance No. 19, 1577 which granted BNSF's predecessor in interest the right to operate its trains on Nfason Street. 50P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 0 2. "BRT Service" 'mea ris tiie Bus Rapid Transit passenger bus service operaiing,on the Guideway. 3. "C.FR" means the Code of Federal Re2tda[i611S. t. "City Bus" means any City owned ,elf -propelled, rtlhberlZed tll'e.bUS used by the City to transport passengers on the Guideway. 5. "City Work"shall consist of work performed by the City's contractor to construct the- Project as indicated on the Plans and Specifications niclucling all work relating to the construction of the Guideway, the peclest•ian overpass. and pCdestrian underpass, and the Nfason Street Work, as depicted is described in the Litawipt,; attaclied'as,'Exhibit 13-1 and Exhibit B=? Hereto: 6, "CRS" means the Colorado RevisCd Statutes. T "Guideway" means the. two -tattle. ;uideway and related facilities used for the operation of the. BRT Service, incluclitig related curb, gutter, guardrail or cable bartiergates aCrosSdhe.gtiideway ateach.cross street.intcrscction as set forth in [lie plan; and specificatiolls.to prevent non -City Bus vehicle usage and Access to the "LlideWav`fl•onl StICH cross street; signage, striping an'd associated drainage and utility itelns.constructed as part of the Project. • 3. "Mason Street Work" shall consist of work within Ii1tason Street between Old tN'tain Drive and Maple Street as forth in. the Plans and Specifications, which includes removing the asphalt covering the BNSF tics: ncl removing the BNSF track. ballast, and subballast; installing; a SUbballast drainage systCni under the track to connect to the City storm sewer, reinstalling the Subballast; ballast, and track, installing six inch curb and gutter to separate the BNSF tracks from Mason Street except at intersections, leaving the track as an open ballaSL track between intersections, and installing new crossin; surfaces :at each crossing of Mason Sheet. As indicated in the Plans and Specifications, some of the Mason Street Work will be City Wok some will be Project Work and some will be Railroad Work. • 9. "NIUTCD means (lie iitanual on Uniform Traffic Control Devices for Streets anct l-li;hways. IQ. `'Plans and Specifications" meansthe final construction plans reviewecl by BNSF is provided in Section III(A")(3) of this Agreement and approved by the City, for the construction Of the City Work and the Project Work, to be attached followings Final completion of the plaits as Exhibit B-I and Exhibit B-2. 11. `PCGA"shall Have the meaning set north in [lie recitals to this Agreement. 12. "Project Work' shall consist of work described in the Plans and Specifications to. be performed by 13NSF on behalf of the Cite throw=h BNSF's own forces or its contractor eitiler cm 51P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 s BNSF Property or on the BNSF cVlason ROW. The scope of the Project Work is attached hereto as Exhibit D-*" 13. "PUC` means' the Public Utilities Commission of Colorado. 14. "Railroad 4� orl:"shall consist of work performed by BNSF on BNSF Property or in the BNSF :Mason ROW on its own behalf through its own forces or its contractor.. The. scope of the Railroad Work is attached hereto as Exhibit D-I. 15. "Mork Window" means the period of lime and slates to be agreed upon between the City and Bi\'SF when the \Mason Street Work shall be performed during which time all vehicle and train traffic on Nlason Street between Old 1vlain Drive and ivlaple Street shall cease in order that the tVlason Street Work will be performed interrupted. SECTION B. EXHIBITS The exhibitslisted below are attached hereto and made a part of this Agreement: Exhibit A Vicinity m.:p ExhibitB-1 Guideway"Plani and Profile Drawings Exhibit B-2 ,Mason Street Work plans • Exhibit C Easement Agreement (includes: Proposed BNSF Property Basement Location Sketches (?) and Legal. Descriptions of BNSF Property Easement (2)) Exhibit D-1 Railroad Work Description Exhibit D 2 Pro.ject Work Description and Cost Estimate Exhibit E BNSF ContracMr's Rcyuirenients Exhibit E-1 Contractor Agreement. Exhibit F Overpass Agreement Exhibit G Underpass Agreement Exhibit 1-14 Grade Cros in :SiLnal Installation Agreement (Harmony Roach Exhibit H-? Grade Crossing Signal Installation Agreement (1-I01-setooth Road) Exhibit H-3 Grade Crossing Signal Installation Agreement (Swallow Roa() 52P a COLORADO PROJECT NO. AOC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 0 Exhibit FI-4 Grade. Crossin Signal. Installation Aarcement (Drake Road) Exhibit Fl-5 Grade Crossing, Si.vna( Installation Agreement (Pitkin Street) Exhibit Fl-G .Grade Crossing Signal Installation Agreement (University Avenue) ARTICLE II COMMITMENTS ON THE PART Of, BNSF RAILWAY SECTION A. RfGFI-P OF WAY I.-Cemporary Construction License. Inconsideration of the faithful perforniance of the: City=S covenants contained herein„ BNSF hereby .grants to the City, its successors and atssigns, upon and subject to the t nns zinc[ conditions. set forth in this Agreement, a temporary non-eXclusive license (hereinalter called, '''Temporary Construction License") to construct the Guideway.and Project Work across or upon the BNSF Property and BNSF Nlason ROW. The- term of the Temporary Construction License upon BNSF Property begins on the earlier of (a) thirty days (30) after the award of the. PCGA: or (b) six months after the Effective Date and ends on the earlier of (y) substantial completion of the Guideway: or (z) twenty=four (24) months. The Temporary Construction License upou BNSF Property and related rights given • by BNSF to the City in this provision are without warranty of title of any kind,, express or implied, and no covenant of warranty of role will be implied from the use of any word or words herein contained. The Temporary COn5trn6ti0❑ .License is for construction of the City Work only and shall not be used by the: City for any other purpose. The City acknowledges and agrees that it shall not have the right. under the Temporay Construction License, to use.the GLtidewal V. Tn the event the City is evicted by anyone- owning, or claiming title to oe any interest in said right-of-way. BNSF will not be liable to (lie City for any clam -ages, losses or any expenses of any naiture whatsoever. The granting of siiiiilair riffits to others, subsequent to tine date of this Agreement, wilt not impair or interfere with the ri«hrs granted to the City herein. • 'rile term of the "Temporary Consttnicxion License uponthe BNSF Mason ROW begins at 0500 hours on the first clay of the Work Window, and ends at 1800 hours on tine last clay of: the Work Window unless, extended in writing by agreement -of the Parties. The Temporary Construction'License on the BNSF Nlason ROW is for construction of the City's portion of the Mason Street Work only and shall not be used by the City for any other purpose. 2. BiN.rSF Property Easement and City Nvment. Upon receiving the payment from the City described in the Subsequent seutencC and provided the City is in compliance with the terms and conditions of this Agreement, BNSF will grant to the City;. its Successor; and assigns, an easement (hereinafter called. the ''Easement`) pursuant to the Easement Agreement attached hereto as Exhibit C. to enter upon anc[ use the BNSF Property forthc purpose of the use of the Guideway for the BRT Scrvicc only and the mmrinten:rnce and repair of the Guideway aS necessary to further such permitted use, all in strict compliance with the terms contained in this 53P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 Is Aereenient.and the Operating Agreement. The City must pay to BNSF the SLIM OfThree Million Nine Hundred Thousand and No/l00 Dollars (S3:900,000,00) as compensation. for the Easement and each temporary construction license to be granted by BNSF for the. Project within shirty (30) days of the earlier of (a) the award of the PCG& or (b) six months after. the. Effective. Date. It the City fails to pay BNSF within the time,period set forth in the preceding sentence; BNSF may stop consu•uction of the Project until full payment is received by BNSF. in the event the City exercises its right pursuant to Section fV(D) to terminatethis Agreement, the Easement shall also terminate, and BNSF shall refund to the City the Easement feein total and the parties shall have no'further obligations thereunder except those that expresSl-y survive termination. SECTION B. COt\'STRUCT[ON I. Work to be Performed by BNSF on Its Own Behalf. BNSF shall furnish all labor; materials. tools, and equipment for the Railroad Work required for the consmuctiorn of the Project. The scope of the Railroad Work is attached liereto.as Exhibit D-I. The Railroad Work Shall be performed by BNSF or its contractor at BNSI?'s sole cost and expense. 2. Work to be Performed by.B(\'SFon Behalf of.the.City. (a) BNSF will furnish all labor, materials, tools, and equipment for tine Project WOl-k to be performed by BNSF is set forth in the Plans and Specification, the estimated cost thereof being as shown oil Exhibit D-2 attached fiaeto and made a part hereof. Ill the event construction on the. Project has not commenced within six (6) months following the Effective Date, BNSF • may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit D-2. in Such event, the revised cost estimates will become a part of this tlgreement as thou«h originally set forth herein. Any item of work incidental to the. items listed on Exhibit D-2 not specifically mentioned therein may be included as a part of this Agreement upon written approval of the: City, which approval will not be unreasonably withheld. (b) BNSF will do all Project Work set forth above on an actual cost basis, when BNSF. in its sole discretion, determinCS it is required by its labor agreements to perfornn Such work with its own employees working under applicable collective. bargaining agreemciits. '(c) BNSF may charge the City for insurance expenses, including self-insurance expenses, when 'Such expenses cover the cost of Employer's Liability (includin-a, without limitation. liability under [lie Federal Employer's Liability Act) in connection with the perfornance of ttie Project Work. Such charges will. be considered part of the actual cost of the Project Work, regardless of the nature or annount of ultimate liability for injury, loss or death to BNSF's employees, if any. (d) During the performance of the ProjcctWark. BNSF will send the City proures ive invoices detailin« the costs of the Project Work performed by BNSF under this Agreement. The City must reinnburse BNSF for completed FOrCC-account work within thirty (30) dads of the date of the. invoice for such work. Upon completion of the Project Work. BNSF will send the Citya 6 54P • • the bidder rejects Fuel Cost Adjustments for this project. After bids are submitted, bidders will not be given any other opportunity to accept or reject this adjustment. (Ivl rk only one line with an " V): YES, I choose to accept Fuel Cost Adjustments for this project NO, I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is marked, the default is "NO", I choose NOT to accept Fuel Cost Adjustments for this project 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: 57_kHC-T0P-ens. /Atr- BY: AU Signature 61 te p2E5/DONI C'�U Title Q:• RP 0q SE License Number (If Applicable) ; (Seal - if Bi i by corporation) ���,.� • �� Attest: t - '''''�����/1/111111�����`````` Address �INU�i2N�5s C T �g5�'zSu /��YC�G� 3 a I ( Z Telephone 3ob 7?u — Zg -78 Email tA�",IC kSatµre5hc.�rC 0 Rev10/2o/07 Section 00300 Page 4 COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 • detailed invoice of final costs, segrecated as to labor and materials for each item in the recapitulation shown on Exhibit D'?_. 3. Flagging Services. The cost of tlaLting services shall be paid by the'City, 4. Emergency Work. "File City agrees to reimburse BNSF for work of in enreracncy nature proximate.'ly caused by the City or its contractor (which shill not he deemed to include the BNSF when performing work on behalf of the City) during eonsnuction of the Project which BNSF cleems is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or BNSF property. Such work may he performed by BNSF without prior approval of the City and -the. City agrees to fully reinrbu:se BNSF for all such emergency work. BNSF shall. as scion -as reasonably practicable after initiating such cnrcr«cncy work, notify the City as to the.nattu-e of the eonclitions creating, the need fortbe emergency work. 5. Cessation of train operations during Work Window: BNSF shall Suspen l all drain activity within the. Work Window for completion of the Mason Street Work. SECT[ON C. QNSF`S RELA-F16NS wi,rl-f THE CITY'S CONTRACTOR I. fnStlranCe - Notice to City. The City agrees chat it will not authorize any contractor to enter upon or perform ally work contetttplated by this Agreement upon the BNSF Property or BNSF Vlason ROW unless or until the insurance required by Section LH(B)(2).hereof shall be • delivered to and accepted by BNSF; and that said uisurance shall he kept in full force and effect by the contractor cluring the times. any work is being performed on the BNSF Property or BNSF Mason ROW by any contractor.Or Subcontractor. BNSF agrees to notify the City within twenty (20) calendar clays following delivery of said certificates and policies Of'insurance to the BNSF: whether said insurance has been accepted or rejected. • 2. BNSF's Right to Stop Work, If the City's contractor shall prosecute [he City Work upon BNSF Property or the BNSF Vlason.ROW contrary to the Plans.dnd Specifications 6'r if Such contractor shall prosecute said work on BNSF Property or the BNSF Nfasoti ROW in a manner reasonably deerned hazardous by .BASF to those properties and [he facilities located. thereon or the safe and expeditious movement of traffic thereon, or if the insurance prescribed in Section Ifl(B)(2) hereof shall be canceled clurin;. progress of said work, or the City fails. to pay BNSF for tile'Femporary Construction License or the.Eascment puisuant to Section. II(A) of this Agreement, BNSFshall have die might to stop said work on its properties until such acts or omissions of the City or the City's contractor have been fully rectified in accordance with the terms of this Agreement to the reasonable satisfaction of the BNSF. Such work stoppage shall' not give rise to or impose upon .B."SF any liability to the City or any contractor: to the event BNSF shall stop the City Work herein provided; BASF agrees to Live immediate notice thereof; in writing with detailed reasons for such work sroppage, to tiro City Engineer, 281 North College, Fort Collins, CO 50522. BNSF also agrees to give immediate kvi-itten notice to the City when any such acts or omissions have been rectified to the satisfaction of BNSF. 55P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 C 3. Flagging Services. Any time the City's Contractor is performin- any of the work described in Paragraph 1;05.02 of Exhibit E, the City's contractor shrill notify BNSF in. writing thirty (30) calendar days prior to beginning and fire (5) business days prior to stopping any work which will require Flagging services as Sct forth in Exhibit E. Upon such notice. BNSF shall assign to the CiWs contractor Flagmen as provided in Paragraph 1.05.03 of Exhibit E. 4. Billings to City's Contractor. DUring the performance of the City Work. BNSF will send the City's contractor progressiveinvoices: for the. costs of flagging services performed by BNSF tinder this Agreement. The City's contractor must reimburse BNSF for such services .within thirty (30) clays of the date of the invoice fol' SU611 work. BNSF agrees to present its final and. complete billings of all incurred costs to the City's conu-actor within six (6) months following completion of the Flagging Services as performed by BNSF at the contractors reCluest. The billing for such work shall reference the City's consU-uction number. SECTION D. MAINTENANCE Upon completion of the Project, .BNSF shall thereafter operate, MWtintain, repair and keep Its roadbed, track and appurtenances,.incluCiing the railroad grade. crossing warning devices it[ each existing crossing along the Guideway; in properly working condition. In the event that Federal or State funds or other [toils become available for use in the operation, maintenance, or repair of any of the crussing warning devices along BNSF's right-of=way, BNSFshallbe. tree to apply for such funds. BNSFshall,not be responsible for maintaining the Guideway constructed as part of the Project. BNSF shall maintain the grade crossing surface from the outside end of • the tie to the outside end of the tie at single track crossings. The City shall bear the cost of MaI.Crials to maintain, repair: or replace the UOSSing surface. Upon completion of this project and if anycrossing of the BN`SFtrack within the Project shall treed repairing or replacing,. BNSF shall hear the cost. of installation, maintenance, repair or replacement with materials provided. by the City. ARTfCI,F, aI. CON1NUThNII! NTS ON THE PAR,r OF "rHE CITY SECTION A. CITY ACTIVITFES 1. Construction by tie City. 'The: City shall perform, or cause to be performed, ill manner acceptable to BNSF, all City Work upon the BNSF Property and on the BNSF Mason ROW in accordance with the Plans acid Specifications and the terms of this Agreement. '_. Supervision by the City. The City shall supervise and inspect tale operations of all City contractors to assure compliance with the Plans and Specifications and the. terms of this Agreement and all safety requirements of BNSF. However, at all times Such contractor shall he considered an independent contractor, and not an employee of the City. 3. Plans and Specifications. Prior to commencement of any construction,, detailed eonsuuetion plans and Specifications far the City Work and the Project Work shall be. funiislted X 56P • COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 by the City at the City's expense to AndyA iliparan; Nlaunager Public Projects of BiiNSF in Kansais City. Kansas. for review and comments or approval in writing. BNSF shall provide comments or written approval within ninety (90),days of.receipt Of such plans and specifications. BNSF°s. approval shall not bee unreasonably withheld, and i.f BNSF fails to respond to any subtiiission within the ninety (96) day period, that submission shall be. deemed approved. Construction shall not commence on any City Work or Project Work prior to BiNSF's approval of the plans and specifications. Any approval. by BNSF shall mean only that the plans and specifications meet the: subjective standards of BNSF, and approval by BNSF shall not be construed or deemed to be a ratification or -an acloption by BNSF of said,plans andspecifications. 13NSP shall not be liable or responsible in any manner for the sn-LIC(Und design, details or construction of tite Project. `r4'ork on the .BNSF Property or BASF Nlasoa ROW not provided for by said plans and specifications shall'be clone or performed only by and with the prior written consent of BNS.F.. 'I. Utilities. The City's construction contraCt ~hall include provisions that its. construction contractor take such measures its BNSF and the City may agree upon in writing, respecting any utilities located upon the BNSF Property or BNSF Mason ROW as hereinafter provided: It is understood and agreed that (lie owner of any utility in or above the BNSF Property retains the right to move, repair, recondition or relocate the same. The City shall require that :if, during progress. of the City Work, the City's corurictor shall discover an,y utility that has it right to be on the BNSF Property or. BNSF Nlason.ROW. but that is not specifically uteutionetl and provided for elsewhere in the plans for the City Work, which utility must be moved_ repatired, reconditioned or relocated because_ of the construction: of the Project, tine City's • contractor shall initiate immediate notice thereof to the City and BNSF, and the City will furnish directions respecting the. same; but, unless otherwise agreed upon between the City and BNSF, the City will authorize its cnnti-acmr to make only Such teinnporary or emerIlency repairs as iitay be require(! to protect and safeguard- the utility and the facilities of BNSF prior to conuinencement of work thereon by tine ownner of the utility or BNSF. When such operations are undertaken by the owners.of the util.ity or BNSF, the City %vill require its contractor to cooperate to the extent that ample prOICCtion of Such work will be provided. to tile cnd that the entire Project contemplated by this Agreement niay be expedited! The terms."utility" and "utilities" as used herein include all properties and Facilities of any persons, firm or corporation constitutinv any part. of the utility System, IlClu.ding, but not Iinlitc'(l to, pipe lines, tube lines, water and gas mains, electrical conduits. setiver pipes, avcncCad wiring, and supporting structures and appurtenances. • 5. Flagging Services (SGne6fications For Construction). Fit consideration of the requirements of 23 CFR, Part 646. Subpart Band Part 140, Subpart 1. the City agrees• that any contract awarded to any contractor its herein provided will include in the .specifications for .Construction the following general information:. (a) The provisions of this Agreement applicable to the na`r piny services BNSF may require during the performance of the City Work upon BtNISF PraperyY or tine BNSF Nlason ROW. 57P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 (b) "rilecost per clay for flagging services provided by BNSF: The estimated cklity cost for flagging is S1200 based on an S-hourday; beyond $.hours and up to t6 hours, the, claily rate goes to time -and -a -half: beyond 16d1ourS, the laity rate is doubled: (c) The: times and manner in which BNSF will submit its billings to the Citv's contractor. 6. Reimbursement of BNSF. The City will reimburse BNSF within thirty (30) calendar clays aftcr.BNSF has formally billed the City for -(he costs of all szrviceS and material; supplied to and work performed for the City, and for any insurance premium payments advanced by BNSF for the insurance coverage herein provided. The City shall require the contractor to rcimbuese BNSF within thirty (30) calenclar days after B\ISF has. formally billed the City's contractor BNSF Ilaguing.serviceS used for Pro construction. 7. Permits. The City mast make any required application and obtain all required permit. and approvals for the construction of the Project, includinU the City Work, the Project Work aril, the Railroad Work. S. Utilities. The City shall be responsible for obtaining proper clearance- or approval; if, writing, or formal agreement if utility adjusnneits are required; from utility companies Which may be involved inthe Project. The City shall furnish docurnentation of such clearance or approval prior to installation of the proposed improvements. 9. Coordination of Work. The City's Project Engineer is the City Engineer, Ilelen • ,iigchelbrink. "rite City's Prnjcet.Engineee shall arrange with BNSF.a mutually acceptable (late that the Project Work and Railroad `York can begin and Shall issue ',I written notice to proceed to BNSF foe said work. Prior to commencement of any construction, the. City's Project Engineer Shall deliver to BNSF a development and phasing Schedule for Completion of the City Work. BNSF shall provicle comments or written approval within ninety (90) days of receipt of Such development and phasing, scheclUle. Cons(euction shall hot coni6lence prior to BNSF� approval of tile_ development and phasing schedule.. 10. Cessation of Vehicle Traffic on lViason. Street durinC1 Work Winclow. City agrees to block all non -construction vehicular traffic from iisutg Mason Street from Old Main :Drive to ,Maple Street during the Work Winclow and diligently enforce such traffic restriction•. SECTION B. CITY'S CONSTRUCTION CONTRACTOR ACrtVMTfES I. Contractor's Operations. "Cite. City must require its conu-ttctor to comply 'With the oblk,gtions set forth in this Agrecment zlild the City hereby agrees to include in its construction contract provisions which require itS, contractor to keep and perform the following covenant.;, conditions and stipulations: Hi 58P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 0 0 (a) Notice. The City will redluil-C its caatraetor to notify BNSF in writing at least thirty (30) days in advance of commencing any operations which require I'l W2ins services and five (5) days. in advance of diSCOnIInUanCe of such protective services:- (b) BN'SF Contractor's Requirements. The. City will requite its contractor to comply with the requirements Set forth in. Exhibit E. (c) BNSF/Contractor's Agreement. Prior td allowing its contractor to. enter onto the BNSF Property or BNSF'aNlason ROW, the City will require its contractor to execute and deliver to BNSF the A_reement between BNSF and contractor, attached hereto as Exhibit E-l. 2. Contractor's lrisurancc. The City slt-dl require its corivactor lufurnish to the City the' certificates and policies of hISm'ance its described. in Exhibit E-L Railroad Insurance, and thrill deliver the sane directly to BNSF. All certificates and policies of insurance required Hereunder Shall comply with the requirements of 23 CFR,. Part 6116, Subpart A. The City's contractor or its .subcontractors. shall not be allowed to enter upon or perform any City Work upon the BNSF Property or the BNSF Mason RONV unless or until the aforesaid insurance shill have been accepted by BNSF. All such insurance :shall be kept in fall force and effect Clu-ing all times the City's contractor .is performing any such work upon or adjacent to the BNSF Property. BNSF rN•lason ROW or any other BNSF property.. 3. Crossings and Roadways; The City shall require of its contactor that new crossings at -grade of BiNISF s track shall not be established .or used by the City's.con tractor except by separate agreement between the City's contractor and BNSF at such places, and[ under such tlaU protection. or protective devices, as shall be .approved or desisnated by BNSF. BNSF may perform all or any part of the work incident to establishing any such crossing at -grade or: of removing, the- same and restoring its trick and roadbed, or BNSF may t;equire the City'; contractor to perform all or any portion of Stich work. The City will require itS contractor to: maintain any such crossing so established' in first-class condition at all times and to keep Ilange�i,ay; free of ice, snow, dirt, rock and debris and to install, operate, Maintain and remove in manner satisfactory to BNSF suitable barricades adequate to prevenl unauthorized vehicles or equipment from using such crossinL's or roadways, .All cost and expense incident to establishtuent_ maintenance; operation and removal of any such, crossings or roadways. and barricades, whether the work be performed by BNSF or by the City's contractor, shall be borne and Paid by City's contractor "is part of the City's' construction .contract. \otwidistanding anything. elsewhere contained in (his Agreement, it is understood and a`>reed that the City will require its contractor to -agree that it will not at any time cross BNSF tracks with vehicles or equipment of any kind or character; except at eXi;tinu public croSsin-S or at crossings established tas provided for in this paragraph. y 4. Delay to Trains. The City sh-ill require its contractor to be responsible to BNSF and its tenants for all damages for delay which May be sustained by BNSF or its tenants. or their employees.. passengers or freight in its or their care caused by ',Illy interference which could have been avoided by proper handling of the City Work except during the Work `:Vindow. 59P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 5. Advance Warning Protection. The -City will regetire its contractor to furnish, maintain and install advance. warning signs or barricade protection which may be, requited for theduration of the City Work for the protection of BNSF's Facilities and the work contemplated hereunder. 6. Subcontractors. All of the limitations and obligations imposed upon the City's construction contractor by the City and lilt rights reserved to BNSF by this Agreement shall apply with equal force and effect to any subconuactor(s) performing any Ciry Work for the City's contractor upon the BNSF Property or the BNSF tIvIdson ROW. The City will provide that its contractor shall be primarily liable and responsible to BNSF for all acts or omissions of any of the contractor's Subcontractor(S) etiiployed upon the BNSF Property or the BNSF Mason ROlV. Nothin- herein contained shall be Construed to preclucle BNSF from proceeding against die City's contractor and Subcanti•actorS individually or collCCIivel-y; Only those subcontractors whose operations.are covered by the. insurance provisions of Section (111)(13)(2) hereof will be authorized to work upon BNSF's Property or the BNSfiblason ROW. 7. Protection of Fiber Optic Cable .System, The City agrees to include the following provisions. in its Contract with any contractor perforilling any City Work. on the BNSF Property or the BNSF iviason ROW: Contractor is placed on notice that fiber optic, comnuuliCation and ocher cable lines .and systems (collectively. the "Lines") owned by various telecormiumications companies may be buriCd on BNSF's property or right- of-way. The locations of these Lines have been included on the plans based on information from the teICCQI1l111ut1iCatiotlS companies. Contractor will be responsible for contacting BNSF's Engineering Representative ( ), .BNSF's Signal Representative ( j, and the telecommunications companies and notifying them of any work than may clamage these Lines or facilities and/or interfere with their- service. Contractor must also mark allLines shown on the. plans or marked in the field in order to venfv their locations. Contractor Must also use all reasonable methods when. work-in_, in the. BNSF right-of-way or on BNSF property to determine if any Other Lines (fiber optic, cable, cotvtntttnication of otherwise) may exist. Contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. Contractor must cooperate fully with any CCICCUlllIII Lill lcations coinpany(ies) in performing Such rearrangements. Faiiure to mark or idendy these Lines will be sufticient: c:wsc for BINSF's Fn,,ineerinu Representative to Stop construction at no Cost to the City of BNSF until these items are completed. In addition to the liability terms coat.tined elsewhere in this ALYreentent. C611t1•aC'-tOr hereby indemnifies, defends and holds hartitless .BNSF for; from anc! against all cost. liability_ <incl expense whatsoever (including, withaut t2 0 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 • • limitation. attorney`. Pees and court costs uid expenses) arising Oil[ of or, in 'Illy way contributed to by any act or omission of Contractor, its Al agents and/or employees that Cause or in any -way or do rcc contribute to (1) ,lily damage. to or deStrt(CCI(Jn of any Lines by Contractor, and/or its suhcont'actors, agents rind/or employees, on BNSF's property or within BNSF's_ right-of-way, (2) any injury to or death of any person employed by or on behalf of any teleCO1l1ntunica[ions company, and/or its contractor; agents and/or employees, on 13NtS17'spope.rry or within BNSF's ri-ht-of-way, and/or (3) any claim oi-cause of action for alleged loss of prol'its or revenue by, or loss of service by n custonrer or user of such telecommunication con}pany(ies). THE 1:1ABH.ITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED.'BY THE.FACT, IF IT IS A FACT, THAT THE DAMAGE, DES'rRUCCION, INJURY, DEr1Ti-I, CAUSE OF ACTION OR CLAEM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AUNTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUC(I CLAIMS ARE, PROXIMATELY CAUSED BY THE INTENTIONAL IVUSCONDU.CT OR GROSS NEGLIGENCE OF BNSF. K. Obligation to BNSF's Tenants. BNSF shrill have no obligati'bri with re'spcct to removing. relocating, or reinstallinu the facilities of its lessees or licensees, required to be removed. relocated or reinstalled as result of the Citys construction of the Project. The City shall make all arrangements with the lessees and/ot licensees, which arranacrnents shall be Subject to Elie approval of BNSF. y 9. Job Site Cleanup. `file City's contractor shall be responsible for all job site cleanup and restoration, includin(l removal of all construction materials, concrete debris, surplus soil. refuse, contaminated soils, asphalt debris, litter anti otlier waste materials resulting from the City Work to the satisfaction of BNSF. SEC'rIOtN C. tt'IAWTENIANCE Upon completion of coistruction of the City Work, the City will maintain. at City expense, the Guideway, the Project Work, and the City Work. These maintenance- iequirement do not impose upon the City any responsibility for care. or maintenance of pre-existing drainage not affected by or directly related to the City Work or Project NVoi'k herein described, nor for care- or maintenance of BNSF'.s roadbed., cUnufiuniCatiorl and signal tines. tracks and appurtenances, if any. Upon completion of this Project and if any crossing of the BNSF track shall need maintaining. repairing or replacing, the. City shall bear the cost of the: materials to nl,tintaitl, repair Orreplacc the CrOSSIt1J SUrtaCC as prescribed by the PUC. Prior- to ariv maintenance work or repair of the City Work which requires the City or its contractors to be on. over or within BNSF Property or the. BNSF Iblason ROW or at an;' time When the City Clcsires to enter upon the BNSF Property or the .BNSF :Mason POW with any 61P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 O vehicle or equipment for any purpose whatsoevert five(5) clays advance notice must be liven to Railroad. Company's Roadmaster, currently Terry NteIander, office. phone 307-631-3443 and cell phone 307-432-7357. Said notice: shall inform BNSF`s Roadmaster of the clate(s) of the proposed maintenance, repair or desired vehiculair or equipment access, the nature of the. maintenance, repair or access to be performed anti the manner in which the maintenance; repair and access shall be performed. Upon receipt of such notice, BNSF's Roadmaster will determine and inform the City whether a Ragman need be present and whether the. City need implement any special safety measures. If any flagmen or other safety measures are required or performed by BNSF, such services Will be. provided by :BNSF at the City's expense. No maintenance performed by the City shall cause' any interference with tileconstant, continuous and uninterrupted use: of the tracks, property and facilities of BNSF or those using BNSF's facilities with its permission. The City agrees that ally contractor retailed to perform maintenance or repair on, over or within BNSF's ricyht-oF=wall/ will have in place for the: duration of such maintenance the insurance required in Exhibit E-I and comply with all terms of Exhibit E and Exhibit.E-I. The City shall have- no right to construct or place tiny alterations with respect to the Guideway or the City Work urithou( the prior written consent of BNSF. Any work relating,to the construction or placement of Guideway or City Work alterations shall be performed in accordance with this Section C and any other restrictions, limitations or conditions required by BNSF-: SECTION D. TRESPASSER ORDINANCE I. Trespasser Ordinance. in the event that by Vtay 31. 201 I, the. City has failed to enact an ordinance (the "Trespasser Ordinance") to classify any person who enters upon property owned, leased or operated by a railroad without such railroad's consent as a trespasser who shalt be subject to a penailty of a monetary fine; imprisonment or both, BNSF may teriWnate this Agreement immediately upon .written notice to the City. For purposes of the. Trespasser Ordinance, the fact that the railroad has notice of the possibility or likelihood of shell persons presenceshall have no eftect on such persons status as a trespasser. The Trespasser Ordinance may inulucle reasonable exceptions for police, emergency personnel, Federal Railroad Administration employees, N ltiona t Transportation Safety Board employees and other similar personnel acting in their official duties. After \lay 31. 2011. if the Trespasser Ordinance is repealed or is ineffective for any reason, and the City tails to enact a replacement ordinance satisfactory to BNSF within forty-five (45) clays, the City must immediately cease all operations on the Guideway and suspend all operations on the Guideway until the effectiveness of tite Trespasser Ordinance is restored. During the 4-5 clay legislative process to restore the Trespasser Ordinance, the City will utilize its general trespass ordinance to meet its oblieations tinder this Section. :Station Postings. Prior to the conunenccment o(BR"f Service on the Guideway, the City shall place and thereafter maintain signage at bus stops find stations itutructing the public to look for trains and to Cross the: railroad right-of-%v.ay only at designated public. crossings. Posted 14 O 62P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 signs must include a warning that crossing the railroad right-of-way at locations other than, designated p0blic.crossings is a violation of the Trespasser'Ordiiiance. SECTION.E: REPEAL OR NIEND!NIENT OF PORTIONS OF FORT COLLINS CODE City Code Sections 22-43' and'28-42 c:uirently require railway companies operating their railways on or in the streets u, the. City to pave and maintain that part of the street.lyina between the rails for such track and two feet outside each rail Section 28-=42 also requires ally such railway company to keep its track at the same level as the street on either side of the track. Since the BNSF track within Mason Street will be an open ballast track separated front N/lasoa Street by curb and gutter, except where intersecting trecis cross the BNSF tracks, these Ordinances/code sections will no loner be applicable. In the event that by May 31, 20l I, the City has failed to enact an ordinance toamend these ordinances and/or code sections as necessary to reflect the Projects effect on BNSF's tracks within iNlason Street, BNSF may terminate this Agreement immediately upon written notice to the: City. After May "31, 2011, ie the ordinance contemplated by this Section is repealed or is ineffective for any reason —and the City fails to enact a replacement orclinance satisfactory to BNSF within forty-five (45) days, the City must immediately cease all operations on tl,e Guideway and suspend all operations on the Guideway until the effectiveness of the ordinance contemplated by this Section is restored. SECTION F. AbIEND NG ORDINANCE NO. f9. 1877 iOrdinance No. 19. 1877 elated June 28; t877 granted to BNSF's predecessor in interest.. the Colorado Central Railroad Company, the perpetual ri"ht to build, construct, and operate a railroad track on a right of•way in and -through the. town, of Fort Collins through and along Ntason Street froin Laurel Street on the south end of town to Vine Street on the north cad of town. No specific width of the right of way i5 identified. In the event that by May 31. 2011, the City has failed to enact an ordinance to amend Ordinance No. 191• 1877 to provide a right of way width of ci_thteen (18) feet Ibr the entire length of the BNSF Nfason ROW. except for the segment between [ J aiul [ f during which the right of way width shall be fourteen (id') feet in order to accommodate a turn tatie for vehicular traffic on :/lason Street, BNSF miry terminate this Agreement immediately upon written notice to the City. From time to time at BNSF's request. ihe•City shall close the turn lane between [_I and [_I to vehicutar traffic in order to allow BNSF to use mechanized equipment to maintain the track. The amendment to the BNSF Mason ROW and street Closure contemplated in this Section shall be at no cost to BNSF. After inlay 31, 201 I, if the ordinance contemplated by this Section is repealed. or is ineffective for any reason,.and the City fails to enact.a replacement ordinance satisfactory to BNSF within forty-five (.45) days, the City trust ininidliately cease all operations on the. Guideway and Suspend all opetiitions on the Guideway until the effectiveness of the prclinance contemplated by this Section is restored. SECTION G. PUC APPLICATION The City shall mike all necessary applietitians to the Public Utilities Commission ((he :PUC") required in connection'\,vith the Project. B!\SF shall provide reasonable cooperation to 15 63P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 the City, at the City's sole cost and expense. in presenting all, matters involved to .tile PUC in connection -with the application. ARTICLE IV ADDITIONAL. PROVISIONS SECTION A. RELATED WORK I. Pedestrian Overpass and Underpass. In connection with (lie Project, the City will .construct it pedestrian underpass under BNSF s .right-of-way at Troutman Parkway and a pedestrian overpass over BNSF's right of way adjacent to the Natural Resources Research. Center, each at the location identified -in Exhibit 13=1 and Exhibit B-2 (collectively. the "Pedestrian Structures"). "File City and BNSF shall enter into in Overpass Agreement. substantially in the form attached hereto as Exhibit F and an Underpass Agreement, Substantially in the form attached hereto as Exhibit G for each such Pedestrian Structures. Among other provisions, the Pedestrian Structures Agreements sliall contain (i) a grant by BNSF to the City of necessary property rights for the construction and placeirtcnt of the Pedestrian Structures and (ii) requirements relating to the construction and maintenance of the .Pedestrian Structures, including requirements for insurance zinc! indemnification _relating to the. Pedestrian Structures-. The Pedestrian Structures shall be constructed in such a way as,to accommodate moditications.to BNSF's railroad facilities., including the: construction of additional tracks. 2. SiQnat Upgrades. In connection with the Project, BNSF and the City will perform. at the. City's sole expense, certain modifications and upgrades to the grade crossing warning devices at Harmony Road (DOT 4 244620N), Ftorsetooth Road (DOT #244622C), Swallow Road (DOT #039367U), Drake Road (DOT #244624R). Pitkin Street (DOT # 244628T) and University Avenue (DOT #244629A). The respective responsibilities of the City and BNSF and the terms and conditions applicable to the grade crossing si-nal work to be performed by the Parties are set forth in the Grade Crossing Signal Installation Agreements attached hereto as Exhibit FI-I (Harmony Roacl). Exhibit FI-2 (Horsetooth Road), Exhibit H-3 (Swallow Road), Exhibit H-4 (Drake Road), Exhibit. 1-I-5 (Pitkin Street) and Exhibit H-6 (University Avenue), which the City and BNSF will enter into contemporaneously with this Agreement. A detailed estimate of BtNSF'.s construction engineering, installation labor (including the costs, if any, of electrical service from a public iitility).and material costs required for each grade crossing signal project is attached as an exhibit to the applicable Gracie Crossing Sigmil installation Agreement. The respective cost estunates assume the City will provide BNSF with. electrical service and conduit packs at each crossing. In the event consu-uctiort for any grade crossing sional project has not commenced within ninety (90) days following the Effective, BNISF may. in its reasonable discretion, revise such applicable cost estimate. SECTION B. FEDERAL AID PROJECTS It is understood that the project herein Coll teniplated shall be financed in part from funds made available by the Federal Government .and, expended under Federal regulation:: that all plans, estimates of cost, specifications_ authorisations, awards o[ contracts", acceptances of work 16 64P • CONTRACT DOCUMENTS TABLE OF CONTENTS Section BID INFORMATION 00020 Notice Inviting Bids 00100 Instruction to Bidders 00300 Bid Form 00400 Supplements to Bid Forms 00410 Bid Bond 00420 Statements of Bidders Qualifications 00430 Schedule of Major Subcontractors CONTRACT DOCUMENTS 00500 Agreement Forms 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (Contractor) 00660 Consent of Surety 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC -A 00800 Supplementary Conditions 00900 Addenda, Modifications, and Payment 00950 Contract Change Order 00960 Application for Payment SPECIFICATIONS SOILS REPORT Pages 00020-1 - 00020-2 00100-1 - 00100-9 00300-1 - 00300-3 00400-1 00410-1 - 00410-2 00420-1 - 00420-3 00430-1 00500-1 00510-0 00520-1 - 00520-6 00530-1 00600-1 00610-1 - 00610-2 00615-1 - 00615-2 00630-1 00635-1 00640-1 00650-1 - 00650-2 00660-1 00670-1 - 00670-2 00700-1 - 00700-34 GC -Al - GC-A2 00800-1 - 00800-2 00900-1 00950-1 - 00950-2 00960-1 - 00960-4 W • 0 SECTION 00400 0 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors Section 00430 Page 1 COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 11 and procedures ingeneral are subject at all times to all Federal laws, rules; regulations, orders and approvals applying to Federal,projects. SECTION C. COST TO BNSF Pursuant to 49 CFR 1.48, and in accordance with part 646.210b(1) of'23 CFR•, it is determined that the improvements herein provided will rlol: result ill aSCertai'n,,ible benefits to BASF, and that consequently liability for the costs thereof shall not be required of BNSF, SECTION D. CANCELLATION In the: event. deltiys or difficulties arise ill Secifring Necessary aplir0VIIS, or ill £icquirin« necessal'V r_ht of way. Or ill Setlllll- darna,'es at- damage claims, or for any other reason,. which, in the opinion ofthe, City render it impracticable to utilize funds front the current appropriation for the construction of the Project, trier at any time before, actual construction is started pursuant toproper ;i ,proval Or L'R[hOriLV, the City may serve Corneal notice ol'Cancellation upon BNSF and this Agreement shall thereupon become null and void. In the event of such cancellation, the City Will reimburse BNSF for all related preliminary engineering=costs incurred prior to the effective cancellation date. V SECTION E. TERMINATION • No termination or expiration of this Agreement shall release either Party from any tiabi(ity or obligation under this Acli•eenleiit, whether indemnity or otherwise, resultine, from anv 'lets, omissions or events happening_ prior to the date of such termination or cancellation. In the event of earlyternliiiation of this:A,reelilent by the City for any reason; BNSF find. subcontractors shall in no event he entitled to any prospective profits or reimbursement Of prospective overhead and general expenses, administrative expenses, or dalilages, (whether indirect, incidental, consequential or otherwise) because OI such termination. SECTION F. ,l ERFORNIANCE OF WORK: CHANGES All Work contemplated in this Agreement must be performed in it &ood and workmanlike manner anct each .portion niu.5t be promptly commenced by the party obli,ated hereunder to, perform the same and thereafter diligently prosecuted to conclusiOn in its logical order and sequence. Furthermore, any changes or modifications during construction which affect BNSF Will be subject to.BNSF's written approval prior to the conunencement of inly Such clian«es nr niodifications from the BNSEProject 1Manager.. The City must retluire its sdntractor(s:) to reasonably adhere. to the Pr0jec['S cOnstructioil schedule for het City Work. The peuties hereto rillltualiy agree that BiNSF's f',iilure to compleie the Railroad Work or Project Work .in accordance with the amsu uction schedule due to inclement weather or utiforeSeen railrpad• enler2c116es will not constitute a breach of this Agreement by BNSF and will not subject BNSF to any liability: Regardless of the requirements 17 65P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 of the construction schedule, BNSF reservesthe right to reallocate the labor Forces ❑ssi6ned to complete the Railroad Work or Project Work performed by BNSF in the event of an emergency to provide For the immediate restorationof railroad operations (BNSF or its refined railroads) or to protect person` or property on or near any BNSF owned property. BNSF will not be liable for any additional costs or expenses resulting from any such reallocation of its labor Forces. The parties mutually agree that any reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation «ill not constitute a breach of this Agreement by BNSF. Nc change sha II be made in the. Rairoaid Work which will alter the character or scope of the Railroad Work without prior written authorization From the City. BNSF shall be responsible for cost increases rest116112 from unauthoi'ired changes fn said Railro,10 Work. SECTION G. SUCCESSORS AND ASSIGNS: TRANSFER AIL of the covenants and provisions hereof shall inure to the Benefit of and .be binding upon the parties hereto, their successors and assigns. The City may only assi n its ritlk.S and obligations under this Agrcement to a governmental entity designated or delegated by the State of Colorado or by applicable. state law that IiaS succeeded to and asswned, in writing, all of the City`s right, title and interest in and to this Agreement. SECTION FL "CERNINATION OF PREVIOUS AGREENIEN-f S Pursuant to that certain Lease (Lease No. 5496), dated September 10. 1974. by and between the. Colorado and Southern Railroad Company (a predecessor to BNSF) and the Colorado State Board of Agriculture (the governing board of Colorado State University ("CSU")„ BNSF granted an easement to CSU between milepost 72.9 and milepost 73.54, within the campus of CSU (the "CSU Easement"'). Contemporaneously with the execution of this Agreement, the CSU Easement shall be terminated and replaced with an easement covering only the property within CSU`s campus that is not included in the Easement. The new CSU easement shall contain terms acceptable to BNSF and commensurate with similar casements eranted by BNSF. SECTION 1. CITY APPROVAL; AVAILABILITY OF FUNDS This Agreement shall not be deemed valid until it shall have been approved by the City Manaaer. Financial obligations of the City of.Fort Collins payable after the current fiscal Year are contingent upon funds For that purpose being appropriated, budgeted. and otherwise made available, In the event the City Fails to appropriate,.budget, or otherwise make available fundS to fulfill the obligations contained in this Agreement, the City Shall immediately Suspend operation of the BRT Service on the Guideway until funds are matte available for the City to satisfy its ohliL,ations, including all obligations accruing before or during the Lillie of suspension. In the event the suspension of BRT Service on the Guideway lasts for a period of six (6) months, the IS ..- ,9 COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 0 Easement shall terminate and the Cit_v shall be ,required 'to restore (.lie BSNF Property in accordance Nvith Section 9 of the Easement Aureenient, SECTION J, NOTICE Except as otherwise provided for herein: any noiice provided for 'or concerning this agreement shall be in writing and be deemed Sufficiently given when sent by certified mail, return receipt requested, to the parties at the following addresses:. To City: Ffelen.V'livchelbrink. Cily Ensineer City of- Fort Collins Engineering Department 28l North College Avenue Fort Collins, Colorado 80,522 To.BNS F: Andy Amparan Manager, Public Projects • BNSF Railway Company 45 L 5 Kansas Avenue Kansas City, KS 66I06 • SECTION K. ANIENDNIENTS Except as otherwise expressly provided' in this Agreement, no waiver, modification, addition, or ,amendment to this Agreement shall be of any force or effect unless reduced to writing executed by the authorized officers or agents of each Party. SEC`fION L. SEVERABILITY IF any t&ni, covenant, condition, or provision of this Agreement, or the applicdtion thereof to any person or ClreunaSM11CC:, is found to be invalid or unenforceable in any respect; the remainder of this Agreement, and the application of such term or provision to other persons or circumstances nevertheless Shall be binding with the same. effect as if the -invalid or unenforceable provision were ork,,imilly deleted. The Parties agree to bargain in good faith to reform this Agreement or replace any .invalid or unenforceable provision with a valid tuul enforceable provision that comes as close as possible to the intention of the iii-valid of unenforceable provision. IF (lie invtilid or unenforceable term, covenant, condition or,provision is contained in Section (IIf)(E) of this J\greement, then BtNSF may require the City to suspend all Of its activities on the. GuidewaY tuttit such time as the Parties agree on a valid and enforceable substitute term, covenant, condition or .provision that will provide BNSF with the equivalent 19 67P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 0 level of protection against those claims and clamages (including environmental claims and clanlage.5) for which BNSF is to have'CeeOUrSe under this Agreement. SECTION M. APPLICABLE LAWCF1OICE OF FORUNI The laws of the United States of America ;roil, to the extent not preempted by federal law, the laws of the State of Colorado shall govern the. interpretation of this Agreement., the relationship of the Parties under this Agrecment and all disputes relating to the matey; stated in this Avrecrnent, without regard to the choice: of law principles or that State. Litigation arisirig Out of or in connection with this Agreement may be instituted and maintained only in the Federal courts located in the Stale Of Colorado, do long as jurisdiction is proper in such counts, and the Parties consent to the exercise by those eoiirts of jurisdiction over their person, mid cohseilt to service of process issued by such courts. The venue for any action rclatinu to this Agreement shall be in the U.S. District Court, District of Colorado. SECTION N. SURVIVAL Any and all provisions or obligations contained in this Agreement that by their nature or effect are. required or intended to be observed, kept, or performed after termination of this Agreement will survive the termination of this Agreement. It is mutually understood and agreed that the allocations of liability. releases, and indemnifications under this Agreement shall survive tiny termination of this Agreement.. SECTION O. PREPARATION • The Parties and their legal' egunsel have cooperated in the drafting of: this Agreement. Accordinuly. this. Agreement shall be deemed the joint work product of the Parties and not be construed against either Party by reason of such preparation: SECTION P. TFI[RD PARVY BENEF[C[ARIES This Agreement is intended for the sole benefit of [lie .Parties hereto. rvothin, in this Agreement is intended or may be construed to give in), person or entity, other than the Parties hereto;. their pernlittect successors, and permitted assigns, any legal or equiitable right, remedy. or claim under this Agreelilent. SECTIONQ. HEADINGS The section headings of this Agreement are for convenience tint[ reference only and in no way define, limit or describe the scope or intent of the section gr this Agreenteru: _() M. • COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 • SECTION R, COUNTERPARTS This Agreement may be exeoutedin one of more caunterparts, each of v,hich shall Lie deemed to be an original„ and such counter[iartS toecther shall constitute one and the same: insn•ument. SECT(ON,S. ENTr.RE AGREENIENT This Agreement (including exhibits and other doannenlS, manuals. etc. incorporated herein) is the full and complete agreement betwec;n BNSF zinc[ the City with respect to the subject matter herein and Alpersedes .any an([ all other prior agreements between the Parties. [S{ghaturc page followsl • 0 ,, COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 IN WITNESS' WHEREOF, the parties hereto have caused this Agreement.to.be executed .and attested by itsduly qualified and authorized officials as of the .day and year 'first above - written. CITY OF FORT COLLINS, LORADO By Darin Atteberry City Manager City of Fort Collins 2$4 North College Fort Coll ins,. CO 80522 BNSF RAILWAY CO Im Attest le Federal Employer Identiiicatibn N6.. a 1-6034000 4515 Kansas-Avenuc Kansas City, KS 66.106 70P • • • COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 CJ • 0 't, x fuirr c' O,Nimftms3,Ab i &icier-' [atta, ghccl i' 71P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 UivDE PASS AG'RCENIL, NT BNSF File\o.Tvoutman Underpass. Troutman Road [led underpass. U:S. D.O.'r. No. 92905JU This Agreement (` Agreement" ); is CXMIted to be effective as of this 22nd clay of March, 2011 ("Effective Date"), by and between. BNSF RAILWAY COiMMNY, a Delaware. corporation ("BNSF"), and the CITY OF TORT COLLINS, a political subdivision of the State• oECOLORADO ("Agency"). RECITALS: WHET EAS, BNSF owns and•operatesa line of railroad'in and through the City of fort Collins, State of Colorado; WHEREAS. Agencv desires to improve pedest'Han-access across the existing BNSF mainline by constructing a new crossing at separated grades to be kno-vJn as the Troutman Parkw,* Pedestrian Underpass, D.O: f. No, 929053U; 0 NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the rCeipt and sufficietcy of which are hereby acknowledged. [tic parties agree as follows: • ARTICLE I -.SCOPE Of WORK. l: `fhe term "Project" as used herein includes any and all work'related to the C0115trUction of the proposed Troutman Parkway Pedestrian Underpass (hereinafter referred to as the "Structtu•e"), more particularly described on the. Exhibit A attached hereto and incorporated. herein, including, but not limited .to, any and all changes to teleplione; telegraph. signal and electrical lines and appurtenances, temporary and permanent track work, fencing, grading; alterations to or new construction or drainage, facilities, preliminary and construction engineering and contract preparation. Prior to coil] letion of the Structure. Agency.must seetre the construction site and surout-�nding area at all. times in order to prevent unauthorized pedestrian crossing ofthe BNSF tracks: ARTICLE 11 — BNSF OBLIGATIONS Ili consideration of the covenants of Agency set forth herein and the faithful performance thereof .BNSF agrees as Follows: L In consideration of the taithrul performance of the Agency's covenants contained herein, BNSF hereby grants to Agency, its successors and assisns:upoh and subject. to Lhe terms and conditions set Forth in tlris Agreement, a temporary non-exclusive license (hereinafter called, Tonn 0165 Rcv. 0611WO • 72P COLORADO PROJECT NO. AOC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 • "Temporary Construction License") to construct the Structure across or upon tile: portion of BNSF's right-of=wav described further on'Exhibit A, excepting and reserving BNSF s righis, and the. rights of any others .who have obtained, or may obtain; permission or authorize from. Mt SF, to do the tollowing: (a) Operate, maintain, renew and/or relocate any and all existing railroad tract: or tracks, wires. pipelines and ocher facilities of like character upon, over or tinder the surface of -said right -of =way; (b) Construct, operate, maintain —renew and/or relocate upon said right•of-way, lvithout limitation, such facilitiesas the BNSF niaiy from time to liOne. deem <tf�propriatc, provided such facilities do not materially interfere with the .Agency's use of the Structure: (c) Otherwise use or operate the right -of -wily as BNSF may From time to time deem appropriate; provided such use Or operations does not materially Puberfere with the Agency's use of the Structure. (d) Require the Agency or its contractor to execute a Temporary Construction •Crossing Agreement, for any temporary crossing requested 10 aid in the consirueticn.of this Project. Prior to commencing any work on BNSF's property or right-of-way. Agency must satisfy the payment obligation set Furth in Article tf(A)(2) of the Construction and Maintenance • Agreemeit (the "City Payment Obligation") executed by the Parties. "file term of the Temporary Construction License begins oat satisfaction of. the City Payment Obligation and ends on the earlier of (i) substantial completion of the. Structure, or (ii) hventy-four (24) months Tollowinig satisfaction of the City Payment Obligation, The: Temporary Construction License and related rights given by BNSF to Agency in this provision. are without warranty of title of any kind, express or implied, and no covenant of %varranty.of title.will be implied from the use of any word or wordsherein contained, "File Temporary Construction License is four construction of the, Structure only and shall not be used by Aeencv for anyother purpose. Agency acknowledges and agrees that Agency shall not have die right, under tilt "Temporary Construction License; to use. the Structure. In the. event Agency is evicted by anyone owning, or claiming title to or anv interesbin said right-of-tvay, BNSF will not be, liable to Agency for any damages, losses or any expenses of any nature whatsoever: The, granting of similar rights to others, subsequent to the [late of this Agt•eetnent, will not impair or -interfere with the rights granted to Agency herein, Upon receiving the payment from Agency described in the preceding paragraph and provided A«ency is in compliance with the terms and conditions of this Agreement, BNSF•wiil grant to Agency, its successors and assigns, an easement (hereinafter called, the "Easenietit") to enter upon and use that portion of BNSF's right-of-way as is necessary to use and maintain the Structure, substantially in the form of Exhibit B attached to this Agreement. 2 BNSF avilt furnish all labor, rnate6als, tools, and equipment for railroad wort: required For the construction of the Project. such railroad work and the estimated cost thereof being as. shown oil Exhibit D attached hereto and made a part stereo[. lra the e:.verit construction on the Project has not commenced within six (6) nionths following the Effective Date; BNSF rriw, in its Egon 0.1C75 Kc�1 ao:o 1IOi. 73P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 so le: and absolute discretion, revise the cost estimates set forth in said Exhibit D. Iit such event; the revised' cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on .Exhibit D riot specifically mentioned therein may be included as a partof this Agreement upon written appl°oval of.Agency, which approval will riot be unreasonably kvithheld. 3. BNSF will do all railroad work set forth in Article It. Section 2 above on an actual cost basis, when BNSF, in its sole discretion, determines it is required by its labor agreements to perform such work with its own employees working under applicable collective bargaining agreements. 4, Agency agrees to reimburse BNSF for work of all emergency nature caused by Agency or Agency's contractor in connection with the Project which BNSF deems is: reasonably necessary For- the immediate restoration of railroad operations, or for.the protection of persons or BNSF properly. Such work may be performed by BNSF without prior approval ofAQencv and Agency agrees to fully rcimbursc.BNSF.for all such emergency work: 5. Bi`ISt' may charge Agency for insurance expenses, including self-insurance expenses, when such expenses cover thecost of Employer's Liability (incl,uding. -without limitation; liability under the Federal Employer's Liability Act) in connection with the construction of the Project. Such charges will be considered part of the actual cost .of the Project:., regardless of. the nature or amount of ultimate. liability, For injury, loss or death to BNSF's employees;. i IF -any. 6. During. the construction of the Project; BNSF will send Agency progressive invoices detailing the costs of the railroad work performect by BNSF under this Agreement. Agency must reimburse BNSF For completed force -account work within thirty (30) days of the date of the • invoice for such work. Upon cornpletion of file Project, BNSF will send Agency a detailed invoice of final costs, segregated- as t& labor and materials for each. item in the recapitulation shown on Exhibit D. Pursuant to this section and- Article IV, Section 7 herein. Agency trust pay the final invoice within ninety (90) days of the elate of the final 'invoice. BNSF will assess.:i finance. charge of .033% per clay (12% per annum) on any unpaid sums or other charges dire under this Agreenent which arepast its. credit terms. The finance charge continues to accrue drily until the elate payment is received by MNSF. not the date payment is made or the date postmarked on the payment: Finance charges will be assessed ore delinquent slims and other charges as of the end of the month and will. be reduced by.amounts in dispute and any _inposted payments received by the montWs end. Finance charges will be. rioted on invoices sent to Agency under this section. ARTICLE .l[[—AGENCY OBL[GAT[ONS [n consideration of the covenants of BASF set forth herein and thetaithful performance thereof. Agency agrees as follows: 1. Agency must furnish to PINSFpians and specifications for the Project. Four sets ofsaid plans (reduced size .I P x 7'), together with, two collies of calculations. and two copies of n specifications in hglish Units: must be submitted to BNSF for, approval prior to comntencenieni of any construction. BNSF will live Agency Final written approval of the plans and specifiCtions substantially. in the form of Exhibit E attached to this Aurecnient and made a J 74P Rimy a 10i P.C%% 115i4!;45 10 0 SECTION 00410 BID BOND KNOW ALL MEN 17Y THESE PUSENTSt that we, the undersigned Structures Inc. —_ as Principal, and Western Surety Com)anv as Surety, are hereby held and firmly bound unto the 'City of Fort Collins, Colorado, as OWNER, in the sum of $ 5% for the payment of which, well and truly L• be made, we hereby jointly and severally bind ourselves, successors, and assi5ns.. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid ant hereby made a part hereof to enter into a Construction. Agreement for the constructs*n of Fort Collins Project, No. 7338 - Troutman Parkway Grade Separated Crossing NOW THEREFORE, (a) I£ said Aid shal.l 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 Aid, 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. Section 00410 Page 2 0 COLORADO PROJECT NO. AOC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 /0 part hereof.' Upon _BNSF's final written approval of the. plans anti specifications, snit) plans,and specifications will become part of this Agreement and are hereby incorporated herein. Any approval of the plans and.specifications by, BNSF shall in no 'way obligate, BNSF. in any manner with respect to the finished product design and/or construction. Any approval by B`'SF'shall mean only that the plans and specifications meet the subjective stanclards of RiVSF, , i( such approval by BNSF'shall not be cleaned to inean that tile plans and specificltions.or construction is structurally sound and appropriate or that such. plans and specifications meet applicable rMllatiorts, laws, statutes or local ordinances and/or building codes. 11. Agency must make any required applicatioui and obtain will required permits and approvalsfor the construction of the Project. 3, Agency must provide for and maintain minimum vertical .and horizontal clearances, as required in.Exhibit. C and -as approved by BC'SF as part of Cite plans and speciticatians for the Project., 4. Agency must acquire all rights of way necessary for the const•uclio.ri of the Project. 5. Agency must make any and all ,arrangements; in compliance with BNSF's Utility Accommodation Manual attached hereto as Exhibit X, fin• the installation or relocatiot of wire lines, pipe lines and other facilities owned byprivate'persons, companies, corporations, political sr bdivisions or public utilities other than:BNSF which may benecessary for the construction of the Project. b, Agency trust construct the Project is shown on the attached Exhibit A and (to all work ("Agency's Wort.") provided for in the plans,and Specifications for the Project, except railroad work that will be performed by BNSF, hereunder. Agency must furnish all Iabor, materials, tools and equipment for the performance of Agency's Work. The principal elements 0f Agency's Work are as follows: (a) Construction of the Structtn•e; (b) All necessary grading and paving, including backfill of cxcavations and restoration of disturbed vegetation on BNSF's right-of-way; ('c) Provide suitable 4lrainage, both�tempbrary and permanent; (d) Provide appropriate pedestrian control during con9tructign; (e) Job site cleanup including rei4toval oral] construction materials; concrete debris. surplus -soil. rc[iuse, contaminates( soils, asphalt debris, litter and other waste - materials, to the,satisfaction of BNS.F. 7, Agency must apply and maintain said D.O.T. Crossing niunber 92905JU in a conspiciuous location on the Structure. S. Agency's Work must be,perfornled by Agency or Agcncy's contractor in a manner that will not endanger or interfere with the -safe and timely operatigns of 13NSC` anii its facilities. 75P Vomi 0105 Rev.OBttni05 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 9. For any future inspection or inainteniance, either routineor othenvise, .,performed by Subcontractors on behalf of the Agency, Agency shall require. the subcontra'ct6rs to execute Exhibit C and Exhibit C-1. Prior to performing any flttttrc maintenance with, its own personnel, Agency -shall: comply with all of BNSF's applicable safety rules and regulations; require any r\gency employee performing maintenance to complete the safety training prog_>ram at the 13NNSF's Internet Website "contractororientation.coni'; notify BNSF when., pursuant to the, requirements of Exhibit C, a flagger'is required to be present; procure. and have approved by $tiSF's Risk N[anagernent Department, Railroad Protective. Liability insurance. 10. Agency must require its coIWactor(s) to notify BNSF's :Roadmaster at least thirty (i.0) calendar days prior to requesting a BNSF flagman in accordance with; the requirements of Exhibit C attached hereto. Additionally. Agency must require its contractor(s) to notify BNSF's Nfana,er of Public, Projects thirty (10) calendar days prior to commencing work on B\SF property or near f3\tSF tracks. It. Agency or its contractor(s) must submit, four (k) copies of any plans (including two sets of calculations. in English Units) for proposed shoring; falsework or cribbing to be used over, under, or adjacent to BNSF's tracks to BNSF's Manager of. Public -Projects for approval. The shoring, falsework or cribbing used by Agcnicy's contractor shall comply with the BNSF Bridge Requirements set forth oil .Exhibit-F and all.applicable requirements prontulgated by state .and federal agencies, departments; commissions and other legislative. bodies. 12. ;ygency must include the F011pt-ving provisions in any contract with 'its contractor(s) performing vvork on said Project: ('a) The Contractor is placed on notice that Fier optic, conununication and other cable lines and systems (collectively, the `Lines") owned by' various. telecommunications companies may,be buried. on BNSF's property or right-of- way. The locationsof,these Lines. have been included on the plans based on information From tilt telecommunications companies. The contractor will be responsible for contacting BNSF's Engineering Representative (307-432- 7363), BNSF's Si -fiat Representative (303-480-6339), and the telecommunications companies and notifying them of any work that may damage these Lines or facitities -and/or interfere with their service. "fhe contractor.must alsp mark till Lines shown out the plans or.marked in the field in order to verity their- locations. The contractor must also use all reasonable methods when working in the BNSF right-oE=way or on BNSF property to determine irany other Lines (fiber optic; cable. a)mmunication or otherwise) may exist.. (b) The ConWactor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Contractor must cooperate Fully with any telecommunications company(ics) in performing such rearrangements. 5 76P FonnUIOSRav,O(/�In15 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 It� (c) Failure 'to mark !or identify these Lines will be sufficient cause .For BN.SF's enurneehng representative (307-432-7363)� to slop construction at no cost to the Agency or BNSF until these items are completed. (d) In addition to the liability. terms contained elsewhere in this Agreement, the contractor liereby inclemnifies; defends.and holds harmless BNSF for, front and against all' cost, liability; and expense whatsoever (including, without limitation, attorneys tees and_ court costs and expenses) arising out of or in any way contributed to by ally act or omission of Contractor, its subcontractors, amitsancUor employees that cause or'in any way or clegree contribute to (1) any damageto or destruction of any Lines by Contractor; and/or its subcontractors,: agents and/or employees; on BNSF's property or within BNSF's rid, ht-of=way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents property or within. BNSF's right-of=way; and/or. and/or employees, on BNSP's (3) any claim or cause of:actico foie alleged loss of profits or revenue by, or loss of service by a customer or user of such telecoinrntuhication company(ies).THE LiABTLITY ASSUN ED BY CONTRACTOR WILL NOT BE AFFt CTED BY THE :FACT; IF' 1T IS A FACT, TEIAT T}IE• DANTAGE, DESTRUCTION, INJURY, DEATH, CAUSE; OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF [3NSF, ITS AGENTS; SERVANTS, ..EbIPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLMMS ARE PROKIiVIA'['ELV CAUSED BY TffE INTENTIONAL tNIISCONDUCT OR GROSS NEGLIGENCE OF.BNSF. 13. Agency must require' compliance with the obligations set forth .in this agreement, including E'diibit C and Exhibit C-1, and incorporate in each prime contract for constructioi'l of the Project, or the specifications therefor (i) the provisions set forth in Article 111 (6) the provisions set forth in Article IV; and (iii) the provisions set torth in ;Exhibit C and. Exhibit C-1 attached hereto and by reference made a hurt hereof. 14. Except as otherwise, provided below in this Section 14;.a11 constrLIC60 t work perforrned hereunder by Aggency for the Project will be pursuant to a cottract or contacts to be let by Agency, and all such contractsmust include the following: (a) All work performed under such contract or CGIIWacts within the: limits of BNSF's. right-of-way must be per•for7ned in a goad artil workmanlike manner- in accordance with i huis and specifications approved by BNSF; (b) Changes or rroditications during construction that .affect safety or• BNSF Operations must be scibject to RNSFs approval, (c) No work will be commenced within BNSF's right-of-way until. each of the prime contractors employed in connection with said work must have (i) executed and delivered to BNSF a letter agreement in the form of exhibit C-L !md (ii) delivered to and secured MSPS approval of the requi'rcd insurance; and 6 77P Fom 0105 Rev. 06M."03 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 (d) '[o facilitate scheduling for the Project, Agency shall have its contractor give BNSF's representative (307-432-7363) 30 days advance notice of the proposed times and dates for work windows: BASF and Agency's contractor will establish mutually agreeable work windows for the Project. BNSF has the. riglitat.any time to revise or changc the work windows, due to train operations or service obligations, BNSF will not be responsible for any additional costs and expenses resulti'ug from _a dh:inge in work windows. Additional costs and expenses resulting from a change in %vork windows shall be accounted for in the contractor's expenses for the Project'. (e) The plans and specifications for the Project must be in compliance with the Bridge Requiremefits set forth on Exhibit E, attached to this Agreement and incorpotated'herein. 1,5. Agency must advise the appropriate BMSF Manager of• Public Projectsin writing, of the completion date of the Project -within thirty (30) daysafter such completion,date. Addicionally, Agency must notify BNSP's iNfanager of Public Projects, in writing; ofthz date on which Agency and/or its Contractor will meet with BNSP for the purpose of imaking filial inspection of the Project. 16. TO TILE FULLEST EXTENT .PERMITTED BY LAW, AGENCY HEREBY RELEASES, INDEMNIFIES, DEFENDS AND HOLDS .HARMLESS BNSF,. ITS AFFILIATED CONIPANIES, PARTNERS, SUCCESSORS, ASSIGNS. LEGAL RE R+:SENTAI'IVLS, OFFICERS, :DIRECTORS, SE[ARETIOLDEItS, EtvH'LOYEE;S AND AGENTS FOR, MINI AND AGAINST ANY AND ALL CLAIMS, LTABILITIES, FINES, PENALTIES, COSTS, DANIAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGKENTS AND EXPENSES (INCLUDING, WITHOUT MMI'TATIOiY, COURT COSTS AND ATTORNEYS` FEES) OI': ANY -NATURE, KIND OR DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIil9ITATION, THE EMPLOYEES OF THE PARTIES HERETO) OR ENTITY .DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART) (1) THE USE, OCCUPANCY OR PRESENCE OF AGENCY, ITS CONTRACTORS; 5U[3COyTRACTORS, 1 tNIPLOYEES OR AGENTS IN, ONi OR ABOUT TILE CONSTRUCTION SITE, (R) THE FERF010 ANCE, O.R. FAILURE TO PERFORM BY THE AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, :EMPLOYEES, OR AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (111) THE SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, .OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (IV) AGENCY'S .BREACH OF THE T.ENIPORARY CONSTRUCTION .LICENSE OR EASENIENT GRANTED TO AGENCY PURSUANT TO ARTICLE If OF THIS AGREEMENT, (V) ANY RIGHTS OR INTT:RESTS C.RANTED TO AGENCY PURSUANT TO THE 'rENmPnRARY CONSTRUCTION LICENSE OR EASEtVIENT DISCUSSED IN ARTICLE If OF THIS AGREENIEiN"T, (VI) AGENCY'S OCCUPATION AND USE. OF BNSF'S PROPERTY OR RIGHT-OF-WAY, INCLUDING, WITHOUT Lf- IITATIOiN, SUBSEQUENT MAIiVTENANCE OF THE STRUCTURE BY AGENCY, OR (VTT) AN ACT OR O-NUSSION OF AGENCY OR'ITS OFFICERS, AGENTS, [NV[TEES, EtY1PLOY F.ES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EAMPLOYED BY ANY Parm 010i Rev 060110? 0 7 78P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 OF'THEtbi, Ott ANYONE THEY CONTROL OR EXERCISE CONTROL, OVER. THE LIABILITY ASSUMED BY AGENCY WILL NOT BE AFFECTED BY TE(E FACT, IF IT IS A FACT, 'THAT THE DAMAGE, DESTRUCTION,, INSURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS' AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO TtIE EXTENT THAT S.UCFI CLAIMS ARE PROXIM.ITELY CAUSED BY THE IN`I'ENTIOiVAL. JIISCONDUCT OR GROSS NEGLIGENCE OF BNSF. 17. Agency must give BNSF's,Manager of Public Projects -written notice to proceed ("Notice to Proceed') with the railroad work after receipt of necessary funds for tile! Project. BNSF will not begin the railroad work (including; Without limitation, procurement OfsupplieS, equip ne_nt or materials) until written notice to proceed is received from Agency: ARTICLE IV — JOINT OBLIGATIONS IN CONSIDERATION of the prgplises, (lie parties hereto mutually agree to the Following: I. All work contemplatcd in this Agreement must be performed in a,good and workmanlike mariner and each portion must be promptly commenced by the party obliated hereunder to perform the same and thereafter diligently prosecuted to conclusion in its logical order and Sequence. Furthernlore, any changes or modifications during construction which affect BNSF will be subject to 'BNSF's written approval prior to the comniencement, of any such changes or modifications from the BNSF Project Manager. • 2. The work hereunder must be done in accordance with the Bridge Requirements set forth on .Exhibit F and the detailed plans and specifications approved by BNSF. 3. .agency most require its contractors) to reasonably adhere to the Project's. Construction schedule for all Project work. The parties hereto mutually agrec:that BNSF's failure to Complete the railroad work in accordance •with the cotistructioli schedule due to inclement weather or unforeseen railroad emergencies will not constitute. a. breach of this Agreement by BLLNSF and. Will not subject BNSF to any liability. Regardless .of the requirements of the construction schedule. BNSF reserves the right to reallocate the.'htbor forces assigned to complete the railroad work in the event of an emergency to provide for theimmediate restoration of railroad operations. (BNSF or itsrelated railroads) -or to protect persons or property on or near any BNSF owned property. HNSF will not be liable for any additional costs or expenses resulting from any s!ich reallocation of its labor forces. The parties mutually- agree that any reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect.consefluences or costs resulting from.any such reallocation will not constitute a breach ofThie Agreement by BNSF. In the event BNSF exercises its right to reallocate labor forces pursuant to this paragraph, BNSF and the City shall mutually agree to aillCild the construction schedule at no additional cost to the City. 4. BNSF will have the right to stop construction wor!: on the Project if any OF the following events take place: (i) Agency(orany of its contractors) performs the Project work in a.rllanner contrary to the plans and specifications approved by BNSF; (ii) Agency (or any :of ifs contractors), in BNSF's opinion. prosecutes the Project wort: in a manner which is hazardous to BNSF property, EIcilities al: the safe anti exDCditious movement of railroad traffic-, (iii). the insurance described in the attached Exhibit C-1 is Canceled during the course of the_Project; or 3 79P t'a,n 0105 f ev. 06'0I i0s COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 (iv) Agency fails to pay BNt St" for the 1'etnporary Constnrctioii License or the Easement purstant to Article If, Section I. of this Agreement. The -work stoppage will continue until all necessary actions Are taken by Agency or its contractoi-,to rectify tile, situation to the satisfaction of BNSF's Division Engineer or until additional insurance hasbeen delivered to and accepted by BNSF. to tile event of.a breach of (i) this Agreement, (ii) the 'temporary Construction License, or (iii) the Easement. BNSF may immediately terminate the Temporary Construction License or. the Easement. Any such work stoppage under thi's provision will not.dive rise to any liability on the part of BNSF. BNSF's right to stop the work is .in addition to any outer rights BNSF may have includihL,. but not limited to, actions or suits for damages or lost profits. In the event that BNSF, desires to stop construction wort: on the Project, BNSF agrees to immediately notify the following individual in writing: Helen Nligchelbrink, City Eligineer City of fort Collins. Engineering Department 281. North Coileae Avenue Fort Collins, Colorado 8.0522 5. Agency most supervise and inspect the operations o.f all Agency contractors to assure compliance with tine plans and specifications approved by BNSF, the terms of this Agreement and all safety requirements of the BNSF railroad.. if BNSF determines that proper supervision and inspection is not being performed by Agency personnel it any time during construction of the Project„ BASF has the right to stop construction (within or adjacent to its operating right-of- way). Construction of the Project will not proceed until Agency corrects the situation. to BNSF `s reasonable. satisfaction. If BASF feels the situation is not being corrected in an expeditions manner, BNSF will immediately notify City Enguteer for appropriate corrective action. 6. intentionally omitted. 7. Pursuant to this section and Article ll,.Section 6 herein, Agency must; out of funds made: available to it for tile -construction of the Project; reimburse BNSF in. full :for the actual costs of all work performed by BNSF under this Agreement. 8. All expenses detailed in statements sent to Agency pursuant to Article;11, Section 15 herein will comply with the terms and provisions of tile, Federal Aiid, Highway PrOgram Ilatitnal, U.S. Department of Transpatation, as amended from time to tinie, which manual is hereby incorporated into and made a. part of this .Agreement by reference. The parties mutually agree that BNSF's preliminary engineering,design, and contractprepaeation costs described in Article II, Section 2. herein are part of the costs of the Project even though such work may have preceded the: date of this Agreement. 9. The parties mutually agree that no conso:uctiOn aCivitics for the Project; nor future maintenance of the Structure once completed; will be permitted during the fourth quartet•: Of each calendar year. Emergency work will be permitted only upon prior notification to. BNSF's Net<yorF: Operations Center (telephone number: 800 832-5452). 'File parties hereto !mutually understand and agree that trains cannot be Subjected to delay during this time period. 9 .1' Fotill 0105 R_cn,li6f(IUO? COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 • 10. Subject to the restrictions imposed by Article IV, Section 9 above, the construction of the. Project will not commence until Agency gives BNSF's Yla0ager of Public'PrQiects thirty (30) days prior written notice 0f Stich cornmencement. The commencement notice will reference. .BNSF's•file number 929053U and D.0'r. Crossing Nlo. 929mlJ and. must state, the. time Lhat construction activities will bealn. I k In addition to the terms and conditions set forth elsewliere'in this ALreement, including, but not limited to, the terms and conditions stated in Exhibit F. B\SF and Agency agree to the Following terns upon'comp'letion of construction of the Project: y (a) B 4SF will. at its sole cost and expense, accept, own. and maintain its roadbed, track, any access.gates installed pursuant to the Project, railroad_: drainage, and alt other railroad facHities. (b) -Agency will own and maintain, at its sole cost and expense; the Structure; the approaches. and appurtenances thereto; lighting, drainage and .any access walkways to BNSF gates installed pursuant to this Agreement. BNSF may, at its option; perform maintenance on the Structure in,ordcr.to avoid conflicts with train operations-. BNSF will notify \gency prior to performing any such maintenance on the Structure. In the event such maintenance involves emergency repairs, BNSF will notity Agency at its earliest opportunity. Agency must Ailly reimburse BNSF for' the costs of maintenance pet'.fgnmed by' BNSF pursuant to this subsection (b).. • (c) Agency must, at Agency's sole cost and ckpense, keep the Structure painted and free from graffiti.- (d) Agency agrees to reimburse BNSF for the cost of track surfacing due to settlement caused by the coilstritetiori of the Structure for a period not to exceed, two (2) years from foie date of Final inspection pursuant to Article IT[, Section14.. (e) Agency must provide BN1SF with any and' all necessary permits and maintain pedestrian traffic contr•ots: at no cost to B14SF, whenever rcquested-by BNSF to allow QNSF to inspect the Structirr_e.onto•make emergency repairs thereto, (t) It is expressly understood by Agency gird BNSF that any right to install utilities'. will be governed by a separate permit or license agreeirtent between the panties hereto. `rhe Agency will install safety lighting associated with the Structure. (g) Agency must keep the Structure and surrounding areas.clean and frce.from birds; scavengers, vermin, and other animals. (h) If Agency (including its contractors •and, agcnts)' 0r :BNS, F on. behaIC of Agency, pertorms (i) alterations or modifications to the Structure, or (ii) any maintenance: or other %work on the Structure with heavy tools, equipment or machinery .at ground. surface level horizontally within 25-0" of the centerline of die nearest track, or (iii) any inakitenance or other work to the sttperstruchrre of the Structure, • Fenn 0105 7ev. C6)0 tr0i 1.0 81P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 then Agency or its conhactors and/or agents must procure arid. maiiita ri the • Following insurance coverage: Railroad .Protective Liability insurance naming only the Railrvpc( as the. InSured with coverage or at least $5;000:000 per occurrence and ,510,000,000 in the aggl'COWC. '['lie policy \lust be issued, on a standard ISO form CG00 35 LO 93 and include the Following: o Endorsed to include the. Pollution Exclusion Amendment (ISO form CG 28 31 10 93) o Endorsed to include tile: L'imitecf Seepage and Pollution Endorsement. o Endorsed to remove any exclusion For punitive damages. o No other endorsements restricting coverage may be, addled. o The original policy must be provided to the Raib•oad prior to performing tiny, work or services under this Agreement AS used in this paragraph, "Railroad"means "Burlington, Northern'Santa. Fe, LLC", ".BNSF RAILWAY COMPANFY" aria tlie. Subsidiaries, succesSors, assigns anti affiliates orenh. in lieu of providing a Railroad Protective Liability Policy, Agency may participate in BNSF's Blanket Railroad Protective Liability Insurance Policy if available to Ageiicy or its contractors. The limits of coverage are the same as above, 12. Agency hereby grants to BNSF, at no cost or expense to SF..a permanent right of . access from Agency property to B.NSF tracks for maintenance purposes, 13, Agency must provide one set of as built plans (prepared in English Units) to B.NSF, as well .as one set of computer diskettes containing as built CAD drawings or tile Structure and identifying the software used for the CAD drawings. The "as built plans" must: comply Willi the Bridge Re luireinents set tort.h on Exhibit F and' depict all information in 1 NSP engineering stationing and mile post pluses. Tile "as built plans" must also include plan and p.rolile, structural bridge dra%viiigs and specifications; and &ainage plans. All improvements and facilities must be shown. 14. Subject to the restrictions imposed by Article IV, Section 9 above,.Agency must notify and obtain prior authorization from. BNS1='s Manager of Public: Projects before enteriii,g B`fSF's right-of-way for INSPECTION OR iMAINTENANCE purposes of the outside. of the structure, and the BNSF Manager of Public Projects will determine if flagging is required. If the. construction Work hereunder is contracted, Agency must require its prune Coll tractor(S) to comply with the obligations set forth in Exhibit C and Exhibit C-L as the -same may be revised from time to time. VAgency will be responsible for its contractor(s) compliance with such obligations. 15. BNrSF may; at its expense, make futtu•e changes or additions to the railroad comporients of tilt Structure if necessary or desirable, in BNSF's sole discretion, including, without Limitation the following: (i) the right to raise or lower tile: grade or chance [he alignment of its tracks, (ii) the right to lay.additional track or tracks, or (iii) the right to build other facilities in connection Fomip105 R&. 06/01105 • 82P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 • with the operation of its railroad. Such changes or additions must not chancre or alter the pedestrian components of the StRICtUre: If' it becomes necessary .or desirable in' tile futln°C to. change, alter, widen or reconstruct the pedestrian components of.the SirUCtul'e to accommodate railroail,projccts, the cost of such work, including any cos[ incidental to :alteration of railroad on pedesninn Facilities made necessary by any shelf changes to the Structure: will be. .the sole responsibility of the Agency. V E r_l L_J 16. Agency may; at Agericy's sole expense, alter or reconstruct the pedestrian compdtients of the Structure if necessary or desirable, due to pedestrian traffic, provided, however, that atiysuclt alteration or reconstruction must .not encroach further upon or occupy the surface of BNSP's right-of-way to a greater extent than is contemplated by the plaits and specifications to be approved by BNSP pursuant to Article ill, Section.1 herein, without obtaining BNSF's prior written consent which consent shall not be unreasonably withheld and the execution of a supplement to this Agreement or the completion of a separate agreement. 17. Any books, papers, records and accounts of the parties hereto relating to 'the work hereunder or the costs or expenses for labor and material connecte(lwith tite construction will at. all reasonable times be open to inspection and audit by the agents and authorized representatives of the parties hereto, as well as the State of Colorado and.the federal Highway Administration, for a period of three (3) ),cars front the date of final .BNSF• invoice under this Agreement, 18, The covenants and provisions of•thisAoreementare binding upon and inure to the benefit of the. successors. and assigns of the parties hereto. Notwi hstanding the preceding Sentence neither party hereto may assCgtr any of its rights or obligations heretindei• Without tite ,lir;ior written consent of the other party. 19. hi the event construction of the Project does not commence within twelve (12) months of the Effective Datcjhis Agreement"will become.Md[ and void. 20. Neither termination nor expiration of' this Agreement will release either party from any' liabilit- or obligation under this Agreement, whether of indemnity .or otherwise, resulting from any acts. omissions or events happening, prior to the slate of tennihation or expiration. 21. To die maximum extent possible,. each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable. law. fFany provision of this. Agreement is prohibited by, or held to be, inVZ11id under; applicable taw, such provision Fvilt be ineffective solely to the extent of such prohibition or' invalidity and 'the- remainder of the provision will be enforceable. 22. Any notice provided For licreiti or concerning this Agreement must be in writing and will be tleenied sufficiently given when sent by certiFed.tnail, return receipt requested, to the parties at the following addresses: BNSP Raitway.Company: BNSF's r\4anager Of Public Projects =4515 Kansas Avenue Kansas City. KS 66106 12 Agency: City of Fort Collins 281 N, College Ave. Fort Collins.. CO 50522-0580 83P Punt O rOS Rea. 06iOJ i0i. COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 • T.IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duty qualified and authorized officials as of the day and year First above written. Wr NESS: TO Ap BNS 'By: Print Title AGENCY CITY OF FORT pl/v- i N � By Prime e Title:e�� ,v1q�Qeh 84P Farm 0105 Rev. 06/01/05 l3 IN WITNESS 0HERZ0F, the Principal and the Surety have hereunto set their hands and seals this 1st day of March , 2012 , and such of them as are corporations have caused their corporatcoFporate seals to be hereto affixed and these presents to be signed by their proper offfcers, the day and year first set: forth above. PRTNcxPAL SURETY Name: Structures, Inc. Western Surety Company Address! 4 Inverness Court East. $uite 250 Englewood, C 80112 By: _ Title: P�sroE�r ATTEST: By: P. O. Box 5077 Sioux Falls. SD 57117-5077 By: /vc' Title:Vera T. Kalba _-," Attorney -in -Fact CA °2 OlH Opµ F "'ra4muNM�N ME_f� MOODY INSURANCE AGENCY, INC. 8055 East Tufts Avenue, Suite 1000 DENVER, COL.ORADO 80237 PHONE: (303) 824-6600 Section 00410 Page 3 COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 • DESCRIPTION OF TWO TEMPORARY OCCU?nidCY EASE�mEh•TS, TO BE. ACQUIRED. FROM THE` BNSF RAILWAY Two Temporary Occupancy Easeraents located in Section 35 Township, 7 North Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said Temporary Occupancy Easements are also located in. the BNSF. Railway right of ,day through the above described section, being more particularly 'described as followsi Considering the south line of the southeast. qua ter of the said. Section 35 as bearing North 89 degrees 54 minutes 45 seconds West between a 3"' Aluminum Cap Monument at the southeast- corner and a 3.25" Alum:inim Cap Monument at the south quarter corner of Section. 35, based upon G.P.S. observations and .the City of Fort Collins coordinate system; and "with all bearings contained 'herein relative thereto; Commer_'cing at the southeast corner of the said :Section 35.; THENCE along the south line of the southeast quarter of the said Section 35, Borth 89 degrees 54 tniniites 4'5 seconds west for a distance of 1005.65 feet to the east right of way of the said BNSF • Railway; THENCE slang the said east right of Oay of the 8N5F Railway', North 01. degrees 03 minutes 52 seconds East: for a distance of 1896.63 feet to the TROE POINT OF BEGINNING •of' this description; THENCE continuing along the said right of way, North 01 degrees, 03.minutes 52 seconds East for a distance of 20.00 feet; THENCE leaving the said right of :way, 'forth 88 degrees 54 minutes•37 seconds Uest for 'a distance of 10.0.00 feet to the coast. right of way of the said BVSF Railway; THENCE along :tile said srest right of .way, South 01 degrees 0.3 mini.ctes-52 seconds West for a distance or 20.00 feet; THENCE leaving 'the said west right of ways. South 3,8 degrees '54 minutes 37 seconds cast fora distance of 100. 00 feet to the poifit of beginning. Containing 2,000 square. feet (0.046•acres) more or less. • TOGETHER. WITH: With the above described basis of'.bearings; Commencing at the southeast corner of the said Section 35; THENCE alona the south lineof the southeast quarter cf the said Section 35, worth 89 degrees 54 minutes 45 seconds 44est for a distance of 1005.65 feet to the east right of way of the said BNS Rai 1P;ay; Page 1 of 2 85P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 THENCE alone tee said east eight of way .of- the 3NSF. Railvay, D!orth Al degrees 03 minutes 52 seconds East for a distance of 1825.63 feet to the. TRUE POINT OF'BEGINNI`tG-or this descript,idn; THENCE continuing along the said right of way, 'North 01 degrees 03 minutes 52' seconds East for a distance of 20.00 feet;. THENCE leaving thesaid right of day, North 88 degrees 54 minutes 37 seconds 6+Jest fora distance of 100.00 -feet to the west right of wdy of the said BMS_ Railway; THENCE along the said -i-rest right of way, South 01 degrees 03 minutes 52 seconds West for a distance of 20.00 feet; THEAiCE leaving ;the said Nest right of way; South 88 degrees 54 minutes 37 seconds East for a distance of 100.00 .Feet to the"point of beginning. Containing 2,000 square feet (&.046-acres) more or less. The above described Temporary Occupancy Easements contains a total of.4_,000 square feet (0.092 acres) more or less and are subject to all easements and righ_s of ways now existing or of record. T hereby state that the above descripc:.ion '.vas prepared by me and is true and .correct to the best of my professional knowledge, i:elief and opinion. The description is based upon preiiiously recorded plats and deeds and mot- upon a actial field survey. WALLACE C: MUSCOTT. COLORADO P.L.S. 1749' P.O. BOX 580 FORT COL-=18, CO. 80522. Page 2 of 2 :.' � yu;ri ii�07T3i7d• s n J'•; r °�.4), :..,.;•ia Cam- ,:it�`-. • u12�F tC:i'. ' • • COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 • • E LOCATION SKETCH PROPOSED UNDERPASS EASEMENT AND TEMPORARY OCCUPANCY 'EASEMEIINTS BNSF RAILWAY SECTION 35 T7N R69W FORT COLLINS, CO.. HORSFOOTH 'ROAD BNSF IU.P. 70,77 NORTH LINE OF HE 1/4NE CORNER 35-7-69 35-7-69 Ri 100' RAILWAY ROW I FEBRUARY t, 2011 NTS 1 LENGTH TO N,707H RAT10 CENTERLINE OF TRACKS I ARE NOT PROPORTIONAL `i PRGPOSED 20' WIDE TEMP. OCCUPANCY I I E,�sEPderrr BNSF &I.P: 70.1h\( I 2.000 S.F. TROUTMAN 'PARIMAY ,(DOES NOT CROSS RR ROW) _ TROUTPJAN. PARKWAY (DOES. NOT CROSS RR ROPI) '�I I =FR FROF05E0 ^0' 1'ICE 'i w. OCCUPANCY EASEMENT 2,000 S.F. I I II I HARI�IOMY ROAD BNSF M.P. 69.78 I SOUTH UNE OF SE 1./4 �,m. 35-7-611 :55-7=09 CITY OF FORT COLLINIS. CO BNSF RAILWAY POWDER DIVER DIVISION s1:rva c�cr n{: An,+c�n pmpsrr CNLY' FRONT RANGE SUB AND CONOT. fLURZ55LNr A To L.S. 0476 SHT. 'I OF I x ;su.v�Paod\TRA:+s�tv�ztt\RRRow 87P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 Norm Approved by VP -Lair MlipIT.B TO UNDERPASS AGIZMNIErN'r EASEiVIENT AGIZEEMEN`r'Fop, TROUTi%%_)\N UNDERPASS (Underpass Agreement) THIS EASE.,MENT AGREEMENT FOR "Troutman Underpass ('Easement Agreement") is made and entered into -as of the 2901 day of September, 2011 ("Effeetir'e Date"), by and between QNSF RAILWAY COMPANY, a Delaware corporation ('Grantor"), and CITY' OF FORT STATE OF COLORADO. ("Grantee"). A. Grantor owns or controls certain real property situated at or near the vicinity of fort Collins, Counry ofLarimer, State of Colorado, at Mile PQSL 70.129, (Project ;w 929053Uj,.as described or depicted on Exhibit "A- I" attached hereto and made a part hereof (the "Premises"). 13. Grantor and Grantee Have entered into that certain Underpass Agreement dated .its of r&Iarch`22,.2011 concerting improvements on or near the Premises (tile " Cincfcrpass Agreement"). C. Grantee has requested that Gra» for grant to Grantee an easement over the Premises fOr the Easement Purpose (as clefined below). D. Grantor has agreed to grant Grantee such easement, stibject to the terns and conditions set forth is this Easement Agreement.. NOW, THERLFORE, fprand in consideration of the foregoing recitals which are incorporated • herein, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section I Granting of Easement., 1.1Easentent Purpose. The "Easentent Purpose" shall be for the purposes sct forth iit'the UNDERPASS Agreement. Any improvements to be constructed in connection,with the Easement Purpose are referred to.herein.as "Iinproventents" and.shall be constructed. located, configured and maintained by Grantee in strict accordance with the terms of this Easentent Aureentent and the UNDERPASS Agreement. 1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive easement ("Easement") over the Premises for the Easement Purpose and for no other purpose. The.Easenient is granted subject to anv and all restrictions, covenants,.easentents, licenses, permits; leases and other encumbrances of whatsoever nature whether or not of record, if any, relating to the Preniisgs and subject to all with all applicable federal, state and local laws, regulations, ordinances, restrictions, covenants and court or administrative decisions and orders, including Environmental La` -Fs (defined below} and Zoning laws (collectively, "Laws"). Grantor may not make any alterations or improvements or perforn any maintenance or repair activities within the Premises except in accordance with the terms and conditions of the- UNDERPASS :Akreentent. Form 105, Rev. 06/01l05 0 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 Form Approved by VP -.Law 0 1.3 Reservations by "Grantor:. Grantor excepts and reserves the, right, to be exercised by Grantor and any.other parties•%vl may obtain written permission or authority from Grantor: (a) to install, construct, maintain, renew, repair, replace,. use,: operate, change, modify and relocate"any existing pipe, Power.: conuttLin ication.cable, or utility linesand appurtenances and other facilities or structures oflike character - (collectively, "Lines") upon, Over, under or across the Premises; (b) to install, construct, maintain, renew, repair, replace; use,.operate, change; modify and•relocateany tracks or additional facilities or structures upon, over, under or across the Premises: and (c) to use the.Preinises in any manner -as tile'Grantor in its sole discretion deems appropriate, provided Grantor uses all commercially reasonable efforts to avoid material interference with theuse of the Premises by Grantee for the Easement Purpose. Section 2 Term of Easement. The term of the Ehsenrent, unless sooner terminated- under provisions oFthis_Easement Agreement, shall be perpetual. Section 3 No Warranh# of Anv Condidons of the Premises. Grantee acknowledges that Grantor has macle no representation whatsoever• to Grantee concerning the state or condition of the•Premises, or any personal property located thereon, or the nature or extent of Grantor's ownership interest in the Premises. Grantee has not relied on anv statement or declaration of Grantor, oral or in writing, as an inducCment to entering into this Easement Agreement, other than da set Forth Herein. GRANTOR HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY PROPERTY PRESEN-r ON OR CONSTITUTING THE PREMISES., ITS NLERCHANTABILITY OK FITNESS MR ANY PARTICULAR_ PURPOSE, THE QUALITY OF THE MATERIAL. OR WORKmANSFIIP OF ANY SUCH PROPERTY. OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES, GRANTOR SHALL N.OT LIE RESPONSIBLE TO GRANTEE. OR ANY OF GRANTEE'S CONTRAC'I'O.RS FOR ANY DAiNIAGES RELA'fl-NG TO THE DESIGN, CONDITION, QUALITY, SAFETY, NIERCHANTABILITY .OR FITNESS .FOR, ANY PARTICULAR PURPOSE OF AN.Y PROPERTY PRESENT ON OR CONSTITUTI-NG THE. PREMISES, OR THE CONFORMITY OF" ANY SUCH PROPERTY TO iTS iNTEND:ED USES. GRANTEE ACCEPTS ALL RIG( -ITS GRANTED UNDER THIS EASENIE,NT AGREENfENT IN THE PREMISES INt AN "AS IS, WHERE IS" AND "\V1T1-I ALI., FAULTS" CONDITION,.AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S RtGH-rS, INTERESTS AND T1TLL' TO TILL" PREMISES. Grantee has inspected or will inspect the Premises, and enters upon Grantors rail corridor and property with knowleclge of its physical condition and the danger inherent in Grantor's rail -operations on or near the Premises: Grantee acknowledges thait. this Easement Agreement clods not contain .any implied warranties that Grantee or Grantee's Contractors (as hereinalter defined) can SUCCL'ssfUllY construct Or operate the improvements. Section 4 NattuN of Grantor's interest in the Premises. GRANTOR DOES NOT "WARRANT ITS TITLE TO THE PRENIISES IiOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYiNIF_'NT iS-NIADE. In case Form.105; Rev. 06/01/03 L m COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 Form Approved by VP -Law of the eviction of Grantee by anyone owning or claiming title to or any interest iii the Premises, or by the abandonment by Grantor of the affected rail corridor, Grantor shall not be liable to refund'Grantee any compensation paid hereunder. Section 5 Improvements:. Grantee.shall take,jtl it timely manner, all actions necessary and proper to the lawful establishment, construction, operation. and maintenance of the Improvements, including such actions as may be necessary to obtain any required permits,,approvals or authorizatiogs 'lrom applicable governmental authorities. Any and all cuts and fills, excavations or embankments necessary ill theconstruction, maintenance, or future alteration of the Irnproverrients shall be made and maintained in such manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of the Grantor: and. wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from such lallds;and premises of the Grantor. the Grantee Shall construct and maintain such culverts or drains.as may be requisite to preserve•such natural find pre. existing drainage, and shall also wherever necessary; construct extensions of exislinL,, drains, culverts or ditches through or along the premises of the Grantor; such extensions to be of adequate sectional dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any'Lines. fences, buildings' improvements or other. facilities (collectively, `Other hnprovements"),. Grantee will be responsible at Grantee's sole risk to locate and make any adjustments necessary to such Other improvements. Grantee must contact theowner(s) of the Other Improvements notifying them of any work that may damage thew, Other Improvements and/or interfere with their service. and obtain the.owner's written approval prior to so affecting the Other [niprovements. Grantee must mark all Other Improvements on the Plans and Specifications and mark such Other Improvements in the field in order to verify their • locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. `fhc Grantee agrees to keep the above -described premises free and clear from combustible materials and to cut and remove or cause. to be cut and, removed at its sole expense all weeds and vegetation on-saidpremises, said wrork of cutting and removal to be done at such times and with such frequency as to comply with Grantee and local laws and regulations and abate any and all ha and off -ire. Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi -governmental body or any Taxes levied or assessed against Grantor or the Premises that tire attributable to the Improvements. Grantee agrees to purchase, affix.and cancel any and all documentary stamps in the amount prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees incidental to recordation ofthe Deed of Easement. In the event of Grantee's failure to do so, if Grantor shall become obligated to do so; Grantee shall be lia; ble for all costs,. expenses and judgments to or against Grantor, including all`of Grantors legal fees and expenses. Section.? Fiivironri ental. 7.1 Compliance with Environmental Caws. Grantee shall strictly comply with all federal, state and local environmental 'Laws in its use of the PPermiwc 5, including, but not lin;ited to. the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil, Potkition Act, the (-lazardous Transportation Act, the Comprehensive Environmental. Response, Compensation and Liability Act (CERCL-A) and the Toxic Substances Control Act (collectively Form 105; Rev. 06/01/05 0 M COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 Form Approved'by VP -Law r'el'erred to aS the "Environmental Laws"). Grantee Shall not maintain a "treatment," "storage." "transfer' or "disposal" facility, or "underground Storage Wilk," as those terms are defined by Environmental Laws, on -the Premises. Grantee shall not liandle, transport, release or suffer the release OF hazardous.waste or hazardous Substances", as hac<triioutes wasand hazardous substances" may now or in the future be clefined by any Environmental Laws. 7.2 NL 6tice of Release. Grantee shall. give Grantor intmediaite notice to Grantor's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or From the. Premises, violation of Environmental f aws, or inspection or inquiry by governmental authorities charged with enforcing EnvironmentaLLaws with respect to Grantee's use of the Premises. Grantee shall use itsbest efforts to promptly respond to any release on or from the Premises. Grantee also shall dive Grantor immediate notice: Ofall-measures undertaken on'belialfof Grantee to investigate, remediate, respond to or otherwise cure such release or violation. 7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise ofa release or violation of Environmental Laws Which occurred or may occur during the term of this - Ease nien t, A urge me rit, Grantor may require Grantee; at Grantee's sole:risk and expense, to take timely teasures to investigate, remecliate, respond to or -otherwise cure such -release or violation affec[irio the Premises. TFduring the construction rn' subsequent nnaintenancee of the Improvements, soils or other mai'(terials considered to be environmentally contaminated are exposed. Grantee will remove and safely dispose of said contaminated soils. Determination of soils contamination and applicable disposal. procedures thereof.. will be made only by an agency leaving the capacity and authority to make such a determination. • 7.4 Preventative Measures. Grantee shall promptly re'Port to Grantor in writing any conditions: or activities, upon tite Premises known to Grantee which create it risk of harm to persons; property or tile environment and shall take whatever action is necessary to prevent injury to persons.or propertyarising out of ;Lich conditions or activities; provided, however, that Grantee's rep o"rtirig to Grantor shall not relieve Grantee of any obligation Whatsoever iritposed on it by this Easement Agreement. Grantee shall promptly respond to Grantor's request- for information regarding_ said. conditions or activities. • 7.5 Evidence of Compliance. From time to tirine upon written request, Grantee agrees to furnish Grantor with proof reasonably satisfactory to Grantor that Grantee is'in compliance with this Section 7. Should Grantee not comply frilly with the above -stated obligations of this: Section 7, notwithstanding.anythinua contained in any other provision hereon, Grantor may; at its option —terminate this Easement Ac reementby serving thirty (30) days' notice of termination upon Q-'antee. Upon termination, Grantee shall remove the Improvements and restorethe Premises as provided in Section 9.. Section 8 DeFaultand Termination. S.l Grantor's Perfbrmance Riehts. Wat. any time Grantee; or Grantee's Contractors; faits to properly' perform its obligations under; this Easement Agreement, Grantor, in its sole discretion; may: (i) seek specific performance of the unperformed obligations, or.(J) at Grantee's sole cost; may arrange for the performanceof such work as Grantor deems necessary for the safety of its rail operations. activities and property, or to avoid or remove any interterence with the activities or property of Grantor:, or anyone or anything present on the rail corridor or property with the:authority or permission 91P Form. 105; Rev. 06/01/05 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 Form _approved by VP -Law of Grantor., Grantee shall promptly reimburse Grantor for all costs of work performed. on Grantees. behalf upon receipt of an invoice for such costs, Grantor's 'ailure, to perform any -obligations of. Grantee or Grantees Contractors shall not alter theliability allocation set Forth ill this Easement Agreement. 8.2. Abandonment. Grantor inay; at its option, terminate this Easement Agreement by setvina thirty (30) days' notice in writing upon Grantee if Grantee should abandon or cease to use. the Premises for the Easement Purpose for a period of two. years, Any waiver by Grantor of any default or def LlItS shall not constitute a waiver of the right. to terminate this Easement Agreement for anv subsequent default or defaults, nor shall any such waiver in any way affect Grantor's ability to enforce any section of this Easement Agreement. 3.3 Effect of Termination or Expiration: Neither termination nor expiration will release Grantee from .any liability or obligation under this :Easement, whether of indemnity or tithe} -wise, resulting from any acts, omissions or events happening prior to the date of termination or expiration. or, if later, the date the Premises are restored as required by Section 9. 8.4 Nbn-exclusive Remedies. The remedies set forth in this Seefion S'shall be in addition to, and not in limitation of, any other remedies that Grantor may have under the UNDERPASS Agreement, at laiv or in equity. .Section 9. Surrender of Premises. 9.1 Removal of Improvements and Restoration. Upon termination of this Easement • Agreement, whether byabandonmentof tiie Eascmentor by the exercise of Grantor's termination rights hereunder; Grantee shall, at its sole cost zinc] expense, immediately perform the following: (a) remove all or such portion of Grantee's Improvements and all appurtenances thereto from the (remises; as Grantor directs at Grantor's.sole. discretion; _(b) repair and,restore any damage to the Premises arising li•onv.growing out. T of. or connected with Grantee's use of the. Premises; (c) remedy any unsafe conditions oil the Premises created of agoravated by Grantee; and (d) leave the Premises in the condition which existed as of the EfCective Date. 9.2 Limited License. For Entrv. if this Easement Agreement is terminated. Grantor may direct Grantee to undertake one or more of the actions set forth above. at Grantees sole, cost, in which case Granteeshall have a limited license to enter upon the Premises to the extent necessary to undertake the actions directed by Grantor. The terms of this limited license include all of Grantee's obligations under this Easement Agreement. Termination will not release Grantee. From any liability or obligation under this Easement Agreement. whether of indemnity or otherwise, resulting Front any acts, omissions or events happening prior to the date of termination; or, if later, the date when. Grantee's Form 105; Rev. 06/0I/0 • 92P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 Form Appraml by W-Law rmprovcmeilts, are removed and the Premises are restored to 'the condition that existed as of the Effective Date. If Grantee fails to surrender the Premises to Grantor upon tiny termination of the Easement, all liabilities and obligations of Grantee hereunder shall. continue in effect until the Premises ai,e surrendered. Section 10.. 'Liens. Grantee. shall promptly -,pay -and discharge any and .all liens arising out of. any constructiun..alterations or repairs clone; suffered or permitted to be done by Grantee'on'the Premises or attributable to Cases that are (lie responsibility of Grantee pursuant to Section 6. Grantor is hereby authorized to postan), notices -or take any other action upon or -with respect to the Premises that is or niav be permitted by Law to prevent,the'attachment of any such liens, to any portion of the Premises; provided, however, that failure of Grantor to take any such action shall not relieve Grantee- of.gny obligation or liability under,this.Section 10 or airy other section of this Easement Agreement:. Section 11. `rax Exchanec. Grantor reserves the right to, assign this Easement Agreement to Apes .Property k Track Exchange, Inc. ("Apes"). Apex is a qualitied' intermediary within the meaning of ,Section.! 0)1 of the internal Revenue Code Of 1936,.as amended, and 'rr"eas, Reg. 3 I.10) l (k)- I (g), for the purpose of completing a tax -deferred exchange under said Section 10')1. 'Grantor shall bear all expenses associated with the use of Apex, or necessary to qualify this transaction as a ta:c-deferred exchange, and, except as otherwise provided herein, shall protect, reimburse; indemnity and hold harmless Grantee from and against any and all reasonable and necessary additional costs, expenses, including, attorneysfees, and liabilities which Grantee may .ineur as a result of Grantor's use of Apex or the qualification of this transaction as a tax -deferred transaction pursuant to Section [Oil. Grantee shall cooperate with. Grantor with respect to this tax-deferredexchange: and upon. Grant:ir's request, ® shall execute such documents as•maybe required,to effect this tax -deferred exchange Section t2. Notices: Any notice required or permitted to be given hereunder by one party to the other shall be delivered in the manner set forth in the Underpass Agreement.. Notices to Grantor under this. Easement shall be delivered to the following address: BNSF Railway Company. Real Estate Department, 2500 Lou Nlenk Drive, Ft. !North, TX1761)1, Attn: Permits, or such other address as Grantor may, from time to time direct by notice to Grantee. Section I J. Recordation. It is understood and agreed that this. Easement Agreement shall. not be in recordable' form and shall not be placed oti public record and any such recording shall be a breach.of: this Easement Agareement. Grantor curd-Grantec shrill execute a:Deed of Easement in the farm attached. hereto as Exhibit "13-1" (the "Deed ol" asement")'subject to changes required, if am}: to conform such• form to local recording requirements. `rhe Deed of Easement shall be recorded in the -real estate. records in the county where the Premises ar6 located. If a'Deed of Easement is ❑ot executed by the parties-and'recorded as described above within 90. days of the.Effective bate; Grantor shall have the right to terminate ihis.Easement Agreement upon, notice to Grantee. Section 14. tVliscellaneous. 14.1 All questions concerning tlic interpretatiortor application ofprovisions of this Easelhient Agreement shall be decided according to the substantive Laws of the State of Colorado Wi lout re,ard to conflicts of law provisions. • Form 105: Rev. 06/01/05 6 93P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 l:urm Approved by VP -Law 14.2. In the event that Grantee consists or two or more liarties, all the covenants and • agreements of Grantee herein contained.shalI be the joint and several covenants and agreements.of such parties. This instrument and all or the terms, covenants and provisions hereof shall inure to the benefit of and be binding. upon each of the parties hereto and their respective legal representative's, successors and assigns find shall run with and be binding upon the Premises: 1.4.3 If any action at law or in equity is necessary to -enforce or interpret the terins of this Easement Agreement, the prevailingparty or parties shall be entitled to- reasonable attorneys' fees, costs.Und nccessary.disbursements in addition to any other relief to which such party or parties may be entitled. 14.4 IT any, provision of this Easement Agreement .is held to, be illegal, invalid or unenforceable under present or future, Laws, such provision will be fully severable acid dins. Easement Agreement will be construed and enforced as if such illegal, invalid or Unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full :force and effect. In lieu of any illegal, invalid or unenforceable- provision herein, there will be added automatically as a part of this Easement Aureeinent a provision as similar in .its terms to such illegal; invalid or unchforcealile provision as may be possible and be'legal; valid and enrbrceable. 14.5 'rime is of the essence for the performance of this.Easement Agreement. 14.6 The termsof the UNDERPASS Agreement are incorporated herein as. if.futly set forth in this instrument which terms shall be in full force and effectfor pudlioses of this Easement even i ['tile UNrDERPASS Agreement is for whatever reason. no longer in effect. • [Signature page follows] Form i05; Rev. 06/01105 • 7 Ma F--1 A 0 • Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presews,'I'Lai WEE TERN SIJRI: FY COMPANY, ;t South Dakota curporm ion, is it duly organized and existing Cot potation having its principal office in file City ol'.Siotu Palls, and Same of South Dakota, ;old HIM it does by virtue of the signalure:md se:d herein affixed hereby make, constitute and npiloint Evan r Moody, Vera T Kalba, Karen A Feggestad, Cory R Mueller, Sara G Hoechst, Bradley J Moody, Individually of Denver. CO, its title and lawful Auorncy(s)-in-1 ac[ with full power and :uahorily hcrchy conferred to sign, seal and execute lilt* and (At ils beh;dl' bonds, undertakings and other obbgmnry instruments ill similar nalurc In Unlimited Amounts - and to bind it thereby its fully ;old to the slum extent as it such ioshumcillN were signed by a duly authotizcd officer of* the cogxnnlion and all the aes 01'snid Allorucy, pumialit to like;ultbority hereby given, we hcrchy reified and confirmed. 'Ibis Power of Allorucy is made and executed pursuenl to and by authority of the By -Law printed on the leveac hcrcol, duly adopted, as indic;ned, by the shareholders Ell the corporation. It* Witness Whereof, WES'1'I RN SURETY COMPANY has causal these presenls to be signed by its Senior Vice President cold its Cot porule Nerd to be hcrao aflucd on t1w. 1411 day of Oaubel, 2011. WESTERN SURETY COMPANY ,�,ipQvoRgi' as :WI4 t^y ii CAt'.:v �^OL'ljjO Pli�rS.` (mod ,,.�• Pall' . 13rtd1al, Senior Vice Presidenl Slate of South Dakota l JT Couuly of Minnchaha ss On Ibis 14111 day of Ogabe, 2-01 I, belble me personally c:unc Paul 'I. Rrullal, to me known, Who, being by me duly sworn, did depose ❑od s;ly: JIM he resides in die City of Sioux Palls, State of South Dakula; IhN be is the Satior Vice President of WES'ITiRN SURETY COMPANY described in ;mtl which executed the above iostnuncnl; Ihal he knows the seal of Naid corponaioo; Ibal the seal affixed to the said instrtollCM is such cotpur;ac scat: Ihal it was so dlixed pursumu to audlority gival by the Ro:uxl of Directors ul'said culpuration and that he xigued his more Iherenl punu+o❑ to like aulhurily, altd ackuoWledges same to be the act and deed of slid corpor•,tliou. My comolission expires +hhhhhhhhhhhhhhhhhhhihh4h+ i D. KRELL i November 30. ?012 r seal_ NOTARY PUBLIC SSEAL + s SOUTH OAKOTA�y� s �hhhyShhhh4h,l Shhhhhhhbhh� D. KNy Pub1iC CERTIFICATE I, L. Nelson, Assislmm Secretary of WI'.S'i l:RN SURE: I'Y CONIPANY do hereby ceilii'y that the Power of Allorucy Imrcioabove set lolill is still in Race, and funller cenil'y that the lay -law of the cogxnalfou printed on the reverse hcrcol is still in Illrce. Ill (estiotolly whel"coo I have hl'le'llllltr ti11I1sCi'Ibed illy name andaffixed the seal oflhesaid culporuion this ).SCday of March_ 201+2 Sip"` WESTERN SURETY COMPANY ...............co;. i L. Nelson, Assistant Secretary purls 1:42811119-06 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 Form ;approved by VP-La%v Witness the execution of this Easement A reement as of the.date First set forth above. L94 AMI 1101 BNS�,R�IL'T��sn6f— Y COMPANY, a.Delaware-corporation By: ��- , Name:.Thomas N. Hund. Title: Rxarptiva Virg PrPAirunt- and Chief Financial Officer GRANTEE: CITY OF FORT COLUNS, STATE OF COLORADO ____ a :.�/A.ti -fU F 9Xliu P�yS'j '.'ram 'f B N T 0 Form 105; Rev. 06/01/05 8 95P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 Forru Approved by VII-Latin MMIT "A-1" TO UNDERPASS AGREEMENT Premises Exhibit WV 96P 0 0 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 11 DESCRIPTION OF AN UNDERPASS EASEMENT (TR.ALL ,AND ACCESS) , TO BE ACQUIRED FROM THE Bj'\iSF KVIL- WAY A Underpass Easement located in Section 35 Township 7 North Range 69 West of the. Sixth Principal Meridian, City os TcYt Collins, Larimer County, Colorado, the said Underpass Easement is _also located in the BNSF -Railway right of way through the above described section, being more particularly.described as follows; Considering the. south line of the southeast quarter of the said Section 35 as bearing North:89 degrees 54 minutes 45 seconds. West between 'a 3" Aluminum Cap H!oliuutent at the southeast corner and ,a 3.25" Aluminum Cap Monument at the south quarter corner of Section 35; based upon G.P.S. observations and. the City of Fort Collins coordinate system, and with all bearings contained herein rslative thereto; Commencing at the southeast corner of the said Section ;i5; THENCE along the 'south line of the, southeast qua_ter c•f the said Section 35, North,89 degrees 54.minu"es 45 seconds West for a distance of 1005.65 feet to the east right of way of the said B1TSn Ra;laay; THENCE along the -said east right of way of the &NSF Railway, • North 01 degrees 03. minutes 52 seconds %ast *"or a distance of 1845.63 feet to the. TRUE POINT QF BEGINNING of this description; THENCE cbntinuing. along the said right of way, North 01. degrees 03 minutes 52 seconds East for a distance of 51.00 feet; THENCE leaving the .said right of way; North 88 degrees 54 minutes 37 seconds West for a distance. of 100..00 feet to the west right of ,rav of the said IBNSF Rai'L•iay; THENCE along the said west right of gray, Southii 01 degrees Oa minutes 52 seconds. 'Iles-.- for a distance. of 51,00 feet; THENCE leaving the .said nest'right of way, South 88 degrees 54 minutes 37 seconds East for a distance of -100..00 feet to the point of. beginning.. Containing 5,100. square feet (0.117 acres) more or less. • The above described easement is -subject to all easements and. rights of ways now existing o.r- of record. I hereby state that the above description was prepared by me and is true and. correct to the best of my professional knbwledge., belief and coinion,. The description .is based upon previously recorded plats and deeds and not upon_ a actual fi.eld.survey. - TNAL•LPtE C. MUSCCTT COLORADO P.L.S. 17497 P.O. BOX.580 FORT COLLINS', CO 30522 Page 1 of 1. 97P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 E%gl[BIT "B-l" TO UNDER ASS AGREEN ENT m l] u • COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 • Deed orserpent TMS DEED OBE EASE' Nf ,NT is hereby executed this xtrh day of Feni Fibl,=,- 2On1 by and between BNSF RAILrWAIY C MPA1 Y, a Delaware. corporation (.".Grantor"),. whose address for purposes of this instrument is 2500 Lou 14enk Drive, -Fort Worth, Texas. 76.131, and CITY OF FORT COLLR\TS, ("Grantee"), whose address for purposes of this instrument is P.O. Pox 5B1,Fr_. CbLhns. m E0522-0 which, terms "Grantor and "Grantee" shall include, wherever the context peruuts or requires, singular or :plural, and the hens, legal representatives, successors and assigns of the respective parties: WITNESSETH: WHEREAS, Grantor owns or controls certain, reat'property situated in La -rimer County, Colorado as described on Lechibit " A-1" attached hereto and incorporated .herein by reference (the "Premises'): IVIIl:'RL�AS; Grantor and Grantee entered into an Easement Agreement, dated --SeptPrnber 29 2011(the "Easement agreement") which set forth, among other things, the terms of an easement granted by Grantor to Grantee over and across the Premises (thee"Easeaten t")'; and • AYHERF'AS, Grantor. and Grantee desire -to memorialize the teems and conditions of the Easement Agreement of record. , • For vatuable consideration the receipt and sufficiency of which are hereby acknowledged, Grantor does grant unto Grantee .and ;Grantee.doe.s. hereby accept, from Grantoi••the Easement over and across the Premises. The term cif the Fasement, utless. nnner.terminated.nnctet'_provision of`t1leEasernent Agreement, shall be perpetual. Provisions regulating the bse and purposes to which the Easement shall be.limited, are set forth.in detail in. the Easeinerit Agreement and Grantor and Grantee agree to abideby,the terms•of the Easement agreement Ah the terms,. conditions, provisions and covenants of the .Easement Agreementare incorporated herein by this reference .for all purposes as though written out at length herein, .and both the Easement Agreement and this Deed of:Easement shall.be deemed to constitute a single instrument or document. This Deed of.Easement is not intended to arnend, modify, supplement, or supersede any of the_pmvisions of thc,Easement Agt,•eement and; to the extent there may be any coafict or inconsistency betwe n the Easement Agreement or this, Deed of Easement,. the Easement Agreerteat shall control. (Signature page follows] roam UlnS Rev. G&1Oros 99P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 Form approved by VP -Law IN WITNESS WHEREOF, Grantor and Grantee have executed this Deed of Easement to.as of the date and year first above written. n'A�' Las`z:a l C84y AY£�'a"fir STATE OF TEXAS § COUNTY OF TARRANT § GRANTOR: BNSF RAILWAY COiVIPANY, a Del ale corporal By:��... �1 Name: Thomas N. Hund Title: Executive Vice President and Chief Financial Officer GRANTEE: CITY OF FORT COLLINS, ST COLORADO By: Name: Title: OF This instrument was acknowledged before me on the29th day of September 2011, by _ Thetas Y. Hrmd. (name).as f-xm!rtive Vice Presid*(title) of BNSF RAILWAY COVIPai`IY, a Delaware corporation. and Chief F' � Officer /No ary Public RHOWA BURTON (S al) My Commission ExPires September 21. 2012 PvI appointment expires: 9/21/2012 loop 4 Forin 0105 Rev. 06101105 • • COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 t'orm.A0pcoved by VP?Late STATE OF COLORADO § y COUNTY OF °LARIMEk: This-instniment was acknowledged bf '1 (name), t� a. Exhibit " B-'1" • is January 2012 the �l day of Mum- - 201 L,'by _ MLA &C. (title) of N1y 5 101P MY 6ENNETP i min 0105 Rcv. 06ia1 /0; COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 Form Approved by-VP-Laiv • EXHIBIT CAND C-1 TO UNDERPASSAGREEMENT [Insert Exhibit C. (Fornt'01'02) and C-1 (F&m 0107) here.1 • Puum.0105 Rcv..06/0110.i 6 102P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 E EXHIBIT "C" CONTRACTOR REQUIREMENTS 1.01 General • 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the construction of Fort Collins, Colorado, NRRC Pedestrian Underpass, L/S 476, NIP 70.129, DOT 929053U . • 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-1" Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit "C-1". Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to to Rosa'Martinez at Marsh, USA, 2 14-303-85 19. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to intertere with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-I is canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the Temporary Constriction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: N[s. Heten Nligchelbrink Engineering Department City of Fort Collins 28l N. College Ave. Fort Collins., CO 80522-0580 970-22 1-6340 hmigchelbrink@fcgov.com • 1.01.05 The Contractor is responsible for detetmtining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnities, defends and holds harmless Railway for, from and against all I Form 0102 Rev. 06/10/08 103P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work Linder this Agreement. • 1.01.06 The Contractor must notify the City of Fort Collins, Colorado at 970-221-6340 and Railway's Manager Public Projects, telephone number 913-551-4964 at least thirty (30) calendar days before commencing any work on Railway Property. Contractors notification to Railway, must refer to Railroad's file Troutman Pedestrian Undemass, L/S 476, MP 70.129, DOT . 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to l vertical slope beginning at eleven (t t) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must, furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current "BNSF-UPRR Guidelines for Temporary Shoring" must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current "BNSF-UPRR Guidelines for Temporary Shoring". All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance -of -Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 1.02 Contractor Safety Orientation 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.contractororientation.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. • 1.03.02 The Contractor must notify the Railway's Division Engineer Mark Carpenter at 303-480-6393 and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. s 2 Form 0102 Rev. 06/10/08 104P 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: �t.61 j P �� < �1 2. Permanent main office address: `i 1. y�.ne ss l o ark [asp 5':--' 05C) 3. When organized: t t I a`( I C` b' 'F�vewood. Co 8olla 4. If a corporation, where incorporated: �„ lorcjn 5. How many years have you been engaged in the contracting business under your present firm or trade name? )3 .inn✓ S 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) ��-\-,c.nc) Lee K i ConVac i- Amawk, #� �7UgT 68. 0.3 I ES L Q IP_ ky n ASP M n u 31 -Q O �f1 1-7O. 20 C�i 7. General character of Work performed by your company: hu'c VCa llama,,d [i -,o,-, V 8. Have you ever failed to complete any Work awarded to you? 6 If so, where and why? 9. Have your ever defaulted on a contract? AL3 If so, where and why? 10. Are you debarred by any government agency? No - If yes list agency nam Rev10/20/07 Section 00420 Page 1 COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 • 1.03.03 The Contractor must abide by the following temporary clearances during construction: • 15' Horizontally from centerline of nearest track • 21 %6" Vertically above top of rail 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts • 28'4" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts )4'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts • 1.03.04 Upon completion of construction, the following clearances shall be maintained: • 25' Horizontally from centerline of nearest track 23'-3 %" Vertically above top of rail • 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the City of Fort Collins, Colorado and must not be undertaken until approved in writing by the Railway, and until the City of Fort Collins, Colorado has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. • 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell -tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell -tales or protective devices will be borne by the Agency. • 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract plans trust be submitted to the Railway by City of Fort Collins. Colorado for approval before work is undertaken and this work must not be undertaken until approved by the Railway. • 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the completion of the project, removed at the expense of the Contractor. • 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railway's Resource Operations Center at l(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. • 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for 3 Form 0102 Rev.06/10/08 105P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site . through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.contractororientation.com, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on -site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Nlaterial Safety Datasheets (MSDS), at the job site. 1.05 Railway Flagger Services: • 1.05.01 The Contractor must give Railway's Roadmaster (telephone 307432-7357) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the nagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster live (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. • 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway nagger will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: • 1.05.02a When, upon inspection by Railway's Representative, other conditions warrant. • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. • 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. • 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. • 1.05.03 Flagging services will be performed by qualified Railway flaggers. • 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. • 1.05.03b Each time a nagger is called, the minimum period for billing will be the eight (8) hour basic day. • 1.05.03c The cost of nagger services provided by the Railway will be borne by the(Agency) . The estimated cost for one (1) flagger is approximately between S800.00-S1,600.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each dagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TINIE OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH. 4 Form 0102 Rev. 06/10/08 106P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 • 1.05.03d The average train traffic on this route is _5 to 7 _ freight trains per 24-h01ur period at a timetable speed _40_ MPH and _No passenger trains at a timetable speed of _N/A MPH. 1.06 Contractor General Safety Requirements • 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed; by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. I • 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway dagger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track. • 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railroad's representative in charge of the project must be notified. A minimum of two employees must be present at all times. • 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. i • 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. i • 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. • 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.contractm-orientation.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats c) safety shoe with: hardened toes, above -the -ankle lace -up and a defined heel; and d) high visibility retro-reflective work wear. The Railroad's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi-visability work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE — Should there be a discrepancv between the information contained on the web site and the information in this paragraph, the web site will govern.) • 1.06.09 THE CONTRACTOR NIUST NOT PILE OR STORE ANY MATERIALS, NIACHINERY OR EQUIPMENTT CLOSER THAN 25'-0" TO THE CENTER LINE OF HE NEAREST RAILWAY • TRACK. MATERIALS, N'IACHINERY OR EQUIPMENT NIUST NOT BE STORED OR LEFT 5 Form 0102 Rev. 06/10/08 107P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT -GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR A'IUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILROAD'S REPRESENTATIVE. • 1.06.10 Nlachines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they trust be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications) • 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. • 1.06.12 All power line wires Must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a mininurm clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including Fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway's Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF's Field Engineering Representative (303-480-6586). All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. • 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been detennined. There will be no exceptions to these instructions. • 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel. • 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting • 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non -containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this 6 Fom10102 Rev. 06/10/08 108P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 i • Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. • 1.09 Personal Injury Reporting 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non -Employee Personal Injury Data Collection Form contained herein is to be completed and Isent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. 7 1 Form 0102 Rev. 06/10/08 109P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 NON-ENIPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY, 1. Accident City/St County: (if non -Railway location) 5. Social Security # 6. Name (last, first, mi) 7. Address: Street: S. Date of Birth: 2. Datc: _ 3. Temperature: City: and/or Age Gender: (if available) 9. (a) Injury: (b) Body Part: (i.e. (a) Laceration (b) Hand) 11. Description of Accident (To include location, action, result, etc.): 12. Treatment: ? First Aid Only ? Required Medical Treatment ? Other Medical Treatment 13. Dr. Name 14. Dr. Address: Street: 15. Hospital Name: 16. Hospital Address: Street: 17. Diagnosis: FAX TO RAILWAY AT (817) 352-7593 AND COPY TO RAILWAY ROADMASTER FAX City: City: Time: 4. Weather St. Zip: 30. Date: St: Zip: St: Zip: 8 Form 0102 Rev. 06/10/08 110P 0 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 • • Overpass EXHIBIT "C-I" Agreement Between BNSF RAILWAY CONIPANY and the CONTRACTOR BNSF RAILWAY CONIPANY Attention: Nlanager Public Projects Raihvav File: L/S 476, NIP 70.129, Troutman Pedestrian Underpass DOT 929053U Agenc. Project: Troutman Pedestrian Underrpass Gentlemen: The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contract")dated , 200. with The City of Fort Collins, Coloradofor the performance of certain work in connection with the following project: Construction of the NRRC Pedestrian Overpass Proiect, DOT 929053U, Railroad's Line Segment 476, MP 70.129. Performance of such work will necessarily require contractor to enter BNSF RAILWAY COMPANY ('Railway") right of way and property ("Railway Property"). The Contract provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for City of Fort Collins Colorado. (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. if this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor most furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby agree with Railway as follows: Section I. RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnities, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railvay's property or right-of-way. THE LIABILITY ASSUNIED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXINIATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. THE INDENINIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAINIS, SUITS OR JUDGNIENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT, WHENEVER SO CLAINIED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railvay's discretion, appear and defend any suits or actions of law or Form 0107 Rev.09/ol/oo 111 P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner , connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. Section 2. TERNI This Agreement is effective from the date of the Contract until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. Section 3. INSURANCE Contractor must, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of S5,000,000 each occurrence and an aggregate limit of at least S 10,000,000 but in no event less than the amount otherwise carried by the contractor. Coverage must be purchased on a post 1993 ISO occurrence form or equivalent and include coverage for, but not limit to the following: • Bodily Injury and Property Damage • Personal Injury and Advertising Injury • Fire legal liability • Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: • The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. + Waiver of subrogation in favor of and acceptable to Railroad. Additional insured endorsement in favor of and acceptable to Railroad. Separation of insureds. • The policy shall be primary and non-contributing with respect to any insurance carried by Railroad. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railroad employees. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed tinder this agreement. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least S 1,000,000 per occurrence, and include coverage for, but not limited to the following: • Bodily injury and property damage • Anv and all vehicles owned, used or hired Form 0107 Rev. 09/01/009 112P 0 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 • The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: • Waiver of subrogation in favor of and acceptable to Railroad. • Additional insured endorsement in favor or and acceptable to Railroad. • Separation of insureds. • The policy shall be primary and non-contributing with respect to any insurance carried by Railroad. • C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: • Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. • Employers' Liability (Part B) with limits of at least S500,000 each accident, S500,000 by disease policy limit, S500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: • Waiver of subrogation in favor of and acceptable to Railroad. Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at least S5,000,000 per occurrence and S 10,000,000 in the aggregate. The policy Shall be issued on a standard ISO form CG 00 35 10 93 and include the following: • Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to remove any exclusion for punitive damages. • No other endorsements restricting coverage may be added. • The original policy must be provided to the Railroad prior to performing any work or services under this Agreement In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to contractor. Other Requirements: All policies (applying to coverage listed above) must not contain an exclusion for punitive damages and certificates of insurance must reflect that no exclusion exists. Contractor agrees to waive its right of recovery against Railroad for all claims and suits against Railroad. In addition, its insurers, through the terns of the policy or policy endorsement, waive their right of subrogation against Railroad for all claims and suits. The certificate of insurance nutst reflect the waiver of subrogation endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or property under contractor's care, custody or control. .Contractor is not allowed to self -insure without the prior written consent of Railroad. If granted by Railroad, any deductible, self -insured retention or other Financial responsibility for claims must be covered directly by contractor in lieu of insurance. Any and all Railroad liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by contractor's insurance will be covered as if contractor elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing the Work, contractor must furnish to Railroad an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments. The policy(ies) must contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation provision must be indicated on the certificate of insurance. Upon request from Form 0107 Rev. 09/01/009 113P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 Railroad, a certified duplicate original of any required policy must be furnished. Contractor should send the • certificate(s) to the following address: Ebix BPO PO Box 12010-BN Hemet, CA 92546-8010 Fax number: 951-652-2882 Email: bnsf(c�ebix.com Any insurance policy must be written by a reputable insurance company acceptable to Railroad or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide. Contractor represents that this Agreement has been thoroughly reviewed by contractor's insurance agent(s)/broker(s), who have been instructed by contractor to procure the insurance coverage required by this Agreement. Allocated Loss Expense must be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Railroad may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and Lmderwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by contractor, contractor must require that the subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional insured, and requiring that the subcontractor release, defend and indemnity Railroad to the same extent and under the same terms and conditions as contractor is required to release, defend and indemnify Railroad herein. Failure to provide evidence as required by this section will entitle, but not require, Railroad to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section will not operate as a waiver of contractor's obligations hereunder. 0 The fact that insurance (including, without limitation, self-insurance) is obtained by contractor will not be deemed to release or diminish the liability of contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad will not be limited by the amount of the required insurance coverage. For purposes of this section, Railroad means "Burlington Northern Santa Fe Corporation", "BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. Section 4. EXHIBIT "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with the provisions, obligations, requirements and limitations contained in the Contract and the Contractor Requirements set forth on Exhibit "C" attached to the Contract and this Agreement, including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 5. TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contmctual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perfonn any act to unnecessarily cause train delay. 4 114P Form 0107 Rev. 09/01/009 LI 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. See Q4ac-k 9 12. List your major equipment available for this contract. 5r• c iNJA-�r -kC S . 13, Experience in construction Work similar in importance to this project: SC- 'A4acke01. 14. Background and experience of the principal members of your organization, including officers: :5�e Ql�-nck,,J Re_'�,tmvc 15. Credit available: $ .5001 Oop 00 /� 16. Bank Reference: C'4 -1 ��; �In_ Jah ks �o��ar.l rh,-�s Ceeyeh" 303-36 -3 7v4 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? P . 18. Are you licensed as a General CONTRACTOR? y _S If yes, in what city, county and state? What class, license and numbers? CalGcner� ree_ IVet.o vrlee. c� - G FOd 8r c(5es, 4 .355(65 19. Do you anticipate subcontracting Work under this Contract? Yi S If yes, what percent of total contract? and to whom? �4nkc, SPKG(/VtS-r_�Gc[� D /issoc ✓1r.g 71a1G�/c ca�ya�l Rev 10/20/07 Section 00420 Page 2 COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 isFor loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate tinder incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. to the event of a train delay covered by this Agreement, Railway will share inforniation relevant to any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay for certain trains may be as high as 550,000.00 per incident. Contractor and its subcontractors must give Railway's representative (Dave Neubauer, 307-432- 7337 thirty (30) days advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors mast plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this letter, which, upon execution by Railway, will constitute an Agreement between us. (Contractor) BNSF Railway Company By: By: Printed Name: Name: Title: Manager Public Projects Contact Person: Accepted and effective this day of 20_ Address City: State:Zip:_ Fax: Phone: E-mail: is Form 0t07 Rev. 09/01/009 115P COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 Corm Approved by VTR=Law EXHIBIT D TO UNDERPASS AGREEMENT [Insert Cost Estimate for Railroad Work here] January 2012 Form 010S Rcv. ONW05 7 116P f� 0 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 January 2012 "•'' hIAINI'A1N I'ROPRIEI'AIiYCONRUFAi7'LALITf '•"� UNSF RAILWAY COMPANY FI IPM F'S'1'IMA'IE FOR CRY OP FORT COLLINS' ' I.00A17ON. MCCL1AI.ANDS DETAILSUFESIlMAIR PLAN ITEM: OWI77701 VERSION: I I'URPOSF,JUST C*,N't10NANDDFSCRIL'r10;6 FIELD ORDER ALL URIDGF MATERIAL •'• CONSTRUCr BRIDGE CO DI V FRONT RANGE SUR LS 476 TROUTMAN PARKWAY UNDFRPASS - HR.I:AIII.ETO CITY OI' FORT COELINS 01LLAULL'T6CITY OF FORTCOLLINS L3NGINEEIiING DEIT 2.91 N COI.LEGF AVG FORT COLI.INS. 03S15221970Y221,661K DESCR1P.110N _QUA`lMY I/)M. COST "TOTALS LIW OR CONSTRUCrSTLIUCRIKE.CIPLiIL\TINC 305.5 hlli 7,674 DRIVEVILE; ::5.n "Nill jr.iso FINALI'LF PROIECr d143 MH 10.409 PLACH CAPS 190.0 hill 9.796 PLALT: FIFI.D WELDS; CAI' 70A hlli IM9 PLACH,SPANS :i15.9, M❑ 7,935 Pt.ke SWRC1131GS. 6.68 NM 1.183 IUCETRACK PANELS • ADDITION -CAP 'IY.OMII I1023 I'REI-ARL'FORSTP.UCTURECHA,NGOUT -169.2 %Ui II,]RS REMOVFIREPL.ACFTRACK .57.5 AIN 1,230 SIGNAL FU7-D LABOR - CAP 30.0, hlll .527 UNLOAD 11ALLAST- RFPLACPMENT• CAP 22.4 M11 .179 UNLOAD MATERIAL 360.0'Ml1 ),"2 PAYROLL ASSOCIATED COSTS 37, 178 DA QVFRI LEADS- 158.961 ITUDIEM 35,513 'rarAL LAROR'COST, 316a79 31G;379• MATERIAL UALLASI', GRANDF CAN YON W Y' (I'll, COLORADO N. 047.0 21r •• 1.521 'rRACKPANFA_.136STANIIARUR:411,401-1; IOFr TIES- 30 EA •• 61,010 I'LATIi, l'If;, PANDIIOL, FUR IlILI1XaiS'- INCLUDES PL17'li,-.. NAILIRANSN,L11.25 Fr Ll W 4IS0 WORN A.0 &\ •• 5,26d TIE,SWI'IC11,'IREAIIL;HnRDWVWfJ 1017 20.0 rN •• 1,340 WELDKIT. GENERIC FOR ALI-RAIL WEIGHTS' 8.0 KTX 556 (IRIOGU NIXI'ERIAL I.U. LS •• 235.340 SIGNAL MAIERIAL 7 0, DAY •• 4D0 MAn141AL 1!ANDIANO 11,461 ONLINETRANSPORTAr1ON 1,622 USE TAX 16,666 'TOTAL MXTERIAL COST 303.521 30's21 OTHER: CONrItAC1ED SERVICES 1.0 LS 231.000 EQUIRMI27r REWAI, Im L9 If,M) SLGNAL LF ASGLI VEHICLE 2.0: DAY 100 TOTAL (RHI,R ITEMS COST 359:EA1 35y,lUU PROJECr, SUUTOTAi., 1<77,1911 CON'rINCiE14C1E,4 DILL, PREPARA170N FEE Q GRO55 PROIT:Cr.COST I,D7s;vn LESS COST PAID UY RNSF 0 rcrrAl. HILI.AULI' COST 1,075:170 Page 191117P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 SHI... MAINTAIN PROPRIETARY CON FIDENTIALI'rY ..... BNSF RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF FORT COLLINS, COLORADO LOCATION FORT COLLINS, CO. SIP 70.129 DETAILS OF ESTIMATE PLAN ITEM: TBD VERSION: I PURPOSE. JUSTIFICATION AND DESCRIPTION ONSITE ENGINEER- LS 476-YIP 70, 12_9-DOT 244773S - TROUTMAN UNDERPASS - FRT RANGE SUB - CO DIV - ROM D NEUBAUER- DE CARPENTER DESCRIPTION OF PROJECT AS PROVIDED BY PROJECT ENGINEER: G.ELIASSEN DUTIES FOR BNSF ON -SITE ENGINEERING REPRESENTATIVE. BILLING FOR THIS PROJECT SHOULD BE DIRECTED TO: 100 o BILLABLE TO CITY OF FOR COLLINS, COLORADO MAINTAIN PROPRIETARY CONFIDENTIALITY THE PHYSICAL LIMITS OFTHIS PROJECT ARE DESCRIBED 13Y LINE SEGMENT, MILE POST RANGES. AND IN SOME CASES TRACK NUMBER. THIS IS THE PRIMARY AREA FOR THE PROJECT. THERE WILL BE CASES WHERE WORK MAY OCCUR BEYOND THE DEFINED LIMITS. PROJECTS THAT INCLUDE SIGNAL. ELECTRICAL. OR TELECOMMUNICATION EQUIPMENT MAY REQUIRE ACTIVITY BEYOND THESE DEFINEDTRACK LIMITS. ALL OR PORTIONS OF SOME PROJECTS MAY OCCUR IN AREAS WHERE NO MILEPOSTSIGNS EXIST SUCH AS YARDS. THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFFER'FEE ESTIMATE IS SUBIECTTO CHANGE IN COST FOR LABOR. MATERIAL. AND OVERHEAD. DESCRIPTION QUANTITY U/M COST l'OTALS LABOR TOTAL LABOR COST a.xnr...ss..< NATERIAL TOTAL MATERIAL COST OTHER ONSITE ENGINEERING REP TOTAL OTHER ITEMS COST PROJECT SUB TOTAL CONTINGENCIES BILL PREPARATION FEE GROSS PROJECT COST LESS COST PAID BY BNSF TOTAL BILLABLE COST Page 110 TP 0 0 0 0 350.0 DAY 45.000 45.000 45,000 19.OW 4,500 0 50,332 J COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 Form Approved_'by VP -Lary RXHLBYr E TO UNDERPASS AGREE -ME, NT [Pub[id Projects Manager's letterhead] Date: of Agency Elerej �s for.Agency] January 2012 ,Re: Final Approval of Plans and Specifications dated 20_ drafted by [insert name.of architecture or engineering firm here] (hereinafter called, the "Plans and'Speci6catiuns") Dear This tetter serves �as• BNSF RAILWAY COMPA.NY's ("BNSF") final written. approval' of, the .Plans and Specifications covering the,construction of . [insert description of the project here- _1. This 'final written approval ,is given io [insert name of Agency here];("Agency"):pursuant to Article] 11, Section .t of that certain Underpass. Agreement between BNSF and Agency, dared 200_. ,ff the Plans and Specifications arerevised by Agency subsequent,to the elate set forth above,, this. letter shall' no longer serve as. final written approval of the Plans and Specifications and Agency must resubmit said Plans and Specifications to:.BNSF for frnaL written approval. Regards, • [Public Projccfs Nlaiiager's Namcl Is 119P FonnUlOi ReV.06/01/05 COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 RAILWAY March 23, 2011 Ms. Helen Migchelbrink Engineering Department City of Fort Collins 28l N. College Ave. Fort Collins., CO 80522-0580 January 2012 ndy Amparan BNSF Railway Company Manager, Public Projects 4515 Kansas Avenue Colorado, Nebraska & Wyoming ansas City, KS 66106-1199 13-551-4964 ax 913-551-4794 mail and .amoaran bnsf.com • RE: Concept Approval of Plans and Specifications, re Troutman Pedestrian Underpass Grade Separation Agreement — DOT 929053U, L/S 476, NIP 72.29 Dear Ms. Migchelbrink: This letter serves as BNSF RAILWAY'S COMPANY'S ("BNSF") written approval of the conceptual Plans and specifications covering the construction of Troutman Pedestrian Underpass, • subject to incorporation of BNSF comments and review of the final details.. BNSF has not reviewed the design details or calculations for structural integrity or engineering accuracy. BNSF accepts no responsibility for errors or omissions in the design of the project. Sincerely, Andy Amparan Manager — Public Projects 120P 0 COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 Form A. pprovcd by VP-Lasv EXHIBIT F TO UNDERPASS A'GREENIENT I;NSF Bridge Requirements 'BRIDGE DESIGN,.PLANS & SPECIFICATIONS: Except foil the.design.of temporary falsework and shoring; BNSF review.of the Structure plans will be limited Io the vertical and horizontal clearances, sight distance for existing train signals, foundation dimensions and drainagecharacteristics as• they relate to existing and future tracks-: BASF will not review steUdLural•design calculations.•for'the permanent Structure.untess a rrierrber or members are influenced' by.radroad live :loads:, Temporary falsework and shoring plans. and "calculations must:be: reviewed and approved'by BNSF prior to beginning construction. The Agency shall perform an independent review of the design calculations for temporary falsework and shoring prior to: submitting them to •BNSF for approval Temporary construction clearances m«st be no less than 15 feet Ricasured horizontally From the centerline of the nearest track and ZL feet-6inthes. rheas Mired vertically froni the top. of rail of the most elevated track to the bottom. of lowest temporary falsework member: State regutatoryagencics may have more restrictive requirements .fortemporary railroad clearances. For- the permanent Structure, the Agency will submit plans showing the least horizontal distance from the centerline of existing and future. tracks, to the -face of the nearest member -"of the proposed Structure. The location of the (cast horizontal distance must *be accurately described . such that BiNSF�can determine where, it will occur in both the horizonfal and vertical plane. '.If .the permanent member is, within 25 feet of the nearest track (or fttfure track),,collision walls "shall bg incorporated into. thc:permanent Stmcturedesign according to American Railway. Engineering and Nlaintenance Association Manual. of Recommended Practice - Cliapter 8.- Article 1l.5. 0 For the permanent.Structure, the"Agency will sub mit.plans.showing theaeast vertical clearance from top of the most elevated rail of existing and future tracks to the Iowcsl point of the proposed Structure. A prof le"of the existing top of rail elevation- shall be plotted on the bridge plans_ The profilc•shalt extend for 500 feet in each direction of the proposed ovcrpass."and a separate profile. shall be -plotted foreach track; af'.the existing top of rail' profile(s) is' notunifornt such that a sag exists in the vicinity of the "proposed Structure, the permanent StruCCnre. vertical clearance shall be increased sufficiently -to accorrimodate a"raise in the track profileto remove the sag. Prior to beginningcopstructionof the permanent Structure„the top o[rail,elevations•shouId-be checked and verified that they have"not changed from the assumed'elevations utilized for the design, of the. bridge. Prior to issuing tiny invitation to .bid on construction of the Structure; 'the Agency should conduct a pre -bid ruceting where prospective" Contractors have the opportunity to communicate with BNSF personnel regarding site specific, train speedsi 'train density, and general safety requirements for men and equipment working near live tracks. Any invitation to bid and specifications for the Structure must be submitted to BNSF for review and approval prior to letting of bids for the. Project. BRIDGE CONSTRUMON: rurrt; n 105 "Rev: M01i05 9 121P COLORADO PROJECT NO. AQC M455-089 January 2012 CONSTRUCTION SUBACCOUNT NO. 16526 Form Approved by VP-LaNv • After awarding the bid, but prior to the Contractor entering BNSF's right -of —way ;or property, the Agency should conduct a pre=construction meeting with BNSF personnel in attendance_ to reiterate tlic safety. requirements of construction activity adjacent to live tracks. During construction, BNSF may require aii independent engineering, inspector to be present during certain critical. activitiesof the Project,. including but not limited to: driving foundation piles, erecting falsework, construction of shoring and retaining walls,, placing concrete, placing soil bac. ill and compaction processes, The Agency shall reimburse BNSF for all costs -of supplemental inspection services. Within 90 days of the conclusion of the Project and final acceptance by BNSF, the Agency .will provide BNSF with a complete electronic set of the bridge plans labeled "As .Built", Those plans will reflect any and all deviations from the original plans that occurred during construction, The "As Built" plans will be submitted in. N icro ;Station *'.An electronic format (preferred) or AutoCAD *:dwa format. Electronic plains are to be submitted in the original format used for CAD plan preparation and not c6nvertcd to :another format prior to submission. Actual measured "as constricted" clearances sliall 'be shown as well as depth, size and location of all foundation, components. Theplans: shall show dimensioned locations of existing and relocated utilities. B R[DGE_tv[AI ITENA NCE,- The. Agency will be responsible for maintenanceand repair of the.Structure including the earth • retention components, embankment slopes, erosion .control., surface drainage, fencing, deck .drains, landscaping, paint, walkways, handrails, lightipg, and other improveniciats associated with the Project.. Fencing and other pedestrian access controls with.in•BNSF's right-of-way and incorporated into. the Project shall be designed and maintained'by the Agency. Trespasser control shall be the responsibility of the Agcncy. Graffiti removal will be the responsibility of thc.Agency. BRIDGE INSPECTION: The Agcncy will conduct -annual routine structural hispecticns. [n the event of an earthquake, fire, flood; damage from .vehicular impacts or other emergent situations, the, Agency will -provide an immediate inspection. by qualified personnel and notify.BNSF of damage that may affect safe passage of trains: ff necessary the Agency'wil.l embargo weights or provide lane closures or other saich measures to protect the structural integrity of the Structure such that there can be continuous safe passage of trairl5 until repidrs a re made: BRIDGE ALTERATIONS: Except as provided otherwise by this t\gceenient, there Witt be no alterations made to the Structure that will alter the railroad vertical or horizontal clearances provided by the original 11 arorm 0105Rcv. (16101105 I6 122P r 1 U COLORADO PROJECT NO. AQC M455-089 CONSTRUCTION SUBACCOUNT NO. 16526 Form elpproved by VP -Law January 2012 .design. Pipelines will be not be added brattached to the e Stricture .without' irst subn-utting plans .and calculaiions toBNSF for review.and approval. rgno of os ReV, (WO I II 123P STANDARD SPECIAL PROVISIONS u 0 20. Are any lawsuits pending against you or your firm at this time? n IF yes, DETAIL 21. What are the limits of your public liability? DETAIL 000 000 What Company? Tavele�s 22. What are your company's bonding limitations? 15i 000 000 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 9 • 30aen thisd 1 -5 } dayof e r rc, 201a. -kA re. Name of Bid er By: Title: �re S k d c In � State of Cnloreedr7 County of . - c� ono e. Ihn-Ae,S H. Arr.kSon being duly sworn deposes and says that he is Pre s;de,4 of _57+rt,r}6ifc5•'�r and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed ad sworn � before me this 1 ' } day o201�? �f u-cd � Notary Public 111 My commission expires o)/ 1 7 /tJ01 3 Rev 10r20107 Section 00420 Page 3 May 5, 2011 REVISION OF SECTION 103 ESCROW OF PROPOSAL DOCUMENTATION Section 103 of the Standard Specifications is hereby revised for this project as follows: Add subsection 103.05 as follows: 103.05 Escrow of Proposal Documentation (EPD). The successful bidder, and subcontractors with subcontracts exceeding $200,000, shall submit all information and calculations used to determine their bid for this project prior to executing the Contract. This documentation hereinafter referred to as "Escrow of Proposal Documentation" or "EPD", will be held in escrow for the duration of the Contract. If necessary, it will be used for the purpose of determining the Contractor's proposal concept, for price adjustments as provided in the Contract, or to resolve any dispute or claim by the Contractor. (a) Format. Bidders and subcontractors are encouraged to submit the EPD in their usual cost -estimating format; a standard format is not required. It is not the intention of this specification to cause extra work during the preparation of a proposal, but to ensure that the documentation will be adequate to enable complete understanding and proper interpretation for the intended use. The EPD shall clearly itemize the costs for each pay item. Each pay item shall be broken down into components small enough to allow a detailed cost estimate. Costs allocated to each component shall be broken down into the bidder's usual estimate categories such as direct labor, repair labor, equipment parts and supplies, expendable materials, permanent materials, and subcontractor cost as appropriate. Plant and equipment and indirect cost shall be broken down in the bidder's usual format. Plant and equipment and indirect cost allocations shall be made to each bid item as appropriate. All costs shall be identified. The EPD shall include quantity takeoffs, construction schedule on which the bid is based, rates of production and progress, calculations, copies and quotes from subcontractors and suppliers, memoranda, narratives, and all other information used by the bidder to arrive at all of the prices contained in the proposal. Manuals standard to the industry that are used by the Contractor may be included by reference to the name, date, anc publisher of the manual. (b) Submittal. The EPD shall be submitted to the Engineer in a sealed container, prior to executing the Contract, and shall be clearly marked with the bidder's name, date of submittal, project number, and "Escrow of Proposal Documentation." The EPD shall be accompanied with an affidavit, in the form following this subsection, signed by an individual authorized by the bidder to execute the proposal, stating that the material in the EPD contains all of the information which was used to develop the bid, that the individual has personally examined the contents of the EPD container, and the documentation is correct and complete. Failure to submit EPDs as herein required will be cause for rejection of the proposal. The successful bidder agrees, as a condition of award of the Contract, that the EPD constitutes all the assumptions and information used in the preparation of its proposal, and that no other proposal preparation information shall be considered in evaluating disputes or claims. (c) Storage. The EPDs are, and shall remain, the property of the Contractor or subcontractors who prepared them and they are subject to use as provided herein. The EPDs shall be placed in escrow during the life of the Contract, in a banking institution or other bonded document storage facility suggested by the Engineer and acceptable to the Contractor. The cost of storage shall be paid by the Contractor. (d) Examination. The EPDs may be examined at any time deemed necessary by the Engineer or the Contractor, in conjunction with settling disputes, claims, or contract modification orders. When the Engineer or Contractor determine that it will be necessary to review an EPD, the EPD shall be reviewed by the Engineer and either the prime Contractor or the subcontractor that submitted the EPD. If the prime Contractor and the subcontractor agree, in writing, the prime Contractor may be present when the subcontractor's EPD is reviewed. Examination of the EPD is subject to the following conditions: 0 May 5, 2011 2 REVISION OF SECTION 103 ESCROW OF PROPOSAL DOCUMENTATION (1) The EPDs are proprietary and confidential and shall be treated as such. (2) The Engineer and the Contractor shall each designate three representatives who are authorized to examine the EPDs. In addition, the Contractor shall designate one additional representative for every EPD submitted by subcontractors. (3) Each party shall designate a representative to receive notice of examination of the EPD. (4) Prior to examining the EPD 24 hours written notice shall be given to the other party, so that the examination can be witnessed by the other party. The notice shall include a list of the bid items or areas of work that will be examined. (5) An authorized representative of the Engineer and the Contractor shall be present (1) to gain access to the EPD, and (2) during all examinations of the EPD. At no time will the EPD be allowed sole possession by either party. (6) Following each examination, the EPD will be resealed and returned to the escrow institution, in the presence of an authorized representative of the Engineer and the Contractor. (e) Subcontracting. If the successful bidder's proposal is based upon subcontracting any part of the work, the successful bidder shall then require each subcontractor whose total subcontract price exceeds $200,000 to provide a separate EPD to the Engineer, to be submitted at the same time as the bidder's EPD. The EPDs shall comply with the requirements of this subsection. A separate EPD affidavit, signed by the individual subcontractor, shall accompany the subcontractor's EPD. If the Contractor wishes to subcontract any portion of the work after executing the Contract, or change subcontractors, the Engineer retains the right to require the subcontractor to submit an EPD in accordance with this subsection before the subcontract is approved. (f) Return. The EPDs will be returned to the Contractor and subcontractors after all claims, disputes, and litigation have been resolved, final payment on the Contract has been made and accepted, and the Contractor submits a signed statement that no further claims shall be submitted on any project to which the EPDs are applicable. ESCROW OF PROPOSAL DOCUMENTATION AFFIDAVIT THE UNDERSIGNED HEREBY CERTIFIES THAT THE ESCROW OF PROPOSAL DOCUMENTATION CONTAINED HEREIN CONTAINS ALL OF THE INFORMATION WHICH WAS USED TO DEVELOP THE PROPOSAL AND THAT I HAVE PERSONALLY EXAMINED THESE CONTENTS AND THAT THE DOCUMENTATION IS CORRECT AND COMPLETE IN ACCORDANCE WITH SUBSECTION 103.05. SUBMITTAL BY THE CONTRACTOR OF A CLAIM WHICH IS NOT CONSISTENT WITH THE CONTENTS OF THESE PROPOSAL PREPARATION DOCUMENTS SHALL RESULT IN DENIAL OF THE CLAIM. By: Title: Firm: Date of Submission: Project Number: 0 October 27, 2011 1 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Section 105 of the Standard Specifications is hereby revised for this project as follows: In subsection 105.22 delete the fourth, fifth, sixth, seventh, and eighth paragraphs and replace them with the following: If CDOT does not respond within the specified timelines, the Contractor may advance the dispute to the next level. When the Project Engineer is a Consultant Project Engineer, actions, decisions, and determinations specified herein as made by the Project Engineer shall be made by the Resident Engineer. The dispute resolution process set forth in this subsection shall be exhausted in its entirety prior to initiation of litigation or arbitration. Failure to comply with the requirements set forth in this subsection shall bar either party from any further administrative, equitable, or legal remedy. If a deadline is missed that does not prejudice either party, further relief shall be allowed. All disputes and claims shall be submitted within 30 days of the date of the certified letter submitting the CDOT Form 96, Contractor Acceptance of Final Estimate, to the Contractor. Failure to submit a dispute or claim within this time period releases the State of Colorado from all disputes and claims for which notice has not already been submitted in accordance with the Contract. • All disputes and claims seeking damages calculated on a Total Cost or Modified Total Cost basis will not be considered unless the party asserting such damages establishes all the legal requirements therefore. Delete subsection 105.22(a) and (b) and replace them with the following: (a) Document Retention. The Contractor shall keep full and complete records of the costs and additional time incurred for each dispute for a period of at least three years after the date of final payment or until dispute is resolved, whichever is more. The Contractor, subcontractors, and lower tier subcontractors shall provide adequate facilities, acceptable to the Engineer, for an audit during normal business hours. The Contractor shall permit the Engineer or Department auditor to examine and copy those records and all other records required by the Engineer to determine the facts or contentions involved in the dispute. The Contractor shall identify and segregate any documents or information that the Contractor considers particularly sensitive, such as confidential or proprietary information. Throughout the dispute, the Contractor and the Project Engineer shall keep complete daily records of extra costs and time incurred, in accordance with the following procedures: 1. Daily records shall identify each operation affected, the specific locations where work is affected, and the potential effect to the project's schedule. Such records shall also reflect all labor, material, and equipment applicable to the affected operations. 2. On the first work day of each week following the date of the written notice of dispute, the Contractor shall provide the Project Engineer with the daily records for the proceeding week. If the Contractor's records indicate costs greater than those kept by the Department, the Project Engineer will meet with the Contractor and present his records to the Contractor at the meeting. The Contractor shall notify the Engineer in writing within three work days of any inaccuracies noted in, or disagreements with, the Department's records. (b) Initial Dispute Resolution Process. To initiate the dispute resolution process the Contractor shall provide a . written notice of dispute to the Project Engineer upon the failure of the Parties to resolve the issue through October 27, 2011 2 REVISION OF SECTION 105 O DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS negotiation. Disputes will not be considered unless the Contractor has first complied with specified issue resolution processes such as those specified in subsections 104.02, 106.05, 108.07(a), and 108.07(d). The Contractor shall supplement the written notice of dispute within 15 days with a written Request for Equitable Adjustment (REA) providing the following: (1) The date of the dispute (2) The nature of the circumstances which caused the dispute (3) A statement explaining in detail the specific provisions of the Contract and any basis, legal or factual, which support the dispute. (4) If any, the estimated quantum, calculated in accordance with methods set forth in Subsection 105.24(b)12., of the dispute with supporting documentation (5) An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall submit as much information on the quantum and impacts to the Contract time as is reasonably available with the REA and then supplement the REA as additional information becomes available. If the dispute escalates to the DRB process the DRB shall not hear any issue or consider any information that was not contained in the Request for Equitable Adjustment and fully submitted to the Project Engineer and Resident Engineer during the 105.22 process. In subsection 105.23(b) delete items 3 and 4 and replace them with the following: 3. If the dispute has a value over $250,000, the On Demand DRB shall have three members. The Contractor and CDOT shall each select a member and those two members shall select a third. Once the third member is approved the three members will nominate one of them to be the Chair and execute the agreement within 45 days of initiating the DRB process. The Standing DRB shall always have three members. The Contractor and CDOT shall each select a member and those two members shall select a third member. Once the third member is approved the three members will nominate one of them to be the Chair.. The Contractor and CDOT shall submit their proposed Standing DRB members within 5 days of execution of the Contract. The third member shall be selected within 15 days of execution of the Contract. Prior to construction starting the parties shall execute the Three Party Agreement. The CDOT Project Engineer will be responsible for executing the agreement. The Project Engineer will invite the Standing DRB members to the Preconstruction and any Partnering conferences. Subsection 105.23 (c) shall include the following: 4. Advisory Opinions (1) Advisory opinions are typically used soon after the parties find they have a potential dispute and have conducted preliminary negotiations but before expenditure of additional resources and hardening their positions. Advisory opinions provide quick insight into the DRB's likely assessment of the dispute. This process is quick and may be entirely oral and does not prejudice the opportunity for a DRB hearing. (2) Both parties must agree to seek an advisory opinion and so notify the chairperson. The procedure for requesting and issuing advisory opinions should be discussed with the DRB at the first meeting with the parties. (3) The DRB may or may not issue a written opinion, but if a written advisory opinion is issued, it must be at the specific request of both parties. (4) The opinion is only advisory and does not require an acceptance or rejection by either party. If the dispute is not resolved and a hearing is held, the oral presentations and advisory opinion are completely disregarded and the DRB hearing procedure is followed. (5) Advisory opinions should be limited to merit issues only. October 27. 2011 3 • REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS In subsection 105.23(d) delete item 1 and replace it with the following: 1. Contact the Contractor -and the ORB to coordinate an acceptable hearing date and time. The hearing shall be held at the Resident Engineer's office unless an alternative location is agreed to by both parties. Unless otherwise agreed to by both parties the ORB hearing will be held within 30 days after the ORB agreement is signed by the COOT Chief Engineer. Delete subsection 105.23(e) and replace it with the following: (e) Pre -Hearing Submittal: At least fifteen days prior to the hearing, CDOT and the Contractor shall submit by e- mail to the ORB Chairperson their parties pre -hearing position paper. The ORB Chairperson shall simultaneously distribute by e-mail the pre -hearing position papers to all parties and other DRB members, if any. At the same time, each party shall submit a copy of all its supporting documents to be used at the hearing to all DRB Members and the other parry unless the parties have agreed to a common set of documents as discussed in #2 below. In this case, CDOT shall submit the common set of documents to the Board and the Contractor. The pre -hearing position paper shall contain the following: 1. A joint statement of the dispute, and the scope of the desired decision. The joint statement shall summarize in a few sentences the nature of the dispute. If the parties are unable to agree on the wording of the joint statement, each party's position paper shall contain both statements, and identify the party authoring each statement. The parties shall agree upon a joint statement at least 20 days prior to the hearing and submit it to the DRB or each party's independent statement shall be submitted to the DRB and the other party at least 20 days prior to the hearing. 2. The basis and justification for the party's position, with reference to specific contract language and other supporting documents for each element of the dispute. To minimize duplication and repetitiveness, the parties may identify a common set of documents that will be referred to by both parties and submit them in a separate package to the DRB. The engineer will provide a hard copy of the project plans and Project and Standard Special Provisions, if necessary, to the DRB. Other standard CDOT documents such as Standard Specifications and M&S Standards are available on the COOT website. (t) If any party contends that they are not necessary to the proceedings, the DRB shall determine that issue in the first instance. Should the DRB determine that a dispute does not involve a party, that party shall be relieved from participating in the DRB hearing and paying any further DRB costs. (2) When the scope of the hearing includes quantum, the requesting party's position paper shall include full cost details, calculated in accordance with methods set forth in subsection 105.24(b)12. The Scope of the hearing will not include quantum if COOT has ordered an audit and that audit has not been completed. 3. A list of proposed attendees at the hearing. In the event of any disagreement, the DRB shall make the final determination as to who attends the hearing. 4. A list of any intended experts including their qualifications and a summary of what their presentation will include and an estimate of the length of the presentation. The number of copies, distribution requirements, and time for submittal shall be established by the DRB and communicated to the parties by the Chairperson. A pre -hearing phone conference with all DRB members and the parties shall be conducted as soon as a hearing date is established but no later than 10 days prior to the hearing. The DRB Chairperson shall explain the specifics of how the hearing will be conducted including how the two parties will present their information to the DRB (Ex: Each party makes a full presentation of their position or presentations will be made on a "point by point" basis with each party making a presentation only on an individual dispute issue • before moving onto to the next issue). If the pre -hearing position papers and documents have been received by the Board prior to the conference call, the DRB Chairperson shall at this conference discuss the estimated hours of review and research activities for this dispute (such as time spent evaluating and October 27, 2011 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS preparing recommendations on specific issues presented to the DRB). If the pre -hearing position papers and documents have not been received by the Board prior to the conference call, another conference call will be scheduled during the initial conference call to discuss the estimated hours of review. Compensation for time agreed to in advance by the parties will be made at an agreed rate of $125 per hour in accordance with subsection 105.23 (k) 2. Compensation for the phone conference time will also be made at an agreed to rate of $125 per hour in accordance with subsection 105.23 (k) 2. The Engineer shall coordinate the phone conference. In subsection 105.23(f) delete items 2 and 3 and replace them with the following: 2. The party that requested the DRB presents the dispute in detail as supported by previously submitted information and documentation in the pre -hearing position paper. No new information or disputes will be heard or addressed by the DRB. 3. The other party presents its position in detail as supported by previously submitted information and documentation in the pre -hearing position paper. No new information or disputes will be heard or addressed by the DRB. In subsection 105.23(f) delete item 9 and replace it with the following: 9. The DRB shall hear only those disputes identified in the written request for the DRB and the information contained in the pre -hearing submittals. The board shall not hear or address other disputes. If either party attempts to discuss a dispute other than those to be heard by the DRB or attempts to submit new information, the chairperson shall inform such party that the board shall not hear the issue and shall not accept any additional information. The DRB shall not hear any issue or consider any information that was not contained in the Request for Equitable Adjustment and fully submitted to the Project Engineer and Resident Engineer during the 105.22 process. Subsection 105.23(i) shall include the following as the fourth paragraph: If either party fails to submit its written acceptance or rejection of the Dispute Board's recommendation, according to these specifications, such failure shall constitute that party's acceptance of the Board's recommendation. In subsection105.23 (I) delete the third party agreement and replace it with the following: DISPUTE REVIEW BOARD THREE PARTY AGREEMENT COLORADO PROJECT NO. THIS THREE PARTY AGREEMENT, made as of the date signed by the Chief Engineer below, by and between: the Colorado Department of Transportation, hereinafter called the "Department"; and hereinafter called the "Contractor"; and and hereinafter called the "Dispute Review Board" or "Board". WHEREAS, the Department is now engaged in the construction of the 0 • 0 (Project Namel and 5 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS October 27, 2011 WHEREAS, the Contract provides for the establishment of a Board in accordance with subsections 105.22 and 105.23 of the specifications. NOW, THEREFORE, it is hereby agreed: ARTICLE I DESCRIPTION OF WORK AND SERVICES The Department and the Contractor shall form a Board in accordance with this agreement and the provisions of subsection 105.23. ARTICLE II COMMITMENT ON PART OF THE PARTIES HERETO The parties hereto shall faithfully fulfill the requirements of subsection 105.23 and the requirements of this agreement. ARTICLE III COMPENSATION The parties shall share equally in the cost of the Board, including general administrative costs (meeting space and facilities, secretarial services, telephone, mail, reproduction, filing) and the member's individual fees. Reimbursement of the Contractor's share of the Board expenses for any reason is prohibited. The Contractor shall make all payments in full to Board members. The Contractor will submit to the Department an itemized statement for all such payments, and the Department will split the cost by including 50 percent payment on the next progress payment. The Contractor and the Department will agree to accept invoiced costs prior to payment by the Contractor. DISPUTE REVIEW BOARD THREE PARTY AGREEMENT PAGE 2 COLORADO PROJECT NO. Board members shall keep all fee records pertaining to this agreement available for inspection by representatives of the Department and the Contractor for a period of three years after the termination of the Board members' services. Payment to each Board member shall be at the fee rates established in subsection 105.23 and agreed to by each Board member, the Contractor, and the Department. In addition, reimbursement will be made for applicable expenses. October 27. 2011 6 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Each Board member shall submit an invoice to the Contractor for fees incurred each month following a month in which the members participated in Board functions. Such invoices shall be in the format established by the Contractor and the Department. Payments shall be made to each Board member within 60 days after the Contractor and Department have received all the applicable billing data and verified the data submitted by that member. The Contractor shall make payment to the Board member within seven calendar days of receipt of payment from the Department. ARTICLE IV ASSIGNMENT Board members shall not assign any of the work to be performed by them under this agreement. Board members shall disclose any conflicts of interest including but not limited to any dealings with the either party in the previous five years other than serving as a Board member under other contracts. ARTICLE V COMMENCEMENT AND TERMINATION OF SERVICES The commencement of the services of the Board shall be in accordance with subsection 105.23 of the specifications and shall continue until all assigned disputes under the Contract which may require the Board's services have been heard and a Recommendation has been issued by the Board as specified in subsection 105.23. If a Board member is unable to fulfill his responsibilities for reasons specified in subsection 105.23(b)7, he shall be replaced as provided therein, and the Board shall fulfill its responsibilities as though there had been no change. ARTICLE VI LEGAL RELATIONS The parties hereto mutually agree that each Board member in performance of his duties on the Board is acting as an independent contractor and not as an employee of either the Department or the Contractor. Board members will guard their independence and avoid any communication about the substance of the dispute without both parties being present. The Board members are absolved of any personal liability arising from the Recommendations of the Board. The parties agree that members of the dispute review board panel are acting as mediators for purposes of C.R.S. § 13-22-302(4) and, as such, the liability of any dispute review board member shall be limited to willful and wanton misconduct as provided for in C.R.S. § 13-22-305(6) DISPUTE REVIEW BOARD THREE PARTY AGREEMENT PAGE 3 COLORADO PROJECT NO. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed the day and year first written above. BOARD MEMBER: LOW • 0 October 27. 2011 7 • REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS BOARD MEMBER: X04 BOARD MEMBER: BY: CONTRACTOR: BY: TITLE COLORADO DEPARTMENT OF TRANSPORTATION BY: Date: TITLE: CHIEF ENGINEER In subsection 105.24 (b) 12, delete A and replace with the following: A. These categories represent the only costs that are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1) Actual wages and benefits, including FICA, paid for additional labor not otherwise included in (5) below (2) Costs for additional bond, insurance and tax (3) Increased costs for materials (4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and based on certified invoice costs for rented equipment (5) Costs of extended job site overhead (6) Costs of salaried employees not otherwise included in (1) or (5) above incurred as a direct result of the dispute or claim (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is required for all such claims) (8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead. (9) Interest shall be paid in accordance with CRS 5-12-102 beginning from the date of the Notice of Intent to File Claim In subsection 105.24(c) delete the first sentence and replace it with the following: An audit may be performed by the Department for any dispute or claim, and is mandatory for all disputes and claims with amounts greater than $250,000. Subsection 105.24 shall include the following: SAMERICAN ARBITRATION ASSOCIATION CONSTRUCTION INDUSTRY ARBITRATION RULES MODIFIED FOR USE WITH CDOT SPECIFICATION SUBSECTION 105.24 October 27, 2011 8 REVISION OF SECTION 105 • DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS REGULAR TRACK PROCEDURES R-1. Agreement of Parties (a) The parties shall be deemed to have made these rules a part of their Contract. These rules and any amendments shall apply in the form in effect at the time the administrative requirements are met for a demand for arbitration. The parties, by written agreement, may vary the procedures set forth in these rules. After appointment of the arbitrator, such modifications may be made only with the consent of the arbitrator. (b) Unless the parties determine otherwise, the Fast Track Procedures shall apply in any case in which aggregate claims do not exceed $75,000, exclusive of interest and arbitration fees and costs. Parties may also agree to use these procedures in larger cases. Unless the parties agree otherwise, these procedures will not apply in cases involving more than two parties except for pass -through claims. The Fast Track Procedures shall be applied as described in Sections F-1 through F-13 of these rules, in addition to any other portion of these rules that is not in conflict with the Fast Track Procedures. (c) Unless the parties agree otherwise, the Procedures for Large, Complex Construction Disputes shall apply to all cases in which the disclosed aggregate claims of any party is at least $500,000, exclusive of claimed interest, arbitration fees and costs. Parties may also agree to use these procedures in cases involving claims under $500,000, or in nonmonetary cases. The Procedures for Large, Complex Construction Disputes shall be applied as described in Sections L-1 through L-4 of these rules, in addition to any other portion of these rules that is not in conflict with the Procedures for Large, Complex Construction Disputes. (d) All other cases shall be administered in accordance with Sections R-1 through R-45 of these rules. R-2. Independent Arbitration Provider and Delegation of Duties When parties agree to arbitrate under these rules, or when they provide for arbitration by an independent third - party (Arbitration Provider) and an arbitration is initiated under these rules, they thereby authorize the Arbitration Provider to administer the arbitration. The authority and duties of the Arbitration Provider are prescribed in the parties' Contract and in these rules, and may be carried out through such of the Arbitration Provider's representatives as it may direct. The Arbitration Provider will assign the administration of an arbitration to its Denver office R-3. Initiation of Arbitration Arbitration shall be initiated in the following manner. (a) The Contractor shall, within 30 days after the Chief Engineer issues a decision, submit to the Chief Engineer written notice of its intention to arbitrate (the "demand"). The demand shall indicate the appropriate qualifications for the arbitrator(s) to be appointed to hear the arbitration. (b) CDOT may file an answering statement with the Contractor within 15 days after receiving the demand. If a counterclaim is asserted, it shall contain a statement setting forth the nature of the counterclaim, the amount involved, if any, and the remedy sought. (c) The Chief Engineer shall retain an Arbitration Provider, such as the American Arbitration Association, which will administer an arbitration pursuant to these Rules, except to the extent that such rules conflict with the specifications, in which case the specifications shall control. (d) The Arbitration Provider shall confirm its retention to the parties. • 0 11. Projects Recently Completed Project Name Owner Final Contract Amount Location Type of Construction Date of Completion Old Wadsworth Big Dry Creek Trail City of Westminster $ 4.017,036 Westminster, CO Removal of existing bridge; construction of new bridge, roadway construction Au -09 Brush Creek Bride Rehab Lockheed Martin $ 263.418 Littleton, CO Bridge Rehab Aug-09 Inverness Drive Over Cottonwood Creek Arapahoe County $ 373,071 Englewood, CO Bridge Ma -10 1-70 Frisco to Vail Pass CDOT $ 1,162,261 Summit & Eagle Counties Multiple Bridge Rehabilitations Jul-10 Douglas CR 16 Over Plum Creek Bride Douglas County $ 1,123,180 Louviers, Colorado Bride Jul-10 1-25 & Santa Fe Emergency Bridge Repairs CDOT $ 340,206 Denver, Colorado Emergency Bridge Repair Au -10 1-25 & Arapahoe Rd CDOT $ 3,126,571 Greenwood Village, CO Interchange Improvements Nov-10 1-70 & Ward Road CDOT $ 124.391 Jefferson County, CO Interchange Improvements Nov-10 UPRR Bearing Replacement Union Pacific Railroad $ 706,365 Sweetwater County, WY Bridge Rehabilitation Feb-11 1-70/Ward Rd. (Change Order) COOT $ 792,185 Jefferson County, CO H drodemolition Jul-11 SH96 CDOT $ 2,977,369 Crowley, Kiowa and Otero Counties Design Build/Bridge Replacement Oct-11 80th Avenue Over US36 CDOT $ 7,944,238 Adams County, CO Bride Replacement Nov-11 1-270 Bridge Deck Rehab CDOT $ 1,868,521 Commerce Cl' , CO H drodemolition Nov-11 1-70 Skippers Island Multiple Structures Repair CDOT $ 1.907,208 Fruita, Mesa Ct , CO H drodemolition Dec-11 McIntyre St. Bridge Repair IJefferson County I $ 702,638 Golden. CO Bridge Rehab Jan-12 13. Similar Projects Final Contract Date of Project Name Owner Amount Location Type of Construction Completion Bridge -Construction of 12' x 18' precast concrete box culvert bridge allowing for future highway widening on Trout Creek Pass COOT $ 786,267 Buena Vista, CO Highway 24. Jun-07 Removal of existing bridge, Old Wadsworth Big Dry Creek construction of new bridge, Trail City of Westminster $ 4,017.036 Westminster, CO roadway construction Au -09 80th Avenue Over US36 CDOT $ 7,944,238 Adams County, CO Bridge Replacement Nov-11 October 27, 2011 9 • REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS R-4. Consolidation or Joinder If the parties' agreement or the law provides for consolidation or joinder of related arbitrations, all involved parties will endeavor to agree on a process to effectuate the consolidation or joinder. If they are unable to agree, the Arbitration Provider shall directly appoint a single arbitrator for the limited purpose of deciding whether related arbitrations should be consolidated or joined and, if so, establishing a fair and appropriate process for consolidation or joinder. The Arbitration Provider may take reasonable administrative action to accomplish the consolidation or joinder as directed by the arbitrator. R-5. Appointment of Arbitrator An arbitrator shall be appointed in the following manner: (a) Immediately after the Arbitration Provider is retained, the Arbitration Provider shall send simultaneously to each party to the dispute an identical list of 10 names of potential arbitrators. The parties are encouraged to agree to an arbitrator from the submitted list and to advise the AAA of their agreement. Absent agreement of the parties, the arbitrator shall not have served as the mediator in the mediation phase of the instant proceeding. (b) If the parties cannot agree to arbitrator(s), each party to the dispute shall have 15 calendar days from the transmittal date in which to strike names objected to, number the remaining names in order of preference, and return the list to the Arbitration Provider. If a party does not return the list within the time specified, all persons • named therein shall be deemed acceptable. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the Arbitration Provider shall invite an arbitrator to serve. (c) Unless both parties agree otherwise one arbitrator shall be used for claims less than $250,000 and three arbitrators shall be used for claims $250,000 and greater. Within 15 calendar days from the date of the appointment of the last arbitrator, the Arbitration Provider shall appoint a chairperson. (d) The entire claim record will be made available to the arbitrators by the Chief Engineer within 15 calendar days from the date of the appointment of the last arbitrator. R-6. Changes of Claim The arbitrator(s) will not consider any information that was not previously made a part of the claim record as transmitted by the Chief Engineer, other than clarification and data supporting previously submitted documentation. R-7. Disclosure (a) Any person appointed or to be appointed as an arbitrator shall disclose to the Arbitration Provider any circumstance likely to give rise to justifiable doubt as to the arbitrator's impartiality or independence, including any bias or any interest in the result of the arbitration or any relationship with the parties or their representatives. Such obligation shall remain in effect throughout the arbitration. (b) Upon receipt of such information from the arbitrator or another source, the Arbitration Provider shall communicate the information to the parties and, if it deems it appropriate to do so, to the arbitrator and others. • (c) In order to encourage disclosure by arbitrators, disclosure of information pursuant to this Section R-6 is not to be construed as an indication that the arbitrator considers that the disclosed circumstances are likely to affect impartiality or independence. October 27, 2011 10 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (d) In no case shall an arbitrator be employed by, affiliated with, or have consultive or business connection with the claimant Contractor or CDOT. An arbitrator shall not have assisted either in the evaluation, preparation, or presentation of the claim case either for the Contractor or the Department or have rendered an opinion on the merits of the claim for either party, and shall not do so during the proceedings of arbitration. R-8. Disqualification of Arbitrator (a) Any arbitrator shall be impartial and independent and shall perform his or her duties with diligence and in good faith, and shall be subject to disqualification for: (i) partiality or lack of independence, (ii) inability or refusal to perform his or her duties with diligence and in good faith; and/or (iii) any grounds for disqualification provided by applicable law. (b) Upon objection of a party to the continued service of an arbitrator, or on its own initiative, the Arbitration Provider shall determine whether the arbitrator should be disqualified under the grounds set out above, and shall inform the parties of its decision, which decision shall be conclusive. R-9. Communication with Arbitrator No party and no one acting on behalf of any party shall communicate ex parte with an arbitrator or a candidate for arbitrator concerning the arbitration. R-10. Vacancies is (a) If for any reason an arbitrator is unable to perform the duties of the office, the Arbitration Provider may, on • proof satisfactory to it, declare the office vacant. Vacancies shall be filled in accordance with the applicable provisions of these rules. (b) In the event of a vacancy in a panel of neutral arbitrators after the hearings have commenced, the remaining arbitrator or arbitrators may continue with the hearing and determination of the controversy, unless the parties agree otherwise. (c) In the event of the appointment of a substitute arbitrator, the panel of arbitrators shall determine in its sole discretion whether it is necessary to repeat all or part of any prior hearings. R-11. Jurisdiction (a) The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement. (b) The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitrator that the contract is null and void shall not for that reason alone render invalid the arbitration clause. (c) A party must object to the jurisdiction of the arbitrator or to the arbitrability of a claim or counterclaim no later than 15 days after the Arbitration Provider confirms its retention to the parties. The arbitrator may rule on such objections as a preliminary matter or as part of the final award. R-12. Administrative Conference At the request of any party or upon the Arbitration Provider's own initiative, the Arbitration Provider may conduct • an administrative conference, in person or by telephone, with the parties and/or their representatives. The October 27. 2011 11 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS conference may address such issues as arbitrator selection, potential exchange of information, a timetable for hearings and any other administrative matters. R-13. Preliminary Hearing (a) At the request of any party or at the discretion of the arbitrator or the Arbitration Provider, the arbitrator may schedule as soon as practicable a preliminary hearing with the parties and/or their representatives. The preliminary hearing may be conducted by telephone at the arbitrator's discretion. (b) During the preliminary hearing, the parties and the arbitrator should discuss the future conduct of the case, including clarification of the issues and claims, a schedule for the hearings and any other preliminary matters. R-14. Exchange of Information (a) At the request of any party or at the discretion of the arbitrator, consistent with the expedited nature of arbitration, the arbitrator may direct: (i) the production of documents and other information; (ii) short depositions, particularly with regard to experts; and/or (iii) the identification of any witnesses to be called. (b) At least five business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. (c) The arbitrator is authorized to resolve any disputes concerning the exchange of information. • (d) Additional discovery may be ordered by the arbitrator in extraordinary cases when the demands of justice require it. R-15. Date, Time, and Place of Hearing (a) The arbitrator shall set the date, time, and place for each hearing and/or conference. The parties shall respond to requests for hearing dates in a timely manner, be cooperative in scheduling the earliest practicable date, and adhere to the established hearing schedule. (b) The parties may mutually agree on the locale where the arbitration is to be held. Absent such agreement, the arbitration shall be held in the City and County of Denver. (c) The Arbitration Provider shall send a notice of hearing to the parties at least ten calendar days in advance of the hearing date, unless otherwise agreed by the parties. R-16. Attendance at Hearings The arbitrator and the Arbitration Provider shall maintain the privacy of the hearings unless the law provides to the contrary. Any person having a direct interest in the arbitration is entitled to attend hearings. The arbitrator shall otherwise have the power to require the exclusion of any witness, other than a party or other essential person, during the testimony of any other witness. It shall be discretionary with the arbitrator to determine the propriety of the attendance of any person other than a party and its representative. R-17. Representation Any party may be represented by counsel or other authorized representative. A party intending to be so • represented shall notify the other party and the Arbitration Provider of the name and address of the representative at least three calendar days prior to the date set for the hearing at which that person is first to appear. October 27, 2011 12 REVISION OF SECTION 105 • DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS R-18. Oaths Before proceeding with the first hearing, each arbitrator may take an oath of office and, if required by law, shall do so. The arbitrator may require witnesses to testify under oath administered by any duly qualified person and, if it is required by law or requested by any party, shall do so. R-19. Stenographic Record Any party desiring a stenographic record shall make arrangements directly with a stenographer and shall notify the other parties of these arrangements at least three days in advance of the hearing. The requesting party or parties shall pay the cost of the record. If the transcript is agreed by the parties, or determined by the arbitrator to be the official record of the proceeding, it must be provided to the arbitrator and made available to the other parties for inspection, at a date, time, and place determined by the arbitrator. R-20.Interpreters Any party wishing an interpreter shall make all arrangements directly with the interpreter and shall assume the costs of the service. R-21. Postponements The arbitrator for good cause shown may postpone any hearing upon agreement of the parties, upon request of a party, or upon the arbitrator's own initiative. R-22. Arbitration in the Absence of a Party or Representative 0 Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative who, after due notice, fails to be present or fails to obtain a postponement. An award shall not be made solely on the default of a party. The arbitrator shall require the party who is present to submit such evidence as the arbitrator may require for the making of an award. R-23. Conduct of Proceedings (a) The Contractor shall present evidence to support its claim. CDOT shall then present evidence supporting its defense. Witnesses for each party shall also submit to questions from the arbitrator and the adverse party. The arbitrator has the discretion to vary this procedure; provided that the parties are treated with equality and that each party has the right to be heard and is given a fair opportunity to present its case. (b) The arbitrator, exercising his or her discretion, shall conduct the proceedings with a view to expediting the resolution of the dispute and may direct the order of proof, bifurcate proceedings, and direct the parties to focus their presentations on issues the decision of which could dispose of all or part of the case. The arbitrator shall entertain motions, including motions that dispose of all or part of a claim or that may expedite the proceedings, and may also make preliminary rulings and enter interlocutory orders. (c) The parties may agree to waive oral hearings in any case. R-24. Evidence (a) The arbitrators shall consider all written information available in the claim record and all oral presentations in support of that record by the Contractor and CDOT. Conformity to legal rules of evidence shall not be necessary. 0 October 27, 2011 13 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (b) The arbitrators shall not consider any written documents or arguments which have not previously been made a part of the claim record, other than clarification and data supporting previously submitted documentation. The arbitrators shall not consider an increase in the amount of the claim, or any new claims. (c) The arbitrator shall determine the admissibility, relevance, and materiality of any evidence offered. The arbitrator may request offers of proof and may reject evidence deemed by the arbitrator to be cumulative, unreliable, unnecessary, or of slight value compared to the time and expense involved. All evidence shall be taken in the presence of all of the arbitrators and all of the parties, except where: (i) any of the parties is absent, in default, or has waived the right to be present, or (ii) the parties and the arbitrators agree otherwise. (d) The arbitrator shall take into account applicable principles of legal privilege, such as those involving the confidentiality of communications between a lawyer and client. (e) An arbitrator or other person authorized by law to subpoena witnesses or documents may do so upon the request of any party or independently. E 0 October 27, 2011 I[! REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS R-25. Evidence by Affidavit and Post -hearing Filing of Documents or Other Evidence (a) The arbitrator may receive and consider the evidence of witnesses by declaration or affidavit, but shall give it only such weight as the arbitrator deems it entitled to after consideration of any objection made to its admission. (b) If the parties agree or the arbitrator directs that documents or other evidence be submitted to the arbitrator after the hearing, the documents or other evidence, unless otherwise agreed by the parties and the arbitrator, shall be filed with the Arbitration Provider for transmission to the arbitrator. All parties shall be afforded an opportunity to examine and respond to such documents or other evidence. R-26. Inspection or Investigation An arbitrator finding it necessary to make an inspection or investigation in connection with the arbitration shall direct the Arbitration Provider to so advise the parties. The arbitrator shall set the date and time and the Arbitration Provider shall notify the parties. Any party who so desires may be present at such an inspection or investigation. In the event that one or all parties are not present at the inspection or investigation, the arbitrator shall make an oral or written report to the parties and afford them an opportunity to comment. R-27. Interim Measures (a) The arbitrator may take whatever interim measures he or she deems necessary, including injunctive relief and measures for the protection or conservation of property and disposition of perishable goods. (b) A request for interim measures addressed by a party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. R-28. Closing of Hearing When satisfied that the presentation of the parties is complete, the arbitrator shall declare the hearing closed. If documents or responses are to be fled as provided in Section R-24, or if briefs are to be filed, the hearing shall be declared closed as of the final date set by the arbitrator for the receipt of documents, responses, or briefs. The time limit within which the arbitrator is required to make the award shall commence to run, in the absence of other agreements by the parties and the arbitrator, upon the closing of the hearing. R-29. Reopening of Hearing The hearing may be reopened on the arbitrator's initiative, or by direction of the arbitrator upon application of a party, at any time before the award is made. If reopening the hearing would prevent the making of the award within the specific time agreed to by the parties in the arbitration agreement, the matter may not be reopened unless the parties agree to an extension of time. When no specific date is fixed by agreement of the parties, the arbitrator shall have 15 calendar days from the closing of the reopened hearing within which to make an award. R-30. Waiver of Rules 0 Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has not been complied with and who fails to state an objection in writing shall be deemed to have waived the right to object. 9 R-31. Extensions of Time October 27. 2011 15 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS The parties may modify any period of time by mutual agreement. The Arbitration Provider or the arbitrator may for good cause extend any period of time established by these rules, except the time for making the award. The Arbitration Provider shall notify the parties of any extension. R-32. Serving of Notice (a) Any papers, notices, or process necessary or proper for the initiation or continuation of an arbitration under these rules; for any court action in connection therewith, or for the entry of judgment on any award made under these rules, may be served on a party by mail addressed to the party or its representative at the last known address or by personal service, in or outside the state where the arbitration is to be held, provided that reasonable opportunity to be heard with regard thereto has been granted to the party. (b) The Arbitration Provider, the arbitrator and the parties may also use overnight delivery, electronic facsimile transmission (fax), or electronic mail (email) to give the notices required by these rules. (c) Unless otherwise instructed by the Arbitration Provider or by the arbitrator, any documents submitted by any party to the Arbitration Provider or to the arbitrator shall simultaneously be provided to the other party or parties to the arbitration. R-33. Majority Decision When the panel consists of more than one arbitrator, unless required by law or by the arbitration agreement, a majority of the arbitrators must make all decisions. 0 R-34. Time of Award The award shall be made promptly by the arbitrator and, unless otherwise agreed by the parties or specified by law, no later than 30 calendar days from the date of closing the hearing, or, if oral hearings have been waived, from the date of the Arbitration Provider's transmittal of the final statements and proofs to the arbitrator. R-35. Form of Award After complete review of the facts associated with the claim, the arbitrators shall render a written explanation of their decision. When three arbitrators are used, and only two arbitrators agree then the award shall be signed by the two arbitrators. The arbitrator's decision shall include: (a) A summary of the issues and factual evidence presented by the Contractor and the Department concerning the claim; (b) Decisions concerning the validity of the claim; (c) Decisions concerning the value of the claim as to cost impacts if the claim is determined to be valid; (d) The contractual and factual bases supporting the decisions made including an explanation as to why each and every position was accepted or rejected; (e) Detailed and supportable calculations which support any decisions. R-36. Scope of Award E October 27, 2011 16 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (a) The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable and within the scope of the agreement of the parties, including, but not limited to, equitable relief and specific performance of a contract. (b) In addition to the final award, the arbitrator may make other decisions, including interim, interlocutory, or partial rulings, orders, and awards. (c) The award of the arbitrator may include interest at the statutory rate and from such date as the arbitrator may deem appropriate. R-37. Delivery of Award to Parties Parties shall accept as notice and delivery of the award the placing of the award or a true copy thereof in the mail addressed to the parties or their representatives at the last known address, personal or electronic service of the award, or the filing of the award in any other manner that is permitted by law. R-38. Modification of Award Within 10 calendar days after the transmittal of an award, the arbitrator on his or her initiative, or any party, upon notice to the other parties, may request that the arbitrator correct any clerical, typographical, technical or computational errors in the award. The arbitrator is not empowered to redetermine the merits of any claim already decided. If the modification request is made by a party, the other parties shall be given 10 calendar days to respond to the request. The arbitrator shall dispose of the request within 25 calendar days after transmittal by the Arbitration Provider to the arbitrator of the request. If applicable law provides a different procedural time frame, that procedure shall be followed. , R-39. Appeal of Award Appeal of the arbitrators' decision concerning the merit of the claim is governed by the Colorado Uniform Arbitration Act, C.R.S. §§ 13-22-202 to -230. Either parry may appeal the arbitrator's decision on the value of the claim to the Colorado State District Court in and for the City and County of Denver for trial de novo. R-40. Release of Documents for Judicial Proceedings The Arbitration Provider shall, upon the written request of a party, furnish to the party, at its expense, certified copies of any papers in the Arbitration Provider's possession that may be required in judicial proceedings relating to the arbitration. R-41. Applications to Court and Exclusion of Liability (a) No judicial proceeding by a party relating to the subject matter of the arbitration shall be deemed a waiver of the party's right to arbitrate. (b) Neither the Arbitration Provider nor any arbitrator in a proceeding under these rules is a necessary or proper party in judicial proceedings relating to the arbitration. (c) Parties to these rules shall be deemed to have consented that judgment upon the arbitration award may be entered in any federal or state court having jurisdiction thereof. (d) Parties to an arbitration under these rules shall be deemed to have consented that neither the Arbitration Provider nor any arbitrator shall be liable to any party in any action for damages or injunctive relief for any act or omission in connection with any arbitration under these rules. October 27, 2011 17 • REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS R-42. Administrative Fees The Arbitration Provider shall prescribe filing and other administrative fees and service charges to compensate it for the cost of providing administrative services. The fees in effect when the fee or charge is incurred shall be applicable. Such fees and charges shall be borne equally by the parties. The Arbitration Provider may, in the event of extreme hardship on the part of any party, defer or reduce the administrative fees. R-43.Expenses The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the arbitration, including required travel and other expenses of the arbitrator, Arbitration Provider representatives, and any witness and the cost of any proof produced at the direct request of the arbitrator, shall be borne equally by the parties. R-44. Neutral Arbitrator's Compensation Arbitrators shall be compensated a rate consistent with the arbitrator's stated rate of compensation. If there is disagreement concerning the terms of compensation, an appropriate rate shall be established with the arbitrator by the Arbitration Provider and confirmed to the parties. • Such compensation shall be borne equally by the parties. R-45. Deposits The Arbitration Provider may require the parties to deposit in advance of any hearings such sums of money as it deems necessary to cover the expense of the arbitration, including the arbitrator's fee, if any, and shall render an accounting to the parties and return any unexpended balance at the conclusion of the case. R-46. Interpretation and Application of Rules The arbitrator shall interpret and apply these rules insofar as they relate to the arbitrator's powers and duties by a majority vote. If that is not possible, either an arbitrator or a party may refer the question to the Arbitration Provider for final decision. All other rules shall be interpreted and applied by the Arbitration Provider. R-45. Suspension for Nonpayment If arbitrator compensation or administrative charges have not been paid in full, the Arbitration Provider may so inform the parties in order that the parties may advance the required payment. If such payments are not made, the arbitrator may order the suspension or termination of the proceedings. If no arbitrator has yet been appointed, the Arbitration Provider may suspend the proceedings. FAST TRACK PROCEDURES F-1. Limitations on Extensions In the absence of extraordinary circumstances, the Arbitration Provider or the arbitrator may grant a party no more • than one seven-day extension of the time in which to respond to the demand for arbitration or counterclaim as provided in Section R-3. October 27, 2011 18 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS F-2. Changes of Claim The arbitrator will not consider any information that was not previously made a part of the claim record as transmitted by the Chief Engineer, other than clarification and data supporting previously submitted documentation F-3. Serving of Notice In addition to notice provided above, the parties shall also accept notice by telephone. Telephonic notices by the Arbitration Provider shall subsequently be confirmed in writing to the parties. Should there be a failure to confirm in writing any such oral notice, the proceeding shall nevertheless be valid if notice has, in fact, been given by telephone. F-4. Appointment and Qualification of Arbitrator Immediately after the retention of the Arbitration Provider, the Arbitration Provider will simultaneously submit to each party a listing and biographical information from its panel of arbitrators knowledgeable in construction who are available for service in Fast Track cases. The parties are encouraged to agree to an arbitrator from this list, and to advise the Arbitration Provider of their agreement, or any factual objections to any of the listed arbitrators, within 7 calendar days of the transmission of the list. The Arbitration Provider will appoint the agreed -upon arbitrator, or in the event the parties cannot agree on an arbitrator, will designate the arbitrator from among those names not stricken for factual objections. The parties will be given notice by the Arbitration Provider of the appointment of the arbitrator, who shall be • subject to disqualification for the reasons specified above. Within the time period established by the Arbitration Provider, the parties shall notify the Arbitration Provider of any objection to the arbitrator appointed. Any objection by a party to the arbitrator shall be for cause and shall be confirmed in writing to the Arbitration Provider with a copy to the other party or parties. F-5. Preliminary Telephone Conference Unless otherwise agreed by the parties and the arbitrator, as promptly as practicable after the appointment of the arbitrator, a preliminary telephone conference shall be held among the parties or their attorneys or representatives, and the arbitrator. F-6. Exchange of Exhibits At least 2 business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. The arbitrator is authorized to resolve any disputes concerning the exchange of exhibits. F-7. Discovery There shall be no discovery, except as provided in Section F-4 or as ordered by the arbitrator in extraordinary cases when the demands of justice require it. F-8. Date, Time, and Place of Hearing The arbitrator shall set the date and time, and place of the hearing, to be scheduled to take place within 30 calendar days of confirmation of the arbitrator's appointment. The Arbitration Provider will notify the parties in advance of the hearing date. All hearings shall be held within the City and County of Denver. F-9. The Hearing 0 Structures, Inc. Equipment List Quantity Description Capacity 16 Pick-up Trucks 3/4 ton 2 Flatbed Truck 6 Trailers 16000lb 2 Dump Truck 6 Forklift 10000lb 2 John Deere 317 Skid Steer Loader 5 Ingersoll Rand Air Compressors 185 cfm 1 Atlas Compressor 750 cfm 5 Light Tower 4000 watt 8 Generators 5000 watt 5 Concrete Vibrators 8 Conex Tool Trailers 20' 7500 sf Hand -set Concrete Forms 200 If Type 7 Barrier Form 1 Bridge Deck Finishers 1 Sand Blaster 1 Cement Mixer/Mortar 9 cu ft 1 Trash Pump 4" 2 Trash Pump Y 215 Overhang Brackets 2 Welder 2 Overhang Strip Buggy 1 Cimoline Power Sprayer 1 CAT 308-Excavator 25000 sf Crane Set Concrete Forms 2 Kenco Barrier Lift Attachment 2 Manlift 2 Impact Attentuator (Temporary) 1 Vactron Vac with Trailer 1 Backhoe 1 Bobcat Excavator 1 Kent Hydraulic Plate Compactor 6000 LB 1 Mobile Office 10' x 40' 2 Ver-Mac Traffic Signal Sets 48"-27' Column Forms 1 Hydrodemolition Robot/Pump/Trailer 1 Lufkin Spread Axle Hiboy Trailer 1 Gradall 4x4 Mobile Excavator 2 Tractor Trailer (Semi -Truck) 1 John Deere Loader 544J 2 Vacuum Truck 1 500 Gallon Water Trailer 2 9,000 Gallon Water Trailer 2 Roller Screed 10000 If Temp Barrier • October 27, 2011 19 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (a) Generally, the hearing shall not exceed 1 day. Each party shall have equal opportunity to submit its proofs and complete its case. The arbitrator shall determine the order of the hearing, and may require further submission of documents within two business days after the hearing. For good cause shown, the arbitrator may schedule 1 additional hearing day within 7 business days after the initial day of hearing. (b) Generally, there will be no stenographic record. Any party desiring a stenographic record may arrange for one pursuant to the provisions above. F-10. Time of Award Unless otherwise agreed by the parties, the award shall be rendered not later than 14 calendar days from the date of the closing of the hearing or, if oral hearings have been waived, from the date of the Arbitration Provider's transmittal of the final statements and proofs to the arbitrator. F-11. Time Standards The arbitration shall be completed by settlement or award within 60 calendar days of confirmation of the arbitrator's appointment, unless all parties and the arbitrator agree otherwise or the arbitrator extends this time in extraordinary cases when the demands of justice require it. F-12. Arbitrator's Compensation Arbitrators will receive compensation at a rate to be suggested by the Arbitration Provider regional office. • PROCEDURES FOR LARGE, COMPLEX CONSTRUCTION DISPUTES L-1. Large, Complex Construction Disputes The procedures for large, complex construction disputes shall apply to any claim with a value exceeding $500,000 or as agreed to by the parties. L-2. Administrative Conference Prior to the dissemination of a list of potential arbitrators, the Arbitration Provider shall, unless the parties agree otherwise, conduct an administrative conference with the parties and/or their attorneys or other representatives by conference call. The conference call will take place within 14 days after the retention of the Arbitration Provider. In the event the parties are unable to agree on a mutually acceptable time for the conference, the Arbitration Provider may contact the parties individually to discuss the issues contemplated herein. Such administrative conference shall be conducted for the following purposes and for such additional purposed as the parties or the Arbitration Provider may deem appropriate: (a) To obtain additional information about the nature and magnitude of the dispute and the anticipated length of hearing and scheduling; (b) To discuss the views of the parties about the technical and other qualifications of the arbitrators; (c) To obtain conflicts statements from the parties; and (d) To consider, with the parties, whether mediation or other non -adjudicative methods of dispute resolution might • be appropriate. October 27. 2011 20 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS L-3. Arbitrators (a) Large, Complex Construction Cases shall be heard and determined by three arbitrators. (b) The Arbitration Provider shall appoint arbitrator(s) in the manner provided in the Regular Construction Industry Arbitration Rules. L-4. Preliminary Hearing As promptly as practicable after the selection of the arbitrator(s), a preliminary hearing shall be held among the parties and/or their attorneys or other representatives and the arbitrator(s). Unless the parties agree otherwise, the preliminary hearing will be conducted by telephone conference call rather than in person. At the preliminary hearing the matters to be considered shall include, without limitation: (a) Service of a detailed statement of claims, damages and defenses, a statement of the issues asserted by each party and positions with respect thereto, and any legal authorities the parties may wish to bring to the attention of the arbitrator(s); (b) Stipulations to uncontested facts; (c) The extent to which discovery shall be conducted; (d) Exchange and premarking of those documents which each party believes may be offered at the hearing; (e) The identification and availability of witnesses, including experts, and such matters with respect to witnesses including their biographies and expected testimony as may be appropriate; (f) Whether, and the extent to which, any sworn statements and/or depositions may be introduced; (g) The extent to which hearings will proceed on consecutive days; (h) Whether a stenographic or other official record of the proceedings shall be maintained; (i) The possibility of utilizing mediation or other non -adjudicative methods of dispute resolution; and (j) The procedure for the issuance of subpoenas. By agreement of the parties and/or order of the arbitrator(s), the pre -hearing activities and the hearing procedures that will govern the arbitration will be memorialized in a Scheduling and Procedure Order. L-5. Management of Proceedings r• • (a) Arbitrator(s) shall take such steps as they may deem necessary or desirable to avoid delay and to achieve a just, speedy and cost-effective resolution of Large, Complex Construction Cases. 0 October 27, 2011 21 • REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (b) Parties shall cooperate in the exchange of documents, exhibits and information within such parry's control if the arbitrator(s) consider such production to be consistent with the goal of achieving a just, speedy and cost effective resolution of a Large, Complex Construction Case. (c) The parties may conduct such discovery as may be agreed to by all the parties provided, however, that the arbitrator(s) may place such limitations on the conduct of such discovery as the arbitrator(s) shall deem appropriate. If the parties cannot agree on production of document and other information, the arbitrator(s), consistent with the expedited nature of arbitration, may establish the extent of the discovery. (d) At the discretion of the arbitrator(s), upon good cause shown and consistent with the expedited nature of arbitration, the arbitrator(s) may order depositions of, or the propounding of interrogatories to such persons who may possess information determined by the arbitrator(s) to be necessary to a determination of the matter. (e) The parties shall exchange copies of all exhibits they intend to submit at the hearing 10 business days prior to the hearing unless the arbitrator(s) determine otherwise. (f) The exchange of information pursuant to this rule, as agreed by the parties and/or directed by the arbitrator(s), shall be included within the Scheduling and Procedure Order. (g) The arbitrator is authorized to resolve any disputes concerning the exchange of information. (h) Generally hearings will be scheduled on consecutive days or in blocks of consecutive days in order to • maximize efficiency and minimize costs. Subsection 105.24 shall include the following: The following flow chart provides a summary of the disputes and claims process described in subsections 105.22, 105.23, and 105.24 22 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Figure 105-1 DISPUTES AND CLAIMS FLOW CHART I 105.22 Project Issue — Verbal discussions behveen Proj. Eng. and Supt. Impasse Contractor provides written notice of dispute to Project Engineer 15 Days — 105.22 (b) Contractor provides written REA including the following: (1) Dateofdispute (2) Nature of order and circumstances causing dispute (3) Contract provisions supporting dispute (4) Estimated cost of dispute with supporting documentation (5) Analysis of progress schedule and disruption, if any 15 Days — I05.22 (c) I CDOT Project Engineer and Contractor discuss merit of dispute I PE denies merit of dispute Contractor rejects PE's denial. Contractor provides written notice to RE. 7 days— 10522 (d) 7 days — 105.22 PE determines dispute has merit 7 days — 105.22 (c) Contractor accepts denial. Dispute is resolved. Disagree on quantum Proj Eng/Res Eng & Supt/PM & Contractor's rep with decision authority above the project level to meet regularly to discuss dispute Up to 30 days— 105.22 (d) 30/ 45 days — DR10523(b) B agreement signed 105.23(a) Proj Eng Dispute is initiates DRB process 5 Days— unresolved 20 days— 105.23 (d) 105.23 (a) Prehearing Submittal 15 days — 105.23 (e) DRB Hearing 30 days— 105.23 (g) DRB renders a recommendation 10 days— 10523 (h) Request for Clarification and Reconsideration 14 days— 105.23 (i) Either party rejects DRB recommendation ( DRB recommendation is accepted Figure 105-1 continued on next page October 27, 2011 Merit granted — Quantum negotiations 30 Days— 105.22 (c) Adjustment of payment/schedule in consultation with Program Engineer - Dispute is resolved [J 1] 23 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Figure 105-1 (continued) Either party rejects DRB recommendation 30 days — 10524 (a) 105.24 Notice of intent to file It claim 60 days — 105.24 (b) Contractor submits certified claim package w/RTD (and Audit Unit if over $250K) 60 days — 105.24 (d) RTD renders a decision Contractor accepts decision 30 days — 10524 (d) 60 days Contractor rejects and 10524 (e) appeals RTD decision to CE I5 days 105.24 (e Request for hearing - y 10524 30 days — 105.24 Contractor rejects CE decision Contractor accepts CE decision Optional Mediation Dispute is unresolved I Contractor initiates I Binding Arbitration or Litigation (Whichever was selected at Contract execution) Litigation Court Decision Dispute is resolved Resolution is implemented Binding Arbitration Arbitrator(s) render recommendation Appeal process only for damages October 27. 2011 Adjustment of payment/schedule in consultation with Program Engineer - Dispute is resolved Decision is implemented Chief Engineer renders decision Decision is implemented February 3, 2011 REVISION OF SECTION 105 VIOLATION OF WORKING TIME LIMITATION Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.03 shall include the following: If there is a violation of the working time limitations for traffic control as set forth in the special provisions, a written notice to stop work will be imposed on the Contractor at the start of the next working day. Work shall not resume until the Contractor assures the Engineer, in writing, that there will not be a reoccurrence of the working time violation. If more violations take place, the Engineer will notify the Contractor in writing that there will be a price reduction charge for each incident in accordance with this specification. This incident price reduction charge will be deducted from any money due the Contractor. This price reduction will not be considered a penalty but will be a price reduction for failure to perform traffic control in compliance with the Contract. An incident is any violation up to 30 minutes in duration. Each 30 minutes or increment thereof will be considered as an incident. A price reduction will be assessed for each successive or cumulative 30 minute period in violation of the working time limitations, as determined by the Engineer. The price reduction for each incident will increase at a progressive rate starting with $150 for the second incident and increasing to $1200 for the fifth and subsequent incidents in accordance with the following schedule. A 15 minute grace period will be allowed at the beginning of the second incident on the project before the price reduction is applied. This 15 minute grace period applies only to the second incident. The number of incident charges will be accumulative throughout the duration of the Contract. PRICE REDUCTION SCHEDULE Incident Incident Rate Total Price Reduction 151 Notice to Stop Work ---- 2"d $150 $150 3rd 300 450 4`" 600 1,050 5'" 1,200 2,250 6`" 1,200 3,450 Etc. 1,200 4,650 Etc. Etc. • February 3, 2011 REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.12, delete the second paragraph and replace it with the following: The original Certificate of Compliance shall include the Contractor's original signature as directed above. The original signature (including corporate title) on the Certificate of Compliance, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of material. The original shall be provided to the Engineer before payment for the represented item will be made. In subsection 106.13, delete the second paragraph and replace it with the following: The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's original signature as directed above. The signature (including corporate title) on the Certified Test Report, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy or original document of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material. Failure to comply may result in delays to the project or rejection of the materials. 0 February 3, 2011 0 REVISION OF SECTION 107 RESPONSIBILITY FOR DAMAGE CLAIMS, INSURANCE TYPES AND COVERAGE LIMITS Section 107 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 107.15(c) and replace it with the following: (c) Each insurance policy shall include provisions preventing cancellation or non -renewal without at least 30 days prior notice to Contractor. The Contractor shall forward to the Engineer any such notice received within sever days of the Contractor's receipt of such notice. • 1 February 3, 2011 REVISION OF SECTIONS 107 and 208 WATER QUALITY CONTROL UNDER ONE ACRE OF DISTURBANCE Sections 107, 208, are hereby revised for this project as follows: In subsection 107.25(b)6 delete the second paragraph and replace it with the following: The Contractor shall record the location of potential pollutants on the plans. Descriptions of the potential pollutants shall be submitted to and approved by the Engineer. In subsection 208.03 delete the first paragraph and replace it with the following: Prior to construction the Contractor shall implement BMPs in accordance with the approved project schedule as described in subsection in 208.03(b). In subsection 208.03 delete the third, fourth, and fifth paragraphs and replace them with the following: The Contractor shall evaluate all non-stormwater coming onto the site, such as springs, seeps, and landscape irrigation return flow. If such flow is identified, BMPs shall be used to protect off -site water from becoming contaminated with sediment or other pollutants. The Contractor shall review existing inlets and culverts to determine if inlet protection is needed due to water flow patterns. Prior to beginning construction, inlets and culverts needing protection shall be protected and the location of the implemented BMP added to the plans. When additional BMPs are required and approved by the Engineer, the Contractor shall implement the additional BMPs and shall record and describe them on the plans. The approved BMPs will be measured and paid for in accordance with subsections 208.11 and 208.12. Delete subsections 208.03(c) and (d) and replace them with the following: • (c) Implementation, Maintenance and Revision of the SWMP. The Contractor's responsibilities shall be as follows: (1) Install, construct, and maintain all BMPs specified in the Contract and coordinate the construction of BMPs with all other construction operations. (2) Implement suitable temporary erosion and sediment control features as necessary to correct unforeseen conditions or emergency situations. Dismantle those features when their purpose has been fulfilled unless the Engineer directs that the features be left in place. (3) Implement necessary actions to reduce anticipated or presently existing water quality or erosion problems resulting from construction activities. (4) Make available, all labor, material, and equipment needed to install, maintain, and remove BMPs. (5) When included in the Contract, the Contractor shall assign to the project an individual to serve in the capacity of Erosion Control Supervisor (ECS). The ECS may be the Superintendent. The ECS shall be experienced in all aspects of construction and have satisfactorily completed an ECS training program authorized by the Department. Proof that this requirement has been met shall be submitted to the Engineer prior to or at the preconstruction conference. A list of authorized ECS training programs will be provided by the Engineer upon request by the Contractor. The ECS shall be the person responsible for ensuring that the responsibilities listed in (1) through (4) above are fulfilled (d) Documentation Available on the Project. The following Contract documents and references will be made available for reference in one location on the project during construction. 1. Project Documents. The following documents shall be kept, maintained, and updated in a single notebook: (1) SWMP Sheets (2) SWMP site map, if applicable to the project. (3) Details of BMPs used on the project not covered in Standard Plan M-208-1. (4) List of potential pollutants as described in subsection 107.25. (5) SPCC and reports of reportable spills submitted to CDPHE. (6) Form 105s and all other correspondence relating to water quality. February 3, 2011 REVISION OF SECTIONS 107 and 208 WATER QUALITY CONTROL UNDER ONE ACRE OF DISTURBANCE (7) Project environmental permits and associated applications and certifications. 2. Reference Materials (1) CDOT Erosion Control and Stormwater Quality Guide. (2) CDOT Erosion Control and Stormwater Quality Field Guide. (3) Copy of biological opinion, if applicable. In subsection 208.04 delete the first and second paragraphs and replace them with the following: The Contractor shall modify the SWMP to clearly describe and locate all BMPs implemented at the site to control potential sediment discharges from vehicle tracking. Vehicle tracking pads shall be used at all vehicle and equipment access points to the site to prevent sediment exiting the project site onto paved public roads. Access shall be provided only at locations approved by the Engineer. Delete subsection 208.04(e) and replace it with the following: (e) Stabilization. Once earthwork has begun on a section, it shall be pursued until completion. Clearing and grubbing operations shall be scheduled and performed so that grading operations and final stabilization measures can follow immediately thereafter if the project conditions permit. Otherwise temporary stabilization measures shall be taken between successive construction stages. Additional work required because the Contractor has failed to properly coordinate the entire erosion control schedule, thus causing previously seeded areas to be disturbed by operations that could have been performed prior to the seeding shall be performed at the Contractor's expense. • In subsection 208.06 delete the first paragraph and replace it with the following: • The Contractor shall clearly describe and record on the SWMP, all practices implemented at the site to minimize impacts from procedures or significant material that could contribute pollutants to runoff. Areas or procedures where potential spills can occur shall have spill contingency plans in place as specified in subsections 107.25(b)6 or 208.06(c). In subsection 208.07 delete the second paragraph and replace it with the following: Erodible stockpiles (including topsoil) shall be contained with acceptable BMPs at the toe (or within 20 feet of the toe) throughout construction. BMPs shall be approved by the Engineer. In subsection 208.08, delete the first paragraph and replace it with the following: The Contractor shall limit construction activities to those areas within the limits of disturbance shown on the plans and cross -sections. Construction activities, in addition to the Contract work, shall include the on -site parking of vehicles or equipment, on -site staging, on -site batch plants, haul roads or work access, and all other action which would disturb existing conditions. Off road staging areas must be pre -approved by the Engineer, unless otherwise designated in the Contract. Construction activities beyond the limits of disturbance due to Contractor negligence shall be restored to the original condition by the Contractor at the Contractor's expense. The Contractor shall tabulate additional disturbances not identified in the SWMP and indicate locations and quantities on the SWMP and report to the Engineer. In subsection 208.09, second paragraph, delete the list and replace it with the following (1) Failure to include erosion control in the project schedule or failure to include erosion control in each schedule update as specified in subsection 208.03(b). (2) Failure of the Contractor to implement necessary actions required by the Engineer as required by subsection 208.03(c). (3) Failure to amend SWMP and implement BMPs as required by subsection 208.04. (4) Failure to keep documentation and records current. (5) Failure to construct or implement erosion control or spill containment measures required by the Contract, or failure to construct or implement them in accordance with the Contractor's approved schedule as required THOMAS A. JACKSON, P.E. President Experience: 1998-Present Structures, Inc., Englewood, Colorado President/Owner Tom Jackson received his degree in construction engineering from Purdue University and is a licensed Professional Engineer in the State of Colorado. At Structures, Tom has estimated over 800 jobs and has completed over 80 projects including: EB 1-270 Multiple Bridge Deck Hydrodemolition, Commerce City, Colorado ($1.6M) 1-70 Skippers Island Hydrodemolition, Fruita, Colorado ($2.1M) UPRR Bridge Bearing Replacements, Granger, Wyoming ($0.7M) SH96 Design/Build Bridge Replacements, Sugar City, Colorado ($2.9M) 80" Ave. Over US 36 Bridge, Westminster, Colorado ($7.8M) Douglas CR 16 Bridge, Louviers, Colorado ($1.2M) 1-70 & Ward Road Hydrodemolition, Arvada, Colorado ($1.11M) Arapahoe Road Improvements, Greenwood Village, Colorado ($3.1M) Old Wadsworth Bridge, Westminster, Colorado ($4.OM) Biscay Street Bridge, Commerce City, Colorado ($0.9M) Rentech Process Demonstration Unit Foundations, Commerce City, Colorado ($1.0M) West Gate Entry Bridge, Colorado Springs, Colorado ($1.21M) Trout Creek Pass Bridge, Buena Vista, Colorado ($0.9M) Box Elder Creek Bridge Replacement, Watkins, Colorado ($2.1 M) UPRR Rollinsville Bridge Replacement, Rollinsville, Colorado ($1.3M) Wolcott Bridge, Wolcott, Colorado ($1.7M) Old Wadsworth Big Dry Creek, Westminster, Colorado ($4.OM) • Lowell Bridge, Broomfield, Colorado ($1.0M) 11T" Avenue Bridge Replacement, Greeley, Colorado ($1.5 M) Weaver Creek Box Culvert, Morrison, Colorado ($1 M) 1994-1998 SEMA Construction, Inc., Englewood, Colorado Project Manager Projects include: 1-25 and Founders Parkway Interchange, Castle Rock, Colorado ($7 M) 1-25 Widening at Surrey Ridge, Castle Rock, Colorado ($4 M) 1-25 & US 36 Interchange, Denver, Colorado ($7.5 M) Santa Fe and Belleview Interchange, Littleton, Colorado ($6.5 M) Tesla Hydroelectric Regulating Reservoir, Colorado Springs, Colorado ($10 M) Dysart Drain Improvement Project, Phoenix, Arizona ($2 M) Highway 285 at Goddard Ranch, Tiny Town, Colorado ($10 M) 1991 - 1994 Centric/Jones Constructors, Lakewood, Colorado Assistant Superintendent/Project Manager Projects included: Hanging Lake Rest Area, Glenwood Springs, Colorado Gentleman Gerrold Railroad Spur, Sutherland, Nebraska 1-76 and 1-25 Interchange, Denver, Colorado Education: Purdue University Bachelor of Science in Construction Engineering and Management Certification: State of Colorado Professional Engineer, License #33792 References: Dave Loseman, P.E., L.S. (303) 658-2125 Jacob Ojera, P.E. (303) 398-6765 February 3, 2011 REVISION OF SECTIONS 107 and 208 • WATER QUALITY CONTROL UNDER ONE ACRE OF DISTURBANCE by subsection 208.06(c). (6) Failure to stabilize disturbed areas as required by subsections 208.04(e) and 208.08. (7) Failure to replace or perform maintenance on an erosion control feature after notice from the Engineer to replace or perform maintenance as required by subsection 208.04(f). (8) Failure to remove and dispose of sediment from BMPs as required. (9) Failure to install and properly utilize a concrete washout structure for containing washout from concrete placement operations. (10) Failure to perform permanent stabilization as required by subsection 208.04 (e). In subsection 208.09 delete the third paragraph and replace it with the following: The Engineer will immediately notify the Contractor in writing of each incident of failure to perform erosion control in accordance with the Specifications, including, but not limited to items (1) through (10) above. Correction shall be made as soon as possible but no later than 48 hrs from the date of notification to correct the failure. The Contractor will be charged liquidated damages in the amount of $875 for each calendar day after the 48 hour period has expired, that one or more of the incidents of failure to perform items (1) through (10) above, remains uncorrected. In subsection 208.09 delete the eighth and ninth paragraphs and replace them with the following: Disagreements regarding the suggested corrective action for a BMP compliance issue between the Project Engineer and Superintendent, shall be discussed with the Resident Engineer and Region Water Pollution Control Manager. If after meeting the Contractor is still in disagreement and feels that additional compensation is owed, the Contractor will follow the decision of the Project Engineer, keep track of the costs and negotiate further with the Project Engineer. If after pursuing the issue, the Contractor is unable to reach agreement with the Project Engineer, then the Contractor can follow the dispute process outlined in subsection 105.21. If the Contractor's corrective action plan and schedule are not submitted and approved within 48 hours of the Stop Work Order or the corrective action plan is not implemented by the Contractor, the Engineer will have an on -site meeting with the Superintendent and the Superintendent's supervisor. This meeting will also be attended by the Resident Engineer, the Region Water Pollution Control Manager, and the Region Program Engineer. This meeting will identify and document needed corrective actions and a schedule for completion. If after the meeting, the unacceptable work is not remedied within the schedule as agreed to in the meeting, the Engineer will take action to effect compliance with the Contract by utilizing CDOT Maintenance personnel or other non -Contractor forces and deduct the cost from any moneys due or to become due to the Contractor pursuant to subsection 105.16. _Delays due to these Stop Work Orders shall be considered nonexcusable. The Stop work Order shall be in place until the project is in Contract compliance. Delete subsection 208.10 and replace it with the following: 208.10 Items to Be Accomplished Prior to Final Acceptance. (a) Reclamation of Washout Areas. After concrete operations are complete, washout areas shall be reclaimed in accordance with subsection 208.05(n) at the Contractor's expense. (b) Survey. The Contractor shall survey Permanent Water Quality BMPs (Permanent BMPs) on the project after they are constructed and confirm they are at final configuration and grade. The Engineer will identify which Permanent BMPs shall be surveyed prior to the final walk through. The survey shall be performed in accordance with Section 625. (c) Removal of Temporary BMPs. Temporary BMPs subject to removal shall be determined by the Engineer at a final walk through of the project and shall be removed by the Contractor. If any BMPs are left in place, the Region's Water Pollution Control Manager shall be notified of the BMP locations. August 19, 2011 REVISION OF SECTION 108 CRITICAL PATH METHOD Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Bar Chart or Initial Schedule shall be submitted at least 10 working days prior to the start of the work. The Engineer's review of the Schedule will not exceed two working days. Work shall not begin until the Schedule is accepted in writing, unless otherwise approved by the Engineer In subsection 108.03 (c), delete the third paragraph. 0 9 • REVISION OF SECTION 109 COMPENSATION FOR COMPENSABLE DELAYS In subsection 109.10, delete the first two paragraphs and replace with the following: May 5, 2011 109.10 Compensation for Compensable Delays. If the Engineer determines that a delay is compensable in accordance with either subsection 105.22, 105.23, 105.24, or 108.08, monetary compensation will be determined in accordance with this subsection. (a) These categories represent the only costs that are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1) Actual wages and benefits, including FICA, paid for additional labor not otherwise included in (5) below; (2) Costs for additional bond, insurance and tax; (3) Increased costs for materials; (4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and based on invoice costs for rented equipment; (5) Costs of extended job site overhead; (6) Costs of salaried employees not otherwise included in (1) or (5) above incurred as a direct result of the delay; (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is required for all such claims); (8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead. 0 February 3, 2011 REVISION OF SECTION 109 FUEL COST ADJUSTMENT Section 109 of the Standard Specifications is hereby revised for this project as follows: Subsection 109.06 shall include the following: (h) Fuel Cost Adjustments. Contract cost adjustments will be made to reflect increases or decreases in the monthly average prices of gasoline, diesel and other fuels from the average price for the month preceding the month in which bids were received for the Contract. These cost adjustments are not changes to the Contract unit prices bid. When bidding, the Contractor shall specify on the Form 85 whether the cost adjustment will apply to the Contract. After bids are submitted, the Contractor will not be given any other opportunity to accept or reject this adjustment. If the Contractor fails to indicate a choice on the Form 85, the cost adjustment will not apply to the Contract. If the fuel cost adjustment is accepted by the Contractor, the adjustment will be made in accordance with the following criteria: 1. Cost adjustments will be based on the fuel price index established by the Department and calculated as shown in subsection 109.06(h)2.D below. The index will be the monthly average of the rates posted by the Oil Price Information Service (OPIS) for Denver No. 2 Diesel. The rate used will be the OPTS Average taken from the OPIS Standard Rack table for Ultra -Low Sulfur w/Lubricity Gross Prices (ULS column), expressed in dollars per gallon and rounded to two decimal places. 2. Cost adjustments will be made on a monthly basis subject to the following conditions: A. Adjustment will be based on the pay quantities on the monthly partial pay estimate for each of the pay items listed in the table below for which fuel factors have been established. Adjustment will be made only when the pay item is measured by the pay unit specified in the table: Item Pay Unit Fuel Factor FF 202-Removaf of Asphalt;Mat (Planing)-- Square Yard=.- 0:006�Gal/SYllnch,depth ' 203-Excavation (muck, unclassified) Embankment, Borrow Cubic Yard 0.29 Gal/CY 203=Rock iExcavation • • " ` :', ' ZuoicYards 206-Structure Excavation and Backfill [applies only to quantities paid for by separate bid item; no adjustment will be made for pay items that include structure excavation & backfill, such as RCP(CIP)] Cubic Yard 0.29 Gal/CY 304=Aggregate `Base`Course',Class Qjbic\Ya d ` '70:85,Gal/CY ._ 304-Aggregate Base Course (Class_) Ton 0.47 Gal./Ton ;307-Processing,Lime Tfeafed.Subgrade a .� , .' 'Squares e a d- 0 1,2 Gal/,SY ,>>", R, 310-Full Depth Reclamation Square Yard 0.06 Gal/SY 403_FIoYMix Asphalt (HMA) (Grading ' Tori- 2.47TGa1/T.on::" 403-Stone Matrix Asphalt (Grading ) 405=Heating.and Scarifying ieatment° ? Ton 2.47 Gal/Ton SquaPe Y d E 0.4'4 Gal/SY, i' °.: 405-Heating and Repaving Treatment Square Yard 0.44 Gal/SY 405=Heating and'Remixirig'-T;reatmeht :: `. :Square Yard: C 44.Ga1/SY 406-Cold Bituminous Pavement (Recycle) Square Yard 0.01 Gal/SY/Inch depth _ `�'� '-'.SquarT� Inch 41,2L.;Coherete;Pavement,(-' a . eeT" and r,00 Gal/SY� /,Inch hickhe�' ss',:: 412-Place Concrete Pavement" Square Yard 0.03 Gal/SY/Inch thickness 'Hot'Mix Asphalt"(Patching) i"s'not`subtect:totfuel cost adtustfnent 1 "- `Use`th'e^thickness shown orr:the' lan's.`_�,: .0 0 i February 3, 2011 REVISION OF SECTION 109 FUEL COST ADJUSTMENT B. A fuel cost adjustment will be made only when the current fuel price index varies by more than 5 percent from the price index at the time of bid, and only for that portion of the variance in excess of 5 percent. Fuel cost adjustments may be either positive or negative dollar amounts. C. Fuel cost adjustments will not be made for any partial estimate falling wholly after the expiration of contract time. D. Adjustment formula: EP greater than BP: FA = (EP — 1.05 BP)(Q)(FF) EP less than BP: FA = (EP — 0.95 BP)(Q)(FF) Where: BP .= Average fuel price index for the calendar month -prior to the calendar month in which bi_ds� are opened EP = Average fuel price index for the calendar month prior to the calendar month in which the partial estimate pay period ends FA �= '=_Adjustment for fuel costs,in,dollars FF Fuel usage factor for the pay item Q, _Pay quantity for the pay_ifem-on dhe, monthly_paRial pay_estimate ' _� Note: When the pay item is based on area, and the rate of fuel use varies with thickness, Q should be determined by multiplying the area by the thickness. For example: for 1000 square yards of 8-inch concrete pavement Q should be 8000. Example: Bids are opened on July 16. The BP will be the average of the daily postings for June 1 through June 30. For an estimate cut-off date selected by the Contractor at the Pre - Construction Conference of the 20`h of the month a February estimate will include HMA quantities (Q) measured from the 21s' of January through the 201h of February, the FF will be 2.47 Gal/Ton, and the EP index used to calculate FA will be the average of the daily postings for January 1 through January 31 as established by CDOT. E. Fuel cost adjustment will not be made for the quantity of any item that is left in place at no pay. F. Fuel cost adjustments will not be made to items of work added to the Contract by Change Order after the award of the Contract. The fuel cost adjustment will be the sum of the individual adjustments for each of the pay items shown. No adjustment will be made for fuel costs on items other than those shown. The factors shown are aggregate adjustments for all types of fuels used, including but not limited to gasoline, diesel, propane, and burner fuel. No additional adjustments will be made for any other type of fuel. Fuel cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned force account item: Fuel Cost Adjustment. Fuel cost adjustments resulting in a decreased payment to the Contractor will be deducted from monies owed the Contractor. February 3, 2011 1 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES Section 109 of the Standard Specifications is hereby revised for this project as follows In subsection 109.01, delete the 17`" paragraph and replace it with the following: Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the Engineer, in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the project: (1) identification mark (2) vehicle length (3) tare weight (4) number of axles (5) the distance between extreme axles (6) information related to legal weight, including the Permit No. and permitted weight of each vehicle for which the State has issued an overweight permit. This information shall be furnished prior to time of delivery of the material and at any subsequent time the Contractor changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles. January 6, 2012 REVISION OF SECTION 109 MEASUREMENT OF WATER Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the twenty-sixth paragraph and replace with the following: Water may be measured either by volume or weight. Water meters shall be accurate within a range of ± 3 percent. When water is metered, the Contractor shall use an approved metering device and shall furnish the Engineer a certificate showing the meter has been accurately calibrated within the time allowed in the following schedule: 2;inch ,1A 7 4 years: E 4 inch to 6 inch 2 years 18 inchjo.10-inch ` 1 year s.- • 101 February 3, 2011 1 REVISION OF SECTION 203 IMPORTED MATERIAL FOR EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.03 (a) shall include the following: Imported Material used for backfilling pipes (storm sewer, cross culverts, side drains, etc) shall be tested for compatibility with the selected pipe material. When Nonreinforced Concrete Pipe or Reinforced Concrete Pipe is used, the imported material shall be tested for sulfate and pH When Corrugated Steel Pipe, Bituminous Coated Corrugated Steel Pipe or Precoated Corrugated Steel Pipe is used, the imported material shall be tested for sulfates, chlorides, pH and resistivity. When Aramid Fiber Bonded Corrugated Steel Pipe or Corrugated Aluminum Pipe is used, the imported material shall be tested for pH and resistivity. When Plastic pipe is selected, the imported material does not need to be tested for sulfates, chlorides, pH and resistivity. Sulfates, chlorides, pH and resistivity shall be determined by the following procedures: (1) Water soluble sulfates using CP-L 2103 Method B. (2) Chlorides using CPL 2104 (3) Resistivity using ASTM G57 (4) pH using ASTM G51. • The average of three consecutive tests shall show the imported material's sulfate, chloride, pH and resistivity is not greater than the limits corresponding to the Pipe Class in Table 203-1 or 203-2 for the pipe class specified on the plans. No single test shall have a result more than 20 percent greater than that corresponding to the limit in Table 203-1 or Table 203-2 for sulfates, chlorides and resistivity. No single test shall have a result more than 5 percent outside the limit in Table 203-1 for pH. The remaining sample material from a single failing test shall be split into three equal portions. CDOT shall receive one portion, the Contractor shall receive one portion and the remaining portion shall be retained by the Project. CDOT and the Contractor's Lab shall retest the failed sample; if the results from those tests are within 10 percent of each other, the results will be averaged. The averaged result will be used for Contract compliance. If the results from the Labs are not within 10 percent of each other, the remaining sample portion will be sent to an independent laboratory for testing using the testing requirements specified above. The independent laboratory will be mutually agreed upon by the Department and the Contractor. The Independent Lab's test result will be used for Contract compliance. If the imported material's sulfates, chlorides, and resistivity are less than the limits and the pH is within the limits in Table 203-1 or 203-2, CDOT will bear all costs associated with the independent lab test. If the imported material's sulfates, chlorides, and resistivity is greater than the limits and the pH is outside the limits in Table 203- 1 or 203-2„ all costs associated with independent lab testing shall be at the Contractor's expense. Embankment represented by failing tests shall be removed from the project and replaced at the Contractor's expense. 0 February 3'2O11 2 REVISION OFSECTION 203 IMPORTED MATERIAL FOR EMBANKMENT Tmb|m2O3` SULFATE, CHLORIDE AND PH OF IMPORTED MATERIAL SOIL Pipe Sulfate Chloride Tab|eJU3-2 RESISTIVITY AND PHgFIMPORTED MATERIAL SOIL SIDE Resistivity, R (Ohm — cm) pH REVISION OF SECTIONS 206 AND 601 July 29, 2011 BACKFILLING STRUCTURES THAT SUPPORT LATERAL EARTH PRESSURES Sections 206 and 601 of the Standard Specifications are hereby revised for this project as follows In subsection 206.03, delete the ninth paragraph and replace with the following: Backfill material shall not be deposited against newly constructed masonry or concrete structures, until the concrete has developed a compressive strength of 0.8 f'c, except in cases where the structures support lateral earth pressure. Concrete compressive strength for structures supporting lateral earth pressure shall conform to subsection 601.12 (o). Subsection 601.12 shall include the following: (o) Backfilling Structures that Support Lateral Earth Pressure. Concrete compressive strengths shall reach rc before backfilling operations can begin with heavy equipment, such as skid -steers or self -powered riding compactors. Concrete compressive strengths shall reach 0.8 Pc before backfilling operations can begin with hand operated equipment. • 0 • 0 Rev 10/20/07 SECTION 00020 INVITATION TO BID Section 00020 Page 2 KEITH L. FULLMER EMPLOYMENT HISTORY 2000 to General Superintendent/Project Manager, Structures, Inc., Englewood, CO. Present 1982 to Project Superintendent, Centric -Jones Constructors, Denver, CO. 2000 Experience includes supervision of numerous site improvement projects such as an 80- acre compost treatment facility with landscaping and underground mechanical work, parking lot grading and paving, fencing, etc. Significant experience in Heavy and Highway, particularly bridge structures. Also experienced in other civil and commercial construction. Following is a selected list of projects successfully directed and completed as Project Superintendent: • 1-70 and Airport Blvd. Interchange, Denver, CO. Colorado Department of Transportation (CDOT). $16 million project included seven bridge structures and extensive cast -in -place retaining walls. a • Union Pacific Railroad Bridges, Sutherland, Nebraska. Nebraska Public Power District (NPPD). $17 million project included six railroad bridges over state and interstate highways and the South Platte River. • • Weldona South Platte River Bridge. Colorado Department of Transportation (CDOT). $4 million, over 600-ft. highway bridge spanning the South Platte River. • U.S. Highway 285 and Kipling/Estes Bridges. Colorado Department of Transportation (CDOT). $4.5 million phased demolition and reconstruction of new highway bridges on U.S. 285 over Kipling Avenue and Estes Street. • Broadway Bridge over Cherry Creek (Broadway and Speer). Colorado Department of Transportation (CDOT). $1.2 million phased demolition and reconstruction. Project received CDOT architectural award. • Vasquez Bridge over Sand Creek, Denver, CO. Colorado Department of Transportation (CDOT). $2 million reconstruction of highway bridge. • Aspen Glen Bridge over Roaring Fork River, Carbondale, CO. Aspen Glen Development Company. $4 million concrete substructure, steel girder, triple span bridge over the Roaring Fork River. • Compost Treatment Plant. Chino, California Water District. Over $4 million, 80-acre compost treatment facility with extensive soil cement and asphalt paving. • Mervyn's Department Store at Crossroads, Boulder, CO. Over $1 million commercial building. • Larimer Square Street Improvements. The Hahn Co. $750,000 project which included reconstruction of street and sidewalks with many complex architectural elements L 1] • L_J May 5, 2011 REVISION OF SECTIONS 412, 601 AND 711 LIQUID MEMBRANE -FORMING COMPOUNDS FOR CURING CONCRETE Sections 412, 601 and 711 of the Standard Specifications are hereby revised for this project as follows: In subsection 412.14, first paragraph, delete the second sentence and replace with the following: The impervious membrane curing compound shall meet the requirements of ASTM C 309, Type 2 and shall be volatile organic content (VOC) compliant. In subsection 601.13 (b), first paragraph, delete the second sentence and replace with the following: A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be used on surfaces where curing compound is allowed, except that Type 1 curing compound shall be used on exposed aggregate or colored concrete, or when directed by the Engineer. In subsection 601.16 (a) 1., delete the first sentence and replace with the following: 1. Membrane Forming Curing Compound Method. A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be uniformly applied to the surface of the deck, curbs and sidewalks at the rate of 1 gallon per 100 square feet. Delete subsection 711.01 and replace with the following: 711.01 Curing Materials. Curing materials shall conform to the following requirements: r urlapCloth made from Juteor Kenaf_ , AASHTO M 182iquid Membrane -Forming Compounds for uring Concrete ASTM C_ 309 Sheet Materials for:C_ urcn Concrete _ AASHTO M 171', -*Only the performance requirements of AASHTO M171 shall apply. Straw used for curing shall consist of threshed straw of oats, barley, wheat, or rye. Clean field or marsh hay may be substituted for straw when approved by the Engineer. Old dry straw or hay which breaks readily in the spreading process will not be accepted. February 3, 2011 REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT FINISHING • Section 412 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 412.12(a) and replace it with the following: (a) Hand Finishing. Hand finishing should be minimized wherever possible. The Engineer shall be notified prior to hand finishing work and the proposed hand finished work shall be addressed in the Quality Control Plan for concrete finishing. Unless otherwise specified, hand finishing methods will be permitted only under the following conditions. Hand finished concrete shall be struck off and screeded with a portable screed that is at least 2 feet longer than the maximum width of the slab to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in -place for more than 30 minutes or when initial set has begun unless otherwise approved by the Engineer. Finishing tools made of aluminum shall not be used. The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in accordance with current Industry standards in the concrete pavement placement. It shall also identify the Contractor's method for ensuring that the provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference. Paving operations shall not begin until the Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality of finished concrete pavement including but not limited to: (1) Timing of hand finishing operations (2) Methodology to place and transport concrete (3) Equipment and tools to be utilized (4) Qualifications and training of finishers and supervisors When the Engineer determines that any element of the approved QCP is not being implemented or that hand • finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to address improperly placed material and how to remedy future hand finishing failures and bring the work into compliance with the QCP. The Engineer will review the plan for acceptability prior to authorizing the resumption of operations. 0 • REVISION OF SECTION 601 CONCRETE BATCHING Section 601 of the Standard Specifications is hereby revised for this project as follows: In subsection 601.06, delete (13) and (17) and replace with the following: February 3, 2011 (13) Gallons of water added by truck operator, the time the water was added and the quantity of concrete in the truck each time water is added. (17) Water to cementitious material ratio. • 0 February 3, 2011 011 REVISION OF SECTIONS 601 CONCRETE FINISHING Section 601 of the Standard Specifications are hereby revised for this project as follows: In subsection 601.12 (a) delete the fifth paragraph and replace it with the following: Water shall not be added to the surface of the concrete to assist in finishing operations. Hand finishing should be minimized wherever possible. The hand finishing methods shall be addressed in the Quality Control Plan for concrete finishing. Hand finished concrete shall be struck off and screeded with a portable screed that is at least 2 feet longer than the maximum width of the surface to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in -place for more than 30 minutes or when initial set has begun. Finishing tools made of aluminum shall not be used. The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in accordance with current Industry standards. It shall identify the Contractor's method for ensuring that the provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference. Concrete placement shall not begin until the Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality finished concrete including but not limited to: (1) Timing of hand finishing operations (2) Methodology to place and transport concrete (3) Equipment and tools to be utilized (4) Qualifications and training of finishers and supervisors • When the Engineer determines that any element of the approved QCP is not being implemented or that hand finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to address improperly placed material and how to remedy future hand finishing failures and bring the work into compliance with the QCP. The Engineer will review the plan for acceptability prior to authorizing the resumption of operations. In subsection 601.14(a) delete the fourth paragraph. 0 • 1 REVISION OF SECTION 601 CONCRETE SLUMP ACCEPTANCE Section 601 of the Standard Specifications is hereby revised for this project as follows: Delete the fifth paragraph of Subsection 601.05 and replace with the following: July 29, 2011 Except for Class BZ concrete, the slump of the delivered concrete shall be the slump of the approved concrete mix design plus or minus 2.0 inch. The laboratory trial mix must produce an average compressive strength at least 115 percent of the required field compressive strength specified in Table 601-1. When entrained air is specified in the Contract for Class BZ concrete, an air entraining admixture may be added to an approved Class BZ mix design. A new trial mix will not be required. Delete Subsection 601.17 (b), 601.17 (d) and Table 601-3 and replace with the following: (b) Slump. Slump acceptance, but not rejection, may be visually determined by the Engineer. Any batch that exceeds the slump of the approved concrete mix design by 2.0 inches will be retested. If the slump is exceeded a second time, that load is rejected. If the slump is greater than 2 inches lower than the approved concrete mix design, the load can be adjusted with a water reducer, or by adding water (if the w/cm allows) and retested. Portions of loads incorporated into structures prior to determining test results which indicate rejection as the correct course of action shall be subject to reduced payment or removal as determined by the Engineer. (d) Pay Factors. The pay factor for concrete which is allowed to remain in place at a reduced price shall be according to Table 601-3 and shall be applied to the unit price bid for Item 601, Structural Concrete. If deviations occur in air content and strength within the same batch, the pay factor for the batch shall be the product of the individual pay factors. Table 601-3 PAY FACTORS Percent Total Air Strength Deviations From Specified Air Percent Pay Factor (Percent) Below Specified Strength (psi) [ < 4500 psi Concrete] Pay Factor (Percent) Below Specified Strength (psi) [ > 4500 psi Concrete] Q.0=0.2 98 <, ', :: ..: 1-j00 ! r' v 9. '_ ` °. .'1;1'00 0.3-0.4 96 101-200 96 101-200 "015-0'6 _ =9oE 'j t: i,20pp •—rF-92 '_, 20�-1_3 0.7-0.8 84 301-400 84 301-400 401-500 ,40T-500 Over 1.0 Reject Over 500 Reject 65 501-600 '-_ 54 601-700`-700`- �1 42 701-800 15 90t-1000 Re ect.` ,., ^Over.1000 E February 3, 2011 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.10 shall include the following after the first paragraph: The Contractor's Superintendent and all others serving in a similar supervisory capacity shall have completed a CDOT-approved two-day Traffic Control Supervisor training as offered by the CCA. The one -day ATSSA Traffic Control Technician (TCT) training along with the two-day ATSSA Traffic Control Supervisor training will serve as an alternate. If the alternate is chosen, the Contractor shall provide written evidence that at least an 80 percent score was achieved in both of the two training classes. The certifications of completion or certifications of achievement for all appropriate staff shall be submitted to the Engineer at the preconstruction conference. 0 0 • REVISION OF SECTION 702 HOT POURED JOINT AND CRACK SEALANT Section 702 of the Standard Specifications is hereby revised for this project as follows: In subsection 702.06, first paragraph, delete the first sentence and replace with the following: September 29, 2011 Hot poured material for filling joints and cracks shall conform to the requirements of ASTM D 6690, Type II or Type IV. • 0 July 28, 2011 REVISION OF SECTION 703 CONCRETE AGGREGATES Section 703 of the Standard Specifications is hereby revised for this project as follows: Delete the second paragraph of subsection 703.00 and Table 703-1. Delete subsections 703.01 and 703.02 and replace with the following: 703.01 Fine Aggregate for Concrete. Fine aggregate for concrete shall conform to the requirements of AASHTO M 6, Class A. The minimum sand equivalent, as tested in accordance with Colorado Procedure 37 shall be 80 unless otherwise specified. The fineness modulus, as determined by AASHTO T 27, shall not be less than 2.50 or greater than 3.50 unless otherwise approved. 703.02 Coarse Aggregate for Concrete. Coarse aggregate for concrete shall conform to the requirements of AASHTO M 80, Class A aggregates, except that the percentage of wear shall not exceed 45 when tested in accordance with AASHTO T 96. 0 • February 3, 2011 REVISION OF SECTION 712 WATER FOR MIXING OR CURING CONCRETE Section 712 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 712.01 and replace it with the following: 712.01 Water. Water used in mixing or curing concrete shall be reasonably clean and free of oil, salt, acid, alkali, sugar, vegetation, or other substance injurious to the finished product. Concrete mixing water shall meet the requirements of ASTM C1602. The Contractor shall perform and submit tests to the Engineer at the frequencies listed in ASTM C1602. Potable water may be used without testing. Where the source of water is relatively shallow, the intake shall be so enclosed as to exclude silt, mud, grass, and other foreign materials. • February 3, 2011 • REVISION OF SECTION 712 GEOTEXTILES Section 712 of the Standard Specifications is hereby revised for this project as follows: In subsection 712.08, delete Table 712-2 and replace with the following Table 712-2 TYPICAL VALUES OF PERMEABILITY COEFFICIENTS' Particle Effective Size Range Permeability Turbulent Flow Millimeters (inches) Size Coefficient k D max D min D 20 mm cm/s (inches) Derrick STONE _ 3000 (120)_ _ 00 (36)_ 1200 (48)_ _ . 100 _ One-man STONE 300 (12) 100 (4) I50 (6)_ 30 _ Clean, fine to coarse 80 (3) 10 ('/<) 13 (%) 10 GRAVEL Fine, uniform 8 (%) 1.5 (�/ib) 3 (''/s) 5 GRAVEL _ Very coarse, clean, �— --� 3 ,—T — 3 (/ti) — ----- 0.8 (13i) : —� ( /ib) uniform SAND ,1.5 Laminar Flow Uniform, coarse 2 ('L4) OS (/64) 0.6 0.4 SAND Uniform, medium 0.25 0.3 0.1' 0.5 SAND 10 _ _ Clean, well -graded 0.05 0.1 0.01 SAND & GRAVEL Uniform, tile SAND 0.25_: _ 0�05 _ 0_ A_6 _ -- — 10 _ __40 x'L0�_ Well -graded, silty _ 5 0.01 0.02 4 x 10 -4 & GRAVEL _SAND SAND i 2 0.005 ._ �'1.0 x 104, _Silty _ SILT 0.05 0.005 _0.01 0.006 0.5 x 1_0-4 _Uniform Sandy CLAY �1.0 0.001 = _ _ 0.002 0.05 x 10- _ 0.05 0.001 0.0015 0.01 x 10-4� Silty CLAY_ 0.0005_ , _ y 0.0008 CLAY (30% to 505/; 0.05. 0.001 x 104 clay.sizes)__ 10 9 Colloidal CLAY (-2 0.01 10 40 µm 50%) Basic Soils Engineering, R.K. Hough, 2nd Edition, Ronald Pess Co.; 1969, Page 76. Note: Since the permeability coefficient of the soil will be unknown in most non- critical, non -severe Applications for erosion control and drainage, the soil - permeability coefficients listed in Table 712-2 may be used as a guide for comparing the permeability coefficient of.the fabric with that of the in - place soil 0 • PAST EMPLOYMENT EDUCATION Prior to joining Centric -Jones in 1982, worked for W.R.G. Construction, Denver, and Ebasco Services at Pawnee Power Plant in Brush, Colorado. Western State College, Gunnison, Colorado Major: Business Administration Construction Estimating Course - A.G.C. Construction Superintendent Skills - A.B.C. (two courses) CERTIFICATION AWARDS 1998 Class A Supervisor's Certificate, City of Denver CCA 1993 Project Superintendent of the Year. Interstate 70 and Airport Blvd. Project. • Incentive bonus awarded by NPPD Project owner as result of early completion. 0 10 February 3, 2011 1 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY A. AFFIRMATIVE ACTION REQUIREMENTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: Goals and Timetable for Minority Utilization Timetable - Until Further Notice 0 Economic Standard Metropolitan Counties Goal Area Statistical Area SMSA Involved 157 2080 Denver -Boulder Adams, Arapahoe, Boulder, Denver, (Denver) Douglas, Gilpin, Jefferson ................... 13.8% 2670 Fort Collins Larimer................................................ 6.9% 3060 Greeley Weld .................................................... 13.1 % Non SMSA Counties Cheyenne, Clear Creek, Elbert, Grand, Kit Carson, Logan, Morgan, Park, Phillips, Sedgwick, Summit, Washington & Yuma ............................ 12.8% 158 1720 Colorado Springs El Paso, Teller ..................................... 10.9% (Colo. Spgs. - 6560 Pueblo Pueblo ................................................. 27.5% Pueblo) Non SMSA Counties Alamosa, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Lake, Las Animas, Lincoln, Mineral, Otero, Prowers, Rio Grande, Sa uache........ 19.0% 159 Non SMSA Archuleta, Delta, Dolores, Eagle, (Grand Junction) Garfield, Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Routt, San Juan, San Miguel 10.2% 156 (Cheyenne - Non SMSA Jackson County, Colorado .................. 7.5% Casper WY) GOALS AND TIMETABLES FOR FEMALE UTILIZATION UntilFurther Notice......................................................................................................................6.9% Statewide- February 3, 2011 2 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for the geographical area where the contract resulting form this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this specification, and in the contract resulting from this solicitation, the "covered area" is the county or counties shown on the Invitation for Bids and on the plans. In cases where the work is in two or more counties covered by differing percentage goals, the highest percentage will govern. 0 0 February 3, 2011 3 • AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes; (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of . North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractor toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance Programs Office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. February 3, 2011 4 AFFIRMATIVE ACTION REQUIREMENTS • EQUAL EMPLOYMENT OPPORTUNITY 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available, and maintain a record of the organization's responses. • c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off - the -street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when he Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. Disseminate the Contractors EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc., by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the Contractor's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 0 February 3, 2011 5 • AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g. Review, at least annually, the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. • I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and Contractor's activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation. 0 February 3, 2011 6 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor - union contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even thought the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. • 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the • Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13 The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form, however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 0 February 3, 2011 7 • AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES. 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal -Aid highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract provisions. b. The Contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The Contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway Program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The Contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the following • statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program; It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State highway agency contracting officers and equal employment opportunity officer (herein after referred to as the EEO Officer) who will have the responsibility for an must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy a. All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum; (1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the Contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. February 3, 2011 8 AFFIRMATIVE ACTION REQUIREMENTS • EQUAL EMPLOYMENT OPPORTUNITY (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the Contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the Contractor. (3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or appropriate company official in the Contractor's procedures for locating and hiring minority group employees. b. In order to make the Contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the Contractor will take the following actions: (1) Notices and posters setting forth the Contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2) The Contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the Contractor will include in all advertisements for employees the notation; "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area • from which the project work force would normally be derived. b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the Contractor will, through his EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the Contractor for employment consideration. In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the Contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the Contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The Contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. '6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed; a. The Contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. February 3, 2011 9 • AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY b. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor will inform every complainant of all of his avenues of appeal. 7. Training and Promotion. a. The Contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the Contractor's work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on- the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. c. The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women with the unions, and to effect referrals by such unions of minority and female employees. Actions by the Contractor either directly or thorough a contractor's association acting as agent will include the procedures set forth below: a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The Contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. 0 February 3, 2011 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within he time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion , sex or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such Contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority -owned construction firms from State highway agency personnel. b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The Contractor will keep such records as are necessary to determine compliance with the Contractor's equal employment opportunity obligations. The records kept by the Contractor will be designed to indicate: • (1) The number of minority and nonminority group members and women employed in each work • classification on the project. (2) The Progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force). (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The Contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR 1391. 0 • I Anthony Bruski PIZOrESSIONAL SUMMARY Construction Cngincering Professional with qualified skills combined with a diverse background in project management, project estimating, project engineering, design/build, value engineering, cost and document controls, project planning, and scheduling. Strong organizational and leadership skills. EXPERIENCE Junc 2009 -- Current Structures, Inc. Project Manager > 1-25/Arapahoe Road interchange Improvements, Arapahoe County, $2,432,554 > 1:70: Frisco to Vail Pass, Cagle and Summit Counties, Colorado, $1,426,625 > 80"' over US36th Ave., $7,985,000.00 > 1-270 Bridge Rchab, $1,850,000.00 Y Douglas County Bridge CR16, $1,345,000.00 ➢ Boulder County Bridge Lefthand Creek, $1,265,000.00 November 2007—June 2009 Edward Kracmcr & Sons, Inc. Senior Estimator (November 2007 —Jute 2009) Responsible for estimating all typcs of structures work bid within the Colorado region for Edward Kracmer R: Sons, Inc. Bid projects for multiple state DOT's, the Corps of Gigincers, BNSF RR, UPRR, private • developers, and private owners. > Main role was to estimate project I would later Manage on site Project Manager (March 2008 — June 2009) Responsible for overseeing all aspects of project construction on the COOT 1-25 and Plum Creek Project. This project is a $30 million re -construction of 1-25, consisting of 5 new bridges, re- construction of I interchange, and 2 miles of roadway widening to include drainage and concrete paving. Review project costs and budget, coordinate all subcontractors, manage the contract with the owner, communicate projcct status and issues of concern with the Town of Castle Rock, manage project engineer and project superintendent, and review project schedule. In addition I am the acting senior manager responsible for oversight of the Plum Creck Parkway Railroad Bridge construction. In this role I oversee all aspects of the project and provide experience and insight to the project staffas they progress with construction. September 2004 — November 2007 Ames Construction Structures Estimator (September 2004 - January 2006) Responsible for estimating all types of structures work bid within the Colorado region of Amcs Construction. Bid projects for multiple state DOT'S, the Corps of Gtgincers, BNSF RR, UPRR, private developers, and private owners. ➢ Lead Structures Estimator, for Anus Construction, for several design build projects. The design build projects were both in the state of Colorado and outside of Colorado. > Setup and coordination of project budgets. > Setup project specific cost tracking systems to be implemented. i Responsible for plan review prior to bid and coordination between subcontractors and suppliers prior to bidding. Regional Structures Engineer (January 2006 - November 2007) Responsible for overseeing all aspects of project engineering within the structures division. Coordinated project planning between the office and field management staffs. Worked closely with each individual February 3, 2011 1 • DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (a) Definitions and Procedures For this project, the following terms are defined: 1. Disadvantaged Business Enterprise (DBE). A small business concern that is certified as being: A. At least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and B. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. C. Socially and economically disadvantaged individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is: (1) Any individual whom the Colorado Department of Transportation Office of Certification or the City and County of Denver Division of Small Business Opportunity (DSBO) finds to be a socially and economically disadvantaged individual. (2) Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged: . a. 'Black Americans," which includes persons having origins in any of the Black racial groups of Africa; b. "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; c. "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; d. "Asian -Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; e. "Subcontinent Asian Americans," which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; f. "Women", which means females of any ethnicity; g. "Other," which means any additional groups whose members are designated as socially and economically disadvantaged by the Small Business Administration (SBA), at such time as the SBA designation becomes effective and/or individuals who have been determined to be socially and economically disadvantaged based on the criteria for social and economic disadvantage. 2. Underutilized DBE (UDBE). A firm which meets the definition of DBE above and is eligible to meet the • contract goal as defined in the project special provision titled "Contract Goal." February 3, 2011 2 DISADVANTAGED BUSINESS ENTERPRISE • DEFINITIONS AND REQUIREMENTS 3. DBE Joint Venture. Joint venture means an association of a DBE firm and one or more other firms to carry out a single, for -profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. A DBE joint venture must be certified as a joint venture by the Business Programs Office at CDOT. A. For those projects set -aside for bidding by UDBEs only; all of the partners in a joint venture must be UDBEs and certification of the joint venture will not be required. B. For all projects other than the set -aside projects discussed in A. above; one of the partners in a joint venture must be a DBE. The DBE percentage of the joint venture will be determined at the time of certification. 4. Contract Goal. The goal for UDBE participation that the Department determines should appropriately be met by the successful bidder. Contract goal will be the percentage stated in the invitation for bids and in the project special provisions. Successful bidders that are awarded a Contract based on good faith efforts shall continue to make good faith efforts through the period of time that work on the project is in process, to provide for additional UDBE participation toward meeting the goal. 5. Good Faith Efforts. It is the obligation of the bidder to make good faith efforts to meet the contract goal prior to the bid opening. The bidder can demonstrate that it has done so either by meeting the contract goal or by documenting good faith efforts made. CDOT will evaluate only the good faith efforts made by the bidder prior to the bid opening. Any UDBE Participation submitted on Form 715 that exceeds the • participation submitted on Form 714 will be accepted as additional UDBE participation, but will not be counted as Good Faith Efforts and will not exempt a bidder from fulfilling the Good Faith Efforts requirements. The apparently successful bidder shall report all efforts made including but not limited to the efforts required on Form 718. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain UDBE participation sufficient to meet the DBE contract goal. The bidder may submit information on its UDBE successes in the preparation of this bid and its successes on CDOT projects during the three preceding calendar years. These successes shall be documented in Section IV of the Form 718. Other factors the bidder considers relevant to its past performance in meeting CDOT UDBE contract goals shall also be documented in Section IV of the Form 718. In determining whether a bidder has made good faith efforts, CDOT will consider the performance of the apparently successful bidder in meeting UDBE contract goals over the preceding three calendar years. This will include performance at the time of Contract bid and at the time of Contract close. CDOT will use this information to help assess the bidder's ongoing level of commitment in performing good faith efforts to meet project goals. CDOT will also take into account the performance of other bidders in meeting the contract goal. For example, when the apparently successful bidder fails to meet the contract goal, but others meet it, CDOT will reasonably raise the question of whether, with additional reasonable efforts, the apparently successful bidder could have met the goal. The greater the difference between the contract goal and the apparently successful bidder's DBE commitments on the Form 714, the greater the level of Good Faith Efforts expected by CDOT. If the apparently successful bidder fails to meet the goal, but meets or exceeds the average UDBE participation obtained by other bidders, CDOT will view this, in conjunction with other factors, as evidence that the apparently successful bidder may have made adequate good faith efforts. February 3, 2011 3 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS CDOT will accept verifiable comments from persons that have specific information pertaining directly to the efforts made by the bidder to reach the contract goal on this project. CDOT will consider these comments as part of its good faith effort analysis prior to issuing its decision regarding whether good faith efforts were employed by the apparently successful bidder. To be considered during CDOT's good faith effort analysis for the project, such comments must be submitted by letter, fax, or email. Comments must be sufficiently detailed, and must be received by CDOT within seven calendar days after the bid opening. Written comments should be submitted to CDOT based on the contact information listed at http://www.dot.state.co.us/EEO/ContactUs.htm . The Business Programs Office, with the DBE Liaison's Approval, will notify the apparently successful bidder by fax regarding any deficiencies in the documentation and effort demonstrated by the bidder. This fax will include the Business Programs Office's recommendation to the DBE Liaison Officer regarding whether the good faith effort demonstrated was sufficient for the bidder to be regarded as responsible. If the bidder may be regarded as responsible but with minor deficiencies in its good faith effort, the bidder will be expected to correct any deficiencies noted prior to bidding on other CDOT projects. Within five working days of being informed by the Business Programs Office that it is not a responsible bidder because it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration from the Good Faith Efforts (GFE) Committee, which will not have played any role in the original determination that the bidder did not document sufficient good faith efforts. The bidder should make this request to: Good Faith Efforts Committee Fax: 303-757-9019 is Phone: 303-757-9234 As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so. The bidder will also have the opportunity to meet in person with CDOT's GFE Committee to discuss the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so. The Business Programs Office, with the DBE Liaison's Approval, will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts prior to the bid opening to do so. The GFE Review Committee will make a recommendation to the DBE Liaison Officer. The DBE Liaison Officer will review the good faith efforts documentation and the recommendation of the GFE Review Committee, determine whether the required efforts are sufficient for award and notify the Chief Engineer of this finding. The Chief Engineer will make the final decision regarding award. There will be no administrative appeal of the Chief Engineer's decision. The Chief Engineer may pursue award of the Contract to the next lowest responsible bidder based upon this decision. If award of the Contract is made based on the Contractor's good faith efforts, the goal will not be waived. The Contractor will be expected to continue to make good faith efforts as described below throughout the duration of the Contract. To demonstrate Good Faith Efforts to meet the contract goal throughout the performance of the Contract, the Contractor shall document to the CDOT Region Civil Rights Professional the steps taken on Form 205. For each subcontract item not identified for DBE participation on Form 718, steps the Contractor must take include but are not limited to the following: A. Seek out and consider UDBEs as potential subcontractors. (1) Contact all UDBEs for each category of work that is being subcontracted. (2) Affirmatively solicit their interest, capability, and price quotations. • (3) Provide equal time for all prospective subcontractors to prepare their proposals. (4) Provide at least as much time to UDBEs in assisting them to prepare their bids for subcontract work as to non UDBE subcontractors. February 3, 2011 4 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (5) Award subcontracts to UDBEs where their quotations are reasonably competitive with other quotations received. B. Maintain documentation of UDBEs contacted and their responses. (1) Maintain a list of UDBEs contacted as prospective subcontractors. (2) Maintain thorough documentation of criteria used to select each subcontractor. (3) Where a UDBE expressed an interest in a subcontract and made a quotation, and where the work was not awarded to a UDBE, furnish a detailed letter explaining the reasons. (b) Certification as a DBE by the Department 1. Any contractor may apply to the Colorado Department of Transportation Office of Certification or the City and County of Denver Division of Small Business Opportunity (DSBO) for status as a DBE. Application shall be made on the USDOT's Uniform Certification Application Form as provided by these agencies for certification of DBEs. Application need not be made in connection with a particular bid. Only work contracted to UDBE contractors or subcontracted to UDBEs and independently performed by UDBEs shall be considered toward contract goals as established elsewhere in these specifications. 2. It shall be the Contractor's responsibility to submit applications so that the certifying agency has sufficient time to render decisions. The certifying agency will review applications in a timely manner but is not committed to render decisions about a firm's DBE status within any given period of time. 3. The Department will publish an online directory of DBE contractors, vendors and suppliers for the purpose of providing a reference source to assist any bidder in identifying DBEs and UDBEs. Bidders will be solely responsible for verifying the Certification of DBEs they intend to use prior to submitting a proposal. The directory is updated daily by the certifying agencies and is accessible online at http://www.dot.state.co.us/app_ucp/ . 0 4. Bidders shall exercise their own judgments in selecting any subcontractor to perform any portion of the work. 5. Permission for a DBE/non-DBE joint venture to bid on a specific project may be obtained from the Business Programs Office based on information provided by the proposed joint venture on Form 893, "Information For Determining DBE Participation When A Joint Venture Includes A DBE". Joint applications should be submitted well in advance of bid openings. (c) Bidding Requirements 1. All bidders shall submit with their proposals a fully executed Form 714 including a list of the names of their UDBE subcontractors to meet the contract goal. The apparently successful bidder shall submit a fully executed Form 715 for each UDBE used to meet the contract goal (sample attached) no later than 4:00 p.m. on the third work day after the date of bid opening to the Business Programs Office in the Center for Equal Opportunity. Form 715 may be submitted by FAX, at Fax number (303)757-9019, with an original copy to follow. If the contract goal is not met, the apparently successful bidder shall submit a completed Form 718 and corresponding evidence of good faith efforts no later than 4:00 on the day following the bid opening to the Business Programs Office in the Center for Equal Opportunity. CDOT Form No. 718 may be submitted by FAX, at Fax number (303)757-9019, with an original copy to follow. A copy of Form 718 is incorporated into this specification. 2. The award of Contract, if awarded, will be made to the lowest responsible bidder that will meet or exceed the contract goal or, if the goal will not be met, is able to demonstrate that good faith efforts were made to meet the goal. Good faith efforts are explained in (a) of this special provision. 3. The use of the UDBE firms named on Form 714 or on a Form 715, for the items of work described, is a condition of award. The replacement of a named UDBE firm will be allowed only as provided for in (e) of • this special provision. Failure to comply will constitute grounds for default and termination of the Contract. February 3, 2011 5 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 4. Contractor's DBE Obligation. The prime Contractor bidding on construction projects advertised by the Department agrees to ensure that Disadvantaged Business Enterprises (DBEs), as defined in this special provision, have equal opportunity to participate in the performance of contracts or subcontracts financed in whole or in part with Federal or State funds. The prime Contractor shall not discriminate on the basis of race, color, national origin, or sex in the bidding process or the performance of contracts. To ensure that UDBEs are offered equal opportunity to participate in the performance of contracts, it is the responsibility of the prime Contractor to offer and to provide assistance to UDBEs related to the UDBE performance of the subcontract. However, the UDBE must independently perform a commercially useful function on the project. (d) Counting DBE Participation Toward Contract Goals and CDOT's annual DBE goal 1. Once a firm has been certified as a DBE the total dollar amount of the contract awarded to the firm shall be counted toward CDOT's annual DBE goal and the contract goal as explained below, and as modified for the project in the project special provisions titled "Contract Goal." 2. The actual dollar total of a proposed subcontract, supply or service contract with any DBE firm shall be reported to the Department using Form 713. A Form 713 for subcontracts is to be submitted with the Form 205 and receipt will be a condition of approval. The eligibility of a proposed DBE subcontractor will be finally established based on the firm's status at the time of Form 205 approval. A Form 713 for a supply or service contract is to be submitted once a contract has been fully executed so the Department will be able to report the DBE participation in a timely manner. The eligibility of a DBE supplier or service firm will be finally established as of the date the Form 713 is received by the . Department. A Form 205 is not required for a supply or service contract. If a firm becomes certified as a DBE during performance under a fully executed contract with CDOT but prior to the DBE performing any work, then 100 percent of the work performed by the firm under that contract may be claimed as eligible work. 3. The Contractor may count toward its contract goal the percentage of the total dollar amount of a contract with a Department certified joint venture that equals the percentage of the ownership and control of the UDBE partner in a joint venture. 4. A The Contractor may count toward its contract goal only that percentage of expenditures to UDBEs which independently perform a commercially useful function in the work of a contract. A DBE is considered to be performing a commercially useful function by actually performing, managing, and supervising the work involved. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, work performed solely by the DBE, industry practices, and other relevant factors. B. A DBE may enter into subcontracts consistent with normal industry practices. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE shall be presumed not to be performing a commercially useful function. The DBE may present evidence to rebut this presumption to the Department. 5. The Contractor may count toward its contract goal the percentage of expenditures for transportation services obtained from UDBE trucking firms, provided the UDBE controls the trucking operations for which it seeks credit. A UDBE trucking firm must have at least one truck and driver of its own, but it can lease trucks owned by others, both DBEs and non -DBEs, including owner -operators. For work done with its own trucks and drivers, and for work done with DBE lessees, the UDBE trucking firm receives credit for all transportation services provided. For work done with non -DBE lessees, the UDBE trucking firm gets credit only for the fees or commissions it receives for arranging the transportation services, because the services themselves are being performed by non -DBEs. February 3, 2011 6 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 6. The Contractor may count toward its contract goal the percentage of expenditures for materials and supplies obtained from UDBE suppliers (regular dealers) and manufacturers, provided that the UDBEs assume the actual and contractual responsibility for and actually provide the materials and supplies. A. The Contractor may count 100 percent of its expenditures to a UDBE manufacturer. A DBE manufacturer is a certified firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Contractor. B. The Contractor may count 60 percent of its expenditures to UDBE suppliers (regular dealers) that are not manufacturers, provided that the DBE supplier performs a commercially useful function in the supply process. A DBE supplier (regular dealer) is a certified firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the Contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a supplier (regular dealer) the firm must engage in, as its principal business and in its own name, the purchase and sale of the products in question. A supplier in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or suppliers within the meaning of this section. C. The Contractor may count toward its contract goal the following expenditures to UDBE firms that are not manufacturers or suppliers (regular dealers): (1) The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. (2) The fees charged for delivery of materials and supplies required to a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a supplier of the materials and supplies, provided that the fee is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. (3) The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. To determine the goals achieved under this Contract the participation as described in (d) of this special provision shall be divided by the original prime Contract amount and multiplied by 100 to determine the percentage of performance. The Contractor shall maintain records of payment that show amounts paid to all DBEs. Upon completion of the project, the Contractor shall submit a Form 17 listing all DBEs that participated in this Contract, the subcontract tier number of each, and the dollar amount paid to each. This dollar amount shall include payments made by nonDBE subcontractors to DBE subcontractors. The Contractor shall certify the amount paid, which may be audited by the Department. When there is no participation by DBEs, the Contractor shall submit a Form 17 that indicates no participation and gives reasons why there was no participation. CDOT will not count the participation of a DBE subcontractor toward the prime contractor's UDBE achievements or CDOT's overall DBE goal until the amount being counted toward the goal has been paid to the DBE. (e) Replacement of UDBE Subcontractors used to meet the contract goal Based upon a showing of good cause the Contractor may request that a UDBE named on Form 714 or on a Form 715 be replaced with another UDBE pursuant to the terms and conditions of this special provision. In the event that the Contractor is able to both document the need and to offer a replacement UDBE who can perform the work at a reasonable cost, the CDOT Region Civil Rights Professional will approve the replacement at no additional cost to the Department. Replacements will be allowed only with prior written approval of the Region Civil Rights Professional. February 3, 2011 7 DISADVANTAGED BUSINESS ENTERPRISE 011 DEFINITIONS AND REQUIREMENTS 1. If a replacement is to be requested prior to the time that the named UDBE has begun to effectively prosecute the work under a fully executed subcontract, the Contractor shall furnish to the Region Civil Rights Professional the following: A. Written permission of the named UDBE. Written permission may be waived only if such permission cannot be obtained for reasons beyond the control of the Contractor. B. A full written disclosure of the circumstances making it impossible for the Contractor to comply with the condition of award. C. Documentation of the Contractor's assistance to the UDBE named on Form 714 or on Form 715. D. Copies of any pertinent correspondence and documented verbal communications between the Contractor and the named UDBE. E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of the efforts. It is within the control of the Contractor to locate, prior to award, DBEs that offer reasonable prices and that could reasonably be expected to perform the work. For this reason, increased cost shall not, by itself, be considered sufficient reason for not providing an in -kind replacement. 2. In the event a UDBE subcontractor begins to prosecute the work and is unable to satisfactorily complete performance of the work, the Contractor shall furnish to the Region Civil Rights Professional the following: • A. Documentation that the subject UDBE subcontractor did not perform in a satisfactory manner. B. Documentation of the Contractor's assistance to the UDBE subcontractor prior to finding the UDBE subcontractor in default. C. A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE stating that it cannot complete the work and it is turning the work back to the Contractor. D. Copy of the contract between the Contractor and the UDBE subcontractor, plus any modifications thereto. E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of the efforts. In the event the Contractor is able to locate a replacement UDBE who can perform work at a reasonable cost to the Contractor, and also demonstrates to the satisfaction of the Department that prior to bid it had reason to believe that the named UDBE firm was responsible and not expected to default, the Department may modify or renegotiate the Contract to compensate the Contractor for any reasonable extra costs, because of a higher price in the proposal of the replacement UDBE subcontractor than that of the original UDBE subcontractor who failed to perform. Provided, however, that the Department will not be obligated to participate in any increased cost to the Contractor if the UDBE that fails to perform has a recent history of performance failure or default that was either known, or should have been known, to the Contractor prior to award. 3. If the Contractor is unable to locate a UDBE replacement that is both interested in and capable of performing the work at a reasonable cost, the Department may waive the requirement that the work be performed by a UDBE and the Contractor shall provide for the satisfactory completion of the work at no additional cost to the Department. 8 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (f) Sanctions. February 3, 2011 It is the obligation of the Contractor to provide DBE firms with equal opportunity to participate in the performance of the work. It is the responsibility of DBE firms to perform their work in a responsible manner fully consistent with the intent of the DBE program, and in substantial compliance with the terms and conditions of these DBE definitions and requirements. DBE firms which fail to perform a commercially useful function as described in subsection (d) of these DBE definitions and requirements or operate in a manner which is not consistent with the intent of the DBE program may be subject to revocation of certification. A finding by the Department that the Contractor has failed to comply with the terms and conditions of these DBE definitions and requirements shall constitute sufficient grounds for default and termination of the Contract in accordance with subsection 108.09 of the specifications. Attachments: Form 714 Form 715 Form 718 0 • COLORADO DEPARTMENT OF TRANSPORTATION Project #: BIDDERS LIST DATA and UNDERUTILIZED Location: DBE (UDBE) BID CONDITIONS ASSURANCE Prime Contractor Instructions: This form has two sections, both must be completed and submitted with your bid. Complete Section 1 to list all subcontract quotes received (non -DBE and DBE). Complete Section II to report only Underutilized DBE (UDBE) participation percentages which qualify under the contract goal specification for this project. Please review CDOT Form #715 instructions before completing Section If. Attach additional sheets as necessary. POLICY It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have equal opportunity to participate on projects financed with federal, state or local entity funds. Consistent with 49 Code of Federal Regulations (CFR) Part 26.11, the Bidders List data provided by the Contractors will provide CDOT as accurate data as possible about the universe of DBE and non -DBE firms actively seeking work on its highway construction contracts, for use in setting overall DBE goals. SECTION I: CDOT BIDDERS LIST INFORMATION (Non -DBEs and DBEs) 1) Are all subcontract bids (quotes) received by your firm for this project listed below? ❑ Yes ❑ No 2) If No, make certain any additional subcontract bidding information is submitted to the CDOT Business Programs Office before 4:00 pm on the day after bids are opened to ensure CDOT has the best data possible for setting future DBE goals (use the same table format as below): CDOT Business Programs Office 4201 E. Arkansas Ave., Room 200 Denver, Colorado 80222 FAX: 303-757-9019 EMAIL: eo@a dot. state. co. us 3) The most recent CDOT Bidders List will be posted online at: www.dot.state.co.us/EEO/DBEProgramPage.htm Name of firm submitting Bid/Quote Certified 08E firm? Yes No Work item(s) description Firm being used? Yes No �a 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Page 1 of 2 Previous editions are obsolete and may not be used CDOT Form #714 4/08 Name of firm submitting Bid/Quote Certified DBE firm? Yes No Work item(s) description Firm being used? Yes No 15. 16. 17. 18. 19. 20. SECTION II: UNDERUTILIZED DBE (UDBE) PARTICIPATION COMMITMENT 1) Total eligible Underutilized DBE (UDBE) percentage amount from Box A below: % 2) Will your company's Underutilized DBE (UDBE) participation commitment meet the contract goal? ❑ Yes ❑ No 3) List the UDBE firms, committed work items, and eligible UDBE percentage of your bid committed to each. UDBE Firm name Certification # Committed work item(s) io Commitment toward DBE Goal` 1. % 2. % 3. % 4. % 5. % BOX A: TOTAL ELIGIBLE UDBE PERCENTAGE AMOUNT (Round to nearest hundredth) — % Detailed instructions on how to calculate DBE commitment amounts are available on CDOT Form #715 and in the "Counting DBE Participation Toward Contract Goals and COOT's annual DBE goal" section of the "DBE — Definitions and Requirements' in the Standard Special Provisions. I understand that, if my company is determined to be the low bidder for the contract on this project, I must submit a completed COOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION for each firm listed in Section II of this form to the Transportation Department by 4:00 pm on the third work day after the day bids are opened. The actual amounts submitted on each CDOT Form #715 must equal or exceed the DBE percentage commitments documented on this form. In addition, if my company does not meet the DBE/UDBE goal for this project, I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before 4:00 pm on the day after bids are opened. CDOT Form #715s submitted for firms not included on this form, OR for amounts exceeding those listed on this form, will be accepted but NOT counted as Good Faith Efforts. Only the efforts the contractor made prior to the bid opening will count as Good Faith Efforts. I understand my obligation to abide by the Policy stated above Section I. 1 shall not discriminate on the basis of race, color, age, sex, national origin, or handicap in the bidding process or the performance of contracts. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Company Name: Date: Company Officer Signature: Title: 10 Page 2 of 2 Previous editions are obsolete and may not be used uuu i rorm nr 14 wud owner to develop cost/schedule saving proposals. Reviewed all bids prior to their closeout. Oversaw each project engineer and worked with them to track project costs, project schedule, project planning, and change order review. 1 would travel to cacti project to help troubleshoot issues of concern and to monitor the projects progress. Major Projects: • 1-70/S1158 (CDOT) Elkhead Dam (Corps of Engineers) • Abo Canyon second track (BNSF RR) • US 59 Franklin County (KDOT) Donkey CrecldCabillo Junction (BNSF RR) Oletha Grade Separation (City ofOlctha, Kansas) i I also served as the Structures Lead for several design build and CM at risk projects. March 2000 - September 2004 Granite Construction Company Project Engineer/Project Manager While at Granite Construction Company I worked closely with the Project Manager to track project cost, project schedule, negotiate change orders, and to facilitate coordination between the projects field and office staffs. I setup and maintained the project schedule, using 113. 1 worked closely with the Project Superintendent to coordinate our work and to communicate the project status to subcontractors and suppliers. As a Project Manager I oversaw all aspects of the project and worked with the Project Superintendent to successfully complete the project. I also worked with the estimating department, both estimating and assisting in bid review and closeout as needed. 9 Major Projects: Chaha Bridge Replacement (TxDOT) (Project Manager) • 1-35/George Bush Turnpike Phase IV (Tollway authority) (Project Engineer) George Bush Turnpike Phase VI (Tolhvay authority) (Project Manager) SH 130 design build (Lead Scheduler) • May 1997 — March 2000 Washington Group International (formerly MK Construction) Field Engineer/Project Engineer I worked as the Field Engineer, later promoted to Project Engineer, for the Route 895 Connector in Richmond, VA. This was a S400 million design build. The projects salient features were 5 million cy of excavation/embankment, 18 small bridges, 4 flyover ramps, precast segmental mainline bridge, a cast in place segmental mainline span over the James River, 16 miles of utility construction, and a 10 lane toll plaza Facility. Some of my responsibilities were cost tracking, schedule tracking, potential change order setup, subcontractor and supplier coordination, review of survey calculation, and pay estimate setup. December 1996 -- May 1997 VanDyke Construction Field Superintendent/1'roject Manger While in college I worked as a Project Superintendent for a small earthwork/utility contractor in Bozeman, NIT. I was responsible for communicating with the project foreman to setup crews, equipment, and materials as needed. I also finalized all pay requests, and managed all communications between VanDyke Construction and the projects owner. EDUCATION Montana State University Bozeman, MT BS Civil Engineering BS Biological Sciences 1IA1ZDWA12C/SOFTWA1ZE HCSS Word Bids It L-'xccl • • COLORADO DEPARTMENT OF TRANSPORTATION Project No.: CERTIFICATE OF PROPOSED UNDERUTILIZED DBE (UDBE) Project Code (SA#): PARTICIPATION Location: Form#: of Prime Contractor - Send completed/signed form to the Business Programs Office (instructions on second page). The "Eligible UDBE Amounts" submitted on this form must equal or exceed the commitment(s) documented on the CDOT Form 714 you submitted with your bid. For the complete list of certified DBE/UDBE firms and their DBE work codes go to http://www.dot.state.co.us/app-ucp/ NOTE: See 49 CFR part 26.55, and the "DBE - Definitions and Requirements" in the Standard Special Provisions, for further information concerning counting DBE participation of truckers, subcontractors, suppliers and service providers toward the project's UDBE goal. PART I — TRUCKING CONTRACT If the UDBE is being used as a trucker for one or more "trucking" DBE work codes (25500, 25505 etc.) then: ACTUAL UDBE AMOUNT = Actual contract amount for the transportation services provided by the UDBE firm and any UDBE lessees. ELIGIBLE UDBE TRUCKING AMOUNT= I (ACTUAL UDBE AMOUNT) — (Any non-UDBE lessee amounts in this contract)* I For work done on this UDBE contract with non-UDBE lessees, credit toward the project UDBE goal is given only for the broker fees or commissions the UDBE trucker receives for arranging the transportations services, because the services themselves are being performed by non-UDBEs. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE TRUCKING AMOUNT $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR: Complete list of work codes is at http://ww ..dotstate.co.us/app_ucp/ , PART 1 b — SUBCONTRACT • ELIGIBLE UDBE SUBCONTRACT AMOUNT= I (Actual UDBE contract amount) (Any:non-UDBEilower tier amounts in this contract)` r\ ct Work that a UDBE subcontracts to a lower tier non-UDBE firm does not count toward the,p, UDBEgoal.V NAME OF UDBE FIRM CERTIFICATION # 16PI14ATI6N DATE`\ ELIGIBLE UDBE SUBCONTRACT AMOUNT OBE WORK CODE NUMBER(S) THIS UDBE IS BEING'USEDFFORi\ Complete list of work codes is at http://www.dot.stateFco us/app�iicp/ ': k✓ PART 1 c — SUPPLY CONTRACT;�\�> V If the supplier is a UDBE with a' Type' %field of t"Manufacturer" for the item(s): t l',,`'\� \`,i1 • ELIGIBLE UDBE SUPPLYAMOUNT I (Actual UDBE contract amount) X 100% PT_yp_e' "Regular If the supplier is a UDBE`with field of Dealer" for the item(s): • ELIGIBLE UDBE SUPPC AMOUNT = I (Actual UDBE contract amount) X 60% NOTE: If the supplier isya; 08E with a "Type" field of "Broker" for the item(s) use PART 1 d — BROKER I SERVICE CONTRACT. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE SUPPLY AMOUNT / / $ DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR: Complete list of work codes is at http://www.dot. state. co.us/app_ucp/ PART 1 d — BROKER / SERVICE CONTRACT If purchasing materials or supplies through a UDBE with a "Type' field of "Broker", count only the amount of brokerage commission and/or delivery service fees included in the contract. Other examples of services to include in this section are bonding, brokering, consulting, security guards, and insurance etc. ELIGIBLE UDBE SERVICE FEE AMOUNT = Actual compensation retained by the UDBE brokerlagent for services rendered* ` The amounts that count toward UDBE goals are limited to the compensation retained by the UDBE broker/agent for services rendered, provided the fee/commission is determined by CDOT to be reasonable and not excessive as compared with fees customarily charged for similar services. NAME OF UDBE FIRM CERTIFICATION # EXPIRATION DATE ELIGIBLE UDBE SERVICE FEE AMOUNT DBE WORK CODE NUMBER(S) THIS UDBE IS BEING USED FOR: Complete list of work codes is at http://www. dot state. co. us/app_ucp/ Original — Business Programs_ Office Previous editions may not be used CDOT Form 715 — Page 1 of 2 1/06 PART 2 - UDBE PARTICIPATION SUMMARY A) What is the total dollar value of this proposed trucking, subcontract, supply, OR broker/service contract that is eligible for counting toward contract goals? A = [ TOTAL FROM "ELIGIBLE" COLUMNS IN PART 1 ] A> $ NOTE: Provide in actual subcontractor dollars and not prime contract prices. B) What is the total dollar value of proposed subcontracts that are eligible for counting towards B> $ contract goals from prior sheets/forms? C) What is the accumulative value of proposed subcontracts that are eligible for counting towards contract goals? C> $ C=[A + B] D) What is the original contract bid total? D> $ E) What is the accumulative percent of contract bid total subcontracted to all underutilized DBEs? E=[(C _ D) X 100] E> PART 3 - UDBE CONFIRMATION I confirm that my company is participating in this contract as documented in the P of this form. Only the value of the work that my company is actually performing is UDBE Firm Name: UDBE Representative Signature and Title: PART 4 - PRIME CONTRACTO my company has met the my company has accep my company has notfe'd, Date: submitted a completed CDOT Form #718. UDBE named above. of the contracted UDBE commitment. t(s) in PART 1 • my company has'ehsured'that the\proposed UDBE has signed PART 3 of this form. • 'apsdmy company's use of the.prooUDBE for the items of work listed above is a condition of the contract award. my company;will iivitesthe proposed UDBE to attend the preconstruction conference. • my company'will,not use a substitute UDBE for the proposed UDBE's failure to perform under a fully executed subcontract, unless my company complies with the definitions and requirements section of the DBE Special Provisions. • 1 understand that failure to comply with the information shown on this form will be considered grounds for contract termination. I declare under penalty of perjury in the second degree, and any other applicable state or federal laws, that the statements made on this document are true and complete to the best of my knowledge. Prime Contractor Name: Officer Signature and Title: FORM INSTRUCTIONS Prime Contractor: 1. An officer of the contractor(s) must complete this form. 2. Include only DBE firms which meet the underutilized criteria in the contract goal specification for this project (i.e., UDBE firms). 3. Complete only relevant section(s) for PART 1. 4. Ensure that the proposed UDBE has signed PART 3 of this form. 5. Complete ALL sections of PART 2 and PART 4. 6. Submit a separate CDOT Form #715 for EACH proposed UDBE. Date: 7. Retain a photocopy for your records. 8. Send original to: Colorado Department of Transportation Business Programs Office 4201 E. Arkansas Ave. Denver, Colorado 80222 FAX: (303) 757-9019 9 1] 0 fn U E LL r Up N ' m mI o W 2 o o N N W o W D m N O 0 M 9 N D O E m '� cci L Cm o ` C O N O m a m y p R o O N O N R m N d m °) a .2• u m m F 1 t m C C n mp 0 OO M— O v 3 O pC O.. �C o E m c 0 3 O O O N 'm w o m . OOn amJDMQ RO 0 Z L.. N D m D m L V U p 0 0m O D O i0 F- d a U :� U O D U 3 11 U 3 O D M Y L 3 D m N O v m N p o n d D @@ O m@ o .� x E m O O R@ O m _ oo 0 E DC N D .- O m C �0 3 0 m 0 0 0 m 'p C p 0@ s 1 1 • T Liy ro N LU N p 'O W ~ w Co J T N R '-' QCq c o E a N U Oj m m 0 a L ED mVQC1 m= am mON ENNzp O`oGl O U w 0 Loc aNc vm NN Cd� m 0NoE Q7lI D O E '� L C 'O V .m. O jp U p ip a 3 R UE W y� d W 1] VI o f O W 3 p N 3 0 3 m y m0 3 W n N W 3 W w m N= .= O C o U L m y d IL- .c a~ ,xR� O ] m w L O O@ Ot m w E o N c E I- L U N N '� d o m U o n !6 u 'ot p O N coi Q O D— W co !] W L N tOl CO w r. m D wO C N N,� .,@' L U Lp- m.4•d. p U 2 0 N 'C ` N D C L m C Qy;Ui w a 0 m m w w m L o� p Qf,oj ou m IL p O o m c m m ..t E.,. Q E w o o ax a U @o @4pid Z L O E m no.W D h Q m~ Y' N m D E w NJ v03 O C J OQlO ♦N1OY Q 3 3 OIO,y m L E pa n@ LL dt` mV. O Q D o 030 Z li a Y T o>, ^? U 1 E w C m L a it p Q L - K E o o# m U C c O m W@ m Q O J n v C O N 2 m + 3 U N h a 0 n N ! LL '^ N O N A U C U�i.r':O d 4"4 O a O t; MY!x Cm O `/ 3 rn d L an y: V O 4y a W 0o =v N wom -x)<n o>� Zm p :..;�.0 cU`mx> v •. Q Z eo@ o3) Q O O o a) r a N ?s•'N ,, m Y a E m o N c `m.t0,;., 0 3 v a a E3 �,Wm-,�• O Q. - O N O C) b y r'ti W/�/� C L N O) •��`'' Z cl Z a vmmia LL, d E@ L o= 0 WC W O N d W L N U` n ltt 'iF n LC.� Q a D N m O lb m U m O W m 0 p U O O E N M- N R _c n E m Eo ., aQ N/ 1 a c o o c a W J O N p `n N LLI m v N iz J v Q m y a O C N C m o 4 -' L �+ c L `o n m R .oP, O3 o ;ogy,"U C p O N m o:' O o o N E ELL .c w — N.a :'h F .N _ W N Q L r 3 O D O E YSO''. U 2 m 0 N 0) L N Q @ L 7 3 0 a: E o N D O O,W W W..... Z N m O N !YWpt LL LL ocn n +" -tyo: O O u W O W W v U UWDOo m m CZ m6 V W 0 O III. Complete the following table to show all subcontract bids received (non-UDBE and UDBE), bid dollar amounts for each bid item, and the name of the successful bidder. Where bundled subcontract bids were received, break out quotes per bid item number. If the UDBE bids were rejected, give reasons for each case. If the work is to be counted as a potential UDBE subcontract item, the Contractor cannot elect to perform that work itself when a UDBE bid is competitive or only UDBE bids are received. Cost alone may not be adequate justification for failure to use a UDBE bid. When a non-UDBE bid is significantly lower than a UDBE bid, the Contractor may choose to perform the item itself. COOT will determine whether a subcontractor's bid is "competitive" based on factors such as the percentage and dollar difference between quote(s), and/or the percentage the quote(s) represents of the overall contract. x r., ,. 'CDOT Bid Item# (Break Oul Bundled Quotes) - ' • ..'..•.. .: _r _. . CI Best s t DBE Work :' _,:Code , . ,_ r ` Bid'Item Description ., .. - Sub confr, r Name w • (Place an "next to firm tieing used) Actual Bid Item Quote Pnce UDBE Firm? %'Difference On va Items That .UDBE FIR Bid.': El 1-1 El ELM] El 11 El El Ll IV. The efforts required herein are not exhaustive or exclusive. Other factors or types of efforts may be relevant in appropriate cases. In determining whether Good Faith Efforts have been made, the quantity and quality of the efforts made as well as kinds of efforts made may be considered. List any additional efforts to increase UDBE contract participation, such as assisting UDBEs in obtaining bonding/insurance/lines of credit, effectively using the services of community organizations/publications, and/or requesting subcontractors to assist with providing UDBE participation. Report the results of such efforts. Note: Advertising in a publication with low UDBE subscription rates will not be considered as quality efforts by COOT. THE CONTRACTOR UNDERSTANDS THAT DEMONSTRATION OF GOOD FAITH EFFORTS IN ACHIEVING THE UDBE GOALS ESTABLISHED BY COOT IS REQUIRED THROUGHOUT THE PERFORMANCE OF THE CONTRACT. Company Name: Phone: Fax: Title: Printed Name: Signature: 0al - Business Programs Office THIS FORM IS CONFIDENTIAlleevious editions may not be used CDOT Form 718 - Page 2 of*/06 0 0 0 -1- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016. 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION Decision Nos. C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 dated January 06, 2012 supersedes Decision Nos. C0100018, 19, 20, 21, 22, 23, 24, 25 and 26 dated September A 2011. Modifications ID vtoD Number Dace Page Number(s) t t t-18-t t 14 2 01-06-12 t, 10, 14, 19, 25, 29, 34, 42 and 50 t 2 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. CO100016 applies to the following counties: Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, and Park counties. General Decision No. CO100016 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basics HouLast Ratrly urly Fringe Benefits Mod ELECTRICLUN (Traffic Signalization Only): 1000 Clear Creek 26.42 4.75%+ 8.68 POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1001 Smaller than Watson 2500 and similar 23.67 9.22 1002 Watson 2500 similar or larger 23.97 9.22 Crane (50 tons and under) 1003 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 23.82 9.22 Crane (51 - 90 tons) 1004 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 23.97 9.22 Crane (91 - 140 tons) 1005 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 24.12 9.22 1006 Scraper 1007 Single bowl under 40 cubic yards 23.82 9.22 1008 40 cubic yards and over 23.97 9.22 -2- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLOR -ADO DATE 0 1 -06-12 GENERAL DECISION MEMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. COI OOO16 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER: Excludes Form Work 1009 Adams 16.61 3.88 1010 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 19.27 5.08 Form Work Only 1011 Adams 16.78 3.57 1012 Broomfield, Clear Creek, Elbert, Gilpin 19.11 5.46 1013 Jefferson 16.88 3.81 1014 Park 17.28 5.38 CEMENT MASON/CONCRETE FINISHER: 1015 Adams 16.05 3.00 1016 Arapahoe 18.70 3.85 1017 Broomfield, Clear Creek, Elbert, Gilpin 18.37 3.00 1018 Jefferson 18.02 3.42 1019 Park 17.09 2.85 ELECTRICIAN: Excludes Traffic Signal Installation 1020 Adams 31.00 14.01 1021 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 35.13 6.83 Traffic Signalization Electrician 1022 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 27.25 7.10 1023 Jefferson 26.78 5.44 Traffic Signalization Groundsman 1024 Adams 13.96 2.80 1025 Arapahoe, Broomfield, Elbert, Gilpin, Park 15.24 3.81 1026 Clear Creek 15.70 2.14 1027 Jefferson 15.19 4.72 fo 0 0 -3- U.S. DEPT. OF LABOR, DAVIS BACON MNLMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22,23) and 24 HIGHWAY CONSTRUCTION General Decision No. CO100016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod 1028 FENCE ERECTOR 13.02 3.20 1029 FORM WORKER -Arapahoe 15.30 3.90 GUARDRAIL INSTALLER: 1030 Adams 12.89 3.45 1031 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 12.89 3.20 HIGHWAY/PARKING LOT STRIPING: Painter 1032 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 12.62 �.21 I033 Jefferson 14.21 3.21 IRONWORKER: Reinforcing 1034 Adams 22.14 0.77 1035 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson 16.69 5.45 1036 Park 19.98 2.89 1037 Structural 18.22 6.01 LABORER: Asphalt Raker 1033 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson 16.29 4.25 1039 Park 17.41 1.86 1040 Asphalt Shoveler 21.21 4.25 1041 Asphalt Spreader 18.58 4.65 Common or General 1042 Adams 16.29 4.25 1043 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 16.67 4.27 1044 Jefferson 16.51 4.27 1045 Park 15.64 2.46 -4- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUivBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod Concrete Saw (Hand Held) 1046 Adams 16.29 5.20 1047 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 16.29 6.14 Landscape and Irrigation 1048 Adams, Arapahoe, Broomfield, Elbert, Gilpin, Jefferson, Park 12.26 3.16 1049 Clear Creek 14.98 3.16 Mason Tender - Cement/Concrete 1050 Adams 17.71 2.83 1051 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 16.96 4.04 1052 Jefferson 16.29 4.25 1053 Park 15.08 3.10 1054 Pipelayer 13.55 2.41 Traffic Control (Flagger) 1055 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 9.55 3.05 1056 Jefferson 9.73 3.05 1057 Park 9.42 3.21 Traffic Control (Sets UpMoves Barrels, Cones, Install Signs, Arrow Boards and Place Stationary Flags) 1058 Adams, Arapahoe, Broomfield, Elbert, Gilpin, Jefferson 12.43 3.22 1059 Clear Creek 13.14 3.20 1060 Park 12.76 3.20 1061 PAINTER (Spray Only) 16.99 2.87 • 0 9 0 is -5- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR: Asphalt Laydown 1062 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson 22.67 8.75 1063 Park 22.67 8.72 1064 Asphalt Paver 24.97 6.13 Asphalt Roller 1065 Adams 24.20 7.70 1066 Arapahoe 22.68 8.72 1067 Broomfield, Clear Creek, Elbert, Gilpin 23.41 7.67 1068 Jefferson 22.84 7.69 1069 Park 22.84 8.72 Asphalt Spreader 1070 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 2-2 67 8.67 1071 Jefferson 23.34 8.06 1072 Backhoe/Trackhoe 1073 Adams 2031 4.24 1074 Arapahoe 24.59 6.24 1075 Broomfield, Clear Creek, Elbert, Gilpin 22.19 6.48 1076 Jefferson 21.99 5.60 1077 Park 20.81 4.24 u U.S. DEPT. OF LABOR, DAVIS BACON MNIMUM WAGES, COLORADO DATE 0 1 -06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22,23) and 24 HIGHWAY CONSTRUCTION General Decision No. CO100016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't): Bobcat/Skid Loader 1078 Adams, Broomfield, Clear Creek, Elbert, Gilpin 15.37 4.28 1079 Arapahoe 18.23 4.28 1080 Jefferson 16.85 4.28 1081 Park 22.46 0.00 1082 Boom 22.67 8.72 Broom/Sweeper 1083 Adams, Broomfield, Clear Creek, Elbert, Gilpin, Park 22.70 8.07 1084 Arapahoe 22.67 8.73 1085 Jefferson 22.18 8.36 Bulldozer 1086 Adams 25.20 6.72 1087 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 26.90 5.59 1088 Concrete Pump 21.60 5.21 Crane 1089 Adams, Park 22.82 8.72 1090 Jefferson 23.55 6.68 Drill 1091 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 20.48 4.71 1092 Jefferson 20.65 5.74 1093 Forklift 15.91 4.68 I* 0 P3 AutoCad i Lotus Microsoft Office Expedition Additional Design Build Details i Route 895 Connector, Richmond, VA. o My role on this project was to coordinate between the field and design. Ensuring that all design packages were finished within the required deadline and that the design had been optimized as much as possible. I was responsible for monitoring and maintaining the design cost budget for 12 of the 28 individual bridges. i SH 130, Austin, T\ o My role on this project was to develop the project schedule for bid submittal. The project schedule was scored as 15% of the project total rating for award. This schedule was scored a 94 out of 100 and was the highest ranked schedule among the 3 competing teams. Design Build Experience while at Ames Construction o Grand Junction, CO: I served as the Lead Structures Estimator for Antes. I was responsible for the struc0.Res estimate and reconciliation of the structures estimate with our partner team. o DM&E RR, WY/SD: I served as the structures Lead Manager for this design build. I was responsible for coordinating the structures estimate, estimate review, and estimate closeout. I worked closely with the two design teams to complete optimized bridge designs. This required working with geotech firms to optimize drilled shaft depths and the use of II -pile when possible, working with Coreslab to modify standard precast girder concepts to be used on the project, coordinating with WYDOT and SDDO"r for I I grade crossing bridges that were under their jurisdiction, and reviewing ROW concerns that effected both design and constructability issues. o FAM 64, St. Louis, MO: I served as the lead structures estimator for Ames. This role was similar to the role described with the Grand Junction, CO design build. o UTA second track, Salt Lake City, UT: I served as the structures Lead Manager for this design build. This projects role was similar to my role served with the DMR E design build; however, I assisted in selecting our design build partners for both design and construction. I also worked to develop contracts for our structures design firm. The salient structures features for this project included 9 new bridges, 3 bridge replacements, 2 bridge widenings, and 85,000sf of retaining walls. Rcreac;vCCS: • terry Volz / VP of Bridges / Ames Construction Co. / 952.435.7106 • John Fenton / Senior Manager / Etilwarttl Kraemer & Sons, Co. / 303,688.7500 • Eric 13aumgarden / CST, Former Regional Manager / Elilwartil Kraemer & Sons, Co. / 303.688.7500 10 9 P 7- U.S. DEPT. OF LABOR, DAVIS BACON M IVMUM WAGES, COLORADO DATE 0 1 -06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22,23) and 24 HIGHWAY CONSTRUCTION General Decision No. C0100016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Nlod POWER EQUIPNIENT OPERATOR (con't): Grader/Blade 1094 Adams 23.94 8.23 1095 Arapahoe 22.67 8.72 1096 Broomfield, Clear Creek, Elbert, Gilpin, Park 23.90 7.93 1097 Jefferson 23.28 7.73 1098 Guardrail/Post Driver 16.07 4.41 Loader (Front End) 1099 Adams 23.09 8.72 1100 Arapahoe 26.80 4.84 1101 Broomfield, Clear Creek, Elbert, Gilpin 23.20 8.33 1102 Jefferson 23.06 7.76 1103 Park 22.67 8.72 Mechanic 1104 Adams 22.82 8.72 1105 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 24.04 7.35 1106 Jefferson 23.56 8.72 Oiler 1107 Adams, Jefferson 21.97 8.72 1108 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 23.73 8.41 Roller/Compactor (Dirt and Grade Compaction) 1109 Adams 16.70 330 1110 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson 2030 5.51 1111 Park 1652 3.13 H 12 Rotomill 16.22 4.41 -8- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NURNBER C0100016, 17, 18, l9, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0100616 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPNIENT OPERATOR (con't): Screed 1113 Adams 27.89 3.50 1114 Arapahoe 22.67 8.72 1115 Broomfield, Clear Creek, Elbert, Gilpin 24.67 6.02 1116 Jefferson 22.64 8.43 1117 Park 20.36 3.04 HIS Tractor I3.13 2.95 TRUCK DRIVER: Distributor 1119 Adams 15.80 5.27 1120 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 19.62 5.27 1121 Jefferson 19.46 6.04 Dump Truck 1122 Adams 16.68 5.27 1123 Arapahoe 18.94 5.27 1124 Broomfield, Clear Creek, Elbert, Gilpin 16.47 5.27 1125 Jefferson 16.97 4.78 1126 Park 15.40 3.21 Lowboy Truck 1127 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 17.25 5.27 1128 Jefferson 19.80 6.42 1129 Mechanic 26.48 3.50 Nlulti-Purpose Speciality and Hoisting Truck 1130 Adams, Broomfield, Clear Creek, Elbert, Gilpin, Park 17.49 3.17 1131 Arapahoe 15.79 2.48 1132 Jefferson 15.13 3.89 • 0 0 • • 0 -9- U.S. DEPT. OF LABOR, DAVIS BACON M iN]vfUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0100016 The wage and fringe benefits listed below do not reflect collectivel bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER (con't.): Semi/Trailer Truck (Includes Pickup and Pilot Car) 1 li3 Adams, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 18.39 4.13 1134 Arapahoe 16.00 2.60 Single A -le (Includes Pickup and Pilot Car) 1135 Adams, Jefferson 13.93 3.68 1136 Arapahoe 15.10 3.77 1137 Broomfield, Clear Creek, Elbert, Gilpin, Park 14.74 3.68 1138 Truck Mounted Attenuator 12.43 3.22 Water Truck 1139 Adams 17.50 5.19 1140 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 19.36 4.07 1141 Jefferson 17.57 5.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). 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. END OF GENERAL DECISION NO. C0100016 -10- U.S. DEPT. OF LABOR, DAVIS BACON MPTEMUrvi WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION Decision Nos. C0100016, 1.7, 18, 19, 20, 21, 22, 23 and 24 dated January 06, 2012 supersedes Decision Nos. C0100018, 19, 20, 21, 22, 23, 24, 25 and 26 dated September 30, 2011. Modifications ID MOD Number Date Page iNumber(s) 1 11-18-11 14 '- 01-06-12 t, 10, 14, 19, 25, 29, 34, 42 and 50 1 2 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. C0100017 applies to the following counties: Boulder county. General Decision No. C0100017 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basics Hoeurly Ratod Fringe Benefits Last POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1142 Smaller than Watson 2500 and similar 23.67 9.22 1143 Watson 2500 similar or larger 23.97 9.22 Crane 1144 50tons and under 23.82 9.22 1145 51 - 90 tons 23.97 9.22 1146 91 - 140 tons 24.12 9.22 Scraper 1147 Single bowl under 40 cubic yards 23.82 9.22 1148 40 cubic yards and over 23.97 9.22 CARPENTER: 1149 Excludes Form Work 16.61 3.88 1150 Form Work Only 17.06 3.90 1151 CEMENT MASON/CONCRETE FINISHER 17.39 3.00 1152 ELECTRICIAN33.39 7.64 1153 FENCE ERECTOR 15.96 3.46 1154 GUARDRAIL INSTALLER 16.21 3.63 1155 HIGHWAY/PARKING LOT STRIPING: 1156 Painter 12.62 3.21 • i 0 0 0 U.S. DEPT. OF LABOR, DAVIS BACON M i i WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100017 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basics Hourly RateMod Fringe Benefits Last IRONWORKER: 1157 Reinforcing (Excludes Guardrail Installation) 16.69 5.45 1158 Structural (Excludes Guardrail Installation) 18.22 6.01 LABORER: 1159 Asphalt Raker 16.29 4.25 1160 Asphalt Shoveler 2 L21 4.25 1161 Asphalt Spreader 18.58 4.65 1162 Common or General 16.29 4.25 1163 Concrete Saw (Hand Held) 16.29 6.14 1164 Landscape and Irrigation 12.26 3.16 1165 Mason Tender - Cement/Concrete 16.29 4.25 1166 Pipelayer 16.74 1.89 1167 Traffic Control (Flagger) 9.55 3.05 1168 Traffic Control (Sets UpMoves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 12.43 3.22 1169 PAINTER (Spray Only) 16.99 2.87 POWER EQUIPMENT OPERATOR: 1170 Asphalt Laydown 22.67 8.25 1171 Asphalt Paver 24.19 6.58 1172 Asphalt Roller 23.01 9.22 1173 Asphalt Spreader 22.67 8.72 1174 Backhoe/Trackhoe 21.70 5.51 1175 Bobcat/Skid Loader 1537 4.28 1176 Boom 22.67 8.72 1177 Broom/Sweeper 22.83 8.72 1178 Bulldozer 26.90 5.59 1179 Drill 21.42 2.88 12- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. COI00017 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): 1180 Forklift 15.91 4.27 1181 Grader/Blade 22.67 8.72 1182 Guardrail/Post Driver 16.54 4.10 1183 Loader (Front End) 22.67 8.72 1184 Mechanic l 185 Oiler 22.77 9.22 1186 Roller/Compactor (Dirt and Grade Compaction) 2232 8.72 1187 Rotomill 16.22 4.41 1188 Screed 22.67 8.72 1189 Tractor 13.13 2.95 TRAFFIC SIGNALIZATION: 1190 Groundsman 18.52 3.59 TRUCK DRIVER: I t91 Distributor 21.69 5.27 1 192 Dump Truck 16.41 5.27 l 193 Lowboy Truck 17.25 5.27 l 194 Multi -Purpose Specialty & Hoisting Truck 16.41 4.97 l l95 Pickup and Pilot Car 13.93 3.68 1196 Semi/Trailer Truck 1839 4.13 1197 Truck Mounted Attenuator 12.43 3.22 l l98 Water Truck 20.64 5.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). r �J 11 -13- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM( WAGES, COLORADO DATE 0 1 -06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22,23) and 24 HIGHWAY CONSTRUCTION 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. END OF GENERAL DECISION NO. C0100017 • 0 14- U.S. DEPT. OF LABOR, DAVIS BACON MININIUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION Decision Nos. C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 dated January 06, 2012 supersedes Decision Nos. C0100018, 19, 20, 21, 22, 23, 24, 25 and 26 dated September 30, 2011. Modifications ID MOD Number Date Paee Number(s) 1 11-18-11 14 '- 01-06-12 1, 10, 14, 19, 25, 29, 34, 42 and 50 1 2 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. CO100018 applies to the following counties: El Paso, Pueblo, and Teller counties. General Decision No. C0100018 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod ELECTRICIAN: 1199 El Paso, Teller 28.55 14.46 1200 Pueblo 26.75 11.90 1 POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1201 Smaller than Watson 2500 and similar 23.67 9.22 1202 Watson 2500 similar or larger 23.97 9.22 Crane 1203 50 tons and under 23.82 9.22 1204 51 - 90 tons 23.97 9.22 1205 91 - I40 tons 24.12 9.22 General Decision No. CO100018 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER: 1206 Excludes Form Work 24.15 6.25 Form Work Only 1207 El Paso, Teller 19.06 5.84 1208 Pueblo 19.00 5.88 CEMENT MASON/CONCRETE FINISHER: 1209 El Paso, Teller 17.36 3.00 1210 Pueblo 17.74 3.00 1211 FENCE ERECTOR 13.02 320 1212 GUARDRAIL INSTALLER 12.89 3.20 0 is 0 • • -15- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUTNBER C0100016, 17, 18, 19, 20, 21, 22,23) and 24 HIGHWAY CONSTRUCTION General Decision No. CO100018 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basics Hourly RateMod Fringe Benefits Last HIGHWAY/PARKING LOT STRIPING: 1213 Painter 12.62 3.21 IRONWORKER: Reinforcing (Excludes Guardrail Installation) 1214 El Paso, Teller 20.49 1.65 1215 Pueblo 16.69 5.45 1216 Structural (Excludes Guardrail Installation) 18.22 6.01 LABORER: 1217 Asphalt Raker 17.54 3.16 1218 Asphalt Shoveler 21.21 4.25 1219 Asphalt Spreader 18.58 4.65 Common or General 1220 El Paso 17.05 3.69 1221 Pueblo 16.29 4.25 1222 Teller 16.88 3.61 1223 Concrete Saw (Hand Held) 16.29 6.14 1224 Landscape and Irrigation 12.26 3.16 1225 Mason Tender - Cement/Concrete 16.29 4.25 1226 Pipelayer 18.72 3.24 1227 Traffic Control (Fla.gger) 9.55 3.05 1228 Traffic Control (Sets UpMoves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 12.43 3.22 1229 1 PAINTER (Spray Only) 16.99 2.87 -16- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 0 1 -06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100018 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Frinue Benefits Last Nlod POWER EQUIPMENT OPERATOR: 1230 Asphalt Laydown 22.67 8.72 1231 Asphalt Paver 21.50 3.50 Asphalt Roller 1232 El Paso, Teller 24.42 6.96 1233 Pueblo 23.67 9.22 1234 Asphalt Spreader 22.67 8.72 Backhoe/Trackhoe 1235 El Paso 23.31 5.61 1236 Pueblo 21.82 8.22 1237 Teller 23.32 5.50 1238 Bobcat/Skid Loader 15.37 4.28 1239 Boom 22.67 8.72 Broom/Sweeper 1240 El Paso, Teller 23.43 8.04 1241 Pueblo 23.47 9.22 Bulldozer 1242 El Paso 26.56 7.40 1243 Pueblo, Teller 26.11 622 1244 Drill 17.59 3.45 1245 Forklift 15.91 4.68 Grader/Blade 1246 El Paso 22.83 8.72 1247 Pueblo 23.25 6.98 1248 Teller 23.22 8.72 1249 Guardrail/Post Driver 16.07 4.41 I.J • r� u SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM 2/ ` l H f%ORG!'� ANener /n' S 7'f c['iil l'9 �l A�Q-a5te�, caN �t d snrcOtµL 0 SUBCONTRACTOR laoOe% MOK.uiMH Rnrtir%ARcrxu I 0 Section 00430 Page 1 0 -17- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 0 1 -06-12 GENERAL DECISION i i ER C0100016, 17, 18, 19, 20, 21, 22,23) and 24 HIGFIWAY CONSTRUCTION General Decision No. CO100018 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Frinue Benefits Last Mod POWER EQUIPMENT OPERATOR (colt.): Loader (Front End) 1250 El Paso 23.61 7.79 1251 Pueblo 21.67 8.22 1252 Teller 23.50 7.64 Mechanic 1253 El Paso 22.35 6.36 1254 Pueblo 24.02 8.43 1255 Teller 22.16 6.17 Oiler 1256 EI Paso 23.29 7.48 1257 Pueblo 23.13 7.01 1258 Teller 22.68 7.11 Roller/Compactor (Dirt and Grade Compaction) 1259 El Paso 16.70 3.30 1260 Pueblo, Teller 18.43 4.62 1261 Rotomill 16.22 4.41 1262 Scraper 24.28 4.83 Screed 1263 El Paso, Teller 25.22 5.74 1264 Pueblo 23.67 9.22 1265 Tractor 13.13 2.95 -18- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLOR -ADO DATE 0 1 -06-12 GENERAL DECISION NUvtBER C0100016, l7, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100018 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER: Distributor 1266 El Paso, Teller 17.98 3.97 1267 Pueblo 18.35 3.85 Dump Truck 1268 El Paso, Teller 16.85 4.83 1269 Pueblo 16.87 4.79 1270 Lowboy Truck 17.25 5.27 1271 Mechanic 26.69 3.50 1272 Multi -Purpose Specialty & Hoisting Truck 17.27 3.71 1273 Pickup and Pilot Car 13.93 3.68 1274 Semi/Trailer Truck 16.00 2.60 1275 Truck Mounted Attenuator 12.43 3.22 Water Truck 1276 El Paso 17.24 4.15 1277 Pueblo 20.93 4.98 1278 Teller 17.31 4.07 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. END OF GENER kL DECISION NO. C0100018 0 L 0 -19- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION Decision Nos. C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 dated Modifications ID January 06, 2012 supersedes Decision Nos. C0100018, 19, 20, 21, MOD Number Date Paee iNumber(s) 22, 23, 24, 25 and 26 dated September 30, 2011. 1 11-18-11 14 2 01-06-12 1, 10, 14, 19, 25, 1 2 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more 29, 34, 42 and 50 job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. C0100019 applies to the following counties: Denver and Douglas counties. General Decision No. C0100019 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod 1279 CARPENTER (Form Work Only) 24.00 11.28 TRAFFIC SIGNALIZATION: Traffic Signal Installation 1280 Zone 1 26.42 4.75%+8.68 1281 Zone 2 29.42 4.75%+ 8.68 Traffic Installer Zone Definitions Zone 1 — Within a 35 mile radius measured from the addresses of the following cities: Colorado Springs - Nevada & Bijou Denver - Ellsworth Avenue & Broadway Ft. Collins - Prospect & College Grand Junction - 12th & North Avenue Pueblo - 1-25 & Highway 50 Zone 2 - All work outside these areas. POWER EQUIPMENT OPERATOR: Hydraulic Backhoe 1282 Wheel Mounted, under % yds. 23.67 9.22 1283 Backhoe/Loader combination 23.67 9.22 Drill Rig Caisson 1284 Smaller than Watson 2500 and similar 23.67 9.22 1285 Watson 2500 similar or larger 23.97 9.22 Loader 1286 Up to and including 6 cubic yards 23.67 9.22 1287 Denver County - Under 6 cubic yards 23.67 9.22 1288 Denver County - Over 6 cubic yards 23.82 9.22 -20- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 0 1 -06-12 GENERAL DECISION NUtiIBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0100019 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Rate Basic Hourly Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Motor Grader 1289 Douglas county - Blade Rough 23.67 9.22 1290 Douglas county - Blade Finish 23.97 9.22 Crane 1291 50 tons and under 23.82 9.22 1292 51 to 90 tons 23.97 9.22 1293 91 to 140 tons 24.12 9.22 Scraper 1294 Single bowl under 40 cubic yards 23.82 9.22 1295 40 cubic yards and over 23.97 9.22 General Decision No. C0100019 The wage and fringe benefits listed below do not reflect collectively bargained rates. 1296 CARPENTER (Excludes Form Work) 19.27 5.08 CEMENT MASON/CONCRETE FINISHER: 1297 Denver 20.18 5.75 1298 Douglas 18.75 3.00 1299 ELECTRICIAN (Excludes Traffic Signal Installation) 35.13 6.83 1300 FENCE ERECTOR (Excludes Link/Cyclone Fence Erection) 13.02 3.20 1301 GUARDRAIL INSTALLER 12.89 3.20 HIGHWAY/PARKING LOT STRIPING: Painter 1302 Denver 12.62 3.21 1303 Douglas 13.89 3.21 IRONWORKERS: 1304 Reinforcing (Excludes Guardrail Installation) 16.69 5.45 1305 Structural (Includes Link/Cyclone Fence Erection), Excludes Guardrail Installation) 18.22 6.01 0 P 0 0 -21- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 0 1 -06-12 GENERAL DECISION NUMBER C0100016, 17, 18, l9, 20, 21, 22,23) and 24 HIGHWAY CONSTRUCTION General Decision No. C0100019 The wage and fringe benefits listed below do not reflect collectivel bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod LABORERS: 1306 Asphalt Raker 16.29 4.25 1307 Asphalt Shoveler 21.21 4.25 1308 Asphalt Spreader 18.58 4.65 Common or General 1309 Denver 16.76 6.77 1310 Douglas 16.29 4.25 1311 Concrete Saw (Hand Held) 16.29 6.14 1312 Landscape and Irrigation 12.26 3.16 Mason Tender - Cement/Concrete 1313 Denver 16.96 4.04 1314 Douglas 16.29 4.25 Pipelayer 1315 Denver 13.55 2.41 1316 Douglas 16.30 2.18 Traffic Control 1317 Flagger 9.55 3.05 1318 Sets Up/Moves Barrels, Cones, Install Signs, Arrow Boards and Place Stationary Flags, (Excludes Fla gers) 12.43 3.22 PAINTER: 1319 Spray Only 16.99 2.87 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1320 Denver 22.67 8.72 1321 Douglas 23.67 8.47 Asphalt Paver 1322 Denver 24.97 6.13 1323 Douglas 25.44 3.50 U.S. DEPT. OF LABOR, DAVIS BACON M1NII�IUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0100019 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Asphalt Roller 1324 Denver 23.13 7.55 1325 Douglas 23.63 6.43 1326 Asphalt Spreader 22.67 8.72 Backhoe/Trackhoe t327 Douglas 23.82 6.00 1328 Bobcat/Skid Loader 1537 4.28 1329 Boom 22.67 8.72 Broom/Sweeper 1330 Denver 22.47 8.72 1331 Douglas 22.96 8.22 li32 Bulldozer 26.90 5.59 1333 Concrete Pump 21.60 5.21 Drill 1334 Denver 20.48 4.71 1335 Douglas 20.71 2.66 1336 Forklift 15.91 4.68 Grader/Blade 1337 Denver 22.67 8.72 1338 Guardrail/Post Driver 16.07 4.41 Loader (Front End) 1339 Douglas 21.67 8.22 Mechanic 1340 Denver 22.89 8.72 L341 Douglas 23.88 8.22 • 0 11 • U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100019 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Rate Basic Hourly Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Oiler 1342 Denver 23.73 8.41 1343 Douglas 24.90 7.67 Roller/Compactor (Dirt and Grade Compaction) 1344 Denver 20.30 5.51 1345 Douglas 22.78 4.86 1346 Rotomill 16.22 4.41 Screed 1347 Denver 22.67 8.38 1348 Douglas 29.99 1.40 1 J49 Tractor 13.13 2.95 TRAFFIC SIGNALIZATION: Groundsman 1350 Denver 17.90 JAI 1351 Douglas 18.67 7.17 TRUCK DRIVER: Distributor 1352 Denver 17.81 5.82 1353 Douglas 16.98 5.27 Dump Truck 1354 Denver 15.27 5.27 1355 Douglas 1639 5.27 1356 Lowboy Truck 17.25 5.27 I357 Mechanic 26.48 3.50 Multi -Purpose Specialty & Hoisting Truck 1353 Denver t7.49 3.17 1359 Douglas 20.05 2.88 -24- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100019 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER (con't.): Pickup and Pilot Car 1360 Denver County 14.24 3.77 1361 Douglas County 16.43 3.68 1362 Semi/Trailer Truck 18.39 4.13 1363 Truck Mounted Attenuator 12.43 3.22 Water Truck 1364 Denver County 26.27 5.27 L1365 Douglas County 19.46 2.58 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. END OF GENERAL DECISION NO. C0100019 0 0 • 0 -25- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION Decision Nos. C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 dated January 06, 2012 supersedes Decision Nos. C0100018, 19, 20, 21, 22, 23, 24, 25 and 26 dated September A 2011. Modifications ID NIOD Number Date Page Number(s) t t t-18-n 14 2 01-06-12 1, to, 14, 19, 25, 29, 34, 42 and 50 t 2 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. C0100020 applies to the following counties: Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Las Animas, Otero, and Prowers counties. General Decision No. C0100020 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod IJ66 CARPENTER (Form Work Only) 24.00 11.28 POWER EQUIPMENT OPERATOR: Power Broom/Sweeper 1367 Under 70 hp 22.97 9.22 1368 70 hp and over 23.67 9.22 Drill Rig Caisson 1369 Smaller than Watson 2500 and similar 23.67 9.22 1370 Watson 2500 similar or larger 23.97 9.22 Crane 1371 50 tons and under 23.82 9.22 1372 51 - 90 tons 23.97 9.22 1373 91 - 140 tons 24.12 9.22 General Decision No. C0100020 The wage and fringe benefits listed below do not reflect collectively bargained rates. 1374 CARPENTER (Excludes Form Work) 18.96 118 CEMENT MASON/CONCRETE FINISHER: 1375 Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Otero, Prowers 17.70 2.53 1376 Las Animas 17.24 2.85 1377 ELECTRICIAN 28.06 8.76 HIGHWAY/PARKING LOT STRIPING: 1378 Truck Driver (Line Striping Truck) 14.60 3.49 L1379 Painter 13.92 3.07 -26- U.S. DEPT. OF LABOR, DAVIS BACON MINIMLFM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22,23) and 24 HIGHWAY CONSTRUCTION General Decision No. CO100020 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate g Fringe Benefits Last Mod IRONWORKER: 1380 Reinforcing 16.94 6.77 1381 Structural 16.76 6.01 LABORER: Common or General 1382 Baca, Bent, Costilla, Crowley, Fuerfano, Kiowa, Otero, Prowers 14.48 3.53 1383 Las Animas 14.52 3.53 1384 Concrete Saw (Hand Held) 16.00 6.14 1385 Landscape and Irrigation 15.37 3.16 1386 Mason Tender - Cement/Concrete 12.44 3.10 1387 Traffic Control (Flagger) 9.42 3.21 1388 Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 12.39 3.20 1389 PAINTER (Spray Only) 17.54 3.52 POWER EQUIPMENT OPERATOR: 1390 Asphalt Laydown 24.17 6.73 1391 Asphalt Paver 22.67 8.72 1392 Asphalt Plant 21.13 2.16 1393 Asphalt Roller 23.14 7.51 1394 Asphalt Spreader 23.19 7.66 Backhoe/Trackhoe 1395 Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Otero, Prowers 23.19 4.18 1396 Las Animas 24.70 3.40 0 0 COLORADO DEPARTMENT OF TRANSPORTATION CONTRACTORS PERFORMANCE CAPABILITY STATEMENT Prolectit 1. List names of partnerships or joint ventures none 2. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalification statement submitted to CDOT. (Attach additional sheets if necessary.) a. Key personnel changes [¢-done b. Key equipment changes ET none c. Fiscal capability changes (legal actions, etc.) none d. Other changes that may effect the contractors ability to perform work. (�--�One I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCU ENT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE Contractor's firm or company name S T2LtG�p,.s/ /AtL '� By 7Da Title Pr 2nd Contractor's firm or company name (it joint venture) By Date Title COOT Form a6p5 1192 • 0 -27- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 0 1 -06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0100020 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits ' Last Mod POWER EQUIPMENT OPERATOR (con't): 1397 Bobcat/Skid Loader 18.43 3.12 1398 Bulldozer 26.65 4.46 1399 Chipper 22.04 8.26 1400 Drill 20.49 2.66 1401 Forklift 18.30 5.01 Grader/Blade 1402 Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Otero, Prowers 18.40 4.20 1403 Las Animas 18.88 3.14 1404 Guardrail/Post Driver 16.07 4.41 Loader (Front End) 1405 Baca, Bent, Castilla, Crowley, Huerfano, Kiowa, Otero, Prowers 23.58 6.66 1406 Las Animas 23.56 5.93 1407 Mechanic 18.91 4.20 1408 Oiler 22.54 9.22 1409 Roller/Compactor (Dirt and Grade Compaction) 17.78 2.83 1410 Scraper 19.93 5.38 1411 Screed 16.21 3.76 1412 Tractor 16.83 2.95 TRUCK DRIVER: 1413 Distributor 17.98 5.27 1414 Dump Truck 17.61 2.69 Lowboy Truck 1415 Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Otero, Prowers 19.95 3.36 1416 Las Animas 19.77 3.25 -28- U.S. DEPT. OF LABOR, DAVIS BACON MINLMUM WAGES, COLORADO DATE 0 1 -06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0100020 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Code Code Code Code TRUCK DRIVER, (con't): 1417 Mechanic 17.79 3.51 1418 Multi -Purpose Specialty & Hoisting Truck 18.89 3.49 1419 Pickup and Pilot Car 14.04 3.49 1420 Semi Truck 17.58 4.67 1421 Water Truck 14.88 2.07 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)). 0 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. • END OF GENERAL DECISION NO. CO100020 • r1 U -29- U.S. DEPT. OF LABOR, DAVIS BACON MNIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION Decision Nos. C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 dated January 06, 2012 supersedes Decision Nos. C0100018, 19, 20, 21, 22, 23, 24, 25 and 26 dated September 30, 2011. Modifications ID m1OD Number Dace Pace Number(s) 1 I1-18-11 14 2 01-06-12 1, 10, 14,19, 25, 29, 34, 42 and 50 1 2 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. C0100021 applies to the following counties: Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, and Yuma counties. General Decision No. C0100021 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR: Power Broom/Sweeper 1422 Under 70 hp 22.97 9.22 1423 70 hp and over 23.67 9.22 1424 Boom - Drill Rig Caisson 1425 Smaller than Watson 2500 and similar 23.67 9.22 1426 Watson 2500 similar or larger 23.97 9.22 Asphalt Screed 1427 Kit Carson 23.67 9.22 Crane 1428 50 tons and under 23.82 9.22 1429 51 - 90 tons 23.97 9.22 1430 91 - 140 tons 24.12 9.22 LABORER: Common or General 1431 Kit Carson 16.05 6.89 TRUCK DRIVER: Dump Truck 1432 Kit Carson -30- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 0 1 -06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100021 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod CARPENTER: 1433 Excludes Form Work 18.96 3.18 Form Work Only 1434 Cheyenne, Kit Carson, Logan, Morgan, Phillips, Sedgwick, Washington, Yuma 20.28 4.50 1435 Lincoln 20.98 3.89 CENIENT MASON/CONCRETE FINISHER: 1436 Cheyenne, Logan, Morgan, Phillips, Sedgwick, Washington, Yuma 19.22 2.74 1437 Kit Carson 17.98 2.53 1438 Lincoln 21.00 1.40 1439 ELECTRICIAN 28.06 8.76 HIGHWAY/PARKING LOT STRIPING: 1440 Truck Driver (Line Striping Truck) 14.60 3.49 1441 Painter 12.90 3.07 1442 IRONWORKER: 1443 Reinforcing 21.12 3.89 1444 Structural 16.76 6.01 LABORER: Asphalt Raker 1445 Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Washington, Yuma 17.02 5.79 1446 Sedgwick 15.79 4.87 1447 Asphalt Spreader 22.67 8.72 Common or General 1448 Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, Yuma 12.44 3.53 1449 Concrete Saw (Hand Held) 16.00 6.14 and Irrigation 12.81 3.16 ELandscape Ntason Tender - Cement/Concrete 14.71 3.29 0 0 E 0 3l- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUVBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100021 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly RateMod Fringe Benefits Last LABORER (con't): Traffic Control 1452 Flagger 9.42 3.21 1453 Sets UpNfoves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags, Excludes Flaggers) 12.39 3.20 1454 PAINTER (Spray Only) 17.54 3.52 POWER EQUIPMENT OPERATOR: 1455 Asphalt Laydown 24.56 6.68 1456 Asphalt Paver 22.67 8.72 1457 Asphalt Plant 21.I3 2.16 Asphalt Roller 1458 Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Washington, Yuma �3 79 7 59 1459 Sedgwick 23.92 9?2 1460 Asphalt Spreader 23.19 7.66 Backhoe/Trackhoe 1461 Cheyenne, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, Yuma ?5.88 4.18 1462 Kit Carson 28.64 1.40 1463 Bobcat/Skid Loader 20.79 5.36 1464 Bulldozer 29.99 2.90 1465 Chipper 22.04 8.26 1466 Drill 20.49 2.66 1467 Forklift 1830 2.01 1468 GraderBlade 19.02 4.20 1469 Guardrail/Post Driver 16.07 4.41 Loader (Front End) L147 Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Washington, Yuma 27 22 5.85 Sedgwick 27.48 4.87 U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22,23) and 24 HIGHWAY CONSTRUCTION General Decision No. C0100021 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Mechanic 147� Cheyenne, Lincoln, Logan, Morgan, Phillips, Washington, Yuma 20.52 5.49 1473 Kit Carson 16.74 4.20 1474 Sedgwick 21.09 4.87 1475 Oiler 22.54 9.22 1476 Roller/Compactor (Dirt and Grade Compaction) 16.52 4.87 1477 Scraper 19.93 538 Screed 1478 Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, Yuma 21.30 6.40 1479 Tractor 16.83 2.95 TRUCK DRIVER: 1480 Distributor 17.98 5.27 Dump Truck 1431 Cheyenne, Kit Carson, Logan, Morgan, Phillips, Washington, Yuma 18.52 5.96 1482 Lincoln 14.15 3.33 1483 Sedgwick 18.92 6.19 1484 Lowboy Truck 18.29 4.87 1485 Mechanic 17.79 3.51 1486 Multi -Purpose Specialty & Hoisting Truck 18.79 3.49 1487 Pickup and Pilot Car 14.04 3.49 Semi Truck 1488 Cheyenne, Kit Carson, Lincoln, Morgan 17.58 4.67 1489 Logan, Phillips, Sedgwick, Washington, Yuma t5.80 4.67 1490 Water Truck 14.88 2.07 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental • • 33- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION r i ER COI 00016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION 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. END OF GENERAL DECISION NO. C0100021 L1 E -34- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, l7, l8, 19, 20, 21. 22, 23 and 24 HIGHWAY CONSTRUCTION Decision Nos. C0100016, 17, 1.8, 19, 20, 21, 22, 23 and 24 dated Modifications ID January 06, 2012 supersedes Decision Nos. CO100018, 19, 20, 2l, N40D ;Number Du1e Page Number(s) 22, 23, 24, 25 and 26 dated September 30, 2011. 1 11-18-11 14 2 01-06-12 1, 10, 14, 19, 25, 1 2 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more 29, 34, 42 and 50 job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. C0100022 applies to the following counties: Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, La Plata, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, and San Miguel counties. General Decision No. C0100022 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod 1491 CARPENTER (Excludes Form Work) 24.00 11.28 POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1492 Smaller than Watson 2500 and similar 23.67 9.22 1493 Watson 2500 similar or larger 23.97 9.22 Mechanic 1494 La Plata County 23.82 9.22 General Decision No. C0100022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basics Hourly Fringe Benefits Last RateCARPENTER: Form Work Only Alamosa, Archuleta, Chaffee, Conejos, Custer, 1495 Delta, Dolores, Fremont, Gunnison Hinsdale, Mineral, 18.57 538 Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 1496 La Plata 18.60 5.38 CEMENT MASON/CONCRETE FINISHER: Alamosa, Archuleta, Conejos, Custer, Delta, 1497 Dolores, Fremont, Gunnison, Hinsdale, Mineral, 17.67 2.85 Montezuma, Ouray, Rio Grande, Saguache, San Juan, San Miguel 1498 Chaffee 15.55 2.85 1499 La Plata 18.99 2.85 1500 Montrose 16.95 2.85 i • • 0 -3j- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE O1-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Frinae Benetits Last Mod 1501 ELECTRICIAN 28.06 8.76 1502 GUARDRAIL INSTALLER 12.78 331 HIGHWAYIPARKING LOT STRIPING: 1503 Truck Driver (Line Striping Truck) 14.60 3.49 1504 Painter 12.90 3.07 IRONWORKER: 1505 Reinforcing (Excludes Guardrail Installation) 16.94 6.77 1506 Structural (Excludes Guardrail Installation) 16.76 6.01 LABORER: Asphalt Raker 1507 Alamosa 17.53 3.75 1508 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 16.43 3.42 1509 La Plata 15.38 3.12 Common or General 1510 Alamosa, Chaffee, Montezuma, Montrose 12.44 3.53 1511 Archuleta, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Ouray, Rio Grande, Saguache, San Miguel 13.70 3.53 1512 Fremont 15.19 3.00 1513 La Plata 14.07 3.53 1514 Mineral 14.84 3.53 1515 San Juan 13.73 3.53 1516 Concrete Saw (Hand Held) 16.00 6.14 Landscape and Irrigation 1517 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 14.02 3.16 15181 La Plata 13.54 3.16 36- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22,23) and 24 HIGHWAY CONSTRUCTION General Decision No. CO100022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod LABORER (con't): Mason Tender - Cement/Concrete 1> 19 Alamosa, Archuleta, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 14.59 3.10 1520 Chaffee 12.44 3.10 1521 La Plata 15.67 3.10 Traffic Control 1522 Flagger 9.42 3.21 1523 Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags, (Excludes Flaggers) 12.39 3.20 1524 PAINTER (Spray Only) 17.54 3.52 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1525 Alamosa, La Plata 22.67 8.72 1526 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 23.13 8.64 1527 Asphalt Paver 22.67 8.72 1528 Asphalt Plant 17.23 4.07 Asphalt Roller 1529 Alamosa 21.67 8.22 1530 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 22.77 8.36 1531 La Plata 22.68 7.30 1532 Montezuma 22.67 8.72 1533 Asphalt Spreader 22.67 8.72 0 0 E COLORADO DEPARTMENT OF TRANSPORTATION :aoi rr;: ANTI -COLLUSION AFFIDAVIT :Mr:-rrf �l �OLt,l�c5, Co I hereby attest that i am the person responsible within my firm for the final decision as to the prices) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf .and on behalf o1 my film. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with fire effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A Neither the piice(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening, 08 Neilher the prices nor the amount of the bill of any other firm or person who is a bidder of potential prime bidder on this project have been disclosed to me of my find. 3A. No attempt has been made to solicit, cause or induce any film or person who is a bidder of potential prime bidder to refrain from bidding on this project, of to sublet a bid higher than the bid of this firm. or any intentionally high or non- competitive bid or other form of complementary bid. 38. No aureement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high. noncompetitive or other form of complementary bid on this project. S The bid of my film is made in good faith and not pursuant to any consultation, communication. agreement or discussion with. of inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered. promised or paid cash or anything of value to any film or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so en this project. 6. My firm has not accepted or been promised any subcontract of agreement regarding the sale of materials or services to any firm of person, and has not been promised of paid cash of anything of value by any turn or person, whether in connection will) this or any other project, in consideration for my film's submitting any intentionally high, noncompetitive or other torn of complementary bid, or agreeing or promising to do so, on this project 7. 1 have mach a diligent inquiry of all members, officers, employees, and agents of my firm Willi responsibilities relating to the preparation. approval or submission N my 5im's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, dISCUSsion, agreement, Collusion, or other conduct inconsistent Willi any of the statements and representations made In tills aitidavil. 2. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from file Colorado Depa,tment of Transpoltation, of the true facts relating to submission of bids for this Contract. I DECLARE UNDER PENAI-T•i OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS. THAT THE STATEMENTS MADE ON T+-IIS DOCUMENT ARE TRUE AND COMPLETE 10 THE REST OF MY KNOWLEDGE. "LiOURncu :: Irmo: r: :.e:C:nv non.. NV l`Jra S T p-t. C7-t!`t�5, rHL fro. PFiS,%J�I�r'� o e 5 f �``�� ac e.. Sworn In !)..for.. m.. this � day of, j`Y1Lv ��� ' �� 1�pf •. : � w • tic rl.l-7li)C,j-3 ip NOTE: This docinnent must be signed in ink. p,''•• .... ��` f ",�: 111111111�' COOT Form ilea; UO2 • • • 37_ U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0100022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Frinae Benefits Last Rate Mod POWER EQUIPMENT OPERATOR (con't): Backhoe/Trackhoe 1534 Alamosa 21.03 3.75 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, 1535 Fremont, Gunnison, Hinsdale, Mineral, Montrose, 19.75 3.75 Ouray, Rio Grande, Saguache, San Juan, San Miguel 1536 La Plata 19.79 5.13 1537 Mineral 19.17 5.53 1538 Montezuma 16.42 4.42 Bobcat/Skid Loader Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, 1539 Dolores, Fremont, Gunnison, Hinsdale, Montezuma, 18.20 4.54 Montrose, Ouray, Rio Grande, Saguache, San Juan, San Mi,-uel 1540 La Plata 19.98 4.88 1541 Mineral 17.94 4.62 Broom/Sweeper 1542 Alamosa 20.67 9.22 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, 1543 Fremont, Gunnison, Hinsdale, La Plata, Mineral, 21.70 9.22 Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel Bulldozer Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, 1544 Dolores, Gunnison, Hinsdale, Mineral, Montezuma, 23.28 9.22 Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 1545 Fremont 23.67 9.22 1546 La Plata 23.57 8.72 1547 Chipper 22.04 8.26 Crane Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, 1548 Dolores, Fremont, Gunnison, Hinsdale, Mineral, 25.01 8.22 Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San iNtiguel L1549 La Plata 25.21 8.22 -38- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE O1-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22,23) and 24 HIGHWAY CONSTRUCTION General Decision No. CO100022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): 1550 Drill 20.84 2.66 1551 Forklift 18.30 5.01 1552 Grade Checker 23.91 7.89 Grader/Blade 1553 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 16.39 4.20 1554 Fremont 19.68 3.37 1555 La Plata 19.83 4.20 1556 Guardrail/Post Driver 16.07 4.41 Loader (Front End) 1557 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Mineral, Montrose, Ouray, Rio Grande, Saguache, San Juan 23.38 8.22 1558 Fremont 23.67 9.22 1559 La Plata 23.36 7.09 1560 Montezuma 22.82 8.72 1561 San Miguel 23.82 9.22 Mechanic 1562 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, La Plata, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 16.74 4.20 1563 Fremont 18.79 3.51 Oiler 1564 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, 22.97 7.88 1565 Fremont 22.97 8.56 1566 La Plata 24.08 5.49 1567 San Miguel 22.97 9.22 • 0 0 E C,J U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLOR -ADO DATE 0 1 -06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0100022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basics Hourly Fringe Benefits Re Last POWER EQUIPMENT OPERATOR (con't.): Roller/Compactor (Dirt and Grade Compaction) Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, 1568 Dolores, Gunnison, Hinsdale, Mineral, Montezuma, 19.24 4.96 Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 1569 Fremont 16.52 5.28 1570 La Plata 1833 2.98 1571 Rotomill 16.28 4.41 1572 Scraper 17.62 2.96 Screed 1573 Alamosa 2033 6.81 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, 1574 Fremont, Gunnison, Hinsdale, Mineral, Montezuma, 19.58 4.96 Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 1575 La Plata 17.86 2.75 1576 Tractor 15.08 2.95 TRAFFIC SIGNALIZATION: 1577 Groundsman 17.04 2.28 TRUCK DRIVER: Distributor 1578 Alamosa 18.40 4.51 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, 1579 Fremont, Gunnison, Hinsdale, La Plata, Mineral, 17.62 5.27 Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 1580 Montezuma 15.80 5.27 -40- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 0 1 -06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER (con't.): Dump Truck 1581 Alamosa 14.15 3.83 1582 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 1656 4.03 1583 Fremont 16.55 4.34 1584 La Plata 16.90 3.83 1585 Mineral 16.97 4.61 1586 Lowboy Truck 17.25 5.84 1587 Mechanic 17.79 3.51 1588 Multi -Purpose Specialty & Hoisting Truck 14.60 3.49 Pickup and Pilot Car 1589 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 14.04 3.49 1590 La Plata 15.47 3.49 Semi Truck 1591 Alamosa, Archuleta. Chaffee, Gunnison, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache. San Juan, San Miguel 19.42 5.41 1592 Conejos, Custer, Delta, Dolores, Fremont, Hinsdale, La Plata 17.25 5.41 Water Truck 1593 Alamosa 17.58 3.75 1594 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Mineral, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 16.75 3.04 1595 Fremont 16.15 114 1596 La Plata 17.67 3.43 1597 Montezuma 14.88 2.07 1] 0 -41- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, l8, 19, 20, 21, 22,23) and 24 HIGHWAY CONSTRUCTION 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. END OF GENERAL DECISION NO. C0100022 • -42- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION Decision Nos. C0100016,17, 18, l9, 20, 21, 22, 23 and 24 dated Modifications ID January 06, 2012 supersedes Decision Nos. COI 00018, 19, 20, 21, NIOD .Number Date Pase Number(s) 22, 23, 24, 25 and 26 dated September 30, 2011. 1 11-18-11 14 2 01-06-12 1, 10, 14, 19, 25, 1 2 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more 29, 34, 42 and 50 job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. C0100023 applies to the following counties: Eagle, Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt and Summit counties. General Decision No. C0100023 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod 1598 CARPENTER (Excludes Form Work) 24.00 11.28 TRAFFIC SIGNALIZATION: SUMMIT COUNTY Traffic Signal Installation 1599 Zone 1 26.42 4.75%+8.68 1600 Zone 2 29.42 4.75%+ 8.68 Traffic Installer Zone Definitions Zone I — Within a 35 mile radius measured from the addresses of the following cities: Colorado Springs - Nevada & Bijou Denver - Ellsworth Avenue & Broadway Ft. Collins - Prospect & College Grand Junction - 12th & North Avenue Pueblo - I-25 & Highway 50 Zone 2 - All work outside these areas. POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1601 Smaller than Watson 2500 and similar 23.67 9.22 1602 Watson 2500 similar or larger 23.97 9.22 IRONWORKER: Structural 1603 Garfield 23.80 18.07 • • 0 • 11 0 -43- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 0 1 -06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100023 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER (Form Work Only): 1604 Eagle, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 15.92 538 1605 Garfield 19.55 4.09 CEMENT MASON/CONCRETE FINISHER: 1606 Eagle 17.59 2.85 1607 Garfield 17.27 2.16 1608 Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt 18.23 2.85 1609 Summit 15.55 2.85 ELECTRICIAN: 1610 Excludes Traffic Signalization 28.06 8.76 Traffic Signalization Electrician 16l l Eagle, Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 28 24 8.52 Traffic Signalization Groundsman 1612 Eagle, Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt 15.93 4.01 1613 Summit 16.75 4.10 GUARDRAIL INSTALLER: 1614 Eagle 12.78 3.46 1615 Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 12.78 3.31 HIGIIWAY/PARKING LOT STRIPING: 1616 Truck Driver (Line Striping Truck) 14.60 3.49 Painter 1617 Eagle, 13.85 3.07 1618 Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 13.97 3.07 IRONWORKER: Excludes Guardrail Installation 1619 Reinforcing 16.94 6.77 1620 Structural 22.22 6.01 -44- U.S. DEPT. OF LABOR, DAVIS BACON MNIMUM WAGES, COLOR -ADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0100023 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basics Hourly Rate Fringe Benefits Last LABORER: Asphalt Raker 1621 Eagle 16.36 3.26 1622 Garfield 18.66 3.53 1623 Grand 17.90 3.02 1624 Jackson, Lake, Moffatt, Routt 17.75 3.75 1625 Pitkin 1750 3.75 1626 Rio Blanco 18.97 3.75 1627 Summit 16.77 3.26 Common or General 1628 Eagle, Garfield, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 12.44 3.53 1629 Grand 19.14 3.53 1630 Concrete Saw (Hand Held) 16.00 6.14 Landscape and Irrigation 1631 Eagle 14.84 3.16 1632 Garfield, Grand, Jackson, Lake, Moffatt, Rio Blanco, Routt 13.54 3.16 1633 Pitkin 14.16 3.16 1634 Summit 13.09 3.16 Mason Tender - Cement/Concrete 1635 Eagle, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 12.44 3.10 1636 Garfield 14.87 3.10 Traffic Control 1637 Flagger 9.42 3.21 Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags, (Excludes Flaggers) 1638 Eagle, Garfield, Grand, Lake, Moffat, Pitkin, Rio Blanco, Routt. Summit 12.39 3.20 1639 Jackson 12.93 3.22 • • 0 • 0 -45- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUNIBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0100023 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basics Hourly FRateringe Benetits Last PAINTER: (Spray Only) 1640 Eagle 17.49 3.52 1641 Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt 1754 3.52 1642 Summit 19.96 3.52 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1643 Eagle, Summit 22.67 8.72 1644 Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Routt 24.09 7.93 1645 Rio Blanco 23.67 9.22 1646 Asphalt Paver 22.67 8.72 1647 Asphalt Plant 19.27 4.47 Asphalt Roller 1648 Eagle 23.01 8.72 1649 Garfield, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 23 15 8.07 1650 Grand 22.67 8.72 1651 Asphalt Spreader 25.61 6.96 Backhoe/Trackhoe 1652 Eagle 22.56 7.02 1653 Garfield 19.40 4.42 1654 Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt 22.92 6.15 1655 Summit 24.30 5.75 Bobcat/Skid Loader 1656 Eagle 18.25 4.32 1657 Garfield 24.63 0.00 1658 Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt 21.04 5.18 1659 Summit 19.77 4.28 -46- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22,23) and 24 HIGHWAY CONSTRUCTION General Decision No. C0100023 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Frinue Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Broom/Sweeper 1660 Eagle 2335 7.78 1661 Garfield, Jackson, Lake, Moffat, Pitkin, Routt 21.92 7.66 1662 Grand 21.67 8.22 1663 Rio Blanco 21.66 0.00 1664 Summit 22.67 8.72 Bulldozer 26.78 7.05 F Chipper 22.04 8.26 Crane 23.82 9.22 Drill 20.84 2.66 1669 Forklift 1830 5.01 1670 Grade Checker 23.82 9.22 1671 Grader/Blade 23.05 6.45 1672 Guardrail/Post Driver 16.07 4.41 Loader (Front End) 1673 Eagle 2498 7.55 1674 Garfield 21.93 9.22 1675 Grand, Pitkin, 22.67 8.72 1676 Jackson, Lake, Moffatt, Routt 24.07 7.92 1677 Rio Blanco 23.67 9.22 1678 Summit 25.88 7.01 Mechanic 1679 Eagle, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 93 1680 Garfield 19.80 4.20 Oiler 1681 Eagle 23.82 7.62 1682 Garfield. Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 24.04 7.77 • 19 COLORADO DEPARTMENT OF TRANSPORTATION ASSIGNMENT OF ANTITRUST CLAIMS PROJECT NO. ACq 1U1s5-089 Contractor and Colorado Department of Transportation (COOT) recognize that in actual economic practice antitrust violations ultimately impact on COOT. Therefore, for good cause and as consideration for executing this contract and for receiving payments hereunder: Contractor hereby irrevocably assigns to COOT any and all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the particular project, goods or services purchased or acquired by CDOT pursuant to this contract. 2. Contractor hereby expressly agrees: a. That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's behalf an antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to COOT, and (2) COOT that such civil action is pending and of the date on which, in accordance with subparagraph a. (1) above, Contractor notified such third party that the antitrust claim had been assigned to COOT; b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to COOT hereunder; and c. Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on Contractor's behalf by any third party and which claim has been assigned to CDOT hereunder. 3. Further, Contractor agrees that in the event it hires one or more subcontractors to perform any of its duties under the contract, Contractor shall require that each such subcontractor: a. Irrevocably assign to CDOT (as a third party beneficiary) any and all claims that such subcontractor may have or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connec- tion with any goods or services provided by the subcontractor in carrying out the subcontractor's obliga- tions to Contractor; b. Upon becoming aware that a third party has commenced a civil action on the subcontractor's behalf asserting an antitrust claim which has been assigned to COOT hereunder, shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to COOT, and (2) Contractor and COOT that such civil action is pending and of the date on which, in accordance with subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had been assigned to COOT; c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and d. Promptly pay over to CDOT its proper share of any payment under an antitrust claim brought on the subcontractor's behalf by any third party and which claim has been assigned or dedicated to COOT pursuant hereto. I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of antitrust claims. Comfactor*s firm or company nama Sy Gate //- 3 �z %r— (,� / (/1(C Title / �C .J contracloi s Idm Of camnany name. (L' taint vWla"J I BY I Dale COOT Form 4621 12191 9 • -47- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLOR -ADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22,23) and 24 HIGHWAY CONSTRUCTION General Decision No. C0100023 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Roller/Compactor (Dirt and Grade Compaction) 1883 Eagle, Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Routt 2-2 72 5.98 1684 Rio Blanco 23.67 9.22 1685 Summit 2438 6.11 Rotomill 1686 Eagle 18.86 4.41 1687 Garfield, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt 20.70 4.41 1688 Grand 23.48 4.41 1689 Summit 16.28 4.41 1690 Scraper 20.60 7.99 Screed 1691 Eagle 17.04 3.98 1692 Garfield, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 23.76 5.05 1693 Grand 23.29 4.05 1694 Tractor 15.08 2.95 -48- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO100023 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER: Distributor 1695 Eagle, Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Routt, Summit 19.07 4.35 1696 Rio Blanco 15.80 5.27 Dump Truck 1697 Eagle 16.17 3.83 1698 Garfield 16.29 3.83 1699 Grand, Jackson, Lake, Moffat, Routt 17.79 4.02 1700 Pitkin 20.0) 4.15 1701 Rio Blanco 17.26 4.63 1702 Summit 15.27 5.27 Lowboy Truck 1703 Eagle 18.89 4.56 1704 Garfield. Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 18.43 4.56 1705 Mechanic 17.79 3.51 1706 Multi -Purpose Specialty & Hoisting Truck 14.60 3.49 1707 Pickup and Pilot Car 14.04 3.49 1708 Semi Truck 20.72 0.00 Water Truck 1709 Eagle 23.05 2.90 1710 Garfield 21.00 5.88 1711 Grand 21.19 3.01 1712 Jackson, Lake, Moffatt, Pitkin, Routt, Summit 20.39 3.43 1713 Rio Blanco 17.25 3.75 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)). 0 -49- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 • GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION 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. END OF GENERAL DECISION NO. CO100023 0 0 -50- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION Decision Nos. C0100016, 17,18, 19, 20, 21, 22, 23 and 24 dated January 06, 2012 supersedes Decision Nos. C0100018, 19, 20, 21, 22, 23, 24, 25 and 26 dated September 3Q 2011. Nloditications ID NIOD Number Date Paee Number(s) 1 11-18-11 14 2 01-06-12 1, 10, 14, 19, 25, 29, 34, 42 and 50 1 2 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. CO100024 applies to the following counties: Larimer, Mesa, and Weld counties. General Decision No. C0100024 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Frinue Benefits Last Mod POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1714 Smaller than Watson 2500 and similar 23.67 9.22 1715 Watson 2500 similar or larger 23.97 9.22 Oiler 1716 Weld 23.82 9.22 General Decision No. CO100024 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER: 1717 Excludes Form Work 20.72 534 Form Work Only 1718 Larimer, Mesa 18.79 3.67 1719 Weld 15.54 3.90 CENIENT MASON/CONCRETE FINISHER: 1720 Larimer 16.05 3.00 1721 Mesa 17.53 3.00 1722 Weld 17.48 3.00 ELECTRICIAN: Excludes Traffic Signalization 1723 Weld 33.45 7.58 Traffic Signalization 1724 Weld 25.84 6.66 • 0 0 -51- U.S. DEPT. OF LABOR, DAVIS BACON MNIN[UM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0100024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod FENCE ERECTOR: 1725 Weld 17.46 3.47 GUARDRAIL INSTALLER: 1726 Larimer, Weld 12.89 3.39 HIGHWAY/PARKING LOT STRIPING: Painter 1727 Larimer 14.79 3.98 1728 Mesa 14.75 3.21 1729 Weld 14.66 3.21 IRONWORKER: Reinforcing (Excludes Guardrail Installation) 1730 Larimer, Weld 16.69 5.45 Structural (Excludes Guardrail Installation) 1731 Larimer, Weld I8.22 6.01 LABORER: Asphalt Raker 1732 Larimer 18.66 4.66 1733 Weld 16.72 4.25 1734 Asphalt Shoveler 2 L21 4.25 1735 Asphalt Spreader 18.58 4.65 1736 Common or General 16.29 4.25 1737 Concrete Saw (Hand Held) 16.29 6.14 1738 Landscape and Irrigation 12.26 3.16 1739 Mason Tender - Cement/Concrete 16.29 4.25 Pipelayer 1740 Larimer 17.27 3.33 1741 Mesa, Weld 16.23 3.36 1742 Traffic Control (Flagger) 9.55 3.05 -52- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22,23) and 24 HIGHWAY CONSTRUCTION General Decision No. C0100024 The wage and fringe benefits listed below do not reflect collectivel bargained rates. Code Classification Basic Hourly Rate Frinae Benefits Last Mod LABORER (con't): Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 1743 Larimer, Weld 12.43 3.22 1744 PAINTER (Spray Only) 16.99 2.87 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1745 Latimer 26.75 539 1746 Mesa, Weld 23.93 7.72 1747 Asphalt Paver 21.50 3.50 Asphalt Roller 1748 Latimer 23.57 3.50 1749 Mesa 24.25 3.50 1750 Weld 27.23 3.50 Asphalt Spreader 1751 Latimer 25.88 6.80 1752 Mesa, Weld 23.66 736 Backhoe/Trackhoe 1753 Latimer 21.46 4.85 1754 Mesa 19.81 634 1755 Weld 20.98 633 Bobcat/Skid Loader 1756 Latimer 17.13 4.46 1757 Mesa, Weld 15.37 4.28 1758 Boom 22.67 8.72 Broom/Sweeper 1759 Larimer 23.55 6.20 1760 Mesa 23.38 6.58 1761 Weld 23.23 6.89 0 0 • -53- U.S. DEPT. OF LABOR, DAVIS BACON M[NIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER CO100016, 17, 18, 19, 20, 2l, 22,23) and 24 HIGHWAY CONSTRUCTION General Decision No. CO100024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basics Hourly Rate Fringe Benefits Last Mod - POWER EQUIPMENT OPERATOR (con't): Bulldozer 1762 Larimer, Weld 22.05 6.23 1763 Mesa 22.67 8.72 1764 Crane 26.75 6.16 Drill 1765 Larimer, Weld )j 0.00 1766 Mesa 35.06 0.00 1767 Forklift 15.91 4.68 Grader/Blade 1768 Larimer 24.82 5.75 1769 Mesa 23.42 9.22 1770 Weld 24.53 6.15 1771 Guardrail/Post Driver 16.07 4.41 1772 Loader (Front End) 1773 Larimer 20.45 3.50 1774 Mesa 22.44 9.22 1775 Weld 23.92 6.67 Mechanic 1776 Larimer 27.68 4.57 1777 Mesa 25.50 5.38 1778 Weld 24.67 5.68 Oiler 1779 Larimer 24.16 8.35 1780 Mesa 23.93 9.22 Roller/Compactor (Dirt and Grade Compaction) 1781 Larimer 23.67 8.22 1782 Mesa, Weld 21.33 6.99 -54- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22,23) and 24 HIGHWAY CONSTRUCTION General Decision No. C0100024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits ' Last Mod POWER EQUIPMENT OPERATOR (con't.): Rotomill 1783 Latimer 18.59 4.41 1784 Weld 16.22 4.41 Scraper 1785 Latimer 2133 3.50 1786 Mesa 24.06 4.13 1787 Weld 30.14 1.40 Screed 1788 Latimer 27.20 5.52 1789 Mesa 27.24 5.04 1790 Weld 27.95 3.50 1791 Tractor li.13 2.95 TRAFFIC SIGNALIZATION: Groundsman 1792 Latimer 11.44 2.84 1793 Mesa 16.00 5.85 1794 Weld 16.93 3.58 TRUCK DRIVER: Distributor 1795 Larimer 19.28 4.89 1796 Mesa 19.17 4.84 1797 Weld 20.61 5.27 Dump Truck 1798 Larimer 18.86 3.50 1799 Mesa 15.27 4.28 1800 Weld 15.27 5.27 0 • _55- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 0 1 -06-12 GENERAL DECISION NUMBER C0100016, 17, 18, 19, 20, 21, 22,23) and 24 HIGHWAY CONSTRUCTION General Decision No. CO100024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basics Hourly RateFringe Benefits Last Mod TRUCK DRIVER (con't.): Lowboy Truck 1801 Larimer 18.96 5.30 1802 Mesa, Weld 18.84 5.17 1803 Mechanic 26.48 3.50 Multi -Purpose Specialty & Hoisting Truck 1804 Larimer, Mesa 16.65 5.46 1805 Weld 16.87 5.56 1806 Pickup and Pilot Car 13.93 3.68 1807 Semi/Trailer Truck 1839 4.13 1808 Truck Mounted Attenuator 12.43 3.22 Water Truck 1809 Larimer 19.14 4.99 1810 Mesa 15.96 5.27 t811 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. -56- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-06-12 GENERAL DECISION t fBER C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION 0 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 NO. C0100024 0 • COLORADO DEPARTMENT OF TRANSPORTATION Project It: BIDDERS LIST DATA and UNDERUTILIZED 4 GC2 AA�tss- Ogy Location: DBE (UDBE) BID CONDITIONS ASSURANCE J=T" G061-N5 6a Prime Contractor Instructions: This form has two sections, both must be completed and submitted with your bid. Complete Section I to list all subcontract quotes received (non -DBE and DBE). Complete Section II to report only Underutilized DBE (LOSE) participation percentages which qualify under the contract goal specification for this project. Please review CDOT Form #715 instructions before completing Section 11. Attach additional sheets as necessary. It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have equal opportunity to participate on projects financed with federal, state or local entity funds. Consistent with 49 Code of Federal Regulations (CFR) Part 26.1 1, the Bidders List data provided by the Contractors will provide CDOT as accurate data as possible about the universe of DBE and non -DBE firms actively seeking work on its highway construction contracts, for use in setting overall DBE goals. SECTION I: CDOT BIDDERS LIST INFORMATION (Non -DBEs and DBEs) 1) Are all subcontract bids (quotes) received by your firm for this project listed below? LJ Yes No 2) If No, make certain any additional subcontract bidding information is submitted to the CDOT Business Programs Office before 4:00 pm on the day after bids are opened to ensure CDOT has the best data possible for setting future DBE goals (use the same table format as below): CDOT Business Programs Office 4201 E. Arkansas Ave., Room 200 Denver, Colorado 80222 FAX: 303-757-9019 EMAIL: eo@dot.state.co.us 3) The most recent CDOT Bidders List will be posted online at: www.dot.state.co,us/EEO/DBEProgramPage.htm Name of firm submitting Bid/Quote certified DBE firm? Yes No Work item(s) description Firm being used? A"Q' Yesl No e 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. it. 12. 13. 14, Page 1 of 2 Prevlous edltlans are obsolete and may not be used CDOT Form #714 4100 July 29, 2011 1 • ON THE JOB TRAINING This training special provision is an implementation of 23 U.S.C. 140 (a). The Contractor shall meet the requirements of the FHWA 1273 for all apprentices and trainees. As part of the Contractor's Equal Employment Opportunity Affirmative Action Program, training shall be provided on projects as follows: 1. The Contractor shall provide on the job training aimed at developing full journey workers in the skilled craft identified in the approved training plan. The Contractor shall provide at a minimum, required training hours listed in the Project Special Provisions for each project. 2. The primary objective of this specification is to train and upgrade women and minority candidates to full journey worker status. The Contractor shall make every reasonable effort to enroll and train minority and women workers. This training commitment shall not be used to discriminate against any applicant for training whether or not the applicant is a woman or minority. I The Contractor may employ temporary workers from CDOT supportive services providers to meet OJT requirements. Information pertaining to supportive services providers may be obtained by calling the CDOT OJT Coordinator at the number shown on the link http://www.coloradodot.info/business/equal- opportunity/trainine.htmt 4. An employee shall not be employed or utilized as a trainee in a skilled craft in which the employee has achieved journey status. 5. The minimum length and type of training for each skilled craft shall be as established in the training • program selected by the Contractor and approved by the Department and the Colorado Division of the Federal Highway Administration (FHWA), or the U. S Department of Labor (DOL), Office of Apprenticeship or recognized state apprenticeship agency. To obtain assistance or program approval contact: CDOT Center for Equal Opportunity 4201 East Arkansas Avenue Denver, CO 80222 eondot.state.co.us 1-800-925-3427 6. The Contractor shall pay the training program wage rates and the correct fringe benefits to each approved trainee employed on the project and enrolled in an approved program. The minimum trainee wage shall be no less than the wage for the Guardrail Laborer classification as indicated in the wage decision for the project. 7. The CDOT Regional Civil Rights Manager must approve all proposed apprentices and trainees for the participation to be counted toward the project goal and reimbursement. Approval must occur before training begins. Approval for the apprentice or trainee to begin work on a CDOT project will be based on: A. Evidence of the registration of the trainee or apprentice into the approved training program. B. The completed Form 838 for each trainee or apprentice as submitted to the Engineer. 8. Before training begins, the Contractor shall provide each trainee with a copy of the approved training program, pay scale, pension and retirement benefits, health and disability benefits, promotional opportunities, and company policies and complaint procedures. 9. Before training begins, the Contractor shall submit a copy of the approved training program and CDOT Form 1337 to the Engineer. Progress payments may be withheld until this is submitted and approved and may be withheld if the approved program is not followed. July 29, 2011 ON THE JOB TRAINING 10. On a monthly basis, the Contractor shall provide to the Engineer a completed On the Job Training Progress Report (Form 832) for each approved trainee or apprentice on the project. The Form 832 will be reviewed and approved by the Engineer before reimbursement will be made. The Contractor will be reimbursed for no more than the OJT Force Account budget. At the discretion of the Engineer and if funds are available, the Engineer may increase the force account budget and the number of reimbursable training hours through a Change Order. The request to increase the force account must be approved by the Engineer prior to the training. 11. Upon completion of training, transfer to another project, termination of the trainee or notification of final acceptance of the project, the Contractor shall submit to the Engineer a "final" completed Form 832 for each approved apprentice or trainee. 12. All forms are available from the CDOT Center for Equal Opportunity, through the CDOT Regional Civil Rights Manager, or on CDOT's website at http://www.coloradodot.info/business/bidding/Biddinq°/`20Forms/Bid%20Winner%2OForms 13. Forms 838 and 832 shall be completed in full by the Contractor. Reimbursement for training is based on the number of hours of on the job training documented on the Form 832 and approved by the Engineer. The Contractor shall explain discrepancies between the hours documented on Form 832 and the corresponding certified payrolls. 14. The OJT goal (# of training hours required) for the project will be included in the Projedt Special Provisions and will be determined by the Regional Civil Rights Manager after considering: A. B. C. D. E. F. G. Availability of minorities, women, and disadvantaged for training; The potential for effective training; Duration of the Contract; Dollar value of the Contract; Total normal work force that the average bidder could be expected to use; Geographic location; Type of work; and The need for additional journey workers in the area The general guidelines for minimum total training hours are as follows: %AlVlinim66tbtaRraming. Contaci'dollar value ' `:,hourslto be:provided :':on'the!piroject Up to 1 million 0 ?t - 2mmillion - 320 ' >2 - 4 million 640 >4=;6md60n d280 >6 - 8 million 1600 >8 t 2 mdhon _ 1920` > 12 - 16 million 2240 >16;:20million S _ For each increment of S5 million, over $20 1280 million • • 11 July 29, 2011 ON THE JOB TRAINING 15. The number of training hours for the trainees to be employed on the project shall be as shown in the Contract. The trainees or apprentices employed under the Contract shall be registered with the Department using Form 838, and must be approved by the Regional Civil Rights Manager before training begins for the participation to be counted toward the OJT project goal. The goal will be met by an approved trainee or apprentice working on that project; or, if a Contractor's apprentice is enrolled in a DOL approved apprenticeship program and registered with CDOT using Form 838 and working for the Contractor on a non-CDOT project. The hours worked on the non-CDOT project may be counted toward the project goal with approved documentation on Form 832. Training hours will be counted toward one project goal. 16. Subcontractor trainees who are enrolled in an approved Program may be used by the Contractor to satisfy the requirements of this specification. 17. The Contractor will be reimbursed $2.00per hour worked for each apprentice or trainee working on a CDOT project and whose participation toward the OJT project goal has been approved 18. The Contractor shall have fulfilled its responsibilities under this specification if the CDOT Regional Civil Rights Manager has determined that it has provided acceptable number of training hours. 19. Failure to provide the required training will result in the following disincentives: A sum representing the number of training hours specified in the Contract, minus the number of training hours worked as certified on Form 832, multiplied by the journey worker hourly wages plus fringe benefits [(A hours — B hours worked) x (C dollar per hour + D fringe benefits)] = Disincentives Assessed. Wage rate will be determined by averaging the wages for the crafts listed on Form 1337. The Engineer will provide the Contractor with a written notice at Final Acceptance of the project informing the Contractor of the • noncompliance with this specification which will include a calculation of the disincentives to be assessed. 0 February 3, 2011 PARTNERING PROGRAM The Colorado Department of Transportation actively encourages partnering and invites the Contractor and his subcontractors and suppliers to participate in a voluntary partnering agreement for this project. The following information summarizes the partnering process. More information is available through the Resident Engineer listed in the project special provisions. This partnership will be structured to draw on the strengths of each organization to identify and achieve mutual goals. The objectives are effective and efficient Contract performance with reciprocal cooperation, and completion within budget, on schedule, and in accordance with the Contract. This partnership will be bilateral in make-up and all costs associated with this partnership will be agreed to by both parties and will be shared equally. The Contractor shall assume full responsibility for all costs associated with partnering during the implementation of the partnering process. CDOT will reimburse the Contractor for the agreed amount. The CDOT Program Engineer or the Resident Engineer will contact the Contractor within ten days after the award of this project to ask if the Contractor wants to implement this partnership initiative. If the Contractor agrees, the Contractor's on -site project manager shall meet with CDOT's Resident Engineer to plan a partnering development and team building workshop. At this planning session, arrangements shall be made to determine the facilitator and the workshop, attendees, agenda, duration, and location. The workshop shall be held prior to the commencement of any major work item and preferably before the preconstruction conference. The following persons shall attend the workshop: CDOT's Resident Engineer, Project Engineer, and key project personnel; the Contractor's on -site project manager and key project supervision personnel; and the subcontractors' key project supervision personnel. The following personnel shall also be invited to attend as needed: project design engineer, key local government personnel, suppliers, design consultants, CDOT maintenance foreman, CDOT environmental manager, key railroad personnel, and key utility personnel. The Contractor and CDOT shall also have Regional or District managers and Corporate or State level • managers on the partnering team. Follow-up workshops may be held periodically throughout the duration of the Contract as agreed by the Contractor and the Engineer at the initial workshop. A closeout workshop shall be held to evaluate the effectiveness of the partnership. The establishment of a partnership charter, which identifies the workshop participants' mutual goals on the project, will not change the legal relationship of the parties to the Contract or relieve either party from any terms of the Contract. 0 February 3, 2011 • REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification: The weekly payrolls submitted by contractors and subcontractors in accordance with Part V., paragraph 2c shall not include full social security numbers and home addresses. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee's social security number). Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them to the SHA upon request. to February 3, 2011 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHWA-1273 Electronic version — March 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 6. Selection of Labor: During the performance of this contract, Page the contractor shall not: I. General.........................................................1 Il. Nondiscrimination............................................1 III. Nonsegrated Facilities..............................I.......3 IV. Payment of Predetermined Minimum Wage .......... 3 V. Statements and Payrolls...................................6 A. Record of Materials, Supplies, and Labor.............6 VII. GeneralSubletting or Assigning the Contract. ........ 7 VIII. Safety: Accident Prevention...............................7 IX. False Statements Concerning Highway Projects. ..7 X. Implementation of Clean Air Act and Federal Water Pollution Control Act................................8 XI. Certification Regarding Debarment, Suspension...... Ineligibility, and Voluntary Exclusion... .............. 8 XII. Certification Regarding Use of Contract Funds for... Lobbying......................................................9 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superin- tendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. If. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportu- nity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, execu- tive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not • 1.0 • u 0 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS less often than once every six months, at which time the contract- or's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractors procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such imple- mentation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employ- ee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimi- nation. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. February 3, 2011 d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such com- plaints, and will take appropriate corrective action within a reason- able time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of appren- ticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the -training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c.. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable Flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reason- able times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on -the - job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of S10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agree- ment or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establish- ments, and that the firm does not permit its employees to perform February 3, 2011 their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities' means any wailing rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provi- sions of Section IV, paragraph 31b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. 0 LL J 0 u • 5 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorpo- rated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. C. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Stan- dards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. February 3, 2011 b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secre- tary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a Slate apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any appren- tice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (ex- pressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evi- denced by formal certification by the OOL, Employment and Training Administration. (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not regis- tered and participating in a training plan approved by the Employ- ment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classifica- tion of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance proce- dure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT) Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal - aid highway construction programs are not subject to the require- ments of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, February 3, 2011 including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in para- graph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding S2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. 0 0 • SECTION 00020 • INVITATION TO BID Date: February 3, 2012 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 March 1, 2012, for the Troutman Parkway Grade Separated Crossing; BID NO. 7338. 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 7338 Troutman Parkway Grade Separated Crossing. The Work includes construction of new 24 foot span precast concrete culvert and base slab, cast -in -place reinforced concrete culvert, retaining wall, stairs, and ramp, lighting, stromwater pipe, steel railing and traffic control. The project also included removal of asphalt and excess excavated material. This is a Federally funded project and the UDBE goal is 9.5%. Contractors must turn in CDOT Bidding forms 606 and 714 with the bid. Bids will not be accepted if these forms are not included. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, • 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. A prebid conference and job walk with representatives of prospective Bidders will be held at10:00 AM on February 15, 2012 in the Community Room located 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. • Rev10/20/07 Section 00020 Page 1 Name of firm submitting Bid/Quote Certified DBE firm? Yes No Work item(s) description Firm being used? Yes No 15. 16. 17. 18. 19. 20. SECTION II: UNDERUTILIZED DBE (UDBE) PARTICIPATION COMMITMENT 1) Total eligible Underutilized OBE (UDBE) percentage amount from Box A below: Cl . S'.( 2) Will your company's Underutilized DBE (UDBE) participation commitment meet the contract goal? IY! Yes U No 3) List the UDBE firms, committed work items, and eligible UDBE percentage of your bid committed to each. UDBE Firm name Certification # Committed work item(s) % Commitment toward DBE Goal' 1. Q P1 4uKG �I . , S % 2. p4i)tic(, SPrc�.t,kL5rz CLt�G�KT� Co¢TincG .71 % 3. 6u,&/) /�SSO G (q ryes /G�Ot/anf ZaNr�/[ S Kito rhCo /� 4l . (,0 % 4. % 5. BOX A: TOTAL ELIGIBLE UDBE PERCENTAGE AMOUNT (Round to nearest hundredth) — . S% Detailed instructions on how to calculate DBE commitment amounts are available on CDOT Form IP715 and in the "Counting OBE Participation Toward Contract Goals and CDOT s annual DBE goal" section of the "DBE — Definitions and Requirements" in the Standard Special Provisions. I understand that, if my company is determined to be the low bidder for the contract on this project. I must submit a completed CDOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION for each firm listed in Section 11 of this form to the Transportation Department by 4:00 pm on the third work day after the day bids are opened. The actual amounts submitted on each CDOT Form #715 must equal or exceed the DBE percentage commitments documented on this form. In addition, if my company does not meet the DBE/UDBE goal for this project, I must submit a completed CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before 4:00 pm on the day alter bids are opened. CDOT Form #715s submitted for firms not included on this form, OR for amounts exceeding [hose listed on this form, will be accepted but NOT counted as Good Faith Efforts. Only the efforts the contractor made prior to the bid opening will count as Good Faith Efforts. I understand my obligation to abide by the Policy stated above Section I. 1 shall not discriminate on the basis of race, color, age, sex, national origin, or handicap in the bidding process or the performance of contracts. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Company Name: S T2�cc. �Kc Dale' 3/ u 5 r Company Officer Signature: Title: rage 2 of L Pr( us ebmons are Obsblefe arm may not be uses l:nV r form 9114 4100 0 • u 7 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appala- chian contracts, the payroll records shall contain a notation indicat- ing whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, descdbed in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029- 005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcon- tractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the follow- ing: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. February 3, 2011 g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such repre- sentatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds,' prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percent- age if specified elsewhere in the contract) of the total original contract price, excluding any specially items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organiza- tion (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. February 3, 2011 8 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract require- ments, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineer- ing services) as the SHA contracting officer determines is neces- sary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. Vill. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and lake any other needed actions as it determines, or as the SHA contract- ing officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepre- sentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false represen- tation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre- sentation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 21, 1916, (39 Stat. 355), as amended and supple- mented, Shall be fined not more that S10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et sea., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et sec., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such require- ments. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 0 40 9 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 1. Instructions for Certification - Primary Covered Transac- tions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disquali- fy such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "volun- tarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certifi- cation Regarding Debarment, Suspension, Ineligibility and Volun- tary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocure- ment portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. February 3, 2011 is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a 3-year period preceding this applica- tion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Covered Transac- tions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. . I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in c. The prospective lower tier participant shall provide immediate good faith the certification required by this clause. The knowledge written notice to the person to which this. proposal is submitted if at and information of participant is not required to exceed that which any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 10 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assis- tance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or volun- tarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocure- ment List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed S100,000 - 49 CFR 20) February 3, 2011 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influenc- ing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Con- gress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352, Any person who fails to file the required certification shall be subject to a civil penalty of not less than S10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. • 0 • 1] • 0 JAYeh and Associates, Inc. Consulting Engineers & Scientists GEOTECHNICAL ENGINEERING REPORT TROUTMAN GRADE SEPARATION TROUTMAN PARKWAY FORT COLLINS, COLORADO PROJECT NO.29-033 January 17, 2012. Prepared For: KDG Engineering, LLC. 3500 South Wadsworth Boulevard, Suite 400 Lakewood, Colorado 80235 Attn: Mr. Stan Kobayashi, P.E: Prepared By: Yeh and Associates, Inc. 5700 East Evans Avenue Denver, Colorado 80222 Phone: 303-781-9590 Fax: 303-781-9583 YAYeh and Associates, Inc. Consulting Engineers&'Scientists January 17, 2012 kDG Engineering, LLC 3500 South Wadsworth Boulevard, Suite 400 Lakewood, CO 80235 Attn: Mr. Stan Kobayashi, P'.E: Project No..29-033 Subject: Geotechnical Engineering Investigation, Troutman Grade Separation, Fort Collins, Colorado Dear Mr. Kobayashi: Yeh and Associates is pleased to present the results of our geotechnical investigation for the proposed project. Our work consisted of subsurface exploration, laboratory testing, engineering analyses and preparation of this report and was performed in general accordance with our proposal. The subsurface conditions at the site generally consisted of native clays and sands with varying amounts of silt overlying claystone bedrock. Sand and clay fill was present to approximately eight feet below theeground surface with a low to moderate swell potential. The. claystone bedrock had a moderate to high expansive potential. The native clays had a low to high expansive potential while the native sands had no to low expansive potential. Groundwater was encountered between 8 and 17 feet below the ground surface in the native sand. Based on the site conditions, proposed construction and our engineering analyses, we believe the proposed bridge structure can be supported on a deep foundation system. The bridge structure may be supported on drilled shafts or driven H piles. The concrete pedestrian walkways can use slab -on -grade construction. Based on the expansive potential of the subgrade materials and the location of the water table we recommend some ground modification in order to minimize post -construction slab movement. Our design and construction recommendations are presented in the report, We appreciated the opportunity to be of service to you during this phase of the project and look forward to assisting you during the final design and construction phases. If you have any questions regarding this report or need additional information or services, please feel free to contact the undersigned in our office. w • 0 • Respectfully, YEH AND ASSOCIATES, INC. q,' j'' L �yan Bartingale, E.I.T. Staff Engineer • • J e A. Strickland, P.E. enior Project Manager � O RR C/siFP t4,P 4l9 O 2: 20462 �oPlAt E Troutman Grade Separation YA 29-033 Fort Collins, Colorado January 17, 2012 TABLE OF CONTENTS • PAGE INTRODUCTION............................................................................................................. 1 PROPOSED CONSTRUCTION...................................................................................... 2 SITE EXPLORATION..................................................................................................... 2 LABORATORYTESTING.............................................................................................. 3 SITE CONDITIONS........................................................................................................ 3 Geology........................................................................................................................ 3 Soil and Bedrock Conditions........................................................................................ 4 Field and Laboratory Test Results............................................................................... 4 GroundwaterConditions.............................................................................................. 4 CONCULSIONS AND RECOMMENDATIONS.............................................................. 4 Geotechnical Considerations....................................................................................... 4 FoundationSystem...................................................................................................... 5 DrilledShafts............................................................................................................. 5 DrivenH-Piles........................................................................................................... 6 SpreadFootings........................................................................................................ 7 RetainingWalls............................................................................................................ 7 EarthPressures........................................................................................................... 8 Seismic Considerations............................................................................................... 8 Groundwater.......................................................................:........................................ 9 Earthwork................................................................................................................... 10 SitePreparation...................................................................................................... 10 • Fill Materials and Placement................................................................................... 11 Excavation and Trench Construction...................................................................... 11 Slopes..................................................................................................................... 12 Additional Design and Construction Considerations.................................................. 12 Exterior Slab Design and Construction................................................................... 12 SurfaceDrainage.................................................................................................... 13 Water -Soluble Sulfates........................................................................................... 13 GENERALCOMMENTS.............................................................................................. 13 FIGURES Engineering Geology Sheet................................................................................. Figure 1 APPENDICES BoringLogs.................................................................................................................... A Laboratory Test Results.................................................................................................. B YA 0 Troutman Grade Separation YA 29-033 Fort Collins, Colorado January 17, 2012 0 GEOTECHNICAL ENGINEERING REPORT CJ INTRODUCTION This report contains the results of our geotechnical engineering investigation for the proposed project to be located one block west of the intersection of West Troutman Parkway and South Mason Street in Fort Collins, Colorado, at the approximate location indicate below. Site Location Map Our services were to provide information and geotechnical engineering recommendations relative to: • subsurface soil and bedrock conditions; 0 groundwater conditions; 9 foundations; • retaining walls; • pavement design;. A earthwork; and a drainage. The recommendations contained in this report are based upon our understanding of the proposed project, the results of field and laboratory testing, engineering analyses and our experience with similar soil conditions and structures. IiiiiiiiiiiiiiiiH Troutman Grade Separation Fort Collins, Colorado PROPOSED CONSTRUCTION YA 29-033 January 17, 2012 Currently pedestrians on the trails on Troutman Parkway and along the New Mercer Ditch, must cross over the railroad tracks to get from east to west and the City of Fort Collins is proposing a grade separated crossing at this location for safety and as part of the Mason Street bus line. Based on information provided by J.F. Sato and Associates, the project will create an underpass below the railroad line for the use by pedestrians and cyclists. Due to limitations on the rail line closure, the construction of the underpass is proposed in phases. The first phase would be installing a deep foundation system, drilled shafts or driven H-piles, to support a bridge deck for the railroad, then inserting pre -cast beams beneath the rail line on top of the piles and then installing a pre -cast bridge deck to span between the beams. Based on the preliminary site drawings, the underpass will be about 100 feet in length with a floor elevation of 5031.75. The underpass will include paved access ramps from Troutman Parkway to the west and from Mason Street to the east of the underpass. SITE EXPLORATION The scope of the services performed for this project included site reconnaissance by a representative of Yeh and Associates, a subsurface exploration, laboratory testing, and • engineering analysis. A total four test borings were drilled on May 27, 2009 to depths of 31 to 36 feet below existing site grade at the approximate locations shown on the Boring Location Plan (Figure 1). Of the borings, two were drilled at locations of the access ramps and two were drilled on either side of the underpass structure. The borings were advanced with a truck -mounted drilling rig, utilizing 4-inch diameter, solid -stem, continuous flight auger. A supplemental investigation was performed on March 29, 2010 to obtain information on the bedrock materials to provide design and construction information for the use of a driven pile foundation system as opposed to the drilled shaft foundation system. Our work consisted of deepening boring B-3 from our initial subsurface exploration. The borings were located in the field by pacing from property lines and existing site features. Elevations were taken at each boring location by interpolation from contours indicated on the Site Plan provided. The accuracy of boring locations and elevations should only be assumed to the level implied by the methods used. Logs of subsurface conditions were recorded for each boring by our representative during the drilling operations. At periodic intervals in the borings, samples of the subsurface materials were taken with a modified California barrel sampler. Representative bulk samples were also taken in the borings. Penetration resistance • 2 ty • 11. Projects Recently Completed Project Name Owner Final Contract Amount Location Type of Construction Date of Completion Old Wadsworth Big Dry Creek Trail City of Westminster $ 4,017,036 Westminster, CO Removal of existing bridge; construction of new bridge, roadway construction Au -09 Brush Creek Bride Rehab Lockheed Martin $ 263.418 Littleton, CO Bride Rehab Aug-09 Inverness Drive Over Cottonwood Creek Arapahoe County 373,071 Englewood, CO Bridge May-10 I-70 Frisco to Vail Pass CDOT $ 1,162,261 Summit & Eagle Counties Multiple Bridge Rehabilitations Jul-10 Douglas CR 16 Over Plum Creek Bride Douglas County $ 1.123.180 Louviers, Colorado Bride Jul-10 1-25 & Santa Fe Emergency Bridge Repairs CDOT $ 340,206 Denver, Colorado Emergency Bridge Repair Au -10 1-25 & Arapahoe Rd CDOT $ 3,126,571 Greenwood Village, CO Interchancle Improvements Nov-10 1-70 & Ward Road CDOT $ 124,391 Jefferson County, CO Interchange Improvements Nov-10 UPRR Bearing Replacement Union Pacific Railroad $ 706,365 Sweetwater County, WY Bridge Rehabilitation Feb-11 1-70/Ward Rd. (Change Order) CDOT $ 792,185 Jefferson County. CO H drodemolition Jul-11 SH96 CDOT $ 2,977,369 Crowley, Kiowa and Otero Counties Design Build/Bridge Replacement Oct-11 80th Avenue Over US36 CDOT $ 7,944.238 Adams County, CO Bride Replacement Nov-11 1-270 Bridge Deck Rehab COOT $ 1,868,521 Commerce City, CO H drodemolition Nov-11 1-70 Skippers Island Multiple Structures Repair CDOT $ 1,907,208 Fruita, Mesa Cty, CO H drodemolition Dec-11 McIntyre St. Bridge Repair IJeffefson County $ 702,638 Golden, CO Bridge Rehab Jan-12 13. Similar Projects Final Contract Date of Project Name Owner Amount Location Type of Construction Completion Bridge -Construction of 12' x 18' precast concrete box culvert bridge allowing for future highway widening on Trout Creek Pass CDOT $ 786,267 Buena Vista, CO Highway 24. Jun-07 Removal of existing bridge, Old Wadsworth Big Dry Creek construction of new bridge, Trail City of Westminster $ 4,017.036 Westminster, CO roadway construction Au -09 80th Avenue Over US36 CDOT $ 7,944,238 Adams County, CO Bridge Replacement Nov-11 Troutman Grade Separation YA 29-033 Fort Collins, Colorado January 17, 2012 Smeasurements were obtained by driving the modified California barrel into the subsurface materials with a 140-pound hammer falling 30 inches. The penetration resistance value is a useful index to the consistency, relative density or hardness of the materials encountered. Groundwater measurements were made in each boring at the time of site exploration. LABORATORY TESTING Samples retrieved during the field exploration were returned to the laboratory for observation by the project geotechnical engineer and were classified in accordance with the Unified Soil Classification System and AASHTO. Samples of bedrock were classified in accordance with the general bedrock classification used in the Colorado front -range area. An applicable program of laboratory testing was developed to determine engineering properties of the subsurface materials. Following the completion of the laboratory testing, the field descriptions were confirmed or modified as necessary and boring logs were prepared. These logs are presented in Appendix A. Laboratory test results are presented in Appendix B. These results were used for the geotechnical engineering analyses and the development of foundation and earthwork recommendations. Laboratory tests were performed in general accordance with the applicable local or other accepted standards. 0 Selected soil and bedrock samples were tested for the following engineering properties: E • Water content • Dry density • Grain size • Plasticity Index • Unconfined compressive strength • Swell/settlement SITE CONDITIONS The site has the Burlington North and Santa Fe railroad tracks which run north -south on the site and the New Mercer Ditch on the west side. The ground surface is relatively flat along Troutman Parkway with about a 5 percent downward grade to the railroad. At the time of the site investigation, the ditch was full and flowing with water, however, as the investigation was in May, it is anticipated that the irrigation ditch had been flowing for only a short period of time. Vegetation consists of native grasses and weeds and scattered trees. Geology Surficial geologic conditions at the site, as mapped by the U.S. Geological Survey, consist of the Solcum Alluvium of Pleistocene age described as a bouldery, cobble gravel decreasing is grain size east of the mountain front and containing abundant 3 VA Troutman Grade Separation YA 29-033 Fort Collins, Colorado January 17, 2012 calcium carbonate. These materials, as mapped in this area, are generally on the order of 22 feet or less in thickness. Bedrock underlying the surface units is anticipated to consist of the Pierre Shale Formation of the upper Cretaceous age. The Pierre Shale is an olive -gray marine shale and interbedded sandstone with local bentonite beds. The bentonite beds have a high to very high swelling potential and have been observed to cause damage to foundations, roads, and other structures. Soil and Bedrock Conditions As presented on the boring logs, generally the surface soils to depths of about 6 to 8 feet consisted of clay and sand fill with varying amounts of silt. The fill overlies interbedded native clays and sands with variable amounts of each constituent and silt and gravels to depths of approximately 24 to 36 feet. In two of the borings, clayey gravel was encountered on top of the claystone bedrock. Claystone bedrock was encountered in the borings and extended to the maximum depth of exploration. Field and Laboratory Test Results Field test results indicate that the clay fill was stiff and the underlying native clays were very stiff to hard in consistency. The sand fill varied from loose to medium dense while the native sands and gravel soils varied from loose to dense in relative density. The claystone bedrock varied from residuum to very hard in hardness based on the penetration resistance. Laboratory test results indicate that clays have a low expansion potential and moisture contents ranging from 13.7 percent to 21.6 percent. Laboratory test results also indicate that the moisture contents range from 5.8 percent to 18.5 percent for the sands and from 17.1 percent to 19.3 percent for the claystone. Groundwater Conditions Groundwater was encountered at depths of about 8 to 17 feet below existing site grade in the test borings at the time of field exploration. The water table surface was generally deeper in the eastern borings, which were farther away for the New Mercer Ditch. As our investigation was performed in May, at the beginning of the irrigation season, we would anticipate that the groundwater level will likely rise due to the infiltration of irrigation water from the ditch. These observations represent groundwater conditions at the time of the field exploration, and may not be indicative of other times or at other locations. Groundwater conditions can change with varying seasonal, irrigation and weather conditions and other factors. CONCULSIONS AND RECOMMENDATIONS Geotechnical Considerations Based on the results of our site investigation, the site appears suitable for the proposed construction. The installation of drilled shafts will be difficult due to the presence of shallow groundwater, caving soils and gravels. Shallow groundwater will also be of concern with respect to the underpass and the retaining walls. n Troutman Grade Separation Fort Collins, Colorado YA 29-033 January 17, 2012 41 Design and construction recommendations for foundation systems and other earth connected phases of the project are outlined below. Foundation System Drilled Shafts Based on the proposed construction method and the heavy rail loads, a drilled shaft foundation system is a viable alternative for the underpass. The drilled shafts should be drilled a minimum of 10 feet into the claystone bedrock due to the weathered upper portion of the bedrock. For axial compression loads, the drilled shafts may be designed for a maximum end - bearing pressure of 20 kips per square foot (ksf) and skin friction of 2 ksf for the portion of the pier in firm or harder bedrock. The axial capacity of the shaft may be increased by 1/3 or as allowed by local code when considering wind and/or seismic loading. Drilled shafts should be considered to work in a group action if the horizontal spacing is less than 3 shaft diameters. The capacity of individual shaft must be reduced when shaft spacing is less than 3 shaft diameters to account for the effects of group action. Capacity reduction is a function of shaft spacing and the number of shafts within a group. If group action analyses are necessary, capacity reduction factors can be provided for the analyses. 0 For lateral load and overturning design the following parameters may be used for LPILE analysis: LPILE Design Parameters ' Horizontal Internal Unit -Subgrade, Cohestom' Friction ' Stram SoII Type Condition Weight :Reaction. (pst) Arigle (Eso) Ib/ft3) k) Ib%in3) de ). -= Sand (Fill Above 120 80 30 an Groundwater Submerged 60 50 30 CIa FIII r` Above 125 500 3.5 - 0.005 and Native' Groundwater _ : Submerged 65 500 3.5 0.005 Clayey Gravel r. Submerged 70 125 35 :Cla stone:: 120 2000 35 0.004 The soil modulus and coefficient of subgrade reaction are ultimate values; therefore, appropriate factors of safety should be applied in the design. 5 17 Troutman Grade Separation YA 29-033 Fort Collins, Colorado January 17, 2012 Drilling to design depths should be possible with conventional single -flight power augers 40 on the site. The drilling equipment should be sized to reach depths of 55 to 60 feet. In addition, areas of caving soil and relatively shallow groundwater conditions indicate that temporary steel casing will likely be required to properly drill and clean piers prior to concrete placement. The presence of gravels on top of the bedrock may make seating the casing difficult and a complete seal on the casing may not occur. Groundwater should be removed from each shaft prior to concrete placement. Concrete should be placed immediately after completion of drilling and cleaning. If the concrete cannot be placed in dry conditions, a tremie should be used for concrete placement. Due to potential sloughing and raveling, foundation concrete quantities may exceed calculated geometric volumes. If casing is used for shaft construction, it should be withdrawn in a slow, continuous manner maintaining a sufficient head of concrete to prevent infiltration of water or the creation of voids in the concrete. The concrete should have relatively high fluidity when placed in cased holes or through a tremie. Concrete with slump in the range of 6 to 8 inches is recommended for drilled shaft construction. Free -fall concrete placement in shaft will only be acceptable if provisions are taken to avoid striking the concrete on the sides of the hole or reinforcing steel. The use of a bottom -dump hopper, or an elephant's trunk discharging near the bottom of the hole where concrete segregation will be minimized, is recommended. A representative of the geotechnical engineer should observe the bearing surface and shaft configuration. Driven H-Piles Based on the information from this investigation, driven piles may be used for the foundation system on the proposed underpass. In boring B-3 virtual refusal to driving will be reached at about 40 feet below grade, however, the depth to bedrock was shallower in the adjacent borings and therefore, on the west side of the rail tracks virtual refusal may occur at a depth between 35 to 40 feet. The actual depth that driving refusal is achieved may vary significantly from the estimated depths because of the variable thickness of weathered bedrock. If pile penetration extends below the estimated pile depth by more than 15 feet, additional pile penetration should be avoided. If such a condition occurs, we recommend that the pile rest and then a restrike of the pile be performed to evaluate refusal and/or the pile monitored by PDA to determine final pile capacity For allowable stress design (ASD), steel H-piles, driven into bedrock may be designed for a service stress of 9 kips per square in (ksi) for Grade 36 steel and 12.5 ksi for Grade 50 steel. After selection of the pile, a wave equation analysis should be performed for the anticipated subsurface conditions to appropriately size the pile driving equipment 0 6 YA Troutman Grade Separation YA 29-033 Fort Collins, Colorado January 17, 2012 • Piles may be designed to resist lateral loads using the criteria presented for drilled shaft foundations. The upper 5 feet of pile penetration should be neglected for lateral load resistance calculation. Driven H-piles should be installed per Section 502 of the CDOT Standard Specifications for Road and Bridge Construction, 2011 edition. CDOT's criteria requires the use of a PDA for determination of virtual refusal. The pile driving criteria may then be modified by the engineer based on the result of the PDA. For this project, the steel H-piles may be driven to a virtual refusal defined by a driving resistance of 10 blows per inch if the use of a PDA is not specified. The driven piles should be considered to work in a group action if the horizontal spacing is less than 3 equivalent shaft diameters. The capacity of individual pile must be reduced when spacing is less than 3 equivalent diameters to account for the effects of group action. Capacity reduction is a function of pile spacing and the number of piles within a group. If group action analyses are necessary, capacity reduction factors can be provided for the analyses. Spread Footings For the lighter loaded retaining and wing walls, a spread footing foundation system can be used. We recommend a maximum allowable bearing pressure for the spread footings bearing on undisturbed native soils or engineered fill of 2,500 psf. A coefficient of friction of 0.35 may be used for the calculation of sliding resistance when performing • an external stability check. Footings should be placed a minimum of 36 inches below finished grade for frost protection and to provide confinement for the bearing soils. Finished grade is the lowest adjacent grade for footings. 0 Total movement resulting from the assumed structural loads is estimated to be on the order of 1 inch. Differential movement should be on the order of to 3/4 of the estimated total movement. Additional foundation movements could occur if water from any source infiltrates the foundation soils, therefore, proper drainage should be provided in the final design and during construction. Foundation excavations should be observed by the geotechnical engineer. If the soil conditions encountered differ significantly from those presented in this report, supplemental recommendations will be required. Retaining Walls Retaining walls will be used along the pedestrian walkway accessing the underpass and possibly within the underpass, depending on the final grading requirements. It is our experience that the Burlington Northern Sante Fe (BNSF) railroad does not allow permanent soil nails to be used for slope stabilization on railroad right-of-way. As the heavy rail loading will be carried by the underpass foundation, the retaining walls will generally carry only the soil weight behind the walls. For this loading situation, cantilever or mechanically stabilized earth (MSE) walls would both work well for the 7 M Troutman Grade Separation Fort Collins, Colorado YA 29-033 January 17, 2012 lighter loading situation within the underpass and for the access ramp walls. The walls • should be designed with any appropriate surcharge pressure for rail traffic. The walls can be supported using spread footings. Earth Pressures For soils above any free water surface, recommended equivalent fluid pressures for unrestrained foundation elements are: • Active: Cohesive soil backfill (on -site clay) .................................................... 50 psf/ft Cohesionless soil backfill (on -site sand) ............................................ 40 psf/ft Select imported granular backfill........................................................ 35 psf/ft • Passive: Cohesive soil backfill (on -site clay)...................................................250 psf/ft Cohesionless soil backfill (on -site sand)...........................................350 psf/ft • Coefficient of base friction....................................................................... 0.35 These earth pressures are for unsaturated materials. As there was shallow groundwater encountered in our borings, the bottom of some retaining walls could be below the groundwater table. To prevent hydrostatic pressures from developing behind the retaining walls, a subsurface drain system must be installed. The drain system should consist of free -draining granular soils containing less than 5 percent fines (by weight) passing a No. 200 sieve placed adjacent to the wall. The free -draining granular • material should be graded to prevent the intrusion of fines or encapsulated in a suitable filter fabric. A drainage system consisting of either weep holes or perforated drain lines (placed near the base of the wall) should be used to intercept and discharge water which would tend to saturate the backfill. Where used, drain lines should be embedded in a uniformly graded filter material and provided with adequate clean -outs for periodic maintenance. A relatively impervious soil should be used in the upper layer of backfill to reduce the potential for water infiltration. As an alternative, a prefabricated drainage structure such as geocomposite may be used as a substitute for the granular backfill adjacent to the wall. Medium to high plasticity clay soils should not be used as backfill against retaining walls. Compaction of each lift adjacent to walls should be accomplished with hand - operated tampers or other lightweight compactors. Overcompaction may cause excessive lateral earth pressures, which could result in wall movement. Seismic Considerations No active faults are known to exist in the immediate site area, and fault rupture is not a credible hazard at the site. The soils at the site correspond with Site Class C of the IBC. We recommend the following site coefficients be used. 40 sWA • • • Troutman Grade Separation Fort Collins, Colorado Design acceleration for short periods Ss Fa <0.22 1.2 YA 29-033 January 17, 2012 Ss = The mapped spectral accelerations for short periods Fa = Site coefficient from Table 1615.1.2(1) Design acceleration for 1-second period Si FV 0.06 1.7 S, = The mapped spectral accelerations for 1-second period FV = Site coefficient from Table 1615.1.2(2) Groundwater Groundwater levels at the site will be influenced by the New Mercer Ditch flows. As the ditch operates generally from late spring to early fall, the highest groundwater levels are anticipated to occur at or just after the end of the irrigation season whereas the lowest groundwater levels will be towards the beginning of the irrigation season. Therefore, the groundwater levels measured as part of this investigation are likely to be lower than would be expected at the end of the irrigation season. To monitor the annual fluctuations of the groundwater table would require installation and monitoring of a series of piezometers at the site. In addition to the fluctuations anticipated due to seasonal and precipitation conditions, the interlayered nature of the overburden soils and the underlying claystone bedrock indicate that perched groundwater conditions are likely to occur at the site. Such a condition appears to be occurring in boring B-1 where the groundwater elevation is 8 to 9 feet higher than encountered in the remaining borings, with the groundwater being encountered in a silty sand layer, which overlies a sandy clay layer. The proposed elevation of the floor slab on the underpass is about 5032. Groundwater levels in the borings at the time of drilling varied from 5028 to 5037. As discussed above, these levels are anticipated to rise during the course of the irrigation season. Therefore, groundwater levels maybe at or above the floor slab elevation of the underpass and the ramps leading to the underpass. To reduce hydrostatic loading on the below grade portions of the underpass, a subsurface drain system should be placed beneath the ramps and underpass and connected to the subsurface drain system behind the walls. The drain system should be similar in construction to that discussed for the retaining walls. As the drain system will be below grade at the site, it will need to be drained to a collection sump(s) equipped with a pump to discharge the groundwater or to a gravity 0 VTl. Troutman Grade Separation Fort Collins, Colorado YA 29-033 January 17, 2012 outlet, such as a deep storm sewer line. Design and operation of a sump pump system . should consider a backup system and continuous operation. Installation of pressure relief valves or construction of pressure relief joints in the floor slabs should be considered in design in the event of a failure in the sump pump system. Unless a gravity drain outlet can be constructed, long term operation and maintenance costs for a sump pump system could be substantial. Although more costly for initial construction, consideration could be given to designing the underpass as a water tight structure with waterproofing and water stops, as needed, and designed to resist buoyant forces. Earthwork Site Preparation Strip and remove existing vegetation and other deleterious materials from proposed building areas. All exposed surfaces should be free of mounds and depressions, which could prevent uniform compaction. Stripped materials consisting of vegetation and organic materials should be wasted from the site or used to revegetate landscaped areas or exposed slopes after completion of grading operations. If fill is placed in areas of the site where existing slopes are steeper than 5:1 (horizontal:vertical), the area should be benched to reduce the potential for slippage between existing slopes and fills. Benches should be wide enough to accommodate • compaction and earth moving equipment and to allow placement of horizontal lifts of fill. All exposed areas, which will receive fill, once properly cleared and benched, should be scarified to a minimum depth of 8 inches, conditioned to near optimum moisture content and compacted. It is anticipated that excavations for the proposed construction can be accomplished with conventional heavy earthmoving equipment. Depending upon the depth of excavation, location of the bedrock surface and seasonal conditions, groundwater may be encountered in excavations on the site. Pumping from sumps may be utilized to control water within excavations. Well points may be required if significant groundwater flow is encountered or where excavations penetrate groundwater to a significant depth. Based upon the subsurface conditions encountered, subgrade soils exposed during construction are anticipated to be relatively stable. However, the stability of the subgrade may be affected by the proximity to the existing irrigation channel, depth to groundwater, perched zones of groundwater, precipitation, repetitive construction traffic and other factors. If unstable conditions are encountered or develop during construction, stability may be improved by scarifying and drying the subgrade soils. Overexcavation of ,vet zones and replacement with granular materials may be necessary. Use of lime, fly ash, kiln dust, cement or geotextiles could also be considered as stabilization techniques. Laboratory evaluation is recommended to • 10 YA Troutman Grade Separation Fort Collins, Colorado YA 29-033 January 17, 2012 determine the effect of chemical stabilization on subgrade soils prior to construction. Lightweight excavation equipment may also be required to reduce subgrade pumping. Fill Materials and Placement Clean on -site soils or approved imported materials may be used as fill material. Imported soils (if required) should be granular soils with no more than 35 percent passing the No. 200 sieve and having a Liquid Limit of no more than 30 and a Plasticity Index of no more than 15, Import fill material properties should be reviewed by the geotechnical engineer prior to importing to the site. Engineered fill should be placed and compacted in horizontal lifts, using equipment and procedures that will produce a uniform fill with the recommended moisture contents and densities throughout the lift. Recommended compaction criteria for engineered fill is 95 percent of the maximum dry density (ASTM D698). In fill areas where the fill depth exceeds 10 feet, the fill placed greater than 10 feet below finished grade should be compacted to 98 percent of the maximum dry density (ASTM D698). On -site clay soils should be compacted within a moisture content range of 1 percent below to 3 percent above optimum. On -site sands and/or imported soils should be compacted within a moisture range of 3 percent below to 3 percent above optimum unless modified by the project geotechnical engineer. Fills less than 10 feet, when placed and compacted as recommended in this report, will experience some settlement (generally about 1 inch or less). The amount and rate of • settlement will be increased if water is introduced into the fill. Where fill depths exceed 10 feet, modifications of the backfill materials and/or placement and compaction criteria may be required or appreciable settlement may occur. Excavation and Trench Construction Due to the interlayered conditions encountered in our borings excavations into the on - site soils will encounter a variety of conditions. All excavations must comply with the applicable local, State, and Federal safety regulations, and particularly with the excavation standards of the Occupational Safety and Health Administration (OSHA). Construction site safety, including excavation safety, is the sole responsibility of the Contractor as part of its overall responsibility for the means, methods, and sequencing of construction operations. Yeh and Associates recommendations for excavation support are provided for the Client's sole use in planning the project, in no way do they relieve the Contractor of its responsibility to construct, support, and maintain safe slopes. Under no circumstances should the following recommendations be interpreted to mean that Yeh and Associates is assuming responsibility for either construction site safety or the Contractor's activities. We believe the overburden clays encountered on this site will classify as Type B materials and the sands and gravels will classify as Type C material using OSHA criteria. However due to the interlayered nature of the soils, we believe a Type C material should be used for all excavations: OSHA requires that unsupported cuts be no steeper than 11/2:1 for Type C material for unbraced excavations up to 20 feet in height. In general, we believe that this slope ratio will be temporarily stable under Troutman Grade Separation YA 29-033 Fort Collins, Colorado January 17, 2012 unsaturated conditions. Flattened slopes may be required if excavations extend into the groundwater or the slopes will be exposed for an extended period of time. Please note that an OSHA -qualified "competent person" must make the actual determination of soil type and allowable sloping in the field. The soils and bedrock encountered by the proposed excavations may vary significantly across the site. The preliminary classifications presented above are based solely on the materials encountered in widely spaced exploratory test borings. The contractor should verify that similar conditions exist throughout the proposed area of excavation. As a safety measure, it is recommended that all vehicles and soil piles be kept to a lateral distance equal to at least the depth of the excavation from the crest of the slope. The exposed slope face should be protected against the elements and monitored by the contractor on at least a daily basis. Slopes For permanent slopes less than 15 feet in height, a recommended maximum configuration for on -site materials is 3:1 (horizontal to vertical). If steeper slopes are required for site construction, stability analyses should be completed to design the grading plan. The face of the slopes should be compacted to the minimum specification for engineered fill. Alternately, fill slopes can be overbuilt and trimmed to compacted material. Additional Design and Construction Considerations Exterior Slab Desiqn and Construction Compacted subgrade or existing clay soils will expand with increasing moisture content, therefore, exterior concrete grade slabs may heave resulting in cracking or vertical offsets. To reduce the potential for damage, we recommend; • exterior slabs be supported on fill with no or very low expansion potential; • strict moisture -density control during placement of subgrade fills; • minimizing moisture increases in the backfill; • placement of effective control joints on relatively close centers and isolation joints between slabs and other structural elements; • concrete thickness of slabs should be a minimum of five inches, • provision for adequate drainage in areas adjoining the slabs; and • use of designs which allow vertical movement between the exterior slabs and adjoining structural elements. The on -site soils, whether native or fills, have a susceptibility to frost heave and an expansion potential. Therefore, movement may occur in exterior concrete slabs, which can result in off -sets, tilting, and cracking. The movement and cracking may affect the appearance and performance of the slabs and can affect the slab's compliance with 12 SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed Page 1 Section 00510 Troutman Grade Separation YA 29-033 Fort Collins, Colorado January 17, 2012 • ADA/FHA requirements. There are several options to improve the slab's appearance and performance, however, these options are not solely related to geotechnical mitigation measures and there are sometimes significant costs associated with mitigation of the potential movement. It is suggested that if the exterior slab performance is critical to the project, the owner and design team discuss the required slab performance and options to improve performance. Yeh and Associates should be contacted to participate in these discussions. Surface Drainage Positive drainage should be provided during construction and maintained throughout the life of the proposed project. Infiltration of water into utility or foundation excavations must be prevented during construction. Surface features that could retain water in areas adjacent to the underpass or pedestrian access ramp areas should be sealed or eliminated. Wherever possible, we recommend that a minimum positive grade of approximately 5 percent for at least 5 feet be provided to direct water away from walls and the underpass. Utility and sprinkler line trenches should be well compacted and free of all construction debris to reduce the possibility of moisture infiltration and migration. Landscape irrigation adjacent to the pedestrian walkways or the underpass system should be eliminated. Water -Soluble Sulfates The concentration of water-soluble sulfates measured in the sample obtained from the exploratory borings was 0.005 percent. This concentration of water-soluble sulfates • represents a Class 0 severity of potential exposure to sulfate attack on concrete exposed to these earthen materials. The degree of attack is based on a range of Class 0 (negligible) to Class 3 (very severe) as listed in CDOT's revision of Section 601, "Structural Concrete." Based on the sulfate test, the soils at the site present a very low potential for sulfate attack on concrete. GENERAL COMMENTS The analyses and recommendations presented in this report are based upon our data obtained from the borings at the indicated locations, field observations, laboratory testing, our understanding of the proposed construction and other information discussed in this report. It is possible that subsurface conditions may vary between or beyond the points explored. The nature and extent of such variations may not become evident until construction. If variations appear, we should be contacted immediately so we can review our report in light of the variations and provide supplemental'recommendations as necessary. We should also review the report if the scope of the proposed construction, including the proposed loads, finished elevations or structure locations, change from those described in this report. The conclusions and recommendations contained in this report shall not be considered valid unless Yeh and Associates reviews the changes and either verifies or modifies the conclusions of this report in writing. We have prepared this report for the exclusive use of J.F. Sato and Associates for a proposed pedestrian underpass and concrete access ramps in Fort. Collins, Colorado. The report was prepared in substantial accordance with the generally accepted 13 12 Troutman Grade Separation Fort Collins, Colorado YA 29-033 January 17, 2012 standards of practice for geotechnical engineering as exist in the site area at the time of our investigation. No warranties, express or implied, are intended or made. The recommendations in this report are based on the assumption that Yeh and Associates will conduct an adequate program of construction testing and observation to evaluate compliance with our recommendations. 0 �J 14 YA CJ Lrf;rn topsoil J� millwilh as IpiJC�I�A7 el ajor sell eanS SAy C///.I USCS Lon itY Sandy d � city Clay Fill witSona as l�[{�',}(C���{ USCS Clayey major l celh ILLd Gravel uscs ClaYcy ® Iu'photl Sand VJA® CLAYSTONE —Grephic Material description P netration Resistance (Blows per foot or inches of penetration) Lab test results _f�_ 60RE HOLE LOCATION print n z. ocrIe: IAU Vet 1. Sedle: A^. Notad unit Information unit Leader Initials I®� 1'eh pnd Asaucialcs Inc � 87 I 1.I v 4 I I— o. 19 I 1 ] -i. of o l---.. o—' Ioll 1: o - ,-a `a , LI I j III . BH—2 o; I I •�� 4 J.L: I 1 . solo — smo 50GO —_ 611-2 BH-J BH-A 5060 a 5050 — aH-I _ / _ -_ -_ I y�mn�r �Le 5050 0 Le 5040 —�u N,� �3� __ __ _ _ 'v040 W es 030 Jn u U 5020 4o -1O xo Soft) sow• 53 - - 5a:z' m:. S010 lions Colorado Department of Transportation As Constructed PEDESTRIAN UNDERPASS Project No s Init. OT 1420 Second Street No Redsions: ENGINEERING GEOLOGY Project h'amber Greeley, Ca 80631 o Phone: 9J0-]50-2126 FAy: WO-]50-2156 Revised: Designer: J. STRIEKumD Structure Code Region4 Region 4 PJG vote: Moiler; IJ.WA12 Nambers sheet sa6.ee oaloeE saozel snaet:: a-] of Iz sneer namaer Troutman Grade Separation Fort Collins, Colorado APPENDIX A -BORING LOGS YA 29-033 January 17, 2012 M • 0 Project: Troutman Grade Separation Boring: .1 g YEH AND ASSOCIATES, INC. YA GEOTECHNICALENGINEERINGCONSULTANTS Project Number: 29-033 Date: Sheet 1 of 1 Boring Began: 5/27/2009 Completed: 5/27/2009 Total Depth: 31.0 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: 5040.2 ft Casing: Location: Drill: CME 55 Weather: Coordinates: N: 109,870.5 E: 193,647.4 Driller: Rock Edge Logged By: T. Hansen Ground Water Notes: Final By: T. Hansen Depth 8.0 ft - - - Date 5/27/09 Inclination: Vertical Time - n ^ Rock Soil Samples T Z C F' v >. g ^ r ^ ° °' Field Notes cB a' > a' ° °' a m E > BiOA�s o Material Description P and m p O Crper N t Lab Tests w 0 a) 6 in of 5040 0.0 -0.3 ft. Topsoil. 0.3 - 8.0 ft. sandy CLAY FILL, brown dark brown, moist, stiff. 5035 5 MC= 20.8 % 4/5 9 DD= 103.7 pcf 8.0 -12.0 ft. silty SAND with gravels, brown, wet, medium dense. 5030 10 : MC= 10.2 % 9/9 18 DD= 129.9 pcf 12.0 -24.0 ft. sandy CLAY waxy, brown tan, wet, very stiff. 5025 15 MC= 21.6 % 8/10 18 DD= 105.5 pcf 5020 20 MC= 19 % 11/16 27 DD= 111.5 pcf S/C= 0.1 % 24.0 -29.0 ft. silty SAND fine grained, brown 5015 25 gray, wet, medium dense. 7/10 17 Gravel lens to bedrock. 29.0 -31.0 ft. CLAYSTONE, brown -gray 5010 30 orange, moist to wet, very hard. 21l50:4" 50:4" MC= 17.1 % Do= 110.0 _ Bottom of Hole at 31.0 ft. pcf UCCS= 8659 psi Project: Troutman Grade Separation Boring: B_2 V YEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 29-033 Date: Sheet 1 of 1 Boring Began: 5/27/2009 Completed: 5/27/2009 Total Depth: 31.0 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: 5045.3 ft Casing: Location: Drill: CME 55 Weather: Coordinates: N: 109,677.1 E: 193.662.0 Driller: Rock Edge Logged By: T. Hansen Ground water Notes: Final By: T. Hansen Depth 14.0 It - - - Date 5/27/09 Inclination: Vertical Time - - - - a .-. Rock l Soil Samples T � C F T p^ L^ E Blows 0) ° Field Notes ' a a) a)0 0 Material Description and a'� o v o' " per N Lab Tests LU 6 in 5045 0.0 - 6.5 ft. clayey SAND FILL with calcareous inclusions, brown white, moist, medium dense. F 5040 5 ,MC= 6.8 % 8/10 18 DD= 107.3 pcf 6.5 -9.0 ft. sandy CLAY, brown, moist, very ON/ stiff. 9.0 -14.0 ft. sandy CLAY with gravels, reddish 10 brown, moist, hard. 18/26 44 5035 MC= 13.7 DD= 116.4 pcf 14.0 -17.0 ft. silty SAND with gravels, brown 15 gray, wet, medium dense. 7/6 13 5030 MC= 11.8 % DD= 119.7 pcf 17.0 - 25.0 ft. clayey GRAVEL with sand, brown, wet, medium dense. 5025 70 MC= 10.4 % I 14/15 29 DC= 130.0 pcf #200= 13 % LL= NV PL= NP PI= NP AASHTO: A-1-b (0) USCS: SM 5020 Z5 14116 30 25.0 - 31.0 ft. CLAYSTONE, brown olive -brown, moist to wet, imn to medium hard, waxy. 5015 30 - MC= 18.4 % 14/20 34 DD= 113.0 pcf Bottom of Hole at 31.0 ft. UCCS= 6534 psi • 110 0 • • Project: Troutman Grade Separation Boring: B-3 YYEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 29-033 Date: Sheet 1 of Boring Began: 5/2712009 Completed: 5/27/2009 Total Depth: 51.0 ft Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: 5047.8 ft Casing: Location: Drill: CME 55 Weather: Coordinates: N: 109,779.1 E: 193,754.0 Driller: Rock Edge Logged By: T. Hansen Ground Water Notes: Final By: T. Hansen Depth 17.0 ft - - - Date 5/27/09 Inclination: Vertical Time - - - - Rock Soil Samples a o C T � Field Notes m a a Qlows o� Material Description and p n o' 0 per N Lab Tests Ld 6 in c Ly 0.0 - 6.0 ft, silty SAND FILL, reddish brown, moist, loose. 5045 5: 4/4 8 MC= DD= 108.0 pcf 10 6.0 -12.0 ft. sandy CLAY, reddish brown, moist, very stiff. 5040 10 MC= 14.6 % 9/12 21 DD= 114.9 pcf 12.0 -17.0 ft. clayey SAND, brown gray, moist, 5035 - medium dense. 5 6/9 15 MC= 18.3 % DD= 111.8 pcf 17.0 - 29.0 ft. silty SAND with gravel, brown 5030 gray, wet, medium dense to dense. 20 MC= 8.4 % tarzz 40 #200= 13 LL= NV PL= NP 5025 PI= NP AASHTO: A-1-b (0) USCS: SM 25 sno 18 MC= 14.1 % 5020 29.0 - 33.0 ft. sandy CLAY, gray brown, wet, 30 very stiff. 8/9 17 � MC= 15.7 DD= 116.1 pcf Project: Troutman Grade Separation Boring: B_3 YYEH AND ASSOCIATES, INC. GEOTECHNICAL ENGINEERING CONSULTANTS project Number: 29-033 Date: Sheet 2 of 2 n ^ Rock Soil Samples T O C F 7. ° ^ r ^ ° a' Field Notes m a a a) E a) Q Blows o Material Description P and o in o a per N Lab Tests Iu 0 6 in � 5015 33.0 - 38.5 ft. clayey GRAVEL, brown gray, wet, dense. 35 24/33 57 MC= 17.1 % Claystone in drive tip, soils caved in boring 5010 i x x 38.5 - 48.0 ft. SANDY SILTSTONE, brown, very x x hard, moist. 40 x x ; x x 50:2" 50:2" x x x x x x x x 5005 x x x x x x x x x x x x x x 45 x x x x x 100:3" x 100:3 x x x x x x x x 5000 x x x x x x � 51.0 ft. CLAYSTONE, dark gray, very hard, damp. 50 100:1.5" 00:1. Bottom of Hole at 51.0 ft. 4995 55 4990 60 4985 65 4980 Ir C70 • • • • • 0 Y YEH AND ASSOCIATES, INC. Project: Troutman Grade Separation Boring: B-4 GEOTECHNICAL ENGINEERING CONSULTANTS Project Number: 29-033 Date: Sheet 1 of 1 Boring Began: 5/27/2009 Completed: 5/27/2009 Total Depth: 31.0 It Drilling Method: Solid -Stem Auger Drill Bit: Ground Elevation: 5046.1 ft Casing: Location: Drill: CME 55 Weather: Coordinates: N: 109.756.4 E: 193,795.9 Driller: Rock Edge Logged By: T. Hansen Ground Water Notes: Final By: T. Hansen Depth 16.0 ft - - - Date 5/27/09 - - - Inclination: Vertical Time - - - - > w u3 0) w p _, w a a ^ o > Rock Soil Samples o o io Material Description Field Notes and 0 Blows 6 in 5045 F. 0.0 -0.2 ft. Asphalt Pavement 2 inches. 0.2 - 8.0 ft. silty SAND FILL with gravel, reddish brown, moist, medium dense. 5040 5 F r ;'. F MC= 5.8 DD= 110.3 pcf 8/10 18 8.0 -13.0 ft. sandy CLAY with sand lenses and trace gravel, brown, moist, very stiff. 5035 10 MC= 17.7 % DD= 113.8 pcf N200= 84 10/17 27 LL= 35 PL= 15 %�AASH TO: A - 6 (15) USCS:CL 1: ., 13.0 -24.0 ft. silty SAND with gravels, brown gray, moist to wet, loose to medium dense. 5030 10 MC=18.5% DO= 111.5 pcf 515 10 5025 20 '�' MC= 7.9 % DD= 124.1 pcf 6l11 17 i24.0 -31.0 ft. CLAYSTONE, brown gray, moist 5020 25 to wet, residuum to firm, waxy. MC= 19.3 % DO= 106.1 pcf #200= 80 10/13 23 LL= 40 PL= 15 PI= 25 AASHTO: A - 6 (19) USCS: CL 30 MC= 19.2 % DD= 109.8 7/10 17 — 5015 Bottom of Hole at 31.0 ft. pcf Troutman Grade Separation YA 29-033 Fort Collins, Colorado January 17, 2012 APPENDIX B - LABORATORY TEST RESULTS wr 10 E 0 • SECTION 00510 NOTICE OF AWARD Date: March 28, 2012 TO: Structures, Inc. PROJECT: 7338 Troutman Parkway Grade Separated Crossing OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated March 7, 2012 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7338 Troutman Parkway Grade Separated Crossing. The Price of your Agreement is Two Million One Hundred Seven Thousand One Hundred Twenty -Two Dollars and Thirty -Nine Centy ($2,107,122.39). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by April 13, 2012. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER By d(r James B. O'Neill, II, CPPO, FNIGP rLA F1,N ,Director of Purchasing & Risk Management 516 Section 00430 Page 2 • • C ' V _ j i I _ I i 100 - 90 80 . 70 - 60 .N w a. so - d L a 40 30 20 10 0I! Sieve Analysis Hydrometer Analysis Sieve Opening in Inches U.S. Standard Sieves ISize of Particles in mm 12' 6" 3" 2' 1' 3/4" 112' 3/8' 4 8 10 16 30 40 50 100 200 ■ . all M all MM1 . CC . -■■EE -- _ � IMMENSE ■. ■i E �— n E ■ ■� Eaon a. • 'Y E M all m mmrn. IN EEC ■sE,�omm MINE._. ...ON E�$ all on E E5 ■E- ''-'-'rE �= ■■.E 1EE: a =—� Z � E �SE�C Eel NNE Ino ■vaMals n�nEEE��i �■■ ■■ON 1000 100 10 1 Particle Size (mm) Gravel (%) 28 LL NV Project Name: Troutman Sand (%) 59 PL NP Sample ID: B - 2 Fines (%) 13 PI NP Sample 20 Depth (ft.): Sample SM / A - 1 - b (0 ) Description: 0.1 0.01 Sieve Size % Passing 2 1/2" 1 Y2" - 1" 100 3/4 " 96 1/2" 88 85 #4 72 410 55 #40 26 #200 13 Yeh & Associates, Inc. Geotecluucal Engineering Consultants SIEVE ANALYSIS Drawn By: MA Project No.: 29 - 033 Checked By: SY Date: 06/18/09 Figure No.: - Revised 04/27/2004 100 90 80 70 60 .N a 50 c d U a40 30 20 10- 0 Sieve Analysis Hydrometer Analysis Sieve Opening in Inches IU.S. Standard Sieves Size of Particles in mr 12" 0' 3' 2' V a4" V2' 3/3' 4 B 10 16 30 40 50 100 200 _ _ ON 0 • ti O ti�� p■ noun's d■M1 11 no MOM No= o ME � ■■ ■�In ■nil �i C ► n •_ IN _N in NNE MEN •���. ■m ■ LC s �� Y � u■ ■ti mom � EN �� ■i�ori■■iim In 0 i ■ : ■��i � C� ■■a�I�iG uiii ri o■ i i_ ti 1000 100 10 1 Particle Size (mm) Gravel (%) 22 LL NV Project Name: Troutman Sand (%) 65 PL NP Sample ID: B - 3 Fines (%) 13 PI NP Sample 20 Depth (ft.): mple SM / A-1-b(0) cription: 0.1 0.01 Sieve Size I % Passing 2 Yz" 2" 1 Y2" 100 1" 92 3/4 " 92 Y2" 86 85 #4 78 #10 65 #40 27 #200 13 I�Yeh & Associates, Inc. VA Geotechnical Engineering Consultants SIEVE ANALYSIS -awn By: MA Project No.: 29 - 032 -iecked By: Sy ate: 06/18/09 Figure No.: - Revised 04/27/2004 Project No: 29 - 033 V. YEH & ASSOCIATES, INC Summary of Laboratory Test Results Project Name: Troutman Date: 6/13/09 Sample Location Natural Moisture Content (%) Natural Dry Density (poi Gradation Atterberg pH Water Soluble Sulfate % %Swell (+) / Consoli- dation (-) Unconf. Comp. Strenth sg R-VALUE CLASSIFICATION Boring NO. Depth(ft) Sample Type Gravel >#4 (%) Sand (/°) Fines < #200 (%) LL PL PI AASHTO USCS B - 1 5 CA 20.8 103.7 - - - - - - - - - - - - - B - 1 10 CA 10.2 129.9 - - - - - - - - - - - - - B - 1 15 CA 21.6 105.5 - - - - - - - - - - - - - B - 1 20 CA 19.0 111.5 - - - - - - - 0.005 0.1 - - - - B - 1 30 CA 17.1 110.0 - - - - - - - - - 8659 - - - B - 2 5 CA 6.8 107.3 - - - - - - - - - - - - - B - 2 10 CA 13.7 116.4 - - - - - - - - - - - - - 8-2 15 CA 11.8 119.7 - - - - - - - - - - - - - B - 2 20 CA 10.4 130.0 28 59 13 NV NP NP - - - - - A-1-b ( 0 ) SM B - 2 30 CA 18.4 113.0 - - - - - - - - - 6534 - - - B - 3 5 CA 8.2 108.0 - - - - - - - - - - - - - B - 3 10 CA 14.6 114.9 - - - - - - - - - - - - - B - 3 15 CA 18.3 111.8 - - - - - - - - - - - - - B - 3 20 CA 8.4 - 22 65 13 NV NP NP - - - - - A-1-b ( 0 ) SM B - 3 25 CA 14.1 - - - - - - - - - - - - - - B - 3 30 CA 15.7 116.1 - - - - - - - - - - - - - Rev 2 - 8/02 P61 of 2 • 0 0 • Project No: 29 - 033 IDA YEH & ASSOCIATES, INC Summary of Laboratory Test Results Project Name: . Troutman Date: 6/13/09 Sample Location Natural Moisture Content (/°) Natural Dry Density (Pct) Gradation Atterberg pH Water Soluble Sulfate ° /° %Swell (+) � Consoli- dation (-) Unconf. Comp. p. Strength R-VALUE CLASSIFICATION Boring NO. Depth (ft) Sample 'I' �e YI Gravel #4 ° (/°) Sand (/°) Fines < tt200 ° (/°) LL PL PI AASH i0 USCS B - 3 35 CA 17.1 — — — — — — — — 0.004 — — — — — B - 4 5 CA 5.8 110.3 — — — — — — — — — — — — — B - 4 10 CA 17.7 113.8 — — 84 35 15 20 — 0.005 — — — A - 6 ( 15 ) CL B - 4 15 CA 18.5 111.5 — — — — — — — — — — — — — B - 4 20 CA 7.9 124.1 — — — — — — — — — — — — — B - 4 25 CA 19.3 106.1 — — 80 40 15 25 — — — — — A - 6 ( 19 ) CL B - 4 30 CA 19.2 109.8 — — — — — — — — — — — — — Rev 2 - 8i02 Page 2 of 2 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 28th day of March in the year of 2012 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Structures. Inc (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7338 Troutman Parkway Grade Separated Crossing. ARTICLE 2. ENGINEER The Project has been designed by J. F. Sato and Associates. The City of Fort Collins Engineering Department who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract • Documents. ARTICLE 3. CONTRACT TIMES E 3.1 The Work shall be Substantially Complete within One Hundred Eighty (180) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within fourteen (14) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Two Thousand Dollars ($2,000) for each calendar day or fraction thereof that expires after the One Hundred Eighty (180) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. Page 1 Section 00520 • 2) Final Acceptance: After Substantial Completion, Two Thousand Dollars ($2,000) for each calendar day or fraction thereof that expires after the fourteen (14) 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: Two Million One Hundred Seven Thousand One Hundred Twenty -Two Dollars and Thirty -Nine Cents ($2,107,122.39), 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. Page 2 Section 00520 • 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 • Section 00520 Page 3 • 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: SHEET NO. DESCRIPTION 1 PROJECT TITLE SHEET 2 STANDARD PLAN LIST 3 GENERALNOTES 4 BNSF GENERAL NOTES 5-6 SUMMARY OF APPROXIMATE QUANTITIES 7-8 TABULATION OF MISCELLANEOUS QUANTITIES 9 GRADING PLAN 10 - 12 STORMWATER DETAILS 13 - 16 STRUCTURE PLANS AND DETAILS 17A STRUCTURE PLANS AND DETAILS - CONSTRUCTION PHASING STRUCTURE PLANS AND DETAILS - LIMITS OF EXCAVATION IN • 17B BNSFEASEMENT 18 - 29 STRUCTURE PLANS AND DETAILS 30 - 39 RETAINING WALL PLANS AND DETAILS 40 TRAFFIC CONTROL PLAN 41 - 42 STORM MANAGEMENT PLAN I - II 43 - 46 LIGHTING PLANS I - IV The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 3, 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 • Section 00520 Page 4 • Conditions shall have the meanings indicated in the General Conditions. 11 11 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. Page 5 Section 00520 • OWNER: CITY OF FORT OLLI CONTRALTO STRUCTURES, INC. By: By: DARIN ATTEBERRY, CI M AC np� z Title: PF�SrDG/VT JAMES B. O'NEILL 11, CPPO, N Date: 4 DIRECTOR OF PURCHASING `����,.••"'••.,.s�i� ANIiS RISK MANAGEMENT GJ;'GGQRP09 •,•� (CORF?OR¢TEJ► :Z Date: I ?/ � T ••� A ' ♦�� -SEAL Attest: ,emuttest: �' 117)le I" j City Clerk `OCreF?-� .. Address for giving notices: v , Address for giving notices: • P. O. Box 580 /N✓EQNEss CT EgST *ZSo Fort Collins, CO 80522 LICENSE NO.: F Approved as to Form 10 " p , Assistant City Attorney Section 00520 Page 6 C] 0 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, ll, CPPO, FNIGP Purchasing & Risk Management Director Rev o/20/07 Section 00020 Page 2 • SECTION 00530 NOTICE TO PROCEED Description of Work: 7338 Troutman Parkway Grade Separated Crossing To: Structures, Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within (_) calendar days from receipt of this notice as required by the Agreement. Dated this _day of , 20_ The dates for Substantial Completion and Final Acceptance shall be , 20, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this 20 CONTRACTOR: Structures, Inc. By: Title: 20_ and day of , 0 Section 00530 Page 1 • SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate 0 r] • SECTION 00610 PERFORMANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that 929545207 Structures, Inc. 4 Inverness Court East, Suite 250, Englewood CO 80112 (eim Individual , (a Pa iiieishiv), (a Corporation), hereinafter referred to as the "Principal" and jstern Surety Company, 10375 Park Meadows Dr., Littleton, CO 80123 (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 Two Million One Hundred Seven Thousand One Hundred Twenty -Two Dollars and Thirty -Nine Cents ! 2 107 122 39) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 28th day of March, 2012, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7338 Troutman Parkway Grade Separated Crossing. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. Rev 10/20/07 Section 00610 Page 1 • • • PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or 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, this4thday of April 2012. ( o eal) INNE S Principal _STRUCTURES. INC,. PR-155 1D ttA'Zr (Title) 4 Inverness Court East Suite 250 (Address) Englewood, CO 80112 Other Partners By: N/A By: IN PRES CE OF: Surety WESTERN SURETY COMPANY Vera T. Kalba, Attorney —in —Fact Witness By: 10375 Park Meadows Dr. (Address) Littleton, CO 80123 (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rev 10/20/07 Section 00610 Page 2 • SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that 929545207 Structures, Inc. 4 Inverness Court East, Suite 250, Englewood, CO 80112 (a i-iElUSt), (9 PRAaer614ip), (a Corporation), hereinafter referred to as the 'Principal" and (Firm) Western Surety Company, 10375 Park Meadows Dr., Littleton, CO 80123 (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 Two Million One Hundred Seven Thousand One Hundred Twenty -Two Dollars and Thirty -Nine Cents ($2 107 122 39) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a • certain Agreement with the OWNER, dated the 28th day of March, 2012, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7338 Troutman Parkway Grade Separated Crossing, • 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. Rev 10/20/01 Section 00615 Page 1 s • 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, thikth day ofApr" 20 12 IN PR S E OF: Principal STRUCTURES, INC. By: LJ � Q�s�t)rcxf or* �A� i �4 IN SEMEO OF•-ll//lilllll���� (Title) 4 Inverness Court East Suite 250 (Address) Englewood, CO 80112 Other Partners N/A IN PRESJ.,116`OF: Surety WESTERN SURETY COMPANY Vera T. Kalba, Attorney -in -Fact Witness By: 10375 Park Meadows Dr. tt eton, 3 (Surety Seal) (Address) 1 NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Rev10120/07 Section 00615 Page 2 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Evan E Moody, Vera T Kalba, Karen A Feggestad, Cory R Mueller, Sara G Hoechst, Bradley J Moody, Individually of Denver, CO, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof. WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to . be hereto affixed on this 14th day of October, 2011. WESTERN SURETY COMPANY zMl*f,POAgt�la 4 Tbuwt Paul 4rBruflat. Senior Vice President State of South Dakota ss County of Minnehaha On this 14th day of October. 2011. before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls. State of South Dakota: that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument, that he knows the seal of said corporation: that the seal affixed to the said instrument is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires D. KRELL i November 30, 2012 i Eat_ NOTARY PUBLIC FJ13 i r r c SOUTH DAKOT( r r r �44444444444444444444444+ D. Krell, Nolfary Public CERTIFICATE 1, L. Nelson. Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 4th day of April 2012 WESTERN SURETY COMPANY Sf �" I L. Nelson. Assistant Secretary Form F4280-09-06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -taw duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. • E • E SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. Rev 10/20/07 Page 1 Section 00630 AO® CERTIFICATE OF LIABILITY INSURANCE DAM 1 4/9/2012 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver CO 80237 CONTACT Erin Threlkeld, CRIS NAME: PHONE (303)824-6600 aC p,(303)370-0118 A-DmDARLESS, ethrelkeld0moodyins. corn INSURERS AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Company 25658 INSURED Structures, Inc. 4 Inverness Court East Spite 250 Englewood CO 80112 INSURERB:Travelers Prop Cab CO Of Amrca 25674 INSURERC:Pinnacol Assurance 41190 INSURER D: INSURER E: 1 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER MMIDDADDLSUSR YIYYYY MM ODIYYY3' LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A 2i COMMERCIAL GENERAL LIABILITY = CLAIMS -MADE ® OCCUR X DTC0324DS411INr11 2/31/2011 2/31/2012 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP(Any one person) 5 5,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 dd'1 Insured 6ndt GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 CGD246 08/05 attached POLICY FX-1 PROIFQT LOC a per written contract $ AUTOMOBILE UABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ B x ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS IAUTOS x T810324D8411TIL71 2/31/2011 2/31/2012 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ x HIRED AUTOS $ NON -OWNED $ x UMBRELLA LIAB F OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 B EXCESSLIAB CLAIMSWADE DELI x RETENTION$ 10,00 $ SNCUP325D2805TIL11 2/31/2011 2/31/2012 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNER/EXECUTIVE OFFIGER/MEMBER EXCLUOED7 � (Mandatory in NH) NIA 052127 /1/1011 /1/201J g WC STATU- OTH- E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe mMer DESCRIPTION OF OPERATIONS below E. L. DISEASE -POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AUach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Troutman Pedestrian Underpass) DOT #929053U City of Fort Collins, the Colorado Department of Transportation and sNSF Railway are named as Additional Insureds as respects General and Automobile Liability. Coverage is primary and non-contributory. A Waiver of Subrogation in favor of the Additional Insureds applies as respects General and Automobile Liability and Workers Compensation. * 652-2882 bnsf@ebix.com Ebix BPO P.O. Box 12010-BN Hemet, CA 92546-8010 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) Threlkeld, CRIS/CHR ©1988-2010 ACORD CORPORATION. All rights INS025 norms m Th. Ar-nPn name and Innn a.a .oniafcrcd male. of Ar.nl2 3 SECTION 00100 INSTRUCTIONS TO BIDDERS 0 n U E CG D2 46 08 05 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED — (Section ll) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a) Only with respect to liability for "bodily injury", "property damage' or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance' applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance', the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance'. This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. • b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage' or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional insured does not apply to "bodily injury" or "property damage' caused by "your work" and included in the "products -completed operations hazard" unless the "written contract requiring insurance' specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance' requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible 'other insurance', whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance' specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to 'other insurance' available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that 'other insurance'. But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible 'other insurance', whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such 'other insurance'. 4. As a condition of coverage provided to the additional insured by this endorsement • a) The additional insured must give us written notice as soon as practicable of an 'occurrence' or an offense which may result in a claim. To the extent possible, such notice should include: I. How, when and where the occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and • iii. The nature and location of any injury or damage arising out of the 'occurrence" or offense. b) If a claim is made or "suit' is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit' and the date received; and it. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the defense and indemnity of any claim or "suit' to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. 0 CG D2 46 08 05 Privacy i Legal -Notices ®2008 The Travelers Companies, Inc. 9 [J 10 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 7338 Troutman Parkway Grade Separated Crossing LOCATION: Fort Collins. Colorado OWNER: City of Fort Collins CONTRACTOR: Structures, Inc. CONTRACT DATE: March 28, 2012 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 complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR agrees to 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 REMARKS: Rev 10/20/07 DATE Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Structures, Inc. Gentlemen: ,20 You are hereby notified that on the _ day of , 20_, the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 7338 Troutman Parkway Grade Separated Crossing. 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: 0 Rev 10/20/07 Section 00640 Page 1 0 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Structures, Inc. (CONTRACTOR) PROJECT: 7338 Troutman Parkway Grade Separated Crossing The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. _ 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Rev10/20/07 Section 00650 Page 1 Signed this day of 20 CONTRACTOR M Title: ATTEST: Secretary STATE OFCOLORADO ) )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 Rev 10/20/07 Section 00650 Page 2 i 0 P 9 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Structures, Inc. PROJECT: 7338 Troutman Parkway Grade Separated Crossing CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for. (Surety) on bond hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of (Surety Company) 0 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. Rev 10/20/07 Section 00660 Page 1 SECTION 00670 Section 00670 Page 1 L 9 0 • DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) ON 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) Period 89 - CONTRACTORIINFORMAT,ION' 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: Cop es of contract oragreement pages,(1)Ildentlfying the `contracfing,patties , EXEMPTION INFO.RMAT<ION and (2) confalmng signatures oft ontracting parties must'be attached_, "r � k. 5 Name of exempt organization (as shown on contract):. Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: E ; I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE Section 00670 Page 1 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. • Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this • may delay processing of your application. Section 00670 Page 1 SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. • 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) Rev10/20/07 Section 00100 Page 1 SECTION 00700 GENERAL CONDITIONS 0 s" GENERAL CONDITIONS • •1 COMTRUCT[ON CONTRACT These GENERAL CONDITIONS have been developed lw using the STANDARD•GONT-RAL.CONDITIoNS OF THE CONSTRUCTION CO ,TRACT prepared by the 6nginecrs Toro[ Contr wt' Dx.,uru nta. Committee. NC]C: No. 19.10-8 (1991) Edition); as a bl.w. Chances to that -document are shown by underllnin&test that h1h+eon added and. .striking thrcueh text that has been deleted. r3CDC. GENERAL CONDITIONS 1910=8 ([ 990 EDrrION) WITH.CITY OFf'OtZT COLLINS 1vIODLFtCAT{ONS (REV 9/99) 0 0 I* 0 0 10 Article or Paragraph Number i Title DE MM -ITIONS TAT3Lr bF coNTrLNTs orz brNrai-g. CONDITIONS Page Article or. Paragraph Number Namber &TItle, 1. L Addenda .............................................1. ...... J 1.^ Agreenneril. ............ ......... 1.3 Application 6�.*�,yment ... .................. 1-4.Asbestos .......................... I..._............. 1 1.5 Bia ........ ...... ........ 1:6 bidding Documents" ...... ............... L7 Bidding Requirements;.:,, I.S. Bonds 1.9 Change Order l:f(1 Contract Documents..."........:.... --------- 1.11 Contract Price",;."__,""._........::..:::..:...::I 2 Co ra ra ct T ini, 1.13 COINTRLACTOF< I 1.14 dejecrive 1.13 Drawl' ngs L16 Fffective Date of the agreement,....,,._„ 1 1.17 ENGI3,TER .1. [IN MNIGWEERs Consuhan-V:..................-."1 119 Field Order ..........:..:........::.................I N General Requirements..,",,,,,;,,,,,,,,,,,,,,;;? 1.2 1 Hazardous Waste.,,,..-,- ............. 2 1.32.a Laws,and Regulations4 Eaws or Regulations,-,,,,.,-, ..... .... . ..... I T-11b Legal Holidays ... ........ ................. 2 1.23 Li.icns . ................. . .............. I .............. 1.24 Milestone 1.25 iNOUCC of Award '2: L=o Notice to Prcwccd� 2 1.17 7 OkWER ........................................ 1.28 Partial UtiliZaLion 1.29 I'M 1:31" Petroleum 1 JI Project.-... .............. .................. ........... 1,32.a Radjoactive%Material ............................ 1.31b Regular Working Hours, 1.113 ----- Resideru, Pro.ie6t Representative, 1.34 Samples.:_.......................................... 2 1.35 51iop Drawings ..............................._.._I .. .............. .............. I ... 7' 136 Specifications............".................. .... t .2 1:37 Subcontractor,,,,,,,,,,,,,,, 71_3$ Substantial Completion ........... ...... 139 Supplementary Conditions,,,,,,,,,,,,,,,,;, 1.41) Supplicr.,... IAI Underground Facilities_.- ...... 1.42 Unit Price Work ... ............ ...... W3 1.43 Work ........................ 1.44 Work Change. Directive—. . .......... 7 1.45 Written Amendment Page Number PRELUMIMARY NfATTERS .... ...... 3 2i I Del ivery of Bonds ............ ............... Capicsof Documents 23 Commencement of Contract 'rim,s, Notice to Proc&d 3 2.4 Starting the Work. ................... ....... 2.5-2.7 More Starting Construction; CONTRACTOR's Responsibility to Report; Preliminary Scheifil.es; Delivery of Certificates of Insurance.--, ---- ........... ....... . ----- 1-4 18 PreconstructiQrt Conference ........ 2.9 Initiatly CONTRACT DOCUMENTS: [INTENT, XMENIDING, REUSE—— .. ......... .. ...... 'I 3A -12 Intent 3.3 Reference to Standard. and Speci- fications; of'rechnical Societies: Reporting and'Resolving Dis- crcparicies .......................... Intent of Certain Terms or Adjectivc ....:............I...............:. 3.5 Amendinv Contract Documents.,_,,,,. 5 16 Supplementing C6rniact Documents 5 3:7 Reuse of Dccuments ................... 4, AVAJ I.A81UTV OF LANl)S; SUBSURFACE AND PHYSICAL coi\ruvoivs; REFERENCE POINTS 5 4J Availability of Lands.,.,_.,_,_,._:, ..... .... 5-6' 4.2 Subsurface and Physical Conditions 6 4.11 Reports -and 6rawin&% ....... ....... fi 4:12 Lim iced Relifince by CONITRAC: TOR Authbrixed: Technical Ditta ....................................... 6 4.2.3. Notice of Differing Subsurface or Physical Condition ut............... ... �5 4:14 FINTOTINMETs Revicw, ............... ...... 1.6 4.2.5 Possible Contract Documents ChanLc.r .... I ............. .............. 6. 4:16 Possible Price and Times Adjustmenis ---- ': ............... .43 Physical Candtions-41nderground Facilities 7 43.1 Shown of Indimtcd 4.3.2 Not Shuwn or Indicated,- 7:...7 4.4 Reference Points 7 t:]CLK: CENIAALCON'01 HONN 1910-5(1990 EU1 FUN ) wi (,T-ry OF (REV *)) Article or Paragraph I Nlurn be -r & *ritic Page Articic.or paragraph Num bcr 1Ndmber&Title 4.5 Asbestos, PCBs, Petroleum. hazardous Wastc,or Radioactive N(atcrial 7mg BONDS AM) INSORANU . .................................. -5�.. 1 -5. 2.Performance: Payment and Other Bonds..__7 .......... 1: ........................... 5.3. Licensed Sureties and Insurers: Certificates of Insurnnce, 8 5.4 CONTRLAUFORS Liability Insurance 9 5.5 OWNERs liability Insurance_-,_,.-__.,_„ 9 5:6" Property Insurance.,,_ ... ...... . 9_10 .5.7 Boiler and Machinery or Addi- tional Property,insurincc .... .............10 ;.4 Notice of Cancellation Prmision_ ....... M .9 CONTRACTORs Responsibility For Deductible Amounts; ........ ... 'I 5. IQ Other SpecialInsuranc,....................I.10, p< I I Waiver of Rjuhuil. 11 5- 12 - 13 Receipt and Appl icatibn of Insurance Proceeds It)- I I 5,14 Acceptance of Bonds and [Mal- ince� Option to Replace.' I_ ....... 1_.j 1. .5.15 Partial Utilization --property Insurance ...... ................. ............... .11 CONTRAcrowti RESPOLMSMILnu.'s ........ 6. 1-6.2 Supervision and Superintendcra:@ &3-6 5 Labor.- Niateriiis and Equipment. 6:6 Progress Schedule ..... I .... M ... ......... 012 6.7. Substitutes and "Oi-Equal` Items-, COINTRACTO16s Expense: Substitute Construction Nlethods or Procedures; FNGINEER's Evaluation __._12n13, 6:3-6-11 Concerning Subcontractors, Suppliers Q Others: Waiver of Rights . _ .... ................. j3-14 6A 2 Potent Fees and Royalties ... ....... 14 6.13 Poxmiti 14 6;14 Laws and Regulations, ................. I ...... 14 6.15 Taxes 14-15 6.16 Me of Premises ................................. I i 6 17 Site I: 6-1 R Safe Structural Lcmding ...................... 15 19, Record Documents .............................15 6.1-0 Safetyind Protection........_.:.--:,,,, 6:21 Safety Representative... __ ,.: ... ..... 16 6-22 flazardCommuniention Programs.,., , 16 6,23 Emcrgencics ........................ ............ 16 6.34 Shop Drawin.os and Sam plcs .............. 16 Nga Number 6. 1) Submittal Proccedures', CON- TRACTOT5 Review Prior to Shop Drawing or Sample Sylimittal, ....... _-16 6.,2 6. Shop Drawing X- t5ample Submit- tals Review by E.,NGLNEEP ...... 16-17 6:27' Responsibility for Variations From Contract Documents,,,::,J.7 6:28 Related Work Performed Prior to hNGH\FMR s Review and :Approval of Required Submittals...... 17 6,29 Continuing the Wark � .1 ------ t . 7 6.30 CONTR--kCTORN General Warranty and G uaranto; ........... -.17 6.3 ) 1 -6.33, Indemnification,_-_.,.,,-,.,_,,,,.- 17- 1.8 6.34 Survival of Obligations ... .... 41 s 7. .0`1 1 - I ER %KORK ........................... ...................... I S 7.1-7.3 Related Work at Site 13 7-4 Coordination_,--- 1.8 N. CAVINER'S RFSPONSIBILITIES j S 8.1 Communications to CON- TRACTOR _., ........... ........ 19 8.2 ReplacEm eat of ENG L\T- EP ............ 13 8.3 Furnish Data undPaY Promptly When'Ne I X SA Lands and Easements, Reports .and Tcstn� .............................. 9 8 , 5 Insurance 19 8.6 Change Orders.,.._:...:::::.::.,.:::,.:.,:, 9 8.7 Inspections, Tests and s Approval.. ...................................19 S.8 Stop or Swpend Work. 'Corm inatc (.oNrrRACT0lZ's Scn•ices.._......... ............... 8.91 Limitations -an 0%VNTR!S Rsponsibillitics ..................... ....... 19 111 A%bestcr, PM, Petroleum",. Ilaiardbus Mwe or Radioactive L,latcrial .................... 19 Evidence of Finandid A=gements . ........................... :19 9. ENGRqEERS STATUS DURING COINISTRUCTION ............................................ _19 .9.1 OWNER's Representative_,,,,..___,_ 19 9.12 Visits to Sit(%!_, �.,: 19 9.3 Project Representative . ........... 19-)l 9.4 Clarifications and Interprc;. tat ions, ........... ...................... I 9.5 Authorized Variations in 2 1 I",JCDC oL"Nmu, m,4rn rlo.,is 1910-si199a Ful rlo�) %Y10TY. OF FORT (701.11N.SM01)[FICAT10,11i (REVIM)) 0 0 10 0 0 Article or Paragraph Pace Article or Paragraph Number k-Title Number 1,;umber &Titic 96 Rejecting DefectiveWork ............. 9.7-9.9- Shop Drawings, Change Orders and Payments .................................... . -1 9 " it), Daerminsitims for Unit Pric.i . c.... -21 -22 9-11-9.12 Decisions on Disputes; HNGI- NEER as Initial Interpreter.,, ....... 2 9.13, Luriftations on ENG[NEERs AuthorityandRespynsibilitic*_,22-23 CHANGES IN THE WORK 23 I(J. 1 OkVNHR•s Ordered Change - 14. Claimfor Adjustment._ : ................. ,23 10-3 Work Not Required bv Contract: Documents,, ......... ............... ..... 23 10.4 Charge Order's ................. ........ ..... . 3. 10.5 Notification of Sur,tYm,_ .... ................ CRANGE-OF'CONTRAdf PRICE, m�"-- -73 1j, 1- 11.3 !"arartict Price, Clai'r Adjustment; Value of the I1..4 Cost of the Wor........................... 14-25 11.5 Exclusions to Cdst of the Work ........ ;. 2i 11.6 CUYRACtOlts Flee I Ll Cost Records* 25-26 ! Ls Caih Allowances ........... ................ ;.. .16 11.9 Unit Pricc Work..-. ........ ................. 26 CANGF OF CONTRACT TIME ........................... 761 I')- I Claiin for Adjustment,-, ......... *"'* ..... * ... 16- 12.2 Time of the Essence - .... -w ........... �6 123 Delays Beyond CON-7RACTORs Control 1-2.4 Delays Beyond OWNER's-wid MNTTPLACTOR's Control rESTS.AND INSPECTIONS: CORRECTION RE-MOVAL OR ACCEPTANCE OF DEFECTIVF WORK 17 13.1 N'otice of Dcfeciu; :..: ................. ........ 1312 Access to the W6rk. ....... _ ....... 13-3 'rests,and (nsPections: CONtTRACTOR!s Cooperation: .......... 27 13-4 Okv\,,ERS Responsibilities., Independent Testing Lalx)ra(ory._:,-27 13-5 CONTRACTORS Responsibilities............... ........ --,27 13.6.13.7 Covering Work Prior to fnspcc- tion-Testing or Approval,,,_,,.-__,_.. Z27 138-13.9 Uncovering Work -at ENGI- I -'a g 0, 1\1 u at b c r NE E-R 5,Request .....................77.28 13,16 OWNER May stop tile Work: ...... 13:11 Corrcction 4,Rcnioval of :-18' Defective 28 13, 1 -2 Correction Period,,,,,,,,,,,,,,,, , 23 13-0 Accepuinve, ofElefective Work'.: ....... 28 1114 -0WN`CR,\1Iy Correct, Del'ectiv Work 28-2.9 PAYlviF.N,rrs'rc) coN-i-p-Ac'r-OR. AND CUMPLETION,, ..... .. .. ....... 29 14A Schedule or values: ......... N 14.2 Application for Progress Payment "_ .... ....... -.1- ...... 29 14: J (,'091'RACTOR's Warrantyof Title 29 14.4-147, Review of Applications fdr Progress PHymentq ...... ......... _?9-jt) . 14.2-14.9 Substantial Completion,,,,,,, 14.10 Partial Utilization --------- 7- ......... 'U-JI 14. 11 Final Inspection .............................. � I 1.1.12 Final ApplieaLionfio? Paylfien[ ........ 31 14.13-14.14 Final. Payment and Acceptance . ...... 31 14AS Waiver o(Claims,,,, .... 111-1. -._51-32 15. SUSPENSION OF WORK THRMINMION, ..... ............. ........... .............. 32 lid OWNER'May Suspend Work .... ...... 3 3 15.-1-15A OWNER flay Terminate, ...... ......... 3 2 15.5 CONTRACTOR I'vlay Stop Work or Term inate 32-33 10., DISPU7F. RESOLUTION 33 17, MISCELLANEOUS_ ...... . ......................... 33 17.1 Giving 33 172 Computation OfTimcs ............ ....... 33 17.3 Notice orclaim ..............................33. 17A Cumulative Remedies ;..33 I i.i Professional pots and' Court Ciists included-. ...... ...................... 33 17.6 Applicable State Laws ............... :33-34 fntentionally: left blank,--....--_ ...................._.. .... 35 EXHIBIT GC -A: (Optionil) Dispute Resolution Agreement ... : ...... ....... _QC -Al 16 1- 16.6 Arbitration (-',C-Al 16.7 GC -Al EJCOC GUNERALCONDI'l IONS 1910-30990 MMON1 INDEX T0.GENEP,,\L. coNDT'rioNs City of Fort Collins m6dificatiom to tht General Conditions of the Construction Contracture not shown in this index Article or Paragraph Num Nr Acceptance -of - Bonds and InNurtince ....... 14 defective Work......_. )0-4.1. 135. 13.13 final Payment .......... ------- 1 ................... 9. 12, 4- 15 LoslUnFICC other Work. by CO NFRACTOR ................ ........ J.3 Substitutes.and "Or -Equal" Items., ... 1z., ............ 63,1 Work by OWNER...... ......................... 2.5. 6.30. L):34 Access to the -- Lands. OWNER and CONT1RACTOR restionsibil i ties___ .site, related Work,::.._...:_ . Work . .......................................... 13.2. 1314, 14.9 Acts or Omissions--, Acts find Om issions= CONTRACTOR .................................. . 6.9: ll 9. 133 E IN GI MEER 9.13.3 OW2ER .................... ............................. 6.20.3.9 Addenda --definition of (also see definition of Specifications) .......(I l6. 110, 6:19), 1 , I Additional Property Insurances„ ............................ _ 5.7 Adjustments" Contract Pric6 or Contract Times 1.51: 1-5. 4.1. 4,12, 4.5.2. ........... __ ... A.5:3,r9_4l9_5, 102_10.4, ................... 12, 14.S_1 15; 1 progressschedul,z 6.6 Aiircerscrit-- definiti6n of "All -Risk' Insurance. policy 6.2 Allowances, Cash ....................................................1 LS Amending Contract Documents 3.5 Amendment. Written -- in genera 1., 1,10. 1.45,31.5, 5:10, 3,126.6.2 ............ : ...... __G-8-2,6.19, 10.1, VIA, IL-2 12.1. 13.122,14J.2 Appeal, OWNER or CONTRACTOR 2: 10, 9.11, 10.4, 1 . 16.5 Application for Nyrnert defulution of 1.3 ...............................9.9 final payment .................. 9. 13.4; 9.13.i- 14 12-14.15 in-eerx,al l ............. ...... 2.9. 5.6.4. 9-10, 15:5 progress payment;,,;,; 14.1-14.7 review or-_ ............ ---------- ............... 14.4- 14.7 Arbitration .................................... ; ................ 16-1-16.6 :Vsbtstos- claims pursuant thereto .................. ...... A.5. 2, 4,5.3 CONTRACTOR iuthcrixed'to stop Work-,,...,,_ 4.5..� de inition of .................................... 1-4 Article or Paragraph Num&r OWNER responsibility for .............. .......... .... 4.5. 1 , 3.10) possible price and times change.. .................... -1�5.2 Authorized Variations in Work,,,,,,,,, 3.6. 6,15, 5l27,9.5 Availability of Lands, 1.1.8.4 Award. Notice Lif-defined, --- .............. __L2_- Before Starting Construction,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Bid-definitibn of.,_,,.,,__,,,,,,,,,,,,, IS 0.1. 1_10t. 2_1 3,3, 6.13. 11.43, 1 t.9. 1) Bidding Documents --definition Bidding Requirements -definition of ............. 1. 7 f 1, 1, 2, 6. 2), Bonds - acceptance of ........... -1,14 ........ additional bands-., ..... to. 5., 11.4.5.9 Cost of the Work ..................... ........ 1 15A definition of .... 1 ...... 1.3 delivery of.. ..; .......... ............................. 5,1 final Application for Payment .................. 14.12-14.14 general ................................. �1. 10, 5. 1 -5. 3. 5.13, 9-13',10.5. 14.7.6 Performance, Payment and Other-,.-,:. 2 Bonds and trisurance--in .,,encral.. . ................................. Builder's risk "all-risk" policy forn, --- ....... Cancellation Provisions, Insurance,,,,_-„ 5A.I 1, 3.5, 5.15 Cash Allowances .................................................... . H.S Certificate ot'Substantial Corripiction., ...... 1,38, 6.30.2.3: 14�8, 14A() Certificates of Inspect ion.. ...... 13.5; 14.12 Certifientcs of Ins,arrineq_1 .... l. 2,7,'i.3, i.4,'l 1. 5.4,13. 5.635.3, 5. 14. 9, 114, 1412 Change in Contract Price— Cash Allowances .............. ; ........ ........ 1.8 clqim for price adjustment ...... ...... 4J, 4.2.6, 4.5, 5.1.5, 6.8.2. )A ll, 10.2, 10.5; 11.2, 13:9, ....... - 11 13;. 13.14, 14.7. 15.1. 15.5 CONTRACTOR's fee ......................................... 11-6 Cost of the Work genes................................................1 L4- 1-1. 7 FXC't ' is'OhS to,,,,,,,;,,,,,;,, 1' ... :15 Cost Records --- 1 ......... ............. ....... I ...... 11-7 in general ........ t, 19, 1.44, 9. 1 U, 10,43, 11 Lump Sum Pricilig .......................................... 11.3.2 N.'atification of Surely ................. .. ........ . ..... 10.3 Scope of.....,....,---. .. .. ....... 10.3. 10, 'resting and Inspection, Uncovering the Work .............................. :_ 13-9 EICDC GENHR.uL CONDITIONS 1910.8 6990 11DIT10m wf c.TTY of FoRTCOMIN'S M0rjFF1C.%'n(JNS tKFV9.f9')) I* 10 0 0 116ii Price Work 11-9 Article or Paragraph Number Valocof Work Ch.inge in Contractvnics, Claim for times adjustrucru: ........ :4,1; 4.2.6. 4.5, 5,15, ...... 1., 6.9;2 9.4. 9.: . 931, 10;1 10.5: 12.1. .......... 13.9, t3.13, 1114,14:7, 15. 1, 15.5 Contractual time limits, ........... ...... Delays beyond CONTTR_,aCTOR!s control...................................... DL,li-ys. Neyond OWNER'S and C0NrrR_AC;rOR!S control ........ .... 1,214 Notification of surety,,, 10.5 Scope of change: .................................... 11.10.3. 10.4 Change Orders -- .acceptance of Defictive'Wor .............. ....... 13.13 Amending Contract Docum enuS ............ Cash Allowances I-S Change ol.Contmct Price........_ ........................... I I Chanue of Con.Lract Times, ......... 12 Changes in,the Work 10 CONTRACTMs fee Cost of Work _1 V.4-1 1'.7 Cost Records.,;__, ...........' 1.1.7 definition of.,, ....................................... ; -------- :.J.9 mergen6ics ..................................................... 6.23 ENGH-M ERs responsibility ....... 9.S. 104. 11.2. 111 czecution of : 1(.1.4 Iddemifiction ............................ 6.1 Z,,6 16, 6.31-6.33 Insurance, Bonds and ......................... i. I f), 5- 13. 10.3 OWNER. may -terminate ........................... J.-5:2-1 5.4 OW*L\TERs Responsibility .......... __!":,J.6, 10.4 Physical Conditions-- Subsurface and, ..... ........................ I ...... Underground Facilities-_ .......................... 43.2 Record Documents ------- 6.19 ----10.3- Scope of Change .............................. 1 0A Substitutes ....................................... :;__63.3, 6.8.2 Unit Pried Work. .............. I ......... ........ 11,9 value of Wmk, wvcred by! ....... ........................ 11.3 Changes in the Work ....................... ------- .......... . 10 Notification of suiety ......... .............................. 1(),5 OkVL\FERs and CONTFLACTOR's responsibilities.......... _............ _10.4 Right Loan adjustment ... ....... :__ ........ _..10.2 Scope or change ........................................ M3.10A against COD; FRACTOR.__ ........ ...... ... ...... fi.16 against ENG NEER .. .... against QWNER ................................................ .. ....... ...... _ ......... ............ 6 37 Change Or Contract i�lcc . .......... I ..... ... 1-.9.4. 11.2 Change of Contract Times ...................... - CONTRACTOR's ---- - ------- 4. 7,1. 9.4,-9. 5, 9. It. 10.2. ........................... i 1.2- 11.9, 111, 13-9, 142N,, .................. I 5: 1. 1 i. q. 17.3 CO'L,,rVRACTOWs Fee ........ : .................. : --- 'J 1,6 Afticli or paragraph Number col,rrRACTOR!s liability ......... J.4; 6.1 _2 6.16, 631 Cost of the Work'_, .... ....... .11.41 11,3 Decisions on Disputes ............................... 9.11; 9.12 .Dispute Resolutio . n ..................... ........ . ..... ........ j6.1 Disputd Resolution Agreement:,.'., ..... 14 .... 16:1-16.6 ENGINBER,as initial interprettai .... w ...... 9-1 1 Lump Sum Pricing.,.,:.---- ..... : .... i�111 1.3.2 'otice of- ..... ...... _ .... ............ ................ .... 173 OWNHR'.s__ .. .......... 9.4. 9.5. 9.11. 1 L'. 2, 11.2, 11.9. .........111. 119. 13:11. 13-1 14: 17:3 OWNER!s liability, OWNER may refuse to make payment ................. 14.7 .Professional Fees and Court Costs .Included ;__ 17.5 request for formal decision oi} ..... ............. 9..I1 substitute Items Time:13stenston ............... ................ ....... ........ 12A Time requirernents_-, ............ Unit Price Work 11:9.3. Value0f....:...: ........... I .......... .................. 11.3 Waiver or --oh Final Patynwnt.................J4.14, 14.1.5, Work Chanse'Directive 10.2 written notice required,,,,,,,,,,,,,,,,;,,,, Q CImificitioris and Interpretations ............. 16.1*9A. 9.11 CleanSite .................................................. ........ 0.17 Codes 6f'l'cchnicqi S(ncicty, Organization or Association Com mencemeat of Contract Times 1.3 Communications— -general .................. 6.9.2. 3:1 [fazird Commimication Programs',;,,,,,,;;;,,,;,,,;J.'22" Completion--, Final Application for Payment ....................... _t4.11 Final Inspection ........ :.7.7 ....... ........... 14.11 Final Payment and Acceptance- ... _ .......... 14.'f3.14.14 Pirtiot Utilization............................................ Substantial Completion_.................... 1.38, 14.8-14.9 Waiver ()F(71ilm:;. j 4.13 Computation of Times ............... .......... 17%11-17. 12 Concerning Subcontractors. Suppliers and Others Conferences - initially acceptable, schedules,,,.,.,,.,._„_.._,-, preconstruction .. ................................................. 2.3 Conflict, Error. Ambiguity, Discrepancy— ........ CONTRA�-,roiz to Report----.---- I 2.5. 3.3.2 Construction, beforc.starting by 7- 5-17 Construction Machinery, Equipment. etc ................... 6.4 Continuing the Work .....................................6.39, 10.4 Contract Documents-- Amending........................................................... 1. i Bonds 5.1 EJCDC: GENDCU-CONDI'l IONS 1910-S (1990 EDIIJOV) M (ITYOF FORT COLONS MODIFICATIONS CREV 9P)9t -Cash Allowances II.S. Artide or Paragraph Num Ler Change of Contract Price ..................................... I I Change of Contract T; mcs ------- ,Changes in the Work ................................ 10-4-10.5 check'and verify ......... ....... ...... * ...... * .... 2.5 Clarifications -and Interpretations ... :.:.3.2: 3.6, 9.4, 9. It ,,definition of.:._:_ -- ...... �.; ....... -.; ... t', --- .... -I w 10 E',\TG[tV[,.FR is initial interprewr of .................. �9.1 I ENGINEER as ....... I .li genera InSUrancet.. Intent............... ........................................ 3' 1-3.4 minor variations in the Work ............. ......... OWNERS responsibility to furnish a-mi ....... ------- N.3 OW -NIFR's responsibility to make prom pt payrn en I ......................... :3. IT4, 14.1 precedence.--.. ..................... ........... ...... 3.1,3.3.3 Record DocurnmLs,., ....... ...... !, Reference to Standards and Specifications ofTechnicalSocieties......... ................ ... 3.3 Related Work .......... .: ................ : ................ ; ....... 7:2 Reporting and Resolving DiscrepancTds ...... :2.5, 33 Reuseof---.:......:_.:,........: .......... ......... .... : .3.7 ;Supplementing .................................................. ... * ................UN . * ........................ 3.6 Teiminarion of ENGT-ERs Emplo)11Wnit,,,S.2 Unit Price Work .... ........... .............................. 11.9 variations .* .......... . * ................... ...... �3.6, 6123, 6t27 visits.to �itc, ENGINEER's ................................ U Contract Price - adjustment of„",,,..._..:, :3 5. 4.1, 9A, 103, 11.2-11:.3 Change of ..... : .... ...... ;': ...... ........ I I Decision 1311 Disputes-- .......... : ........................ 9.11 definition of ..................................................... 1,11 Contract Times - adjustment cf_................... 3S, 4. 1, 9. 4, 10.3. 12 Change of ................................................ 12.1-12:4 Commencement o( .................. .......................... 13 definition tion ot: ...... w ........... W.6 ...................... CONTRACTOR— Acceptance of Insurance.,_.,..,_. I ............ I .......... 5.14 Communications ......................... .............. 5.2. 6.9.2 Continue -Work ................. ............ 15.29. 10.4 coordination and scheduling ......... z .......... 6-9,2 definition o(.... .......... ......... ............................ 1. 13' Limited Reliance on Technical Data Authorized May Stop Work., or. Terminate., ......... 16.s provida site Steens to others ......................... 7.2, 11312 SafeLy,and Protection ............ ....... 1.1, 6. t6, 6.18, .............. . .................... 6.2143.23, 7.2, 132 Shop Drawing and Simple Review - Prior to Submittal ........................................ Stop Work requirements..........................I.......4 5 2 Article pr Par-agraph Compensation_ ... .. ......... 1.2 Conti nuing Ohl iptibR ..................... I ......... :.. 14-15 De.fective Work ........................... .'9,6. 13. 10- 13.44 Duty io correct defzetive Work..........................13. 11 Duty to Rcport7- Changes-in the Work caused by Emergency .......... . .................. --------- 6, 23 Defects in Work of Others .............. ........... 7. 3 Differing conditions 4.2.3 Discrepancy in Documents, ......... 15.'3:12, 6.14.2 Underuround Facilities not indicated,,.,,,,,,, a.3.2 7 rmergenctes ........... .............. ....... w ....... w ....... Equipment and NlachinQry Rental. Cast or the. hark"....,: ..................... 1 ....... ...... 1A 5-3 Fee --Cost Plw............... ............ 11 AJ-6, 11 i5.1, 11.6 General Warranty and Guarantee ..... ........ w ........ 630 Hazard Cummunication. Proararns...., - ................. 6.22 Indemnification_,_""---."„--, .1-5. 12: 6.16. 6-31-6.33 Inspection of the Worl; ...................... ...... 1. 7.3, 13:4 Labor, Llvfatofialsand Equipment .................... 6:3-'6.5 Laws and Regulations, Compliance hy .......... :--6.14.1 Liability Insurance:_:...:........................... 5.4 N-otice of intent.to Appeal ....'010 ........ 10.4 obligation to perform and complete theWork, .............................. ................... .p.30 Patent Fees anti Royalties, paid for by ................. 6-12 Performance and Other Bonds ........... . .... ........ j-1 Permits, obtained and paid for by ....................... 0.13 Progress Schedule— , ..... .- 1 -4 2.9, 6.6, ...... ........ ; ------ 29. . 104, 15,21 Request For formal deci%ionon disputes ........... ;.,9.1 I R6pqnsibilitics Changes in the Work...._ ------ . lo-I Concerning Subcontractors, Suppliers and Others ....... AS-611 Continuing the Work ..........................6.29, i0A CONTRACTOR's expense ....... : .............. (3.7.1 CONTR-,kCTORs General Warranty .and Guarantee ....... ................... .. .... 6.39 CO NTRACTOFZ's review prior to Shop Drawing or Sample submittal,,,,,",,."_" ""."5.25 Coordimition ofWork .............. 6.93 Emergencies ............................................ ENGINEEWs evaluation. SuLz tiwtes or "Or -Equal" Items...---...__ ................ 6,7.3 For Acts and Omissions a C Others ............................. 0.9.1.6:9;2, 9-13 for deductible amount,, nsurance .................. J,9 general ............................... 6"7,2, 73, 8;9 Hazardous Communication . Programs........ � 6.2 2 1 nde in n i fit cation ................................... 6.31 -6.33 LJCLX:. ULNUkALCONDIIIONS 191U-S i1990 COMOM %VA-ITY. OF FORT i,.v.v9!wj 0 I* 0 E, I- L-1 Labor, Materials ind-Fquipment ............... 6.3-61, 5 Laws and Regulations ... t:__ ...... ... __ ...... Liability Ensuranco.,,;. L_ i 5.4 Article or Paragraph Number Notice of variation from Contract Docurncnus.......................................... jG. 27 Phicric Fees and Royalties ....... ....................... 6- 12 Permits'a".- ........... 6,13 Progress Schedule . ............ ....... 6,6 Record Docurnents ........ ... 6.19 related Work performed prior to ENGINEERs approval of required submittals_ j!5.28 safe structural loading, ................................. ti. IS Wety and Protection .......... ......... 15.20. 7:1 13.2 Safety Representative ........ .................. __6.2- -1 ,Scheduling the Work, ...... ; ............ ....... 6.9.1 'Shop Drawings and Samples ....... ................ 6.24, Shop Drawings.iind Samples Review by ENONEEP ........ 4:.,6 26; Site Cleanliness r- �. 17 Submittal Proccchircs� ................................. .625 Substitute Construction NfUllods and procedures 6': 7. _2 Substitutes and "Or -Equal" [tents ._ 7.1 Superintendence .................................. ...... Supervision .................................... .............. 6.1 Survival of 06ligitians 6.34 Taxes- ........... ........................................ P. 15 Testy and fnspc'ctl*ons . ........ 13.3 ToReport .......................... ...... I ............... 5. Use of Premise;;,,,,;,,;,;,;,,;,;;, 16-6: 1 IN 6. 3.0.2.4 Review Prior to Shop Drawing or Simple Submittal, ................................... 6.2� Right to adjustment for changes in the WorK ..... 101.2 4 right to claim ; 7.1, 9.4, 9,5, 1 To .2 11.2, ....... 7:11.9. 12. 1, t4,8, 15.1. 15,;.' 17.3 Safety and Protection ................... (5.20-6.22. 7.2. 13.2 Safety Representative ..................... .................. 6.1-1 Shop Drawings and Samples Submatali ..... 6. 24-6.23 Special Consultants-.,,---, ---------_----- 11.4.4 ,Subqtitutc Con struction Methods and Procedunisfij Substitutes and "Or -Equal' Items, Expense.......... .......6.7.1. 6.7.2, SubcoriLractors. Suppliers and Others ........... 619-6.11 Supervision anal Superintendence...,_,_, fij, 62,621 Taxes, Payment by ........... _ ....................... ...... 'i. 15 Use of Prom i . ses; t 6 -6. IN Warranties: nd guarantecs ... 6.30 Warrqnty.o[Titte, .............................................. 14.3 Written Notice Required-- CONTRACTOR'stop Work or term mate ...... 15.5 Reports of Differing. Subsurface and Physical . onditions ........................ 4.2.3 SuWtantiaf Completion................................ Uii i_0 ....... ........... .......................... 17 Cofitractual Liability Insurance,-, _ - ------- ;A. Ili Contractual Time Limits 11i Article or Paragraph Nuniber Coordination- COI4TR.%cToRs responsibility., .................... :.§.9.2 Copies of Documents ....................... ..................... Correction PeHod 'or Correction, Removal Acceptance of DqjJqnve kkfork-- in general ................................... 16,4.1, 13.10-13.14 Acceptance of De ' fective Wor k.___ ....... ........ j 113. Correction or Removal of Dejoclive Work.................................6.30, 13 ' I I Correction Period OWNERX-lay Correct Defective Work . -J 3,14 OWNER IN(ay Stop Works ............. ......... 1110 Cost— ciTests and hispec(ions ...... ............................h3. Records 11.7 Cost of the Work - Bonds and insurance, additional...................1 1:4. - 5.9 w Cash Disunu.j..., :011 1; A 1:4, _1- COINTRACTOR's Fee 11.6 Employee Expenses, ....... .........._.............,..I Exclusions,to I L5 U crieral 11.4-1 1.j Runic office and overhead cxpcnse;.p _1 Li Losses and'dain ilges ........... ......................... 11.45:6 Materials,mid cquipment .................................I 1 4 7 ,Minor expenses....._ . ..... _ ...... 4., . ........... 11 IA51.18 Payroll costs on changc� ................... ....... 1.1.4.1 perf4mcd by Subcontmctors.-, Records 11,7 Renfrtis o(construction equipment and machinery- .. ...... ....... i I A 5.3 Royalty payment;; permits and license Tees.....................................4......11:4.5,_. Site office and temporary facilitiles: ... ........... I 1Ai1 Special Comailmats, CMTHZACTOR'i, .... 4...... 11.4.4 'Supplemental---._:,.:...._ ........ !__; ............ .._.l L4_5� Taxes related to the Work 1.1.4:5.4 Tests andln'spection' ................ ........ ...... Ij.4' co 1'rade Discounts;: ............. __ ....... .......... j 1. 4.2 Utilities: fuel and sanitary facilitic.s__, ..... 114 i-7 Work after regular hours ..... ...... 6 ....... I L 4.1 Covering Work.., ..... ... ........ ...... 6 ....... 13.6-13.7 Cumulative Remedies., ........ ...... ... ... : ........ 1...17.4-17.; Comm,, fitting and patching 7.1 Data, I, be ftwnisfiod by QWNICK..4 .... _4 ...... 4 ............y: 3 Day --definition of Decisions on Disputes ........ ....... : .................... 9.1 I, 961-1 tkfectm.,--lefinition or ............ I'l defective %work 10.4.1, 13.11 M OTY,.,F FORT COLLINSMODIFICATEONS (REV lii)91 Correction,or Removal of,,,,,,,,,,,,,,,,,,,,,, 1614.1; 13,11 Correction Period 13.12 ingeneral,,..,„ J3, 14.7, 14.11 Article or Paragraph Numb Observation by ENUUNEER .............................. .,. 9, 2_ OWNER May Stop Work ................................. IJ:10 Trana pr Notice of.Delucts ..................................13.1 Rejec Ling .. Uncovering the ............. ::JIS Definitions_............................................................... I Delays ........ 1 ............ ........ 6.2-9. 1 13=12.4 Delivery of Bonds... Delivery of certificates 0i insunutce................7 _-.12 7 .Determinations -for Unit Prices .............................. :.�9. 10 Differing Subsurface or Physical Conditions - Notice of.:_ ....... --- 1 ....... L .... --------- _4.2.3 ENIMNEETs RcN:ic%v ....... :. __ . . ........... _.; ..... :4 2A Possible Contiact Documents Change,,,,,,,,,,,,,,, t,? 5. Possible -Price and Times Adjustments ............ - Disc rep antics -Re purting and Resolving, --- ------------- 1.5; 3.3.2. 6,142 Dispute Resolution— Agreement .......................... : ................... J6.1-16.6 Arbitration ,general 16 Mediation......................................................... t6_6 Dispute Resolution Agreement_ ... ........... f6: 1-16.6. Disputes, Decisions by E-NCKKEER ................. Q. 11-9: 1 Documents -- Copiesof ...................... ............. ......... .12 Record 6.19 Reuse of---- ... ...... ...... : -.33 Drawines:-'definition.oE ......... ...... 1-15 Easements .............. ..... * ................... ....... ......... 4.1 Effective date o(Agreement - definition of ... ............. 1,16 Emergencies, .... .. .......... . _,_ ............ ENGMEER- as initial interpreter on disputes,,,,,,,,,,,,,,,, 9. 11-,9.12 ilerinition,of ' * ...................... ....... L 17 Limitations on authority and. respaMibiliti,-;, ..... 9.11, Replacement oC .................. ; 1 ............. 1 .......... 2s'-1 Resident I'rojcct Rebresentative ................ t); 3 ENZGr\-7EER!s Consultant -- deCinition qf..................1.18 EMGl_NEER!s-- authmityand responsibility, limitations on ......... 9.13 Authorized Variations inure Work, .............. J.5 Change Orders, responsibility for....,. 9.7, IO. lt. 12 Clarifications and (nterpretation-s ...... ..... 3.6.3, 9A Decisions on Disputes,,,,,,,,,,,;,,,,,;,,;,,,,;,,,, 9.11 -0. 12 d/evtive Work, notice of 111 Evaluation Of Substitute it.an 7.3 Liability .............. I ....................... t�;. 3 1, 9,1 Notice War'- is Acceptable ------ 1 14.13 Observations ............................. ............. 9. , OWNFWs Repmstma6ve ...................................9a ......................:...........0 C'ivmcms to the CONTRAcmR.- Responsibility for.,- ...... 4:z ....... 9A 14 Reiiommendatiun of Payment.....,.,... __1 ---- 144, 14'13 Article or Par agraph Number Responsibilities--Limitationsan ................ 9AT9.13 Review -of Reports on Differing Subsurface and Physical Conditions --- Shop Drawings and Samplm review responsibility ....... .. .. .................. ............. 6. 26 Status During Construction— authorized variations in the Work ........... 9.5 ...... Clarifications and lnterprctation�........ 7 .........9.4 Decisions on Disputes ................. ....... 9. H -9.12 Determinations on Unit Price .......... 10 SNIGINFFR as Initial lmcrprctcr,.___..9.l1_9.l2 FNG MEERs Responsib ' .... % 1 -9, 1 Limitations on HNG NIFFFVs Authoriry and Responsibilides ...... ........ _ ............ 9.13 OWNER's Representative„„........- x-171....Q.1 Project Representative..,_ ..... ; -7-19.3 Rejecting Defective Work ..............................9.6 Shop Drawings, Change Orders and Payments....` Visits to Sitem._:: Unit Price determinations .......................... ...... 9.111 Visits to Site ..................................................... 3., Written consent required .............................. 3.7.9.1 Equipment, LaWr, %frittriats and,..„ ................... 6.3-6.5 Equipment rental, Cost of the Work.................... 11.4.5.3 Equivalent'Materials and Equipment ............... ......... 6.7 error or omissions .......... ........ 0.33 Evidence of Financial Arran-emeni$.,.: ... _ - - i: I:- : ... �. I I Explorations of physical conditions ................ ....... :i.2.1 Fee, CONTRACTOR:s--Costs Plus.:.........................11.6 Field Order - definition a( 1.19 issued by ENCILIJEER ............................... 3.6, L 9.. i Final Application for Piyment ............................... 14A2 Final Inspection ....... ; ...... ........... ........................ J4.11 .Final Payment -- and Acceptance ............ _ ....................... 14.13-14J4 Prior to, Car cash alloviinces .................... .......... 11.8 General Provision.s.....__ ... ......... ............ .... 17.3-17.'.4 General Requirements - definition of., ........................... ........................ 1, _0 principal reCerences tt) ............... 2.6, 6.4_6.6k63, 6.24 Giving Notice-.. . OtiamntceoCkVL,rk.-M,C.O.N-TP--\CTOR.,, ,!5.30, 14.t2 Hazard Communication Progrnni,s ..... " .................... 6.12 Hazardous Waste— detinition ot. ........................ ...................... eeneral ................... ... .... _ ....... 6VNER'g responsibility for .... I ...................... L:;C'W. CIr.,NEP_VC0.NDi rio;qs igio-s o9qu Lim nom %YtCt'TY. OF FORT COLUN9MODIFICAMON3 (REV 9199) 17J 0 0 the sufficiency of the financial resources and ability of the bidder to perform the contract • or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: • Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. Rev10/20/07 Section 00100 Page 2 0 0 0 Indemniflcation .6., 1 6.14, 6.3 It6l.33 Initially Acceptrible ......... 1_1:___2-.9 Inspection -- `Certificates o ..... 9.13.4. 13.5, 14.14 Final M66.lc of Piiiigriph Number Special, requirttl byO�TGFNEER ..........................9.6 Tests and Approval-,-,,,, ... ;__: ....... :_8:7, 113-13A Insurance.- * Acceptance of, by OWNER ............................... 3.14 Additional, required by changes in the Work ...... 1,45.9 Before starting the Work... ....... .......... ........ 2.7 Bonds- and --in genera[ Cancellation Provisions 8. Certifimtes of ...... _4.7. 5, 5:3, 5.4: 11. 5.4.13; 5:8 ' 5,14, 9- 114; 14,12 completed operations .... ............................. ... 5 4:13 .CONTRACTOR:s Liabiliiy:_ ........... _ ... . ........... 5,4 COMIRACTORs objection to Contractual Liability A. . 10 deductible amounts, co N*i;tAcrows responsibility ....................... 1 ...... ......... 3.9 Final Application for Payment - .-..; .......... 14.1 _2 Licensed t 5.3 Notice requirements, material chanues... ..... 5.31 A.5 Option to Replace., .......... ........... �' 14 ...... .other special insurances........... m. ...... ................ OWNER as fiduciary to insureds .............. i. -12, 5. 13 OWNER!s Liability .............. 0..__..........__...:......:'-5 OWNM's Respcmibifitn� .............................. Partial Utilization, Property Property..: .................. ............... i.6-5. 10 Receipt and Appi ication or insurance 1procceds. ..................... ....................... ?, 12-5.13 Special Insurance....-,,__ ............ ...... -------- 5.10 Waiver of Rights... Intent of Contract Documents 3.1-3.4 Interpretations and Clarifications,...„............ 3.6.3,9.4- Investigations of physical-condiLion.!k .............. .... :4:2 Labor. Miaeiial's and Equipment .......... ... 6.3-6-5 Lands -- and Easements.._ ........... ___ ................... ..... __..3.4 Availability;of, .... _ ----- .............. ........ 4. 1. SA Reports and Tests: ...... ......... .,t ............. _.__ ..... _ A Laws and Regulations --Laws or Regulations-- ............................... .1. Changes in the Work..:::,. -_-::..:.:....:...............a f).4 Contract Documents.-.. ------- I ..... L .... 3.1 C01111TRACTOR's Responsibilities...,.... ............. 6.14 Correction PeriodAlfeefive Work 13 - I Cost of the WorL taxes.- .................. .......... 11.4.5.4 definition of 1. 22 generaliS.14 Indemnification Insurance ...........*...............:......................... ............................................................ 5.3 Prccedcrice. I., ...... 3.3.3 Reference to.__ ., : ____13.1 Surety and Protection...._ ....... ... 6.20. 132 Subcontractors, Suppliers and Others .......... 6. 8-6. I'l Article or Piragr;ph Number Tests and Inspectionss. .................................. 13. use of Pic M isei. ......... Visits to Liabilitv fnsuranc67� coNt-RACT6RIv. ............................................... 5.4 OWN-Ews- ... ....... --------------- ............ Licensed Sureties and Insurqs 5.3 Lierfs' ' - Application tar Progress Payment ...... ............. _14. c6,NrrR.-\cToR,s W.*rantyae'ridc....,_, 14.3 Fintil Application for Payment ....... ; ...... ;... ........ j4.12 definition of .......... 4'* ..... .... Waiver of Claims:_ ....... .................................. I 4J5 Limitations on EN-GINFER!s authority and responsibilities .... .1-- ...... .;: ------- --9. 1 Limited Reliance by CONTRACTOR Authorized ............. ............. 4 .....................11 ,Maintenance and Operating Manuals— Final Application foFPayment ............ ...... 1.4,12. Manuals (of others)-- preccdeace._ ................................... .............. Murerwc.to in ("OnLiICL D&UMenL5: .......... ...... 3,3.1 %laterittisand equipment -- furnished by coNTRACMR... ............... not incorporated in Work .............................. ,Materials or equipment--cNuivulcnt__ 'Mediation 163 Nfilestonos.-del"inition of ...... ....................... &Jiko[ianeous Computation oCTimes-, ----- ...... J 7�.2 Cumulative Remedies 1.7.4 Giving Notice ........ ............... Notice orClaim........... ................ ............... ITT ProfQssional Fees and Court Costs Includ0- _J 7. Multiqirime contracts..._...:.:._ ........ ......... 7 Not Shown or Indicated_.,,,,..,-_..__....,. 1.12 Notice or - Acceptability of Project _ .............................. _1433 Award. derinition of .... Z71"....". Claim.4 ....................... ...................... Def&ts. 13,1 .Differing Subsurface or Physicil Conditions-_-4.23 Giving .... . ... J7.1 Tests and Inspections.... .... I ............................ 113 Variation, Shop Drawing and Sample , ............. _6 2 7 Notice to Proceed - definition of.,,,., _ ..................................... l.26 giving Or ...................... ...... ......... 1-3 ...... ... V EXLK: CENEatAl. CONDI 110uN 1910-3'(1990 LDIIIQ%I) W/MYOF Notification rciSurcty� )(1.5 01-isemations, by ENGINEER: ...... C-30. 9.2 Occupancy of the Work,,._;,.,,,,,,,;, 15. 6A0,2.4, H. to Omissions; or acts by CONTRACTOR... 9.13 Open Peril policy form. Insurance .......................... 5.6.2 Option t6 Replace ...... .................................. 5 1 .. 4 Article or Paragraph Number ,"Or Equal'* lams......................................................5.7 Other work 7 Overtime Work —prohibition o( ..... ......... ......... 6,3 OWNER — Acceptance of defective Work.......................... 13; 1 appoint an EINGLNEER ........... ......... _1111"-.1.11 8.1 as fiduciary-,, .............. 12-5:13 Availability of Laridi, responsibility ....................4.1 definition o(.,_,.,, .............................................. 1.27 data—farnishi .... ...... :--- ---------------- ...... ............ 1.3 ZMay Correct Defecdve Work;; ............. .......... 1.304. .Mnv re 'e . . refuse to ma'- - payment,,.,,,,_._., .................... 1 43' -kfay Stop the Work...._ ................................... .May Suspend Work, Terminate,,,-,,,,,,,,,�,U. 13, 10, 1 i; I - 1 �A Payment, make prompt .............. ....... x3, 14.4, 14.13 perforniana: or tither work .................................. 7.1 permits and licenses. requirements_,........!--.:-..6;lY purchased insurancerequirements,-,,::..„_..; 5.6-5:10 MVN,ERs;- - Acceptance of the Work ...... ................. - 0 30.2:5 Change Orders, obligation it) executc . ......... ;8.6. ILIA, Communications .......... SA Coordination of flee-'V�--'* orL ........... I.- ............7:4 Disputes; request lard6cision ..................... ......�.11 Inspections, tests and approvals, j 1 3. 4 LiabilityInsurance._.::::..---`....... ;....5.5 Notice of Defects ......................... .......... j 3.1 Representative -During Construction, rUNGRHEEWs Stiirus .............. Responsibilities - Asbestos, PCBs. Petroletan; Hazardous Waste or Radioactive Material 5: 10 Change Orders: .................... ........ ....... Changes in the %Vork .... communications ......................... ........... CONiR.�NCTOR'3 responsibiliticq,_ .... I. I I... I ... 3.9. evidence of financial arrangements .............. 8.11 inspections- tests and ....... 83 insurance .............. I ....................................... 'i,. i lands and easements ..................................... 3 4 prompt payment by....._ ........ --- .... I ......... -8.3 repliicement of ENGINEER. ............. __ S.2 reports and tests ............. ............................ .8A stop or suspc nd Work ................... $. S, 13. 10, IS. I terminate CONMACTOR.:s services ------- --------- separate representative at site ............ ................. 9.3 testing, independent..,........._ ..........................13.4 user or occupancy or the Work.._ ......... ............ a. I 5, 6,30.2.4. 14.10 written consent or approval required ......................................... 9.1., 6.3. 1.1.4 EJ(,WC3EXDLtLCOND1F16,N5 19109 it 990 EDI 11 ON! w"CITY, OF FORT COI.NNIMODIFICA [10N� 1.RFV9!99j 0 r] L 0 0 0 40 Article or Paragraph Num K-r -written notice .... 4;__J_ 1, 9A. 9- 11, .................................... 11.2, 11.9. 14.7: 15%4 PCBs__ definition general . ................... ............ . ........ ................... _4 5 OWNTER:s responsibility far ............. .................. A.10 Partial Utilization - definition ....... j-28 acneral 6.30.2.-1, 14.10 Property Insurance...... ...... .............. _ ........ 5, 15 Patent Foes and Royalpe.q........................................ 6.12 Payment Bands ................... .: .... ........ ...... 5 .1-5.2 P"iyntenm Recommendation of .............. 14.4214:7. 14, 11 PavineMs to CONTRACTOR and Completion- Applicacion for ProgessPayments, ................. .. 14.2 c o:,rrRAC*I'OWs Warranty afTitle, ------ Final Application for.Payment ........... w .............. 14.1 -1 Final [nspection ............. ................................. 14.11 Final PaYinent.and Acceptance ................ 14. 13-14.14 gene. .............. ...... ....... $3, H Partial Retainigc................ ................................... _ ... 14�2 RcvicwofApplications for Prowess Payments .:: __ :: _; ':. 1.14.4-14.7 prompt pay-ment --- : ...... 1_1 ... : ..... .............. I ..... :._.Jl Schedule of Values ...... *"'*'* ........... * ... * ......... I .... 1:4,1 Substantial Completion,• .............................. l4.S-14.9' Waiver of Claims, __14.15 when payments do,; ............................... . 14,4j ]4_b withholding payment ..................I......................14.7 Performance Bonds ...... ...................... .............. ;, I-i.2' Permits ___ .... 6 13 Petroleum -- definition of ..... ........................... .................... j,30 general................................... ........................... ;.5 OWNMR's responsibility for„_,......... _._J. 10 Physical Conditions -- Drawings of, Mar relating to ......................... 4. 'A FNIGINU.R's review 4. 14 existing structures ------ .. ...... ------ general4.2, 1.2_ ...... ...... .................................... Notice of Differina Subsurface or,................ 4.23 Possible Contract Docuritents Change :4.2.5 Possible Price and Times Adjustments,,_,,..., 4.16, Reports and Drawings...................................... Subsurface and Subsurfice Conditions ..... ......... . 1 Technical Data. b� COINI'M M:rOR Authorized Underground Facilities— general.................. ................................ ..... 4.3 Not Shown or Indiettedi.,_ Protection of xii Arti6le.or Paragraph �Tum ber Shown or Technical Data...............................................4.2.2 Preconsnetion Catifercrice.. .................. 2.8 Prelinitniry Matters ------ -2 ------------- I ....... Prcliminary Schedules 2:6 Premises. Use'of ... ................................. 6,16-6. 18 Price, Change of Contract * .............. . .......................... I I Price- ConLir;ict-rdefinhion Progress Payment. Applications for ........... 14 2 Proaress Payment-mcetai . nagcI ................. . ...... ........ 14.2 Progress schedule, C0NJ'.RACT6wk ........... 2.6; 2A 2.9. 6.6. 6:29. 10.4, 15:2. 1 Project -definition ...... ;1_31 Project Representative-- EN(HINCER!s Status During Construct ........ Project Representative, Rcs.identdcfmition of .... . .. 1.33, prompt payment by O}VINER..:.:..... ......... ... 8,3 Property l4urince Additional.. * ............. * ........... * ........ * ...... ** 5,7 izenera15.6-5. 10 Partial Utilizatibn------ t'5 ' 15. 14.10'2 receipt and application or proceeds ............. 5, 12-5, 13 Protection, Safety and;;,,,,,,,,,,,, I ....... ; ....... alo-6.2 1, 13:2 Punch list Radioactive defiritibn 1.31 general4.5 OWINER's responsibility for .....................:„-,,,,;MO Pe.c.ommendmion of Payment .................. 14.4, 14:5. 14,13 Ricord Document.%, .............. 1 ....... ......... 1-1-16J9, 14. 121 Records, procedures Car maintitinin ... .......................... I'S Reference Points 4;4 Referen%e to Standards and Specifications or Technical Societies .................... I ............ 3.3 Regulations. Laws and(or)........ ............................. 6' 14 RejectingD&Jkive Work ... ............. __.9.6 Related Work -- at Site 7.1-7.3 Nrformed.prior to Shop Drawings and 9ample.%.submirtals revicNv ..... ......... is Remedies, CMIL111tive ............................. 1.7.4; 175 Removal' -or Correction ofDo/octiva, Work .. ... ......... J3. I I rental a.-rcementi,.OWNITER approval required., ... 11 A5.3 replacement ofENGLNEEP, byOW.-\TER ....... I ........... A.21 Reporting and Resolving - Discrepancies' ..................... .......... 2.i, 33_26.14.2 Reports - .and Drawings.. qn;J Tests, OWE 's responsibility', ....... Resident and Project Pepreqentifivd-- definition 6C. 1.33 provision for ........................................... ___ ...... .... 91 EH' DC GENEItAL CONDII IONS 11110-SM990 EUMOM w/ c.T'ry OF Fcar 'REv Article or Paragraph Number Resident Superintendent, CONTRACrOWs.., .... 1___61, ResponsibiiiLies-- CONTRACTOR:s-in general .............................. _., 6 ENTGWEERs-in -cricral Limitations a; 13 CAVNERs-in general ......:s Retairtige--- :_z.. ....... : ............... --------- ----------------- 14; 2 Reuse of Documents Review by CONTRACTOR; Shop Drawings. and Samples Prior to Submittal,..,, ----- Review o[Applications for Progress Payments..: ................................... 14.4-14.7 Right to in adjustment............................................1o.2. . Rights of Way--------------. _.............. _ ......... ... 4.1 Royalties, Patent Fees mu( ............... ....................... 6.12 .Safe structural Loading,,,,,,,._, 6. IS Safety -- and 6.16; 6.18, ------ 7.2. 112 general......................... Representative, CONTRACTOR!s ....................... ().21 Samples -- definition of ......... ...... .......... 1.34 general ..................................................... 0.24-6.2S Review by CONM\CTOR .................. ............. 6.25 Review by, ENGINEER: .............................. h.--26. 6.27 related Wor ....................................... ................V.22 submittal of k, 2.1.2 submittal procedures ........... ........................ 0.25 Schedule of progress. '2.8^:9. 6.6. -------------------------------- 629. 10.4, I5-2. I Schedule of Shop Drawing• ind Sample Submittals: ............................. 2.6, 2:3-2.9, 6.24-4C,M Schedu e of Values __-2.6, 2.8-19. 14.1 Schedules -- Adherence to ..................................................15, .....................................15, 2.1 Adjusting........: ....... I ..................... I ............ I ...... 6.6 Change of Contract Times .......... .... : ................ 1.10.4 Initially Acceptable_.-. ....... ".i ...... --------- ...... 18, 19 Preliminary..._ ....................................... �6 Scope of Changes..._ ................... .............. 10.3-10.4 Subsurface Conditions ..................... ...... . ......... 4.11:1 Shop Drawings— and Samples, general _ ................................ 6.24-u :29 Change Orders & Appli6atians for" Pavrilents, and_:...:......-'--"- ...... ..... 19.7-9.9 definitiOn. of,. ....... :: ---------------- ........ FINGUNII-FK's approval of _35.6,2 CNGR\rEERs resperisibilitY for review:_ ... ......... ........ .......... 9,7, 6.24-6.28 related WWI, --------------------- ......... . - ------- review procedures ......................... 4 ...... 2_4, 0."4-6:2x Article. or Paragraph Number submittal required ............................. .................. 6.24a Submittal Pri:K;Mures 6.25 use to,approve substitutions ....... ---- ---- 6;73 Shown or Indicated ............................. ............... r AS. I Site Access......................................................7.2. 2 13.- Site Cl'eanliness.. 17, Site, Visits to - by 11NG IN C LR. .... ------ : ........ . ............... 9.2. 13.5 - byothers.-_.._. ................................. 13,2 •Ispeu , ial causes of loss" policy form, in.surunue -, ..................... ...... -- ----- definition of 1.36 Spccifications definition of ................................ ...... ;. L 36 of-Tcchnical.Socictics, rcrerence to ............ I precedence ....... ......................... ......... _J, 3.3 Standards and Specifications of'rechnicat Societies, .... I ...... ... ......... _ �3.3 Starting Construction; ........ Starting the Work_ ----- 77.7 ...... Stop or Suspend Work -- by CONTRACTOR 15.5 by ............ ...... S.S, 13.10, 15.1 Storage o[materials- and equipment,,,,,,,,,,,,,,; 4' L 7.2 Structural Loading, Safety ....................................... 6.18 Subcontractor- Coitcerning ....... .......................... 6.8-601 definition of ..................................... ............... j.37 delays1-111 ...... I ....... I ................. ....... ...... 12,3 waiver of.rights................................................0.11 Saibecritractors--in,uencral ............... ;,_1 ............ 6.8-6.11 Subcontracts --required provisions...;_: _ 15,11. 6,11, 11.4.3 Subm klak=- Al5plications for Paymenk .................... ............ 14.2 ,Maintenance and Operation Nlaquils ............... 14:12 Procedures _13 Progress Schedules ........................ .......... . 6. 2.9 Samples..... ...................................... Sehedule.of Values ......... : ........................... 2.6; 14..1 Schedule ot'Shop Drawings and Samples Submissions., .... I ................................ 2A 2.829 Shop Drawings ......................................... 6.24-6:28 Substantial Completion- certification.orr.............. ---------- definition of. .................................................... ) -3$ Sub�titutc Construction Methods or Procedures�, . 6:7.2 Substitutes and "Or Equal" itcm.s. ------------ .......... 6.7 CONTRAGTOR!s Expcnse ... ........ U V""IGINYEFR's Evaluation 6-7.3 "Or -Equal .................................................... Substitute Construction Methods. x;ii EJCCC: GLINICY-V, CONDIIIO�'M 1910 U i 1990 EDI [ION) W(ITY. OF FORT COLLINS morwF1C.01ONS (REV ')nj9) 9 E 40 0 0 9 Article or Rdra=aph Number or Procedutes'...._ Substitute ficM.S. Subs - urface and Physical Conditions-- Drawings of. in or relath- to ........................ 4.2. 1.2 ENGENFEERs Review 4.14 general...:_..:,:. ..... ...... _4:2 Limited Reliance by C(0147RACTOR Authorized 4.12 *Notice of Differing Subsurface.or Physical Conditions... .... I. -I; ...... .................. 4.13 Physical Conditions ....... ........ ; Pbssible.ConLract Documents Changes,,,,,,,,,,,,,,, 4.2.5 : Possible Price and-finies AdjUStMenLs__ .......... ;4.2.6. Reports and Drawings._ ............................. :4.2.1 Subsurface and Subsurface Conditions at the Site Technical Data 4 22 'Supervision-- OWNERshnil not.supervisc ' ................................8.9, FNGfNIEER shall not supervi.nq ......... : ...... :9.42, Superintendence ------- ! .... a- ...... 6:2 Superintendent, CONTRACT(DR!s rcsidenl ...... 6 Supplemental costs...............................................11.4.5 ..................... * ...... ' ...... t 1-4.5 Supplementary Conditions— definition of .............._ .....................................1.39 principal references to ........... 11), 1, 18, -'.1 ................... 4..3, i 1, 5-3: 54 5.6-5.9, .. ..... ....... 5. 11 6.3. 6, 13; 7.4. 8.11. 9.3,_ 9. 10 Suppl'ementin" Supplier -- definition of principal references to ........... 6.5, 6,3-6.11. 6_N; ............. ... ......... 74, 9:13, 14.11 Waiver of Rights; .................... Surety -- consent to final payment ............... ........ ;14.12_1 14A4 ENLGFITEFR has no duty tcl ................................ 9.13 Notification of 15:1 qualification o( ... ....... .............................. 1 -5. 3 Survival ofObligations:......... ................ .... 6,J4 .Suspend Work. OWNER stay_.__,,,,._,,,,,,,,.__ 13, 10,, 15- 1 Suspension,of Work and Term inatioriL,..... 15 CONTRACT01Z k[ay Stop:Work orTerm inate .................... ; ....... ............ 15.5 OWNER May Suspend Work.....:_ ................... 4_1 5. 1 OWINER 'May Term inate ..................... T,maxes_-Pa�ent bv CONTRA(I'OR ............ 615.2-15.4 - 1 i ....... . Technical Data -- Lim ited Reliance by CONTTRACMR................. . 42'.. 2 Possible Price and Times AdjusEnients............... 4.16; Reports.of Differing,Subsurfice and Physical Conditions ................................ _.4.2.3 siv remporary constructicin facilities ......... .......... .......... 4.1 Article or Paragraph Number Tcrinination-- by C0NITIGkC7T0R ....... :r ......... -1- ....... .....)5s by OWNER ......................................... 8:14; I j. 15.4' Or ENGINEERS emoldynient, ............................ _.8.2 Suspension of Work-in genera I .............................I Terms and Adjectives . dj 3-4, Tests and lrtspectioiis-- Access to the W.617L by others ........ ............. 1-3.2 CONTR.-kCTOKs responsibilitics., 13.5 cost of 13.4 covering lUprk prior tq__ ... t ...... 1 36-137 Laws and Regulations (or) 13.5 Notice of Defects OWNER ?vlay St op Work..-- -------- 13,10 0WINT.R's.independentlesting ................... J3.4 spe6iril, required by ENGINEER ................ 96 timely notice required ... ............... I ................. 134. Uncover-iri, theWorl- at ENGINEERs request .-s, ---- 7 ......... 'times-- Adjusting., ............................ ................... Change of Contract, ...... .: ........ .11 ... Computation of.. ............... 1 7 2 Contract Timer -definition o.f, ............... ....... .... 1.12 day......... _ ........................ _ ....... .......t7.2 2 'M i lestoncs ..........................................................1 Requirements.- appcals. __ .......................................... �9. 10, 1.6 clarificatiurs, claims and disputes .... IT Coal menceiue at of Contract Times__-.: i.2:3 or� Prcciin%tructi Conference ....... I � schedules ...................... ).6, 19, 6.6 Starting I the Work 2.4 Title, Warranty ............. ; ............. ___14:3, Uncuvcrin.,, Work ....... ; ..................................... 13.3-13:9- Underground Facilities; Physica I Conditions- dzfinition of 1 .. .- . ............................ M ......... ; ...... IAI NotShowncr rndicatcd.:_;_,,. Protection of .......................................... j.3 6:211 Shown or fridicatekt Unit Price Work - claims 9:3, definition of ............................................ ........ L42: generalll,9. 14.1. 14.5. Unit Prices. - general 11.3.1 Determination for 9- if Use of Prein iseq,. 6.16, 618, ........... I .................. 6.30,2 4' Utility owncrs ....... _ .... ............. :i.!3; 620, 7.1-7.3, 13.2 Utilization, Partial ---- 1 -13, i. I i, 6.30. 13, 14.10 Value of the Work- ................... I L3 Values. Schedule of - ...... ...................... 6: 2.3_19. 14 L EJCDC CENELULL CONDITIONS I Y I 043 (19911 EDITION) wl CITY OF FORT COLLINS MODIFICAPONN: i-REV 941P)i Variations in Work -.Minor Authorized 6.27,9-51 ,Article or Nfagriph Nuniber Visits to Sito—by ENGINEER .................................... 9" Waiver of Clairiis--on Final Payment, .... 13 Waiver of Rights by insured rxirtici... ........ ...... �, 11, 0.11 Warranty and Guarmitce. Generai--by CONTRAC7OR ................................... ...........6.30 Warranty of Title, CON71ZACTOR.%,_.j__:: __:_J4.3 Work Accrto . ................. .................. ......... ........ 13.2 by9th ........................................................ 7 Changes in the__, ....... 7 ....... ........... .......... Continuing (he ............. ............ ............ .... .6.29 CONTRACTOR May Stop Work or. Terni inate ............... 15.5 Coordination of Cost of the.....:..: : definition of .............................. . ..... I ................ 1-43 neglected by CONTRACTOR ............................. QA4 other Work,. OWNER Nlay Stop Work ....... T, ...... 7z_.1110 OWINER Nlay Suspend %Vork* ..... ........... 3: 10, 15: 1 Related, Work at Site ..... I ...... I ........................ 7.1-7.3 Starting the,_,_ ... :_.z.:.__._ ........ L. — - : ..... 4 Stopping by CONTRACTOR _.., ......... Slapping by.OWNTER ................................. 15. 1- t5A Variation and deviation authorized. minor-„--_ J.0 Work Change DirmliVC— Claims pursuant to ....................................... J0.2 definition of-, ......................... _: .............. .......... 1-44 principal references to ......................15.3, 10.140.2 Written Amendment -- definition of:.:....:.:_ .. ... 1.45 principal references tq .............. I , 10, 13? i 1(), 1512, ................... 10,1.1Q4; 11.2, 12.1, 1112:1. 14.7.2 Written Clarifications and Interpretations, .............................. ... 3:45.3, 9-4. 9.11 Written Notice Required — by CONTRACTOR ......................... _11, 9.10.9.1 1, ---------- .................. ...... . -i 1QA 11". 111 hv OWN�ER -9.11, ........ _... �). 10 IQ.4, 1112, 13-14 X V L:J(Xi: GENERAL CONDrrtoNs mo-s b9go Lbmot<) wt CITY OF FORT COLLIN'S MODIFICA RONS (.RFV 9!99) 0 I* Pi o--i (19qu ail I Lom Sri QTYOFFORT Pi GENEIkAL COINUMONS :ARTICLE-t'- DEFTS-ITIOivS Wherever used in these General Conditions or iii.the other Contmet Documents. the- 'following, terms have the moaned,as indicated which are' applicable to .both the singularanii,plunal thereof, •I.l.. :Adiknida-=Writtcn or graphic instruments issued prior to. the opening of. Bidswhich clarity.• correct or clump the Bidding Requirements or the Contract Documcros. 1.2. .Agreentetu-'rhe written contract betwecn,OWNEiR and. C0F7'CRACf 0R' ruvering the, Work to be performed,, other Contract Documenu. are attached to the Agreement and mad: a part thereof as provided Lhavin. 1.3. Application jbr Pavmata-'rhe form aeccpte'd by PNC,IVL6R which is, to be used by CONTRACTOR in requesting prngrccd or -"final pay.mcnts and which is in the accompamsl by such supporting documentation as is required by the Contract Documents. 1.4. asbestos --Any material that contacts more thanorie ix-rcenrashcstos and is friable or is relcasing-.ashestos'llbas into the air nl:xwe current action levels estahhshed hv'the (fniterl States Occitztional. Safety and Fiealth Admuaitration. ' I.i, Rid--Thc offer or pgopgstl of the bidder submitted in the prescribed form settirg rortln the prices`fgr the, Work to be perCurtned, L& Bidz ft Docrmrents—The advertisement or invitation to Bad utsrrubtioru:to bidder, the Bid-fonn,'and the.proposed comraci Documents (uicluding ill,Addenda. issued prior to receipt of Bids); LT Riddvig Regairznnenis-The, advertistmint or invitanoreto.Bio:'6utructionsao bidders, and the Bid.form: l.R_ Bandy-Perfomrmce and Pavment bonds and other instruments of security.. • 1.9, , e.tatge, 'Order —A document recommended 'by" E%r-GL\'Q:R which, is signed, by CON RACTOR rind OWNER'and authorizes an addition deletion or re'v siiva in the (York, or an adjustmentin the C'Munc t price or the Contract Timis, issued on or aver the Etlictive Date of the .AgreemenL l,lti. ConUuct Docrirnvkr -Tfie cA}nemcnI, rldden(a (which pertain to the Contract Dmumenls)_ CONT FLY_ r0 R's Bid (including documentation accompanying the Bid and any post Did documentation submitted prior to the \oticc of award) when attached as an exhibit to the AgreenicrL the, Notice to .Proceed: the Bonds these Grncal Conditions. the Supplementary Conditions, the 5VeciUmions and. the .Drawings as the FJ(M- (:OE\FY U. CONDCRom le)io f own EcStiw M MY OF FOR COLL I M MODIF!C.t ❑ON5 (Ra' NZaoq) sari a art- more specifically identified in the _.Agreement. together with all, Written_'Amendments, Change Orders• 'Wcrk.Chartge Directives, Field Orders and ENGNEER:s written interpretations and clarifications issued pursuant to paiagraplis 35. 3.6.1 -and 3.'63 on or alter ihr Effective Dare of'tlte Agreement— :Shop Dratcing solintittaIs approved pursuant to p'•am_traphs 6.26 and 6.27 and the reports and drawin6 .referred to in �traemphs .4 _: t. and .2.2 are not Contract Documents. 1.1 I. Conttnct Price —The monevs payable by OWNER to CXNTRACTOR for completion of the Wori in accordance with the Comrnct Docunicnis as stated in the Aarcemrnt (subject. to the pftiviiions. of panngraph 11.9.1 in the case of Unit Price ((Cork). 1-13• C'antruct Times -The numbers of days or the diws.stawd in tic -Agreement: (i) to achieve Substantial ,Completion. and (ii) to Wrnpletu the Work so that it. is ready fir final payntant as evidenced by 6NGNBF.R's written recommendation of final payment in accordunec with r amghph 14,13.. 1-13. C(IVIRACTOR-rhe person, 6rm it corporation .widrwhom OWNER_ has emceed into the Agreement 1.14, &,Jf chvz—:An adjective which when modifying die word Work roferslu Work that ispnsiusG•actiuy, faulty or deficient in that it does not. conform to die Contmct pocumcnts or dd:s nor, meet the requirements, of any inspection; reference standard test or. approval refened to in the Contract Documents„ or has been damaged prior to E'NG MEEK'. recommendation of until payment (ijaless responsibility for the protection thereof has been assumed 6}- 0Wl tFR at Substantial Completion in aycordanpr with Paragraph I4.8 or 14.1 % 1.15. Dtawinga—The dnwines which show the scope, accent and character of the Work to be furnished and pcdormed.by CONTRACTOR and which have been prepared or npproveilby L�l(i ,VEER and to at the Commetr Documents.. Shop dmovings are not Drawingsas so defined. I.Iti, Effeeive .Dateof the agivemeni-The rkate inclicawd in the Agreement yn which it li&omes"affective, brit if nu suoh;Iate is indicated it means the date on which the :Agnfcmenr is sunned and delivered by the last or the two parties to sim and deliver, 117, ENCIWEER—The ptrsyn; •fiat[ m corporation named as such it the Agrermrnt. 1.1 & E:VGLYEER i Conmlrvhft A person, time or corporation having a contract with LNGENLER to fumish services as ENG[NCSRR's independent pro(essiohal associate or consultant with respect to tfio Project and ryho is ickntifrcd as such in the Supplemenary Conditions. 119. Field Omer —A, written order issued by EVGNEER which orders minor chmges in the -Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the ContractTimes. I* 0 i 0 1,20. Gencraf Rerliiir,emems=Sections ot'Division I of -the Specific atiow, 1.2 L Kasurcloira Waste -Tire term Flaw_ rdous-Waste i;h U have the mamir� provided in Section 1004 of IhC Solid Waste Drsj?osril :i c,;C(j2 USC Section 6903), ns ?mended from tim a to time: . I;'_'_.x:, Laws and Re,{idatiuns; Law:i- or-Regrrlahritq-- Arty. app and all licable laws:. rules,. iegufations..ordinanees,. codes .and � orders.gf tiny and; pull �go'vernmenial boilies- •agencies..authorities and courts havin`junsdictiun., 1 22.b. Legal HcUddvr-shall be those holidays observed by the City of Von Collins, 1.23: Licim -Liens. charge, security. 'interests or encumbrancesupcm real property or perserval property. I?4. •Afil.ctotre--A principal event spccifird in the Contract Dagumentsaelining to an intermediate completion date or time prior to Substantial Completion of all the. Work. 1.25, Narine eifAwani-A, written notice by OtVVFR to. theapparcm-succassful bidder starting that upon compliance by the apparent sucxesstul bidder with the conditions .precedent enumerated iliercin, within the time specified, CWNL•R will sicri and deliver rhe.:1__reennent. 1,36. ;Nonce to Prmeed—A written notice given -by =xF.R to COYrIRACT'OR (with a copy to E'VGNF.ER) fixing. the date on which the, Contract Times' will commencr: to runandon which CONTRACTOR shall start to perlorm. CONTRA&01;'S ghligationa under the Contract Documents. 011YER-71he public body or authority; corporation. associationn, firm or person with whom CONTR—ACTOR has entered into the rlgrcenient and for whom thS work is to be pi&ideiL I.M. Paiiial Utilkation-Use.' by MN@R of a sutrtantially completed part of -the Work .for the purlosci: for which it is intended (or a related purpose) prior to Substantial Completion of all the WorL 129, PCBs —Polychlorinated biphenyls_ 1:30. I'atro!rimr-Petioleuna: includiry,crude oil or any fraction thereof %which is'ligiiid at standard cci ditiuns of temperature nand pressure (60 deerxs Fahrenheit and 143 pounds per square inch absolute), such its oil, petroleum: fuel oil. oil sliidge; oil refuse. gasoline, kerosene and oil mixed with other non-11atardtus Wastes and crude 131 Project-Thetotal construdicir of which'the Work to be provided. udder the Contract 1-6e11111ehtS' may be the whole,. or apart as [reheated clsewhcre in .the Contract - .Dpeuments. 1.31a. Ratkoucrive.:blo!edal-Sourccr special;nuclear,.or b}lxoduct material as defined tiv dna Atomic Fnergyr Aet of F-K'DC GENFP iL CONEx,riot:9 I7 tols 099V.E616cat art CITY 01; PORT Cutts Nffi)IFIC.A1 IONS (REV+V2n1101' 1954 C42USC'Scction;'?ell •at ag.).at amepiecl,from- time to time. 1.32.1). Rretdar Wrirliire Noma---Regalar working hours are defined - as--l:DOam to6:00pm unless othcnvi'se sntcitied in the GeneralReguirancrim. - 1.33. Res!tent Prtye'er. prsrre»tutiva—The-'autorized repfeientatiVeo[ENGNMER who may be..nssi6meq'to the' site, or any part thereon 1.34. Samples -physical exam plm of materials, equipment, or workmanship that, are representative of some portion of die 'Work and which establish the standards by which such poriion rif the Work will be judged 1.35. .Strap Ura rditgs:r\!l drawings, diagrams.. illustrations, schedules and other data or information ,which are specifically prcpand orasscmbled by'or for CONI'R� CTOI . and submitted by CONTRACTOR to illustrate some portion'of the Work.', 1.36_ Spec fcatiau—'!'lose' portions or the Contract bowa-uinlents consisting of lcritten technical descriptions of materials, equipment, constriction systems; standards and .workmanship as - applied, to 'the Work and. certain adnminLsLm6ve.u'tai1s alr)alicable thereto. 1.37, ..Subcontrgeror---An individual, firm orcoiporation having a direct contract yvith CUNT. RU:TUR or with any other Suhcontmetor for the performance of-n part of die Work at the sites 1_33, .,Substantial _ Completion--Thc Work Cor .a specified part dtereot)-has.progrzssed to the point where - an the opinion tit ENGINEER. as evidenced by CNG[NGGR's defin tive certificate of Substamittl Completion, it is sufficiently complete, in aecordtince with the Contract Documents:so,dnat. the Work (unspecified part) cart be utiliizd fci the rurposes .for whirl[ it is intendedl or .if. no :such certificateis issued, when the Workis complete. and ready for final ,payment. as evider=d. lay ,FNGtNF.FR's writtenrecommendation of final payment in accordance with paragraph 14,13: The terms "subslanlially complete" and "substantialty coo» pleted" as applied to all or part pf the Work refer to SubstantialCom plctionthereof, 1.39: Stippieniewai). caidiriorir—The tart of. the Contract Documents which amends or supplements these General Carditioru: 1.40. Supplier —A manufacturer, fabricator.. supplier,. distributor. maierialman or vendor havim_ a direct contract with CONTRACTOR or with tiny Subcontractor to furnish materiuls•or equipment to be. incorporated in the Work by COVTR-\CTORor-any Subcontractor. 141: Uhdergrorvrd Facilities —All pipelines, conduits, ducts, cables, wires, manholes.. vuulL-, tank- tunhels or other such Etciliai,e or attachments, and any encasements containing such facilities' which have been installed umdorgrounrLto,furaish anv of the hollowing services or materiaLc: eltctricity. gases-, steim, liquid petroleum products, telephone ar other communications; cable television, sewage and ihainage. removal_ traffic or other• control systems or water,. 1 43, [hilt Price 16-ot-4Work to be paid fur on tlie'bask of unit prices. 1:43: R'urk-The entire completed construction or the various separately identifiable parts thereaf'reg6ircd to be furnished. under the Contract N.cuments. R;ark includes and is the result of performing or runishing� labor and firnishing and incorporating materials and. equipment into the construction. and performingorfiunuhing services and firnishing documents, all as. required by 'the Contract Docdnams. 1.44: ltnr- Change Directive -A. written directive to CONTItAC,TOR, iszued on or alter the Effective Date of the Agreementandvigncd.by OWNERand.recommendpd by E� [GNEER, ordering an addition deletion or revision in the Work, or responding, to differing or unforeseen phy'slpI conditions tmdcr .which the Work is to be performed as provided in parngaphA2 or 4.3 or to emergmciies under paragraph ti.23. A Work "Change .Directive will not change the Contract Price or the Contract Times- but �ts evidence that. the parties- expect. that the change directed or ducumenwd by n. Wuik Change. -Directive will be incorporated in a subsequently issued Change Order following negotiauoos by the parties is to its etl-ect, if any, on.the Contract price or Contract 'times as o prvided in paragraph l (.2. 1.45. i{'ritten Ankukb enL-A wtritten amendmenof the co ntract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with dic-nonengincering or nontechnical rather than stricily ctvtstruction-related• aspects of the Contract Documents - ARTICLE ARTICLE 2-PRELMINARY NUTTERS "Difivoy of Bonitv:' .J.. \Cheri CONTILNCLOR, delivers. the executed Agreements to OIVVER CON'tTLICTOR shall also - deliver to OWNT-R such Bonds as.CONT[CACTOR may be required to furnish in acconlarice with paragraph 5.1. Copies ojDocuntent- , - OWNER sh:dl furnish to CO=dTR\CTOR up to ten copies (unless dtherwi se specified in the- Supplementary Conriittono) of the Coconut Docurnenls:as are.re'astmably necessary fur.the execution of the Work, Additional copies will be lurishcib.upun requesL at the cost ofrcpivvluction. Contmenc ernent of Contract Timev:. Notice to Proeeeit 2.3.The Contract Times will commence to run on the thirfietli day after the Elective Date:of'the ..\ryeetuent, or, EKDCc;E 6Y_"LL.COVUrno:V 1910o3 tt1p1a E66cuq Wt aver cr- FOwr COLEINs atoutraC.\nous nccv •trcuoj ,if.a �7otice to proceed is given- on. the clay indicated in the Notir..c-to Proceed..A Notice it) Proceed may. be given -at any Hine"w•ithi'n thirty daysiatla the Effective Date of the .Agreement.' �:�+tnmaaed-ie-sod-f a taFthan-t#te-siv>- -irt`�daraAer-Utz-iJe} opBmd�aptnimtg-ar thcthirtieth day -after; the-ElTecFivt-l7atz of -the :-\creerttenE-whichever-date-is earlier. Storting the )✓prk; 2.4. CONTRACTOR shall start to perform the. Work an the'date when,the Contract Times commence to run, litre no Work shall he done at the site prior to the date on which the ContmCt Tinies commence to run ljefinre;Stnrtbtg Cnrr smiction: '_ -Before undertaking each part of the work; CONT[:-Ar_'roR shrill carefully study and compare the Contract Do6menm .and check and 'verify prt.ment figures shown thereon and all applicable Geld measuremeruc CONTRAGMIZ shall promptly report in writing to F:NCHNEER any conflict. error, ambiguity or di-gcrepaney' which d:ONT.RACTOR, miry discover and shall obtain a written interpretation or clarification from ENcrINEER before proceeding with any Work affected thercbyt however. 4ONTRAC!-OR shall not he liable to OWaER.or EINGINEFR. far failure toreport anyconluct, error; ambiguity or discrepancy to .the Conrad Documents, unless Coi,!"rRACPOR knew,or rr=nably- should Piave knownthereof, 3:C. Within ten days :otter the Effective' Date of the \grecnhcnt (unless othenvisr specified in the Gaherjl Requirements), CON[Fu\CT.OR shall submit to LNG NEER,for review; a preliminary proeresss :schedule indicating tnc times (numbers of days or dates) for starting; and completing the various.4agcs of the Work; iicludiig any in the Contract Documents: L6.2- a preliminarysclhedule or'Shop:Dmwing and Srunple sulamihals which \sill list each required submittal and the times for submitting, reviewing and processing such submittal'. .2:6-2a. In no case will a :uhedidd .be acceetable which allmVs less than 21 cidmdir days for each review by Etimneer. 3.6.3: A preliminary schedule of values for all of the Work which will -include quantities iutrl prices of items aggregating the Contract, Price and will subdivide the_Work into component parts in sullicient detail to serve as the biisis for progress. payments during construction Such prices will include- tin appropriate amountof overhead and profit applicable to each done of Work. 1.7. Before any Work at the site is started. rCON',TR M'OR on�W -qrF shall eaih deliver to the etheF OWNEhvith copies to each-a4dit+oeal in r<d itied-R -in�he-Supplameatarv=Canelitiexr- F:N'G(VE(iR 0 i • 0 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security.made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. If a specific product type or brand of material or equipment is indicated on the drawings or specified in the specifications, three types of such product will be listed and the bidder may use anyone of the three or an approved equal, if the equal is acceptable to the engineer. The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. Rev10/20/07 Section 00100 Page 3 • 0 _certificates of institance (and other evidence of insurance wktish—either—<>F-thdtn�f-and-xc)ditie.�na l=iw'ur:rt—m nv reastmabl}=ri�qucsF , requested by OWNER). which 60\TR�CI'OR-anc4'4�F?.`61�-Fest?c ;.ti':aly-aea is rtquzed. tb. purchase and maintain, m accordance with Ixarngrnphc5,146mjd'4?: Preconstruction Cunftrence: 213. •Within hwenty days after the Conuacr'rim 6 start to tiro bucbefgre any Work'at the'ste k started, it conforcncg attended by CONTRACTOR ENiGMER and othersus' appmp--me wilt be . held to, establish a working understanding among the parties as to. the Work and to discuss �thd schedules referred as in. paragraph 16- procedures for 'handling Shop Dmwitu_s and other submittals processing Applications for 'Payment and maintaining regdired records. InRWI.V: l eceprable Soh eduler .29. Unless otherwise provided in the. .Contract Documents; er-4e.,st-t..rHday*4l, lbFe !s Lmissiati-eFlhaf-tcst 1ppli aiii,a_ Pnyment It:fcxe am work at the site hecitts, a conference. nitcnded hw-(':ONIRAC OR, ENGlIVRrR. and othersas_'appriipFiate-&sunned by OWNT:R;will he Field to r v-iiw for aecetttability to FNIGINFER as provided below the schedules, submitted in accordance with paragraph.-'_.h, and Division I - Genarll_RggS !iremcros, CONTRAUMRshall Fdtve an additional ten days to make corrections and adjustments and to complete, andresubmit the schedules No progress pay-mcrit shall be made 'to CONTRACTOR until the schedules are submitted to and acceptable .to ENG1MER, as provided. below. The progress schedule 'will he acceputhle to F.NGFNr-E.ER its providing' an or&rly .prow ssion of the Work. to completion within any slxcilkd Milesuincs .;and the Comma Time&, but such acceptance will neither uulxisaon E lG4\' MR' responsibility for the sequencing schciltiling or piowess of the Work nor interfere with or relieve CONTRACTOR front CONTRAOTOR's itill responsibiliiy thercloe CONTR•V_"TOR's schedule of Shop Drmvingand Sample submissions will be acceptsblb to FN-GFNiF.E.R` as providing a \cimkahlc arrangement for reviewing _and. prxtssitg. the requ'ardd 'submittals CODITRiX&OR's sdteduleof.valpes will bd acceptable to 'M\IGU1-ERai to roan and substance. ,ut-nc LE'3—CoNi rt2Aur DOCLTXIENTS: I-N- NT :iLti EN MNC. REUSE Intent 3.1- The Contract .Documents comprise the entire' aaeement between OW't-ER -and CONTRACTOR concemine fhb Wbrk. The Contntct Documents are: complementary; what is called for by one:is.as binding m if cdlcd for. by all, The. Contract Documents- will' Lt. construed in accordance with the late of theplace: of the Project. -3.2. It is the .intent of the Contract Documents to E7CUC c;f}7to {t, r'p;1t,}t't7pia5 I'J ttl8 l! Y+/V Eulipn of CITY OF PORT CLILLI.M \IODIMA FION5 ail•\'nflcUOl deseribe a functionally complete Project (or part thereof) to he constructed in accordance with the Contract Documents. Any Work,, materials or equipment thal may reasonably be interred [runt -the Contr;act Documents or from prevailine custom or trade usage as: being required to produce the 'intended' result will be furbished and performed whether or not _specifically called'far.. When words Cr,phVaSdS. \Vh eel have a well known technical or constructionindustry or Crude 'meaning are used to describe Work: matcraals- or equipment, such words or phrases shall be imerpreted in iaccordance with that, meaning. Clarifications and imcrpretatiarts oGthe t_tmiract Documents shall be issued by. IiNGENFFRIos provided' in pimgraph 9.4., 3.3, Reference: to 'Stattdards and Spicrfrmaons of Tedinical Sticietiex: Ngportiitg. and Rc.2nlving Discrepait cies: 3.3:1: Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the'l,mvs or Regulations of any govemmenml, authority, whether such -reference be specific. or by implication shall mean_ the latest standard_'spcciiicmion; manual, code, or Laws or Regulations urtftcct atr}ie time o0opcnina o6.Bids (or, on the Effective Date of the Agrecmcnt'if there were no :Bids). Xa:pr us oiay' be otherwise: specifically tmtcd in the Contract Documcnts. 33!3. JE during the performance of the. Work,. CONTR,\e'TOR: discov�em any' contlict error, ambiguity or discrdpartty within the Contract Documents or Ixgvem the, Contract Documents and arty- provision of any such Law or Regulation applicable to.the pertomta nce of the Work or of any such stancanl,' ecitication, manual or node or of ;iny .insvucrion of am' Sup plieri'eterredtaIn paragraph 6.5. CON M\CTOR shall report, .i1 to FNGLN=- , in writing.. of once, and, CONTRACTOR shall not proceed with the Work ioeaal therein• (exceptiit in emeruency as' authorirzd by paraaiaph o:_3) until an anlendmcrit or supplement to the Contract Documents has hero issued by one of the methods' unheated in pimarzlih'35 or 3.6: ixovi fed, however. that C'ONTItACTOR shall not be :liable to OWNER or EIi GLNTEL'R for failure to report any such contlict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably sh 61d have known thereof. 113. Except its otherwise specifically stated in the Contract Douumetmi or as .may -be provided by amendment or supplement thereto issued by one of the methods indicated. in pamrT.aph 3.5 or 3.6, the provisions of' the Contract Documents shall take preUdenec in rcvwlvim: any conflicterror; ambiguity or discrepancy.Letwcen tFie provisions of the contract Documents and: 3.3.3.1. the provisions of any such' sin uni specification, manual. cede,or instruction (whether er not specifically incorporated by reference in the f;ontract:Docuntents); or 3,3.3,3. .the provisions of any, such Laws or Regulations applicable to the performance of the Work (unless'- such. an interpretation of the provisions of the Contract Documents Would tdsult in violationofsuch Lav or Regulation). No. provision of anysuch standard_ specification, manual, code or *instruction shall be-dTective to change the duties and!, respnnsihilitiu� of OWNER, CONTR.Acrok or F_VGIiQFF:R; OF env at' their subcontractors, consultarttc. agents, or employees from those set forth in .the Contract. Documents, nor shall ivlx affective to assign.to�(WNIFN,. FINGINEFR or any 61747NOWEE• R's Consultiahts agents or empipyces.any duly or authority to supervuu: or direct the burnishing.or pert'or Once of the Work or any duty or authority to undertake responsibility inconsistent. with the provisions of paragraplh 9,13 or any other provision of the Contract Documents. 3.4. Whenever set eta Conuact Documents the terms "as ordered" "as. directed"; "as required% "as allowed", "as approved" or turns of like effect or import are used; or the adjectives "rma.orible". "suitable, "acceptable, "proper." qr "satisfactory" or adjectives of like efTcet or import are used to _describe a requ-vemenr,. direction, ,review, or judgnent ofE_N:GL\-EER as to the Work. it is intended that. such requir'ement direction, review- or judgnxtit will be solcly -to evaluate, in EteexraL. the completed AVork for compliance with the requirements of arui.tnformatibn'imthe Contract Documents and corttomtance with the design concept.of-thecomple dProjectasa,functioning.}vholc'as_ shown or indicated in the Contrac: Doanients (unless there is a spei:iU statement. indicatiriu Otherwise)_ The use of any suchrenat or adjective shall not be effective to assign to : NONEER any Jury or authority to supervise or direct the fumishine or performance of the Work or any duty or authority to undertake responsibility contrary' to the provisions of paragraph 4l3 qr any other pro'visioh of the Contract Documents. lmenrting anil J'upplernent4ig Guntrucl.Dwitmenis. 3.5. The Contract Documents may be., amended, to provide for additions. deletions and revisionsin the •1Vork. or to modifv.the ierms and conditions'lherepf in one or more vfthe rtillowing ways; 3.5.1. a. Corneal Writt it AmLndmem 3.5.1 a Change Order (pursuant to paarae[-aph 10.4):. EJCDC GEM AL CONDtft0:S P t e4(199I E:itit(4j WICI FY OF MR'[.COLLIDS \IODIFlc,%.noYS tRLv.tr000) 35;3: .a Work, Change Directive' (purmaint to paragraph 10:1), 3.6. In addition the rdluiiements of the CohLrsct Document; maybes supplemented, and, minor variations and deviations in the Work maybe auti m(L in one or more Of tht.followmil ways: 3.6. b. A Field Order (pursuant to pama ph 5.5), LNGFNT-L is apprpvaI ofa;Shoo Drmying or Sample(pursuanttOparagrgr hs6,`2uand6:`7),or 3;6.3: EN INEER's written ihterpretation or clnriticmian (pursuanrto paragraph 9: f) 'Reuse. o/'Dgcunren tsr 3.7. C.ONrP_NCfOR and any Subcontractor or Supplier Or other person or organisation performing. Or furnishing ariv of. the Workunder a. dircrt or iraduect contract with OWNER. (i) shall, not have or acr{uirL any title to or .Ownership. rights nn any of theDrawings, Sjeciticmions. or other documents (or copies of any thereof):prepared by or bcarMa the scal,ot E 1G I,NIihR.cir -F.NGINEER's Con.ultant;_anti,(ii) shall not reuse nny of. such Drawings. Specifications. other docummts or topics tut esteaasions or the Project Or anv other project- without written torten of OWNER and LNGLNi t -ER and spo6 is written verification or adaptation by F.NUINEFR. ARTICLE 4—AVAILABILITV OF L.VNDS; SUBSURFACE AaNO VIPINICAL CONDITIONS; REFF.RFNCE POCKS. availability of Lands.; 4,1_ OW\TER sea ll t nti s t to in reared in the Contract Documents, the lands upon which the Work is to be perfortnccL ri Jots-o Fway and easements. for aecCSS dterato, and such other Ian&s which aredc- ignated for the use ofCONTRACLOR f;pon.aas�nn�la-writteatrrquzsr: OtVNH-P shall identify any encumbrmces or restni tions not of general applicationbut specifically related to use of lands so furnished wiih which CONTRACTOR -Will have to comply. in performing the Work. Easements for permanent structures Or permanent chnn_,es in cristing, facilities willbe oblamtd and paid for by (:WNT-R_ tireless otherwise provided in the 'Contract' Documents: If CU PrRACfOR' and OIVNER' are unable to ugrce on entitlement to or the amount or axient of any :idjusuricrits in the Contract !rice or the.Contraet Times as a result of any delay in OWNER% Furnishing. these lands rights -or - way or easemcnrs: COMRACTOR may make a claim therefor as provided in Articles 1) and.11 E • P CONTRACTOR sfnli provi_dz for all additibnal lands aiid access thereto that map be required. for ;lempcirlry, construction facilities •oc storagq of materials and equipment. ✓': Srlbsurface and Plggicpl( antfltion.y: 411. Reports ind Draivings: Reference is mad« ta� the Supplementary' Conditiony For idcntilii.-tlionol':: 4.2.P_!. Subnrjtce Contbnotis:. Thou repom of explanations and tests of subsurface,cbndiuons ator contiguous -to the site that have beeroutilized by ENGUEER in Preparing the Cosmic[ Dcx;ements:. and 4:2.1.1 Pfijgicu!!'ondilions:. 'those drawing s of -physical eanditions in orrelating to emsting surface or.subsurfacc structures -at or contiguous to the site (except Underground Facilities) that haa`c' been utiliznl b}' ENG[NrEER in preparing the Contract Documents. 4,3.1 UnWed Relimica by CON'fR406R- AuthorkO." Technical Data: CONTI2A&bil, may rely upon the. gcn:rnha:ctrmcy of tlx: "fcchnical,dat" contained in•sucfj reports and drawings but such reports and drawings are not Contract Documents. Such "tec:hnicaldata" is identified in the, Supplementary Conditions Except for.such reliance on such"tcefinieil data";.CO RACTOR may not rely upon or make any claim against RIVNER, EAIGINEF.R or any of. ENG fEFR's Consultants with.respect to: 412.1the compie encsv of such reports and drawings for CONTRACTOR's purposes,. inclimdixIg. but not limited to, any Lipects of the,, can itis, methcids, techniques; 'sequences and procechrtis of consttuctton to be employed by CONTR'AC[Ofk and safety ' pre autians..and programs incident theretoc.or 4^:2.2. other data; 'interpretations, opinions and information contained insuchreports or shown ar indicated in such drawings or 12.23. aray CONTRACTOR interpretation of or conclusion drawn tioni.any 'teclmicul data" or anv such data. interpretations, apinions or intarmation. 4.23 Nonce if Differing Stibiltdhce or Physical Cutrditions:, if CO1N1'R.ACC0R believes diav anv sul- rrce or physical amditibn at orcantigubus to the site. that is uncovered or revealed i]iihcc 4.23.1. is ofsuch ,I mature as to establish that adv-'technical tat" on which -CONTRACTOR is cniitled to rely as provided in paruiTaphi; 4:2. 1. and is nmterially miiccviaie. or 4'2; 2 is of such it nature as to require u. change in the Contract:pocumentc or 4_'_33, differs materially from kni sihown or tx�nr_ ce�r� u. couutTt outs I v t ns i I r,cu �.udc.n (Iry OF FOR r Cvu.t:as stoOIPICATtots r tev aacniim • indicatci!'iit the Contract Dccunwrits or. 4:12.3.4. i; of an unusual nature, and differs materially from: conditions ordinarily encoumered 'and,gcncrally recogmi xd•as inherent in.worlk of the :hamster provided For in the Contract Documents: then CONTRACTOR shall;, taemptl} immecliately :alter becoming aware Ihcrcdf and &:Corr further disturbing conditions affected thereby, or performing any in connection therewith (except 'in an-emer-gency a5 F.rmitted by parngrnph i.23), notify OWNER, and LMNEER in wntmg, about such condition. COWRAC MR shall nor turther dleturb such.condiiions or liertornt any Work in connection therewiih (c:rcept'as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEERS' Review: 2\IGh\rEER will promptly review the lxrtincint.conditions, determine the necessity of OlNNER's obtsiriirig udditional exploration or tests with respect thereto and advise (AVNFR.tin writing (with a cagy to CON'rRA<:'r0R) of E1yG1NF.F.K's hndingspnd' conclusions. 4.23 Posyible Contract Documents Change: IT FNGINF'ER concludes that a change in the Contract Dcewnenis is rcxluind as a resrilt oFa nuidition ihatmces- one or more of the cateectics in paragraph 4.2.3, a Work C.hango Directive or a. Change Order wiIf he issued. as .provided in Article lit to reflect and document, the ,consequences of such change. 4.1.6, Po.toh.le Mce and : 7mes .11,fucmienis: An equitable adjustment in the Contract. Price or in. the Contract Times or loth. will be allowed to the eximuhat die existciicc, of such unctWared or revealed .condition «[uses ;in. vicrease or decrease in CONTRACTOR' cost oC or Lure required for perturmanec OC the lVork; subject. however, to the tbllowing• 42.6.l. such condition must meet any one or more. of the categories 'desertbed in lrtrivmphs-1'.?.i; l throueN4.2;3A, inclusive; 42,63. a chant e in the ContmctDccumenls pursuantto paragraph 4?5 will not be an' auttimatic authorisation of nor a condition precedent to entitlement to any such adjustment; 4 3.6.3. with respect -to Work that, s paid for on a. Unit Price Basis, any, adj.usument m.CgnvacC .Fite: will be, subject to 'the. povisioro of pamgraphs 9:10 and I F.9; and 4:2.6.4. CONTRACTORshat not bexntided to any.adjutstment in the Contract Price'dr'Timei lf; 4.^_:6.4.1. CONTRACTOR knew of the existence of such conditions at the time CUN R'RACiOR made. s final commitment to 0\krNER in rspetx of.' Concmur Nice and Contract 'I imcs lib the submission oe a bid' or becoinutg bound under a nci,otiated contract. or, 4;:.642. the eaistince- ofsuch condition could reusembly have Leon discoLered or revealed a, a re-wlt of env. c..taminatibn, invcstieation, e�pioruliori; test or study of the site and-clntiguow arias requited by the' 'Bidding. Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to -'CO\ f�Z_\CT6Rs making such final' dommitmenC or 4.16.4.3. CONTRAC:I'OR failed to give the'wdnen notice within the time and as required by paragraph 4.2.3. If OIVNER.and CO�ITRAC,'TOR ere unable to agree on entitlement to or as io the amount or length of any such eyuitahlc adjustment in the Contract 'Price or Contract Times, a claim may be. made therefor as pr66ded in Articles It and 1.3. Himcyer„OWNER„Fidr:iGJEER and 6MG11EFT e CoWtants, shall not be liable to CONTRACTOR. for any claims, costa, losses. orcdnmage3, susmined'b%,,cO\7rRACToR,on orin cormccuon with,any other project or antieipptedproject 4.3. Phy59ail'Conr6eortrllndrrgrorinrl.Facili[ics: 4.3,1. S(rmtn or hnllcated: The inle. motion and clnla: s mvrt or indicated iri, the. Contmcv;l)c umcn s with respect to c\isting Underground .Facilities at or contiguous to the sate is based on imcirmation'and data. fiunished to O.W iF,'R or F.NGtN ER by thee owners of such Undergroumd Facilities- or by others. Unkss:lt Ls otherwise cyrressly provided in the ,Supplcmeneny Conditions: 4.3-1_1. OWNER mui ENGINEER shall not be responsible fur the accu=—%: or conipletene... of any such information or data•, and 43.1.2. Thecost afall ofthe following will tic: included in.the Contract PricY:nnd CONTRACTOR shall have full reg.unsibility, for', (i) reviewing and checking all such informi6un and tetra. (ii) locating A Underground Facilities shown -or indicated in the. Contract Dccumcnls,(iit) coordination of the Work. with the owners of such Underground Facilities during coo ctifin; and (iv) .the- Safety and protection. of all such. Underground Facilities as provided in paraf}aph620 and repairing any damage thereto resulting front the Work. 4.32. :Vor 5lrou71ror lit<rra[ed•. If •an Underground Ficitity is uncovered' or revealed at or contiguous to the site which was that shown or indicated in the Contract DccumenLs, COLM'lL- ECTOR shi ill. promptly immediately alter becoming awareihereof.and before .further disturbing conditions .affected thereby or perforating any Wcirk in connection therewith fexecpt. in an emergency as required by pmug aph'6?31.. identify the owner of -such Underground Facility and tZtc�cc;r:'Ntr >L CO�urntl�;-thus 0496 Edition W1 CITY OF FOP.'. COLLI NM.moDu9Cdno YS ituiv m-0u01 gfve written notice to that owner and to QVVIN rR and ENGNMER_ ENGINEER will promptly review the Underground Facility and determine the euem, if any, ty which a. change is required in the ConuAct Documents toxellect and ducument'the consequences of 'the emstenoe of the Underground Pacilinv. If- ENGNMER concludes tivrt.a•chen_c in the'Contract' Documents is required, a Work Ch tingc Directive. or a Change Order will be issued as. provided in Article 10 to,redect and document such conssequerem During such Lima, CON f[LjC"rOR shalt be responsihle Car i}ie ;iiCcKy and, protection of such urxleiground Facility as. provided in tnraeraph6?0. CONTR--\CTOR shelf My be allowed an increase in the. Contract price or an.emension of the Convict Times, or both, to the extent that they are attributable to the existence of any Underground Facifily.that was not shownor indicated in the Contract Documents and'ihat CONTRACTOR did not know of and could not reasonably have been cxFccted to he aware of or to have tmticipated. ICOWNER andCONTRACTOR are unable to agree on,entidement to or the amountor length ofany-such adjustment in Contract :Price or Contmct Times, („OVTRAC.TOP m,aymike a claim therefor is Provided. in Articics I I.:nd 12 1rowcver, OW\'FR, U. GIN6F:R and ENGINEFR'.s Consultants shall not cc liable to CONTRACTOR for may claims, costs, lorg.:sor darnagcs iricurrcd or sustained by CONTR-ACTOR on or in connection with ariy other projector anticipated project Reference Points: 4.4. OWNER :shall_ provide engineering surveys to esinhbsh, reference points for constmciion which. in I NGI34M-•R's. jud gent are necessary to enable CON'TRAUOR to proceed with ' 'the Work. CONTRACTOR shall be>respavible. for laying,out the. Wvrk:.shall protect and preseNe the.est.nblishedreterenco points_ and shall make no changes or relocations without the prior written riplirovnl of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is last or.' destroyed or require relocation because of ncccsve ry .uhanees: in grades or locations, and shall be responsible for the accurate replacement or relocation of sut:h' reference points by prufestsiontdiv qualified [JCr.SUMeI. 4.5. : G'bestos, PCBs, Pebwl nm_ t, fl a=d6us IF"e- or Radioactive Material: 4.5.1. OWNER shall be responsible for, any .ksbestm 'PCP.%. Petroleum; Ilazinlous'Waiste or Radioactive &Nwrial uncovered or revealed ut the site which was notshown or indicated in'Dmtvirn_,wutr Spccitications or identified in the' ConLrzet Documents to be within the scope of the Work and which may present wsubstantinil dangerto persons Cr property i•.. p Scd Acretd in connection with the Work at the site: OWDrE•R shall not be responsible for any such material; brought to the site' by CON'MACTOR, Subcontmctoa, Suppliers, or anyone, else for whom CONTRACTOR. is responsible- 0 0 • L ,�:.pF�Fl540fYi-c�L-pa�rd= ••-FIniF-T.YF1rC inttrti3hl-i<a-rpt>!y-ia-ish�kt', F'i�Rs-Petroleum, Rla3SlriiFk45-:irflStC-PHtHflliViF.itF'c'-a-L42liRl4i-li4k'E�wtSltif F]FreF�Ftled-aFiiZit4c� EUC'DC (;ENtYAL C014& l OM 1914 3 O yyi) Vk;"i t W( CTCY OF GOR'r COLLUM MOOit fi'ATIONS t RCV ai; W01 LIZIICLC 5,:I)OXDS'ryr&D Lxslmarrcr Perjdrm'unce.'Pikvmmr and Other Bands: 5.1. COYMACTOR,shall furnish• Perfatmanot and Payment Bond&xaclr in an amcunt tk.least equal, to the CanusctPricetas security l`crthe taithful performance.and payment of all comLRAc.rows obligations. undar the' ContnsCt Documents. These. Bonds shall, rem i]n in Xll ct at least until one weir after the date'whixt 'final payment Ixcomes due, aXcept as prin•ided othervise�K Laws or Replations or by the Contract Documcnls. CONTR ACP(:)R shnll.also tarnish such othei Ronds�as -arc required by'the Suphlcmentar}c Conditions.Alf Ponds .hall be in the form prescribed by the Contract Documents "leapt as provided otherwise by Laws or Regulatiorm and shall be e.•tecutcd by such sureties as are named u1 the current: list of 'Companies 'Holdim- Ccrtiticats of Authority as Acceptable Sureties on Federal Bonds a_nd as Acceptable Reinsuring Companies" as published in' Circular 57n (amended) by the: Audit 'Staff, Bureau ,of Gov ermnent pirmneial Operaticns, U_S'; ;Treasury Department All Bonds signed by an.agent.must ln; accompanied by a certified co of su�hagenes authority to act 5.2, if the surety •qn any Borel Rimished by CON1'RAC; I'OK is declared a 6rmkrupt or twCOMIS ,insolvent or its riglu to do business is tcrminated•in any stall whercarty part of the, 1'igicct is locatcd'O it ceases to meet the'rcquirnmcnts of pira�raph 5.1, COivTRACIOR. shall, within•tcn days therrtRcr substitute anothci Bond and surety, both of which must b:racccptabic in ONVNTR. 5.3. Licensei('.Sureries and Insurer':-Curtifrcates, of Insurance: >.3.1. All, Bonds, and iitsurmtce,nequired �by the Contrnct LAlcumertUs tie be;purchnsed and maintained by OWNER. or CONTRACTOR `shall 'be. obtained front surety or insurance. comµarties -that arc duly Iiccnsed or qutlpri7id in thcrjurisdiction-in which the Project is located'. to' issue Bonds or insurarce poLicies for theIiiiiits.and ca•aiagrs w rtiluiied. Sueh surety and' irwirance companies shall also• meet such additional requirements and qualifications as may be provided in the $upplcmterlary Cohditioas 53.2 CQviTRAGTOR shall deDa.to MVNGR with copies to each additional'instacd identihcd in the .;.upplemenuiry.Cunditions, certificates of insurance (and other evidence of. insurance aquested. bv. OWNER or any. other' additionat' insured)- which CONTRACTOR isrequired to purchase and mainiaiit in.amor kme with.paragaph 5.4, OVW+1LR-,shall COAMICTOR'.c.Liabifiry Insurance: 5A. COivTRACTOR shall purchase and maintain saicit liability and other insurance as is appropriate for the Wink. being perforated and furnished and aswill, provide protection from claiins setforth b4ciow' hich may arise out of or restdt from COYMkCFCOR's. performance and furnishing of the Work and CO TRACTOR's. tither obligations underdw Contruct Documents..whethcr• it is,tu b;e performed or furnished by MNTR-tCTOR• .any Subcontractor or Supplier. or by anyone directly or. indirectly employed ley my of them ;to perform or Furnish any of ttic Work. or by anyone for dhow acts any of them may be liable: 5.4.1. _ claims under workers mmpcnsation. disebilily bencfiLs and other similar employee bcncfiracis; _ 4: .claims for dnmaega I�musc of hcdil}} injury.. occupational sickness qr disease. or death of. CONT RACrOR's employees; 54.3. claims for damiag,•s bemuse of bodily injury, sickness or disensej or death of any person other than C>ONTRACTOR's employees; r1:-6-ulamts-for-dumxges-�timvr�tE-Irj-cerstnrn r:ry'. per xtel-irijrry-Eiegiliiy avri'm_3�i>,m}i-ttrr-;-tames# c,T-aj-ar;�"<rsett-nsis-t'z .°�..�-�,-�.,-•�,,..evsrdir.wtly�r indirectly-ra�n-tho-enlpl.ymant-af=suctrpersnn=fry. GQ4TR 9F-tin-4ii-)-Ly--an}-othzt-persntt-tE-any 5.45. claims for damages, other than to the Work itsrl[ becnuse of. injury to or destruction of tangible ere property whver, iim' itctl. including loss. of .use resulting dierefrom;, and 5.4.(;. claims for dauiingds lx'cauae of loftily in jury• or death ilf any person or property damage arising out of the ownership, maintenarce -or use of any motor vehicle. The.p6licies of insumrice so required by this paragraph 5.4 to be purchasedandmaintained -:small: 5.4.7, tvith respect to insurance required by pirmraphs 5.4.3 duouch 5.4.6 inclusive and -5.J `9, mdide. as idditionnt insureds isubject to any customary ti=lusion in re_ry'ect of- professiorml linbility). OWNER. ENGIDIEM EDIGLNEER's Consultants and any whcr persons or emities ideruiGed in.the Supplementary Conditium,all of whom shall be listed as additional insureds,anil,fnelude coverage Fur the respective -officers and -employees of all such addhiomil instireils; 5.4.S. include the spcc:iic coverages -and be writicn for not less than the limits of liability provided in the Supplementary Conditiors or required by Laws or Regulations, whichever is greater, S:i3, include complcierl ortratiogs iactrrunce; E.IC (;EN6R.Vn CCtNUrn0,U 191ov Urven e:Scicul wr Q'rY OF FORT NLLI.dS \LGUIP[Cd IlO�IS tlt.Gb' dr`_ OaOi 5,4.10. include contractual liability insurance, covering CONTRACTOR'S indemnity- oblieations under paFasraphs6.1? 6,16md6.31 through6.33-, 5.4,1 L containa provision or endorsement fl,mt the coverage afforded will not be cancelled. materially changed or renewal refused until it least thirty days. prior written notice has been giiicn to M EIt and CONT P_-%CTOR and to each othcr additional uistard _dead ed in diet5upplemervary. Conditiims to whom urr u. certificate of iri nce hits been `issued (and_ the certificates of .insumnee furnished by the CON'I-RACTOR pursuant to paragraph 53.2'Nill so provide); 5.412: remain "m e1Tmt at least until' Gnat payment and at all timer thcrcaftcr when CONr RACI'OR. may be correcting, mmoving or replacing ckfrcrne Work m accordance with paragraph l IA 2, and 5,4.13_ with nzpect to completed operntions insurance,.andany- insurance coverage written on.a clsinir:mnde basis, remain in effect for at least two vcnrs after final. payment (and CONTELACTt)R shall tarnish OWNE.R'nnd each other additional insured identified in the Supplementary Conditions to wh'tvn a certificate or insum, nce. liak'ticen issued evidence satisfactory to OCVITR and :any such additional insured of continuation of such insurance at final payment and tine year thereafter). Or4i\'ER'.i Linbifir}� braumnce 5.5. In addition to, insurance required to. be provided by CONTRACTOR. under par raph 5.'4. OfVNII.. at dWNER's optigg may purchaw. and maintain at OWNER's exper= OWNER's own liability; insurance: as will protect O W_NTR against.clairiis which may arise free operations under the Contract Documents Properov bourance. :G—Flnl,ss-ethzrwi�e-prciaided-in•the•Supplem entn ry Gonditiens--O�V� JGP�-chu11�-ptu�hosa-and-maintain pioprrt"y-iRstirtrneeis pFxrE{ee-l4erk-yt-thr:site-trt-t#iatimt:dtN ot=dm-Cull; iaplaertii eat-ctisF-tlierrtit= (aubi ect-to-such deductible .amounts-ns-. may--bo---provided-vt-the Supplementary-Eunditieris-or-requved-br-6 a sus-;find [iegttlntione)-Tttirittsttmnea•sP,all; 5:6: {—melude—the—uttcrrsta—ot—E1LV-NcR; �fi?SEiF� i6ER'�t_eresuEtants-arxlart}-atirr-pipsn�er unities -identified -in- thu-Suppementary-C-'ontlitiuns; each-nCyvhonr i s• deemcdEcrha yr a r.-insurable• interest find hatbb;,tIisldd:ns tin-tnsured or additional-trisdred tn_-��tvritien-utra-f3uildefs-[<islrulhrisk-or open-ptrtF-eF-Wtuinl auras eF-1 r s pot ferm ha[ sk>til{-abkart-ineludt�insuraner-ktFt�tysieel-fesv� d9 mayrt.+-t4ir4Yor!rtrmpcntr}'-b'triklitl�:,.-li+F,�ti•.�rk nail-}4<r',fieFKttnsit-aaJ-shs�.r>strri�:t�aitvwu!-least dld-talle3vfine--yank=?wz,—{w�i?rang—.ev�tndc><f 0 0 coveFnze-theft-VrintbIian-and-ninliaiou; mLwCW -: eafthF{uake-aef IQpsr=dehFis->-Femoval=elzrn4ition, t>ts.Y;ie:Aed-by-atfaFv;rtnstt-•af-6avva=ice w&Er.-csse�.rc�; inrv-�vvroir�..z-F _R�ti-ElS-ittarilV. s�uiFic�IirFcyuiFe:!-hpthu�uppkrn..'tTttuy-Sc?nElitioas- >.6:.3-inelutk-c�eFc'r>yz9-iiu urted�-in-lht� rrpstir-rr rrpincwnmt+uf�arw-nuilrbd-pmprrty"EulclurliF�- btit•ilok tachiiee*. :<r.=3=eeceFlnQkfitilsartl-ryxipQlrfiFstclFec}at-k}Ta-site. eF-8 ERAEFheF{a�ElBElai1-ihA[-wfLS-RCRc'il-iJ^In-iV E1 F mE-hy' tll\/�T:D ....-. :, L.',._ :�= r:1 •::, rti".. \�c-r rins�•. pFCIVF(�� Fhftti. tfE:IT-gTM2HQISQFl.'�-r(tllFpmtlgE{lg4c�{#`2q im ltfded in ml-.ip@4izatiett£etP,symrlu-ftee 4imei\dM FA F EiL4€SSR. and .,:�-El-ta-ekTret-\until-Final-pay eat[ mRde-iaT{rs9-e�dieRvix `egrh:�ta-=irT-ivFiti �e-Fic nTln__,Trn-`."FPP kGT5>R-"44DI4iP; Pia with .FnlrFV'-:ifTV.�{4STFFeiFR3n�`-CFl-2gf h-E)[I1tlf=Qdd{F It)gQF ' IH5tli2(i-Ffi-5Fl1(iRl-9-drRii-iaffit-dF-a75uRtilec�i)fYi-txaR tisxc`d.- 5.9.. OWNER §hill not lie; msponsible for pun:hasing and muintairim; any pruperty insuiancc t6 protect the interests of CONTRACTOR Subcominetois of .oihers in t�s-tL'ur�tiT.-�tant-aF;snhkdxstihla-aeTeantB-t}ittt�lia iilrn6rwd•irrtha 5upplmlemttry-Eonditier�.--tFhm;euk-eF los3-wi6hiA,ztsh-iclantiFleelzkElfleritlk-xtnexnh-withl?.rk*irs% -tiy-t_ F���vaetsr-ciFc44leaa stir%errs; tkFe such-loss-QFlEI-i t" x qy-elFthem=wish,,K- property -insurance teTvera er-within-the-liinils-u E-such-amounts-e'aiii- roily "purcfiastl-af1Fl.fiiaintain:iaa6thirfwrchitse>'s"Awn d.�pelt�. -10..HIGOV•Clt=\C='GUk-reyucsts-vt-writii>g-ElTal-athec special-,insxFQne� insltided=iq-th��-ie�rFty-lnsuFaae.+ -�612;'.--1.ffeFIil2Ei-IfFidCF-�HfB@3�fiiph5 _?fi-�.l?c <hsfl-=iC-tussk'\k,-iFxFud.:-such-irTslrsn�; OFF-Ttir--east rigf 1 a t .to- ' `r FZ \ETOR by-appFvpn- to t-h.'tiT�2-4Hf1C^��it:RFF2f1—�f112nilitiv4'1��FIETF-:H E1CU+� GEAETCAI, COtiIX'ftOi•S 1'l 17:i,(I;iIV &liiitnt Ip tvt CTfTOF•FORT COLD S311OU119CA710N5 r11JL•l'nr301)(1) ��iAtmelicatnrrit-ot-l{ia•Lvor4 at-tlx�sitr-61«ivGR-sl><ill-in wstEiAg-ndV#sa-F=t-}y-'piFl\iU•Ft-�R-wlxk#mF-E�'leF-sE+sh-etFtrF a;uFaAtc-has!?tx"Fceured-�:r11,�.?tGR- 5:Fkr--ii'i+iler iFRightr> �:1-F.=:-Fn-ixlditi%Ira:-PW?{F,R=wili'rz<;-x4f--eights . neailst-----COYC[i::\i=TEAR:. Sutxx,tTtmri�. ,��*E� ��rn in-r�vi:Ter\.-c>-cdFai{f5.t�--irixri-'ic oiGczl ,,-da'retors;-rnTplogrzs-iris-x�znts•�Fnnv-ai.. them-foF:- -1-1-?-1. Itdue to+tl mess-uTkrfTlpEieee,-i� eF-use -or-either-E.nrlsryuznEin I-!'c.�s- ratznding Lx void= • diFect _physi«II-loser-dilmn�e-to E:i�4'aFE[i=�prepeFtr-Ejrt}te--Flrc+-rl�eMfeekl--I�v: aF151nb"9UI.O<''al--� [rSt! tCtlla-LFOFlI-Fffe•Qr^tTl{12Cr (.Yf ti: whet her-or-not-iruuie.Fby-CJ U.'\`EI�, betel .�, I-{ __ =. tors-Eif-.lQnxtga-aT--die-cumpkrrcl pfajrat-�-ivifFihrrraE:aEisri�by-aFisiflas-eat-eC-se Fesu{tir�-Gum-Gran-utherilnilred �petil�wvered' by-nna`-pre'pefEYic�r+lnc�t-m.�i�lle. settiplrind--Prefect-af-peFt-tklceea�ki' �\�-�'.:' �P. during ---peril ill—uidiai ti on--�Irsuann—to perR�S pfr l3� I+3-aCtzr-Jil�nnlieF-Lom p(rtieln plfstlnnt•k�ptlel 1ph-F :S•oru[tdr:{liutl-plyment pxcsexnt-tei•{.vxlw.rag41-1J-}-1- i -iR}=tnSaf'hnfii.`�aiV-nlftinfilkg26-m-T.r-.crcfit'1Ki3fl�. afty-1<n�dan)fi�•-eF:;enstya.:flea�ic>ss-fr?eRed-laifF-this" �Ersr�prT-a:6l=shef{�aA[Rta-IT��risteris�iai#x-e ftrzC�hR[ f -thy rear-E;=paymE.wt--c aiv such -55 t tageKf• cx;.'t5�ttential--!�I;xi-lnsuFt�wl14--4ist.�-_.�.- nghtg-a€ recovery-agaiiist-anw@6-GO? T13T \yf0R: Sit lzorura.;tors.. r:rro roc- NTR . ._�l �:.�,-._ _ wnts:zlnd-tha-uklicm� dii=tett+e�c�teplayrrs-and-fl:cwksel-gnti-u�Fthar� 'Receapr anal:=tpplication ojlrrvrnnce_ Proceedr =.12. Any insured loss under the policies of insurance, required by pram mphs5.6 and 5.7 will be adjusted with OWNER and made payable to GWl^TM as tiduciary,ter the: insureds. as their .intcrests may appear, •subject lu dic .requirements. of _any applicttliie•. niortyru_e clause. and of paragnrph i.13:OWNER .shall deposit' in a separttte account any money .so received: and distribute it. -in accordance with such agreement as the parties in interest may reach tf• no other special agreement is reached t}ie. damaged Work shall be repsisid nr replaced, the moneys so received applied on account thereof and the Wark and the costthercof covf:ed by an appropriate Change Order or Written Amendment, 5.13: OWNER lis fiduciary shall :have power to adjust and settle rtpv loss .with the, insurers drilcss one of the parties in interest shallobject inwriting within fifteear.day's .after theoccurrence of,lotd to OWNE:R's.esercise of this Nwer. If such objection be mndc, OWNER as Fiduciary shall mare scglem2nt with the insurers in accordance_ with such agreement as the parties an interest may reach Ifoo such agreemena among du,par6es in -interest is mactied, Ol\nfER,as Gduc iy shall adjust and settle the loss•with the insurers a``frrtd--it-wquir_ hint;-by-1taco=perFt--ifl )flFaf2�m Ei1�aS-t)dFictafy=ihflt {-�hl"d-hE)nd-fnf-thC ffwre-feftemtnne, r44—t.^;:',aiks. lcceptance ofl3nndratrd'lltmrancdt Optlmi to ReTlace• 5,14, If ei E3a.FFt4fTQC� M%WER has anyohjccGyin t6 the co veragc•alTbrdcd by or other provisions•of the E3onctc-oe ireaaaace squired to be. purchasedand maintained by the. 4thcr patrty. CONTRACTOR in accordance with Article i on die basis of non-ronformance•with the Contract Documents. the in writing witl tho'certiticates Partial;Utiliza ; I-PropertyGrsitrmce: j,t5. If OkkNER Gads it necessary to. occupy or use it portion or portiogts Of the Werh prior to Substantial EJCD6t:L•':�tFY LL rOVUI"ObD.1' 1910-) (1991) E<itic,6 wrarvearFotrcvtcias touutctnovsIRsa.ir_eaa) Cbmplction or,alt the•\Vork, itch use Or, occupancy may bz accomplished in ticcord)mce with -parts' aph 14317, provided that no such use or occupancy shallcommence before the insurers providint' the property iruiurnrice have uctcnowledged notice tfierrnf and in writiri effected any cbangvg iii ctwerage neczzsahred .thereby_ 'the insurer providing the property im-urance shall consent by endorsement on the piney or policies, but the: prvpxr2y, insurancee shalt notbe-cancelled or permitted to lapse on accowt ofuriysuc i partual use or occupancy:. A.KrICf E.6—COirTRACTOH'S' RESPONSISILITI ES' Stipen•tsiun dnd Su perintm rlence: '6.1. COMRAf:rOR shall supervise, inspecr and direct the. Work competently and efficiently, devpting suob attention thereto and appl)ring such -skills and eeperusc as may be necessary, to per(orn) the Work in accordance .with the Centretit pocwtents. CON�rRACTOR shall he entcly rcmriresiblc for the means, methoii.>; techniques; wquera:es and procedures of eonstnrction.,but CONTR ICTOR shall not bcxuu ponsihlc for the negligence of athers in the dsign or. 3pecifituntion of it specific means. method. teehtique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. Ct)NTRACTOR shall'bc respkimihle t0 see that the completed Work coruplies acwmtoly with. the, Conract Documents, 6.2. CONTIRZACTOR shalt keep on the Work at all .times dtuingr its piogress a competent resident superintendent ;who shall not�be replaced without written notice- to OWNER and L1GNTEER esccpt under Lxaraordutary circumstances. The superintendent will be CONT,RACTOR's represeritftdve at diesit� and shall hrrcc authority to act on behalf of C01,F L4t_'fOR, All comalunioxatioas to the.su erintendent shall be as binding as ifgiyentoCONEPAc7OR. Labor: Mfitermnls and Equiprnant.: 63. CO\Z"RAC:T.OR shall . provide competent, suitably qualified personnel to survcy, lay out and construct -the lVcrk as r%luired by The Contract Ltcuiimcias. C(*FM2\GTOR shall at all times maintain �ocxl discipline and triter a! the site, E.xcept as othcrvisc requited tor.be safety, or protection of persons or the Work lit property' al the. "site' or aidja«nt',therelo,; and except ovothdrwise- indicated .in the Contr._td Documents. all Work tit the site shall bc-perfo_rmed during regular working Bouts and C0NT[L•\CT02 will not permit overtime work or the pertomwnec of Work on Saturday;, Sunday or :my, legal holiday, without OWNER's written cuntiem given after prior w"rit}en notice to ENGLNUR CONLRACTOR'shall submit requests to the E�OLNEEP no Ices than. 4S hours in advance of anv Work to be performed on Saturday, Sunday, Holidays or outside the. .Reeular Workme Hours_. 9 0 CJ 6A! Unless otherwise specified in oilsGeperril, contains or is followed bywords reading, that no &'e, Requirements;. i_ONTR=\CTOR shall fumish and'.nssume. equii•elent dr 'br-equal" item or no substitution is, Cull .responsibility for all materials, equipment, labor., prntiitled..6ther items of material or equipment or tniir:porartion.. c'onstruciiun,xquipment and macivnery. maWn"al or equipment of ether Suppliers may be. tools, appliancesCueL poyver, light hcat4 telephone,. water. accepted by ENi3iNEER under -the .following ranitary facilities tenspomry• 'faciities and dll _ other circumstances: ' facilities and incidentals necessary for the furriishing,. performance.,testini_,stirt-up and completion bfdie Wort- 6:7.1.1. If iri ENGINU.Rk sole dis .etion air item of material or -equipment ri.4. 1. E'un:hasirt�g, R'estrictidxu-. CONTRA proposed by. co:,iTILU."rOR is functionally must wmnty with:Lhe Citv's purchasing, restrictions: A equal w that named and sulliciendv imilar so that DRv of the resolutions are available for review. in the no change in related l\'orl:.witl be required, it may offices of the. Purchasing and Risk Mrinaaament be considered by Ei GLIN 'ER' a.% an 'W4qunl"' 'Division orthe'CityClerk's otfice., .item, ui'svhich case rc6ew and:approval ofthc - proposed, item. .may,, in HNGNI EER's' sole 6.43 Cement Restrictions: Cid' of 'Fort Collins discretion,be accomplished without conipl'iance Resolution 91421 rruuires that suoplier.; ant! prtxlu'cers with some or ull of the requirements for of cement or products containine cement to cartifv tint acceptanu ofpmpiued s''ullstitute'stoats. the cement was. not made in cement -kilns that bum 67.1;3. Su&iitute Items: IC in&NGLNEER's sale, hnzrrdousw•asteasaFucl. discretion nn item of material cr equippment proposed by CONTRACTOR does not qualify as 6:5: All mat 6nN and equipment shall tie of ggcd; an "or -equal" item 'under sutipnr-tgrnph 6,7,1i1ji clWility add new, except as otherwise' provlik:d in tic will be considered a proposed -substitute item. Contract Documents. All .warranties :and. guarantees'. CONTRACf()R shall sultniit suflicient spe:cificnllvcallcd for bythc Spditicatipnc shall expicazly inFnmlarion as provided Wow, to iflow- run to the ljenefit of OWINT-R: If required by:FN.GD.TERR, ENGfYF;F.R to,determihe that the7item offnateri?I CONTRACfM shall fumish s%tisfacuiy evidence -and or equipment proposed is essentially a 1V.11t6 l0 (uicluding retinas cif required tcsis) itsu) the. kind tint nani6d and an acceptahlcsuhstitute theicror. quality of materials and equipment, Ali Enaterials and The procedure for review by ate ENIGNEER will equlpm.ent.shall he applied installed connected„ erected;. include the 'following as Supplemented 'in the used and conditioned aconditioned in accordance with General Requirements and as ENOINEPit may instructions Mthc applicable Supplier, except As othcrvise •decide 6 appropriate under the circtirnstancm provided in thc Contract Documents. Requesis:Yor review of proposed substitute'items of material or cquipneni will not be accepted by Progrm&,Aedule. tNL GIl4F.FR from .anyoneether than CONTRe>GTOR If CONTR.ACMIZ wishes to 6.6. CON•IR.AC:fOR :shall adhere to' the progrev furnish or use a substitute itcim of material or .schedule established imaccordarwe with paragraph2-.9 as it. equipment CON TRACTOR Mail[ first. make may bie'adjusted from. uine to timcas'provided befoty. - written:appliaition to ENG1N-E[R fur ucceptiutce thereof, ceaifying-thar the proposed'iuistitutewill 6.6.1. CONTRACTOR shill submit to LNGWEER parForrri adequately., the tunctioio and achieve the for acceptance (to. the extent indicated in results called for by the general desi_�t. bh similar par aginph?.9)- proposed adjustments in Elie progress in substance to that specified and be suited'to'du X :hl`lRUfe that will n0( Change L}1C'C;OtlUmet times (Or same uw a% that sNeibedl The appli6ation will .VfilestoneS). Such adjustments will conform gerierilly _state the extent, if any, to which'the cvaluotion to the piogress schedule then in effect and ad4hnonall]• and acceptance of the proposed sub &Litute .will will, comply wide any. provisions ,of the Genei:dk prejudice CONTR,\CTOR's achievement of Requirements applicable thereto Substantial Completion on time, .whether or not .acceplanty of the substitute for use nil the Work 6.6.2: Proposed adjusments unthe progress schedule. avill iegriire a 6harige in itiv of the Contract that- change the'Cantract Times (or Milestones) Documents.(or in N provisions. of:any other shall be submitted m.accordamc with. the fequlfCments' direct kxmuaet with OWNER for work on Elie of Nragraph .12.1. Such adjustments may only he: ProjeCL) jn adapt the. design to the proposed made by a Change Order or'Wriucn -Amendment in substitute and whether or not incorporation or Use accordluncewiihAatiule t?. of:the substitute in connection with the Work is - subject to payment of any License Yee or roytilty. 6.9. Subvirutecnnd "Or-Equid." (tetra: :VI variations 'ol the proposed substitute tom that . Specatted will be identified in the applicsuon. and 6.7.1.. Whmevcr an itcm of irmterial ur Lqulpincrtl w availuble mairacrlanGe, repair and repl:=icnt .specified or' describal in the ('0rinaCL Dod:pments by, scr'lce will be indicated- - The applicaucn \Gill usine the name -of a' pruprietuq= item ror the name bf a. also contain im itemized estimate of.all costs or particular Supplier, the specification or &e. 7ipticn is credit% tilt will resultdirc'ctly or indirectly from intended to establish the type. function and quality accupt'aricC of. Such substitute. includiia' ecOt5 of required- Urilmt the specl6catiori or description redi',ign and'clainis of.odier couirnetors nt%cted �;:�ccevrxu cautirno:.5 cjtn-s Y{ ocdciivu I' tv/CT77i'OF FORT C0t1.1::5 �IGr.R19C'd'rtOIJ7 (1LG\'4i2af1a1 • by the r�-,ulting change- .all' of. which will. be: CONfRAC"COR 'shall perform • not less than ?ri ctmsidercd: by : ENGINEER in evaluating the perccnt of the Work with it% own. forces (theft_ is, proposed substitute. E GLV"EER may reyuue without subcontracting): The 20 o2rcenbreguirement CONTRACTOR to furnish additional data about shall.be understood t6 refer to the Work the value of the proposcdsubsiiiute. - which totals not less than Ill percemW the Contract Price_ 6.7.1.3. C]iNTR4C`TOI s Expansd: All data -to be provided by CONTRACTOR in, support of any 6.8_2. If taw Supplanantnn Gon l [ions Bidding proposed "orequal"'cr substitute item twill. be ,al DocrtmenLs require, the idcri6ty: of certain CC)N:rR4CT'OL s- Subuonuaelors.. -Strppliers or other persons .or or ttrtizntto.M,(including those who are,to tomish the 6:1.1. Suberinrte CoAshuvrion Methoctr or principal items of materials or equipment) to be Yrocedints.: .if a. specific means, method, technique. submitted to OWNER- in advanea-of-the--spe:itied, scducnee or prrcedwc of construction, is shown• or data prior to the F.lTeutivr Date of the ;1s,2ecmcnt for indicated' in.and dRpreesly .required by the Contract acceptance by OWNER and ENG€NFER, and -if Do uments, CONTRACTOR may hr nigh or utilize_ a �C�+`.'TI ATGR Iva- . -t ,ee� $pv ed-a- ist-in substitute means. method. technique. sequence .tir aceorde gc wN�We--Supp(rmrntary—o titer, pre -dure of construction -acceptable. to FNG[NEl"R. OWINER's. or ,ENGINFER's acceptance (either in CO`iTRAOTOR'shall.submit sufficient information to writing or by failing to make �vriitcn objection thereto .allow F-\(.INEEtt in F.'trGENF.E(2's sole cliserction,.M by the date indicated for acceptance or objection in *dcurriine'that the substitute proposed is cquivalmt to the bidding documents or die Conrad Uotumertsl of that e\Tiressly called G),r by the Contract.: Documents. eF-atkieFf)ersen-oF 'The procedure for review by ENGINEER. will' be 3:1 S,,-i 1 1 i,d-rnap-be-revoked-a+ -the similar to that provided in subparagraph 6 7 t,3. jgetiorraki2Fdu�-tnFestiget3an: .. - - V ♦r-rno -Ae.11 q-, 3slit—on' tn--whfciF-i3a^w (E-�:� m-v--.-ebbs—.. (5,7;3, F_ngineer'-s F-vchiatitmih: : F\'Cfi`!k'ER %idle aeeapttilil�:,uf tttuR.; }Hc antrae'�Pryea--rctN--4x allowed a reasonable -tints, within which to evaluate- adjusted-Fay-tkt-dik+:epenee-in-Nee-ad�sE oaEn i�xrerl-Fay .each proposal or submittal amde pwxunra to such-subsutution-arid-rtrrnppropriatr-.6itangr-E�nkr paragnpls 6:7.1, 2 .and 6.7.2. ENGUEER will be the W- -are- ssueEl er lkr ttz t�exm#tne tt siv�ted will sole judge of acceptability. No "or -equal" .or constitute a condition of the Contract rcqutratg the substitute will be orderecl, installednr utilized Without use of the named suh x)ntmctors• suppliers.or other FNGINEER's prior [written aoccptance.which will tie persons or seem[ ration en..the Worl- unless prier evidenced by tither a Change Order or an ipprbvcd y'tten approval is. obtained from OWNER .arid Shop Drawing, Ok ER .may require ENGINEER No .acccptanec by OWNER. or COMRACTOR to rums. ,it CONTRACTOR's FNafNEF.R of any such Subcontractor Supplier or . esperue a special perfonuarn.e Searrmtee or other other person or oroaniiation shall constitute a waiver, surety,witti respectto any 'or-cqual''-or substitute. of any right of t %*HR,gr F-NGiNEERj it) reject ENGLN, =-R will record time required by defective Work. LNGEEER and GNGINEM's Consultants in evaluating substitute, propossed or submitted by 6_9. CONTRACTOR purarrint tp parngmptis.6,7, l;L and 6:7.2. and in making cm' rages � in. the Contract 6.9.1. CON R—ACTOR shall b, Gally responsible- to Decuutents (or in the provisioS.of any other direct Ot NI-R and LNG VEER for all acts and omissions cuntmct with. 0XV'i`TER. for wc6,, on the Project) of the .Subcontractors, Suppliersand other persons occasioned thereby. VVItether or nor ENGINEER and orzitiimtiott Nrfomi mg or funiishing any of the accepis_a substitute itent so proposed'or submitted by Work under t direct or .indirect contract n•itk CONTRACTOR CONTRACTOR shill r6tiburse CONTRACCOR just as CONTRACTOR is CWDiGR for the chnrgcs of ENGLNCER and responsible., for C'ONTRACTOR's own nuts and CNGINL•ER's Consultants for evaluating each suck omissions: 2duthinu in tkc Contract Dec icierits shall proposed substitute item. create for the 'benefit of any such Subcontractor. Supplier or .other person or bi�tnization any 6_8. .Conceming Subeuatracrurs, Sappliery and contractual relationship between .OWNER .or Orhen: LNG TE• GR and any such.SubLonuactor, Supplier or other person or organizatiarL nor shall it create any 6 8.1. CONTRACTOR shall not employany obligation on the par of OWNER or E iGE`TEER to Subcontractor, Supplier or ether person or organization pav or to axe to the payment of any moneys due any (-tncludin_ those acceptable to OWAR. and such Su6coritiactor, Supplier or other person or NIGNIERas indicated in pani�aph 6:5:2); wlxihcr orL4ariiration except as may othenvise:be requiredby initially or as a substitute, against whom OWNER or Laws and Reinilations, 'OWLiRR or ENGINEER' may ENGINEER may haves reasonable objection _furnish to any subcontractor- supplier or other person CONTRACTOR shall not be.required to employ any or onianicaion. evideru:e of amounts .mud tb Suliccmtractor; Supplier or other person or ergammuon CONITRAC'MR in accordance. with to furrush or pertorm any of ihe-Work a;;ainst whom CONTRACTOR'S "Application far Pavmrnt'": COiv CR.AC,rOR had rearaVable abjection. t.�cDCcb'�t7! LL �7GNUr0Oa,R tgws t r99n Echticfo sata'reor•FOarCOLLecsstouuicanoustiLv.i oniT 0