HomeMy WebLinkAboutBID - 7332 MAX BRT PROJECT (3)Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
MAX PROJECT
BID NO. 7332
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
MAY 10, 2012 – 3:00 P.M. (OUR CLOCK)
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section Pages
BID INFORMATION
00020 Notice Inviting Bids 00020-1 - 00020-2
00100 Instruction to Bidders 00100-1 - 00100-9
00300 Bid Form 00300-1 - 00300-3
00400 Supplements to Bid Forms 00400-1
00410 Bid Bond 00410-1 - 00410-2
00420 Statements of Bidders Qualifications 00420-1 - 00420-3
00430 Schedule of Major Subcontractors 00430-1
CONTRACT DOCUMENTS
00500 Agreement Forms 00500-1
00510 Notice of Award 00510-0
00520 Agreement 00520-1 - 00520-6
00530 Notice to Proceed 00530-1
00600 Bonds and Certificates 00600-1
00610 Performance Bond 00610-1 - 00610-2
00615 Payment Bond 00615-1 - 00615-2
00630 Certificate of Insurance 00630-1
00635 Certificate of Substantial Completion 00635-1
00640 Certificate of Final Acceptance 00640-1
00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2
00660 Consent of Surety 00660-1
00670 Application for Exemption Certificate 00670-1 - 00670-2
CONDITIONS OF THE CONTRACT
00700 General Conditions 00700-1 - 00700-34
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions 00800-1 - 00800-2
00900 Addenda, Modifications, and Payment 00900-1
00950 Contract Change Order 00950-1 - 00950-2
00960 Application for Payment 00960-1 - 00960-4
SPECIFICATIONS
SOILS REPORT
SECTION 00020
INVITATION TO BID
SECTION 00020
INVITATION TO BID
Date: March 29, 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 May 10,
2012, for the MAX Project; BID NO. 7332. If delivered, sealed bids 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.
Bids received after 3:00 P.M. May 10, 2012, our clock, will not be opened.
At said place and time, and promptly thereafter, all Bids that have been duly received
will be publicly opened and read aloud.
The Contract Documents provide for the construction of Bid 7332. The Work includes:
The MAX Bus Rapid Transit (BRT) project is a proposed north-south BRT system
in the central core of the City of Fort Collins, Colorado. The MAX BRT is located
just west of and parallel to College Avenue (US 287), one of the busiest arterials
within the City and the entire North Front Range region. The project corridor
extends from Cherry Street on the north, to approximately ¼ mile south of
Harmony Road, with a total length of five miles. The BRT System is proposed
within an exclusive guideway for 2.8 miles, with the remaining 2.2 miles intermixed
with street traffic on portions of McClelland Drive and Mason Street.
The primary components for the project are the fixed concrete guideway for the
BRT (includes signing and striping), intersection improvements, various utility
improvements, and thirteen stations and stop locations. Additionally there are two
bridge structures and multiple retaining walls. Also included are landscaping,
irrigation, traffic control, and guardrail installation along the Guideway.
Along the entire length of the corridor, the BRT runs parallel to existing Burlington
Northern and Santa Fe (BNSF) Railway tracks. At varying locations, the BRT
system is proposed within a combination of properties owned by the BNSF, the
City of Fort Collins, Colorado State University (CSU), and private land owners
which will require extensive coordination efforts.
It is anticipated that the MAX BRT service will begin operation in the first quarter of
2014.
All Bids must be in accordance with the Contract Documents with the City of Fort
Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524.
This is a Federal Transit Administration project and all bids must be in
compliance with federal requirements, including conformance to Davis-Bacon
Wage Rates. The Disadvantaged Business Enterprise DBE goal is 11%.
In order to assist prospective bidders in the preparation of their bids, including
discussion of the City’s DBE policy, a prebid conference with representatives of
prospective Bidders will be held at 9:00 am, on April 13, 2012, at City Hall Council
Chambers, 300 LaPorte Ave, Fort Collins, CO 80522. There will be no job walk.
Please direct all questions in writing to John Stephen, CPPO, LEED AP, Senior Buyer,
at (970) 221-6777 or jstephen@fcgov.com.
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:
ftp://pa-ro:saf21ari@ns2.fcgov.com
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 Sixty (60) days after the date fixed for
opening Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any informalities
and irregularities therein.
Bid security in the amount of not less than 5% of the total Bid must accompany each Bid
in the form specified in the Instructions to Bidders.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council,
shall have a financial interest in the sale to the City of any real or personal property,
equipment, material, supplies or services where such officer or employee exercises
directly or indirectly any decision-making authority concerning such sale or any
supervisory authority over the services to be rendered. This rule also applies to
subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment,
kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
City of Fort Collins
James B. O'Neill, II, CPPO, FNIGP
Director of Purchasing & Risk Management
SECTION 00100
INSTRUCTIONS TO BIDDERS
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the Standard
General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the
meanings assigned to them in the General Conditions. The term "Bidder" means
one who submits a Bid to OWNER, as distinct from a sub-bidder, who submits a
Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified,
responsible and responsive Bidder to whom OWNER (on basis of OWNER's
evaluation as hereinafter provided) makes an award. The term "Bidding
Documents" includes the Advertisement or Invitation to Bid, Instructions to
Bidders, the Bid Form, and the proposed Contract Documents (including all
Addenda issued prior to receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the
Invitation to Bid. 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. 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 Please refer to Section 00420. 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.
3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in
determining whether a bidder is responsible, the following shall be considered:
(1) The ability, capacity and skill of the bidder to perform the contract or provide
the services required, (2) whether the bidder can perform the contract or provide
the service promptly and within the time specified without delay or interference,
(3) the character, integrity, reputation, judgment, experience and efficiency of the
bidder, (4) the quality of the bidder's performance of previous contracts or
services, (5) the previous and existing compliance by the bidder with laws and
ordinances relating to the contract or service, (6) the sufficiency of the financial
resources and ability of the bidder to perform the contract or provide the service,
(7) the quality, availability and adaptability of the materials and services to the
particular use required, (8) the ability of the bidder to provide future maintenance
and service for the use of the subject of the contract, and
(9) any other circumstances which will affect the bidder's performance of the
contract.
3.3. Each Bidder will be required to show that he has performed 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 Owner and Engineer in writing 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
Project Manager or Engineer. Questions regarding submittal of bids should be
directed to the City of Fort Collins' Purchasing Division.
5.3. Addenda will also be issued to modify the Bidding Documents as deemed
advisable by OWNER or Engineer.
5.4. Addenda will be sent to all parties recorded by the OWNER as having
received the Bidding documents.
6.0 BID SECURITY
6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in
the amount stated in the Invitation to Bid. The required security must be in the
form of a certified or bank cashier's check payable to OWNER or a Bid Bond on
the form enclosed herewith. The Bid Bond must be executed by a surety meeting
the requirements of the General Conditions for surety bonds.
6.2. The Bid Security of the successful Bidder will be retained until such Bidder
has executed the Agreement and furnished the required contract security,
whereupon Bid Security will be returned. If the successful Bidder fails to execute
and deliver the Agreement and furnish the required contract security within 15
days of the Notice of Award, OWNER may annul the Notice of Award and the Bid
Security of that Bidder will be forfeited. The Bid Security of other Bidders whom
OWNER believes to have reasonable chance receiving the award may be
retained by OWNER until the earlier of the seventh day after the effective date of
the Agreement or the thirty-first day after the Bid Opening, whereupon Bid
Security furnished by such Bidders will be returned. Bid Security with Bids which
are not competitive will be returned within seven days after the Bid opening.
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to be
substantially complete and also completed and ready for Final Payment (the
Contract Times) are set forth in the Agreement.
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment
described on the Drawings or specified in the Specifications without
consideration of possible substitute or "or equal" items. Whenever it is indicated
on the Drawings or specified in the Specifications that a substitute or "or equal"
item of material or equipment may be furnished or used by CONTRACTOR if
acceptable to Engineer, application for such acceptance will not be considered
by Engineer until after the "effective date of the Agreement". The procedure for
submittal of any such application by CONTRACTOR and consideration by
Engineer is set forth in the General Conditions which may be supplemented in
the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall include with their Bid to OWNER a list of principal
subcontractors (< 5%) he proposes to use in the Work. Refer to Section 00430
contained within these Documents. Bidders will not, by naming subcontractors at
the time of their bid, be precluded from contracting with other or additional
subcontractors in the event of an award; however, in the case of subcontractors
proposed as Disadvantage Business Enterprises, the bidder must obtain the
written approval of the Director of Purchasing, or his/her designee, before
replacing any such subcontractors or reassigning its work to another
subcontractor.
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.
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 CONTRACTOR address, email address and telephone number for
communications regarding the Bid shall be shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted at the time and place indicated in the Invitation to
Bid and shall be enclosed in an opaque sealed envelope marked with the Project
title, MAX Bid No 7332, 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.
13.5. To be a responsive bidder, the contractor must include the following
completed and signed forms:
Bid Bond- Section 00420
CDOT Forms 714
Certification Regarding Lobbying
Buy America Requirements
Bid Form - Section 00300
Statement of Bidder Qualifications Section – Section 00420
Schedule of Subcontractors over 5% – 00430
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 sixty (60) days after the day of the Bid Opening,
but OWNER may, in his sole discretion, release any Bid and return the Bid
Security prior to that date.
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any and all
informalities not involving price, time or changes in the Work, to negotiate
contract terms with the Successful Bidder, and the right to disregard all
nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER
reserves the right to reject the Bid of any Bidder if OWNER believes that it would
not be in the best interest of the Project to make an award to that Bidder, whether
because the Bid is not responsive or the Bidder is unqualified or of doubtful
financial ability or fails to meet any other pertinent standard or criteria established
by OWNER. Discrepancies between the indicated sum of any column of figures
and the correct sum thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders,
whether or not the Bids comply with the prescribed requirements, and such
alternates, unit prices and other data, as may be requested in the Bid Form or
prior to the Notice of Award.
17.3. OWNER may consider the qualification and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of
the Work as to which the identity of Subcontractors, Suppliers, and other persons
and organizations is submitted as requested by OWNER. OWNER also may
consider the operating costs, maintenance requirements, performance data and
guarantees of major items of materials and equipment proposed for incorporation
in the Work when such data is required to be submitted prior to the Notice of
Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of the Bidder's proposed Subcontractors,
Suppliers and other persons and organizations to do the Work in accordance
with the Contract Documents to OWNER's satisfaction within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive
and responsible Bidder whose evaluation by OWNER indicates to OWNER that
the award will be in the best interest of the OWNER. Award shall be made on the
evaluated lowest base bid excluding alternates. The basis for award shall be the
lowest Bid total for the Schedule or, in the case of more than one schedule, for
sum of all schedules. Only one contract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a
Notice of Award within sixty (60) days after the date of the Bid opening.
18.0 CONTRACT SECURITY.
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to performance and other Bonds. When the Successful Bidder
delivers the executed Agreement to the OWNER, it shall be accompanied by the
required Contract Security.
19.0 SIGNING OF AGREEMENT.
When OWNER gives a Notice of Award to the Successful Bidder, it will be
accompanied by the required number of unsigned counterparts of the Agreement
with all other written Contract Documents attached. Within fifteen (15) days
thereafter, CONTRACTOR shall sign and deliver the required number of
counterparts of the Agreement and attached documents to OWNER with the
required Bonds. Within ten (10) days thereafter, OWNER hall deliver one fully
signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by
a complete set of the Drawings with appropriate identification.
20.0 TAXES.
OWNER is exempt from Colorado State Sales and Use Taxes on materials and
equipment to be incorporated in the Work. Said taxes shall not be included in the
Contract Price. Reference is made to the General and Supplementary
Conditions.
21.0 RETAINAGE.
Provisions concerning retainage are set forth in the Agreement.
22.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid
will be rejected and reported to authorities as such. Your authorized signature of
this Bid assures that such Bid is genuine and is not a collusive or sham Bid.
23.0 BID RESULTS.
Bid results will be posted on the Purchasing website 2 days or sooner after the
Bid Opening.
24.0 City of Fort Collins Protest Procedures
The City of Fort Collins has a protest procedure, covering any phase of solicitation or
award, including but not limited to specification or award. The protest procedures are
available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd
Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the
procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775.
SECTION 00300
BID FORM
SECTION 00300
BID FORM
PROJECT: 7332 MAX Project
Place:
Date:
1. In compliance with your Invitation to Bid dated , 2012 and subject to
all conditions thereof, the undersigned a (Corporation, Limited Liability Company,
Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the
State of Colorado hereby proposes to furnish and do everything required by the
Contract Documents to which this refers for the construction of all items listed on
the following Bid Schedule or Bid Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal is
made in good faith, without collusion or connection with any other person or
persons Bidding for the same Work, and that it is made in pursuance of and
subject to all the terms and conditions of the Invitation to Bid and Instructions to
Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining
to the Work to be done, all of which have been examined by the undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in
the sum of
($ ) in accordance with the Invitation To Bid and Instructions to
Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance
Bond and a Payment Bond for the amount of the total of this Bid within fifteen
(15) calendar days from the date when the written notice of the award of the
contract is delivered to him at the address given on this Bid. The name and
address of the corporate surety with which the Bidder proposes to furnish the
specified performance and payment Bonds is as follows:
.
5. All the various phases of Work enumerated in the Contract Documents with their
individual jobs and overhead, whether specifically mentioned, included by
implication or appurtenant thereto, are to be performed by the CONTRACTOR
under one of the items listed in the Bid Schedule, irrespective of whether it is
named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or Bid
Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No.
through .
8. BID SCHEDULE (Base Bid)
CONTRACT ITEM NO. CONTRACT ITEM UNIT QUANTITY UNIT COST TOTAL COST
201‐00001 CLEARING & GRUBBING ACRE 8.50 $ ‐
202‐00001 REMOVAL OF STRUCTURES LS 1 $ ‐
202‐00009 TREE TRIMMING LS 1 $ ‐
202‐00010 REMOVAL OF TREE EA 350 $ ‐
202‐00019 REMOVAL OF INLET EA 9 $ ‐
202‐00020 REMOVAL OF CONCRETE BOX CULVERT EA 1 $ ‐
202‐00021 REMOVAL OF MANHOLE EA 3 $ ‐
202‐00026 REMOVAL OF SLOPE AND DITCH PAVING SY 60 $ ‐
202‐00027 REMOVAL OF RIPRAP SY 24 $ ‐
202‐00035 REMOVAL OF PIPE LF 707 $ ‐
202‐00155 REMOVAL OF WALL LF 124 $ ‐
202‐00195 REMOVAL OF MEDIAN COVER SY 24 $ ‐
202‐00200 REMOVAL OF SIDEWALK SY 3,661 $ ‐
202‐00202 REMOVAL OF GUTTER LF 327 $ ‐
202‐00203 REMOVAL OF CURB & GUTTER LF 9,278 $ ‐
202‐00206 REMOVAL OF CONCRETE CURB RAMP SY 59 $ ‐
202‐00210 REMOVAL OF CONCRETE PAVEMENT SY 706 $ ‐
202‐00220 REMOVAL OF ASPHALT MAT SY 22,433 $ ‐
202‐00240 REMOVAL OF ASPHALT MAT (PLANING) SY 18,252 $ ‐
202‐00420 REMOVAL OF PEDESTRIAN RAIL LF 20 $ ‐
202‐00500 REMOVAL OF PORTIONS OF PRESENT STRUCTURE EA 9 $ ‐
202‐00610 REMOVAL OF RAILROAD TRACKS LF 570 $ ‐
202‐00700 REMOVAL OF LIGHT STANDARD EA 1 $ ‐
202‐00810 REMOVAL OF GROUND SIGN EA 45 $ ‐
202‐00821 REMOVAL OF SIGN PANEL EA 14 $ ‐
202‐00827 REMOVE PULLBOX EA 1 $ ‐
202‐01000 REMOVAL OF FENCE LF 3,955 $ ‐
202‐04000 PLUG STRUCTURE EA 2 $ ‐
202‐04001 PLUG CULVERT EA 1 $ ‐
203‐00060 EMBANKMENT MATERIAL (COMPLETE IN PLACE) CY 23,342 $ ‐
203‐00750 PCB CAP SY 1,178 $ ‐
203‐01500 BLADING HR 160 $ ‐
203‐01510 BACKHOE HR 160 $ ‐
203‐01515 BACKHOE (LANDSCAPING) HR 160 $ ‐
203‐01550 DOZING HR 160 $ ‐
203‐01580 TRUCK HR 160 $ ‐
203‐01595 POTHOLING HR 350 $ ‐
203‐02330 LABORER HR 160 $ ‐
206‐00000 STRUCTURE EXCAVATION CY 6,487 $ ‐
206‐00065 STRUCTURE BACKFILL (FLOW‐FILL) CY 158 $ ‐
206‐00100 STRUCTURE BACKFILL (CLASS 1) CY 24,363 $ ‐
206‐00200 STRUCTURE BACK FILL (CLASS 2) CY 1,806 $ ‐
206‐00360 MECHANICAL REINFORCEMENT OF SOIL CY 346 $ ‐
206‐01781 SHORING (AREA 1) LS 1 $ ‐
206‐01782 SHORING (AREA 2) LS 1 $ ‐
206‐01783 SHORING (AREA 3) LS 1 $ ‐
206‐01784 SHORING (AREA 4) LS 1 $ ‐
206‐01785 SHORING (AREA 5) LS 1 $ ‐
208‐00005 EROSION LOG LF 8,995 $ ‐
208‐00010 EROSION BALES EA 143 $ ‐
208‐00020 SILT FENCE LF 6,709 $ ‐
208‐00030 SEDIMENT BASIN EA 2 $ ‐
208‐00034 GRAVEL BAG EA 395 $ ‐
208‐00040 CHECK DAM EA 18 $ ‐
208‐00045 CONCRETE WASHOUT STRUCTURE EA 11 $ ‐
208‐00050 STORM DRAIN INLET PROTECTION EA 146 $ ‐
208‐00060 TEMPORARY SLOPE DRAIN LF 42 $ ‐
208‐00070 VEHICLE TRACKING PAD EA 17 $ ‐
208‐00206 EROSION CONTROL SUPERVISOR DAY 534 $ ‐
208‐00500 PORTABLE TOILET PROTECTION EA 11 $ ‐
208‐00600 ROUGH CUT STREET CONTROL EA 14 $ ‐
210‐00007 RESET WHEEL STOP EA 7 $ ‐
210‐00065 RESET MONUMENT (TYPE 3A) EA 3 $ ‐
210‐00427 RESET PIPE HANDRAILING LF 129 $ ‐
210‐00750 RESET LIGHT STANDARD EA 28 $ ‐
210‐00760 RESET LUMINAIRE EA 1 $ ‐
210‐00810 RESET GROUND SIGN EA 15 $ ‐
210‐00815 RESET SIGN PANEL EA 14 $ ‐
210‐00827 RESET PULL BOX EA 3 $ ‐
210‐01000 RESET FENCE LF 1,213 $ ‐
210‐01710 RESET VALVE EA 3 $ ‐
210‐02008 RELAY PIPE (8 INCH) EA 1 $ ‐
210‐02010 RELAY PIPE (10 INCH) EA 1 $ ‐
210‐02016 RELAY PIPE (16 INCH) EA 1 $ ‐
210‐02510 RELAY SPRINKLER SYSTEM LS 1 $ ‐
210‐04000 ADJUST STRUCTURE EA 4 $ ‐
210‐04010 ADJUST MANHOLE EA 40 $ ‐
210‐04020 MODIFY INLET EA 2 $ ‐
210‐04050 ADJUST VALVE BOX EA 23 $ ‐
210‐04051 ADJUST VALVE BOX (SPECIAL) EA 3 $ ‐
211‐03006 DEWATERING EA 9 $ ‐
212‐00006 SEEDING (NATIVE) ACRE 8.50 $ ‐
212‐00040 SOIL PREPARATION (LAWN) ACRE 0.31 $ ‐
212‐00050 SOD SF 13,384 $ ‐
212‐00101 TREE RETENTION AND PROTECTION EA 101 $ ‐
212‐00900 COMPOST CY 230 $ ‐
212‐00901 SAND/PEAT MIX CY 125.17 $ ‐
213‐00008 MULCHING (WOOD CHIP) CF 8,034 $ ‐
213‐00065 INORGANIC MULCH CY 74 $ ‐
213‐00070 LANDSCAPE WEED BARRIER FABRIC SY 1,340 $ ‐
213‐00700 LANDSCAPE BOULDER EA 101 $ ‐
214‐00225 DECIDUOUS TREE (2.5 INCH CALIPER) EA 13 $ ‐
214‐00230 DECIDUOUS TREE (3 INCH CALIPER) EA 129 $ ‐
214‐00350 DECIDUOUS SHRUB (5 GALLON CONTAINER) EA 308 $ ‐
214‐00508 EVERGREEN TREE (8 FOOT) (BALL AND BURLAP) EA 14 $ ‐
214‐00650 EVERGREEN SHRUB (5 GALLON CONTAINER) EA 151 $ ‐
214‐00910 PERENNIALS (1 GALLON CONTAINER) EA 4,060 $ ‐
214‐00950 PERENNIALS (5 GALLON CONTAINER) EA 183 $ ‐
215‐00060 TRANSPLANT TREE (3 TO 6 INCH) EA 4 $ ‐
215‐00100 TRANSPLANT TREE (OVER 6 INCH) EA 1 $ ‐
216‐00039 SOIL RETENTION BLANKET (STRAW) SF 14,644 $ ‐
216‐00045 SOIL RETENTION MAT (CELLULAR) SY 492 $ ‐
304‐04005 AGGREGATE BASE COURSE, CLASS 4 CY 95.13 $ ‐
304‐06000 AGGREGATE BASE COURSE, CLASS 6 TON 4,240.00 $ ‐
403‐00721 HOT MIX ASPHALT (PATCHING) (ASPHALT) SY 19,520 $ ‐
403‐33621 HOT MIX ASPHALT (GRADING S) (PG 58‐28) TON 6,698 $ ‐
411‐10255 EMULSIFIED ASPHALT (SLOW‐SETTING) GAL 1,073 $ ‐
412‐00300 CONCRETE PAVEMENT (3 INCH) SY 2.67 $ ‐
412‐00600 CONCRETE PAVEMENT (6 INCH) SY 1,268.33 $ ‐
412‐00800 CONCRETE PAVEMENT (8 INCH) SY 271.56 $ ‐
412‐00602 CONCRETE PAVEMENT (6 INCH) (SPECIAL) (COMMERCIAL DRIVEWAY) SY 151 $ ‐
412‐01001 CONCRETE PAVEMENT (10 INCH) (SPECIAL) SY 1,810 $ ‐
412‐01050 CONCRETE PAVEMENT (10 ‐1/2 INCH) SY 44,173 $ ‐
420‐00101 GEOTEXTILE PAVING FABRIC SY 18,252 $ ‐
420‐00112 GEOTEXTILE (DRAINAGE) (CLASS 1) SY 250.33 $ ‐
503‐00018 DRILLED CAISSON (18 INCH) LF 80 $ ‐
503‐00024 DRILLED CAISSON (24 INCH) LF 2,355 $ ‐
503‐00030 DRILLED CAISSON (30 INCH) LF 210 $ ‐
503‐00036 DRILLED CAISSON (36 INCH) LF 501 $ ‐
503‐00054 DRILLED CAISSON (54 INCH) LF 38 $ ‐
504‐08050 STONE LANDSCAPE WALL SF 891 $ ‐
506‐00212 RIPRAP (12 INCH) CY 88 $ ‐
506‐00224 RIPRAP (24 INCH) CY 0 $ ‐
506‐00503 RIVER ROCK (3 INCH) CY 1 $ ‐
506‐00512 RIVER ROCK (12 INCH) SY 33 $ ‐
506‐00524 GROUTED BOULDER (24 INCH) CY 0 $ ‐
507‐00000 CONCRETE SLOPE AND DITCH PAVING CY 265 $ ‐
509‐00000 STRUCTURAL STEEL LB 1,989 $ ‐
509‐00001 STRUCTURAL STEEL GALVANIZED LB 368 $ ‐
510‐00250 STRUCTURAL PLATE ARCH PIPE (10 FOOT 6 INCH X 11 FOOT 9 INCH) LF 26 $ ‐
512‐00101 BEARING DEVICE (TYPE I) EA 6 $ ‐
514‐00201 PEDESTRIAN RAILING (STEEL) (SPECIAL) LF 68 $ ‐
518‐00106 WATERSTOP (6 INCH) LF 496 $ ‐
518‐01004 BRIDGE EXPANSION DEVICE (0‐4 INCH) LF 52 $ ‐
601‐01000 CONCRETE CLASS BCY 0 $ ‐
601‐03030 CONCRETE CLASS D (BOX CULVERT) CY 204 $ ‐
601‐03040 CONCRETE CLASS D (BRIDGE) CY 315 $ ‐
601‐03050 CONCRETE CLASS D (WALL) CY 2,247 $ ‐
601‐03100 CONCRETE SLAB (SPECIAL) SY 955 $ ‐
601‐40005 CUTSTONE VENEER SF 126 $ ‐
601‐40300 STRUCTURAL CONCRETE COATING SY 4,944.28 $ ‐
602‐00000 REINFORCING STEEL LB 315 $ ‐
602‐00020 REINFORCING STEEL (EPOXY COATED) LB 465,224 $ ‐
603‐01150 15 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 922 $ ‐
603‐01185 18 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 4,458 $ ‐
603‐01245 24 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 1,720 $ ‐
603‐01305 30 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 73 $ ‐
603‐01365 36 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 0 $ ‐
604‐01425 42 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 0 $ ‐
603‐01485 48 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 416 $ ‐
603‐01545 54 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 0 $ ‐
603‐01605 60 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 0 $ ‐
603‐01845 84 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 24 $ ‐
603‐01546 54 INCH REINFORCED CONCRETE PIPE (SPECIAL) (COMPLETE IN PLACE) LF 17 $ ‐
603‐02185 23x14 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 189 $ ‐
603‐02305 38x24 INCH REINFORCED CONCRETE PIPE ELLIPTICAL (COMPLETE IN PLACE) LF 0 $ ‐
603‐03241 24 INCH EQUIVALENT REINFORCED CONCRETE PIPE ARCH (COMPLETE IN PLACE) LF 20 $ ‐
603‐03301 30 INCH EQUIVALENT REINFORCED CONCRETE PIPE ARCH (COMPLETE IN PLACE) LF 176 $ ‐
603‐03361 36 INCH EQUIVALENT REINFORCED CONCRETE PIPE ARCH (COMPLETE IN PLACE) LF 52 $ ‐
603‐05015 15 INCH REINFORCED CONCRETE END SECTION EA 1 $ ‐
603‐05018 18 INCH REINFORCED CONCRETE END SECTION EA 4 $ ‐
603‐05024 24 INCH REINFORCED CONCRETE END SECTION EA 1 $ ‐
603‐05042 42 INCH REINFORCED CONCRETE END SECTION EA 0 $ ‐
603‐05048 48 INCH REINFORCED CONCRETE END SECTION EA 1 $ ‐
603‐05060 60 INCH REINFORCED CONCRETE END SECTION EA 1 $ ‐
603‐07180 18 INCH REINFORCED CONCRETE PIPE (JACKED) LF 170 $ ‐
603‐07360 36 INCH REINFORCED CONCRETE PIPE (JACKED) LF 0 $ ‐
603‐07480 48 INCH REINFORCED CONCRETE PIPE (JACKED) LF 0 $ ‐
603‐12012 12 INCH DUCTILE IRON PIPE LF 20 $ ‐
603‐50006 6 INCH PLASTIC PIPE LF 61 $ ‐
603‐50012 12 INCH PLASTIC PIPE LF 240 $ ‐
603‐50018 18 INCH PLASTIC PIPE LF 66 $ ‐
603‐50045 42 INCH PLASTIC PIPE (SPECIAL) LF 0 $ ‐
603‐50065 60 INCH PLASTIC PIPE (SPECIAL) LF 0 $ ‐
604‐00305 INLET TYPE C (5 FOOT) EA 8 $ ‐
604‐00310 INLET TYPE C (10 FOOT) EA 1 $ ‐
604‐00315 INLET TYPE C (15 FOOT) EA 1 $ ‐
604‐00510 INLET TYPE D (10 FOOT) EA 2 $ ‐
604‐16005 INLET TYPE 16 (5 FOOT) EA 5 $ ‐
604‐16010 INLET TYPE 16 (10 FOOT) EA 1 $ ‐
604‐16505 INLET TYPE 16 (DOUBLE) (5 FOOT) EA 5 $ ‐
604‐16515 INLET TYPE 16 (DOUBLE) (15 FOOT) EA 0 $ ‐
604‐16605 INLET TYPE 16 (TRIPLE) (5 FOOT) EA 1 $ ‐
604‐16610 INLET TYPE 16 (TRIPLE) (10 FOOT) EA 1 $ ‐
604‐19105 INLET TYPE R L 5 (5 FOOT) EA 4 $ ‐
604‐19110 INLET TYPE R L 5 (10 FOOT) EA 0 $ ‐
604‐19115 INLET TYPE R L 5 (15 FOOT) EA 0 $ ‐
604‐19205 INLET TYPE R L 10 (5 FOOT) EA 1 $ ‐
604‐19210 INLET TYPE R L 10 (10 FOOT) EA 3 $ ‐
604‐19305 INLET TYPE R L 15 (5 FOOT) EA 1 $ ‐
604‐20000 OUTLET STRUCTURE EA 0 $ ‐
604‐25010 VANE GRATE INLET (10 FOOT) EA 1 $ ‐
604‐26005 VANE GRATE INLET (DOUBLE) (5 FOOT) EA 2 $ ‐
604‐30005 MANHOLE SLAB BASE (5 FOOT) EA 14 $ ‐
604‐30010 MANHOLE SLAB BASE (10 FOOT) EA 16 $ ‐
604‐30015 MANHOLE SLAB BASE (15 FOOT) EA 8 $ ‐
604‐30020 MANHOLE SLAB BASE (20 FOOT) EA 5 $ ‐
604‐31005 MANHOLE BOX BASE (5 FOOT) EA 1 $ ‐
604‐31015 MANHOLE BOX BASE (15 FOOT) EA 1 $ ‐
604‐39015 MANHOLE SPECIAL (15 FOOT) EA 6 $ ‐
604‐39020 MANHOLE SPECIAL (20 FOOT) EA 3 $ ‐
604‐90000 CLEANOUT EA 1 $ ‐
605‐00040 4" PERFORATED PIPE UNDERDRAIN LF 60 $ ‐
605‐83000 GEOCOMPOSITE DRAIN SY 1,328 $ ‐
606‐00301 GUARDRAIL TYPE 3 (6'‐3") POST SPACING LF 11,863 $ ‐
606‐00705 GUARDRAIL TYPE 7 (SPECIAL) LF 2,087 $ ‐
606‐00710 GUARDRAIL TYPE 7 (STYLE CA) LF 691 $ ‐
606‐00740 GUARDRAIL TYPE 7 (STYLE CE) LF 490 $ ‐
606‐01370 TRANSITION TYPE 3G EA 8 $ ‐
606‐01390 END ANCHORAGE TYPE 3K EA 4 $ ‐
606‐02003 END ANCHORAGE (NONFLARED) EA 4 $ ‐
606‐10700 BRIDGE RAIL TYPE 7LF 2,870 $ ‐
607‐11450 FENCE SPLIT CEDAR LF 1,853 $ ‐
607‐11530 FENCE (SPECIAL) LF 34 $ ‐
607‐53137 FENCE CHAIN LINK (SPECIAL) (36 INCH) LF 1,720 $ ‐
607‐53161 FENCE CHAIN LINK (SPECIAL) (60 INCH) LF 200 $ ‐
607‐53172 FENCE CHAIN LINK (72 INCH) LF 1,227 $ ‐
607‐53178 FENCE CHAIN LINK (SPECIAL) (78 INCH) LF 153 $ ‐
607‐53220 FENCE CHAIN LINK (120 INCH) LF 50 $ ‐
607‐53500 FENCE CHAIN LINK (PEDESTRIAN) LF 1,937 $ ‐
608‐00006 CONCRETE SIDEWALK (6 INCH) SY 17,522 $ ‐
608‐00010 CONCRETE CURB RAMP SY 1,043 $ ‐
608‐10000 SIDEWALK DRAIN LF 19 $ ‐
609‐20010 CURB TYPE 2 (SECTION B) LF 35 $ ‐
609‐21010 CURB & GUTTER TYPE 2 (SECTION IB) LF 7,500.00 $ ‐
609‐21020 CURB & GUTTER TYPE 2 (SECTION IIB) LF 5,042.40 $ ‐
609‐24004 GUTTER TYPE 2 (4 FOOT) LF 172 $ ‐
609‐24006 GUTTER TYPE 2 (6 FOOT) LF 132 $ ‐
609‐71000 CURB (SPECIAL) LF 1,745 $ ‐
610‐00030 MEDIAN COVER MATERIAL (CONCRETE) SF 265 $ ‐
612‐00001 DELINEATOR (TYPE I) EA 101 $ ‐
613‐00100 1 INCH ELECTRICAL CONDUIT LF 24 $ ‐
613‐00200 2 INCH ELECTRICAL CONDUIT LF 3,017 $ ‐
613‐00206 2 INCH ELECTRICAL CONDUIT (BORED) LF 2,150 $ ‐
613‐00300 3 INCH ELECTRICAL CONDUIT LF 292 $ ‐
613‐00306 3 INCH ELECTRICAL CONDUIT (BORED) LF 2,150 $ ‐
613‐00400 4 INCH ELECTRICAL CONDUIT LF 292 $ ‐
613‐04020 HANGAR SYSTEM L S1 $ ‐
613‐07038 PULL BOX (36"X48"X18") EA 20 $ ‐
613‐90001 ELECTRICAL INFRASTRUCTURE (HARMONY) LS 1 $ ‐
613‐90002 ELECTRICAL INFRASTRUCTURE (TROUTMAN) LS 1 $ ‐
613‐90003 ELECTRICAL INFRASTRUCTURE (HORSETOOTH) LS 1 $ ‐
613‐90004 ELECTRICAL INFRASTRUCTURE (SWALLOW) (TWO PLATFORMS) LS 1 $ ‐
613‐90005 ELECTRICAL INFRASTRUCTURE (DRAKE) LS 1 $ ‐
613‐90006 ELECTRICAL INFRASTRUCTURE (BAY FARM) (TWO PLATFORMS) LS 1 $ ‐
613‐90007 ELECTRICAL INFRASTRUCTURE (PROSPECT) LS 1 $ ‐
613‐90008 ELECTRICAL INFRASTRUCTURE (UNIVERSITY) LS 1 $ ‐
613‐90009 ELECTRICAL INFRASTRUCTURE (LAUREL) (TWO PLATFORMS) LS 1 $ ‐
613‐90010 ELECTRICAL INFRASTRUCTURE (MULBERRY) (TWO PLATFORMS) LS 1 $ ‐
613‐90011 ELECTRICAL INFRASTRUCTURE (OLIVE) (TWO PLATFORMS) LS 1 $ ‐
613‐90012 ELECTRICAL INFRASTRUCTURE (MOUNTAIN) (TWO PLATFORMS) LS 1 $ ‐
613‐90013 ELECTRICAL INFRASTRUCTURE (DOWNTOWN TRANSIT CENTER) LS 1 $ ‐
614‐00011 SIGN PANEL (CLASS I) SF 474.40 $ ‐
614‐00012 SIGN PANEL (CLASS II) SF 176 $ ‐
614‐00035 SIGN PANEL (SPECIAL) SF 235 $ ‐
614‐00216 STEEL SIGN POST (2X2 INCH TUBING) LF 1,456 $ ‐
614‐93000 GATE SYSTEM EA 14 $ ‐
618‐00142 PRESTRESSED CONCRETE I (BT42) LF 489 $ ‐
619‐10625 62 INCH WELDED STEEL PIPE (SPECIAL) (JACKED) LF 0 $ ‐
620‐00005 FiIELD OFFICE (SPECIAL) EA 1 $ ‐
622‐00270 BOLLARD EA 27 $ ‐
623‐10000 3/4" WINTERIZATION ASSEMBLY EA 5 $ ‐
623‐10001 3/4" SUB‐METER WINTERIZATION ASSEMBLY EA 4 $ ‐
623‐10002 3/4" TAP ASSEMBLY EA 4 $ ‐
623‐10003 3/4" WATER METER ASSEMBLY EA 5 $ ‐
623‐10004 3/4" WATER SUB‐METER ASSEMBLY EA 2 $ ‐
623‐10005 3/4" BACKFLOW PREVENTION ASSEMBLY EA 5 $ ‐
623‐10006 1" MASTER VALVE ASSEMBLY EA 6 $ ‐
623‐10007 1" FLOW SENSOR ASSEMBLY EA 6 $ ‐
623‐10008 4" PRESSURE REDUCING VALVE ASSEMBLY EA 1 $ ‐
623‐10009 4" ISOLATION GATE VALVE ASSEMBLY EA 2 $ ‐
623‐10010 3" ISOLATION GATE VALVE ASSEMBLY EA 4 $ ‐
623‐10011 2‐1/2" ISOLATION GATE VALVE ASSEMBLY EA 2 $ ‐
623‐10012 2" ISOLATION GATE VALVE ASSEMBLY EA 1 $ ‐
623‐10013 1‐1/2" ISOLATION GATE VALVE ASSEMBLY EA 1 $ ‐
623‐10014 1‐1/4" ISOLATION GATE VALVE ASSEMBLY EA 8 $ ‐
623‐10015 1" QUICK COUPLING VALVE ASSEMBLY EA 25 $ ‐
623‐10016 3/4" TYPE K COPPER PIPE LF 160 $ ‐
623‐10017 6" HDPE, SDR‐9 PIPE LF 600 $ ‐
623‐10018 3" HDPE, SDR‐9 PIPE LF 1,180 $ ‐
623‐10019 14" C905 PVC PIPE LF 100 $ ‐
623‐10020 6" CL 200 PVC PIPE LF 1,620 $ ‐
623‐10021 4" CL 200 PVC PIPE LF 2,260 $ ‐
623‐10022 3" CL 200 PVC PIPE LF 1,560 $ ‐
623‐10023 2‐1/2" CL 200 PVC PIPE LF 520 $ ‐
623‐10024 2" CL 200 PVC PIPE LF 3,400 $ ‐
623‐10025 1‐1/2" CL 200 PVC PIPE LF 1,260 $ ‐
623‐10026 1‐1/4" CL 200 PVC PIPE LF 2,220 $ ‐
623‐10027 1" CL 200 PVC PIPE LF 140 $ ‐
623‐10028 2‐1/2" CL 160 PVC PIPE LF 80 $ ‐
623‐10029 2" CL 160 PVC PIPE LF 120 $ ‐
623‐10030 1‐1/2" CL 160 PVC PIPE LF 20 $ ‐
623‐10031 1‐1/4" CL 160 PVC PIPE LF 680 $ ‐
623‐10032 1" CL 160 PVC PIPE LF 8,340 $ ‐
623‐10033 0.75" UV RESISTANT POLYETHYLENE PIPE LF 5,960 $ ‐
623‐10034 1‐1/2" REMOTE CONTROL VALVE ASSEMBLY EA 7 $ ‐
623‐10035 1" REMOTE CONTROL VALVE ASSEMBLY EA 20 $ ‐
623‐10036 POP‐UP SPRAY SPRINKLER ASSEMBLY EA 230 $ ‐
623‐10037 POP‐UP ROTOR SPRINKLER ASSEMBLY EA 91 $ ‐
623‐10038 1" DRIP REMOTE CONTROL VALVE ASSEMBLY EA 17 $ ‐
623‐10039 DRIP ZONE CONTROL VALVE ASSEMBLY EA 31 $ ‐
623‐10040 DRIP FLUSH CAP ASSEMBLY EA 46 $ ‐
623‐10041 DRIP EMITTER ASSEMBLY EA 6,970 $ ‐
623‐10042 ROOT WATERING SYSTEM BUBBLER ASSEMBLY EA 72 $ ‐
623‐10043 STREAM BUBBLER ASSEMBLY EA 146 $ ‐
623‐10044 IRRIGATION CONTROLLER ASSEMBLY (FORT COLLINS SYSTEM ‐ PEDESTAL MOUNTE EA 6 $ ‐
623‐10045 RAIN/FREEZE SENSOR ASSEMBLY EA 6 $ ‐
623‐10046 IRRIGATION CONTROLLER ASSEMBLY (CSU SYSTEM ‐ PEDESTAL MOUNTED) EA 2 $ ‐
623‐10047 PRECAST IRRIGATION JUNCTION BOX ASSEMBLY EA 1 $ ‐
623‐10048 FLOW SENSOR COMMUNICATION CABLE LF 2,120 $ ‐
623‐10049 CONTROL WIRE 24 VOLT, DIRECT BURY LF 52,900 $ ‐
623‐10050 TRACING WIRE, DIRECT BURY LF 8,300 $ ‐
623‐10051 IRRIGATION DEMOLITION LS 7 $ ‐
625‐00000 CONSTRUCTION SURVEYING LS 1 $ ‐
626‐00000 MOBILIZATION LS 1 $ ‐
626‐00200 PUBLIC INFORMATION OFFICER LS 1 $ ‐
626‐00300 SYSTEM SAFETY AND SECURITY MANAGER DAY 390 $ ‐
627‐00008 LATEX PAVEMENT MARKINGS SF 36,947 $ ‐
627‐00070 PREFORMED THERMOPLASTIC PAVEMENT MARKING SF 2,303 $ ‐
630‐50000 CONSTRUCTION TRAFFIC CONTROL LS 1 $ ‐
633‐00001 HARMONY STATION SHELTER, ICON AND ID BEACON LS 1 $ ‐
633‐00002 TROUTMAN STATION SHELTER, ICON AND ID BEACON LS 1 $ ‐
633‐00003 HORSETOOTH STATION SHELTER, ICON AND ID BEACON LS 1 $ ‐
633‐00004 SWALLOW STOP SHELTERS, ICON AND ID BEACON (SHELTER PAIRS) LS 1 $ ‐
633‐00005 DRAKE STATION SHELTER, ICON AND ID BEACON LS 1 $ ‐
633‐00006 BAY FARM STOP SHELTERS, ICON AND ID BEACON (SHELTER PAIRS) LS 1 $ ‐
633‐00007 PROSPECT STATION SHELTER, ICON AND 2 ID BEACONS (PROSPECT AND LAKE) LS 1 $ ‐
633‐00008 UNIVERSITY STATION SHELTER, ICON AND ID BEACON LS 1 $ ‐
633‐00009 LAUREL STOP SHELTERS AND ICON (SHELTER PAIRS) LS 1 $ ‐
633‐00010 MULBERRY STOP SHELTERS AND ICON (SHELTER PAIRS) LS 1 $ ‐
633‐00011 OLIVE STOP SHELTERS AND ICON (SHELTER PAIRS) LS 1 $ ‐
633‐00012 MOUNTAIN STOP SHELTERS AND ICON (SHELTER PAIRS) LS 1 $ ‐
633‐00013 DOWNTOWN TRANSIT CENTER SHELTER LS 1 $ ‐
660‐00000 TRENCHING LF 13,742 $ ‐
660‐00001 CONTROLLED LOW STRENGTH MATERIAL CY 1,992 $ ‐
660‐00002 DIRECTIONAL BORING LF 7,512 $ ‐
660‐00003 2" HDPE SDR11 LF 30,316 $ ‐
660‐00004 3" HDPE SDR11 LF 7,512 $ ‐
660‐00005 4" HDPE SDR11 LF 7,512 $ ‐
660‐00006 2" PVC SCH 40 LF 48,780 $ ‐
660‐00007 3" PVC SCH 40 LF 12,582 $ ‐
660‐00008 4" PVC SCH 40 LF 12,582 $ ‐
660‐00009 1" GRC CONDUIT LF 2,700 $ ‐
660‐00010 2" GRC CONDUIT LF 1,683 $ ‐
660‐00011 3" GRC CONDUIT LF 421 $ ‐
660‐00012 4" GRC CONDUIT LF 421 $ ‐
660‐00013 36"X48" VAULT EA 56 $ ‐
660‐00014 24" X 30" X 18" PULL BOX EA 7 $ ‐
660‐00015 24" X 24" X 18" PULL BOX EA 18 $ ‐
660‐00016 12" X 18" X 18" PULL BOX EA 37 $ ‐
660‐00017 LAYER 3 ETHERNET SWITCH EA 9 $ ‐
660‐00018 LAYER 2 ETHERNET SWITCH EA 21 $ ‐
660‐00019 WIRELESS ACCESS POINTS EA 26 $ ‐
660‐00020 EMERGENCY CALL BOX EA 21 $ ‐
660‐00021 SURGE ARRESTERS EA 235 $ ‐
660‐00022 FIBER PATCH PANEL (12CT) EA 19 $ ‐
660‐00223 FIBER PATCH PANEL (48 CT) EA 2 $ ‐
660‐00225 FIBER PATCH PANEL (48 CT DD) EA 2 $ ‐
660‐00023 CAT 6 PATCH CABLES EA 235 $ ‐
660‐00024 CAT 6 CABLES LF 7,600 $ ‐
660‐00025 SYSTEMS INTEGRATION TESTING LS 1 $ ‐
660‐00026 BACKBONE FIBER CABLE AND SPLICES LF 31,259 $ ‐
660‐00027 DROP FIBER CABLE AND TERMINATION PANELS LF 6,364 $ ‐
660‐00028 VARIABLE MESSAGE SIGNS EA 29 $ ‐
660‐00029 PUBLIC ADDRESS AMPLIFIER AND SPEAKERS EA 19 $ ‐
660‐00030 LCD DISPLAY AND DIGITAL SIGNAGE SYSTEM EA 21 $ ‐
660‐00031 PUBLIC ADDRESS AMPLIFIER AND SPEAKERS (STC) EA 11 $ ‐
700‐70010 F/A 01 MINOR CONTRACT REVISIONS FA 1 $ 250,000.00 $ 250,000.00
700‐70016 F/A 02 FUEL COST ADJUSTMENT FA 1 $ 30,000.00 $ 30,000.00
700‐70019 F/A 03 ASPHALT CEMENT COST ADJUSTMENT FA 1 $ 10,000.00 $ 10,000.00
700‐70042 F/A 04 RAILROAD FLAGGING FA 1 $ 1,752,000.00 $ 1,752,000.00
700‐70495 F/A 05 PARTNERING FA 1 $ 10,000.00 $ 10,000.00
700‐71000 F/A 06 FACILITY VIDEO SECURITY SYSTEM FA 1 $ 306,618.00 $ 306,618.00
MSO OUTFALL (LINE F1 AND MSO POND) LS 1 $ ‐ $ ‐
UNIVERSITY STATION (CSU RESPONSIBILITY) LS 1 0 $ ‐
In Words
Total Base Bid items
CONTRACT ITEM NO. CONTRACT ITEM UNIT QUANTITY UNIT COST TOTAL COST
202‐00019 REMOVAL OF INLET EA 3 $ ‐ $ ‐
202‐00021 REMOVAL OF MANHOLE EA 1 $ ‐ $ ‐
202‐00035 REMOVAL OF PIPE LF 657 $ ‐ $ ‐
506‐00224 RIPRAP (24 INCH) CY 56 $ ‐ $ ‐
506‐00524 GROUTED BOULDER (24 INCH) CY 24 $ ‐ $ ‐
601‐01000 CONCRETE CLASS BCY 2 $ ‐ $ ‐
603‐01150 15 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 52 $ ‐ $ ‐
603‐01185 18 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 202 $ ‐ $ ‐
603‐01245 24 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 424 $ ‐ $ ‐
603‐01305 30 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 619 $ ‐ $ ‐
603‐01365 36 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 694 $ ‐ $ ‐
603‐01485 48 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 10 $ ‐ $ ‐
603‐01545 54 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 393 $ ‐ $ ‐
603‐01605 60 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 711 $ ‐ $ ‐
603‐02305 38x24 INCH REINFORCED CONCRETE PIPE ELLIPTICAL (COMPLETE IN PLACE) LF 36 $ ‐ $ ‐
603‐07480 48 INCH REINFORCED CONCRETE PIPE (JACKED) LF 40 $ ‐ $ ‐
603‐50065 60 INCH PLASTIC PIPE (SPECIAL) LF 46 $ ‐ $ ‐
604‐00305 INLET TYPE C (5 FOOT) EA 3 $ ‐ $ ‐
604‐00310 INLET TYPE C (10 FOOT) EA 1 $ ‐ $ ‐
604‐16010 INLET TYPE 16 (10 FOOT) EA 1 $ ‐ $ ‐
604‐16515 INLET TYPE 16 (DOUBLE) (15 FOOT) EA 2 $ ‐ $ ‐
604‐19110 INLET TYPE R L 5 (10 FOOT) EA 3 $ ‐ $ ‐
604‐19115 INLET TYPE R L 5 (15 FOOT) EA 1 $ ‐ $ ‐
604‐19205 INLET TYPE R L 10 (5 FOOT) EA 1 $ ‐ $ ‐
604‐20000 OUTLET STRUCTURE EA 1 $ ‐ $ ‐
604‐30005 MANHOLE SLAB BASE (5 FOOT) EA 1 $ ‐ $ ‐
604‐30010 MANHOLE SLAB BASE (10 FOOT) EA 6 $ ‐ $ ‐
604‐30015 MANHOLE SLAB BASE (15 FOOT) EA 10 $ ‐ $ ‐
604‐31015 MANHOLE BOX BASE (15 FOOT) EA 5 $ ‐ $ ‐
619‐10625 62 INCH WELDED STEEL PIPE (SPECIAL) (JACKED) LF 79 $ ‐ $ ‐
$ ‐
MSO OUTFALL (LINE F1 AND MSO POND)
CITY OF FORT COLLINS
MAX BUS RAPID TRANSIT PROJECT
BRT CONSTRUCTION
MSO OUTFALL (LINE F1 AND MSO POND)
CONTRACT ITEM NO. CONTRACT ITEM UNIT QUANTITY UNIT COST TOTAL COST
202‐00200 REMOVAL OF SIDEWALK SY 29 $ ‐ $ ‐
202‐00203 REMOVAL OF CURB & GUTTER LF 484 $ ‐ $ ‐
202‐00220 REMOVAL OF ASPHALT MAT SY 1,153 $ ‐ $ ‐
608‐00006 CONCRETE SIDEWALK (6 INCH) SY 947 $ ‐ $ ‐
608‐00010 CONCRETE CURB RAMP SY 17 $ ‐ $ ‐
$ ‐
UNIVERSITY STATION (CSU RESPONSIBILITY)
CITY OF FORT COLLINS
MAX BUS RAPID TRANSIT PROJECT
BRT CONSTRUCTION
TOTAL UNIVERSITY STATION (CSU RESPONSIBILITY)
CONTRACT ITEM NO. CONTRACT ITEM UNIT QUANTITY UNIT COST TOTAL COST
202‐00019 REMOVAL OF INLET EA 2 $ ‐ $ ‐
202‐00021 REMOVAL OF MANHOLE EA 1 $ ‐ $ ‐
202‐00035 REMOVAL OF PIPE LF 650 $ ‐ $ ‐
202‐00500 REMOVAL OF PORTIONS OF PRESENT STRUCTURE EA 1 $ ‐ $ ‐
202‐04001 PLUG CULVERT EA 1 $ ‐ $ ‐
206‐00065 STRUCTURE BACKFILL (FLOW‐FILL) CY 108 $ ‐ $ ‐
216‐00045 SOIL RETENTION MAT (CELLULAR) SY 492 $ ‐ $ ‐
412‐00600 CONCRETE PAVEMENT (6 INCH) SY 34.00 $ ‐ $ ‐
412‐00800 CONCRETE PAVEMENT (8 INCH) SY 272.00 $ ‐ $ ‐
506‐00212 RIPRAP (12 INCH) CY 17 $ ‐ $ ‐
506‐00224 RIPRAP (24 INCH) CY 56 $ ‐ $ ‐
506‐00524 GROUTED BOULDER (24 INCH) CY 24 $ ‐ $ ‐
601‐01000 CONCRETE CLASS BCY 2 $ ‐ $ ‐
603‐01150 15 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 50 $ ‐ $ ‐
603‐01185 18 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 100 $ ‐ $ ‐
603‐01245 24 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 424 $ ‐ $ ‐
603‐01305 30 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 692 $ ‐ $ ‐
603‐01365 36 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 1,222 $ ‐ $ ‐
603‐01425 42 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 592 $ ‐
603‐02305 38x24 INCH REINFORCED CONCRETE PIPE ELLIPTICAL (COMPLETE IN PLACE) LF 18 $ ‐ $ ‐
603‐05042 42 INCH REINFORCED CONCRETE END SECTION EA 1 $ ‐
603‐07360 36 INCH REINFORCED CONCRETE PIPE (JACKED) LF 82 $ ‐
603‐50045 42 INCH PLASTIC PIPE (SPECIAL) LF 46 $ ‐
604‐00305 INLET TYPE C (5 FOOT) EA 2 $ ‐ $ ‐
604‐00310 INLET TYPE C (10 FOOT) EA 1 $ ‐ $ ‐
604‐16010 INLET TYPE 16 (10 FOOT) EA 1 $ ‐ $ ‐
604‐16515 INLET TYPE 16 (DOUBLE) (15 FOOT) EA 2 $ ‐ $ ‐
604‐19110 INLET TYPE R L 5 (10 FOOT) EA 3 $ ‐ $ ‐
604‐19115 INLET TYPE R L 5 (15 FOOT) EA 1 $ ‐ $ ‐
604‐19205 INLET TYPE R L 10 (5 FOOT) EA 1 $ ‐ $ ‐
604‐20000 OUTLET STRUCTURE EA 1 $ ‐ $ ‐
604‐30010 MANHOLE SLAB BASE (10 FOOT) EA 5 $ ‐ $ ‐
604‐30015 MANHOLE SLAB BASE (15 FOOT) EA 9 $ ‐ $ ‐
604‐31015 MANHOLE BOX BASE (15 FOOT) EA 3 $ ‐ $ ‐
$ ‐
AD/ALTERNATE 1 ‐ MSO OUTFALL
CITY OF FORT COLLINS
MAX BUS RAPID TRANSIT PROJECT
BRT CONSTRUCTION
TOTAL AD\ALT MSO OUTFALL
(These costs will not be included in the base bid)
CONTRACT ITEM NO. CONTRACT ITEM UNIT QUANTITY UNIT COST TOTAL COST
660‐00028 VARIABLE MESSAGE SIGNS EA 8 $ ‐ $ ‐
$ ‐
(These costs will not be included in the base bid)
CITY OF FORT COLLINS
MAX BUS RAPID TRANSIT PROJECT
BRT CONSTRUCTION
Total Base Bid items
AD/ALTERNATE 2 ‐ STC VMS SIGNS
PLEASE NOTE: An electronic copy of the Bid Schedule has been uploaded as a
separate Microsoft Excel file.
9. PRICES
The foregoing prices shall include all labor, materials, transportation, shoring, removal,
dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the
several kinds called for.
Bidder acknowledges that the OWNER has the right to delete items in the Bid or change
quantities at his sole discretion without affecting the Agreement or prices of any item so
long as the deletion or change does not exceed twenty-five percent (25%) of the total
Agreement Price.
RESPECTFULLY SUBMITTED:
CONTRACTOR
BY:
Printed Date
Title
License Number (If Applicable)
(Seal - if Bid is by corporation) Attest:
Address
Telephone
Email
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
SECTION 00410
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned
as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort
Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly
to be made, we hereby jointly and severally bind ourselves, successors, and assigns.
THE CONDITION of this obligation is such that whereas the Principal has submitted to
the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof
to enter into a Construction Agreement for the construction of Fort Collins Project, 7332
MAX Project.
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the Principal shall execute and deliver a
Contract in the form of Contract attached hereto (properly completed in
accordance with said Bid) and shall furnish a BOND for his faithful performance
of said Contract, and for payment of all persons performing labor or furnishing
materials in connection therewith, and shall in all other respects perform the
Agreement created by the acceptance of said Bid, then this obligation shall be
void; otherwise the same shall remain in force and effect, it being expressly
understood and agreed that the liability of the Surety for any and all claims
hereunder shall, in no event, exceed the penal amount of this obligation as
herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said
Surety and its BOND shall be in no way impaired or affected by any extension of the
time within which the OWNER may accept such Bid; and said Surety does hereby waive
notice of any such extension.
Surety Companies executing bonds must be authorized to transact business in the
State of Colorado and be accepted by the OWNER.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals this day of , 20__, and such of them as are corporations have
caused their corporate seals to be hereto affixed and these presents to be signed by
their proper officers, the day and year first set forth above.
PRINCIPAL SURETY
Name:
Address:
By: By:
Title: Title:
ATTEST:
By:
(SEAL) (SEAL)
SECTION 00420
CONTRACTOR MINIMUM QUALIFICATIONS AND
STATEMENT OF BIDDER'S QUALIFICATIONS
CONTRACTOR MINIMUM QUALIFICATIONS
1. The General Contractor for the Mason Corridor Project must have completed at
least one (1) project(s) of similar size and complexity in the past five (5) years for
the Mason Corridor portion of the project. The Superintendent for the Mason
Corridor must have managed at least one (1) FTA and Transit related project(s)
that include similar major amenities associated with the Michael Baker Jr. Inc
construction plans within the last ten (10) years. Contractor shall provide
agency/municipal contact information for project qualifying experience.
Verification of experience shall be a condition precedent to award of this contract.
2. The Project Manager must have been involved in at least two (2) FTA and
Transit related project within the last ten (10) years with similar project amenities.
Contractor must provide for the Project Manager current agency/municipal
contact information for project qualifying experience. Verification of experience
will be a condition precedent to award of this contract.
3. Contractor must hold the appropriate State and/or local licenses to perform the
work in the local jurisdiction.
4. A Superintendent must be designated for the MAX Mason Corridor.
STATEMENT OF BIDDER'S QUALIFICATIONS
As part of the bid submittal, Contractors must provide a statement of qualifications that
addresses the following. This shall include a letter signed by a person in responsible
charge of the company verifying similar experience to that of the Mason Corridor MAX
BRT. The statement of qualifications shall be provided as the first document of
the bid proposal, inside a bound and sealed bid envelope, but as a separate
document from the bid proposal.
All questions must be answered and information provided as requested. The information
given must be clear, concise and comprehensive.
1. Name of Bidder including permanent address and date business was
organization. Include information on corporation status, and where business is
incorporated.
2. How long your company has been engaged in the contracting business under
your present firm or trade name.
3. General Contractor license number, class, location obtained relative to the
project.
4. Banking reference with name and contact information.
5. Available credit limits.
6. Are any lawsuits pending against you or your firm in the Region at this time? If
yes, please detail.
7. Willingness to provide a detailed financial statement for the company.
8. List of any defaulted contracts or debarments specifically with government
agencies.
9. What are the limits of your public liability? Who is the insurance provider?
10. List limits of bonding and provider, as well as current value of bonded projects in
the Region and United States.
11. Provide detailed resumes for key personnel assigned to this project including the
Project Manager, Site Superintendent for the MAX Mason Corridor, associated
Foreman’s, Public Information Officer and Safety and Security Manager. Include
specific involvement with the FTA for each.
12. Provide background and experience of principal members of your organization
including officers that have been involved in projects of similar complexities and
scope of services.
13. Contracts currently in the Region, contract amounts for each and anticipated
dates of completion.
14. Provide a current project back-log list with project budgets in the Region or
surrounding states and staff availability to complete the project according to the
contract time allowed.
15. Do you anticipate subcontracting work under this contract and if so, what percent
of the total contract, for what portions of the project, and how long have you
worked with these subcontractors.
16. List of major relevant equipment available for this contract.
17. Describe your firms approach to working with the Engineer/Architect and the
Owner during preconstruction, estimating, change order and construction.
18. In a brief statement, describe your understanding of the scope of work and your
company’s value added philosophy. (2-page maximum)
19. Describe your understanding of Federal Transit Administration Construction
Assistance grants.
20. What is your experience with Partnering? What types of projects included
Partnering, what was the project amount and what were number of participants?
21. List 3 projects of similar complexities to this project recently completed by your
company involving FTA grants, transit, and system components, stating the
approximate cost of each, and the month and year completed, location, and type
of construction. Provide two current agency contacts and phone numbers for
each project.
21a. Of the projects listed above, where you able to meet the initial fixed budget for
each? If not, explain why major change orders were required, who initiated the
change order and what the value of the change orders were.
22. The undersigned hereby authorizes and requests any person, firm or corporation
to furnish any information requested by the OWNER in verification of the recital
comprising this Statement of Bidder's Qualifications.
Dated at ________________ this ______ day of __________________, 20__.
Name of Bidder
By:
Title:
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors performing
over 5% of the contract. You may attach a separate sheet.
ITEM SUBCONTRACTOR
COLORADO DEPARTMENT OF TRANSPORTATION
BIDDERS LIST DATA and UNDERUTILIZED
DBE (UDBE) BID CONDITIONS ASSURANCE
Project #:
Location:
Prime Contractor Instructions: This form has two sections, both must be completed and submitted with your bid. Complete
Section I to list all subcontract quotes received (non-DBE and DBE). Complete Section II to report only Underutilized DBE
(UDBE) participation percentages which qualify under the contract goal specification for this project. Please review CDOT Form
#715 instructions before completing Section II. Attach additional sheets as necessary.
POLICY
It is the policy of the Colorado Department of Transportation that underutilized disadvantaged business enterprises have equal
opportunity to participate on projects financed with federal, state or local entity funds. Consistent with 49 Code of Federal
Regulations (CFR) Part 26.11, the Bidders List data provided by the Contractors will provide CDOT as accurate data as
possible about the universe of DBE and non-DBE firms actively seeking work on its highway construction contracts, for use in
setting overall DBE goals.
SECTION I: CDOT BIDDERS LIST INFORMATION (Non-DBEs and DBEs)
1) Are all subcontract bids (quotes) received by your firm for this project listed below? ❑ Yes ❑ No
2) If No, make certain any additional subcontract bidding information is submitted to the CDOT Business Programs Office
before 4:00 pm on the day after bids are opened to ensure CDOT has the best data possible for setting future DBE goals
(use the same table format as below):
CDOT Business Programs Office
4201 E. Arkansas Ave., Room 200
Denver, Colorado 80222 FAX: 303-757-9019 EMAIL: eo@dot.state.co.us
3) The most recent CDOT Bidders List will be posted online at: www.dot.state.co.us/EEO/DBEProgramPage.htm
Name of firm submitting Bid/Quote
Certified
DBE firm? Work item(s) description
Firm being
used?
Yes No Yes No
Maybe
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? Work item(s) description
Firm being
used?
Yes No Yes No
Maybe
15.
16.
17.
18.
19.
20.
SECTION II: UNDERUTILIZED DBE (UDBE) PARTICIPATION COMMITMENT
1) Total eligible Underutilized DBE (UDBE) percentage amount from Box A below: . %
2) Will your company’s Underutilized DBE (UDBE) participation commitment meet the contract goal? ❑ Yes ❑ No
3) List the UDBE firms, committed work items, and eligible UDBE percentage of your bid committed to each.
UDBE Firm name Certification # Committed work item(s)
% Commitment
toward DBE Goal*
1.
2.
3.
4.
5.
BOX A: TOTAL ELIGIBLE UDBE PERCENTAGE AMOUNT (Round to nearest hundredth)
* Detailed instructions on how to calculate DBE commitment amounts are available on CDOT Form #715 and in the “Counting DBE Participation
Toward Contract Goals and CDOT’s annual DBE goal” section of the “DBE – Definitions and Requirements” in the Standard Special Provisions.
I understand that, if my company is determined to be the low bidder for the contract on this project, I must submit a completed
CDOT Form #715 CERTIFICATION OF UNDERUTILIZED DBE PARTICIPATION for each firm listed in Section II of this form
to the Transportation Department by 4:00 pm on the third work day after the day bids are opened. The actual amounts
submitted on each CDOT Form #715 must equal or exceed the DBE percentage commitments documented on this
form. In addition, if my company does not meet the DBE/UDBE goal for this project, I must submit a completed
CDOT Form #718 DBE GOOD FAITH EFFORT DOCUMENTATION before 4:00 pm on the day after bids are opened.
CDOT Form #715s submitted for firms not included on this form, OR for amounts exceeding those listed on this
form, will be accepted but NOT counted as Good Faith Efforts. Only the efforts the contractor made prior to the bid
opening will count as Good Faith Efforts.
I understand my obligation to abide by the Policy stated above Section I. I shall not discriminate on the basis of race, color,
age, sex, national origin, or handicap in the bidding process or the performance of contracts.
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR
FEDERAL LAWS, THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST
OF MY KNOWLEDGE.
. %
. %
. %
. %
. %
. %
Company Name: Date:
Company Officer Signature: Title:
/ /
Page 2 of 2 Previous editions are obsolete and may not be used CDOT Form #714 4/08
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2)
herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995
(P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31, U.S.C. 1352 (as
amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
[Note: Pursuant to 31 U.S.C.1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such expenditure or
failure.]
The Contractor, ___________________________________________, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply
to this certification and disclosure, if any.
_________________________________________
Signature of Contractor's Authorized Official
_____________________________________
Name and Title of Contractor's Authorized Official
___________________________
Date
BUY AMERICA REQUIREMENTS -49 U.S.C. 5323(j) - 49 CFR Part 661
Certification requirement for procurement of steel, iron, or manufactured
products.
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
5323(j)(1) and the applicable regulations in 49 CFR Part 661.
Date _________________________________________________________________
Signature______________________________________________________________
Company
Name_______________________________________________________________
Title __________________________________________________________________
OR
BUY AMERICA REQUIREMENTS -49 U.S.C. 5323(j) - 49 CFR Part 661
A bidder or offeror must submit to the FTA recipient the appropriate Buy America
certification with all bids on FTA-funded contracts, except those subject to a general
waiver. Bids or offers that are not accompanied by a completed Buy America
certification must be rejected as nonresponsive. This requirement does not apply to
lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured
products.
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1), but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(B)
or (j)(2)(D) and the regulations in 49 CFR 661.7.
Date ________________________________________________________________
Signature _____________________________________________________________
Company
Name_______________________________________________________________
Title ________________________________________________________________
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
DATE:
TO:
PROJECT: 7332 MAX Project
OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated , 20 for the above project has
been considered. You are the apparent successful Bidder and have been awarded an
Agreement for 7332 MAX Project.
The Price of your Agreement is ($ ).
Three (3) copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of Award. Three (3) sets of the Drawings will be delivered
separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen (15) days of the
date of this Notice of Award, that is by , 20 .
1. You must deliver to the OWNER three (3) fully executed counterparts of the
Agreement including all the Contract Documents. Each of the Contract Documents must
bear your signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as
specified in the Instructions to Bidders, General Conditions (Article 5.1) and
Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle OWNER to
consider your Bid abandoned, to annul this Notice of Award and to declare your Bid
Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return to you
one (1) fully-signed counterpart of the Agreement with the Contract Documents
attached.
City of Fort Collins
OWNER
By:
James B. O’Neill, II, CPPO, FNIGP
Director of Purchasing & Risk Management
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the day of in the year of 20 and
shall be effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
(hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Project for which the Work under the Contract Documents may
be the whole or only a part is defined as the construction of the 7332 MAX
Project and is generally described in Section 01010.
ARTICLE 2. ENGINEER
The Project has been designed by Michael Baker Jr. Inc., 165 S. Union Blvd.,
Ste. 200, Lakewood, CO 80228. Construction Manager (to be determined) will
assume all duties and responsibilities and will have the rights and authority
respectively assigned to ENGINEER and ARCHITECT in the Contract
Documents in connection with completion of the Work in accordance with the
Contract Documents. The Engineer as specified in the contract documents
refers to City personnel and/or consultants hired by the COFC to perform specific
duties associated with the project and will be identified during the pre-
construction meeting.
ARTICLE 3. CONTRACT TIMES
3.1 The Work for MAX Mason Corridor shall be Substantially Complete on or
before January 1, 2014 as provided in the General Conditions and completed
and ready for Final Payment and Acceptance in accordance with the General
Conditions within thirty (30) calendar days after the date when the Contract
Times commence to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement and that OWNER will suffer financial loss if the
Work is not completed within the times specified in paragraph 3.1. above, plus
any extensions thereof allowed in accordance with Article 12 of the General
Conditions.
They also recognize the delays, expenses and difficulties involved in proving in a
legal preceding the actual loss suffered by OWNER if the Work is not completed
on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as Liquidated damages for delay (but not as penalty)
CONTRACTOR shall pay OWNER the amounts set forth hereafter.
1) Substantial Completion:
Thirty-Two Thousand Dollars ($32,000) for each calendar day or
fraction thereof that expires after the January 1, 2014 deadline for
Substantial Completion of the Work until the Work is Substantially
Complete.
2) Final Acceptance:
After Substantial Completion, Five Thousand Dollars ($5,000) for
each calendar day or fraction thereof that expires after the thirty
(30) calendar day period for Final Payment and Acceptance until
the Work is ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows:
Dollars ($ ), in accordance with Section 00300, attached and incorporated
herein by this reference.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's Application for
Payment as recommended by ENGINEER, once each month during construction
as provided below. All progress payments will be on the basis of the progress of
the Work measured by the schedule of values established in paragraph 2.6 of the
General Conditions and in the case of Unit Price Work based on the number of
units completed, and in accordance with the General Requirements concerning
Unit Price Work.
5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as
contract retainage five percent (5%) of each progress payment, but, in each
case, less the aggregate of payments previously made and less such amounts
as ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on
recommendation of Engineer, Owner determines that the character and progress
of the Work have been satisfactory to OWNER and ENGINEER, OWNER may
determine that as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on account of Work
completed in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100% of the Work completed. 95% of
materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as provided
in paragraph 14.2 of the General Conditions) may be included in the application
Section 00520 Page 3 for payment.
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of
the Contract Price, less such amounts as ENGINEER shall determine or
OWNER may withhold in accordance with paragraph 14.7 of the General
Conditions or as provided by law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall pay
the remainder of the Contract Price as recommended by ENGINEER as provided
in said paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and Laws
and Regulations that in any manner may affect cost, progress, performance or
furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are identified in
the Supplementary Conditions as provided in paragraph 4.2 of the General
Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of the
Work at the Contract Price, within the Contract Times and in accordance with the
other terms and conditions of the Contract Documents, including specifically the
provisions of paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the accurate
location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information or data
in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price,
within the Contract Times and in accordance with the other terms and conditions
of the Contract Documents, including specifically the provision of paragraph 4.3.
of the General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General
Conditions, Supplementary Conditions, those items included in the definition of
“Contract Documents” in Article 1.10 of the General Conditions, and such other
items as are referenced in this Article 7, all of which are incorporated herein by
this reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related actions
in carrying out the terms of this Agreement are deemed Contract Documents and
incorporated herein by this reference, and include, but are not limited to, the
following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
MAX Construction Plans
Volume 1
SHEET NO. SHEET TITLE
1 COVER SHEET
2 STANDARD PLANS LIST
3 SURVEY TABULATION SHEET
4 - 5 GENERAL NOTES
6 - 8 STANDARD SYMBOLS
9 - 23 BRT TYPICAL SECTIONS
24 - 33 SUMMARY OF APPROXIMATE QUANTITIES
34 - 41 TABULATION OF REMOVALS, RESETS & ADJUSTMENTS
42 - 46 SUMMARY OF CONCRETE ITEMS
47 - 48 SUMMARY OF SURFACING ITEMS
49 - 50 MISCELLANEOUS TABULATIONS
51 - 63 GEOMETRIC LAYOUT PLAN
64 BRT ROADWAY KEY MAP
65 - 120 BRT ROADWAY PLAN AND PROFILES
121 - 124 BIKEWAY PLAN AND PROFILES
125 DEMOLITION PLAN
126 - 182 REMOVALS, RESETS & ADJUSTMENTS
183 - 197 INTERSECTION DETAIL SHEETS
198 - 204 ROADWAY DETAIL SHEETS
205 - 214 STATION AREA PLANS
215 - 220 MISCELLANEOUS DETAILS
221 - 254 JOINTING PLANS
255 DRAINAGE SITE PLAN KEY MAP
256 - 266 TABULATION OF DRAINAGE STRUCTURES
267 - 315 DRAINAGE SITE PLANS
316 - 338 DRAINAGE PROFILES
339 - 358 DRAINAGE DETAILS
359 - 360 FLOODPLAIN INDEX MAPS
361 - 365 FLOODPLAIN MAPS
366 - 369 FLOODPLAIN CROSS SECTIONS
370 - 373 STORMWATER MANAGEMENT PLAN NOTES
374 - 375 TABULATION OF EROSION CONTROL STRUCTURES
376 STORMWATER MANAGEMENT PLAN KEY MAP
377 - 432 STORMWATER MANAGEMENT PLANS
433 UTILITY LEGEND AND NOTES
434 - 435 TABULATION OF UTILITIES
436 UTILITY SITE PLAN KEY MAP
437 - 491 UTILITY SITE PLANS
492 - 521 BRT OVER MAIL CREEK BRIDGE
522 - 536 CULVERT STRUCTURES
537 - 575 RETAINING WALLS
Volume 2
SHEET NO. SHEET TITLE
576 COVER SHEET
577 – 578 SIGNING AND PAVEMENT MARKING NOTES, TABULATION OF PAVEMENT
MARKINGS
579 - 593 TABULATION OF SIGNS
594 SIGNING AND PAVEMENT MARKING PLAN KEY MAP
595 - 621 SIGNING AND PAVEMENT MARKING PLANS
622 TRAFFIC SIGNAL NOTES AND QUANTITIES
623 - 636 TRAFFIC SIGNAL PLANS
637 - 795 STATION ARCHITECTURE PLANS
796 - 803 STATION CANOPY STRUCTURAL
804 - 919 MIS INFRASTRUCTURE PLANS
920 - 948 ELECTRICAL PLANS
949 - 968 LANDSCAPE PLANS
969 - 998 TREE MITIGATION
999 - 1014 IRRIGATION SLEEVING PLANS
1015 - 1028 IRRIGATION DEMOLITION PLANS
1029 - 1061 IRRIGATION PLANS
7.5. The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract Documents
pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or incorporated by
reference in this Article 7. The Contract Documents may only be amended,
modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General
Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the
General Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the written
consent of the party sought to be bound; and specifically but not without
limitations, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in
any written consent to an assignment no assignment will release or discharge
that assignor from any duty or responsibility under the Contract Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
Agreement and obligations contained in the Contract Document.
OWNER: CITY OF FORT COLLINS CONTRACTOR:
By: By:
DARIN ATTEBERRY, CITY MANAGER
By:
JAMES B. O’NEILL II, CPPO, FNIGP PRINTED
DIRECTOR OF PURCHASING
AND RISK MANAGEMENT
Title: Title:
Date: Date:
Attest: (CORPORATE SEAL)
City Clerk
Address for giving notices:
P. O. Box 580
Fort Collins, CO 80522 Attest:
Approved as to Form Address for giving notices:
Assistant City Attorney
License No.:
SECTION 00530
NOTICE TO PROCEED
Description of Work: 7332 MAX Project
To:
This notice is to advise you:
That the contract covering the above described Work has been fully executed by the
CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been
received by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby
authorized and directed to proceed within ( ) calendar days from receipt of this notice as
required by the Agreement.
Dated this day of , 20 .
The dates for Substantial Completion and Final Acceptance shall be , 20_
and , 20__, respectively.
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day of
, 20__.
CONTRACTOR:
By:
Title:
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of ____________
in lawful money of the United States, for the payment of which sum well and truly to be made,
we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of , 20 , a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins
Project, 7332 MAX Project.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Agreement during the
original term thereof, and any extensions thereof which may be granted by the OWNER, with or
without Notice to the Surety and during the life of the guaranty period, and if the Principal shall
satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and
save harmless the OWNER from all cost and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER
may incur in making good any default then this obligation shall be void; otherwise to remain in
full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this _____ day of _____ ____, 20__.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:_____________________________________
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins,
300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to
as "the OWNER", in the penal sum of
in lawful money of the United States, for the payment of which sum well and truly to be made,
we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of , 20 , a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins
project, 7332 MAX Project
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Agreement and any authorized extension or modification thereof, including
all amounts due for materials, lubricants, repairs on machinery, equipment and tools,
consumed, rented or used in connection with the construction of such Work, and all insurance
premiums on said Work, and for all labor, performed in such Work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this day of , 20__.
IN PRESENCE OF: Principal
(Title) (Title)
(Corporate Seal)
(Address)
IN PRESENCE OF: Other Partners
_____________________________ By:
_____________________________ By:
IN PRESENCE OF: Surety
_____________________________ By:_____________________________________
_____________________________
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7332 MAX Project
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR:
CONTRACT DATE:
The Work performed under this contract has been inspected by authorized
representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or
specified part of the project, as indicated above) is hereby declared to be substantially
completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may
not be exhaustive, and the failure to include an item on it does not alter the
responsibility of the CONTRACTOR to complete all the Work in accordance with the
Contract Documents.
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and
agrees to complete and correct the items on the tentative list within the time indicated.
CONTRACTOR AUTHORIZED REPRESENTATIVE
DATE
The OWNER accepts the project or specified area of the project as substantially
complete and will assume full possession of the project or specified area of the project
at 12:01 a.m., on . The responsibility for heat, utilities,
security, and insurance under the Contract Documents shall be as set forth under
"Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER AUTHORIZED REPRESENTATIVE
DATE
REMARKS:
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
, 20__
TO:
Gentlemen:
You are hereby notified that on the day of , 20__, the City of
Fort Collins, Colorado, has accepted the Work completed by for the City of Fort
Collins project, 7332 MAX Project.
A check is attached hereto in the amount of $ as Final
Payment for all Work done, subject to the terms of the Contract Documents which are
dated , 20 .
In conformance with the Contract Documents for this project, your obligations and
guarantees will continue for the specified time from the following date:____________
__, 20__.
Sincerely,
OWNER: City of Fort Collins
By:
Title:
ATTEST:
Title:
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: (CONTRACTOR)
PROJECT: 7332 MAX Project
1. The CONTRACTOR acknowledges having received payment, except retainage from
the OWNER for all work, labor, skill and material furnished, delivered and performed by
the CONTRACTOR for the OWNER or for anyone in the construction, design,
improvement, alteration, addition or repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged, the CONTRACTOR
voluntarily waives all rights, claims and liens, including but not limited to, mechanic's
liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor
and material bond rights which the CONTRACTOR may now or may afterward have,
claim or assert for all and any work, labor, skill or materials furnished, delivered or
performed for the construction, design, improvement, alteration, addition or repair of the
above described project, against the OWNER or its officers, agents, employees or
assigns, against any fund of or in the possession or control of the OWNER, against the
project or against all land and the buildings on and appurtenances to the land improved
by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or
performed to or for the construction, design, improvement, alteration, addition or repair
of the project were furnished, delivered or performed by the CONTRACTOR or its
agents, employees, and servants, or by and through the CONTRACTOR by various
Subcontractors or materialmen or their agents, employees and servants and further
affirms the same have been paid in full and have released in full any and all existing or
possible future mechanic's liens or rights or claims against the project or any funds in
the OWNER'S possession or control concerning the project or against the OWNER or
its officers, agents, employees or assigns arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if
any, and the Surety on the project against and from any claim hereinafter made by the
CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or
assigns against the project or against the OWNER or its officers, employees, agents or
assigns arising out of the project for all loss, damage and costs, including reasonable
attorneys fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes
and adequate description of the property and improvements to which this Lien Waiver
Release pertains. It is further acknowledged that this Lien Waiver Release is for the
benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any
labor and material bonds for the project.
Signed this day of , 20__.
CONTRACTOR:
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of 20__, by
.
Witness my hand and official seal.
My Commission Expires: Notary Public
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR:
PROJECT: 7332 MAX Project
CONTRACT DATE:
In accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR as indicated above, for
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to the CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
day of , 20____ .
(Surety Company)
By:
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
DR 0172 (12/98)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303) 232-2416
DO NOT WRITE IN THIS SPACE
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials
for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and
materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road,
street, or other public works owned and used by the exempt organization.
Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by
law.
A separate certificate is required for each contract.
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor
to issue certificates to each of the subcontractors. (See reverse side).
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
Registration/Account No. (to be assigned by DOR)
89 -
Period 0170-750 (999) $0.00
CONTRACTOR INFORMATION
Trade name/DBA: Owner, partner, or corporate name:
Mailing address (City, State, Zip): Contact Person
E-Mail address: Federal Employer’s Identification Number: Bid amount for your contract:
$
Fax Number:
( )
Business telephone number:
( )
Colorado withholding tax account number:
EXEMPTION INFORMATION Copies of contract or agreement pages (1) identifying the contracting parties
and (2) containing signatures of contracting parties must be attached.
Name of exempt organization (as shown on contract):
Exempt organization’s number:
98 -
Address of exempt organization (City, State, Zip):
Principal contact at exempt organization: Principal contact’s telephone number:
Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located)
Scheduled
construction start date:
Month Day Year Estimated
completion date:
Month Day Year
I declare under penalty of perjury in the second degree that the statements made in this application are
true and complete to the best of my knowledge.
Signature of owner, partner or corporate officer: Title of corporate officer: Date:
DO NOT WRITE BELOW THIS LINE
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(XIX)
6
Special Notice
Contractors who have completed this application in the past, please note the following
changes in procedure:
The Department will no longer issue individual Certificates of exemption to
subcontractors. Only prime contractors will receive a Contractor’s Exemption Certificate
on exempt projects.
Upon receipt of the Certificate, the prime contractor should make a copy for each
subcontractor involved in the project and complete it by filling in the subcontractor’s
name and address and signing it.
The original Certificate should always be retained by the prime contractor. Copies of all
Certificates that the prime contractor issued to subcontractors should be kept at the
prime contractor’s place of business for a minimum of three years and be available for
inspection in the event of an audit.
Once an 89# has been assigned to you, please use the next five numbers following it
for any applications submitted for future projects. This should be your permanent
number. For instance, if you were assigned 89-12345-0001, every application
submitted thereafter should contain 89-12345 on the application. The succeeding
numbers will be issued by the Department of Revenue. DO NOT enter what you
believe to be the next in sequence as this may delay processing of your application.
SECTION 00700
GENERAL CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of
Fort Collins modifications) and other provisions of the Contract Documents as indicated
below.
SC-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 Investigation & Pavement Recommendations for
Mason Street Corridor BRT Project, WO#30521908-08-01, prepared by
CTL Thompson Inc., May 22, 2009.
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.
B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing
surface or subsurface structures (except Underground Facilities referred
to in Paragraph 4.3) which are at or contiguous to the site have been
utilized by the Engineer in preparation of the Contract Documents, except
the following:
SC-5.1 Performance, Payment and Other Bonds:
Payment bond is changed to the correct percentage per #19, Bonding
Requirements, found in the Federal Requirements titled “Federal Transit
Administration”.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
City of Fort Collins, State of Colorado and Burlington Northern
Santa Fe Railroad (BNSF) must be named as 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-INS Additional Insurance Requirements
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 $5,000,000 each occurence and an aggregate limit
of at least $10,000,000, but in no event less than the amount
otherwise carried by the Contractor. Coverage must be purchased
on a post 2004 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 under this agreement.
B. Business Automobile Insurance. This insurance shall contain a
combined single limit of at least $1,000,000 per occurrence, and
include coverage for, but not limited to the following:
• Bodily injury and property damage
• Any and all vehicles owned, used or hired
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 (Pmt B) with limits of at least $500,000
each accident, $500,000 by disease policy limit, $500,000 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.
D. Railroad Protective Liability insurance naming only the Railroad as
the Insured with coverage of at least $5,000,000 per OCCUlTence
and $10,000,000 in the aggregate. The policy Shall be issued on a
standard ISO form CG 0035 1093 and include the following:
• Endorsed to include the Pollution Exclusion Amendment
(ISO form CG 283110 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.
Contractor agrees to waive its right of recovery against Railroad for all
claims and suits against Railroad. In addition, its insurers, through the
terms of the policy or policy endorsement, waive their right of subrogation
against Railroad for all claims and suits. The certificate of insurance must
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 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 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 1201O-BN
Hemet, CA 9 2546-8010
Fax number: 9 51-652-2882
Email: bnsf@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 underwriting 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
indemnify 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.
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 LLC", "BNSF RAlLW AY COMPANY" and the subsidiaries, successors,
assigns and affiliates of each.
SC-FED Federal Contract Clauses
A. The clauses on the following pages are hereby added.
SC-DB Davis Bacon Wages
A. The clauses on the following pages are hereby added.
0
MAX/BRT Project; BID NO. 7332
FEDERAL TRANSIT ADMINISTRATION
TABLE OF CONTENTS
Federally Required and Other Model Contract Clauses
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES ........................................................................................1
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS ......................................1
3. ACCESS TO RECORDS AND REPORTS.................................................................................................................1
4. FEDERAL CHANGES ...........................................................................................................................................2
5. TERMINATION...................................................................................................................................................3
6. CIVIL RIGHTS REQUIREMENTS ..........................................................................................................................4
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ...............................................................................................5
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS........................................................6
9. GOVERNMENT‐WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)................................................6
10. BUY AMERICA....................................................................................................................................................7
11. BREACHES AND DISPUTE RESOLUTION.............................................................................................................8
12. LOBBYING..........................................................................................................................................................9
13. CLEAN AIR .......................................................................................................................................................11
14. CLEAN WATER REQUIREMENTS......................................................................................................................11
15. CARGO PREFERENCE REQUIREMENTS............................................................................................................11
16. FLY AMERICA REQUIREMENTS........................................................................................................................12
17. DAVIS‐BACON AND COPELAND ANTI‐KICKBACK ACTS....................................................................................12
18. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT..............................................................................19
19. BONDING REQUIREMENTS .............................................................................................................................20
20. SEISMIC SAFETY REQUIREMENTS....................................................................................................................23
21. ENERGY CONSERVATION REQUIREMENTS .....................................................................................................23
22. RECYCLED PRODUCTS .....................................................................................................................................23
23. Conformance with ITS National Architecture.................................................................................................23
24. ADA Access......................................................................................................................................................24
25. CITY OF FORT COLLINS BID PROTEST PROCEDURES .......................................................................................24
1
1. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the Federal
Government is not a party to this contract and shall not be subject to any obligations or liabilities
to the Purchaser, Contractor, or any other party (whether or not a party to that contract)
pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of
the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the
underlying contract or the FTA assisted project for which this contract work is being performed.
In addition to other penalties that may be applicable, the Contractor further acknowledges that if
it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the Program
Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves
the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses
shall not be modified, except to identify the subcontractor who will be subject to the provisions.
3. ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor
agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the
2
United States or any of their authorized representatives access to any books,
documents, papers and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions.
Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator
or his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described
at 49 U.S.C. 5307, 5309 or 5311.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination
or expiration of this contract, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or
any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
D. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract
Characteristics
Operational
Service
Contract
Turnkey Construction Architectural
Engineering
Acquisition
of Rolling
Stock
Professional Services
I State Grantees
a. Contracts below SAT
($100,000)
b. Contracts above
$100,000/Capital
Projects
None
None
unless1
non-
competitive
award
Those
imposed on
state pass
thru to
Contractor
None
Yes, if non-
competitive
award or if
funded thru2
5307/5309/5
311
None
None unless
non-
competitive
award
3
promulgated from time to time during the term of this contract. Contractor's failure to so comply
shall constitute a material breach of this contract.
5. TERMINATION
a. Termination for Convenience (General Provision) The City may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it is in the
Government's best interest. The Contractor shall be paid its costs, including contract close-out
costs, and profit on work performed up to the time of termination. The Contractor shall promptly
submit its termination claim to the City to be paid the Contractor. If the Contractor has any
property in its possession belonging to the City, the Contractor will account for the same, and
dispose of it in the manner the City directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is
for services, the Contractor fails to perform in the manner called for in the contract, or if the
Contractor fails to comply with any other provisions of the contract, the City may terminate this
contract for default. Termination shall be effected by serving a notice of termination on the
contractor setting forth the manner in which the Contractor is in default. The contractor will only
be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner of performance set forth in the contract.
If it is later determined by the City that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the
control of the Contractor, the City, after setting up a new delivery of performance schedule, may
allow the Contractor to continue work, or treat the termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The City in its sole discretion may, in the
case of a termination for breach or default, allow the Contractor [an appropriately short period of
time] in which to cure the defect. In such case, the notice of termination will state the time
period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to the City’s satisfaction the breach or default of any of the terms,
covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of
written notice from the City setting forth the nature of said breach or default, the City shall have
the right to terminate the Contract without any further obligation to Contractor. Any such
termination for default shall not in any way operate to preclude the City from also pursuing all
available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract, such
waiver by the City shall not limit the City’s remedies for any succeeding breach of that or of any
other term, covenant, or condition of this Contract.
e. Termination for Default (Construction) If the Contractor refuses or fails to
prosecute the work or any separable part, with the diligence that will insure its completion within
the time specified in this contract or any extension or fails to complete the work within this time,
or if the Contractor fails to comply with any other provisions of this contract, the City may
terminate this contract for default. The City shall terminate by delivering to the Contractor a
4
Notice of Termination specifying the nature of the default. In this event, the Recipient may take
over the work and compete it by contract or otherwise, and may take possession of and use any
materials, appliances, and plant on the work site necessary for completing the work. The
Contractor and its sureties shall be liable for any damage to the Recipient resulting from the
Contractor's refusal or failure to complete the work within specified time, whether or not the
Contractor's right to proceed with the work is terminated. This liability includes any increased
costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with
damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond
the control and without the fault or negligence of the Contractor. Examples of
such causes include: acts of God, acts of the Recipient, acts of another
Contractor in the performance of a contract with the Recipient, epidemics,
quarantine restrictions, strikes, freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the
City in writing of the causes of delay. If in the judgment of the City, the delay is
excusable, the time for completing the work shall be extended. The judgment of
the City shall be final and conclusive on the parties, but subject to appeal under
the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was
not in default, or that the delay was excusable, the rights and obligations of the parties will be
the same as if the termination had been issued for the convenience of the Recipient.
6. CIVIL RIGHTS REQUIREMENTS
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate
against any employee or applicant for employment because of race, color, creed, national
origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable
Federal implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. §
5332, the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending
5
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e
note), and with any applicable Federal statutes, executive orders, regulations, and
Federal policies that may in the future affect construction activities undertaken in the
course of the Project. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without
regard to their race, color, creed, national origin, sex, or age. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the
Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE
participation is 9.9%. A separate contract goal [of 11% DBE participation has] been
established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other remedy
as City of Fort Collins deems appropriate. Each subcontract the contractor signs with
a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. {If a separate contract goal has been established, use the following}
Bidders/offerors are required to document sufficient DBE participation to meet these
goals or, alternatively, document adequate good faith efforts to do so, as provided for in
49 CFR 26.53. Award of this contract is conditioned on submission of the following
[concurrent with and accompanying sealed bid]:
6
1. The names and addresses of DBE firms that will participate in this
contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm
participating;
4. Written documentation of the bidder/offeror’s commitment to use a
DBE subcontractor whose participation it submits to meet the
contract goal;
5. Written confirmation from the DBE that it is participating in the
contract as provided in the prime contractor’s commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do
so.
[Bidders] must present the information required above [as a matter of
responsiveness] [with initial proposals] (see 49 CFR 26.53(3)).
d. The contractor is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than 30 days after the
contractor’s receipt of payment for that work from the City of Fort Collins. In addition,
[is required to return any retainage payments to those subcontractors within 30
days after incremental acceptance of the subcontractor’s work by the City of Fort
Collins and contractor’s receipt of the partial retainage payment related to the
subcontractor’s work.]
e. The contractor must promptly notify City of Fort Collins whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete
its work, and must make good faith efforts to engage another DBE subcontractor to
perform at least the same amount of work. The contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate
without prior written consent of City of Fort Collins.
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include,
in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set
forth in the preceding contract provisions. All contractual provisions required by DOT, as set
forth in FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary
herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The Contractor shall not perform any
act, fail to perform any act, or refuse to comply with any (name of grantee) requests which
would cause (name of grantee) to be in violation of the FTA terms and conditions.
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal agencies,
DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide
regulation implements Executive Order 12549, Debarment and Suspension, Executive Order
7
12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-
355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected
to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally
required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in
that the dollar threshold for application of these rules has been lowered from $100,000 to
$25,000. These are contracts and subcontracts referred to in the regulation as “covered
transactions.”
Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are
required to verify that the entity (as well as its principals and affiliates) they propose to contract
or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded
Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or
condition to the contract or subcontract. This represents a change from prior practice in that
certification is still acceptable but is no longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must
require the entities they contract with to comply with 49 CFR 29, subpart C and include this
requirement in their own subsequent covered transactions (i.e., the requirement flows down to
subcontracts at all levels).
Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional method
of verifying that contractors are not excluded or disqualified by certification.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert agency
name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to {insert agency name}, the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment. The
bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this
offer is valid and throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
10. BUY AMERICA
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide
that Federal funds may not be obligated unless steel, iron, and manufactured products used in
8
FTA-funded projects are produced in the United States, unless a waiver has been granted by
FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7,
and include final assembly in the United States for 15 passenger vans and 15 passenger
wagons produced by Chrysler Corporation, and microcomputer equipment and software.
Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R.
661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic
content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids or offers on FTA-funded contracts, except those subject to a general
waiver. Bids or offers that are not accompanied by a completed Buy America certification must
be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products
Certificate of Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C.
5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5.
Date _____________________________________________________________________
Signature _________________________________________________________________
Company Name ____________________________________________________________
Title _____________________________________________________________________
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49
U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date _____________________________________________________________________
Signature _________________________________________________________________
Company Name ___________________________________________________________
Title _____________________________________________________________________
11. BREACHES AND DISPUTE RESOLUTION
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of City's
[title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from
the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the
[title of employee]. In connection with any such appeal, the Contractor shall be afforded an
opportunity to be heard and to offer evidence in support of its position. The decision of the [title
of employee] shall be binding upon the Contractor and the Contractor shall abide be the
decision.
9
Performance During Dispute - Unless otherwise directed by City, Contractor shall continue
performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or
others for whose acts he is legally liable, a claim for damages therefor shall be made in writing
to such other party within a reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the City and the Contractor arising out of or relating to this
agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court
of competent jurisdiction within the State in which the City is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and
the rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. No action or
failure to act by the City, (Architect) or Contractor shall constitute a waiver of any right or duty
afforded any of them under the Contract, nor shall any such action or failure to act constitute an
approval of or acquiescence in any breach thereunder, except as may be specifically agreed in
writing.
12. LOBBYING
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are
mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act
of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR §
20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7,
which provides that contractors file the certification required by 49 CFR Part 20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49
CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying,"
61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply
or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20,
"New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting
to influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the
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name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or
award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the
recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
PART 1 -
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
PART 2 -
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2)
herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995
(P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited
expenditure or fails to file or amend a required certification or disclosure form shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure
or failure.]
The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition, the Contractor understands
and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and
disclosure, if any.
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__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date
13. CLEAN AIR
Clean Air –
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The
Contractor agrees to report each violation to the Purchaser and understands and agrees
that the Purchaser will, in turn, report each violation as required to assure notification to FTA
and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
14. CLEAN WATER REQUIREMENTS
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
15. CARGO PREFERENCE REQUIREMENTS
Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use
privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or commodities pursuant to the underlying contract
to the extent such vessels are available at fair and reasonable rates for United States-Flag
commercial vessels; b. to furnish within 20 working days following the date of loading for
shipments originating within the United States or within 30 working days following the date of
leading for shipments originating outside the United States, a legible copy of a rated, "on-board"
commercial ocean bill-of -lading in English for each shipment of cargo described in the
preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime
Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the
case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts
issued pursuant to this contract when the subcontract may involve the transport of equipment,
material, or commodities by ocean vessel.
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16. FLY AMERICA REQUIREMENTS
The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance
with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide
that recipients and subrecipients of Federal funds and their contractors are required to use U.S.
Flag air carriers for U.S Government-financed international air travel and transportation of their
personal effects or property, to the extent such service is available, unless travel by foreign air
carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit,
if a foreign air carrier was used, an appropriate certification or memorandum adequately
explaining why service by a U.S. flag air carrier was not available or why it was necessary to
use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly
America requirements. The Contractor agrees to include the requirements of this section in all
subcontracts that may involve international air transportation.
17. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS
Background and Application
The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874.
The Acts apply to grantee construction contracts and subcontracts that “at least partly are
financed by a loan or grant from the Federal Government.” 40 USC 3145(a), 29 CFR 5.2(h), 49
CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29
CFR 5.5(a). ‘Construction,’ for purposes of the Acts, includes “actual construction, alteration
and/or repair, including painting and decorating.” 29 CFR 5.5(a). The requirements of both
Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and
reproduced below.
The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model
clause below should be coordinated with counsel to ensure the Acts’ requirements are satisfied.
Clause Language
Davis-Bacon and Copeland Anti-Kickback Acts
(1) Minimum wages –
(i) All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination
of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the
contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits
under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions of
paragraph (1)(iv) of this section; also, regular contributions made or costs incurred
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for more than a weekly period (but not less often than quarterly) under plans, funds,
or programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill,
except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing
work in more than one classification may be compensated at the rate specified for
each classification for the time actually worked therein: Provided, That the
employer's payroll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional
classifications and wage rates conformed under paragraph (1)(ii) of this section) and
the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and
its subcontractors at the site of the work in a prominent and accessible place where it
can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and
wage rate and fringe benefits therefore only when the following criteria have been
met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be
performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the wage
determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a
classification prevails in the area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in
the classification (if known), or their representatives, and the contracting
officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action
taken shall be sent by the contracting officer to the Administrator of the
Wage and Hour Division, Employment Standards Administration, U.S.
Department of Labor, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed
in the classification or their representatives, and the contracting officer do
not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the contracting
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officer shall refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the
30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section,
shall be paid to all workers performing work in the classification under this
contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefit as
stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third
person, the contractor may consider as part of the wages of any laborer
or mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics
which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The
contracting officer shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer agree
on the classification and wage rate (including the amount designated for fringe
benefits where appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour Division,
Employment Standards Administration, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
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(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on
the proposed classification and wage rate (including the amount designated for
fringe benefits, where appropriate), the contracting officer shall refer the
questions, including the views of all interested parties and the recommendation
of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination with 30
days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all
workers performing work in the classification under this contract from the first day
on which work is performed in the classification.
(2) Withholding - The City of Fort Collins shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to
be withheld from the contractor under this contract or any other Federal contract with the
same prime contractor, or any other federally-assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime contractor, so much of
the accrued payments or advances as may be considered necessary to pay laborers
and mechanics, including apprentices, trainees, and helpers, employed by the contractor
or any subcontractor the full amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the work (or under the United States Housing Act of
1937 or under the Housing Act of 1949 in the construction or development of the
project), all or part of the wages required by the contract, the City of Fort Collins may,
after written notice to the contractor, sponsor, applicant, or owner, take such action as
may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.
(3) Payrolls and basic records –
(i) Payrolls and basic records relating thereto shall be maintained by the contractor
during the course of the work and preserved for a period of three years thereafter for
all laborers and mechanics working at the site of the work (or under the United
States Housing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and
social security number of each such worker, his or her correct classification, hourly
rates of wages paid (including rates of contributions or costs anticipated for bona fide
fringe benefits or cash equivalents thereof of the types described in section
1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include
the amount of any costs reasonably anticipated in providing benefits under a plan or
program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual cost incurred in providing
such benefits. Contractors employing apprentices or trainees under approved
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programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the City of Fort Collins for transmission to the
Federal Transit Administration. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under section 5.5(a)(3)(i)
of Regulations, 29 CFR part 5. This information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose and may be purchased
from the Superintendent of Documents (Federal Stock Number 029-005-00014-1),
U.S. Government Printing Office, Washington, DC 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the contract and shall certify the
following:
(1) That the payroll for the payroll period contains the information required
to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5
and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid
the full weekly wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or indirectly from
the full wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the
classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth
on the reverse side of Optional Form WH-347 shall satisfy the
requirement for submission of the "Statement of Compliance" required by
paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under section
1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under
paragraph (a)(3)(i) of this section available for inspection, copying, or
transcription by authorized representatives of the Federal Transit
Administration or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job.
If the contractor or subcontractor fails to submit the required records or to
make them available, the Federal agency may, after written notice to the
17
contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records
upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees –
(i) Apprentices - Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to
and individually registered in a bona fide apprenticeship program registered with the
U.S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship Agency recognized by
the Bureau, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate)
to be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who
is not registered or otherwise employed as stated above, shall be paid not less than
the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any apprentice performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually performed.
Where a contractor is performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in the contractor's or
subcontractor's registered program shall be observed. Every apprentice must be
paid at not less than the rate specified in the registered program for the apprentice's
level of progress, expressed as a percentage of the journeymen hourly rate specified
in the applicable wage determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable classification. If
the Administrator of the Wage and Hour Division of the U.S. Department of Labor
determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the
event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency
recognized by the Bureau, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has received
prior approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of trainees to journeymen on the
job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less
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than the rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines
that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate
who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable
wage rate on the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. In
the event the Employment and Training Administration withdraws approval of a
training program, the contractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR part
30.
(5) Compliance with Copeland Act requirements - The contractor shall comply
with the requirements of 29 CFR part 3, which are incorporated by reference in this
contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts
the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as
the Federal Transit Administration may by appropriate instructions require, and also
a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR
5.5 may be grounds for termination of the contract, and for debarment as a
contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3,
and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor
standards provisions of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7.
Disputes within the meaning of this clause include disputes between the contractor
(or any of its subcontractors) and the contracting agency, the U.S. Department of
Labor, or the employees or their representatives.
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(10) Certification of eligibility –
(i) By entering into this contract, the contractor certifies that neither it (nor he or she)
nor any person or firm who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-
Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or
29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001.
18. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Background and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The
Act applies to grantee contracts and subcontracts “financed at least in part by loans or grants
from … the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49
CFR 18.36(i)(6). Although the original Act required its application in any construction contract
over $2,000 or non-construction contract to which the Act applied over $2,500 (and language to
that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any “contract in an
amount that is not greater than $100,000.” 40 USC 3701(b)(3) (A)(iii).
The Act applies to construction contracts and, in very limited circumstances, non-construction
projects that employ “laborers or mechanics on a public work.” These non-construction
applications do not generally apply to transit procurements because transit procurements (to
include rail cars and buses) are deemed “commercial items.” 40 USC 3707, 41 USC 403 (12).
A grantee that contemplates entering into a contract to procure a developmental or unique item
should consult counsel to determine if the Act applies to that procurement and that additional
language required by 29 CFR 5.5(c) must be added to the basic clause below.
The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model
clause below should be coordinated with counsel to ensure the Act’s requirements are satisfied.
Clause Language Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of
the clause set forth in paragraph (1) of this section the contractor and any subcontractor
responsible therefore- shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States for liquidated damages. Such liquidated
20
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The (write in the name of the
grantee) shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in paragraphs (1) through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in paragraphs (1) through (4) of this section.
19. BONDING REQUIREMENTS
Applicability to Contracts
For those construction or facility improvement contracts or subcontracts exceeding
$100,000, FTA may accept the bonding policy and requirements of the recipient,
provided that they meet the minimum requirements for construction contracts as
follows:
(a) A bid guarantee from each bidder equivalent to five (5) percent of the bid price.
The "bid guarantees" shall consist of a firm commitment such as a bid bond, certifies check,
or other negotiable instrument accompanying a bid as assurance that the bidder will, upon
acceptance of his bid, execute such contractual documents as may be required within the
time specified.
(b) A performance bond on the part to the Contractor for 100 percent of the contract
price. A "performance bond" is one executed in connection with a contract to secure
fulfillment of all the contractor's obligations under such contract.
(c) A payment bond on the part of the contractor for 100 percent of the contract
price. A "payment bond" is one executed in connection with a contract to assure payment,
as required by law, of all persons supplying labor and material in the execution of the work
provided for in the contract. Payment bond amounts required from Contractors are as
follows:
1. 50% of the contract price if the contract price is not more than $1 million;
2. 40% of the contract price if the contract price is more than $1 million but not more
than $5 million; or
21
3. $2.5 million if the contract price is more than $5 million.
(d) A cash deposit, certified check or other negotiable instrument may be accepted
by a grantee in lieu of performance and payment bonds, provided the grantee has
established a procedure to assure that the interest of FTA is adequately protected. An
irrevocable letter of credit would also satisfy the requirement for a bond.
Flow Down
Bonding requirements flow down to the first tier contractors.
Model Clauses/Language
FTA does not prescribe specific wording to be included in third party contracts. FTA has
prepared sample clauses as follows:
Bid Bond Requirements (Construction)
(a) Bid Security
A Bid Bond must be issued by a fully qualified surety company acceptable to the City and
listed as a company currently authorized under 31 CFR, Part 223 as possessing a
Certificate of Authority as described thereunder.
(b) Rights Reserved
In submitting this Bid, it is understood and agreed by bidder that the right is reserved by the
City to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be
withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the
written consent of the City.
It is also understood and agreed that if the undersigned bidder should withdraw any part or all of
his bid within [ninety (90)] days after the bid opening without the written consent of the City,
shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable
to furnish adequate and acceptable Performance Bonds and Labor and Material Payments
Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable
insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's)
damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or
provide adequate security therefore.
It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified
Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income
generated thereby which has been retained by the City as provided in [Item x "Bid Security" of
the Instructions to Bidders]) shall prove inadequate to fully recompense the City for the
damages occasioned by default, then the undersigned bidder agrees to indemnify the City and
pay over to the City the difference between the bid security and (Recipient's) total damages, so
as to make the City whole.
The undersigned understands that any material alteration of any of the above or any of the
material contained on this form, other than that requested, will render the bid unresponsive.
Performance and Payment Bonding Requirements (Construction)
22
The Contractor shall be required to obtain performance and payment bonds as follows:
(a) Performance bonds
1. The penal amount of performance bonds shall be 100 percent of the original contract
price, unless the the City determines that a lesser amount would be adequate for the
protection of the City.
2. The City may require additional performance bond protection when a contract price is
increased. The increase in protection shall generally equal 100 percent of the increase
in contract price. The City may secure additional protection by directing the Contractor
to increase the penal amount of the existing bond or to obtain an additional bond.
(b) Payment bonds
1. The penal amount of the payment bonds shall equal:
(i) Fifty percent of the contract price if the contract price is not more than $1
million.
(ii) Forty percent of the contract price if the contract price is more than $1 million
but not more than $5 million; or
(iii) Two and one half million if the contract price is more than $5 million.
2. If the original contract price is $5 million or less, the City may require additional
protection as required by subparagraph 1 if the contract price is increased.
Advance Payment Bonding Requirements
The Contractor may be required to obtain an advance payment bond if the contract contains an
advance payment provision and a performance bond is not furnished. The City shall determine
the amount of the advance payment bond necessary to protect the City.
Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond is not
furnished and the financial responsibility of the Contractor is unknown or doubtful. The City
shall determine the amount of the patent indemnity to protect the City.
Warranty of the Work and Maintenance Bonds
(a) The Contractor warrants to City, the Architect and/or Engineer that all materials and
equipment furnished under this Contract will be of highest quality and new unless otherwise
specified by City, free from faults and defects and in conformance with the Contract
Documents. All work not so conforming to these standards shall be considered defective. If
required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to
the kind and quality of materials and equipment.
(b) The Work furnished must be of first quality and the workmanship must be the best
obtainable in the various trades. The Work must be of safe, substantial and durable
23
construction in all respects. The Contractor hereby guarantees the Work against defective
materials or faulty workmanship for a minimum period of one (1) year after Final Payment by
City and shall replace or repair any defective materials or equipment or faulty workmanship
during the period of the guarantee at no cost to City. As additional security for these
guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X
below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to City
written by the same corporate surety that provides the Performance Bond and Labor and
Material Payment Bond for this Contract. These bonds shall secure the Contractor's
obligation to replace or repair defective materials and faulty workmanship for a minimum
period of one (1) year after Final Payment and shall be written in an amount equal to ONE
HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all).
20. SEISMIC SAFETY REQUIREMENTS
Seismic Safety - The contractor agrees that any new building or addition to an existing building
will be designed and constructed in accordance with the standards for Seismic Safety required
in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to
compliance to the extent required by the regulation. The contractor also agrees to ensure that
all work performed under this contract including work performed by a subcontractor is in
compliance with the standards required by the Seismic Safety Regulations and the certification
of compliance issued on the project.
21. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act.
22. RECYCLED PRODUCTS
Recovered Materials - The contractor agrees to comply with all the requirements of Section
6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962),
including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order
12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part
247.
23. CONFORMANCE WITH ITS NATIONAL ARCHITECTURE
To the extent applicable, the Contractor agrees to conform to the National Intelligent
Transportation Systems (ITS) Architecture and Standards as required by SAFETEA-LU §
5307(c), 23 U.S.C. § 512 note, and follow the provisions of FTA Notice, “FTA National ITS
Architecture Policy on Transit Projects,” 66 Fed. Reg. 1455 et seq., January 8, 2001, and any
other implementing directives FTA may issue at a later date, except to the extent FTA
determines otherwise in writing.
24
24. ADA ACCESS
Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C.
Sections 12101 et seq. and DOT regulations, “Transportation Services for Individuals with
Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations, “Americans with
Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192
and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB’s “Americans with
Disabilities Act Accessibility Guidelines” (ADAAG), revised July 2004, which include accessibility
guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37.
DOT also added specific provisions to Appendix A modifying the ADAAG, with the result that
buildings and facilities must comply with both the ADAAG and amendments thereto in Appendix
A to 49 CFR Part 37.
25. CITY OF FORT COLLINS BID PROTEST PROCEDURES
The City of Fort Collins has a protest procedure, covering any phase of solicitation or award,
including but not limited to specification or award. The protest procedures are available from
the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580,
Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing:
Purchasing@fcgov.com or calling 970-221-6775.
25
DAVIS BACON WAGES - HIGHWAY
General Decision Number: CO120024 02/10/2012 CO24
Superseded General Decision Number: CO20100026
State: Colorado
Construction Type: Highway
Counties: Larimer, Mesa and Weld Counties in Colorado.
HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
0 01/06/2012
1 02/10/2012
ENGI0009-012 05/01/2011
Rates Fringes
POWER EQUIPMENT OPERATOR:
(3)- Drill Rig Caisson
(smaller than Watson 2500
and similar)................$ 23.67 9.22
(4)-Oiler
Weld County................$ 23.82 9.22
(5)-Drill Rig Caisson
(Watson 2500 similar or
larger).....................$ 23.97 9.22
----------------------------------------------------------------
* SUCO2011-009 09/15/2011
Rates Fringes
CARPENTER
Excludes Form Work..........$ 20.72 5.34
Form Work Only
Larimer, Mesa..............$ 18.79 3.67
Weld.......................$ 16.54 3.90
CEMENT MASON/CONCRETE FINISHER
Larimer.....................$ 16.05 3.00
Mesa........................$ 17.53 3.00
Weld........................$ 17.48 3.00
ELECTRICIAN
Excludes Traffic
Signalization
Weld.......................$ 33.45 7.58
Traffic Signaliztion
Weld.......................$ 25.84 6.66
FENCE ERECTOR
Weld........................$ 17.46 3.47
GUARDRAIL INSTALLER
Larmer, Weld................$ 12.89 3.39
26
HIGHWAY/PARKING LOT
STRIPING:Painter
Larimer.....................$ 14.79 3.98
Mesa........................$ 14.75 3.21
Weld........................$ 14.66 3.21
IRONWORKER, REINFORCING
(Excludes Guardrail
Installation)
Larimer, Weld...............$ 16.69 5.45
IRONWORKER, STRUCTURAL
(Excludes Guardrail
Installation)
Larimer, Weld...............$ 18.22 6.01
LABORER
Asphalt Raker
Larimer....................$ 18.66 4.66
Weld.......................$ 16.72 4.25
Asphalt Shoveler............$ 21.21 4.25
Asphalt Spreader............$ 18.58 4.65
Common or General...........$ 16.29 4.25
Concrete Saw (Hand Held)....$ 16.29 6.14
Landscape and Irrigation....$ 12.26 3.16
Mason Tender-
Cement/Concrete.............$ 16.29 4.25
Pipelayer
Larimer....................$ 17.27 3.83
Mesa, Weld.................$ 16.23 3.36
Traffic Control (Flagger)...$ 9.55 3.05
Traffic Control (Sets
Up/Moves Barrels, Cones,
Install Signs, Arrow
Boards and Place
Stationary Flags)(Excludes
Flaggers)
Larimer, Weld..............$ 12.43 3.22
PAINTER (Spray Only).............$ 16.99 2.87
POWER EQUIPMENT OPERATOR:
Asphalt Laydown
Larimer....................$ 26.75 5.39
Mesa,Weld..................$ 23.93 7.72
Asphalt Paver...............$ 21.50 3.50
Asphalt Roller
Larimer....................$ 23.57 3.50
Mesa.......................$ 24.25 3.50
Weld.......................$ 27.23 3.50
Asphalt Spreader
Larimer....................$ 25.88 6.80
Mesa, Weld.................$ 23.66 7.36
Backhoe/Trackhoe
Larimer....................$ 21.46 4.85
Mesa.......................$ 19.81 6.34
27
Weld.......................$ 20.98 6.33
Bobcat/Skid Loader
Larimer....................$ 17.13 4.46
Mesa, Weld.................$ 15.37 4.28
Boom........................$ 22.67 8.72
Broom/Sweeper
Larimer....................$ 23.55 6.20
Mesa.......................$ 23.38 6.58
Weld.......................$ 23.23 6.89
Bulldozer
Larimer, Weld..............$ 22.05 6.23
Mesa.......................$ 22.67 8.72
Crane.......................$ 26.75 6.16
Drill
Larimer, Weld..............$ 31.39 0.00
Mesa.......................$ 35.06 0.00
Forklift....................$ 15.91 4.68
Grader/Blade
Larimer....................$ 24.82 5.75
Mesa.......................$ 23.42 9.22
Weld.......................$ 24.53 6.15
Guardrail/Post Driver.......$ 16.07 4.41
Loader (Front End)
Larimer....................$ 20.45 3.50
Mesa.......................$ 22.44 9.22
Weld.......................$ 23.92 6.67
Mechanic
Larimer....................$ 27.68 4.57
Mesa.......................$ 25.50 5.38
Weld.......................$ 24.67 5.68
Oiler
Larimer....................$ 24.16 8.35
Mesa.......................$ 23.93 9.22
Roller/Compactor (Dirt and
Grade Compaction)
Mesa, Weld.................$ 21.33 6.99
Roller/Compactor (Dirt and
Grade Compaction
Larimer....................$ 23.67 8.22
Rotomill
Larimer....................$ 18.59 4.41
Weld.......................$ 16.22 4.41
Scraper
Larimer....................$ 21.33 3.50
Mesa.......................$ 24.06 4.13
Weld.......................$ 30.14 1.40
Screed
Larimer....................$ 27.20 5.52
Mesa.......................$ 27.24 5.04
Weld.......................$ 27.95 3.50
Tractor.....................$ 13.13 2.95
TRAFFIC SIGNALIZATION:
Groundsman
Larimier....................$ 11.44 2.84
Mesa........................$ 16.00 5.85
Weld........................$ 16.93 3.58
28
TRUCK DRIVER
Distributor
Larimer....................$ 19.28 4.89
Mesa.......................$ 19.17 4.84
Weld.......................$ 20.61 5.27
Dump Truck
Larimer....................$ 18.86 3.50
Mesa.......................$ 15.27 4.28
Weld.......................$ 15.27 5.27
Lowboy Truck
Larimer....................$ 18.96 5.30
Mesa,Weld..................$ 18.84 5.17
Mechanic....................$ 26.48 3.50
Multi-Purpose Specialty &
Hoisting Truck
Larimer, Mesa..............$ 16.65 5.46
Weld.......................$ 16.87 5.56
Pickup and Pilot Car........$ 13.93 3.68
Semi/Trailer Truck..........$ 18.39 4.13
Truck Mounted Attenuator....$ 12.43 3.22
Water Truck
Larimer....................$ 19.14 4.99
Mesa.......................$ 15.96 5.27
Weld.......................$ 19.28 5.04
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing operation to which
welding is incidental.
================================================================
Unlisted classifications needed for work not included within the scope of the
classifications listed may be added after award only as provided in the labor
standards contract clauses (29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification and wage rates
that have been found to be prevailing for the cited type(s) of construction
in the area covered by the wage determination. The classifications are
listed in alphabetical order of "identifiers" that indicate whether the
particular rate is union or non-union.
Union Identifiers
An identifier enclosed in dotted lines beginning with characters other than
"SU" denotes that the union classification and rate have found to be
prevailing for that classification. Example: PLUM0198-005 07/01/2011.
The first four letters , PLUM, indicate the international union and the four-
digit number, 0198, that follows indicates the local union number or district
council number where applicable , i.e., Plumbers Local 0198. The next
number, 005 in the example, is an internal number used in processing the wage
determination. The date, 07/01/2011, following these characters is the
effective date of the most current negotiated rate/collective bargaining
agreement which would be July 1, 2011 in the above example.
29
Union prevailing wage rates will be updated to reflect any changes in the
collective bargaining agreements governing the rate.
Non-Union Identifiers
Classifications listed under an "SU" identifier were derived from survey data
by computing average rates and are not union rates; however, the data used in
computing these rates may include both union and non-union data. Example:
SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA
indicates the State of Louisiana; 2004 is the year of the survey; and 007 is
an internal number used in producing the wage determination. A 1993 or later
date, 5/13/2010, indicates the classifications and rates under that
identifier were issued as a General Wage Determination on that date.
Survey wage rates will remain in effect and will not change until a new
survey is conducted.
----------------------------------------------------------------
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
30
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
31
DAVIS BACON WAGES – BUILDING
General Decision Number: CO120008 02/24/2012 CO8
Superseded General Decision Number: CO20100008
State: Colorado
Construction Type: Building
County: Larimer County in Colorado.
BUILDING CONSTRUCTION PROJECTS (does not include residential
construction consisting of single family homes and apartments
up to and including 4 stories)
Modification Number Publication Date
0 01/06/2012
1 01/13/2012
2 01/27/2012
3 02/24/2012
ASBE0028-001 07/01/2010
Rates Fringes
Asbestos Workers/Insulator
(Includes application of
all insulating materials,
protective coverings,
coatings and finishings to
all types of mechanical
systems)....................$ 30.23 11.53
----------------------------------------------------------------
CARP1001-001 05/01/2009
Rates Fringes
CARPENTER
(Including Formbuilding
and Metal Stud Work)........$ 26.60 8.89
----------------------------------------------------------------
CARP2834-001 05/01/2009
Rates Fringes
MILLWRIGHT.......................$ 27.60 10.65
----------------------------------------------------------------
ELEC0068-009 06/01/2011
Rates Fringes
ELECTRICIAN
(Including Low Voltage
Wiring and Installation of
Communications Systems,
Security Systems,
Telephones, and
Temperature Controls).......$ 31.60 12.52
32
----------------------------------------------------------------
ELEV0025-002 01/01/2012
Rates Fringes
Elevator Constructor.............$ 39.34 23.535
FOOTNOTE:
a. Employer contributes 8% of basic hourly rate for over 5 years' service and
6% basic hourly rate for 6 months' to 5 years' service as Vacation Pay
Credit.
PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day;
Veterans Day; Thanksgiving Day; Friday after Thanksgiving Day; and Christmas
Day.
----------------------------------------------------------------
IRON0024-001 07/01/2011
Rates Fringes
IRONWORKER, STRUCTURAL...........$ 23.80 10.91
----------------------------------------------------------------
* PAIN0930-001 01/01/2012
Rates Fringes
GLAZIER..........................$ 27.95 7.28
----------------------------------------------------------------
PLAS0577-001 05/01/2010
Rates Fringes
Cement Mason/Concrete Finisher...$ 24.60 10.10
----------------------------------------------------------------
PLUM0003-001 01/01/2012
Rates Fringes
PLUMBER
(Excluding HVAC work).......$ 32.68 11.44
----------------------------------------------------------------
PLUM0208-001 01/01/2012
Rates Fringes
PIPEFITTER
(Including HVAC pipe).......$ 32.60 11.52
----------------------------------------------------------------
SHEE0009-001 01/01/2011
Rates Fringes
Sheet metal worker
(Includes HVAC duct and
installation of HVAC
systems)....................$ 31.66 10.98
----------------------------------------------------------------
SUCO2001-015 12/20/2001
Rates Fringes
LABORER
Common......................$ 9.56 2.36
----------------------------------------------------------------
33
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 (29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification and wage rates
that have been found to be prevailing for the cited type(s) of construction
in the area covered by the wage determination. The classifications are
listed in alphabetical order of "identifiers" that indicate whether the
particular rate is union or non-union.
Union Identifiers
An identifier enclosed in dotted lines beginning with characters other than
"SU" denotes that the union classification and rate have found to be
prevailing for that classification. Example: PLUM0198-005 07/01/2011.
The first four letters , PLUM, indicate the international union and the four-
digit number, 0198, that follows indicates the local union number or district
council number where applicable , i.e., Plumbers Local 0198. The next
number, 005 in the example, is an internal number used in processing the wage
determination. The date, 07/01/2011, following these characters is the
effective date of the most current negotiated rate/collective bargaining
agreement which would be July 1, 2011 in the above example.
Union prevailing wage rates will be updated to reflect any changes in the
collective bargaining agreements governing the rate.
Non-Union Identifiers
Classifications listed under an "SU" identifier were derived from survey data
by computing average rates and are not union rates; however, the data used in
computing these rates may include both union and non-union data. Example:
SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA
indicates the State of Louisiana; 2004 is the year of the survey; and 007 is
an internal number used in producing the wage determination. A 1993 or later
date, 5/13/2010, indicates the classifications and rates under that
identifier were issued as a General Wage Determination on that date.
Survey wage rates will remain in effect and will not change until a new
survey is conducted.
----------------------------------------------------------------
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
34
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
35
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
36
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE:
CONTRACTOR:
PROJECT NUMBER: 7332 MAX Project
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER 0.00
TOTAL PENDING CHANGE ORDER 0.00
TOTAL THIS CHANGE ORDER 0.00
TOTAL % OF THIS CHANGE ORDER
TOTAL C.O.% OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST $ 0.00
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
ACCEPTED BY: DATE:
Project Manager
REVIEWED BY: DATE:
Title:
APPROVED BY: DATE:
Title:
APPROVED BY: DATE:
Purchasing Agent over $60,000
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
37
Section 00960
APPLICATION FOR PAYMENT PAGE 1 OF 4
OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
NUMBER DATE AMOUNT
The present status of the account for this Contract is as
follows:
1
2 Original Contract Amount:
3 Net Change by Change Order:
Current contract Amount: $0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage: $0.00
Less Retainage:
Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the CONTRACTOR.
Date: By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By:
38
CONTRACT AMOUNTS
APPLICATION FOR
PAYMENT PAGE 2 OF 4
Work
Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period To Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
39
CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4
Work Completed
Work
Completed
Work
Completed Stored
Bid
This
Month
Previous
Periods
To
Date Materials Total
Item This Earned Percent
Number Description Quantity Units
Unit
Price Amount Qty. Amount Qty. Amount Qty. Amount Period
To
Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00
PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
40
STORED MATERIALS
SUMMARY PAGE 4 OF 4
On Hand Received Installed On Hand
Item Invoice Previous This This This
Number Number Description Application Period Period Application
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00 $0.00 $0.00 $0.00
None
None unless
non-
competitive
award
None
None unless non-
competitive award
II Non State Grantees
a. Contracts below SAT
($100,000)
b. Contracts above
$100,000/Capital
Projects
Yes3
Yes3
Those
imposed on
non-state
Grantee pass
thru to
Contractor
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3
18 CFR 18.36 (i)
4. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
reference in the Master Agreement between Purchaser and FTA, as they may be amended or
1062 - 1122 CROSS SECTIONS
The Contract Drawings shall be stamped "Final for Construction" and dated.
Any revisions made shall be clearly identified and dated.
7.4. Addenda Numbers to , inclusive.