Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
103166 ZAK DIRT - CONTRACT - BID - 7568 BRYAN AVE BRIDGE REPLACEMENT
City of Fort Collins, Purchasing SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 jcgov. condpurchasing BRYAN AVE BRIDGE REPLACEMENT BID NO. 7568 PURCHASING DIVISION' 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS NOVEMBER 12, 2013 - 3:00 P.M. (OUR CLOCK) SECTION 00020 • INVITATION TO BID Date: October 14, 2013 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 November 12, 2013, for the Bryan Ave Bridge Replacement; BID NO. 7568. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. This project is a CDOT administered project with Federal funds being contributed. The DBE goal is 9% and Davis Bacon Wages apply. The CDOT Form 347, Certification of EEO Compliance, is no longer required to be submitted in the bid package. This form certified that the contractor/proposed subcontractors were in compliance with the Joint Reporting Committee EEO-1 form requirements. The EEO-1 Report must still be submitted to the Joint Reporting Committee if the contractors and subcontractors meet the eligibility requirements (29CFR 1602.7); we will, however, no longer require certification. For additional information regarding these federal requirements, please refer to: http://www.eeoc.gov/stats/'obpat/el instruct.html. The Contract Documents provide for the construction of Bid 7568. The Work includes the removal of an existing box culvert and replacing it with a new structure. Major work items include: removal of existing box culvert, new cast -in -place box culvert, earthwork, urban design components, concrete pavement, asphalt pavement, curb and sidewalk. All Bids must be in accordance with the Contract Documents on file with the City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 AM, on October 24, 2013, in the Training Room (Conference Room 2E) at 215 N Mason Street, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: • City of Fort Collins BuySpeed: hftps://www.fcgov.com/eprocurement Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. - r — —LA 4A -.4, '14 4 ;B 6C0666NERAL'CON]Jffi&M 19104 (199aEdjtiQh) W/ 6-ii OF FORT C6 LU i4i Nl OD'U7'1 CA T-16N'S' ( EV 4 /2 000) ARTICLE S=BONDS AND INSURANCE 0 PVYiwtrianq, Paimillt.and Ot.hilr. Bun&: as,: iuraies on - Federal B6ods'and a's pa boin ':' ` all p=u'bli�shid in , rucs� by the,,.'Audit Staffii (i . Bur&af �Orgmtions, U.SAniiisun; signed by: an agent must be A ocipy ofsuch agent's authority. 5.2: If the surety on any Bond furnished by. CONTRACTOR - is declared a , baArupt 1. or becomes' irisolv6t or its righi.to do business'is.teirn inated )n any s6t6'W'h&7c ai��'-,Ihrt of the Project js 16 1 c ' at&dor:it6c6scstd mcei the requireme6ts;oi'pai-agmph5.1,'CONTRACTOR .,hall within foi days thereafter subkinitclanothi6i Bond and surety; both 6Nhich M44 be acceptable to OWNER: 5.1 Licensed Suredev "4 hiiuiance." - " ' " 0 0 • 0 CON1 RftC'fOft'sLiabilitylnsrftance:: 5 4:1. :claims underworkers compensation disalribty benefits and other similar emrloycc hcne'fitaete; 5 4 2. ;claims for, damages because of both. injury, occupagoriel lid ness or d scale. math 'of CVNTRACf OR s employee's'' 5 43? ;claims for daioages,because of bodily. injury; sickness 'or discase,-or death of`any person other than: CONTRt�CTQR's etnployccs; 544 olaims for-iianages th6iued by -customary W person as S6A- rnnr onr rams � claims for damages othci,ihan to the Work. itself because of injury to: or_ destruction of tangible. praperty' wherever located, including loss of u"se: resulting there om;and 5 4'6 . claims for damages Ncause of bodily irijuryor death of an} puson'oi propeity dai»age'arisitg out of the 'ownership„ maint.e ance or use of any motor .vehicle: The policies of tnsumnceso required by this paragraph 5A to be porch led and rnaigtzined shall: 5 4 8.. include the specific =covers es and be;%witten:. Cor not less than the limits of liability prof idzd m the Supplementary Cordi[ioro or requr by'iaws%or Rcgulatiiiris, whichever isgrcater S 4 9: include completed opemtims insurance; FJCOC Fh &ALc&i6m6t.'s wioS 6990 Echtim)._ .w/C1TY OF FORT COI.IJ r15 hfODuiCATIONS (Rh'V 4tt00a) 5:4,I0. include contractual -lince ability insura covering CONTI.b46TOR's. indemnity ;obligations under paragrap}u 61? 6.16 and 6 31`tivough 6,33;; 5'i4'a2reinard'in effect at least until final gdyment andat all times thcreaft6 idhen CONTRACTOR°may 6e:correcuggg:.remoyini, grreplacing iefecth'C'Work- in accordance with paragraph l3 12; and 0fV1VER's Lfnbilitybisurance.'. 53: In addition to' insurance required io be provided by CONTRACTOR- under paragmph5A,OWNER at OWNEIRs option;.' may purchase and: namtairi at OWNIIts e4eftse;OWNERs own habihry'uuurance as will protect OWNER against chums which'may, arise Crum opgatiors undcrthe;Contract Documents hoer ty Insurance: SG.—L-Htless-otltetwt� provided-in-the:Sirpplamariuity. C-onditiom 0�4iiR-shall-purchasa=arid matntai» ot'-tha-full-replaczin�tt-ccist-iheraof-(sutject-io-streh dettui3.itilir-uinoitnt"s-may=t i-prouiitad-"at=ilia Supplementary-Corielmom-vr-- requrreii-lri-I:aris-iuid Raguln[iau).-Thu=insumticaslmll= S:brl=include-the-interests—oC—(>WNkiR; entities identifad-in-the-=Siipplememnry-wit ons •an'hj " whom-is-dtzmed-to leave-are-insivabla-interest eml�slfe Il,bo-hstailas-aii-irisuiador: additions I -insetted.. 5:63-be-written on-s-Build&. -Risk.-"ell risk'-w uad-Wort:=in--transtt-end-skell'irsitar'agauisE-'at-:east ihe�tillery�irg-=-periLst$e '—..g..a;,g�..a;a.,wa ;9 tplo tih� sit 10 ' ^ R,,eipt wi,11.1pplica 'nVn.qf ln4ara�nce Pro''Ceff1s..; .A cceptange Of Bonds And Insurance; Opfidn toRiplaie.-. 0 Partial 'Ulifizatioh—]rvpeWy limurunm- 5A5. 'If OWNER- ne&essaryto ioucdpy or use, a poRi6n. or portions of the W&K, pnior, to SuW'anfial bcbcr,ErqgkA'L C6,bnioNs m" (090'Edfign) widilOf. 'FORT 6buln6'hf(561n"CA-nO*N"S ft-V*4/-20'0"0')_ 0 ARTJCLE1,6-CON,rRACTOR'S RESPONSIBILITIES Supervision and Suhenntenderiee Eab4; Alat"Is and Equ!*pmv'Tt.' 6:4., Unless otherwise specified in :the, Geiiiinil qu d'assum , e Re' ireireijis�.CONTkWCTOR shall furnish an full ihiv for all materii1s. Iequipment; labor. full equipment and machinery, folls"PIIIhtheattelephone, water, sanitary facilities facilities aMallother facilties i� say 'for ihe . furfiishin'g, perfomiance,,testing�'mrt-xip and completion of the Work. 6:4.1. Purchigs-irm. -kestrictions: CONTRACTOR raust corriply-whitthe'Citv's purchmirg restrictions.. A �v bf)the resolutions ateavailableforreviewin the offices of the Nrchssifip. and Risk 'Manspern6t Division or the CityClerks office. '60.2: :.Cement Restrictions: City.of-Fort_Collins Resolution 91-121 ires'that su60liers'and brdducers• of ocnichtoor frqdubts contaLhil'celiment to ccriiW that: the cement was not made. n cernent Ki[ns thal,burn hazardous waste as a fuel- niiitkiials and 6cluipmerit ;sha11,;b6 of 'good h ro'v'j in '6 new, except as otherwise Hed, I in Progress Schedule: 6.6. CONTRACTOR- shall adhere to the -PTOgrCSS schedule— * .1 -d ;'- ' -�'rd;rce with 1566graph 29 as it� miblishe ut'iaicc - ,may beadjustedffifin tiine46 tinneas'pr6videdbrjow-1 6.6.1, CONTRACTOR shall subitift to ENGINTER f6r acceptance (io� the' extent , indicated "in l3mgm0h2.9)'proposed adjustments in the"progrm schedule:thailwill not change the Contract Times (or Nlilesi'o'ne�), Such, will Z6A!brni:j�enerally kl tri1he progress I . I schedule then in'effect arid additi6nMly swill; comply with any provision'of the. Geri6rall Requirements applicable thereto: 6.6-2.. Proposed adjusnnents in the progfess schedule thin'Ql �chani& the Contract Times (oi'Mileston6s) shall be submitted in accordance with - the requirements: of'liaragraphl1l. 'Such'ii0justm'mts;,mH'y oiilylb, made by ii Change bi&r or'Writlen' Amendment in accordance With Arti6le' 12 ,6.7. Sl b.,it tisiihd 'Or-Equal"Itims O.L. 'Whenever an item of material specified 6rdekiibed ifi'the Contract ni .Pocuc I rits',b*y the inarneof a' proprietary' itein'ok the fiifirie 6fa pa I r ticu lanSu pplicr; the,qx6fication or desciptton is' intended to establish -,the type,ifunction and.qualAy required. Unless the specificm,pion. or &scrifii!on E I JC I DC GE%7IiAL'CONDI 7-10'-M 19 1" (1990 E(fitim) 12- ni ciT)F 6E'okr c-6di hs molnrflckrt6itti�v d/2 600) contests �is followed by4oft'reiading tliat no like;' equiv". . I I - - - - "or -equal" 1-'item 11 � - bsi.- � 1. alent or.ar�nu su itution,is penuitted, oiher�items of,materiA or equipment or -mat"] 'Or'xquipment of,other S4ppliers'may,be - Ie, '' accepted by W�R�, ti,rider the Following circumstances: 0 [I l of wlvch will be Wdoo b� 0"5 I G r proposed substitute �iWE C014TP _ACTOR to Propose su— rnish" ailddtonal 'data olio it ihj- — -d bk* .1 .6.7�1.3. CONMICTOR's"&-penie.- All &ia to be provided;by I `CONTRACTOR in supporijibi any prwo-"A:d-"or-cqual" or substitdie item,will be,at CONTILACTOR's c.xpens,. ,63:2. Substiluic; CjhsL-iIcIIoP7 -me#iak 01 -,- ' ' method, --technique, 'hniq Pr'0-c-e,dIIre.9:- If a- -ifi -"- � I c cc -.Teci Ic'meams M --t ue, 0 6.8. Concerning Siikoniradors, SuOti�rs and .wf ciii of FORT 6ouiKs-MODIFICATIONS (REV 46Do) 0 6.9. CONTRACTOR, shall 6erlbft not less ltlian,20 �percent of,theMork with its own forces (that i without subcontmctmO— The 0 percent requirement to reFWoik;the vFilue:of slmfl be�underslood er� t %4Nch towls'hat less amn 20-R Lrccht'of the Cjntraq pribc. 13 V60111ibkz a f :rsons- and. my of.thcj of 14itishing, any CONTRACTOR--' '6:10. The divisions and sccfiqm of the S*ifie4tions'arid 'the lderififi6ati6os. of a' - D' shall 'ricit -control "CONTRACTOR in ZividirWork ;iunong- sSubeoriffnctom or S6ppliers or delihenting the Work to lie' 'performed ti Any specific trade. Patent Feeiand Rkpzihfiu: F I JC I Di3 GgNF '60N&ftbm 1,910-9 (19 1 90 Ecliticto 14 wi ciiioi46iT 00"LLINSim I ciiiificATldm �Rry ii2doo) Permits:' 6.14. Leiuwadel ReOlafians 6:14.1.CONTRACTOR shall give.all notices; and comply with all Laws -and Rcgulations applicable,to fdrnli-"" and perfomiarice-of"- tfieI'\V'o-rk"' Exc3i whVra atbem.se e\pressly required y nf-[i-m , LANV.Sand Rcgilati6rts' ficither OWNER nor FNGINEHR, shall be r4crisifili icir rimitonng t6N:MAC3bR!s-ccinipIia-ncc with sany Laws or Reguladom If CONTRACT -OR performs: afiy" Work oi having reason to' - kit ow,that it is contrary or R6gulatidm%-CONTRACTOR shall bear Tkixes 615: CONTRACTOR, ftll,',pav �611 sales, conq'inter, use . arid other s6ilar taxes; ie , ' red io �be� paid b CONTRACTOR in; -accardartc-e with the Laws :,aiid Regulations W'Jbe place of the P'rpje6t ..whi6h arc ` a icabli during the ance of the Wo P0 6.15:1. OWNER is ekeipof from'Colorad6State and loml and use taxes ion materials to b jxrmipientl` -cirpo-teddmU he- Said taxes rii_ _jjq�e& -shall not be included in the Contract Price. Address' :Coloradc, Departintint of Revenue State capital Annex - - - 0 0 1375!Sherman Street D6rwa,,Colcmd 80261 Sales and fTse Taxes t6r the State! or Woriijo, Reitionil Trfih po tatiori District: (RTD), and certain Colondo .6nunties are collected 1) f, Colorado and are, iricluded in the � �Iltifd_aTio`ii- 02f •Exem ption. Al applicable Sales and -Use Takes (including State .collected taxes); on ahy.items otHer than constructicui and buildifie,ffiritcriiils blfvsicallv incorporated' into the; .Eq I iectar�tg.bcid,t*'CoarRAC;'I'OR.hnd amto 7 included ,uc den a; propriatc bid items. �qxe,OfPrewses: 0 418: 'cbNTP�AcT(DRi6lln6iloudfibroerriitany -p'a'rt' 61'any; structure to be lcaded':in any,manner, that will end�o lhc�<'s'trluctu're, nor shell CONTRACTORsubject ;any , par[ 4oUihe WA or 4diaceni property to sLiresses,or E)coc OEt.'ERAL cibkiinohs moLs Oski Fatim) %'/Ci-i-i'&F. -O-R'T6C)LIliJSi4o6ini'AiIO'N*S ft_'V4r2OD'O) E -5�7MV and Proreedon: - , t 6.201: CONTRACTOR shaU be' resp6risibI6 for initiating, maintaining an , supervising; all sa,ety jr;csutions jimd. programs in,connection with the WorL C091'RAurOR shall take all necessary precaudons for the'saCeiy of ail d"thiio6R' precautions t&_tJq_n'"uo �prqvi!F_ necessary pro Pr6ent damage, i , _oHoss tc�. injury 6,20. 1. ;all persons on the Work site onwho maybe affected fiy thIc4ot-1k; 6.20.2. all the Work and materials and equipment to �tic_m_4_:�_a_pom-t6d ihcicii er in s" i heth - -tor - " - - z-' or off tilo'site: and M w age on 6163., other. prolxrty, at the site or adjacent thereto, including trccs,_ lawn; %kalkk pavcmcnts; r SfiUcture , 1 3, . I 'utilities 'a'IU 'and n&rjr(iima I T hot d6sigriked for removal, relocation or replacement in'tfic, course of,cinst—rucifion', 15 notice td OWNER and.:CONTRACTOR in accordance with paragraph 14:13 that the Work • is accelitable (except -as otherwise, expressly , provided in connection with Substantial Completion). 6.21. Safety_Represetilati�e; CONTRACTOR 'shall designate : a qualified and e..eriencedsafeiy reprewntative•at the sivi;whose duties and iespadsibilnres shallbe the prevention oC accidents and ilia matntaangg and 'supervtsmg oC safety precautions and ;programs: Fi`arard Communication Programs: '6.22- CONTRACTOR... ;shall be responsible- for coorclmat ng any exchatreeof material;safety data sheets or ,other haiard,aimmuriication. information requir'ed'to•.hc, made `evadable to or exchanged between or among. employers 'at the site in accordance- with laws or" Regulations; • Emergeiicies: 623. In emergencies affecting thc: sa fety, or protection of in the ' ,fits have response to such an emergency, a Wi or Change, Order' will be assucc conse9,enees of such ectior' -6.24, Shop.DrawingsaiidSamples: 6 24 2_:'CONTRACTOR shall also submit Samples to' ENGINEER for review and approval in eceordance, ,wdh said accepted schedule of Shop_ DiaN•ings antl. Sample, submittals. Each Sample will be identified clearly its to mates a1;'Supplier pert nertt.data such as. catalog,i unhcrs.aiul'thc use for which ntendcd'ar d .otherwise as ENGINEER may, requireto enable, ENGINEER to.review-the su6niittal for the limited. sicgcGEN LALCOMMO s191",(199o;Edl6m)" 16 w/ QIYOF FORT COLD Ns MOOIri&ridNS(REV dnooa) purposes required by plrigaph62G:.Thenumbers ofeacFi Sample to be submitted will.be as'specifizd in the. Specifications. 6.25. Submittal Procedures: 6.25.I.Before submittirig each Shop Drawing, or. Sample. CONTRACTOR shall have deterittined and verified: 625.1.1 'all field measurements, quantities; dimensions; apec1C1ca perComiance criteria, installation_ reguir,cments, matertals, catalog numbers. and similar information with respect thereto, 6 25 1 2. all materials wtU respect to intended use, fabrication shipp,ptng handling storage, asxmtbly :and ird2 llelica ,pertummg to' 'the performance of the Worl:,,'and 62513,. "ail information relative to CONTRA( 1 ORs %Id.responsibilities in respect of means; methods- techniques, sequences _and procedures of construction and'safety:prccautions and programs rncidcnfthereto. CONTRACTOR •shall also ;have'reviewed ;and cogidmeted each Shop D awing orSadtple with other Shop Drawings ;and Samples and with :the requirements 'of the Work and the `Contract I o _ icnts: 6,25 Each; submittal, will beara'stainp or specific written indication tlu•1t,CONTRACTOR has :sadsfred CONTRftCTORs obligations under the Contact Docuntlnts with respect to CONTRAC7ORs ievici ' and approval of that SL.1611taL 0 i 6.28Nltercia Shop, Dmwing:or-Sample, is,recltiiied_hy the CcmKact Documents6r'the schedule of Shop Drawing: and Samplee:submrssrons accepted' by ENGiNEFR'as" requuzd.by,pamgraph2.9, �rry rilatel Work performed 'prior to ENttGINFbRs rci-icw and approval of thc'�iertirient' sithmittal avill:be at the.scle a petite snd respons brinty.of• CONTRACTOR. , -CdOnuink.the IVO.A.. G,29 CONTTOR shall carry on the Work and • adhere to tkc proRACgress schedule duffing all disputes or` disagreements with OWNER No Work shall be delayed or` .postponed pending resolution- .of any disputes or; disngr�ements; except as pemnaed'by,pamgpoh 15.5 or is O)lN1 R and CONMACTOR may 6thenvise agree' in, :Wiling. 630 CONMI&OR's, e, rgeraf IVarranti, and Curtrkaree.�' _ 6.30.1;0ONTRACTOR �iairnnu.and guarantees`to' OWNTER,;ENGINEER and ENGItNEER's C6rimItimN; that•all WV rk wrll.bce mi acconls" " ith the Contract• Docuients aul" will not 'be 'deficfivi. .CONTTRACTORV ivairanty and guarantee bereunder' occludes de fects of damage caused by: 630:1.1, abuse; modiCreation or +.improper, maintenance or tiperaUT.by' 'r- '- other thin CONTM, gToIoubcorarectors or Suppliers, or - 6:36.1:2. normal "wear and tear iunder normal usage.. _.... G300.CONTRACTORs obGpption toperform and complete the.Work in accordance with the', Contract Documents shall'.be absolute.x None of the'following will constitute an' acceptance: of ,Work that is not in -EJCDC OENERAI. CONUI170NS 19165 (19901imtim) :w%CITY OF: tOlt'f COLLIM hiotiu7canonis (B6V U,04)4) 0 accordance with the Contract Doctments or'a release of CONTRACTOR's'obligation to perform the Work in'accordance.with the Contract Documents: cbservatiorisby.ENGWEER; 6 30 2 2 recommendation bC any, progress or 'filial"paynieht byEE 24GSNR; 630.2.3. the issuance ;of a certificate of Substantial Completion or any payment ,uy OWNER to CONTRACTOR under the Corit&ct Demints} .- . 6 30:2.4,. use or occupancy of the Work or any part thereof by O„WNFR 630.2�.5. :any acceptance by=OWNER or.-iny (adore to ddso:, 630261.: -any review and approval of a Shop ,Dmwmg;or Samplesubininal or tlie;issuance'of a inotice ofaccclitability by ENCrINEEk-pursuant to paragraph 14:13; 6302:7: ..any ins pecion tcst:arapprosal by. others;`or 6302V ;any,correcfonof'ikfeeiviWorkby OWNER: /ndeauiifioatian: 6:37: In any and all claims againsi OWNER. or ENGINEER or anyof then respzcttvc consultants, agents; o(Ticers,lduecturs,or employees � any "employee" (or the sLn,jvor.-or rsonal represcntatrvc of such cinploycc) of CONTRACTOR, -any Subcontractor. Any Supplier. 'any, person ororganizartion directly'.or indirectly employed by 17 • 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. 0 No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. City of Fort Collins Gerry S. Paul Director of Purchasing & Risk Management any of them perform or furnish any 'of the • Work or :anyone; for tvhose,acts.any of l}iem inay ba:liable; tlie• aid, ation oblit;tion tnde4slawaph 6 31 shall not be limited in an} why by any 11in_itahon on the amourit or 'type of damages compeisauon orbenefitv'payable by or �for(Ohrl'RA(,fOlt oriip} such icorttractor; Su'liplier,or other person or orgaitiistion under Nvorkers';compensa'tion• acts, disab litybenafitacis or other employee benefit acts: -6.33. The, indemnification obligations; +;of. 'CONTRACTOR under paragraph 6.31 shall not'e�•tend to ;the hability:gf ENGINEER and ENGINEER'S Co'iisulta_nis, :officers, .directors, employees•.or: agents caused by. the: :professional negligence;,errors or omissions of any.of them. *n,ii-al. pf Qbligartons: 6,34. All.rcpresiritanoris, indemnifications, vvarmntics and guarantees made:in reyuued byvr given inaccordance with [hc Contract Uoaumcntq as tecll'as all conunuing obligations indicated m' the Contract Documents twill :sury v final payments cuihpleuori and acceptance of-t}ie Work andterm urrattonor completion of iheAgrecment ARTICLE 7-OTHER WORK Related {York at Site:. OtlrNi:R may perform other u at th'e site'by OWNER's own I contracts therefor which :shall ons similar to these. or have oth VCDC GENERAL CONDITIONS 19104 (t99 Edition} is e'i CITYOF FORT obtur moD11TCA-noNs(RE V 42000) provisions for tht; benefit of CONTRACTOR in said directeonRacts'betwe'en OWNER and sucli''utility owners and other contractors: Cooilfin&ionr 7.4: If O\VNER contracts •with others for the perfonriance of other wort. on the Project at the sit 'the_ follow ing'will be set`Cort6 mSupplamentar}'eCgndaions, 7-.4.1. the personc'.tirm or corporation who will,have authority and responsibility for coordination of the aclivitics among the variom.pnineecontractors wifbe idchtificd; 7.43. the specific matters to hccovered by such authorityand responsibility will be itemizedt'arid 7.4:1 the extent of :,such authority ,and responsihilitics will be provided, ' Unless otherwise provided in t)ic Supplementary Conditions, OWNFR shall have ,sole ,authority :and responsibility, in respect of such coordinatiom ARTICLE 8-OWNER'S RESPONSIBILITIES' 8.1. Except as otherwise provided in these General Conditions,.9N\'NFR shall.itgue.all communtcltions to CONTRACTOR throughENGTNEER. 9.2: In case of termination of the ernploydient of lIG1NI'L'ft, OVJNGR shall appoint era eiigii mecr against whom-CON'fRAC-TOR makes -no reasonable objeetionp wliosz staNs,uiider the,Counict Documents shall be thzt of the Conner ENGINEER 6: O� TIER 'rshall furnish the •data required d OWNER under'.tte Contmd.Documenis'promptly and shall iita4.e paymenls to CONTRACTOR:prorriptly when they are dueas provided in paragraphs 14.4_and, I4:13 8 4. OWNER's 'duties in respect of providing lands and 'easements and''providuig engineering surveys to establish reference points are set forth in'patagrapFts4:l and 4':4 Paragniph42 refers;to OWNERS idenufyrg and making available to xCONI'RACTOR :copies ,of reports of explorations and tests of,itlbsurface conditions at the site and drawings of physical conditions in existing • 0 0 0 0 by ENGINEER -in pretiifing the iCohtract D&urnents. b I ilities in F `9.& 'QXW-TLR.,_is,obIigatM t6'execute*Chafige .indicated ed in p�agra ra ph 104 8 :7_ OWNERS responsibility in respect of -certain'. :inspections; e - . ._� 'i, tests "_and -`approvals is " _set fvmgmp h, 13°4 In connection with OXWER's right to stopUbrk or ;Ysus)Ln � sc� hs 1310 and:I—3- . t. "siiph IS.2 rI 1olternnate services ofCONTRACTOR -ume'rc-ertaincircum.S ances, .t 840- C)WPNR's Fesponsibilit- in re— of,urAi.sak)sed ,qlv,fis- F 4_1 41 ,F-eyea, 11, xf fll GOWER he - ----- 10-iarnish, arrongeme bl-IRO ld, ih, 'g,", liao ri4_ oAwa r,, ens. ,ARTICLE 9-FMC.l_NT_E'M",S STATUS DlJR*G' comftUCUON o11,'AER,sReprckentative.- ,9.1- ENTGNEER will be 6W'NER's repregentative during. the, construction . period: The. duties and `espunsibilifieg arid the limitations! of Ruth-On-ty of ' ENGINEER ' as b"rNER's reIiresentafive during. construetion,are �iet,iohfi in.the Contract Documents. and shall of br'eUrndzd .,yt,%ynttm, R "arid ENGINESRE fisi-ty to, 9.2. ENTGRMER%%,ilI fiiakevisits to the site at intcrvals appropriate _jo- the various stags of -C ... cAstruai6n _A •ENGWEER dc'czns',n_ecei'zmry . in order to observe sirve as�,an experienced and Wlified.desiiVi.profession,n.l. the Progress 9.3.4, The R6r6eritativds rdeafings `in matters jiehRiriirjlto t4clort-sila the ENTGRTEER +and'CQNTTRACTQF_ But: the Revresentative :will keep the OIYN�ER advis6d about such matters:. The; Representative's deiilihgsavithsubcontractors will av'be-throughor 'with the 'full knowlodae' and .approval of the c CONTRACTOR 93;2.. butics-prid R6;pi nsibifitics. Rcvrcscntitiva viilli Review: the Progress 10 io schedule and 'other -schedules bre he tOW- L CONTRACTOR. -Find consult the ENGINEER concerrinv acceplabilitv. 94J:2.'Conferences :and Meeting , Attend, mutt fie with the 'CONTRACTOR such as; !PnVcWo on conferences. Dru I d gth rob conferences and:prepare; anii circulate Comes ofminutes of meetings. 93.2.3-Liaison. 9.3.13:1: Serve' as ENGINFER'S. liaison with CONTRACTOR' working principally through cqNrrRACTQR'Ssuperintendent to assistAhc CONTRA60R in uh&rstandinh the Contract D66uments, 9O:2.3.2: Assist in obliiriih- from' QWNg additional details -or information %66 - required, for proper execution of the Work: 9-3:2;33. A&isc thc FN('YINHFR and CONTRAarOR f of the commencement .of any Shoo' Drawing =or'. J�so F the suKniiqsibn has not, bezri'abbrmed by the FNIGWE FR- 9.3.2AReview of Work, Rejection of Defective Work. Inspection and Tests 94.2.4.1. Conduct on -site absmatiofis of 'the W&K iri prbgress to"Mist the ENTGMER, in determining that the Wdrkls proc:6edinp i .accordance with the Contract Documents. 9J14.3. Accommny viiitirg ijjapsctbrs jrep resenting �bhiq-2r other °aaencies;Win urisdiction ovr.heProject. ruord the results' ,of these ILsWctiom 'and report to the ENGINEER 0:3-2-5. Interpretation'of Contract Documents. (Foort to LNTGWEER"when clarifications ;md interpretations oF.the Contruct! Documents are needed. :and "r&nit to, CONTRACTOR clarification and interpretation: of the Contrast. Doctiments7'm 'issued cbY.' ENGINEER 9.3.16- Modifications. Consider.' and evaluate. :CONTRACTOR'S` suggestions: fo E I JC.DC66NERAL'CONDi:lfdM 1910-8690'Ediiicn) W/ CITY OF F6RT CO"L-L'IM' M OD-IFICATI&N-S' ('REV 412000) modification iwDrmvinps or'Spetificitions and MwAhese recommendations to.ENGINTEER: Accurate transmit m .1 to CONTRACTOR ,&uisioV.yiss—ENGINEER- ENGINEER 93.23: Records '9'.33i8i .Reports. 9.12'8,1. 'Furiush EN624EER p-erio4 -reports:us-.r 6iied,offlie'Plogres-S'afthe 1Vorl: - afid of. the CONTRACTOR'S com liaoce with the tir-Ogres* schedule and 'schedule .of shcvp Drawing and sampi 5ubmimls, 93.2.8,2. Consult -with, EqGBTEER i adVarke of scheduling major tests.' inspections or.stift of im0ortant phases of the Wa k. 9.3.2.8.1 Draft -proposed Chame.Or& and Work Directive Changes. obtammg backiurnaterigl omCONTRACrOR acid Me �d to ENGINEER- Change biders. Work, Directive 'Charges and field .orders. .93.2.8.4. Repoit irnffiediateN. to ENGINEER and ONVNTER'the occurrence -of any accident. 93.2.9. Payment Rectuests. Review'awlications it t1l NTRACTOR fdf Vliarioc L hq ZilhWTC—e shed (procedure r their .suhmission and forward with reconmendation-lo 0 LJ 0 INGINEUT, noting p&rticuldilv, the relationship o the ent requested to the.schedulc of valu d glaw'Is' ' d -ffgneat om e' e deNelrff at t not inl=r; -the work.. Work. 9.12J0. ComOetion:-- 9J-'):16.1. 'BeforeENGINEERissues Certificate of.Substa 'On :submit to CONTRACTOR . a ob-a-z-ved items'. reWirink correction orsc6irioldion 9.j.2.102;_. Conduct - final imp(i8on in'th comrfnv, of the ENGINEER. OWNER and CONTRACTOR :arid tirc ni a final list 6 items to Ue'corrccttFd or-conn 9.1-110.3. Observe that all :items -'on the; final list have been con-&ted or completed an rvak,i recommendations to ENGINEER c6666rfiinS 0-3:3. 1 iirni6fion nf Authnntv: The Rcnresentative, ski not: 9.33.1. Authorize any -deviations. ftorn-the' CoWdctr Documents', 4 accmt anV substitutc,' materials or c-�gij�gt�t,,urMg authorized by . the, ENGINEER- 93:3.2. Exceed Ainiitationsof, F. NGINFER' I So authority -6 set forth in the Contract Doctfincrits: 9.3.33. [JtiddrLike"anv,bf-the icspoiisibilitic - of the SCONTRA&OR. Subcantnactors. or CONTRACTOR'S LumedLn �&nt • 933A. Advise on, Issue directions relative 1o.--o'�murfie control over an .'asnect -of ithe means nteth6dsteehnigum sequ ences- or procedures- for �consftvction unless'. such- is. §pecificsflv'called for in the Contract Documents: 9.3.3.5. •Advisc on or issue: directions, repa 'or :nssume control preen tiofisaml p carged ofig with the, Work. 9.3.3.6. Accept.Shoo 'aivings or 'samgi submittals firom anvone 'other 'than the, CONTRACTOR: 93.3-7.. -Aiiihorize OWNER, to occupy the Work-in whole or in pan. 9.3.3.8. Nrtici&te' in pe&ialized field laboratory tests or irispectionn conducted by others 'except as spmifically authorized by the IRNIGINEER. Cl�fications,-yndliiterprettidons� 9:4: ENGINEER will issuemith reasonable *irptness such, w�iifn clarifications or 'irnerpretniiibns of I the -I.. I z - I - . EJCDC GENERAL CONDIT10N51910$(1990 Edition) Adthorked -Variations in• If i 6r . h- , Rijepting befecta, i Shop Dian higs, Chanke,Orders andP(wyinen& 93. In connection with INGHTEER!s.auIhbiity,;as to Shop Drr�vings acid �3irriplts.seely4ragapiis' 6.24 tHraugh 6.28 indminre. 9.8: In connection with ENGINEERS duthofiWdsAo C,hange.0*a: ice Articles 101 H - and -12: 9.9. , In connecti6n,%%ith'ENGMERssaudmdty as.to Determinhtionspr Unit Ptices: 9.10. ,ENGINEER twill determine -the actual quantities and classificiuio' ' '3 ' of Unit Price� Work 'lNcrIbrrned'bj- CONTRACTOR. - ' ENG114ak 'i.01' r'c-vie'%'v'-- with 'cb)MCA&ble 'preliminary determinations on such matters bef6ic rendering a written deckion thereon (by recommendation of an Applicationi ,21 1)ecisions-on IXTwEv FJC . DC6E'N-SR'AL'CONDfff6M 1910-3 (1 9Mdjficfi) �2' w/6-ii6F miT COLLINS NiOD-Ir I CA'T I O-N'S' ('PXV'4-12000) d,0'5'M - othenvisP,agreed in *iting by OWNER and CONTRACTOR: 9.13; Limitations on n'GINLIR;3,Auihofib, :and R41tifibifiriew: �9.1322. ENGINTFFR- ,will rid supervise, djrek ooniiol or have auiihority'ovcr or bc'riespoftsiblc° for CONTRACTORS ryuuins, methods, Jechaklues, scgnenas or procxclurcs oNon4ucti6k or.the ,safety: 'e tion ' s and �prograns iixiderii thereto; or for any; p"t" failure of CONTRACTOR to complj,.%vith Un�,s and c* t Regulations appficablo the comply.with or. perfic i I rm ax I ux of tK-e Work. ENGH41M will [I not he ':responsible ' fbrtbN�CTMs-fkilure to performor hinush,theVoikin o'coordarioe -%vi-Ith,thi'Contract bocum6nts. -9133. ENGINEER *ill'not be respbriible f6rAtW arts of '6missioris-of-CONTRACTOR or of ,my,. Subc(ontractoir-.'a-ny S 6pplicir. or, of an' y,biher Ocison, or k - ' 11 - If 'a. , organization �-per rmm or urn , mg any of .the work. 015. The, bral - tano'ns upon authority. I and, responsibility'set for0 ut th s"paiagraph 913sk 11 also, apply to:IIQGINEER's Consultants, RzsirlenC Project Representative and essislaiits. ARTICLE 10—CHANGES IN THE WORK ' 101 If OWNER'and .CONTRACTOR are tumble .to agree as jo;_the extent; if any of an' adjustment m ttfe Contract,Pricc-.or an'adjiistmcnt of thd;Contract Times tl at ,should be,ellowed as,a,result of 6 Work,Change._j)iree6ve,• 'a claim may, be made thcreforas provided in'Article I I nor' Artiole 12. 103, C ONrrRACTOR'shzll not lk enuticd to"amincrcjtir. in the Contract Rice br an exteriioh of the Contract Taffies with respect tq any Work perfdrmed that is not regiiired by the Contraot Documents as amended„ modified and ,,;upplemcntcd ss prov tdcd in paragraphs S and l.6, except. in the case gfan'cmergcncy as providitl m pamg6iph6:23 'or` m the case of uncovering -Wom eas. provided .in. paragraph .3.9. 10.4 ;OWNFR and4CONTRACTOR shall exccutcq appropriate'Changz Orders recommended t ENGRJEGR' Or Wntteri Amendments) oovering: ]0,4.1..,, changes in the Work which are (i)'ord6ed by OWNER pursuant to paragraph 10.1; (u)'required because, of',accept'ance of`'defective Work undei paragraph 13,13 or correcting,OfecNve Work under pamgmph'13'I4, or,(Q'a : 'ed ic:by the,pariies 10.4.2 changes in the Cornmct Ricc or Contract, -Timeswhich are a ged to b, th part' and 10'43. changes in the Contract�Rice'or.Contmet• Ttmesrwhkh embody the,substanoe of any:written decision., rendered by ENG1N1 ER pursuant 'to l�sph9;11;_ . provtdu3 0iat; in lieu oC.execuungany�svch ChaiUe t?rcltr,. en, appeal may be taken from any such deciiron in accordance with the provisions'of the Contract Documents. and applicable Lawsiand R64lations;'bui during anysuch. :appeal, CONTRACIOR'shall.carry on'the .Wak an :adhere to"' thic",progress schedule as ' provided ' in, Iatag9'aph'6 29, 10.5: If notice of any change a0ectiRg the general scope of the,Work or.the provisions of the Contract Documents EJCDC OEt.'ERAL COIdU1710I.51910-8 (1990 E1Gtian) .w(chI i,,OLFORT66LLi NS MODIACAT[ONsuR vincioi)) (includiirg, but not limited to ;Contriatt Rice or Coii*kt Tinin)`is•reiryired_by the provisrorts:6fany B6ndAo be given:to a suretyty, the.Ovinq of. any. such: notice will be CONTRACTOR's'resperosibdtty, and the amount of eHe}i applicelilc Bond will be adjusted a6W*6Igly ' ARTICix, •11—CHANGE OF CONTRACT PRICE, 11.1. The, .Contract Prig constirutcs .the total 6ont0cnsh466 (s'ubjep[ ttr authon7c adjustments) payable to:CONTRACTOR'for perforin4g the' Work. All:dutick respor6brhtics and obli�gaationS' assip ed toot undertaken by CONTRACTOR shall,beat COAFTRACTORs: expense withoute'G ' inth Contract Pried 113: The value of any Work covered_ by a Changve Older or of•any.claim for an adjustment m the Contract Pike will be determined as follows:- 11.3.1 where. the Work imtolved is�covcred by.unit prince oontairicd m thc::Convaet Documents, b)' application of such Unit.prices to the quantities of, the items Iin.ohed (subject to the ;provisions of 23 p , ai4gr6iphe 11.9.1 through 119.3, inclusive): 113J. ,where, e Work involved is not ,covered :by un it ..t,pn- " v6ontiiined in the Contract Docirments by. a oc:. mutually agreed payment basis; imludmg lump sum, (which finny rttclude an alI(o%'V'Micifor 'overhead -and pr6fif not necessarily accordance,l�rda�, with paragraph 11.6.2)-. 113.3. where the Work involved is not covered by.unit. "I - - . qprices:oontarnec in the Cgrifr6ct Dcictureniis and agreement to'a lumpSum ii . not reached undO ipamg_ravh 11.3,72, Wthe basis of the Co'st'bfthe Work (determined as-Trovided in paraguiphs 11 A and 11.5)' plusq -WINTRAM"OR's fee for overhead and profit ,(determined as provided in piaragra'p h 11.6 . - ' ) Cost ofdi 0 Work I . I . A 1 Thc;tcrm Cost'of the'Work mems the-sumor.al - I -bosis� necessarily incurred and paid by CONTRAiMR in r, , ii 'of th' W ik e proper performance:o e o -. •Except as__907kr%6se' in writing bj1OWNEk:such costs shall VYW , no higher than those prevailing, in the locality of the Project, ihall include only. the,folloveing .items and shall not: includleiany:iif'the costs1ternized in - CONTRACTOR shall obtain competitive bids front SY-be(riiiiaciors- acccpitbk ,to. OWNER 'and CONTRACTOR and shall -deliver, such bids to OWNER who will then'defermine vfith- the'adyiee of ENGINEER, which bids� if ary'vvill beja('Aepted. )f any subcontract , , I provide , ithat ':& Sg_b6omrftctoi is' to be paid on -the baits of (36�t of.the Alciirk plu-s"a, fee;the Subcontraotor`i'C6st of , the Work- and fee'sha H be determined in the same manner as-CONTRAtTOk's i3O,i,' of L -k , and fee the '\�Ior, ' a * ec as provided in paragraphs hsll.4, 11'51 11-61 and 11.7. All contracts shall bi'subject to`the 61hcr,'pr6visionsi'of ContractiheD , ocri , ments irnofin r , as , applicable: HA4. Costs of-srAcial,consultents,(including but not limited to cngvncem, 'arc Ihitccts testing laboratories;:surveyors, iittEifficys and 'accoufitthts) 8mplo c qx-cir,611 , ,ycd for services related to the 11.4:5. , Suppinmcntal costs including the following: 1 IA-5.1, Th- rtion of necessary. tranq).ortatton, trove and subsistence expenses or CONTRACTOR's employces incurred in discharge of duties corinecke'd with the_Work. IIAS:1 C6Aincluding',trunsponation I and M.-iinterim6e, of fall ffiaicriak, .,SUP'P'lies'� cq6ipaient;, machinery, . appliance-S.' office'and temporary. -facilities atithe site arid hand tools not o,i4kcd by,A6 wbrWers'A,bich a- "consumed- i "th re in c jiorf6niiamc;-6f the W6Ak,Anid_cosz less Market value -ofiti6h items hied but not oaiisumcd"ich remain the prop:rty of CONE RACTOR 11:4.53. Rentals :of all constructionc - qu. ip . in , e . ni and,machiriery md'.tlie- parts thereof ' whether rented1rbra'CO14TRACTOR or others in accordance' %Vith.r_cn-tnI ' a g'66cimints ENGINEER and by. OWNER with the advici ofENGINEERwidthe costs of frimsppriation, loading unloading, installation, drsinantling and reirZI,thi�e0f4ll in accordance with'- toms of -Said recitala . green I i I e . n I ts: The ierital of any socb'eiq'pn'ae'n`1, machinery 'achi w 'nery or Onris."shall, cease,- hen the' use' theie.of is no longer I necessary for cease,, _1%V6rk. 11.4:5.4. Saks;ooniuffier, use or similar taxes related to the,, Wort., arid', foe_ivhich CONTRACTOR, is1iabk,-imp6sed by, Lavva,and Regulations. h- _c0i4i0&bR_w'ith: 11.4.5.5. Deposits- lost for -causes other than in which cise-the-6riish negligence of;CONTRACTOR,.- inny OWNER All trade Subcontractor or, anyone directly, or indirectly ; and reng= k k6msaof 6 1 mpliq'itid. by my of them or for whose ac - is , any pim:m shall:accrue to of them may be liable, and royalty pay'nienti and )R shallmake provisions foes for permits and licenses. 11-41,Payments rnadc-Iiy CONTRACTOR to the, SubcoMriictors for Work. -performed or furnishcd�bj Subcontractors. If required by OWNER E JC DCGENMCCONDITIONS 1910-8(690JE(fitim) 24 11 A.5.i5. Losses and damages. (and related expenses) caused by damije ;to the Work' not compensated . byinsurance or oihenvise, sustained by CONTRACTOR - in ocirmb6ition with `the 9 • 11:4.5:7. .Thacost of uti_litim fuel and;sanitary facilities at th1.e site. 11.45.8., Minor cxfxinses such !as "telegrams 16ng distanceaelephone rolls, telephone.senace•et thc'sitc; expressagc.and similar petty cash items in connection with the4Vork. I IA.59 _ Cost of premiums f'or addnuonal Bonds and inrsumnce required because ,of changes in die 1Vork: 11.5 The term Cost ofthe Work shall not inoludc any.oE[ aria folloying 1152 Gxpenses.of,CONTRACTOR's phncipal'and branch 'offices'other than'.CONTRACTOR's office at the site. I15:3..Any .;part of, CONTRACTOR's, ,capiial.. e>,penses, incI dm� ,interest on .CONTRACTOR'S' capital employed;f& the' Workcharges„j ains -aid a t CONTRACTOR foi dekriyuent pnyme"nis; 11 5 4. 'Cost of premiums for. all Bonds: -.and; for. .all mstaance whether or iiut CONTRACTOR rs equirecl by the Contract Documents O purchase and maintain the iarm (cxccpt for the "cost of premiums c0vcr6&by subparagraph 11.4.5.9 above}. EJCDC OE�'6RA1. CONDI710[.51910-8 6990 Edtim) :a'/pTY:OF FORT COLD NS MOOIMAT[ONS Qt6'V 4/20ea). 0 11.5.5., Costs . due to the negligence of CONTRACTOR,'any Subaoittractiir; or anyone direcily.or'irtLecily employed by,anyy: of them ar:for whose acts any of them maybe liable,`includntg but not, limited to, the correction of defective Work disposal of materials or eq --inem iaTongly 4uppl ed and making gootianydamage toprooerty 115 6.. Other overhead or, general expense costs of anykind and the costs of anya[em'not'specnCtcally, end expressly ricluded ippaisgraph I I A 11.6. The CONTRAC'rms fee illoived to C01,TfRACTOR 'for overhead and profit shall be determined m follows- 1 I'6.1. a inutually acceptable ftxed'fee;'or 11.6.2. if a fixed;fee is not agreed upon, then a`fee based on the ,Collowing`.percentagcs of the various portions oC the Cost of the.Work[ .11.621'. foe 1c6sts mcurred under pamgraphs;1141' and 11.4.2, the CONI'RAe, OR's kc shall be fifteen percent;, 11.6:23: for costs' incurred under pamgraph'11 4 3, the CONTRACTOR'-. fee shall be five percent 11 6.2.4.. no fee shall be payable:on the basis or costs item_ emd under; parkmpihs 11.4.4, 11 A.5 and I I:S:: 11 6.23.,, , the amount of credit to be'allowed by CONTRACTOR 6o-6WNER for any- change ivhich�restdts in a net'decrease in cost will Vthe amount oC the actual net decrease -in cost plus e 'dcxiuctron iii.COsNTRACTORfeeby an amount equal to five per net &e ease; and 11i6.2.6. when botfi additions and "credits are involved: in, any one change. the adlustmem'in CONTRACTORS Cee shall be corn puted ori;the bases:,oE the net change' in accordance. with raragraphs`lIi6..2.1 through11.6.2.5;.in6lus`ivC 1137 Whenever the coos[ of :any. Work •is �to be 25. �deteimineo pursuant to piag6phs4l.4 and 11'5,, 'CONTRACTOR will 'establish and 'maintain- records. Lheredin.acc6rdance withgencrally.acceoted accounting; practices and submit in form,accep-table toENGWEEZ.an itemai�cdt ccsbreakdcvn together_ With suplp'd 1i Fung, -Cash Allowahees: i t.s: ifis understood that CONTRACTOR has included in_:the .0ofill'ac - 1:*Price lillowimces so namedin 'the Contract D&umen-6hhd'shjll 6aus6"the WoTk'!i6'c6V_6red :io;bo furnisliedisW jerf6riaed f6r,'�uch 'S'a- m*s'_aiS_r'a'HY'be .accep6b] I e . to.Q%VNF R I and E . N I GINEF I R. . CO I NTRAM'OR �aggrce_s'that: 11:8.1. the allowances include the :cost to CONTRACTOR (lea any app.U�abletrade dis�-6drv�). of materials grid equipment required 'applicable by , the hll6winccs to be delivered at the sae. and all applicable tares: and I I.&I CONTRACTORS casts for unloading and, handling on the n'bo6 lejnsiallatio'n _66s"ts'; oV , erheiad,' ' ( profit .:,and "other 6x'Pe-rise's' &'6ntc'n'iplWd 3of I. h c allowancese been included iri.the Contract Pike . 'hRv and not in 'the allowances and no demand for additional fmyment on account of any of the foregoing willbevali&. 'Prior t6'f*Ln.ilpayment' ,-mal)propditeCiiihge"Oidzrwill Le- issued as iccoinniended by ENGINEER to reflect actual ,amounts due C6N`fR.A6TOR onsconumcif-Work-covered by' Allowances, 'and the' Contract Price "shall 'be' correspondingly; adjusted: Sted: itA 11:9.2: Each unit pike wif! be deemed.Winclude an amouniconsidered by cbNTgAcTOR to be ad6q'uatc to cover CONTRACTOR's 'overhead and profit for `each sgparately ,)derit ieditern. 11. 9.3. OWNER `6r CONTRACTOR may. rn,*e 9 diiini fur an iidjustment in. the 'Cchtiia Price in accordance with Aiticle -11 it: I I D.M. the cjuafitity..of any item of Unit Price'. ,X4'ork performod by - CONTRM-JOR differs, iiakeiially, ana signilicImIly from the estimated' quantiiy of such item indicated in, the Agreement; EJCDC GENSM CONDITIONS 1910-3 f 1990 EMIM) 26 W/ di-Y6F FORT COLLINS MODIFICATIONS (RrV4/2000) and there,is no wrrespunding,adjustment with resMtto'any other'item ofWork,and ,11.9.3.3. if CONTRACTOR believes. Jhat ,CONTRACTOR is eAi6tledt6*,m increase in Contract Price .as: a. result -_of, having' itieurrvc! -additional ;exTaLw or bXV1,Xk believes ,that 'OWNER is entitled to a'decreasieln; Contract Priee 'and the parties 'areu'nAle_ to, agree as -:-to the amoufit;6f any such Hilcre"ase O-r-deim' decrease. . .11.9.3.4.- 'cbNmAtTbR acknowledges -that iheOWNIER'hn.s.the.riOhttonddor,deleteitenisifi the Bid discretion-vathout aflectina the Contract Price of am .remaining it6m so lone. ac-thc-deletion or :Wdl-tiondoes-not excoed,twenty-five percent of the original tota[Contract Price. ARTICLE 112-CHANGFOFCONTRACT TIMUS 12.2. All time limits stated in'the - Contract.Docaments. are c of the ess M'_C_e_'o'f the Agreement: 12.3'. Where tONTRACTOR, is yneyeii led , from if del -aim is made .ther6ior as oh-111. belays beyond the, litions or 4actsW Crod. ' Delays, 0 9 17J 'within the cpqtrol�-,pf a Subcontfactor.or Suffiier;shall.be; ;deemed to be delays within 66 ciifitiolbf CONTRACTOR ARTICLE_ -13 3TSTS . 'AND, ., MpFilnms; CORRECTION'REMOVAUOR ACCEVIANCK OF DEI-TCTIV7, WORK 13.1. Notice,PP,etecis: Pro - rapt, nowie�of fill defective Work of which OXktNFR or ENGINEER have,acLM kA6W]ddgc . w , ill be'.'_Vven.to ;CbNTRA&Ok, 'All 'defective Work ma"y. K, rejected;,'corrected 6 , r 'accepted as provided in this 1 -4. Access to lwor.h... Tasf�s and Inspections: .13.3. CONTRACTOR sliall*give INGINEER Lately .police of readines`s'oCt}e.lAror4c for ell reyuuecl tttspediotrs; tests or. aPPPoi•als;, arid slitill cooperate with hisl3eiction and, ".testing pen;omel -to lacil itke'r,&4 , ii ifed I i ns Pe citio"m'or"tests: :134. .Q'W-WE-I'"Il iem p.-ioy-ari'd_ pay r_or' ih-e,-sievi6es,6_7 tin P1dePrdCrlt test"laboratory jo perform all ihs*fions, tests -or approvals:'requred'by,-the Contract:. ID&durieiai except: 13.4.1. for inspectioM tests or, aPP'iovP,1s1eqver.ed 13.4.2: aiat CC&S inkitrred'irifcorihectionmith tests, or in*ct10_micondu6ed1,pLffsLiart io ;Im.rngraph 119 Nbl _E(tt i below, shall `tie Phid 'as- "provided ,in. said4mragmph'139: and I Y.44. as otherwise specifically provijedin the C6'nt'r'9*c'1 bocu"r c'hts 11 . 1. 13.6 If, any Work -(or. the -work, of others)"t6t'is to be inslxciod, icsied' 'of aprx6ved is 'covered by CONTRACTOR without . Wrii6 'concurrence of it'nitistif reyucsted,:byll'hNGINRER, beuncovered foFobscivation. 13.7. Unooyerirtg'Work.as I)rovidled in.pragraph 13.6 4611 be .at ',U)NTPACTOR's e4nse unlessCO - CONTRACTOR his,giv6 FNbTNk finicly notice of 65]�TRA&OR's_ intention � to '0 . cover , the seiiiie :o6d ENOINGFR has nrit'ictWwlith r ha'ble rirom"ptheiss'in response to such notice:� Un';I'VeringAork 13:& 1 If any .Work* is,covered contrary to, the written of ENGINEER 'it roust Yiecluested lj�, E�4GII�Tftk * 'bc__6nco'w'i'ed''-for' ENG'iNEEk!i observation AnilAnilTe- CT ,pacedalCONTRA Ciks 6*iise. -27 SECTION 00100 INSTRUCTIONS TO BIDDERS • 0 0 replacement and reconstruction soil, iC the are ,unable. to aarce as to the- amount -or e.�tent thereof CONTRAGfOR may, make a claim therefor as pro6ded in: Articles I I -Ind 11- 0111AIER Maj, Stop the IV6rk Work ha.s been rejected by ENGINFhR, remove it from the ;ite and replace it with Work. thdt is not ldefective. CONTRACTOR shall pay ;all -claims, costs, losses and iimag6 cadged by"'or result.mg, from such . correction rr ection — or removal (includiri.bul riot -limited to all costs of repair 9r, 13.12. Corredibn Period: 13.12-2:1n sp ecial, circumstai6cs, where. a Particular ahem 'of -eq 1. uip . ment is placed m continuous, service - �before Substlmtia[_CbmPleLson Of 1111.16 Work the ,correction Period f6r'tfiat ii6n nia), start lb'run'fi�diwmi _afIie_r-7&t- if, provided -,, 1 1§' ifi i"' " by •. _ _ F so Ul the . Peel Ications or writteirlAm6ndrilent. 13.123. Where Veyeedve Work (and darnagp.to other BJCDC GENSk& CONDMOM 19104 (1990 E(fition) widri-Y 6Fi;oR*'T cokLiNisi modtric'A-'iid:t4ii (tEV412060) Work" 'rewltin6 therefrom) has fbeqi 'coincted, removed or replaced undei this para&aph 13.12; 'the correction period hereundcr.with respect io such Work will bee.aended for an additional Period o f , _ , 7M I y :-lu f%v6 'affcr -su't';h" correction 'or removal :replacement has been satisfactorily completed Accepiancc qfDifecfi&Woik 011,7VER Akv Correct Difeedre Work: 0 0 ,-damages %-v include_ but not "1561itnited'. c�o:ls of re pair pair or replacement o work of otherit%2ro d �r� maged., by correction. removal, or, ..... �rnent of CONTRM,10k's deftel&e Wort:.. CONOCTOR-4a.11, not eid m�iion' 'of�-Ihe :ContraLl" Taney , _ Or inrj&Ginianee of tbe, Work attributable to the'e. LT�ise.by.'O\kVM"ofOWNER's rights and remedirs Yereitrider. ARTICLE 14—PAYMEN7STO CONTRACTOR AND :CbAIPLET[614`' CONTRACTOR - - -.1 1 ..Schedule f Malues. _14AThc'.w"h6dulc6f values established asl,ko�iqcd in paragrBp h?:9 wilI serve as the basis for progress payments ,and will be incorporat6d into -a form "of'App.licaiion for Piyaieni�6ceptableia ENTGRNEER J Pr'6iir6ss payments on i__ , based th '_ bef�;f ,account of Unit Pricd-Xkfdrk will be a , on., e num units itscompleted." n Application for Progrow Payment, 0 CONTRACTOR s WarraWy ofTitle:_ 11,3. ' CONTRACTOR warrants aria guarantm�that title to all wl "6- - '_ Work; _matcr�aIs equ!ppenl covered _y any'l� -1 1 Payment, -whether iriedr' t a m the _ porn C, Projeefor'not,will pass id'OkVNER no later than the time of payment fiec andblear of all Liens. ReWeK,,qfApp1u*4oi&fur Progrem Pqyhz67t_ 14A. ENGINTEERwill, within teir days . after'rcc�ipt of .each Application for MTncrjt eiiher injdicateA*nwr1 . urwo whiw'6i i:6ii6buir�smWil'ICK11614S , il V 4/2 0'00-) 0 10: ENGINEERS iccomm8h&tion.of:1ajny pays requested in an Application for Nynrcht_will constitute a representation by ENGINEER to 0 ' XVNER based on ENGINEER 6hzsitc9' 6sc f h" coutcd'ficrk as an expenen$;e "1 , , rvalions�o, t c.c.x "d qualified design pro f6ssio'n'ail'ando'n , d aril HNIGINEER's TcvwwL of the A pl16tion:for,Paym,eht,gnd the accornpahying 66 and sleduks;lhat to the best of PNGNF,ER's knowledge 'informaiionrand belief.-, -14:5.1. die Work- -has' pidgrisskd to the "pDihtl ifidicat6d, 11451J.,the conditions tions , prece . dent to CONTRACTOk's being,:entitledto- such. paymciai apj�*(. to have been <i4lfilled insofar as it as ENGINEER'S " re 'sponsibility to observe theAVork. 11-41.7. ENGINEER-ma),.r'cfuset6-fc66rvfmehd the whole or any pailofany,pa . yffient if, in ENTGINEER's,6piriion; it would be incorrect' :to make the representations' to ,2q OWNER ieferred :to in paragraph 14.5. ENGRIEM may, :also rclusc,iii recommend any such payment or; bcctuie'of �Subsequenllj- -discovered evidence, or the results of 11. L L I . I subsequent inspections'or tests, nullify -'any stich,p6yment, previously" ie,comme-ndled, ' to" such extent " be necessary in ',RNMINFER's opinion 'tii, piot6ct:'OWNER. from loss becriuse: 14.3.1. the Work is defiective,or completed Work has, been dam!t aged - rvq4irin c . C!Cop orr ti orr . eply,centent, 14.7.2i the Contract Pri6e has ;Been reduced by Wrjtjejj Ajri6rtdment "or Chiinge Oi8er'L 14.7.3. QXk,WFR has been required to. correct or co , n 7 1plcii'Work In nc6ordanci with' P`arlug'P-rrip'b IJA 4" or 1i.T4. LNGMF[i has actual knowledge of the . occurrence- of,any of the m-envi enumerated 'in, plis. 15,2.1 through 15.2.4 inclusive: OWNER mayrefuseto ffiakcpa}riicnt of thc'full ainount� ieocmrnen&d by HNGIM-PIZ 86cdusi- 14-75. claims have been made against ;OWNER on, account of CON'I'RAtl'OR's'I)Eiforrha6cc'.6r furr�irg'. brtbe JVmrk I I , _ r - 14.7.6. Licits have been filedin connection w'ith the Work except where COM'P ACTOR has delivered a 'speciFic Bond satisfactory to, OWNER to �,sccuf6 the. sa6fiactio-n and dis'eharg'a ofitichiLiens, 143.7. there arcotfier itemschfiflingOWNFR'toasci- 'off against the aniount,recorinmende'd.,or 143.8. OWNER has lactual kriia%Oedge of the occurrence or,.any' or 6e,,eyents emtmeratcd!irl am gm p , 14.7.1 through 1.4.7.3 or parii9rapha15.1-1 throi3gh 15.2.&inclusiJe; but OWNER must giye .CONTRACTOR immediate writteii,notiCcL (with d copy to FNGTTNFtR),'sta.ting the; reasons for such.tiction-ind pronipid�'-, pay CONTRACTOR amount so wnhheld, br-ai,�y*adgust-m'e-nt'th-er'e-to mzir`eie , d to by' L '.OWNER and cONYTRAcToR, �Mien CONTRACTOR conrecL% to M�17E 'g mtisffi'ction the. reasons aions for slick action Substantial Cwiipftfiod: 14.8: When COXTTRj ready 'for its inientled i a .4EEke trill notify-, C he'treasons th-crefor- EJC . DCGE , NE . RAL CONDITIONS 1910:8 (100 E(Etion) 30 wi CITY OF FORT COCCIi;S M66iriCA'T-[0N-S ( 'kE'V412000) 10. owiq M., shall, have .Ithe right to exclude comrRAurOR' from 'thc. Work after th,'' date of, Substantial 176mpkiion. but OWNER shall alto CONTRACTOR Teusoinabli a6ce&i,to compike or correct nearsonthe teritn'tive'll'st. Aadial ufifiza6n: I �; , . I 9 0 0 • • 0 1490;2; No.occupanct or separate opcmtion of part 1.of the Work will be accomplished,pnor to ca'mplian'ce' with th@'regwranents of paragraph 5 I S in.r',e'pect of property -i rsiirancc. -Final Inspection: .14:11 Upon.tivnnen notice from CONCRACI'OR_,that,the enure IVork"or iin agreed pomon`thercoC is compictc,. INGINEER.will make a final inspection withOWNER- .amd CONTRACTOR and will rrotify CONTRACTOR in i6iing of all parncultim in which this mspectiomretwt that the IVork is mcompletc or d fectve CON•CRACCOR. stiall immediately take such measures rware necessary�to 'ibmplctc such;work or,rcaicdy such'dcficicncics, Final Application for Payment EJCDC CiEt:ERHIrCOND1TI0NS19t0-8(1990 Bttitimj wlCITY O1 FORT 0.7I.I.INS MOU[FICATIONS (Tth'V 420uaj. to' fiirriish "such a release. or receipt in full; CONTRACTOR'. may, furnish a,Dond or;other collateral satisfactory "to OWNER to indemrii4, OWNER againg anyLieri'Releases;or waivers of liens arid the•conseri of the"sufety to finalize -payment are.. to,be'2suhiiiitted'on foims confoiin ma to the format of the 'O WNER'S standard dorms bound in the Proiect'manual: Final Payment and Acceptance: Waiver- of Claims: 14.15. The making and acceptarece:of final payment.will - . l'4:15 1 a waive of all claims byOWN1sR against CONTRACTOR except, claims arism-g from -.unsettled Licns, from,'Aefective Work appearing after 31 final 'inspection pursuant: to, failure - 'comply- 6 ontritct Documerrts.or 66 te S,of, F any SPicial g rantees e6ificd therein. Of r CONTRACTORS continuiri o�ligaqoris,uiiad o theC'Contract Doc"'um �ta�a ' ' 11. ... ,, - " I n 14.15*.2.A Aiver ofall-.clairns by CONTRACTOR against 01AINTER'other-than those-previously,rii6de,in % i vijiirig,and still unsettled. .ARTICLE BrSUSPEINSION OF WORK AND �TERNIINATION 014WER AMYSaspind York: M bwxf-fi A14 t&n2znt*e:, re11 CONTRACTORI1iot ivhich afestored 'elsewhere and finish the -Work as OWNER may, deem case CONTRACTOR shall nut:beentii1ed to receiveany further payment until the Work is finislied. If the unpaid "rice, of thc"C'o-nLiact Prio`e16c-cecds',iill cla" -'- --costs " lasses and ,-dnnl@gcs,sust'im6d by OWNER arisifij'out ,of paid to'CONTRACTOR' IfStjlch cllim4 costs, *losses aud damages'exceed- such unpsid*Wanoe,-,`CONTRACTOR dwell p'a'y,',tie� ,diffgcn"td'OWNER.-. S6bh clainis, costs, kisses and damisges incurred by C.VVNER'%�ill be reviewed liy'ENGR,TEER'as.t , o "their : ie, as ufia6lane� and NOiii SO- iPpo approved b�, ENGINEER incorporated i - a"Change 'iv ve' ERmo9r`porat ins'C ngeDr r; "i&' that when exercising any riglits:or remedies obtaer 'this Pam I graph ONVN.FR-s,hall not be required to in thelowestpirice , for` the Work' performcd. 15.1. Where CONTRACTORWseivi6cs nevi 1-idm- 'so' terminated -by OWNER the terminaiion wiH,-not.aflf:ct a&, )r * remedies of OXVNER. against CC OCTOk, then existing'or which may theicafter ' CCrue: Any retention nt oripayme'ofmoneys,,d ue CON`I-RAC7fOR' 'by 'OWN'baz , will not release, CONTRACTOR from liability: r- botK "directly ISA , Upon seven days'. written notice to may' as ' CONTRACI'OR. COMIR,0,CTOR �and. FNGINFTF, OWNER. may provided In without cause an without prejudice to any other right or as provi -d d ometf6wNIik elect to tcimihate�thc 4eoffient. In - ,h ase, CONTRACTOR shall be paid (without duplication ofrmy items): 15.2. Upon the occurrence of any one ovinore of the following - I. - ong events: -15.2.1. ifCONTRACTOR persistentlyfink toperform the Work in accordance with the Contract Doctini'Lirits. (iric6*but not 'lirniied:to; failure to Supply- i6fficient, skilled workers or suitably 'matt'Tt'als-or,t!qui"pme-rit or failure to a'dh'c-c r'to the prog I rm schedule es6blished 1, 'L' -- '-b_,)g 11s adjusted 1. 1 from - time ' 1 .under paraprap I as to time .pursuant to Paragraph 6,6) 15.2.2, I c'cNT-RA-C'T-0-R disregard . s Laws' or Regiilatibas of any public bo(b,,havin,gjuiisdictiofi; 15,2;3. if,1C - ONTRACTIOR'disregards the inithchity. of ENGINEER, Or 15.2.4. if. CONTRACTOR otherwise violates in any substantial way any :provisions of the Contract bocumen-Ls-:, EJe1)C66aMAL'C0N6ffi0'-M 1910.8 (19 1 90 1 Mum) 3T wi dij C6Lj.Irz'M661t.i6A;r10N-5(REIV 412000) 15.4.1. forcoffifileted and acceptable Work executed in . acorirdafi6c I " with,thc,Cont , ract Documents'prior to the ciffective dat'c',,61"t'cnn'iiia'tt'o'n',-i'ncl-ud',ngfair,fiiid reasonable sums'far &erhead and profit . on such 15.4.2-for 'stained prior tb-the'�&ective dato-,bf t=suin inperform ing services sand .fdri"n'Airij labor, rriaterials-of e-q'jpmenf-asre'q6Lred by. the Contract Documents in. connection with uncompleted Woik- plus fair and reasonable' su'rils' for, ov&head'and profit ohwchcx rises;' 15.4* 3 For rill' , rAahs"costs,1 losses and damages incurred in setflemdi'tofterminated ,commits with Sub&?nim, k I I�'S4ppuqrs1�I and otliek- and qrs 15.4.4. for reasonable expenses, directly attributable i6 termination. CONTRACTOR shall not'be paid on, account of loss,of anticipated profits or revenue or. other econorniv loss arising out of resulting firb termination. CONTRACTOR CTOR Alzoi Stop'9'6rk- or Ternzin die: 15.5. . lf'ftough no.act or fault of CONTRACTOR- the Wdik'is suioe , aided for . a . period of m&r-e'ffiafi I ninety 'days of tin ter an under of - court 'pr,othei public �Sol or PNGlNFFWfafls'to act.on I any Ap I plication to, P: Within thirty days:after it is submitted or OWNFR:fails f6rihifty days to Pay CONTRACTOR any 0 9 0 .ARTICLE 16—DISPUTE RFSOLurJON 0 .ARTICLE 17-1IMSCMANEOUS Gii1z'ft`kNM6e 17.1. Whenever: pay ., prowsion., of the (76iaract Documents requires the giving of written not18e, it'%vill 6i. di eirted to have been_validly given if deliv'e"ried7mi I*xr"s'on to: the ihdiv'iduafl ot- 1o_amember of the firrh,-orltn'an'offiteir of the t:orpotation for tthom it is intended,, or tf delivered at w _U :sent by registered certifiedor.Mai postage prepai to the; last 6wm*_esiaddress `k-ncavn to the giveiof the notice. 47.2. Computatibit qfTime: 17.2.1:'Whemirny period of tirde'is referred 6',Mi'they Contract Documents by.days. it will be computed to 'e.-iduddthe 'fir� ithd includ�,,thejak.,diy,ofAbch jeri4 AfAc last da ' f` . `such period falls"" Ra� .1 I I yy 6 any su, pen - on `'a, Sunday 6r:6n'a day made lt'lich — such p.1 by the'la'W of the appli�tiblcjurlsffictioh, such day 11 be orrutied ftom, ifie com, p.u,i*ibn. widw,&Fi;6iiCbaitdi MODIFICATIONS`'tR'EV 420'004) 0 4 7:2, 2. Mcilerkldr &y ofi%viky-fouii hours measured from midnight to the4icxt midnight will consikute a Piqfiesiioizal keevand Court CbsUlncludeV 17.5: Whenever iefieren6eL's`made',to`eI4ims, costs, losses daifmg,cs"J,t, shallinclude , in c . ach, case, but not wlirnited to, all feesandchargesof itg" r. anchit- ects, attorneys and other Ordesiianals and all' court: or ititiitrdhon or.ot}ierdispute resolution costs. 17.6. the Imys of-thc 5taie UQ61orgido:apply 'tothis Aijeernent. Reference to hvy6,ndfinent Coloraddstfitutes are as follows' 17.62 -If a claim is filect.,OWNER,is required b%, law (CRS 38-26407) to withhold from all t3tayntents to t .CONTRACTOR sufficient funds 4o' insure :he payment of all clairas1pr, labor, matcrials..t6whir sustenance. ,provisions ,,;proven :. or -other supplies used :or z cortsurned by: ;CONTRACTOR - or his �33 EICDCOENERAL'CONDITIONS 191" (1990.Editiai) 34 w,I CITY OF FORT COLLI LSNODUICATIONS(REV 42000) n L-j 0- CJ • • (This p4c left blank intanfibrially.) bCDCUENERAL CONMIiiOM 1916.8 (19" E&IW) wiaTy or FORT C&LIM mmiricAnoNS (REW4POGO) �35. EJCDC GENERAL: CONDITIONS 19105 (1990 E&im) 3G n+ICI'IY OF FORTCOLLINS MODIFICATIONS (R1 V1412000) 0 I* • • 0 .EXHIBIT GC=A, to Gcncral Conditions of t6c Construction Contract Between OWNER and -CONTRACTOR: DISPUTE RFSOLUTION A:CPX- TENT; O)AfNT Z- _ Arid CONTRACTOR hereby;agfee ,thgt- 'Article .16i of the -General' Conditions;of �the.Coiistiuctiori- Corarnav between OIVNFR and CONTRACTOR is amended to me,udz the follower sj eemeWof the parties;' . EICDC GENERAL CONDITIONS 191"(1990E&iiin); 'w! CiTY OF FORT COCIJNS MODIFICATIONS (RF.V.9/99) ,16:4 ) xcept as provided-m paragraph 165+below: no arbi(ration arising,ouh.oC tx relating;to thz .Contract. Documents shall include by, consolidation; jbinder or in any other -.manner :any other ,person ors 66iy.. (including ENGINEER ENGINEER's Consultant an-'d the'ol1i directors, Agents,_ciaployecs,or'eonsulrants of anyaf them) whc is not a piii yto this contract dnlcss: 1641., the inclusi xrof such other person or entity. is negessarytf cpmpkteaeheC is to'be afforded Ara Ong those who`are already partizs to the Arbitiationi,'and 16.42 such.;pther person or eitity. W-substantially Involved in a. question of law or, fact which is common to those'who nre already parties toAhe,arbitration ;and ' which will arise insuch procczdmgs and _ . M.4 3, the written consent of the other licrsgn of entity sought yto be included, and Of OWNFR and CONCRAC 6R has'been ptitained for such inclusion; which consent shall make sperc-Gerzference to this lz agmph but no such consent shall b6ntfitute conseai t6''arhitranon'of�any dispute rat specifically desoribcd in such consent ;Or to arbaration'with any tarty not specifically identified in such consent. 16iG 'The'award rendered by the, arbitrators will'be final; judgment may'.bc entered upon it in,any couit having Iuris fiction theteoC .and 'it; will not be subject to intxliGcauon or,appeal., OC At • SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 . fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and . adaptability of the materials and services to the particular use required, (8) the -E1CIK6ENERAL C0NDITIONS 1910-8 (1990E(itim) , . W CITY OF FORT .COLLINS MODIFICATIONS (RFV.9194) 6C=A1 • 0 0 0 0 SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: a 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-6.4.1 Purchasing Restrictions Delete the complete paragraph SC-6.4.2 Cement Restrictions Delete the complete paragraph SC-6.5 Contractor Responsibilities —Amended in its entirety to read: All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties, if any, provided in the Specifications shall run specifically to the benefit of Owner. If required by Engineer prior to final payment as provided for herein, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of the materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. C� • SC- 6.30.1. - Contractor General Warranty and Guarantee - Delete the complete paragraph 6.30.1.1 Specific Warranties. Contractor further warrants and guarantees that any Work covered by a specific warranty provision contained in the Specifications shall be performed in accordance with the applicable warranty and any such Work shall conform to the warranty requirements during the warranty period stated in the specific warranty. SC-13.12 Correction Period Delete the complete paragraph SC-14.15.1- Waiver of Claims- Amended in its entirety to read: 14.15.1 a waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective Work identified and reported to Contractor during final inspection pursuant to 14.11, from failure to comply with the Contract Documents, or the terms of any specific guarantees or warranties specified therein, or from Contractors' continuing obligations under the Contract Documents; SC-17.6.1 Delete the complete paragraph 0 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment u • n U • SECTION 00950 CHANGE ORDER NO. • PROJECT TITLE: Bryan Ave Bridge Replacement CONTRACTOR: Zak Dirt Inc. PROJECT NUMBER: 7568 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 .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 cc: City Clerk Contractor Engineer • Project File Architect Purchasing DATE: DATE: DATE: \ \ \ Nr § § § L 1 0 e e e 3 o ± § 2dd» ezzu . §5>e§ . =z®E= zoo z zPED0 /)0WwM c)I Lw 0 ~ a- } \ ) k \ \ } CO } / / c � § cC) & ° E ) k ® Q- m 2 a ] M) » - m / :0 \E\) < ± LU { ) $ ƒ < / { } \ ) � § / [.. E ) ©° t7<.— §\ 3 » e £2 �§ 2 = e ( _ \) \\50 \ §� [\ / k) yo/\J \ \} / /\ j /\ § < /) 0z 0 < < °\'0 ƒ / ` 2 ! & _ & - 3 ® - - - f 7 \ } } / \ L / - _ < < < (A\ \ \ £ < \ m < ] ] j \ � } < < < » ) ? §� ) \ § \ 0 D co cc ca Q < Co < g)� } ±�Cr k k k k § ( a) $ a 6 a a ) ] / ] / / / R 2 M ( / r I* 0 0 0 is • Y c .a � U N LL 0 a m N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q Y C O" O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O a I LL ~ 0 UY 64 6q� 6 P���� 6q Ua Oa Va� Q4��� Ul� W� V>� V>�� V)�� a� L o U) m to O co H ; d Y C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y O O O CD. OOOOOOO6 6 O O6 6 6 6 66 6 6 6 O6 6 6 6 6 Q VD, E» � V. VVp v) Vp! vp Up vp 69vJ v! w Vp vv/ v! vJ - UI QJ w Q9 vp Q3 vI vvv! o Q C �O {/y� Y C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 /y y_ G N U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � Y O EA 69 fA V) b'i 633 Uf l V) V) EA Efl EA VY V) U> to Ua 64 Va Ua EA EA b9 69 UY U) fA EA Efi to EA O a'> 'C a) a)Owl o Q �a H75 Ua Y UQ O d C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .` a)Q U3 EA K3 b9 U3 EA U3 EA ER 64 EA 63 V3 EA ER H9 ER 63 EA U} U3 U)-U} ER ER EA EA ER U} Vf Vi >O > Q O U ° 2 Cl Y �0000000000000000000000000000000 00000000000000000000000000000000 . . <OOOOOOOOo0000000000000000000000 Q E»u>e»use»u>e»u} us, f»u3e»uae»u3e»u>e»u3�u)-ujc»u),c»e»f»e11�e»6»e»e» Y W 'C U � d U Y (n C Z ' � a O Q � H O U o _ U z CL Q OU N O m F- 0 m E D z It a) LL L —_ O m M w o (D N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O Q Y C O w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o O L O (D O O O O O O O O 0 �6 �Op BCD '0 cOA �Op �O/� �C; BOA eO� �Op �Op �Op �O/� �Of� �Op �Op �Op �Op �Op VJ UJ vJ 69 U3 U3 U3 V! VJ V! vJ e9 v/ vJ U3 U3 63 VJ V! v! v/ 6J v/ 60 U3 U3 VT V7 V! U3 �Op U �Op Q 0 w W L O U) m (n L t� 0 W ccu a G C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O Z3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 41) E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 06 0 0 0 0 0 0 06 O O f- a) 63 U} 63 64 63 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 e3 U3 U3 U3 613 U3 U3 U3 U3 EA U} U3 U3 U3 U3 Z LLJ>O Q > O a) U~p Q O d O 000000000000000000000000000000 O0 LL a 0000OOOo0OO00000000o00000o0000 00 �`n 0� 000000000000000000000000000000 0 O Q'O U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 63 U3 U3 63 U3 U3 U3 U3 U3 U3 U3 U3 U3U3 U3U3 U3 U3 U3 U3 UO3O � 0 Q a- U U J d Q C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O -O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .00 Q) E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O ` U3 U3 6r3 U3 U3 U3 U} U3 U3 U3 U3 w 6,3 U3 U3 U3 6,3 w U3 U3 U3 U3 U3 U3 ea U3 U3 U3 U3 U3 U3 U3 p_ >O O N .L UF-a CooOOOOooOOOOOOOOOO000000000000 00 0 0000ooC)C)OOOC)C)OCDooC>000000000000 0 0 �000000000000000000000000000000 ER U3 613 64 U3 U3 U3 U3 U3 69 U) U3 U3 613- 64 U3 U3 U3 69 U3 6-1 U3 U3 69 64 69 U3 fA Ui 613 00 U3 U3 Q m C .V a_ N w C w L7 CO z CD Ir Z U w F- 0 � pw O Ow QOU o 0 0 w z L ~ O = a a` ) U � L N n m E Z • • • • v w c O a o 0 »= o000000000000000000000000000000 0 �m•N@ o000000000000000000000000000000 0 W IL,V o0(D0000006 O C) O 6 0 0 0 O d O C) O o d d O 0 o 0 o 0 64 QC Q 64 69 VA 69 69 69 69 64 vi U-) 6F u!) 69 6-> 64 U-> H3 V-> 69 V) 69 EA U3 69 69 69 EA EA V) EA 64 O Q C1 O N O (0 c~a. >�o 0 61) � o Q C + 0 w } = O U o �'a 6ck CTl) OCIL i < C) � wCD W� O H U) c 0 O N ' 0 U U ) E Q O � Z O f- L W E Z Z ability of the bidder to provide future maintenance and service for the use of the • subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. . 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 0 City of //O,.F�,\rt Collins PROJECT MANUAL BID SET FOR REVIEW September 4, 2013 BRYAN AVE. BRIDGE REPLACEMENT CDOT PROJECT NO. BRO M455-092 CDOT SUBACCOUNT NO. 16784 TABLE OF CONTENTS Index of Special Provisions a. Project Special Provisions • b. Standard Special Provisions The following are attached separately 2. BID SET Plans Prepared for: City of Fort Collins Engineering Department 281 North College Avenue Fort Collins, CO 80522-0580 (970)221-6605 Prepared by: ® KDG Engineering LLC 3500 S Wadsworth Blvd, Suite 400 Lakewood, CO 80235 (720)420-9069 0 9 This Page Left Blank Intentionally E 4) CITY OF FORT COLLINS COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS CITY OF FORT COLLINS September 4, 2013 BID SET The Colorado Department of Transportation Standard Specifications for Road and Bridge Construction 2011 controls construction of this project. The following Special Provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS Description Date Written Page Index Pages September 4, 2013 1P-31' Notice to Bidders September 4, 2013 4P Commencement and Completion of Work September 4, 2013 5P Contract Goal (Combined) September 4, 2013 6P OJT Contract Goal September 4, 2013 7P Revision of Section 101 - Definition of Terms September 4, 2013 8P Revision of Section 102 - Project Plans and Other Data September 4, 2013 9P Revision of Section 105 - Claims for Contract Adjustment September 4, 2013 lop Revision of Section 106 - Conformity to the Contract of Hot Mix Asphalt September 4, 2013 lip Revision of Section 107 - Legal Relations and Responsibility to Public September 4, 2013 12P-13P Revision of Section 107 - Insurance September 4, 2013 14P Revision of Section 107 - Protection and Restoration of Property and September 4, 2013 15P Landscape Revision of Section 109 - Measurement and Payment September 4, 2013 16P Revision of Section 202 - Removal of Bridge September 4, 2013 17P-20P Revision of Section 203 - Excavation and Embankment September 4, 2013 21 P Revision of Section 208 - Erosion Control September 4, 2013 22P Revision of Section 211 - Dewatering September 4, 2013 23P-24P Revision of Section 212 - Tree Retention and Protection September 4, 2013 25P-30P Revision of Section 216 - Soil Retention Blanket (Straw/Coconut) September 4, 2013 31 P Revision of Section 304 - Aggregate Base Course September 4, 2013 32P Revision of Section 406 - Temporary Pavement September 4, 2013 33P-34P Revision of Section 412 - Portland Cement Concrete Pavement September 4, 2013 35P-36P Revision of Section 420 - Geotextile Paving Fabric September 4, 2013 37P-38P Revision of Section 509 - Stainless Steel Angle (Special) September 4, 2013 39P-41 P Revision of Section 514 - Pedestrian Railing September 4, 2013 42P-44P Revision of Section 522 - Duplex Coating System September 4, 2013 45P-50P Revision of Section 601 - Moss Rock Veneer September 4, 2013 51 P-58P Revision of Section 601 - Structural Concrete Stain September 4, 2013 59P-62P Revision of Section 603 - Concrete 3-Sided Culvert (Precast) and Concrete 3- September 4, 2013 63P-69P Sided Culvert Top Slab (Precast) Revision of Section 604 - Manholes, Inlets and Meter Vaults September 4, 2013 70P Revision of Section 608 - Color Staining and Sealing (Special) September 4, 2013 72P-73P Revision of Section 613 - Lighting September 4, 2013 74P Revision of Section 630 - Construction Zone Traffic Control September 4, 2013 75P Revision of Section 630 - Portable Message Sign Panel September 4, 2013 76P-77P Revision of Section 712 - Miscellaneous September 4, 2013 78P Revision of Section 715 - Lighting and Electrical Materials September 4, 2013 79P-80P • • 0 0 CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET Force Account Items 81 P Utilities 82P 2P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET STANDARD SPECIAL PROVISIONS Date No. of Pages Revision of Section 105 - Disputes and Claims for Contract Adjustments (January 31, 2013) 31 Revision of Section 105 - Hot Mix Asphalt Pavement Smoothness (April 26, 2012) 7 Revision of Section 105 - Violation of Working Time Limitation (February 3, 201 1) 1 Revision of Section 106 - Certificates of Compliance and Certified Test Reports (February 3, 201 1) 1 Revision of Section 107 - Project Payrolls (May 2, 2013) 1 Revision of Section 107 - Responsibility for Damage Claims, (February 3, 2011) 1 Insurance Types, and Coverage Limits Revision of Sections 107 and 208 - Water Quality Control, Under One Acre of Disturbance (May 2, 2013) 3 Revision of Section 108 - Critical Path Method (August 19, 2011 1 Revision of Section 108 - Liquidated Damages (May 2, 2013) 1 Revision of Section 108 - Subletting of Contract (January 31, 2013) 1 Revision of Section 109 - Compensation for Compensable Delays (May 5, 201 1) 1 Revision of Section 109 - Fuel Cost Adjustment (February 3, 2011) 2 Revision of Section 109 - Measurement of Quantities (February 3, 201 1) 1 Revision of Section 109 - Measurement of Water (January 06, 2012) 1 Revision of Section 109 - Prompt Payment (January 31, 2013) 1 Revision of Sections 203, 206, 304 and 613 - Compaction (July 19, 2012) 2 Revision of Section 206 - Imported Material for Structure Backfill (July 19, 2012) 2 Revision of Section 206 - Structure Backfill (Flow -Fill) (April 26, 2012) 2 Revision of Sections 206 and 601 - Backfilling Structures that Support (July 29, 2011) 1 Lateral Earth Pressures Revision of Section 208 - Erosion Log (January 31, 2013) 1 Revision of Section 212 - Seed (April 26, 2012) 1 Revision of Section 250 - Environmental, Health and Safety Management (July 19, 2012) 1 Revision of Section 401 - Compaction of Hot Mix Asphalt (April 26, 2012) 1 Revision of Section 401 - Compaction Pavement Test Section (CTS) (July 19, 2012) 1 Revision of Section 401 - Temperature Segregation (February 3, 2011) 1 Revision of Section 401 and 412 - Safety Edge (May 2, 2013) 2 Revision of Sections 412, 601, and 711 - Liquid Membrane -Forming (May 5, 2011), 1 Compounds for Curing Concrete Revision of Section 601 - Concrete Batching (February 3, 201 1) 1 Revision of Section 601 - Concrete Finishing (February 3, 2011 1 Revision of Section 601 - Concrete Form and Falsework Removal (July 28, 201 1) 2 Revision of Section 601 - Concrete Slump Acceptance (July 29, 2011) 1 Revision of Section 630 - Construction Zone Traffic Control (February 17, 2012) 1 Revision of Section 630 -Retroreflective Sheeting (With Type VI Sheeting) (February 3, 2011) 1 Revision of Section 630 - Retroreflective Sign Sheeting (February 3, 201 1) 1 Revision of Section 630 - Signs and Barricades (January 31, 2013) 1 Revision of Section 703 - Aggregate for Hot Mix Asphalt (November 1, 2012) 2 Revision of Section 703 - Concrete Aggregate (July 28, 2011) 1 Revision of Section 712 - Water for Mixing or Curing Concrete (February 3, 2011) 1 Affirmative Action Requirements - Equal Employment Opportunity (February 3, 2011) 10 Disadvantaged Business Enterprise - Definitions and Requirements (February 3, 2011) 14 Minimum Wages Colorado, (July 26, 2013) 56 U.S. Department of Labor General Decision Numbers COI 30016 thru C0130024, MOD 1, Highway Construction, Statewide On the Job Training (July 29, 2011) 3 Partnering Program (February 3, 201 1) 1 Required Contract Provisions - Federal -Aid Construction Contracts (July 19, 2012) 14 3P i This Page Left Blank Intentionally E 11 PROJECT SPECIAL PROVISIONS 0' 0 is CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of five (5%) percent of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details. Information regarding the project may be obtained from the following listed representatives. Randy Maizland Fort Collins Engineering 281 North College Avenue Fort Collins, CO 80521 970-218-5658 Stan Kobayashi, P.E. KDG Engineering, LLC 3500 S. Wadsworth Blvd. Lakewood, CO 80235 720-420-9069 The above referenced individuals are the only representatives with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. 4P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract on or before the 20th day following the date of award unless such time for beginning the work is changed by the City in the "Notice to Proceed." The Contractor shall complete all work within 150 calendar days in accordance with the "Notice to Proceed". The roadway closure of Bryan Avenue for installation of the precast split -box bridge shall be completed within 21 calendar days as shown in the Construction Documents. Section 108.03 of the Standard Specifications is hereby revised for this project as follows: The Contractor's progress schedule may be a bar chart type schedule. Salient features to be shown on the Contractor's Progress Schedule are: 1. Construction Traffic Control 2. Clearing and Grubbing 3. Removals 4. Erosion Control 5. Utility Relocations 6. Concrete 3-Sided Box Culvert and Top Slab (Precast) Bridge Design and Plan Submittals 7. Coordination with the Larimer County Canal No. 2 8. Structure Excavation and Backfill • 9. Concrete 3-Sided Box Culvert and Top Slab (Precast) Bridge Installation 10. Joint Wrap 11. Temporary Paving with Cold Asphalt Pavement (Recycle) 12. Cast -in -place Concrete Box Culvert 13. Concrete 14. Sidewalk 15. Hot Mix Asphalt 16. Lighting and Electrical Wiring 17. Urban Design — Stone Installation 18. Cleanup and punch list 19. Seeding (Work to be done under Substantial Completion)(No time charge) i 5P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 • CONSTRUCTION SUBACCOUNT NO. 16784 BID SET • • CONTRACT GOAL (COMBINED) The Department has determined that Underutilized Disadvantaged Business Enterprises (UDBEs) will participate by contracting for a part of the work of this Contract. The contract goal for participation in this Contract by certified DBEs who have been determined to be underutilized has been established as follows: UDBE'` 9 Percent The percentage will be calculated from proposals received for this project according to the following formula: Percentage = 100 X *Dollar amount of work to be contracted to underutilized DBEs (UDBEs) Total dollar amount of the original Contract * Based on DBE contract unit prices rather than prime contract unit prices. All DBEs will be considered to be UDBEs. NOTE: Specific Good Faith Efforts required to meet the Contract Goal specified above are defined in the Standard Special Provisions. In addition, the Transportation Commission has determined an overall 12.69% annual goal for the participation of all DBEs. 6P i5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders.will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. • The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. i 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 CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET ON THE JOB TRAINING CONTRACT GOAL The Department has determined that on-the-job training shall be provided to trainees with the goal of developing full journey workers in the types of trade or classification involved. The contract goal for on-the-job trainees working in an approved training plan in this Contract has been established as follows: Minimum number of total On -the -Job training hours required 0 hours • • • 7P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 • CONSTRUCTION SUBACCOUNT NO. 16784 BID SET REVISION OF SECTION 101 DEFINITION OF TERMS Section 101 of the Standard Specifications is hereby revised for this project as follows: is Subsection 101.10 CDOT Resident Engineer 101.28 Department, 101.29 Engineer, and 101.76 State shall be defined as the City of Fort Collins, acting directly or through its duly authorized representative or agent. 8P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET • REVISION OF SECTION 102 PROJECT PLANS AND OTHER DATA Section 102 of the Standard Specifications is hereby revised for this project as follows Subsection 102.05 shall include the following: Contract Documents and supporting information will be available for review until the date set for opening of bids at the following locations: 1. Online at the City of Fort Collins Buy Speed Webpage, www.fcvov.com/eprocurement 2. City of Fort Collins Purchasing Department, 215 N. Mason Street, 2°d Floor, Fort Collins, Colorado 80524 The following supporting information will be available: • Geotechnical Engineering Report • Drainage Report After the proposals have been opened, the low responsible bidder may obtain from Fort Collins Engineering, at no cost: 10 sets of plans and special provisions; and if available for the project, one set of full-size major structure plan sheets, and one set of computer output data. If the low bidder has not picked up the plans and other available data by 4:00 p.m. on the second Friday after bid opening, they will be sent to the Resident Engineer in charge of the project. Additional sets of plans and other available data may be purchased on a cash sale basis from the City of Fort Collins at current reproduction prices. Subcontractors and suppliers may obtain plans and other data from the successful bidder or they may purchase copies on a cash sale basis from the City of Fort Collins at current reproduction prices. • 9P • CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET REVISION OF SECTIONS 105 CLAIMS FOR CONTRACT ADJUSTMENT Sections 105 of the Standard Specifications are hereby revised for this project as follows: In subsection 105.22, shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution for any claims filed by the contractor. Contract claims will follow the appropriate procedures of Subsection 105.22 except that all claims will be handled by Fort Collins or its duly authorized representative. The following terms shall be defined as follows: Project Engineer shall be Fort Collins Engineering, acting directly or its duly authorized representative. District Engineer shall be Fort Collins Engineering, acting directly or its duly authorized representative. Chief Engineer shall be Fort Collins Engineering, acting directly or its duly authorized representative. lop CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET REVISION OF SECTION 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT Section 106 of the Standard Special Provisions is hereby revised for this project as follows: Subsection 106.05 shall include the following: For this project, Contractor process control testing of hot mix asphalt is mandatory. • 0 iilr CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -1- REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Add subsection 107.061 immediately following subsection 107.06 as follows: 107.061 Performance of Safety Critical Work. The following work elements are considered safety critical work for this project: (1) Removal of bridge Str. No. FCBRYN-0.2-MULB (2) Temporary works: falsework, shoring that exceeds 5 feet in height, cofferdams, and temporary bridges (3) Work requiring the use of cranes or other heavy lifting equipment to set a girder, to make overhead repairs, or includes special provisions for Removal of Bridge or Removal of Portion of Bridge. Also when construction materials are being lifted that may fall onto active traffic lanes. (4) Excavation and embankment adjacent to the roadway, especially if it requires shoring The Contractor shall submit, for record purposes only, an initial detailed construction plan that addresses safe construction of each of the safety critical elements. When the specifications already require an erection plan, a bridge removal plan, or a removal of portion of bridge plan, it shall be included as a part of this plan. The detailed construction plan shall be submitted two weeks prior to the safety critical element conference described below. The construction plan shall be stamped "Approved for Construction" and signed by the Contractor. The construction plan will not be approved by the Engineer. • The Construction Plan shall include the following: (1) Safety Critical Element for which the plan is being prepared and submitted. (2) Contractor or subcontractor responsible for the plan preparation and the work. (3) Schedule, procedures, equipment, and sequence of operations, that comply with the working hour limitations (4) Temporary works required: falsework, bracing, shoring, etc. (5) Additional actions that will be taken to ensure that the work will be performed safely. (6) Names and qualifications of workers who will be in responsible charge of the work: A. Years of experience performing similar work B. Training taken in performing similar work C. Certifications earned in performing similar work (7) Names and qualifications of workers operating cranes or other lifting equipment A. Years of experience performing similar work B. Training taken in performing similar work C. Certifications earned in performing similar work (8) The construction plan shall address how the Contractor will handle contingencies such as: A. Unplanned events (storms, traffic accidents, etc.) B. Structural elements that don't fit or line up C. Work that cannot be completed in time for the roadway to be reopened to traffic D. Replacement of workers who don't perform the work safely E. Equipment failure F. Other potential difficulties inherent in the type of work being performed (9) Name and qualifications of Contractor's person designated to determine and notify the Engineer in (10) writing when it is safe to open a route to traffic after it has been closed for safety critical work. Erection plan or bridge removal plan when submitted as required elsewhere by the specifications. Plan requirements that overlap with above requirements may be submitted only once. 12P CITY OF FORT COLLINS COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 September 4, 2013 -2- REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC BID SET A safety critical element conference shall be held two weeks prior to beginning construction on each safety critical element. The Engineer, the Contractor, the safety critical element subcontractors, and the Contractor's Engineer shall attend the conference. Required pre -erection conferences or bridge removal conferences may be included as a part of this conference. After the safety critical element conference, and prior to beginning work on the safety critical element, the Contractor shall submit a final construction plan to the Engineer for record purposes only. The Contractor's Engineer shall sign and seal temporary works, such as falsework, shoring etc., related to construction plans for the safety critical elements, (1) Removal of Bridge and (2) Temporary Works. The final construction plan shall be stamped "Approved for Construction" and signed by the Contractor. The Contractor shall perform safety critical work only when the Engineer is on the project site. The Contractor's Engineer shall be on site to inspect and provide written approval of safety critical work.for which he provided signed and sealed construction details. Unless otherwise directed or approved, the Contractor's Engineer need not be on site during the actual performance of safety critical work, but shall be present to conduct inspection for written approval of the safety critical work. When ordered by the Engineer, the Contractor shall immediately stop safety critical work that is being performed in an unsafe manner or will result in an unsafe situation for the traveling public. Prior to stopping work, the Contractor shall make the situation safe for work stoppage. The Contractor shall submit an acceptable plan to correct the unsafe process before the Engineer will authorize resumption of the work. When ordered by the Engineer, the Contractor shall remove workers from the project that are performing the safety critical work in a manner that creates an unsafe situation for the public in accordance with subsection 108.06. Should an unplanned event occur or the safety critical operation deviate from the submitted plan, the Contractor shall immediately cease operations on the safety critical element, except for performing any work necessary to ensure worksite safety, and provide proper protection of the work and the traveling public. If the Contractor intends to modify the submitted plan, he shall submit a revised plan to the Engineer prior to resuming operations. All costs associated with the preparation and implementation of each safety critical element construction plan will not be measured and paid for separately, but shall be included in the work. Nothing in the section shall be construed to relieve the Contractor from ultimate liability for unsafe or negligent acts or to be a waiver of the Colorado Governmental Immunity Act on behalf of the Department. • 0 1313 CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 • CONSTRUCTION SUBACCOUNT NO. 16784 BID SET i 0 REVISION OF SECTION 107 INSURANCE Section 107.15 is hereby revised to read: For this project all insurance certificates shall name Fort Collins, the Colorado Department of Transportation, and the Larimer County Canal No. 2 Company as an additionally insured party. 14P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET • -1- REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE Section 107 of the Standard Specifications is hereby revised for this project to include the following: Add the following to section 107.12: See the Revision of Section 212, Tree Retention and Protection, for the protection and trimming of existing trees that interfere with, or are affected by, execution of the Work, whether temporary or permanent construction. a • 15P 0 CITY OF FORT COLLINS COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT September 4, 2013 BID SET i Section 109 of the Standard Specifications is hereby revised for this project as follows: Subsection 109.06 — Partial Payments, paragraph (a), (Standard Amount Retained). Delete the second sentence beginning with "The amount to be retained...", and replace with the following: The amount to be retained will be 5% of the value of the completed work throughout the period of performance. Subsection 109.07 — Payment for Materials on Hand (Stockpiled Material). Delete and replace with the following: Partial monthly payments to the Contractor for completed work will include payment only for materials actually incorporated in the Work unless otherwise approved by the Engineer. 16P increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be . shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 11 CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET 1 REVISION OF SECTION 202 REMOVAL OF BRIDGE Section 202 of the Standard Specifications is hereby revised for this project as follows Subsection 202.01 shall include the following This work consists of removal of the existing bridge at Bryan Avenue over Latimer County Canal No. 2. Bridge removal shall consist of the complete removal of all superstructure and substructure elements unless otherwise shown on the plans. Subsection 202.02 shall include the following: The removal of the existing bridge shall be performed in a safe manner When removal operations are located over a railroad or in proximity to any live water way , additional coordination with the railroad or other agency, (United States Army Corps of Engineers (USACE), US Fish and Wildlife Service, US Forest Service, etc.) shall be required. The Contractor shall submit a Bridge Removal Plan to the Engineer, for record purposes only, at least 20 working days prior to the proposed start of removal operations. This Plan shall detail procedures, sequences, and all features required to perform the removal in a safe and controlled manner. The Bridge Removal Plan shall be stamped "Approved for Construction" and signed by the Contractor. The Bridge Removal Plan will not be approved by the Engineer. The Bridge Removal Plan shall provide complete details of the bridge removal process, including: (1) The removal sequence, including staging of removal operations. Sequence of operation shall include a detailed schedule that complies with the working hour limitations. (2) Equipment descriptions including size, number, type, capacity, and location of equipment during removal operations. (3) Shoring that exceeds 5 feet in height, all falsework and bracing. (4) Details, locations and types of protective coverings to be used. The protective covering shall prevent any materials, equipment or debris from falling onto the property below. When removal operations are located over or in proximity to any live waterway, railroad, or pedestrian/bicycle path, additional width of protective covering sufficient to protect these facilities shall be required. Detailed methods for protection of the existing roadway facilities, including measures to assure that people, property, utilities, and improvements will not be endangered. (5) Detailed methods for protection of live waterways including minimization of turbidity and sedimentation, and protection of existing wetlands. (6) Detailed methods for mitigation of fugitive dust resulting from the demolition. (7) Details for dismantling, removing, loading, and hauling steel elements. 0 (8) Methods of Handling Traffic, including bicycles and pedestrians, in a safe and controlled manner. 17P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 • CONSTRUCTION SUBACCOUNT NO. 16784 BID SET REVISION OF SECTION 202 REMOVAL OF BRIDGE A Pre -Removal Conference shall be held at least seven days prior to the beginning of removal of the bridge. The Engineer, the Contractor, the removal subcontractor, the Contractor's Engineer, and the Traffic Control Supervisor (TCS) shall attend the Pre -Removal Conference. The Bridge Removal Plan shall be finalized at this Conference. The Contractor's Engineer shall sign and seal (1) and (3) listed above in the final Bridge Removal Plan. Calculations shall be adequate to demonstrate the stability of the structure remaining after the end of each stage of removal, before traffic is allowed to resume in its normal configuration. The final Bridge Removal Plan shall be stamped "Approved for Construction" and signed by the Contractor. The Contractor shall submit a final Bridge Removal Plan to the Engineer prior to bridge removal for record purposes only. The Contractor shall not begin the removal process without the Engineer's written authorization. Submittal of the final Bridge Removal Plan to the Engineer, and field inspection performed by the Engineer, will in no way relieve the Contractor and the Contractor's Engineer of full responsibility for the removal plan and procedures. Work within Railroad right-of-way shall be in accordance with Section 107. For bridge removal over railroads, including overhead wires, tunnels and underground facilities, approval of the bridge removal plans will be . contingent upon the drawings being satisfactory to the railroad company involved. 0 Unless otherwise directed, the Contractor's Engineer need not be on site when bridge removal operations.are in progress, but shall be present to conduct daily inspection for written approval of the work. The Contractor's Engineer shall inspect and provide written approval of each phase of the removal prior to allowing vehicles or pedestrians on, below, or adjacent to the structure. The Contractor's Engineer shall certify in writing that the falsework, bracing, and shoring conform to the details of the final Bridge Removal Plan. A copy of the certification shall be submitted to the Engineer. The Contractor's Engineer shall inspect the bridge removal site and report in writing on a daily basis the progress of the operation and the status of the remaining structure. A copy of this daily report shall be available at the site of the work at all times, and a copy of the previous day's inspection report shall submitted to the Engineer daily. The Contractor shall have all necessary workers, materials, and equipment at the site prior to closing any lanes to traffic to accommodate bridge removal operations. While the lanes are closed to public traffic, work shall be pursued promptly and without interruption until the roadway is reopened to traffic. Removal of hazardous material shall be in accordance with Section 250. The Contractor shall take all steps to avoid contaminating state waters, in accordance with subsection 107.25. 18P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET 3 REVISION OF SECTION 202 REMOVAL OF BRIDGE Should an unplanned event occur or the bridge removal operation deviate from the submitted bridge removal plan, the bridge removal operations shall immediately cease after performing any work necessary to ensure worksite safety. The Contractor shall submit to the Engineer, the procedure or operation proposed by the Contractor's Engineer to correct or remedy the occurrence of this unplanned event or to revise the final Bridge Removal Plan. The Contractor shall submit his Engineer's report in writing, within 24 hours of the event, summarizing the details of the event and the procedure for correction. Before removal of the protective covering, the Contractor shall clean the protective covering of all debris and fine material. Bridge removal may be suspended by the Engineer for the following reasons: (1) Final Bridge Removal Plan has not been submitted, or written authorization has not been provided by the Engineer to begin the removal. (2) The Contractor is not proceeding in accordance with the final Bridge Removal Plan, procedures, or sequence. (3) The Contractor's Engineer is not on site to conduct inspection for the written approval of the work. (4) Safety precautions are deemed to be inadequate. O (5) Existing neighboring facilities are damaged as a result of bridge removal. Suspension of bridge removal operations shall in no way relieve the Contractor of his responsibility under the terns of the Contract. Bridge removal operations shall not resume until modifications have been made to correct the conditions that resulted in the suspension, as approved in writing by the Engineer. The Contractor shall notify all emergency response agencies of the proposed removal work and any detours 24 hours in advance of work. This shall include the Colorado State Patrol, local Police Department, local Fire Department, all local ambulance services, and the Sheriffs Department, as appropriate. All required traffic control devices, night time flagging stations, barricades and VMS signs shall be in place, with detours in operation, prior to the beginning of removal operations each day. Night work shall conform to the requirements of the MUTCD, Parts 1, 5, and 6. Prior to reopening the roadway to public traffic, all debris, protective pads, materials, and devices shall be removed and the roadways swept clean. Explosives shall not be used for removal work without the written approval of the Engineer. Removal shall include the superstructure, the substructure, which includes the piers, the abutments and wingwalls, the bridge rail, and any approach slabs and sleeper slabs. Removal of the substructure shall be taken down to at least 1 foot below the natural existing or future ground surface at the lowest point of interface with the abutment, unless otherwise approved by the Engineer. Holes resulting from substructure removal shall be backfilled with Structure Backfill (Class 2) to the adjacent existing grades. 19P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET 4 REVISION OF SECTION 202 REMOVAL OF BRIDGE All other materials removed from the existing structure shall become the property of the Contractor and shall be properly disposed of offsite at the Contractor's expense, unless otherwise stated in the plans. Existing structures, facilities, and surrounding roadways shall not be damaged by the removal operations. Damage that does occur shall be repaired immediately at the Contractor's expense. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Unit Removal of Bridge Each Payment for Removal of Bridge will be full compensation for all labor and materials required to complete the work, including, preparation and implementation of the Bridge Removal Plan, inspection, equipment, debris handling and disposal, salvaging, handling and storage of salvable materials, handling and disposal of all hazardous materials and disposal of non -salvable materials. Lighting required for nighttime operations will not be measured and paid for separately, but shall be included in • the work. El 20P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows In subsection 203.03(a), first paragraph, after the second sentence add the following: All embankment material shall consist of material that is essentially a granular soil with a minimum resistance value of 30 when tested by the Hveem Stabilometer. O O 211? 0 0 CITY OF FORT COLLINS COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 REVISION OF SECTION 208 EROSION CONTROL METHOD OF MEASUREMENT Subsection 208.11 delete paragraph 7 and replace with the following: September 4, 2013 BID SET Payment for Erosion Control Supervisor shall be lump sum including all items necessary to complete the work. BASIS OF PAYMENT Subsection 208.12 shall include the following: Payment will be made under: Pay Item Erosion Control Supervisor Pay Unit Lump Sump 22P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET REVISION OF SECTION 211 DEWATERING Section 211 is hereby added to the Standard Specifications for this project as follows DESCRIPTION 211.01 This work consists of dewatering to facilitate construction activities. It is anticipated that the construction period will occur during the time when the irrigation canal is not being used. However, other sources of water in the project site may be present. CONSTRUCTION REQUIREMENTS 211.02 The Contractor is advised that groundwater and from stormwater such as surface runoff or seepage due to rain, hail, snow, and snow melt are within the project limits and may require dewatering. The Contractor is advised to limit pumping of groundwater and surface runoff or seepage in all project excavations, by careful scheduling, expediting the work and use of conscientious construction methods. The Contractor shall conform to all applicable State and City of Fort Collins requirements. Permitting, removal, sample collection, analytical testing, containerization; transportation, and disposal or treatment of all contaminated groundwater will be in accordance with Section 107.25 Water Quality Control and as described in Section 250 Environmental, Health and Safety Management. The Contractor shall: O (1) Minimize the disturbance of contaminated groundwater by avoidance. (2) Limit intrusion of groundwater into excavations. The Contractor shall obtain the appropriate Colorado Discharge Permit System (CDPS) general permit for management of groundwater from CDPHE Water Quality Control Division, as determined necessary. A completed application must be submitted to CDPHE at least four weeks prior to dewatering operations. The Contractor shall submit a Dewatering Plan to the Engineer at least four (4) weeks prior to the proposed start of dewatering operations. This Plan shall detail the Contractor's method of dewatering for all major excavations including caisson construction. The Dewatering Plan shall be stamped "Approved for Construction" and signed by the Contractor. The Dewatering Plan will not be approved by the Engineer. The Engineer will review the Dewatering Plan and issue a written acceptance letter or request for changes within two (2) weeks of receiving the Plan. If changes are requested the Contractor shall update the Plan and resubmit it to the Engineer within one (1) week after receiving the request for changes. The Engineer's written acceptance of the Dewatering Plan is required before construction. CI 23P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET 2 REVISION OF SECTION 211 DEWATERING The Dewatering Plan shall provide complete details of the Contractor's method for construction dewatering including: (1) Copies of all permits required for dewatering, treatment of and (or) disposing of water. (2) If applicable, copies of agreements for disposing of water in storm sewers, sanitary sewers etc. (3) Method and details for minimizing dewatering in excavations and during caisson construction. (4) Method of measuring groundwater discharge. (5) Equipment descriptions including size, number, type, capacity, and location of equipment during dewatering operations. (6) Methods of testing groundwater to determine appropriate disposal. (7) Detailed methods for disposal of water. (8) If applicable, name of facility where contaminated water is to be delivered to. BASIS OF PAYMENT 211.03 Payment for all work for Dewatering including preparation of the Dewatering Plan and all work for Section 250 will not be measured and paid for separately but shall be included in the work. Permitting, removal, sample collection, analytical testing, containerization, transportation, and disposal or treatment of all contaminated groundwater will not be paid for separately but shall be included in the work. Payment will be made under: Pay Item Pay Unit Dewatering Lump Sum E 24P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -1- REVISION OF SECTION 212 TREE RETENTION AND PROTECTION Section 212 of the Standard Specifications is hereby revised for this project as follows Subsection 212.01 shall include the following: Tree Retention and protection includes general protection and pruning of existing trees and plants that are affected by execution of the Work, whether temporary or permanent construction. The following definitions apply: (a) Caliper: Diameter of a trunk measured by a diameter tape or the average of the smallest and largest diameters at 6 inches above the ground for trees up to, and including, 4-inch size; and 12 inches above the ground for trees larger than 4-inch size. (b) Plant -Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or other vegetation to be protected during construction, and indicated on Drawings. (c) Tree -Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction, and defined by a circle concentric with each tree with a radius 1.5 times the diameter of the drip line unless otherwise indicated. (d) Vegetation: Trees, shrubs, groundcovers, grass, and other plants. Subsection 212.02 shall include the following: (d) Protection -Zone Fencing: Fencing fixed in position and meeting the following requirements. Previously • used materials may be used when approved by Engineer. Protection -Zone fencing will be considered incidental to the "Tree Retention and Protection" line item and will not be paid for separately. 1. Plastic Protection -Zone Fencing: Plastic construction fencing constructed of high -density extruded and stretched polyethylene fabric with 2-inch maximum opening in pattern and weighing a minimum of 0.4 lb/ft.; remaining flexible from minus 60 to plus 200 deg F; inert to most chemicals and acids; minimum tensile yield strength of 2000 psi and ultimate tensile strength of2680 psi; secured with plastic bands or galvanized -steel or stainless -steel wire ties; and supported by tubular or T-shape galvanized -steel posts spaced not more than 8 feet apart. A. Height: 5 feet B. Color: High -visibility orange, nonfading. Add Subsection 212.061 immediately following Subsection 212.06 212.061 Tree Retention and Protection. (a) Submittals. Samples for Verification: For each type of the following: A. Protection -Zone Fencing: Assembled Samples of manufacturer's standard size made from full- size components. • 25P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 • CONSTRUCTION SUBACCOUNT NO. 16784 BID SET 2 REVISION OF SECTION 212 TREE RETENTION AND PROTECTION 2. Existing Conditions: Documentation of existing trees and plantings indicated to remain, which establishes preconstruction conditions that might be misconstrued as damage caused by construction activities. A. Use sufficiently detailed photographs or videotape. B. Include plans and notations to indicate specific wounds and damage conditions of each tree or other plants designated to remain. (b) Quality Assurance. l . Preinstallation Conference: Conduct conference at Project site. A. Review methods and procedures related to temporary tree and plant protection including, but not limited to, the following: (1) Construction schedule. Verify availability of materials, personnel, and equipment needed to make progress and avoid delays. (2) Enforcing requirements for protection zones. (3) Field quality control. • (c) Project Conditions. 1. The following practices are prohibited within protection zones: A. Storage of construction materials, debris, or excavated material. B. Parking vehicles or equipment. C. Foot traffic. D. Erection of sheds or structures. E. Impoundment of water. F. Excavation or other digging unless otherwise indicated. G. Attachment of signs to or wrapping materials around trees or plants unless otherwise indicated. 2. Do not direct vehicle or equipment exhaust toward protection zones. 3. Prohibit heat sources, flames, ignition sources, and smoking within or near protection zones and organic mulch. • (d) Preparation. Locate and clearly identify trees, shrubs, and other vegetation to remain or to be relocated. Tie a 1-inch blue -vinyl tape around each tree trunk at 54 inches above the ground. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing, placing, or storing construction materials. Protect root systems from ponding, eroding, or excessive wetting caused by dewatering operations. 26P i13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. • 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to • reject the Bid of any Bidder if OWNER believes that it would not be in the best CITY OF FORT COLLINS September 4, 2013. COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET • -3- REVISION OF SECTION 212 TREE RETENTION AND PROTECTION Within the drip line of any protected existing tree, there shall be no cut or fill over a four -inch depth unless a qualified arborist or forester has evaluated and approved the disturbance. Prior and during. construction, barriers shall be erected around all protected existing trees with such barriers to be of orange fencing a minimum of (5) feet in height, secured with metal T-Posts, no closer than six (6) feet from the trunk or at the drip line, whichever is greater. There shall be no storage or movement of equipment, material, debris or fill within the fenced tree protection zone. Modification of protective fence locations to accommodate construction shall be approved by the City Forester prior to moving or erecting a protective fence. Where the drip line of trees touch or overlap, place fence around groups of trees. During construction there shall be no cleaning of equipment or materials or the storage and disposal of waste material such as paints, oils, solvents, asphalt, concrete, motor oil or any other material harmful to the life of a tree within the drip line of any protected tree or group of trees. No damaging attachments, wires, signs or permits may be fastened to any protected tree. The installation of utilities, irrigation lines or any underground fixture requiring excavation deeper than six (6) inches shall be accomplished by boring under the root system of protected existing trees at a minimum depth of twenty-four (24) inches. The auger distance is established from the face of the tree (outer bark) and is scaled from the tree diameter at breast height as described in the tree protection chart of the Fort Collins • Land use Code Section 3.2.1. Construction shall be performed in a manner to not damage any existing tree. Clearance pruning of any tree on site shall only be by a Fort Collins Licensed Arborist under the direction of the City Forester. Equipment access/drives shall be positioned to minimize travel over the root system of any existing tree. Equipment drive locations over the root system of any significant tree shall be approved by the City Forester with requirements to protect the compaction of exposed soil. Prior to construction the contractor shall meet the City Forester on site to verify protected existing trees and the application of tree protection specifications. The Contractor shall wrap protected trees with concrete blankets or equivalent treatment whenever directed by the Engineer. (e) Tree and Plant Protection Zones. Protection -Zone Fencing: Install protection -zone fencing along edges of protection zones before materials or equipment are brought on the site and construction operations begin in a manner that will prevent people from easily entering protected zone. Construct fencing so as not to obstruct safe passage or visibility at vehicle intersections where fencing is located adjacent to pedestrian walkways or in close proximity to street intersections, drives, or other vehicular circulation. • 27P • • • CITY OF FORT COLLINS COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 4- REVISION OF SECTION 212 TREE RETENTION AND PROTECTION Maintain protection zones free of weeds and trash. September 4, 2013 BID SET Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Architect. Maintain protection -zone fencing and signage in good condition as acceptable to Architect and remove when construction operations are complete and equipment has been removed from the site. Do not remove protection -zone fencing, even temporarily, to allow deliveries or equipment access through the protection zone. (f) Excavation. General: Excavate at edge of protection zones and for trenches indicated within protection zones according to requirements in Section 200 Earth Work. Trenching near Trees: Where utility trenches are required within protection zones, hand excavate under or around tree roots or tunnel under the roots by drilling, auger boring, or pipe jacking. Do not cut main lateral tree roots or taproots; cut only smaller roots that interfere with installation of utilities. Cut roots as required for root pruning. Redirect roots in backfill areas where possible. If encountering large, main lateral roots, expose roots beyond excavation limits as required to bend and redirect them without breaking. If encountered immediately adjacent to location of new construction and redirection is not practical, cut roots approximately 3 inches back from new construction and as required for root pruning. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap. Water and maintain in a moist condition. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil. (g) Root Prunning. Prune roots that are affected by temporary and permanent construction. Pruning roots 2" in diameter or greater must be reviewed by City Forester prior to pruning. Prune roots as shown on Drawings and as follows: l . Cut roots manually by digging a trench and cutting exposed roots with sharp pruning instruments; do not break, tear, chop, or slant the cuts. Do not use a backhoe or other equipment that rips, tears, or pulls roots. 2. Temporarily support and protect roots from damage until they are permanently redirected and covered with soil. 3. Cover exposed roots with burlap and water regularly. 4. Backfill as soon as possible according to requirements in Section 200 Earth Work. 28P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -5- REVISION OF SECTION 212 TREE RETENTION AND PROTECTION Root Pruning at Edge of Protection Zone: Prune roots 12 inches outside of the protection zone, by cleanly cutting all roots impacted to the depth of the required excavation. (h) Crown Pruning. Prune all existing trees retained on City property by cleaning and thinning the canopy. Prune branches that are affected by temporary and permanent construction. Prune branches as shown on the Drawings and as follows: Pruning Standards: Prune trees according to the City of Fort Collins Tree Management Standards (i) Regrading. Lowering Grade: Where new finish grade is indicated below existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone. Raising Grade: Where new finish grade is indicated above existing grade around trees, slope grade beyond the protection zone. Maintain existing grades within the protection zone. 0) Repair and Replacement. General: Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are damaged by construction operations, in a manner approved by Architect/Owner's Rep. 1. Submit details of proposed root cutting and tree and shrub repairs. 2. Treat damaged trunks, limbs, and roots according to an ISA certified arborist's written instructions. 3. Perform repairs within 24 hours. 4. Replace vegetation that cannot be repaired and restored to full -growth status, as determined by Landscape Architect/Owner's Rep. Protected trees that are damaged during construction will be appraised by a qualified arborist, and the amount of damage appraised will be billed to the Contractor. Trees: Remove and replace trees indicated to remain that are more than 25 percent dead or in an unhealthy condition before the end of the corrections period or are damaged during construction operations that Landscape Architect/Owner's Rep determines are incapable of restoring to normal growth pattern. l . Provide new trees of same size and species as those being replaced for each tree that measures 6 inches or smaller in caliper size. (k) Disposal of Surplus and Waste Materials. Disposal: Remove excess excavated material, displaced trees, trash and debris, and legally dispose of them off Owner's property. CJ 29P E 0 11 CITY OF FORT COLLINS COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 -6- REVISION OF SECTION 212 TREE RETENTION AND PROTECTION Subsection 212.07 shall include the following: September 4, 2013 BID SET Tree retention and protection will not be measured, but will be paid for on a lump sum basis. The lump sum price bid will be full compensation for all work required to complete the item, including installation and maintenance of protection -zone fencing. Subsection 212.08 shall include the following: Payment will be made under: Pay Item Tree Retention and Protection Pay Unit Lump Sum 30P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET REVISION OF SECTION 216 SOIL RETENTION BLANKET (STRAW/COCONUT) Section 216 of the Standard Specifications is hereby revised for this project to include the following: Subsection 216.01 shall include the following: For this project, the tern "biodegradable soil retention blanket" is herein used to define any of the products covered under Section 216 and does not include Turf Reinforcement Mat as defined under Revision of Section 420. Delete Subsection 216.02(a) 4 and replace it with the following: Soil Retention Blanket (straw/coconut) shall be a machine produced mat consisting of 70 percent agricultural straw and 30 percent coconut fiber. The blanket shall be of consistent thickness with the straw and coconut fiber evenly distributed over the entire area of the mat. The blanket shall be covered on the top and bottom with 100 percent biodegradable natural organic fiber netting. The mesh size shall be approximately 1.0 to 0.50 inch. Netting shall be constructed using a Leno weave which allows strands of the net to move independently of each other. The blanket shall be sewn together on 1.50 inch centers with biodegradable thread. Material Requirements: Straw Content: 0.35 pounds per square yard Coconut Fiber Content: 0.15 pounds per square yard Netting: biodegradable organic jute fiber, top and bottom Thread: biodegradable Roll Width: 6.5 to 8.0 feet Roll Length: 108.0 to 112.5 feet Roll Weight: 50.0 to 68.0 pounds A sample of the Soil Retention Blanket (straw/coconut) shall be submitted to the Construction Inspector at least two weeks in advance of planned use on the Project for approval. 0 31P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 • CONSTRUCTION SUBACCOUNT NO. 16784 BID SET REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for this project as follows: Subsection 304.02 shall include the following: Materials for the base course shall be Aggregate Base Course (Class 6) as shown in subsection 703.03 The aggregate base course (Class 6) must meet the gradation requirements and have a resistance value of at least R=78 when tested by the Hveem Stabilometer method. Subsection 304.07 shall include the following: The quantity for aggregate base course will not be measured but will be the quantity designated in the Contract Documents unless field changes are ordered, the Contractor fails to furnish contract quantity or discrepancies are found in the plans. If field changes are ordered or plan quantity is not furnished, the quantity will be calculated using the revised dimension. The Engineer, prior to beginning the work, shall approve the additional or reduced volume of material in writing. No allowances shall be made for shrinkage, swell, or subsidence due to compaction of the existing ground or any other losses. • The Contractor should be aware that the plan quantities were based upon application rate, in -place density, as shown in the General Notes of the plans. The Contractor's bid unit cost shall account for differing application rates or in -place densities for the materials he intends to furnish to the project as no quantity adjustments will be made for differing application rates or densities. The Engineer will verify placed quantities from delivery tickets fiirnished by the supplier. • 32P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET • -I- REVISION OF SECTION 406 TEMPORARY PAVEMENT Section 406 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Subsection 406.01 shall include the following: The work consists of construction of temporary pavement for maintenance of vehicular and pedestrian traffic as required in the Contract Documents and as directed by the Engineer. The work includes all surface preparagion, spreading and compacting asphalt millings to the depth shown on the plans, repairing and maintaining the surface, and removal of the material. IuF.V4ND1k 15.11I y Subsection 406.02 shall include the following: The following materials are acceptable for use: 1. Asphalt millings. Asphalt millings are to be product of milling of existing asphalt concrete pavement. Asphalt millings are to be free of organic materials, gravel, crushed stone or any other material not direct • product of milling process. , Tack Coat. When ordered by the Engineer or specified in the Contract, a tack coast shall be applied. Tack coat shall be in conformance with Section 407. CONSTRUCTION REQUIREMENTS Subsection 406.03 shall include the following Temporary pavement section is to be constructed in the over the roadway driving lanes, shoulders, driveway and other excavated areas where directed by Project Manager to maintain vehicular or pedestrian traffic. Temporary pavement section is to be constructed within 24 hours after having received written notice from the Engineer. Temporary pavement will be constructed of asphalt millings when hot mix asphalt material is not available due to weather restrictions and only as approved by the Engineer. Finished surface of temporary pavement section is to be reasonably smooth, well drained, free of potholes, bumps, irregularities, and depressions. Proper equipment and personnel is to be available at all times in order to maintain temporary pavement section surface in safe and satisfactory condition. Special attention is to be given to maintenance of temporary pavement section during weekends, holidays, and winter season. When construction of the new pavement and driveway is to begin, the temporary pavement section is to be removed and materials properly disposed of. • 33P CJ • • CITY OF FORT COLLINS COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 -2- REVISION OF SECTION 406 TEMPORARY PAVEMENT METHOD OF MEASUREMENT Subsedtion 406.12 shall include the following: September 4, 2013 BID SET Temporary pavement will be measured by the square yard of surface, complete in place and accepted. Subsection 406.13 shall include the following: The accepted quantity of in -place temporary pavement will be paid for at the contract unit price per square year for preparation of the subgrade, furnishing and placing the asphalt millings, tack coat, maintenance, removal and disposal of temporary pavement section, and furnishing all labor, material, and equipment necessary to complete the work. Pay Item Pay Unit Temporary Pavement Square Yard Repair of temporary pavement damaged by the Contractor or by weather and removal of the temporary pavement will not be measured and paid for separately but shall be included in the work. 34P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET • -- REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT Section 412 of the Standard Specifications is hereby revised for this project as follows: Subsection 412.16 shall include the following: The City's Agreement and General Conditions ofthe Construction Contract will be apparent for all Portland Cement Concrete Pavement placed as part of the construction project. The warranty period will begin the date the project has reached final acceptance. All improvements which do not meet the project's contract specifications, be it through substandard materials or workmanship, shall be removed and replaced at the Contractor's expense. The project will be inspected by City representatives on a periodic basis throughout the duration as specified in the Agreement and General Conditions of the Construction Contract. The City will develop a list of improvements which will need to be removed and replaced and deliver this to the Contractor. The City and Contractor will meet to finalize the list of improvements to be addressed along with determining the timing of the work to be completed. The following failures will result in removal of the Portland Cement Concrete Pavement, adjustment of the underlying material (if necessary), and the replacement with material meeting the project's contract specifications: • Pavement slabs containing one or more cracks through the full depth of the slab that separate the slab into two or more parts • Pavement slabs containing honeycombed areas • Pavement slabs containing an extreme void as defined above • Pavement slabs containing more than one void greater in depth than half the pavement thickness • Pavement slabs containing a cumulative surface area of moderate and severe voids greater than one percent of the slab's total area • Pavement slabs containing 20 or more severe voids • Joints that are spalled over 50% their length • Concrete improvements constructed which do not meet specified grades in the plans. If water pools greater than 0.5" after a storm event, concrete improvements will need to be removed to nearest grades that meet the contract's intent and replaced, enabling proper drainage All pavement slabs to be removed shall be removed in a manner that minimizes contamination of the removed pavement with underlying material. The removals shall be performed in accordance with the removal specifications for Portland Cement Concrete Pavement as are defined in the contract. The damaged pavement slab shall be cut in a straight, true line with a vertical face and shall be cut with a concrete saw. If the damage to the slab does not extend past the midpoint of the slab, half the panel can be removed and replaced. If the damage extends past the midpoint of the slab, the pavement shall be removed to the nearest joint. The removed concrete pavement shall become the property of the Contractor and disposed of outside the project site legally. All concrete pavement removed shall be replaced with concrete meeting the specifications for either Class E or P concrete, and shall match the thickness and finish of the existing pavement. For repairs on arterial and collector streets, concrete placed shall meet 3000 psi strength within 48 hours of placement.. A minimum compressive strength of 3000 psi or .80 Fc, whichever is greater, and a minimum flexural compressive strength of 450 psi are required prior to opening the roadway to traffic. Prior to removing and replacing the damaged slab, a concrete mix design shall be submitted and approved. • 35P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 • CONSTRUCTION SUBACCOUNT NO. 16784 BID SET is s -2- REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT The Contractor shall provide all traffic control necessary to reroute traffic during the removal, replacement, and curing for all concrete pavement not meeting the project's contract specifications. All traffic control plans shall be submitted to the City's Traffic Operations Department for approval. The Contractor shall notify the City's project manager at least 48 hours prior to beginning any removals. If any striping or stenciling is necessary after the work has been completed, the City will perform the striping. All costs incurred for the striping will be the responsibility of the Contractor. 36P interest of the Project to make an award to that Bidder, whether because the Bid is • not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other' persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the • award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 17.0 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. 18.0 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. E CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET • -1- REVISION OF SECTION 420 GEOTEXTILE PAVING FABRIC Section 420 of the Standard Specifications is hereby revised for this project as follows: Subsection 420.01 is revised to include the following This work shall consist of placing Geotextile Paving Fabric as manufactured by Phillips Fibers Corporation, Hoechst Fiber Industries, Amoco Fabrics Company, or an approved equal in designated areas in substantial compliance with the plans, specifications and as directed by the City. This work includes placing Geotextile Paving Fabric 10-feet wide centered on the back face of the abutment on both sides of the bridge. The fabric shall be placed after the first layer of hot mix asphalt is constructed, or as directed by the Engineer. Subsection 420.02 is revised to include the following: Geotextile Paving Fabric shall be a non -woven, needle -punched pavement reinforcing fabric which conforms to the following properties: • Grab Strength, either direction, minimum (ASTM D-4632) 90 pounds • Elongation, either direction, minimum (ASTM D-4632) 50 percent • Burst Strength (ASTM D-3786) 185 pounds % square inch • Weight, minimum 3.6 ounces / square yard • Asphalt Retention, minimum (TF25 48) 0.2 gallons / square yard • Melting Point, minimum (ASTM D-276) 300 degrees Fahrenheit The tack coat to be applied to the roadway surface and / or to the Geotextile Paving Fabric shall meet the following requirements: • Asphalt Cement AC-20 • Emulsified and /or Cutback Asphalt shall not be used as tack coat for Geotextile Paving Fabric Subsection 420.03 is revised to include the following: Surface Preparation: The pavement to be repaired shall be cleaned and free of dirt, dust, water and vegetation. Cracks shall be cleaned and filled in accordance with Section 403 of these specifications. If the crack filling materials contain volatiles, adequate curing time must be allowed prior to placement of the fabric. The pavement must be cleared of all sharp or angular protrusions. Application of Tack Coat: The tack coat shall be applied at a rate in accordance with the manufacturer's specifications (approximately 0.25 gallons per square yard). Application must be by a distributor. Temperature of the tack coat must be sufficiently high to permit a uniform spray pattern. The maximum asphalt temperature shall be three hundred degrees Fahrenheit (300 ° F). Subsection 420.04 is revised to include the following: Geotextile Paving Fabric Placement: • The Geotextile Paving Fabric shall be placed into the tack coat with a minimum of wrinkles. 37P • 0 CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -2- REVISION OF SECTION 420 GEOTEXTILE PAVING FABRIC If Geotextile Paving Fabric folds greater than one (1) Inch occur, the Geotextile Paving Fabric shall be slit and allowed to lie flat. Additional tack coat shall be placed as required to insure fabric bonding. If Geotextile Paving Fabric is placed adjacent to patched sections of roadway, the fabric shall overlap said patched section a minimum of twelve (12) Inches. All joints shall overlap adjacent fabric approximately six to twelve (6 to 12) Inches. Transverse joints of the Geotextile Paving Fabric shall be shingled in the direction of the paving to prevent edge pickup by the paver. Additional tack coat shall be uniformly applied to the joints and overlaps to insure bonding. It shall be the Contractor's responsibility to maintain the Geotextile Paving Fabric until the overlay is complete. If the Geotextile Paving Fabric begins to be picked up, the Contractor shall immediately broadcast sand or hot mix asphalt over the area or "skin" the Geotextile Paving Fabric with Hot Mix Asphalt SC Type I or 2. Excess sand or hot mix shall be removed before paving. Sand and*/ or Hot Mix Asphalt SC Type 1 or 2 used for this purpose will not be measured and paid for separately under the terms of this contract. Geotextile Paving Fabric shall be clean, dry and sufficiently bonded to the tack coat prior to commencing the paving operations. Paving operations shall be completed the same day as the Geotextile Paving Fabric placement. Subsection 420.09 is revised to include the following: Geotextile Paving Fabric will be measured by the Square Yard of surface area covered, complete in place, including surface preparation and AC-20 tack coat. Subsection 420.10 is revised to include the following: The accepted quantities of Geotextile Paving Fabric will be paid for at the Contract Unit Price per Square Yard complete in place, including surface preparation and AC-20 tack coat. Payment will be made under: Pay Item Geotextile Paving Fabric Pay Unit Square Yard 38P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -1- REVISION OF SECTION 509 STAINLESS STEEL ANGLE (SPECIAL) Section 509 to the Standard Specifications is hereby revised for this project to include the following Subsection 509.01 shall include the following: This work consists of the construction of stainless steel angle in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. Add Subsection 509.131 immediately following subsection 509.13 as follows: 509.131 Stainless Steel Angle (Special). The stainless steel angle shall conform to the requirements of ASTM A276-13 Type 316. Manufacturer(s): 1. M&R Fabricators, Inc. 3001 Rawhide Drive Laporte, CO 80535-9330 T: 970.222.0109 e-mail: rustywillford@aol.com aol.com 2. DaVinci Sign Systems, Inc. 4496 Bents Drive Windsor, CO 80550 T: 970.203.9292 e-mail: info@davincisign.com 3. YESCO 3770 Joliet St Denver CO 80239 T:720-458-7124 e-mail: jharshaw@yesco.com 4. Or approved substitute. Subsection 509.15 shall include the following: O For the Stainless Steel Angle the Contractor shall submit shop drawings that clearly indicate the following: Profiles, sizes, spacing and locations of members Connections, attachments and anchor details Size and type of fasteners All fittings, mounting brackets, hardware and accessories Finishes, coatings and shop painting Weld lengths and sizes The Contractor shall include erection drawings, elevations and details where applicable. The Contractor shall submit a sample of stainless steel angle. 39P 0 CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -2- REVISION OF SECTION 509 STAINLESS STEEL ANGLE (SPECIAL) Add Subsection 509.311 immediately after subsection 509.31 under Field Construction Requirements: 509.311 Stainless Steel Angle (Special): Shall be delivered in sections ready for installation with minimal field welding required. Store fabricated steel in a dry place to avoid condensation or damage to finish. Deliver stainless steel anchor bolts, sleeves, and stainless steel anchorage devices which are embedded in concrete to the project in time for installation under appropriate trades. Furnish setting drawings, templates and installation instructions as required. Fabricate Stainless Steel Angle in accordance with details and approved shop drawings. Upon completion, work shall be straight, rigid and tight and free of defects. Material shall consist of new stock of types and sizes indicated. Contractor shall verify dimensions on site prior to shop fabrication. Fit and shop assemble sections in largest practical sizes for delivery to site and installation. Supply components required for secure anchorage of fencing as indicated. Make cuts clean and sharp with edges ground smooth. Grind exposed welds smooth and flush with adjacent surfaces. Make exposed joints butt tight, flush and hairline. Close all exposed ends of tubing with welding caps. Welding shall comply with American Welding Society Standards for exposed architectural metal work. Miter and cope intersections and weld all around. Remove splatter, grind exposed welds to blend and contour surfaces to match those adjacent. Inspection: Verify existing conditions to receive Stainless Steel Angle are satisfactory prior to commencing work. Report unsatisfactory conditions to General Contractor. Beginning of installation means acceptance of existing conditions. Supply items to be cast into concrete with setting templates and erection drawings to appropriate sections as required. Erect work square and level, free from distortion or defects detrimental to appearance or performance. Install panels and bollards according to approved shop drawings. Leave protective coatings in place until project is substantially completed. Remove and leave surfaces clean upon completion. Remove stained or otherwise defective work. Replace with new material. Touch up paint as required following installation. Workmanship, fabrication and shop connections shall be in accordance with AWS and AISC specifications. Welding shall be done by welder(s) certified for AWS, D1.6 Structural Welding Code for Stainless Steel requirements. Installation shall be in accordance with the plans and details and with the manufacturer's recommendations as required. Stainless Steel Angle shall be installed in the locations and quantities shown on the Drawings and as detailed. Where applicable, the Engineer shall approve the Stainless Steel Angle locations prior to fastening in place. 40P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -3- REVISION OF SECTION 509 STAINLESS STEEL ANGLE (SPECIAL) Subsection 509.04 shall include the following: Stainless Steel Angle (Special) will be measured by the linear foot (LF), installed complete. Work shall include all stainless steel, stainless steel anchors, stainless steel hardware, and other incidentals for the erection of the stainless steel angle. Subsection 509.33 shall include the following: Pay Item Stainless Steel Angle (Special) Pay Unit LF 0 0 0 41P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 • CONSTRUCTION SUBACCOUNT NO. 16784 BID SET 1 REVISION OF SECTION 514 HAND RAIL, PEDESTRIAN RAILING (STEEL), AND PEDESTRIAN RAILING (TIMBER) (SPECIAL). Section 514 of the Standard Specifications is hereby revised for this project as follows: Add Subsection 514.051 immediately following subsection 515.05 under the Materials Section: 514.051 Hand Rail (Special) and Pedestrian Railing (Steel) (Special) Steel for railing shall be sheet steel or fabricated tubular metal or fabricated metal pipe fencing shall conform to the requirements of ASTM A526 Steel Sheet Zinc -Coated (Galvanized by the Hot Dip Process) and ASTM B 117 Salt Spray Testing as specified. Railing to be powder coated shall conform to the Revision of Section 522. Manufacturer(s): 1. M&R Fabricators, Inc. 3001 Rawhide Drive Laporte, CO 80535-9330 T: 970.222.0109 e-mail: rustywillford@aol.com 2. DaVinci Sign Systems, Inc. 4496 Bents Drive Windsor, CO 80550 T: 970.203.9292 e-mail: info@davincisign.com 3. YESCO 3770 Joliet St Denver CO 80239 T:720-458-7124 e-mail: jharshaw@yesco.com 4. Or approved substitute. Hand Rail (Special): Shall be delivered in pre -assembled sections ready for installation with no field welding required. Store fabricated steel in a dry place to avoid condensation or damage to finish. Pedestrian Railing (Steel) (Special): Shall be delivered in pre -assembled sections ready for installation with no field welding required. Store fabricated steel in a dry place to avoid condensation or damage to finish. Deliver anchor bolts, sleeves and anchorage devices which are embedded in concrete to the project in time for installation under appropriate trades. Furnish setting drawings, templates and installation instructions as required. Hand Rail and Pedestrian Railing (Steel) shall be powder coated. Color(s) shall be as indicated on the Drawings. Fabricate Hand Rail and Pedestrian Railing (Steel) in accordance with details and approved shop drawings. All posts and pickets shall be plumb. Adjust anchor base plates as necessary to accommodate this. Upon completion, work shall be straight, rigid and tight and free of defects. Material shall consist of new stock of types and sizes indicated. Contractor shall verify dimensions on site prior to shop fabrication. Fit and shop 42P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET , -2- REVISION OF SECTION 514 HAND RAIL, PEDESTRIAN RAILING (STEEL), AND PEDESTRIAN RAILING (TIMBER) (SPECIAL) assemble sections in largest practical sizes for delivery to site and installation. Supply components required for secure anchorage of fencing as indicated. Make cuts clean and sharp with edges ground smooth. Grind exposed welds smooth and flush with adjacent surfaces. Make exposed joints butt tight, flush and hairline. Close all exposed ends of tubing with welding caps. Welding shall comply with American Welding Society Standards for exposed architectural metal work. Miter and cope intersections and weld all around. Remove splatter, grind exposed welds to blend and contour surfaces to match those adjacent. Add Subsection 514.052 immediately following subsection 515.051 under the Materials Section: 514.052 Pedestrian Railing (Timber) (Special) Pedestrian Railing (Timber) (Special) shall conform to the requirements of this section and shall be delivered in pre-cut fence components ready for installation. Subsection 514.06 shall include the following: The Contractor shall submit shop drawings that clearly indicate the following: Profiles, sizes, spacing and locations of members Connections, attachments and anchor details Size and type of fasteners All fittings, mounting brackets, hardware and accessories Finishes, coatings and shop painting Weld lengths and sizes The Contractor shall include erection drawings, elevations and details where applicable. The Contractor_ shall submit a sample of the Hand Rail, Pedestrian Railing (Steel), and Pedestrian Railing (Timber) materials and samples of powdercoat color(s). Inspection: Verify existing conditions to receive Hand Rail, Pedestrian Railing (Steel), and Pedestrian Railing (Timber) are satisfactory prior to commencing work. Report unsatisfactory conditions to Contractor. Beginning of installation means acceptance of existing conditions. Supply items to be cast into concrete with setting templates and erection drawings to appropriate sections as required. Erect work square and level, free from distortion or defects detrimental to appearance or performance. Install panels and bollards according to approved shop drawings. Leave protective coatings in place until project is substantially completed. Remove and leave surfaces clean upon completion. Remove stained or otherwise defective work. Replace with new material. Touch up paint as required following installation. 43P 0 • CITY OF FORT COLLINS COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 September 4, 2013 BID SET -3- REVISION OF SECTION 514 HAND RAIL, PEDESTRIAN RAILING (STEEL), AND PEDESTRIAN RAILING (TIMBER) (SPECIAL) The tops of all posts shall be set to the required grade and alignment. Workmanship, fabrication and shop connections shall be in accordance with AWS and AISC specifications. Welding shall be done by welder(s) certified for AWS, DLL structural welding requirements. Installation shall be in accordance with the plans and details and with the manufacturer's recommendations as required. Hand Rail, Pedestrian Railing (Steel), and Pedestrian Railing (Timber) shall be installed in the locations and quantities shown on the Drawings and as detailed. Where applicable, the Engineer shall approve the Hand Rail, Pedestrian Railing (Steel), and Pedestrian Railing (Timber) prior to fastening in place. Subsection 514.07 shall include the following: Hand Rail (Special) will be measured by the linear foot (LF), installed complete. Work shall include all steel, hardware, powder coating, reinforcing steel, frame, posts, rail, mounting and other incidentals to the erection of the hand rail. Pedestrian Railing (Steel) (Special) will be measured by the linear foot (LF), installed complete. Work shall include steel, hardware, powder coating, reinforcing steel, frame, posts, rail, mounting and all other incidentals to the erection of the pedestrian railing. . Pedestrian Railing (Timber) (Special) will be measured by the linear foot (LF), installed complete. Work shall include all cutting, hardware, digging, assembling, and other incidentals to the erection of the pedestrian railings. Subsection 514.08 shall include the following: Payment will be made under: Pay Item Pay Unit Hand Rail (Special) Linear Foot Pedestrian Railing (Steel) Special) Linear Foot Pedestrian Railing (Timber) (Special) Linear Foot 44P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -1- SECTION 522 DUPLEX COATING SYSTEM Section 522 of the standard specifications is hereby added to the Standard Specifications for this project as follows: DESCRIPTION 522.01 This work consists of hot dip galvanizing and duplex coating steel structures as shown in the Contract. MATERIALS AND CONSTRUCTION REQUIREMENTS 522.02 (a) General. The Contractor shall provide, install, and repair if necessary, all steel items that are prepared and coated in conformance with this Section. All repair and replacement of the finished coating necessary for final acceptance shall be at the Contractor's expense. Steel products to be galvanized and coated shall be cleaned of weld spatter and bevel finished at exposed corners, edges and points. Areas having welds, cuts, bores, notches, or grooves shall also be beveled unless otherwise noted in the Contract or directed by the Engineer. Bevel work shall produce a uniform, smooth finish for galvanizing. Bevel size to be used is based on steel thickness and other criteria as follows: Steel Thickness/Type Bevel Size inches Less than %" thick 1/32" to VIC - Over'/z" thick 1/16" to 1/8" Bores, notches& grooves root face of 1/32" to 1/16" Welds shall be cleaned and finished according to AWS standards. All coating measurements shall be taken with a Type 2 fixed probe Dry Film Thickness (DFT) gauge. The gauge shall be calibrated, and measurements shall be taken, according to the Society for Protective Coatings (SSPC) Standard PA-2. (b) Galvanizing. Galvanizing shall be done in accordance with the Contract requirements and AASHTO M 111 (ASTM A 123) for the type of material being galvanized, except that items shall only be'quenched with ambient air. The poles and anus for traffic signals and signs shall be hot dipped galvanized inside and outside. Chromate treatment of any type will not be permitted. Zinc -phosphate pretreatment or acrylic passivation pretreatments shall be as described in (d) below. The Contractor shall submit a certificate of compliance (COC), conforming to subsection 106.12, confirming that all materials meet or exceed the galvanizing requirements described herein. All galvanized surfaces shall be free from drips, slag or surface irregularities.. Spot areas not requiring galvanizing shall be marked and cleanly patched with material that prevents galvanization but does not weaken the adjacent spelter coating. Repair of patched areas shall be achieved by metallizing as described in (c) below. 9 45P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 • CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -2- SECTION 522 DUPLEX COATING SYSTEM Prior to galvanizing, the Contractor's galvanizer shall notify the Engineer in writing that the galvanized order is chromate free and air quenched. Products not certified chromate free by the Contractor's galvanizer shall be tested prior to galvanizing. The Contractor shall provide the Engineer with certification from an independent ASTM accredited laboratory listing all individual items that test chromate free. Testing shall comply with ASTM D-2092 Appendix X2. Test results shall be provided to the Engineer prior to galvanizing. (c) Repair of Galvanized Products. Uncoated areas or damaged coating exceeding applicable specification limits shall be re -galvanized to meet the original specification requirements. Cuts made after galvanizing shall be ground, beveled, and smoothed before repair. Damaged galvanized areas shall be re -galvanized or metallized. Re -galvanizing shall conform to ASTM A-780, Annex A 1. Metalizing shall conform to ASTM A-780, Annex A3, except that minor repair areas shall be cleaned according to SSPC method SP-3. SSPC Method SP-2 may be used to clean difficult access areas. Thickness of the repair coat shall match adjacent galvanizing, as measured by a calibrated DFT gauge. Coating imperfections such as burring, runs or drips, high spots, heavy dross, or ash inclusion shall be removed and cleaned at the Contractor's expense. Areas of re -work falling below zinc thickness limits shall . be repaired at the Contractor's expense. Printed Technical Data Sheets (PTDS) shall be provided to the Engineer for repair materials used. (d) Preparing Galvanized Surfaces for Coating. Products shall be inspected for shipping and handling damage before surface preparation begins. Damage shall be reported to the Contractor's galvanizer and to the Engineer prior to repair. The Engineer will determine whether damaged items are to be repaired or replaced_. Minor repair of galvanizing shall conform to (c) above, and shall be at the Contractor's expense. The Contractor shall prepare each surface to be coated so that it has a slightly roughened profile without removing over 1.0 mil of the galvanized coating. Minimum ASTM zinc thickness specifications shall still apply after preparation. Surfaces of fasteners to be coated shall be lightly brushed or sanded in a manner that will remove the least amount of zinc. Surfaces that become soiled after pretreatment shall be cleaned prior to coating by low pressure, mild detergent wash and rinse. Stained or oiled surfaces may also be mildly scrubbed with a soft bristle nylon brush. Stubborn stains may be mildly scrubbed with a mix of 1 - 2 percent ammonia solution and thoroughly rinsed. Wash and rinse pressure shall not exceed 100 psi at 185' F temperature. Surface preparation work shall be done according to one of the following methods: 1. Zinc -Phosphate Pretreatment. This treatment may be used only on new galvanizing less than 48 hours of age. • Items shall be immersed in a bath of acidic zinc -phosphate solution for 3 - 6 minutes, rinsed with clean water, and dried. The first epoxy coat shall be applied within 48 hours after immersion treatment. 46P • 19.0 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. 20.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 21.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 22.0 ' COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid . assures that such Bid is genuine and is not a collusive or sham Bid. • 23.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 0 CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -3- SECTION 522 DUPLEX COATING SYSTEM If treated items are shipped to a different coating facility they shall be rewashed, rinsed and dried to remove surface soiling. The first epoxy coat must still be applied within 48 hours after immersion treatment. 2. Acrylic Passivation Pretreatment. This treatment may be used only on fresh hot galvanizing or new galvanizing less than 48 hours of age. Only chrome -free solutions shall be used, applied by a method that ensures complete coverage of all surfaces to be coated. The Contractor shall provide the Engineer with treatment dates for each item and the PTDS for the solutions used. The Contractor's galvanizer may apply solution to fresh hot galvanizing that is less than 6 hours of age, still clean, and dry and that has cooled to treatment application temperature guidelines. If newly galvanized items are shipped to another treatment facility they shall be washed, rinsed and dried to remove surface soiling. The solution shall then be applied and cured according to the supplier's instructions. Fully cured and treated items shall be rewashed, rinsed, and dried again just before coating. Items not coated within 100 days of treatment shall be abrasive blasted in conformance with subsection (d) 3. 3. Abrasive Blasting. This treatment may be used on galvanized items of any age if beveling requirements as listed in the third and fourth paragraphs of subsection (a) have been met. The Contractor shall notify the Engineer in writing at least five working days before blasting begins. Zinc thickness shall be measured and recorded immediately after blasting and provided to the Engineer within 48 hours of blasting. Thickness limits and measurement frequency shall comply with the original applicable ASTM specification. Blast operations shall reasonably conform to ASTM Standard Practice D-6386, Subsection 5.4.1 except for small areas falling below required zinc thickness. These areas shall be repaired in accordance with subsection (c). No single area shall exceed 2 inches at its largest width or 12 inches at its longest dimension. The total repair area shall not exceed 1 percent of the coatable surface of the item; if limits are exceeded or zinc thickness is below the specification requirement, the item shall be re -galvanized in conformance with the original specification. The Contractor shall measure and record the size, location and repair method used for all repairs. This information shall be included on the report of thickness measurements. The first epoxy coat shall be applied within 24 hours of abrasive blasting. Items shall be cleaned free of blast debris before coating. Compressed air used to clean items shall be free of oil, residue, oil and other harmful contaminants. Thickness measurement is not required after surface preparation work has been completed. u • (e) Coating and Paint Systems. Prepared items shall be coated with a two or three coat system described in this subsection. Alternative coating systems shall be pre -approved in writing by the Engineer. Manufacturer's PTDS for each coating type shall state test values for ASTM requirements of this subsection. Prior to product . use the coating supplier shall provide the PTDS and certify to the Engineer in writing that all furnished coating materials meet applicable requirements of this subsection. 47P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 • CONSTRUCTION SUBACCOUNT NO. 16784 BID SET 4- SECTION 522 DUPLEX COATING SYSTEM Faying surfaces shall not be painted unless written approval is given by the Engineer. All shop fabrication, including welds and attachments, shall be completed prior to coating unless otherwise specified in the Contract or directed in writing by the Engineer. Inorganic zinc coatings shall not be used. Combined DFT of all coats applied over the galvanizing shall range from 6.5 to 10 mils with a topcoat DFT of 3 mils minimum. Dried color of the base coat and topcoat shall be visually contrasting. Finished color shall not vary more than 4 AE*,b units from the specified color determined in accordance with ASTM D 2244. Volatile Organic Compound (VOC) levels shall not exceed 3.5 pounds per gallon for each applied coat. Dry films shall contain less than I percent lead and other toxic heavy metals. The zinc concentration of each epoxy coat shall not exceed 40 percent. Top coats shall have a semi -gloss value of 50-75. All coatings shall be able to withstand temperatures up to 180' F without sag, blister, or peel damage. Topcoat formulation shall provide weathering, chemical, and ultraviolet (UV) resistance. All coatings shall meet the following ASTM requirements as amended: (1) Corrosion Weathering. ASTM D-5894, minimum 6-cycles of exposure: Corrosion rating of 8 or higher according to ASTM D-1654. Blistering rating of 8 or higher according to ASTM D-714. (2) Impact Resistance. ASTM D-2794, 30 day test: Epoxies — Minimum 40 inch -pounds All Topcoats — Minimum 90 inch -pounds (3) Adhesion Testing. ASTM D-4541, 30 day test, Minimum 500 psi for either: Method B - flat surface or Method E - curved surface. (4) Abrasion Resistance. ASTM D-4060, 30 day test: Maximum 90 mg loss after 1000 cycles with a CS 10 or CS 17 wheel. (5) Flexibility. ASTM D-522, 30 day test - Method B: Epoxies shall pass a 180 degree bend over a'/4 inch mandrel. All Topcoats shall pass a 180 degree bend over a 3/8 inch mandrel. Each coat shall be applied uniformly to provide an appearance free of laps, streaks, sags, drips, pinholes, and other discontinuities; all such defects shall be repaired prior to product shipment. The Contractor's coater shall measure the DFT of each applied coat according to SSPC, Guide PA-2, except that measurements shall be taken with a calibrated Type 2 fixed probe gauge. Thickness records shall be provided to the Engineer prior to project shipment. The following two coating systems do not require pre - approval: 1. Powder Coating. The Contractor's coater shall oven preheat the articles to abate out -gassing potential. The Contractor's coater shall use compatible materials and coating processes to obtain proper coat to coat adhesion. The epoxy powder base coat shall measure 2 to 6 mils DFT and be applied by electrostatic or airstatic spray. The powder formulation shall be a non -hybrid epoxy of anti -gassing grade. 48P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -5- SECTION 522 DUPLEX COATING SYSTEM The powder topcoat shall be electrostatic or airstatic spray applied and measure 3 to 6 mils DFT. The powder formulation shall be a non -acrylic, high -build, aliphatic -based, enhanced polyester or urethane polyester of anti -gassing grade. 2. Liquid Coating. The Contractor's coater shall apply coats by conventional or airless spray according to the supplier's guidelines. Minimal striping at difficult work areas is permissible. The Contractor's Coater shall use proper work methods and compatible materials to obtain proper coat adhesion. Thinning of paints shall be done according to the manufacturer's instructions so that thinned products conform to the solids content and VOC limits of this subsection. The epoxy base coat shall measure 2 to 6 mils DFT. Paint shall be a low -blush epoxy polyamide, or a low -blush cycloaliphatic bisphenol-A polyamine. Minimum solids by weight of all epoxies used shall be 68 percent. The topcoat shall measure 3 to 6 mils DFT. Paint shall be an aliphatic -based urethane polyester or aliphatic -based polyurea urethane. Specially formulated aliphatic -based polyaspartic polyureas may also be used over compatible epoxy bases. (f) Repair of Coated Products. The Contractor shall repair damage from shipment, installation, field welding, or other activity during the construction. Damage shall be reported to the Engineer prior to repair. Repairs shall be as directed by the Engineer Significant repair procedures require written submittal of a proposed repair process from the Contractor. The Engineer shall approve the proposal in writing before repairs begin. Significant repairs are classified as: (1) Any damaged area to the base coat material over 1 square inch (2) Total repair areas exceeding 5 percent of the coating per item (3) Any single topcoat repair area over 64 square inches Minor and touchup repair of topcoats shall be done as follows: A UV rated, aliphatic -based liquid topcoat paint shall be used. The paint shall be compatible with the existing topcoat material and closely match existing color. The paint shall meet the requirements of subsection (e). The paint supplier shall provide the Engineer with PTDS for the products used. Single areas smaller than 8 square inches requiring repair shall be scuffed with 220 grit sandpaper or equivalent scuff material. Larger areas up to 64 square inches may be cleaned according to SSPC, Method SP-2. All border areas at the undamaged topcoat shall be scuffed with 220 grit material. Cleaned, scuffed areas shall be bordered and coated•by airless or conventional spray. Work areas shall be adequately shielded to contain errant spray. Fresh repair areas shall be protected as necessary during the initial cure. Repair thickness shall reasonably match the adjacent coating. The repair coat shall provide an appearance free of sags, runs, streaks, drips, pinholes, or other discontinuities. Spray can paint repair shall not be used. 0 49P 0 CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -6- SECTION 522 DUPLEX COATING SYSTEM (g) Condilions for Final Acceptance of Coating. Within six weeks immediately prior to final project acceptance, the Engineer and a representative of CDOT's Staff Bridge Branch will conduct a final inspection of the coating. The Contractor's Superintendent shall also attend the inspection. Before final project acceptance, the Contractor shall repair the following defects found during the inspection: a. Peeling on any portion of the coatings. b. Blistering on any portion of the coatings. c. Color fading below a 35 gloss rating, in accordance with ASTM D523. d. Mottling defects that exceed 3 percent of the topcoat surface. e. Visible cracking of the topcoat material. f. Visible rusting discoloration on the coating. g. Sag or other evidence of coating adhesion loss. METHOD OF MEASUREMENT AND BASIS OF PAYMENT Duplex Coating System will not be measured and paid for separately, but shall be included in the work. 50P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -1- REVISION OF SECTION 601 MOSS ROCK VENEER Section 601 of the Standard Specifications is hereby revised to include the following DESCRIPTION This work consists of the construction clean new Moss Rock Veneer and Moss Rock Cap masonry including mortar, grout, ties, anchors, accessories, and removal of surplus material and waste in accordance with these specifications, and in conformity the plans. MATERIALS Moss Rock Veneer and Moss Rock Cap masonry shall meet the following requirements (a) Reference Standards: A. ASTM E514: Standard Test Method for Water Penetration and Leakage Through Masonry. Conform to the current requirements of applicable portions of standards, codes and specifications, except where more stringent requirements are shown or specified. B. Stone masonry work shall be in accordance with the recommendations and standards of the American Standards Association. C. ASTM: American Society of Testing and Materials. D. ASTM C144: Standard Specification for Aggregate for Masonry Mortar. E. ASTM C150: Standard Specification for Portland Cement. F. ASTM C270: Standard Specification for Mortar Mix. • G. ASTM C476: Standard Specification for Mortar and Grout for Reinforced Masonry. H. ASTM E514: Standard Specification for Moisture Resistance in Masonry Assemblies. I. PCA, current edition. (b) Moss Rock Units: Moss Rock to match existing adjacent moss rock sign project, see drawings. Moss Rock veneer shall be 4" thick from face of concrete wall to face of veneer (4" dimension includes mortar between wall and veneer). A. Finish: Faced rough on exposed surfaces. Stone with broken or fractured surfaces shall be rej ected. B. Color(s): To match existing adjacent moss rock sign project. C. Depth Range: To match existing adjacent moss rock sign project. D. Standard Height Range: To match existing adjacent moss rock sign project. E. Length Range: To match existing adjacent moss rock sign project. F. Corners: Include corner stones (c) Approved Suppliers: A. Crystal Landscape Supplies CO. B. The Rock Garden, CO. C. Pioneer Sand Company, CO D. TimberRock Landscape, CO E. Other suppliers meeting the requirements of this section are acceptable as approved by the Engineer prior to bidding. (d) Mortar and Grout Materials A. Portland Cement: ASTM C150, Type 1, natural. 51P • CITY OF FORT COLLINS COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 -2- REVISION OF SECTION 601 MOSS ROCK VENEER B. Hydrated Lime: ASTM C207, Type S for new construction. C. Aggregate Sand: ASTM C144. D. Coarse Aggregate for Grout: ASTM C404, less than 3/8". E. Water: ASTM C270, clean and suitable for domestic consumption. F. Mortar Coloring To match existing adjacent moss rock sign project. September 4, 2013 G. Admixtures: Pozzolan with approval; calcium chloride not permitted. BID SET H. Integral Water Repellent: Integral polymeric -based water repellent admixture, conforming to ASTM E514 and achieving an E (Excellent) rating, RainBlok for Mortar by ACM Chemistries, Inc., Norcross, GA, (877) 226-1766, or approved equal. Integral water repellent shall be used in all exterior stone masonry construction. (e) Mortar and Grout Mixes A. Mortar Mixes for Stone Masonry Veneer: ASTM C270, Type N mortar with hydrated lime for all new veneer masonry construction. Minimum compressive strength of 750 psi at 28 days, or as indicated on the Structural Drawings: 1. 1 part Portland cement, Type 1. 2. 1/4 to 1/2 part hydrated lime. 3. 2-1/4 to 3-1/2 parts damp, loose sand. 4. Integral water repellent. 5. Mortar coloring. B. Masonry Grout Mix: Minimum compressive strength of 3,000 psi at 28 days: l . 1 part Portland cement, Type 1. 2. 2-1/4 to 3 parts damp, loose sand. 3. 1 to 2 parts coarse aggregate. 4. Pozzolan as per manufacturer's recommendations. 5. Air entrainment shall be not more than 5% by volume. C. Mixtures may change as per manufacturer's recommendations to meet requirements. D. Non -Shrink Structural Grout: Refer to Section 05120. 69 Stone Masonry Accessories A. Stone Masonry Veneer Ties: per plans and details. B. Anchors: Furnish and set all anchors, ties, and dowels: stainless steel. (g) Sealer A. Clear Masonry Sealer: None. 52P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -3- REVISION OF SECTION 601 MOSS ROCK VENEER CONSTRUCTION REQUIREMENTS Submittals Supplier and Installer: Submit name of installer and quarry/supplier from which stone will be received for approval by the Owner. Contractor Qualifications: Installer shall have five (5) years successful experience installing stone on projects of similar scale and complexity. Shop Drawings: Submit shop drawings indicating dimensions of stone units, types of cuts, face texture and installation details. Samples for Moss Rock: Submit sample board of specified blend of stone material for approval before delivery to the site — see drawings. Final approval shall be by the Owner. Product Data: Submit manufacturer's product data and specifications for each type of mortar specified, including certification that each type complies with the specifications. Samples: Submit samples of manufacturer's full range of mortar colors for selection by the Architect Mortar Analysis: Submit three (3) copies of the existing mortar analysis. Inspection and testing shall be , performed by an independent testing laboratory, approved by the Architect, conforming to ASTM E149, E514 and C270. Testing fees shall be paid as specified in the General and Supplementary Conditions. Test samples shall be taken at random to provide sampling over the course of work. Materials not conforming to these specifications shall be removed from the job and replaced. Sample Panel: Erect minimum T-0" x T-0" sample panel consisting of approved Moss Rock masonry that satisfactorily shows proposed color range, texture, bond, mortar and workmanship, including special coursing. A. Sample panel shall show an external corner condition Contractor shall not continue work until Engineer has accepted sample panel. B. Sample panel shall remain on site until work of this Section is complete and will be used as standard of comparison for balance of work. C. Sample panel may be constructed as a part of the permanent building construction if approved by the Owner. Delivery, Storage and Handling Deliver stone material to the site on platforms or pallets. Keep stone completely covered and free from frost, ice and snow. Handle stone carefully to avoid chipping, breakage, contact with soil or contaminating materials. Store mortar materials in dry place. Damaged materials shall not be used. Environmental Conditions Maintain materials and surrounding air temperature to minimum 50' F prior to, during and 48 hours after completion of stone work. 53P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET REVISION OF SECTION 601 MOSS ROCK VENEER During freezing or near -freezing weather, provide adequate equipment or cover to maintain a minimum temperature of 500 F and to protect stone work completed or in progress. Maintain temperature of mortar and grout between 70' F and 100' F. Contractor shall use only one (1) type mortar to ensure uniform color. Masonry cement is not permitted. Protect partially completed stone masonry against weather when work is not in progress by covering top of walls with strong, waterproof, non -staining membrane. Extend membrane at least 2' down both sides of walls and anchor securely in place. Cold Weather Installation: A. Do not use frozen materials or materials mixed or coated with ice or frost. B. Do not use anti -freeze compounds, calcium chloride or substances containing calcium chloride in mortar or grout. C. Do not build on frozen work. Remove and replace work damaged by frost or freezing. • D. Do not heat water above 106' F. E. When mortar or grout materials have been combined, temperature of the mixture shall not be less than 70' F or more than 1000 F. F. Materials shall be preconditioned and protected as follows: 1. When air temperature is below 40' F and above 32' F, heat mixing water. Protect masonry from rain or snow for 24 hours by means of waterproof covers. 2. When air temperature is below 32' F and above 20' F, heat both sand and mixing water. Maintain a temperature of at least 40' F on both sides of walls by means of suitable covers or enclosures for 24 hours. 3. When air temperature is 20' F and below, heat sand, mixing water and block and provide heated enclosures. A temperature of at least 400 F shall be maintained within enclosures for 48 hours. 4. Periods required for protection and maintenance of specified temperatures may be reduced to 1/2 of those specified herein before if Type III Portland cement is used with the Engineer's approval. G. Hot Weather Installation: 1. During very hot weather and drying wind, the Engineer may order very light fog spray of mortar bedding areas several times during the first 24 hours to prevent premature drying of mortar. 54P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -5- REVISION OF SECTION 601 MOSS ROCK VENEER Masonry Installation (a) General: A. Stone Masonry Installer shall check lines and levels and verify existing conditions prior to commencing work of this Section. Notify the Contractor in writing of conditions or discrepancies which may affect the successful installation of the stone masonry work. Do not begin work until conditions are corrected in a manner acceptable to the Installer. B. Ensure items built-in by other trades for this work are properly located and sized. C. Establish lines, levels and coursing. Protect from disturbance. Place stone masonry in accordance with lines and levels indicated on the Drawings. D. Ensure that wall ties are been properly located and installed. E. Clean and dry stone units prior to installation. F. Installation of Veneer Ties. Install stainless steel corrugated dovetail anchor masonry veneer ties in dovetail stainless steel wall anchor slots in concrete columns and walls at regular intervals not • to exceed 16" o.c. both ways over the face of the concrete. G. Installation of Masonry Anchors. Install stainless steel cast -in dovetail masonry anchors and slots in accordance with manufacturer's written instructions and recommendations. H. Properly install and embed anchors into mortar for random or coursed ashlar installation's not to exceed 16" o.c. 1. Provide product data sheet for ties, anchors, and slots, depicting proposed gauge of masonry anchors and proposed gauge of slots for Owner's Representative to review and approve prior to ordering. (b) Mortar Batch Control A. Measure and batch materials either by volume or weight such that the required proportions for mortar can be accurately controlled and maintained. B. Mix mortar ingredients for a minimum of five (5) minutes in a mechanical batch mixer. Hand mixing in a wheelbarrow or other uncontrolled method is not acceptable. C. Do not use mortar which has begun to set or if more than 2-1/2 hours has elapsed since initial mixing. Retemper mortar during 2-1/2 hour period as required to restore workability. 1. Ensure addition of integral water repellent for exterior masonry construction, proportioned as recommended by the manufacturer. D. Colored Mortar: if colored mortar is specified, mortar color shall be pre -blended, not field mixed. E. Use mortar within two (2) hours of mixing at temperatures over 80 degrees F, and 2-1/2 hours at temperatures under 50 degrees F. 55P 0 CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -6- REVISION OF SECTION 601 MOSS ROCK VENEER (c) Joints A. General: Lay coursed modular units with 3/8" joints, unless otherwise indicated, except for minor variations required to maintain bond alignment. See drawings as joint thickness/depth varies per plans. B. Rake out mortar in preparation for application of caulking or sealants where shown. E. Remove excess mortar and smears upon completion of work. F. Point out or replace defective mortar to match adjacent work. G. Clean soiled surfaces using a non -acidic solution which will not harm adjacent surfaces. Consult masonry manufacturer for acceptable cleaners. (d) Installation of Stone Masonry A. Lay, level and align corner units first. Lay stone masonry in rough coursed ashlar bond. B. If masonry pattern requires, ensure that courses are of uniform height. Make vertical and horizontal joints equal and of uniform thickness to match existing. C. Tolerances: See drawings. D. Joint Width: See drawings. E. Do not shift or tap stone units after mortar has taken initial set. Where adjustment must be made, remove mortar and replace. (e) Mortar Bedding and Joints A. Head joints shall be well buttered for thickness equal to 1/2 face dimension of unit or panel and shall be shoved tightly so that mortar bonds well to both units. B.. Joint Width: As specified above. ()9 Tooling A. Exposed Joints: Tool joints as scheduled — see drawings. Rake out mortar in preparation for application of caulking or sealants as required. B. Exterior Face of Exterior Walls: See drawings. C. Concealed Joints: Cut joints flush, unless otherwise shown. D. Exposed Bench Seat Slab Joints: Tool joints, except exposed horizontal joints shall be cut flush. E. Joints which are not tight at the time of tooling shall be raked out, pointed and then tooled. 56P City of Fort Collins Purchasing ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7568: Bryan Avenue Bridge Replacement OPENING DATE: 3:00 PM (Our Clock) November 12, 2013 Financial Services Purchasing Division 215 N. Mason St. 2ntl Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 tcgo v. com/purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 — Revised Bid Schedule Exhibit 2 — Clarifications & Revisions Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Addendum 1 — 7568 Bryan Ave Bridge Replacement Page 1 of 6 LA • 011iJ SECTION 00300 BID FORM • • 0 CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -7 REVISION OF SECTION 601 MOSS ROCK VENEER (g) Cutting and Fitting A. Cut and fill for fasteners, mounting plates, pipes, conduit sleeves and other items as required. Cooperate fully with other Sections to ensure correct size, shape and location. B. Obtain Architect's approval prior to cutting or fitting any area which is not indicated on the Drawings or which may impair appearance or strength of masonry work. (h) Cleaning and Protection A. General: New stone masonry shall be thoroughly cleaned upon completion of the work. Remove and replace broken or fractured stone units. Remove excess mortar and smears upon completion of work. Point or replace defective mortar to match adjacent work. C. Clean soiled surfaces exposed to view using a non -acidic solution which will not harm stone or adjacent materials. Consult manufacturer for acceptable cleaners. Use non-metallic tools in cleaning operations. Leave surfaces prepared for further sealers or coatings, if specified. (i) Field Quality Control 0 A. General: Installation of stone masonry units, mortar and grout, and workmanship of joints shall be in accordance with the standards approved in the sample panel. B. Stone masonry units shall be sound and free of cracks or other defects that may interfere with the proper placing of the unit or impair the strength or performance of the construction. C. Face or faces that are exposed shall be free of chips, cracks or other imperfections to the satisfaction of the Architect and Owner, except that chips not larger than 1/4" will be considered acceptable on a very limited basis. D. Contractor shall promptly remove rejected stone units or portions of the work and replace to match the quality of the approved sample panel. METHOD OF MEASUREMENT Moss Rock Veneer will be measured by the face square foot of veneer constructed and accepted. Wall anchors and ties will be considered incidental and included in the cost of the stone masonry veneer. Wall anchors, wall ties, and mortar will not be measured and paid for separately but shall be included in the work. BASIS OF PAYMENT The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. 57P • • • CITY OF FORT COLLINS COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 Payment will be made under: Pay Item Moss Rock Veneer Moss Rock Cap -8- REVISION OF SECTION 601 MOSS ROCK VENEER Pay Unit Face Square Foot Linear Foot September 4, 2013 BID SET 58P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET • -1- REVISION OF SECTION 601 STRUCTURAL CONCRETE STAIN Sections 601 and 708 of the Standard Specifications are hereby revised for this project as follows Subsection 601.01 shall include the following: This work consists of: (1) Class 2 surface finish of concrete to receive Concrete Stain; (2) providing and applying an opaque structural concrete stain to all concrete surfaces previously designated in the Contract to receive a structure concrete stain; (3) sealing of the concrete; and (4) provide up to 5-gallons of pre -mixed touch-up paint in aerosol spray cans. The color of the structural concrete stain shall be as noted on the plans, and shall be approved from test panels provided by the Contractor. The structural concrete stain shall be one of the following products or approved equals: 1. RAINSTOPPER RS400 — Semi Transparent Stain . Textured Coatings of America Pro -Coat Systems, Inc. 5775 Stapleton Drive North Denver, Colorado 80216 303-322-9009 2. "Acrylic" Structural Concrete Stain Anchor Paint Co. of Denver, Inc. 641 South Jason Denver, Colorado 80223-2305 303-744-2361 3. Bridge and Highway Concrete Sealer, B97-Series The Sherwin-Williams Company 543A Santa Fe Drive Denver, Colorado 80204 303-893-1303 Subsection 601.03 shall include the following: Structural Concrete Stain 708.08. Subsection 601.09(f) shall include the following: All concrete forms shall be treated with a water based concrete form release agent prior to placing reinforcement for surfaces to which structural concrete stain is to be applied. • 59P CITY OF FORT COLLINS I September 4, 2013 COLORADO PROJECT NO. BRO M455-092 • CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -2- REVISION OF SECTION 601 STRUCTURAL CONCRETE STAIN In Subsection 601.14 (a) delete the third paragraph and replace with the following: Structural concrete stain shall be the final finish for all concrete surfaces designated on the plans and in these specifications. Delete Subsection 601.14(b)4 and replace with the following: Unless otherwise shown in the Contract, the structural concrete stain shall be applied to all exposed concrete elements of the structure above the ground line, and shall extend ]-foot below the finished ground line. Bridge bearing devices, curb and barrier cover plates, fence, and steel bridge rail shall be masked or otherwise protected to prevent structural concrete stain from coming into contact with them. The color of the Structural Concrete Stain shall have the written approval of CDOT prior to final batching and application on the project. The final color of the Approved, structural concrete stain, shall be determined as follows: 1. 2 foot by 2 foot samples of the colors required by the Contract, shall be submitted to CDOT for Approval. . The Stain samples shall be applied to a surface similar in texture to the concrete surface on which the stain will be applied on the project. The Stain samples shall be applied by the same methods to be used in field application. • 2. At least three weeks prior to beginning of the application of the structural concrete stain, 100 sf test panels shall be prepared for final color Approval by CDOT. The test panels shall be produced on the actual concrete surface on which the final product will be placed, at a location designated by CDOT. The stain shall be applied to the test panels by the same methods to be used in the final field application. CDOT will be allowed one week for Approval after stain application to the test panels. Concrete finishing and curing shall be completed in accordance with the specification prior to the application of the Stain. The concrete finish to which the structural concrete stain is to be applied shall be a Class 2 Finish, except as modified below: Following curing of the concrete in accordance with Subsection 601.13, all projections and bulges shall be removed and the surface sandblasted. Sandblasting shall profile the concrete surface, remove all form release agents, and all other deleterious materials that would inhibit the bond of the Structural Concrete Stain. The profile of the sandblasted concrete surface shall be equivalent to Concrete Surface Profile Three (CSP 3) as defined in Technical Guideline No. 03732, " Selecting and Specifying Concrete Surface Preparation for Sealers, Coatings, and Polymer Overlays" by the International Concrete Repair Institute' The Contractor shall provide a CSP 3 chip for use on the project. 60P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -3- REVISION OF SECTION 601 STRUCTURAL CONCRETE STAIN 2. A mortar mix, proportioned by volume, consisting of one part Portland cement, two to three parts sand (conforming to the requirements of ASTM C 144), and an approved bonding agent shall be used to patch all holes produced by form ties, honeycombing, voids 1/2 inch or larger in any dimension, broken corners and edges, and other defects. The mortar mix shall include an approved bonding agent. The quantity and application procedure of the bonding agent shall be in accordance with the recommendations of the manufacturer of the bonding agent. Areas to be patched shall be moistened with water before the mortar is applied, and the patched area shall be float finished and left flush with the concrete surface without checking or cracking of patches. Patching shall be done when the ambient temperature is at least 40°F. Holes deeper than 3/4 inch shall be filled in layers that does not exceed 1/2 inch in thickness. 1. Within 24 hours prior to applying structural concrete stain, the concrete surface to be coated shall be cleaned by water blasting at a minimum pressure of 3,000 psi and at a rate of 4 to 14 gallons/minute, to remove dust, dirt, and other materials that would inhibit bonding ofthe coating. Ifthe surface is contaminated before application of the coating, it shall be re -cleaned as required prior to application of the coating. New concrete shall be at least 28 Days old or as approved in writing by the coating manufacturer before the stain is applied. Two coats of stain shall be applied. Each coat shall be applied at a rate of 200 to 250 square feet per gallon. (Approximately 3 mils dry film thickness.) The second coat shall not be applied until at least 12 hours after the application of the first coat. If the surface is contaminated between coats it shall be re -cleaned as stated above prior to application of the next coat. The stain shall be mixed mechanically and applied by spraying. Workmanship shall be such that the final stained surface is colored uniformly and presents a pleasing appearance. Any areas determined by CDOT to be insufficiently stained shall be re -stained. ' The stain shall be applied only when the ambient temperature is between 40°F and 90°F, and is anticipated to remain above 407 for a minimum of twenty-four hours. The surface to be stained shall be dry and free of frost. Subsection 708.08 shall include the following: 708.08 Structural Concrete Stain: The Stain shall be a one -component, non -vapor barrier, solvent based acrylic resin. No sand or other texturing agents will be permitted. PHYSICAL PROPERTIES Solid by Weight: 51%, plus or minus 2% Solids by Volume: 34%, plus or minus 2% A material safety data sheet (MSDS) prepared in accordance with Federal Standard 313 and a complete set of manufacturers mixing and application instructions shall be submitted to CDOT before the Contractor begins applying the Stain. • u • 61P CITY OF FORT COLLINS COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 -4- REVISION OF SECTION 601 STRUCTURAL CONCRETE STAIN Subsection 601.20 shall include the following: Pay Item Pay Unit Structural Concrete Stain Square Yard 171 September 4, 2013 BID SET 62P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -1- REVISION OF SECTION 603 CONCRETE 3-SIDED CULVERT (PRECAST) AND CONCRETE 3-SIDED CULVERT TOP SLAB (PRECAST) Section 603 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION This work consists of designing, fabrication, and erection of precast concrete units, hereinafter referred to as Concrete 3-Sided Culvert (Precast) and Concrete 3-Sided Culvert Top Slab (Precast), in accordance with these specifications and in conformity with the plan details. References to Precast Base Unit shall mean "Concrete 3- Sided Culvert (Precast) ". References to Precast Top Slab or Top Slab (Precast), shall mean "Concrete 3-Sided Culvert Top Slab (Precast)". References to Precast Bridge Unit shall mean both items. MATERIALS Concrete. Concrete shall meet the minimum requirements for Concrete Class D, Class S35, or Class S40 in accordance with Section 601 and for Class PS in accordance with Section 618. Reinforcing Steel. Reinforcing steel shall be deformed bars or smooth welded wire fabric in accordance with Subsection 602, Reinforcing Steel. Deformed Welded Wire fabric maybe supplied, at the contractor's option, at no additional cost to the department. Galvanized Welded Wire Fabric shall conform to AASHTO M111. Structural Steel. Structural steel items shall conform to Section 509. Bolts shall be 7/8"F unless shown otherwise in the plans. Bolts shall conform to Subsection 509.07. High strength bolts shall conform to Subsection 509.08. Prestressing Steel. Prestressing Steel shall conform to Subsection 714.01. CONSTRUCTION Design. Precast elements shall be designed in accordance with the following: (1) American Association of State Highway and Transportation Officials (AASHTO) LRFD Bridge Design Specifications. (1) CDOT Bridge Design Manual. (2) American Welding Society (A.W.S.) Structural Welding Code — Structural Steel AWS D1.1 Structural Welding Code — Reinforcing Steel AWS DIA *A minimum of 5 years of similar welding experience is acceptable Concrete 3-sided culvert (precast) shall consist of an open top structure with vertical legs and flat bottom. The top slab for the Concrete 3-sided culvert shall be precast and referred to as Concrete 3-Sided Culvert Top Slab (Precast). Field welding of precast units shall not be permitted. If the Precaster elects to prestress any portion of the precast unit, work shall conform to Section 618 Prestressed Concrete. Prestressing shall be included in the work. 0 63P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 • CONSTRUCTION SUBACCOUNT NO. 16784 BID SET REVISION OF SECTION 603 CONCRETE 3-SIDED CULVERT (PRECAST) AND CONCRETE 3-SIDED CULVERT TOP SLAB (PRECAST) Precast elements that are designed as soil -structure systems shall provide at least two (2) independently verified full scale load tests. This requirement will not apply to precast elements designed as rigid frames. Rating. A Load rating meeting the applicable requirements of the CDOT Rating Manual will be required for the structure. All electronic files and hand calculations needed for each structure rating shall be submitted with the rating package. Shop Drawings. The Contractor shall submit seven sets of shop drawings and design computations to the engineer for each separate structure. Submittals shall conform to Subsection 105.02. Shop drawings and design calculations shall be signed and sealed by a professional engineer licensed in the state of Colorado. Shop drawings and design calculations shall be submitted to the Engineer within 10 calendar days after notice of low bidder. Shop drawings shall include all details, dimensions, and quantities necessary to construction the culvert, head walls wing walls, and foundations, and shall include, but not be limited to, the following information: a. Structure span and rise. b. All details showing all concrete dimensions, elevations, and reinforcing steel with bar size, length, and spacing's indicated. Concrete 3-Sided Culvert and Top Slab plan and section views shall be provided. The actual soil bearing pressure shall be noted on the details sheets. c. Culvert section details. d. Head wall, concrete railing, and cast -in -place concrete box culvert and wingwall and riparian wall extension anchorage design and details, and computations. Head wall, concrete railing, and cast - in -place concrete box culvert and wingwall and riparian wall extensions plan, elevation, and section views shall be provided. e. Prestressing submittals in accordance with Section 618, when required. f. Backfill limits and requirements. g. Waterproofing requirements. h. Handling and placement requirements. i. Hydraulic or clearance box equivalency computations, when required. • Placement of Reinforcement. Placement of reinforcement in precast bridge units shall be in accordance with ASTM C 1504. Laps and Spacing for steel reinforcement in precast bridge units shall be in accordance with ASTM C 1504, with the exception that no welding shall be permitted. Curing. Curing shall be in accordance with AASHTO M 170. Storage. Precast elements shall be stored in such a manner to prevent cracking or damage. Store elements using adequate supports as appropriate. Units shall not be moved until concrete compressive strength has reached a minimum of 2500 psi. Units shall not be stored in an upright position unless approved by the engineer. Handling. Handling devices shall be permitted in each precast element for the purpose of handling and setting. Spreader beams may be required for lifting of precast concrete bridge elements to preclude damage from bending or torsion forces. 64P CITY OF FORT COLLINS September 4, 200 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET • 3- REVISION OF SECTION 603 CONCRETE 3-SIDED CULVERT (PRECAST) AND CONCRETE 3-SIDED CULVERT TOP SLAB (PRECAST) Each bridge unit shall be clearly marked by a waterproof means with the following information: Bridge Span X Bridge Rise Date of Manufacture Name or trademark of the manufacturer ASTM Product Designation Delivery. Precast concrete elements shall not be shipped until concrete has attained specified design compressive strength, or as directed by the Engineer. Precast concrete elements may be unloaded and placed on the ground at the site until installed. Store elements using timber supports as appropriate. Quality Control/Assurance. The Precaster shall be certified by the National Precast Concrete Association (NPCA) and the prestressing, if used. shall be performed by a firm certified by the Prestressed Concrete Institute (PCI). The Drecaster shall have a minimum of 5 vears exnerience in the production of 3-sided bridges or have fabricated at least 10 three -sided structures of greater or similar length to the plans. The precaster shall maintain a permanent quality control department and employ qualified technicians. Qualifications, Testing and Inspection The Precaster shall employ a Quality Control (QC) unit with an ACI certified employee. In lieu of a QC unit the Precaster may retain the services of a CCRL certified independent inspection and testing agency (throughout the duration of production). The test agency shall issue reports, certified by a licensed engineer, detailing the Precaster's setup, forming, casting and curing operations. The agency shall provide concrete test reports showing CDOT required physical results for plastic concrete properties, and test strength results for specified test ages. The Owner may designate QA fabrication inspection at the fabrication site. Reports and documentation shall be provided to the Engineer upon request. The Precaster shall perform the following tests according to the ASTM standards as listed: Air Content: C231 or C173 Compressive Strength: C31, C39, C192, C497 Slump: C143 or Spread Test if using SCC Unit Weight: C138 The precaster shall provide documentation demonstrating compliance with this section if requested by Fort Collins. Fort Collins may place an inspector in the plant when the products covered in this specification are being manufactured. Permissible Variations. Permissible variations shall conform to ASTM C1504. Testing/ Inspection. Testing and inspection shall conform to these specifications and ASTM C1504; see "Physical • Requirements" and `Inspection". 65P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -4- REVISION OF SECTION 603 CONCRETE 3-SIDED CULVERT (PRECAST) AND CONCRETE 3-SIDED CULVERT TOP SLAB (PRECAST) Installation assistance. A representative from the manufacturer or the design engineer of record shall be onsite during the installation or the precast bridge units. Installation Preparation. Support areas for bridge units and headwall elements, shall be formed to ensure correct installation of the precast bridge system. Bottom Concrete 3-Sided Culvert: a. Soil sub -grade and compaction shall be,performed in accordance to the geotechnical recommendations or the precast manufacturer's recommendations. b. Do not over excavate foundations unless directed by the Engineer to remove unsuitable soil. c. A copy of the geotechnical report will be provided by the Engineer prior to the design of the precast concrete elements. The Contractor's Engineer shall certify in writing that the bearing capacity meets or exceeds the footing design requirements, prior to placement of the footings. d. Shall be a precast unit. The size and elevation shall meet the design of the Contractor's Engineer but not to exceed the plan dimensions without prior approval. A keyway/weld pocket shall be formed in the top surface of the bottom slab of the 3-sided culvert as specified on the plans. e. A precast riparian wall, if provided, shall be installed as recommended by the supplier. f. The top of the bottom slab surfaces shall be constructed in accordance with grades shown on the plans. When tested with a 10-foot straight edge, surfaces shall not vary more than 1/4 inch in 10 feet. g. The contractor shall prepare a 4-inch thick base layer of compacted granular material along the full width of the base unit prior to placing precast base units. All work and materials for the base layer will not be paid for separately but shall be included in the work. h. The precast base units must be connected as shown on the plans or as approved by the Engineer to form a monolithic body. Expansion joints shall not be used. Top Slab a. Shall be a precast unit. The size and elevation shall meet the design of the Contractor's Engineer but not to exceed the plan dimensions without prior approval. A keyway/weld pocket shall be formed in the top surface of the top slab unit as specified on the plans. b. Provide key under the slab at all connections to the bottom unit legs. c. The top of the bottom slab surfaces shall be constructed in accordance with grades shown on the plans. When tested with a 10-foot straight edge, surfaces shall not vary more than 1/4 inch in 10 feet. d. The precast base units must be connected as shown on the plans or as approved by the Engineer to form a monolithic body. Expansion joints shall not be used. Lifting. Crane lifting capacity, crane placement, and safe worksite conditions are the sole responsibility of the Contractor. Lift anchors or holes provided for each unit shall be the only means allowed for lifting precast elements. • Elements shall only be supported or raised by procedures listed in approved manuals, erection plans, or drawings approved by the Precaster. 66P • C� 0 SECTION 00300 BID FORM PROJECT: 7568 Bryan Ave Bridge Replacement Placer 1C_ras•4 CaktnS_k(0 Date: 1\ t2,i3 In compliance with your Invitation to Bid.dated (O. t"o L - N , 20 13 and subject to all conditions thereof, the undersigned a (Corporation, C ' , or Bel&Pre}fie" 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 �J 9- e) f k aAa1 io Cl ($ ) in accordance with the Invitation To Bid and Instructions to 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: "IA1A-xsS;o 1- v^ 5k ,Sk (<u:p "o.." ,Co ft(� tn2 • 5. All the various "phases of Work enumerated in the ContractDocuments 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 CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -5- REVISION OF SECTION 603 CONCRETE 3-SIDED CULVERT (PRECAST) AND CONCRETE 3-SIDED CULVERT TOP SLAB (PRECAST) Placement of Precast Units. Precast units shall be placed as shown on approved plans or drawings. Line and grade shall be checked as often as necessary to meet plan requirements. a. The contractor shall devise an erection and placement method to ensure lateral spreading of bridge elements does not occur. The final clearance between adjacent precast elements shall not exceed that shown on the plans. Leveling Pad/ Shims. Precast units shall be set on polymer or steel shims measuring 6" x 6", minimum, unless shown otherwise on the plans. A minimum gap of 1/2 inch shall be provided between the top slab and the top of vertical legs. The fabricator shall define the shims used in the shop drawings. Grouting. Grout shall have a maximum aggregate size of/4" inch. Minimum 28-day compressive strength shall be 4500 psi. Grouting shall not be performed when temperatures are expected to fall below 40' F for a period of 72 hours after grout placement. A heating system may be used to keep the curing temperature above 40' if pre - approved by the Engineer. Vibrate grout as necessary to ensure that entire key around the bridge element is completely filled. If bridge elements have been set with temporary ties (cables, bars, etc.) grout shall attain a minimum compressive strength of 1500 psi before ties can be removed. Lifting and erection anchor recesses shall be filled with grout prior to backfilling. Joints. Joints shall be constructed in accordance with ASTM C1504. Sections for flat-topped structures shall be produced with a connection joint as show on the plans. The joint shall be sealed with a grout that attains a minimum 3000 psi. All butt joints between structure sections shall be covered with a joint wrap conforming to ASTM C877, Type 11. Surfaces shall be free of dirt before joint material is applied. The entirejoint shall be continuously covered. Joints between structure sections and retaining walls shall be covered with either the same wrap used between structure sections or with a non -woven Geotextile with a minimum of 1-foot lap on each side of the joint (horizontally). Joint wrap shall be maintained in proper location over joints, and shall not be damaged during backfilling operations. In addition to joints between bridge units, joints between end units and headwalls shall also be sealed as described above. All lift holes shall be primed and covered with a 9" x 9" square of joint wrap. Workmanship/ Finish. Precast units shall be substantially free of fractures. Joints between precast units shall not exceed the dimensions shown on the plans. Surface defects larger than 1 sq. in. and defects deeper than 1 inch, shall be patched with durable non -shrink grout. Rejection. Precast elements may be subject to rejection if any of the following discrepancies exist: Fractures or cracks passing through walls or decks, except for a single end crack that does not exceed one-half the thickness of the wall. 67P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 • CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -6- REVISION OF SECTION 603 CONCRETE 3-SIDED CULVERT (PRECAST) AND CONCRETE 3-SIDED CULVERT TOP SLAB (PRECAST) Defects such as segregation, voids, open texture, or heavy honeycomb indicate that concrete proportioning, mixing, and placement did not comply with specifications. Damaged or spa]led ends, where such damage would prevent making a satisfactory joint. Repairs. Precast elements with significant or major damage may be repaired, if pre -approved by the Engineer. The Contractor shall submit written proposal of repair for approval, prior to starting repair work. Excavation and Backfrll. Structure excavation and backfill shall be in accordance with Section 206 and the Project Special Provisions and Standard Special Provisions. Construction equipment weight restrictions: Operating equipment shall not exceed the design load permitted on bridge units unless pre -approved by the Engineer. In the immediate area of the bridge units, the following restrictions for use of heavy construction machinery during backfilling operations apply: • a. Construction equipment shall not cross bare precast concrete bridge units. b. If the compacted fill level is 4 inches minimum over the bridge crown, construction equipment weighing less than 10 tons may cross the bridge. • c. If the compacted fill level isl2 inches.minimum over the bridge crown, construction equipment weighing less than 30 tons may cross the bridge. d. If the compacted fill level has reached design cover, or 2 feet minimum, over the bridge crown, construction equipment within the design load limits for the road may cross the bridge. Monitoring. The contractor shall measure settlements and horizontal displacement of foundation to ensure that they are within the allowable limits as determined by the Precaster (approximately I inch). These measurements shall give an indication of settlements and deformations along the length of the foundations. The first measurement row shall take place after erection of all precast bridge system elements; a second measurement after completion of backfilling; and a third measurement before opening the bridge to traffic. Additional measurements may be needed due to local conditions. The maximum difference in vertical displacements V should not exceed 1 inch along the length of one wall. METHOD OF MEASUREMENT Concrete 3-Sided Culvert (Precast) and Concrete 3-Sided Culvert Top Slab (Precast) will be measured by the the length of the precast structure measured perpendicular to the centerline of the road, as shown on the plans complete in place and accepted. Prestressing, if used, will not be measured and paid for separately but shall be included in the work. Structure excavation and structure backfill will be measured and paid for separately. 68P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -7- REVISION OF SECTION 603 CONCRETE 3-SIDED CULVERT (PRECAST) AND CONCRETE 3-SIDED CULVERT TOP SLAB (PRECAST) BASIS OF PAYMENT The accepted quantity shall be paid for at the contract unit price for the pay unit listed below. Pay Item Pay Unit 25 x 7.33 Foot Concrete 3-Sided Culvert (Precast) Linear Foot 25 x 7.33 Foot Concrete 3-Sided Culvert Top Slab (Precast) Linear Foot Payment shall be full compensation for all work necessary to complete the item, which shall include design, fabrication, transportation to the bridge site, compacted granular base material, erection and precast foundation components. Structure excavation and structure backfill will be measured and paid for in accordance with Subsection 206. 9 • 69P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 • CONSTRUCTION SUBACCOUNT NO. 16784 BID SET REVISION OF SECTION 604 MANHOLES, INLETS AND METER VAULTS Section 604 to the Standard Specifications is hereby revised for this project to include the following: MATERIALS Subsection 604.02 shall include the following: 2' X 2' Concrete Catch Basin — HS 20 Loading 24" Inlet Frame and Grate- HS 20 Loading A prefabricated catch basin shall conform to the specifications of this section and section 712.05. Manufacturer(s): 1. Oldcastle Precast 427 North Front St. Platteville, CO 80651 2. Or approved equal. • Inlet Frame and Grate shall conform to the specifications of this section and section 712.05. Grate shall be ADA Compliant. Manufacturer(s): 1. D&L Foundary 801-785-5015 2. Or approved equal. The Contractor shall submit shop drawings that clearly indicate the following: Prefabrication Manufacturer, Profiles, sizes, knockout locations, and joint details Subsection 604.07 shall include the following: Pay Item Pay Unit 2' X 2' Concrete Catch Basin — HS 20 Loading EACH 24" Inlet Frame and Grate- HS 20 Loading EACH 70P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -1- REVISION OF SECTION 608 COLOR STAINING AND SEALING (SPECIAL) Section 608 of the Standard Specifications is hereby revised for this project to include the following In subsection 608.01, add the following: This work also consists of the provision and installation of chemical staining and sealing of concrete as identified below, in conformance with these specifications and in conformity with the lines and grades shown on the plans. Chemical staining and sealing is for horizontal concrete slab areas such as sidewalks only, as shown on civil drawings. In subsection 608.02, add the following paragraph: Chemical Staining and Sealing (Special) Chemical Staining: Application: 1. Concrete surfaces shall be dry and properly prepared as described above. Protect surrounding areas from over -spray, run-off and tracking. Divide surfaces into small work sections using wall, joint lines, or other stationary breaks as natural stopping points. 2. Apply chemical stains full strength (undiluted) at the coverage rate recommended by the manufacturer and use application equipment described in the manufacturer's printed technical literature. The color of the liquid chemical stain has no resemblance to the final color produced on the concrete substrate. 3. Chemical stains normally fizz when reacting with the concrete. If fizzing does not occur, the substrate has not been adequately prepared or the concrete pH level is too low. If this should happen, contact the local representative for further recommendations. 4. Transfer chemical stain to the substrate by brush or spray and immediate scrub into surface. 5. Reaction time depends on wind conditions, temperatures, and humidity levels. 6. When multiple coats of one or more colors are required, washing and drying between colors is desirable to evaluate the color prior to the next coat. 7. After the final coat of chemical stain has remained on the surface for a minimum of four hours, remove all residue by wet scrubbing with commercial grade detergent. Rinse surfaces after scrubbing until rinse water is completely clean. Run off may stain the adjacent areas or harm plants. Collect rinse water by wet vacuuming or absorbing with an inert material. 0 71P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 • CONSTRUCTION SUBACCOUNT NO. 16784. BID SET -2- REVISION OF SECTION 608 COLOR STAINING AND SEALING (SPECIAL) Acceptable Manufacturers: 1. L. M. SCOFIELD COMPANY, Douglasville, Georgia and Los Angeles, California (800) 800-9900 or the appropriate local contact: Eastern Division — 201-672-9050; Western Division — 323-720-3055; Central Division Office — 630-377-5959. 2. Duraamen, New York City/New Jersey — 212.386.7609, or appropriate local contact 3. CSI ChemSystems, Inc., Houston — 800.545.9827, or appropriate local contact 4. Approved substitute. Acceptable Materials: 1. LITHOCHROME® Chemstain® Classic; L. M. SCOFIELD COMPANY, reactive water -based solution of metallic salts which react with the calcium hydroxide in the cured concrete substrate to produce permanent, variegated or translucent color effects. Colors: CS-2: Padre Brown 2. Duraamen — Patinaetch chemical (acid) stain Colors: 2 eb, 1 ab 3. CSI ChemSystems — CSI ChromaStain acidic stain Colors: HBS #15, Buckwheat 4. Colors selected above are approximate. Contractor shall provide full stain color chart from chosen manufacturer (Scofield, Duraamen, CSI ChemSystems, approved substitute) for owner's representative to select color of stain. Once color is selected, contractor shall provide 12" x 12" mock up of standard gray concrete, stained and sealed for Owner's Representative to review and approve prior to commencing with staining and sealing. 5. Approved substitute Sealers: l . Application of Sealer: Concrete substrate shall be completely dry. 2. Sealer shall be produced by the chemical stain manufacturer. 3. Test surface for proper pH level prior to applying sealer. 4. Apply sealer according to manufacturer's written instructions at a rate of 300 to 500 square feet per gallon per coat. 5. Maintain a wet edge at all times. 6. Allow sealer to completely dry before applying additional coats. 7. Apply second coat of sealer at 90' to the direction of the first coat using the same application method and rates. 8. Seal horizontal joints in areas subject to pedestrian or vehicular traffic. 72P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -3- REVISION OF SECTION 608 COLOR STAINING AND SEALING (SPECIAL) Acceptable Manufactures: I. L. M. SCOFIELD COMPANY, Douglasville, Georgia and Los Angeles, California (800) 800-9900 or the appropriate local contact: Eastern Division — 201-672-9050; Western Division — 323-720-3055; Central Division Office — 630-377-5959. 2. Duraamen, New York City/New Jersey — 212.386.7609, or appropriate local contact 3. CSI ChemSystems, Inc., Houston — 800.545.9827, or appropriate local contact 4. Approved Substitute. Acceptable Materials: 1. SCOFIELD® Selectseal-WTM; L. M. SCOFIELD COMPANY, water -based, clear aliphatic polyurethane specifically formulated for protecting chemically stained concrete hardscapes. 2. Duraamen — manufacturer recommended sealer 3. CSI ChemSystems, Inc. — manufacturer recommended sealer 4. Approved substitute. `J Protection: Protect staining/scaling from traffic and/or use for at least 72 hours after final application of sealer. METHOD OF MEASUREMENT Subsection 608.05 shall include the following: Chemical staining will be measured by the actual square yard installed. Concrete substrate that chemical staining is applied to will be measured separately. BASIS OF PAYMENT Subsection 608.06 shall include the following: The accepted quantities for chemical staining will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Contractor shall famish materials, labor, transportation, services, stain, and other equipment necessary to furnish and install finishes as detailed on the drawings and specified in this Section. Payment will be made under: Pay Item Pay Unit Color Staining and Sealing (Special) Square Yard 73P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -1- REVISION OF SECTION 613 LIGHTING Section 613 of the Standard Specifications is hereby revised for this project as follows: Delete Section 613.12 and replace it with: BASIS OF PAYMENT 613.12 The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Light Standard (14 foot) Each Luminaire (LED) Each I Inch Electrical Conduit Linear Foot 1 Inch Electrical Conduit (Plastic) Linear Foot 1/2 Inch Electrical Conduit (Plastic) Linear Foot Photoelectric cell Each • Wiring Lump Sum 0 74P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET 00 -1- REVISION REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL DEVICES Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.15 is hereby deleted and replaced with the following: Construction Traffic Control will not be measured separately but will be paid for on a lump sum basis. This lump sum basis shall include all traffic control devices that are shown on the plans or any other devices that may be requested by the engineer to ensure the safety of the project. Traffic control management, traffic control inspection and flagging will not be measured and paid for separately but shall be included in the cost of the work. It is anticipated that traffic control management services (TCM) will only be required during the initial set-up of required traffic control devices. ' Flagging Subsection 630.15 hereby revised as follows: Delete paragraph 1, 2, 3 including the Pay Item Table and replace with the following: Payment shall be made at the contract lump sum price for Construction Traffic Control Devices and will be full compensation for all work necessary to complete the work. Payment will be made under: Pay Item Pay Unit Construction Zone Traffic Control Devices Lump Sum 75P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -1- REVISION OF SECTION 630 PORTABLE MESSAGE SIGN PANEL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.01 shall include the following: This work includes furnishing, operating, and maintaining a portable message sign panel for the Contactor's period of performance. In addition, special events may require the additional use of the portable message sign. Add subsection 630.031 immediately following subsection 630.03 as follows: 630.031 Portable Message Sign Panel. Portable message sign panel shall be furnished as a device fully self contained on a portable trailer, capable of being licensed for normal highway travel, and shall include leveling and stabilization jacks. The panel shall display a minimum of three - eight character lines. The panel shall be a dot-matrix type with an LED legend on a flat black background. LED signs shall have a pre -default message that activates before a power failure. The sign shall be solar powered with independent back-up battery power. The sign shall be capable of 360 degrees rotation and shall be able to be elevated to a height of at least five feet above the ground measured at the bottom of the sign. The sign shall be visible from one-half mile under both day and night conditions. The message shall be legible from a minimum of 750 feet. The sign shall automatically adjust its light source to meet the legibility requirements during the hours of darkness. The sign enclosure shall be weather tight and provide a clear polycarbonate front cover. • Solar powered message signs shall be capable of operating continuously for 10 days without any sun. All instrumentation and controls shall be contained in a lockable enclosure. The sign shall be capable of changing and displaying sign messages and other sign features such as flash rates, moving arrows, etc. • Each sign shall also conform to the following: (1) In addition to the onboard solar power operation with battery back-up, each sign shall be capable of operating on a hard wire, 106-110 VAC, external power source. (2) All electrical wiring, including connectors and switch controls necessary to enable all required sign functions shall be provided with each sign. (3) Each sign shall be furnished with an operating and parts manual, wiring diagrams, and trouble -shooting guide. (4) The portable message sign shall be capable of maintaining all required operations under Colorado mountain -winter weather conditions. (5) Each sign shall be furnished with an attached license plate and mounting bracket. (6) Each sign shall be wired with a 7-prong male electric plug for the brake light wiring system. Subsection 630.13 shall include the following The portable message sign panel shall be on the project site at least 5 days prior to the start of active roadway construction. Maintenance, storage, operation, relocation to different sites during the project, and all repairs of portable message sign panels shall be the responsibility of the Contractor. 76P ADDENDUM 1 -REVISED BID SCHEDULE ITEM NO DESCRIPTION UNIT QUANTITY UNITCOST TOTAL 201-00000 CLEARING AND GRUBBING LS 1 2,650.00 $ 2,650.00 202-00010 REMOVAL OF TREE EACH 2 690.00 $ 1,380.00 202-00019 REMOVAL OF INLET EACH 1 775.00 $ 775.00 202-00019 REMOVAL OF PIPE LF 50 18.00 $ 900.00 202-00200 REMOVAL OF SIDEWALK SY 87 6.00 $ 522.00 202-00203 REMOVAL OF CURB AND GUTTER LF 67 4.50 S 301.50 202-00210 REMOVAL OF CONCRETE PAVEMENT SY 45 20.00 $ 900.00 202-00220 REMOVAL OF ASPHALT MAT SY 356 5.45 $ 1,940.20 202-00705 REMOVAL OF LIGHT STANDARD EA 1 800.00 $ - 800.00 202-01000 REMOVAL OF FENCE LF 28 5.25 $ 147.00 202-04000 REMOVAL OF EXISTING BRIDGE LS 1 16,000.00 $ 16,000.00 203-00100 MUCK EXCAVATION CY 173 22.00 $ 3,806.00 206-00000 STRUCTURE EXCAVATION CY 491 25.00 $ 12,275.00 206-00065 STRUCTURE BACKFILL(FLOWFILL) CY 46 150.00 $ 6,900.00 206-00100 STRUCTURE BACKFILL(CLASS I) CY 298 58.00 $ 17,284.00 206-01750 SHORING (AREA 1) LS 1 9,800.00 $ 9.800.00 208-00005 EROSION LOG (12 INCH) LF 165 6.00 $ 825.00 208-00034 GRAVELBAG LF 40 10.00 $ 400.00 208-00045 CONCRETE WASHOUT STRUCTURE EACH 1 850.00 $ 850.00 208-00050 STORM DRAIN INLET PROTECTION EACH 2 250.00 $ 500.00 208-00070 VEHICLE TRACKING PAD EACH 1 2,150.00 $ 2,150.00 208-00103 REMOVAL AND DISPOSAL OF SEDIMENT (LABOR) HR 40 35.00 $ 1,400.00 208-00106 SWEEPING (SEDIMENT REMOVAL) HR 5 100.00 $ 500.00 208-00107 REMOVAL OF TRASH HR 5 35.00 $ 175.00 208-00205 EROSION CONTROL SUPERVISOR HR 120 55.00 $ 6,600.00 211-03005 DEWATERING LS 1 8,000.00 $ 8,000.00 212-00005 SEEDING (NATIVE) ACRE 0.02 20,000.00 $ 400.00 212-00032 SOIL CONDITIONING ACRE 0.5 10,000.00 $ 5,000.00 212-00100 TREE RETENTION AND PROTECTION LS 1 900.00 $ 900.00 213-00002 MULCHING (WEED FREE HAY) ACRE 0.02 20.000.00 $ 400.00 216-00041 SOIL RETENTION BLANKET(STRAW/COCONUT) BY 444 3.00 $ 1,332.00 304-06000 AGGREGATE BASE COURSE (CLASS 6) TON 72 31.00 $ 2,232.00 403-32721 HOT MIX ASPHALT (GRADING SG) (75) (PG 58-28) TON 40 150.00 $ 6,000.00 403-33721 HOT MIX ASPHALT (GRADING S) (75) (PG 58-28) TON 42 150.00 $ 6,300.00 406-00700 TEMPORARY PAVEMENT SY 285 8.00 $ 2,280.00 412-00800 CONCRETE PAVEMENT (8-INCH) SY 100 76.00 $ 7,600.00 420-00507 GEOTEXTILE PAVING FABRIC BY 53.00 $ 3,975.00 506-00000 RIP RAP CY125.00 $ 4,750.00 509-70000 STAINLESS STEEL ANGLE (SPECIAL) LF E388 47.00 $ 10.716.00 514-00100 HAND RAIL LF95.00 $ 570.00 614-00200 PEDESTRIAN RAILING (STEEL) LF 217.00 $ 8.246.00 rl • 0 CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -2- REVISION OF SECTION 630 PORTABLE MESSAGE SIGN PANEL Subsection 630.15 shall include the following: Portable message sign panels for the Contractors operations during the period of performance will not be measured or paid for separately but shall be included in the work for Item 630, Construction Zone Traffic Control Devices. Portable message sign panels may be required for special events as determined by the Engineer. Portable message sign panels for special events as determined by the Engineer will be measured as Portable Message Sign Panel (Special) by the actual number of days each portable message sign is used for the special even on the project as approved by the Engineer. Subsection 630.16 shall include the following: Pay Item Portable Message Sign Panel (Special) Pay Unit Day • • 77P u CI CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET REVISION OF SECTION 712 MISCELLANEOUS Section 712 to the Standard Specifications is hereby revised for this project to include the following: MATERIALS Subsection 712.13 (b) shall include the following: Polyvinyl Chloride (PVC) Pipe (4) Solid wall PVC Pipe less than 15 inches in diameter may be standard dimension (SDR) 35 compliant with ASTM D 3034 SDR 35 PS 46 (AASHTO M278). 78P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -1- REVISION OF SECTION 715 LIGHTING AND ELECTRICAL MATERIALS Section 715 of the Standard Specifications is hereby revised for this project as follows Delete Section 715.03 and replace it with: 715.03 Light Standards. (a) The 14 ft tall decorative post shall be one-piece construction made of ASTM 6063 extruded aluminum and tempered to a T6 condition. The pole tenon shall fit the luminaire. (b) Light standard shall be suitable for wind velocity in accordance with AASHTO's Standard Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals, (c) The pole shall be U.L. or E.T.L. listed. (d) The base shall be designed with twelve curved flutes and teardrop decorations and be made of heavy wall, 356 alloy cast aluminum. It shall have a 1" thick floor cast as an integral part of the base. (e) Four 3/4" diameter hot -dipped galvanized "L" type anchor bolts shall be provided with the post for anchorage. A door shall be provided for wiring and anchor bolt access. It shall be secured with tamper proof, stainless steel hardware. Post will be provided with a grounding stud mounted on the base floor opposite the access door. Delete Section 715.04 and replace it with: 715.04 Luminaires and Lamps. (a) Luminaire a. Pole mounted luminaire, nominal 38" overall height x 17" wide cast aluminum housing with black baked enamel finish, selected to match existing luminaires. b. Etched glass lens. c. Initial nominal absolute lumen output= nominal 4000. d. Replaceable ANSI 4000K LED array, 94 watt, high power factor integral driver, for 120v power, roof mounted, downlight Type II I optics. e. UL listed for Wet Location. f. BUG rating = B 1-U3-G3 g. The luminaire shall be supplied with line -ground, line -neutral and neutral -ground electrical surge protection in accordance with IEEE/ANSI c62.41.2 guidelines. h. Tested to the IESNA LM-79-08 standard. i. The fitter shall be heavy wall cast aluminum for high tensile strength to fit the pole; the fitter shall be attached by set -screw to the pole top / tenon. j. Prior to coating, the luminaire shall be chemically cleaned and etched in a 5-stage washing system which includes alkaline cleaning, rinsing, phosphoric etching, reverse -osmosis water rinsing and non -chrome sealing to ensure corrosion resistance and excellent adhesion for the finish coat which shall be electrostatically applied semi -gloss, super durable polyester powder coat, baked on at 400°f, to provide a durable, color retentive matte black finish. • k. Seven year warranty on all parts and light sources and drivers. 79P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET -2- REVISION OF SECTION 715 LIGHTING AND ELECTRICAL MATERIALS (b) Light Source. LED lamp systems shall meet or exceed the following requirements: a. Binning: All LEDs shall be matched to satisfy the CCT, CRI, and Luminous Flux requirements as described herein. b. Correlated Color Temperature (CCT): All LED lamps shall emit white light and have a 4000K CCT +/- 100' Kelvin. c. Color Rendering Index (CRI): LED lamps shall have a minimum CRI of 75. d. Luminous Flux: LED lamps shall not exceed the junction temperature recommended by the LED manufacturer. Luminous flux differences between LEDs shall not exceed 10%. e. Rated Lamp Life: LEDs shall have a minimum rated life of 70,000 hours. The lumen output shall be maintained at 70% of initial rated lumens or greater at the rated life of the lamp rated at 25°c. f. Quality Control: Luminaires with LEDs that have a perceptible and significant brightness or color differences shall be replaced by the Manufacturer at no cost to the Project. g. Environmental Conditions: LEDs shall be temperature rated for operation and storage within the range of -40°C to +50°C, and shall withstand low and high frequency vibration over the rated life of the lamp. Delete Section 715.05 and replace it with: 715.05 LED Driver (a) LED power supplies: (1) LED power supplies shall have an input voltage of 120VAC/60Hz and the output voltage shall be per LED manufacturer's specifications. The output voltage shall be regulated automatically and continuously by an integral electronic voltage regulator to maintain the LED voltage within a tolerance of+/- 5%. (2) The output current shall be regulated automatically and continuously by an integral electronic current regulator to maintain the current within a tolerance of +/- 5%. (3) All electronics of the power supply and the LEDs shall be protected from all electrical surges, including but not limited to lightning strikes and stray current in rebar and concrete. Surge protection shall be integral to the LED power supply. (4) The driver shall be U.L. or E.T.L. Recognized. (5) The driver shall have a minimum efficiency of 88%. (6) The driver shall be rated at full load with THD<20% and a power factor of greater than 0.90. (7) The driver shall contain over -heat protection which reduces output to less than half rating if the case temperature reaches 850c. 80P CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Department's estimate for force account items included in the Contract. All force account items will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor. Force Account Item Quantit Amount F/A Minor Contract Revisions FA $79,991 F/A Partnering FA $5,000 F/A On the Job Trainee HOUR 0 F/A Erosion Control FA $5,000 *To be included in the bond amounts. u 40 81P • CITY OF FORT COLLINS September 4, 2013 COLORADO PROJECT NO. BRO M455-092 CONSTRUCTION SUBACCOUNT NO. 16784 BID SET UTILITIES The known utilities and corresponding contacts for this project are: Fort Collins Water Utilities Roger Buffington Comcast Don Kapperman Century Link Bill Johnson Xcel Energy (gas) Stephanie Rich Fort Collins Light and Power Doug Martine Fort Collins IT Infrastructure Clint Andrews 970-221-6854 970-689-3487 970-377-6401 970-225-7828 970-224-6152 976-416-2516 The work described in these plans and specifications requires full cooperation between the Contractor and the utility owners in accordance with Subsection 105.06 in conducting their respective operations, so the utility work can be completed with minimum delay to all parties concerned. Also, in accordance with the plans and specifications, and as directed by the Engineer, the Contractor shall keep each utility owner advised of any work being done to its facility, so that each utility owner can coordinate its inspections for final acceptance of the work with the Engineer. THE WORK LISTED BELOW SHALL BE PERFORMED BY THE CONTRACTOR The Contractor will coordinate with the City of Fort Collins and the Utility Companies. In addition, Fort Collins Light and Power will install a temporary electric conduit across Bryan Avenue on both ends of the bridge. The Contractor will excavate a trench approximately 2-feet wide and 3-feet deep at the location and time required by the City and then properly fill and compact the trench after the conduit is installed by the City. THE WORK LISTED BELOW SHALL BE PERFORMED BY THE UTILITY OWNERS COMPANIES City of Fort Collins Light and Power — Coordinate crossing of electric line and installation of temporary conduit across Bryan Avenue on both ends of the bridge. XCEL Gas — Coordinate crossing of gas line by new drainage line. Comcast and Century Link — Relocation of lines near the new East Ramp. UTILITIES LOCATING The Contractor shall comply with Article 1.5 of Title 9 CRS ("Excavation Requirements") when excavating or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the actual day of notice, prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at phone no.1-800-922-1987, to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective owner. Utility service laterals shall also be located prior to beginning excavation or grading. The location of utility facilities on the plan and profile sheets, and herein described, were obtained from the best available information. 82P 0 STANDARD SPECIAL PROVISIONS n LA This Page Left Blank Intentionally • LJ January 31, 2013 1 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Section 105 of the Standard Specifications is hereby revised for this project as follows: Delete subsections 105.22, 105.23 and 105.24 and replace with the following: 105.22 Dispute Resolution. Subsections 105.22, 105.23, and 105.24 detail the process through which the parties (CDOT and the Contractor) agree to resolve any issue that may result in a dispute. The intent of the process is to resolve issues early, efficiently, and as close to the project level as possible. Figure 105-1 in the standard special provisions outlines the process. Specified time frames may be extended by mutual agreement of the Engineer and the Contractor. In these subsections, when a time frame ends on a Saturday, Sunday or holiday, the time frame shall be extended to the next scheduled work day. A dispute is a disagreement concerning contract price, time, interpretation of the Contract, or all three between the parties at the project level regarding or relating to the Contract. Disputes include, but are not limited to, any disagreement resulting from a delay, a change order, another written order, or an oral order from the Project Engineer, including any direction, instruction, interpretation, or determination by the Project Engineer, interpretations of the Contract provisions, plans, or specifications or the existence of alleged differing site conditions. The term "merit' refers to the right of a party to recover on a claim or dispute, irrespective of quantum, based on the substance, elements, and grounds of that claim or dispute. The term "quantum" refers to the quantity or amount of compensation or time deserved when a claim or dispute is found to have merit. Disputes from subcontractors, material suppliers, or any other entity not party to the Contract shall be submitted through the Contractor. Review of a pass -through dispute does not create privity of Contract between CDOT and the subcontractor. If CDOT does not respond within the specified timelines, the Contractor may advance the dispute to the next • level. When the Project Engineer is a Consultant Project Engineer, actions, decisions, and determinations specified herein as made by the Project Engineer shall be made by the Resident Engineer. The dispute resolution process set forth in this subsection shall be exhausted in its entirety prior to initiation of litigation or arbitration. Failure to comply with the requirements set forth in this subsection shall bar either party from any further administrative, equitable, or legal remedy. If a deadline is missed that does not prejudice either party, further relief shall be allowed. All disputes and claims shall be submitted within 30 days of the date of the certified letter submitting the CDOT Form 96, Contractor Acceptance of Final Estimate, to the Contractor. Failure to submit a dispute or claim within this time period releases the State of Colorado from all disputes and claims for which notice has not already been submitted in accordance with the Contract. All disputes and claims seeking damages calculated on a Total Cost or Modified Total Cost basis will not be considered unless the party asserting such damages establishes all the legal requirements therefore, which include: (1) The nature of the particular losses makes it impossible or highly impractical to determine them with a reasonable degree of accuracy. (2) The Contractor's bid or estimate was realistic (3) The Contractor's actual costs were reasonable. (4) The Contractor was not responsible for the cost overrun January 31, 2013 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Should the Contractor's dispute use the Total Cost approach for calculating damages, damages will be determined by subtracting the contract amount from the total cost of performance. Should the Contractor's dispute use the Modified Total Cost approach for calculating damages, if the Contractor's bid was unrealistic in part, and/or some of its costs were unreasonable and/or some of its damages were caused by its own errors, those costs and damages will be deducted from the total cost of performance to arrive at the Modified Total Cost. The Total Cost or Modified Total Cost basis for calculating damages shall not be available for any disputes or claims seeking damages where the Contractor could have kept separate cost records at the time the dispute arose as described in subsection 105.22(a). (a) Document Retention. The Contractor shall keep full and complete records of the costs and additional time incurred for each dispute for a period of at least three years after the date of final payment or until dispute is resolved, whichever is more. The Contractor, subcontractors, and lower tier subcontractors shall provide adequate facilities, acceptable to the Engineer, for an audit during normal business hours. The Contractor shall permit the Engineer or Department auditor to examine and copy those records and all other records required by the Engineer to determine the facts or contentions involved in the dispute. The Contractor shall identify and segregate any documents or information that the Contractor considers particularly sensitive, such as confidential or proprietary information. Throughout the dispute, the Contractor and the Project Engineer shall keep complete daily records of extra costs and time incurred, in accordance with the following procedures: 1. Daily records shall identify each operation affected, the specific locations where work is affected, and the potential effect to the project's schedule. Such records shall also reflect all labor, material, and equipment applicable to the affected operations. 2. On the first work day of each week following the date of the written notice of dispute, the Contractor shall provide the Project Engineer with the daily records for the preceding week. If the Contractor's records indicate costs greater than those kept by the Department, the Project Engineer will meet with the Contractor and present his records to the Contractor at the meeting. The Contractor shall notify the Engineer in writing within three work days of any inaccuracies noted in, or disagreements with, the Department's records. (b) Initial Dispute Resolution Process. To initiate the dispute resolution process the Contractor shall provide a written notice of dispute to the Project Engineer upon the failure of the Parties to resolve the issue through negotiation. Disputes will not be considered unless the Contractor has first complied with specified issue resolution processes such as those specified in subsections 104.02, 106.05, 108.07(a), and 108.07(d). The Contractor shall supplement the written notice of dispute within 15 days with a written Request for Equitable Adjustment (REA) providing the following: (1) The date of the dispute (2) The nature of the circumstances which caused the dispute (3) A statement explaining in detail the specific provisions of the Contract and any basis, legal or factual, which support the dispute. (4) If any, the estimated quantum, calculated in accordance with methods set forth in subsection 105.24(b)12., of the dispute with supporting documentation (5) An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall submit as much information on the quantum and impacts to the Contract time as is reasonably available with the REA and then supplement the REA as additional information becomes available. If the dispute escalates to the DRB process the DRB shall not hear any issue or consider any information that was not contained in the Request for Equitable Adjustment and fully submitted to the Project Engineer and Resident Engineer during the 105.22 process. 0 11 0 514-01020 PEDESTRIAN RAILING (TIMBER) LF 58 18.00 $ 1.644.00 601-03030 CONCRETE CLASS D (BOX CULVERT) CY 50 610.00 $ 30.500.00 601-03050 CONCRETE CLASS D(WALL) CY 114 540.00 $ 61.660.00 60140008. MOSS ROCK VENEER SF 1.200 29.20 $ 35,040.00 60140009 MOSS ROCK CAP LF 94 41.00 $ 4,136.00 601 40400 STRUCTURAL CONCRETE STAIN BY 369 10.00 $ 3,690.00 602-00020 REINFORCING STEEL (EPDXY COATED) LB 34,061 1.00 $ 34,061.00 603.50008 8INCH PVC PIPE (SDR 35) LF. 39 50.00 $ 1,950.00 603-72020. 25 X 7.33 FOOT CONCRETE 3-SIDED CULVERT (PRECAST) LF 39 '2,600.00 $ 10.1,400.00 603-72021 26 X 7.33 FOOT CONCRETE 3SIDED CULVERTTOP SLAB (PRECAST). LF 39 11000.00 $ 39,000.00 604-19800 CONCRETE CATCH BASIN (2 FOOT X 2 FOOT) EA 2 2,300.00 $ 4,600.00 604-10801 INLET FRAME AND GRATE (24 INCHES) EA 2 490.00 $ 980.00 608-00006 CONCRETE:SIDEWALK(6 INCH) SY 207 62.60 $ 12,834.00 608-00300 COLOR STAINING AND SEALING (SPECIAL) SY 55 40.00 $ 2.240.00 61"0105 1 INCH ELECTRICAL CONDUIT LF 20 31.00 $ 620.00 613-0030300 31NCH ELECTRICAL CONDUIT LF 555 3.75 $ 2,081.25 613-01050 1I2'INCH. ELECTRICAL CONDUIT (PLASTIC) LF 36 11.25 $ 405.00 613-01100 11NCH ELECTRICAL CONDUIT (PLASTIC) LF 200 16.50 $ 3,300.00 613-10000 WIRING LS 1 1.800.00 $ 1,800.00 613-13000 LUMINAIRE (LED) EA 4 2,800.00 $ 11,200.00 613-34140 LIGHT STANDARD METAL (14'FOOT) EA 4 2,500.06 $ 10,000.00 613-50010 PHOTOELECTRIC CELL EA 1 250.00 $ 250.00 620-00020 j SANITARY FACILITY '.EA 1 1,700.00 $ 1,700.00 626-00005 MOBILIZATION LS 1 37,360.00 $ 37,300.00 630-00000 FLAGGING HOUR 260 -22.00 $ 5,720.00 630-00007 TRAFFIC CONTROL INSPECTION DAY 51 80.00 $ 4,080.00 630-00012 TRAFFIC CONTROL MANAGEMENT DAY 145 375.00 $ 54,375.00 630-76000 CONSTRUCTION ZONE TRAFFIC CONTROL PS 1 8,600.00 '$ 8,500.00 630-60359 PORTABLE MESSAGE SIGN PANEL DAY 84 65.00 $ 6,460.00 TOTAL BID (FOR PERFORMANCE AND PAYMENT BONDS, AND UDBE GOALS) $ 638,307.95 ADDITIONAL COSTS 700-70010 FIA MINOR CONTRACT REVISIONS FA 1 $80,000.00 $ 80,000.00 700-70011 FlAPARTNERING FA 1 $2,500.00 $ 2,500.00 700-70016 FIA FUEL COST ADJUSTMENT FA 1 $3,000.00 $ 3,000.00 700-70016 FIA ASPHALT CEMENT COST ADJUSTMENT FA 1 $5,000.00 $ 5,000.00 TOTAL ADDITIONAL COSTS $ 90,500.00 ' TOTAL BASE BID $ 728.807.95 TOTAL BASE BID.IN WORDS (CONTRA VALVE): January 31, 2013 3 REVISION OF SECTION 105 40 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (c) Project Engineer Review. Within 15 days after receipt of the REA, the Project Engineer will meet with the Contractor to discuss the merits of the dispute. Within seven days after this meeting, the Project Engineer will issue a written decision on the merits of the dispute. The Project Engineer will either deny the merits of the dispute or notify the Contractor that the dispute has merit. This determination will include a summary of the relevant facts, Contract provisions supporting the determination, and an evaluation of all scheduling issues that may be involved. If the dispute is determined to have merit, the Contractor and the Project Engineer will determine the adjustment in payment, schedule, or both within 30 days. When a satisfactory adjustment is determined, it shall be implemented in accordance with subsections 106.05, 108.08, 109.04, 109.05 or 109.10 and the dispute is resolved. If the Contractor accepts the Project Engineer's denial of the merits of the dispute, the dispute is resolved and no further action will be taken. If the Contractor does not respond in seven days, it will be assumed he has accepted the denial. If the Contractor rejects the Project Engineer's denial of the merits of the dispute or a satisfactory adjustment of payment or schedule cannot be agreed upon within 30 days, the Contractor may further pursue resolution of the dispute by providing written notice to the Resident Engineer within seven days, according to subsection 105.22(d). (d) Resident Engineer Review. Within seven days after receipt of the Contractor's written notice to the Resident Engineer of unsatisfactory resolution of the dispute, the Project Engineer and Resident Engineer will meet with the Contractor to discuss the dispute. Meetings shall continue weekly for a period of up to 30 days and shall include a Contractor's representative with decision authority above the project level. If these meetings result in resolution of the dispute, the resolution will be implemented in accordance with subsections 108.08, 109.04, 109.05, or 109.10 and the dispute is resolved. If these meetings do not result in a resolution or the participants mutually agree that they have reached an impasse, the dispute shall be presented to the Dispute Review Board in accordance with subsection 105.23. 105.23 Dispute Review Board. A Dispute Review Board (DRB) is an independent third party that will provide specialized expertise in technical areas and administration of construction contracts. The DRB will assist in and facilitate the timely and equitable resolution of disputes between CDOT and the Contractor in an effort to avoid animosity and construction delays, and to resolve disputes as close to the project level as possible. The DRB shall be established and operate as provided herein and shall serve as an independent and impartial board. There are two types of DRBs: the "On Demand DRB" and the "Standing DRB". The DRB shall be an "On Demand DRB" unless a "Standing DRB" is specified in the Contract. An On Demand DRB shall be established only when the Project Engineer initiates a DRB review in accordance with subsection 105.23(a). A Standing DRB, when specified in the Contract, shall be established at the beginning of the project. (a) Initiation of Dispute Review Board Review. When a dispute has not been resolved in accordance with subsection 105.22, the Project Engineer will initiate the DRB review process within 5 days after the period described in subsection 105.22(d). (b) Formation of Dispute Review Board. DRBs will be established in accordance with the following procedures: 1. CDOT, in conjunction with the Colorado Contractors Association, will maintain a statewide list of suggested DRB candidates experienced in construction processes and the interpretation of contract documents and the resolution of construction disputes. The Board members shall be experienced in highway and transportation projects. After December 31, 2013 only individuals who have completed training (currently titled DRB Administration & Practice Training) through the Dispute Resolution Board Foundation or otherwise approved by CDOT can be a DRB member. When a DRB is formed, the parties shall execute the agreement set forth in subsection 105.23(I). 2. If the dispute has a value of $250,000 or less, the On Demand DRB shall have one member. The Contractor and CDOT shall select the DRB member and execute the agreement within 30 days of initiating the DRB process. If the parties do not agree on the DRB member, each shall select five candidates. Each party shall numerically rank their list using a scale of one to five with one being their January 31, 2013 . 4 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS first choice and five being their last choice. If common candidates are listed, but the parties cannot agree, that common candidate with the lowest combined numerical ranking shall be selected. If there is no common candidate, the lists shall be combined and each party shall eliminate three candidates from the list. Each party shall then numerically rank the remaining candidates, with No. 1 being the first choice. The candidate with the lowest combined numerical ranking shall be the DRB member. The CDOT Project Engineer will be responsible for having all parties execute the agreement. 3. If the dispute has a value over $250,000, the On Demand DRB shall have three members. The Contractor and CDOT shall each select a member and those two members shall select a third. Once the third member is approved the three members will nominate one of them to be the Chair and execute the agreement within 45 days of initiating the DRB process. 4. The Standing DRB shall always have three members. The Contractor and CDOT shall each select a member and those two members shall select a third member. Once the third member is approved the three members will nominate one of them to be the Chair.. The Contractor and CDOT shall submit their proposed Standing DRB members within 5 days of execution of the Contract. The third member shall be selected within 15 days of execution of the Contract. Prior to construction starting the parties shall execute the Three Party Agreement. The CDOT Project Engineer will be responsible for having all parties execute the agreement. The Project Engineer will invite the Standing DRB members to the Preconstruction and any Partnering conferences. 5. DRB members shall not have been involved in the administration of the project under consideration. DRB candidates shall disclose to the parties the following relationships: (1) Prior employment with either party . (2) Prior or current financial interests or ties to either party (3) Prior or current professional relationships with either party (4) Anything else that might bring into question the impartiality or independence of the DRB member (5) Prior to agreeing to serve on a DRB, members shall notify all parties of any other CDOT DRB's they are serving or that they will be participating in another DRB. If either party objects to the selection of a potential DRB member based on the disclosures of the potential member, that potential member shall not be placed on the Board. 6. There shall be no ex parte communications with the DRB at any time. 7. The service of a Board member may be terminated only by written agreement of both parties. 8. If a Board member resigns, is unable to serve, or is terminated, a new Board member shall be selected within four weeks in the same manner as the Board me member who was removed was originally selected. (c) Additional Responsibilities of the Standing Disputes Review Board 1. General. Within 120 days after the establishment of the Board, the Board shall meet at a mutually agreeable location to: (1) Obtain copies of the Contract documents and Contractor's schedules for each of the Board members. (2) Agree on the location of future meetings, which shall be reasonably close to the project site. (3) Establish an address and telephone number for each Board member for the purposes of Board business. 2. Regular meetings. Regular meetings of the Board shall be held approximately every 120 to 180 days throughout the life of the Contract, except that this schedule may be modified to suit developments on the • job as the work progresses. Regular meetings shall be attended by representatives of the Contractor and the Department. 3. The Board shall establish an agenda for each meeting which will cover all items that the Board considers necessary to keep it abreast of the project such as construction status, schedule, potential problems and January 31, 2013 5 •REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS solutions, status of past claims and disputes, and potential claims and disputes. Copies of each agenda shall be submitted to the Contractor and the Department at least seven days before the meeting date. Oral or written presentations or both shall be made by the Contractor and the Department as necessary to give the Board all the data the Board requires to perform its functions. The Board will prepare minutes of each meeting, circulate them to all participants for comments and approval, and issue revised minutes before the next meeting. As a part of each regular meeting, a field inspection trip of all active segments of the work at the project site may be made by the Board, the Contractor, and the Department. 4. Advisory Opinions (1) Advisory opinions are typically used soon after the parties find they have a potential dispute and have conducted preliminary negotiations but before expenditure of additional resources and hardening their positions. Advisory opinions provide quick insight into the DRB's likely assessment of the dispute. This process is quick and may be entirely oral and does not prejudice the opportunity for a DRB hearing. (2) Both parties must agree to seek an advisory opinion and so notify the chairperson. The procedure for requesting and issuing advisory opinions should be discussed with the DRB at the first meeting with the parties. (3) The DRB may or may not issue a written opinion, but if a written advisory opinion is issued, it must be at the specific request of both parties. (4) The opinion is only advisory and does not require an acceptance or rejection by either party. If the dispute is not resolved and a hearing is held, the oral presentations and advisory opinion are completely disregarded and the DRB hearing procedure is followed. (5) Advisory opinions should be limited to merit issues only. (d) Arranging a Dispute Review Board Hearing. When the Project Engineer initiates the DRB review process, the • Project Engineer will: 1. Contact the Contractor and the DRB to coordinate an acceptable hearing date and time. The hearing shall be held at the Resident Engineer's office unless an alternative location is agreed to by both parties. Unless otherwise agreed to by both parties the DRB hearing will be held within 30 days after the DRB agreement is signed by the CDOT Chief Engineer. 2. Ensure DRB members have copies of all documents previously prepared by the Contractor and CDOT pertaining to the dispute, the DRB request, the Contract documents, and the special provisions at least two weeks before the hearing. (e) Pre -Hearing Submittal: At least fifteen days prior to the hearing, CDOT and the Contractor shall submit by e- mail to the DRB Chairperson their parties pre -hearing position paper. The DRB Chairperson shall simultaneously distribute by e-mail the pre -hearing position papers to all parties and other DRB members, if any. At the same time, each party shall submit a copy of all its supporting documents to be used at the hearing to all DRB Members and the other party unless the parties have agreed to a common set of documents as discussed in #2 below. In this case, CDOT shall submit the common set of documents to the Board and the Contractor. The pre -hearing position paper shall contain the following: 1. A joint statement of the dispute, and the scope of the desired decision. The joint statement shall summarize in a few sentences the nature of the dispute. If the parties are unable to agree on the wording of the joint statement, each party's position paper shall contain both statements, and identify the party authoring each statement. The parties shall agree upon a joint statement at least 20 days prior to the hearing and submit it to the DRB or each party's independent statement shall be submitted to the DRB and the other party at least 20 days prior to the hearing. 2. The basis and justification for the party's position, with reference to specific contract language and other supporting documents for each element of the dispute. To minimize duplication and repetitiveness, the parties may identify a common set of documents that will be referred to by both parties and submit them in a separate package to the DRB. The engineer will provide a hard copy of the project plans and Project January 31, 2013 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS and Standard Special Provisions, if necessary, to the DRB. Other standard CDOT documents such as Standard Specifications and M&S Standards are available on the CDOT website. (1) If any party contends that they are not necessary to the proceedings, the DRB shall determine that issue in the first instance. Should the DRB determine that a dispute does not involve a party, that party shall be relieved from participating in the DRB hearing and paying any further DRB costs. (2) When the scope of the hearing includes quantum, the requesting party's position paper shall include full cost details, calculated in accordance with methods set forth in subsection 105.24(b)12. The Scope of the hearing will not include quantum if CDOT has ordered an audit and that audit has not been completed. A list of proposed attendees at the hearing. In the event of any disagreement, the DRB shall make the final determination as to who attends the hearing. 4. A list of any intended experts including their qualifications and a summary of what their presentation will include and an estimate of the length of the presentation. The number of copies, distribution requirements, and time for submittal shall be established by the DRB and communicated to the parties by the Chairperson. A pre -hearing phone conference with all DRB members and the parties shall be conducted as soon as a hearing date is established but no later than 10 days prior to the hearing. The DRB Chairperson shall explain the specifics of how the hearing will be conducted including how the two parties will present their information to the DRB (Ex: Each party makes a full presentation of their position or presentations will be made on a "point by point" basis with each party making a presentation only on an individual dispute issue before moving onto to the next issue). If the pre -hearing position papers and documents have been received by the Board prior to the conference call, the DRB Chairperson shall at this conference discuss the estimated hours of review and research activities for this dispute (such as time spent evaluating and preparing recommendations on specific issues presented to the DRB). If the pre -hearing position papers and documents have not been received by the Board prior to the conference call, another conference call will be scheduled during the initial conference call to discuss the estimated hours of review. Compensation for time agreed to in advance by the parties will be made at an agreed rate of $125 per hour in accordance with subsection 105.23 (k) 2. Compensation for the phone conference time will also be made at an agreed to rate of $125 per hour in accordance with subsection 105.23 (k) 2. The Engineer shall coordinate the phone conference. (f) Dispute Review Board Nearing. The DRB shall preside over a hearing. The chairperson shall control the hearing and conduct it as follows: 1. An employee of CDOT presents a brief description of the project and the status of construction on the project. 2. The party that requested the DRB presents the dispute in detail as supported by previously submitted information and documentation in the pre -hearing position paper. No new information or disputes will be heard or addressed by the DRB. 3. The other party presents its position in detail as supported by previously submitted information and documentation in the pre -hearing position paper. No new information or disputes will be heard or addressed by the DRB. 4. Employees of each party are responsible for leading presentations at the DRB hearing. 5. Attorneys shall not participate in the hearing unless the DRB specifically addresses an issue to them or unless agreed to by both parties. Should the parties disagree on attorney participation, the DRB shall • decide on what, if any, participation will be permitted. Attorneys representing the parties are permitted to attend the hearing, provided their presence has been noted in the pre -hearing submittal. 6. Either party may use experts. A party intending to offer an outside expert's analysis at the hearing shall January 31, 2013 REVISION OF SECTION 105 DISPUTES AND CLAIMS. FOR CONTRACT ADJUSTMENTS disclose such intention in the pre -hearing position paper. The expert's name and a general statement of the area of the dispute that will be covered by his presentation shall be included in the disclosure. The other party may present an outside expert to address or respond to those issues that may be raised by the disclosing party's outside expert. 7. If both parties approve, the DRB may retain an outside expert. The DRB chairperson shall include the cost of the outside expert in the DRB's regular invoice. CDOT and the Contractor shall equally bear the cost of the services of the outside expert employed by the DRB. 8. Upon completion of their presentations and rebuttals, both parties and the DRB will be provided the opportunity to exchange questions and answers. All questions shall be directed to the chairperson first. Attendees may respond only when board members request a response. 9. The DRB shall hear only those disputes identified in the written request for the DRB and the information contained in the pre -hearing submittals. The board shall not hear or address other disputes. If either party attempts to discuss a dispute other than those to be heard by the DRB or attempts to submit new information, the chairperson shall inform such party that the board shall not hear the issue and shall not accept any additional information. The DRB shall not hear any issue or consider any information that was not contained in the Request for Equitable Adjustment and fully submitted to the Project Engineer and Resident Engineer during the 105.22 process. 10. If either party fails to timely deliver a position paper, the DRB may reschedule the hearing one time. On the final date and time established for the hearing, the DRB shall proceed with the hearing using the information that has been submitted. 11. If a party fails to appear at the hearing, the DRB shall proceed as if all parties were in attendance. (g) Dispute Review Board Recommendation. The DRB shall issue a Recommendation in accordance with the i following procedures: 1. The DRB shall not make a recommendation on the dispute at the meeting. Prior to the closure of the hearing, the DRB members and the Contractor and CDOT together will discuss the time needed for analysis and review of the dispute and the issuance of the DRB's recommendation. The maximum time shall be 30 days unless otherwise agreed to by both parties. At a minimum, the recommendation shall contain all the elements listed in Rule 35, Form of Award, of the Arbitration Regular Track Provisions listed at the end of subsection 105.24. 2. After the meeting has been closed, the DRB shall prepare a written Recommendation signed by each member of the DRB. In the case of a three member DRB, where one member dissents that member shall prepare a written dissent and sign it. 3. The chairperson shall transmit the signed Recommendation and any supporting documents to both parties. (h) Clarification and Reconsideration of Recommendation. Either party may request clarification or reconsideration of a decision within ten days following receipt of the Recommendation. Within ten days after receiving the request, the DRB shall provide written clarification or reconsideration to both parties unless otherwise agreed to by both parties. Requests for clarification or reconsideration shall be submitted in writing simultaneously to the DRB and to the other party. The Board shall not accept requests for reconsideration that amount to a renewal of a prior argument or additional argument based on facts available at the time of the hearing. The Board shall not consider any documents or arguments which have not been made a part of the pre -hearing submittal other than clarification and data supporting previously submitted documentation. Only one request for clarification or reconsideration per dispute from each party will be allowed. 0 January 31, 2013 • 8 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (i) Acceptance or Rejection of Recommendation. CDOT and the Contractor shall submit their written acceptance or rejection of the Recommendation, in whole or in part, concurrently to the other party and to the DRB within 14 days after receipt of the Recommendation or following receipt of responses to requests for clarification or reconsideration. If the parties accept the Recommendation or a discreet part thereof, it will be implemented in accordance with subsections 108.08, 109.04, 109.05, or 109.10 and the dispute is resolved. If either party rejects the Recommendation in whole or in part, it shall give written explanation to the other party within 14 days after receiving the Recommendation. When the Recommendation is rejected in whole or in part by either party, the other party may either abandon the dispute or pursue a formal claim in accordance with subsection 105.24. If either party fails to submit its written acceptance or rejection of the Dispute Board's recommendation, according to these specifications, such failure shall constitute that party's acceptance of the Board's recommendation. (j) Admissibility of Recommendation. Recommendations of a DRB issued in accordance with subsection 105.23 are admissible in subsequent proceedings but shall be prefaced with the following paragraph: This Recommendation may be taken under consideration with the understanding that: 1. The DRB Recommendation was a proceeding based on presentations by the parties. 2. No fact or expert witnesses presented sworn testimony or were subject to cross-examination. • 3. The parties to the DRB were not provided with the right to any discovery, such as production of documents or depositions. 4. There is no record of the DRB hearing other than the Recommendation. (k) Cost and Payments. 1. General Administrative Costs. The Contractor and the Department shall equally share the entire cost of the following to support the Board's operation: (1) Copies of Contract and other relevant documentation (2) Meeting space and facilities (3) Secretarial Services (4) Telephone (5) Mail (6) Reproduction (7) Filing 2. The Department and the Contractor shall bear the costs and expenses of the DRB equally. Each DRB board member shall be compensated at an agreed rate of $1,200 per day if time spent on -site per meeting is greater than four hours. Each DRB board member shall be compensated at an agreed rate of $800 per day if time spent on -site per meeting is less than or equal to four hours. The time spent traveling to and from each meeting shall be reimbursed at $50 per hour if the travel distance is more than 50 miles. The agreed daily and travel time rates shall be considered full compensation for on -site time, travel expenses, transportation, lodging, time for travel of more than 50 miles and incidentals for each day, or portion thereof that the DRB member is at an authorized DRB meeting. No additional compensation will be made for time spent by DRB members in review and research activities outside the official DRB meetings unless that time, (such as time spent evaluating and preparing recommendations on specific issues presented to the DRB), has been specifically agreed to in advance by the Department and Contractor. Time away from the project that has been specifically agreed to in advance by the parties will be compensated at an agreed rate of $125 per hour. The agreed amount of $125 per hour shall include all incidentals. Members serving on more than one DRB, regardless of the number of January 31, 2013 9 •REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS meetings per day, shall not be paid more than the all inclusive rate per day or rate per hour for an individual project. 3. Payments to Board Members and General Administrative Costs. Each Board member shall submit an invoice to the Contractor for fees and applicable expenses incurred each month following a month in which the Board members participated in Board functions. Such invoices shall be in the format established by the Contractor and the Department. The Contractor shall submit to the Department copies of all invoices. No markups by the Contractor will be allowed on any DRB costs. The Department will split the cost by authorizing 50 percent payment on the next progress payment. The Contractor shall make all payments in full to Board members within seven calendar days after receiving payment from the Department for this work. (1) Dispute Review Board Three Party Agreement. DISPUTE REVIEW BOARD THREE PARTY AGREEMENT COLORADO PROJECT NO. THIS THREE PARTY AGREEMENT, made as of the date signed by the Chief Engineer below, by and between: the Colorado Department of Transportation, hereinafter called the "Department'; and hereinafter called the "Contractor"; and and hereinafter called the "Dispute Review Board" or "Board". WHEREAS, the Department is now engaged in the construction of the and WHEREAS, the Contract provides for the establishment of a Board in accordance with subsections 105.22 and 105.23 of the specifications. NOW, THEREFORE, it is hereby agreed: ARTICLE I DESCRIPTION OF WORK AND SERVICES The Department and the Contractor shall form a Board in accordance with this agreement and the provisions of subsection 105.23. ARTICLE II COMMITMENT ON PART OF THE PARTIES HERETO The parties hereto shall faithfully fulfill the requirements of subsection 105.23 and the requirements of this agreement. • • C� January 31, 2013 10 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS ARTICLE III COMPENSATION The parties shall share equally in the cost of the Board, including general administrative costs (meeting space and facilities, secretarial services, telephone, mail, reproduction, filing) and the member's individual fees. Reimbursement of the Contractor's share of the Board expenses for any reason is prohibited. The Contractor shall make all payments in full to Board members. The Contractor will submit to the Department an itemized statement for all such payments, and the Department will split the cost by including 50 percent payment on the next progress payment. The Contractor and the Department will agree to accept invoiced costs prior to payment by the Contractor. DISPUTE REVIEW BOARD THREE PARTY AGREEMENT PAGE 2 COLORADO PROJECT NO. Board members shall keep all fee records pertaining to this agreement available for inspection by representatives of the Department and the Contractor for a period of three years after the termination of the Board members' services. Payment to each Board member shall be at the fee rates established in subsection 105.23 and agreed to by each Board member, the Contractor, and the Department. In addition, reimbursement will be made for applicable expenses. Each Board member shall submit an invoice to the Contractor for fees incurred each month following a month in which the members participated in Board functions. Such invoices shall be in the format established by the Contractor and the Department. Payments shall be made to each Board member within 60 days after the Contractor and Department have received all the applicable billing data and verified the data submitted by that member. The Contractor shall make payment to the Board member within seven calendar days of receipt of payment from the Department. ARTICLE IV ASSIGNMENT Board members shall not assign any of the work to be performed by them under this agreement. Board members shall disclose any conflicts of interest including but not limited to any dealings with the either party in the previous five years other than serving as a Board member under other contracts. ARTICLE V COMMENCEMENT AND TERMINATION OF SERVICES The commencement of the services of the Board shall be in accordance with subsection 105.23 of the specifications and shall continue until all assigned disputes under the Contract which may require the Board's services have been heard and a Recommendation has been issued by the Board as specified in subsection 105.23. If a Board member is unable to fulfill his responsibilities for reasons specified in subsection 105.23(b)7, he shall be replaced as provided therein, and the Board shall fulfill its responsibilities as though there had been no change. ARTICLE VI LEGAL RELATIONS January 31, 2013 11 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS The parties hereto mutually agree that each Board member in performance of his duties on the Board is acting as an independent contractor and not as an employee of either the Department or the Contractor. Board members will guard their independence and avoid any communication about the substance of the dispute without both parties being present. The Board members are absolved of any personal liability arising from the Recommendations of the Board. The parties agree that members of the dispute review board panel are acting as mediators for purposes of C.R.S. § 13-22-302(4) and, as such, the liability of any dispute review board member shall be limited to willful and wanton misconduct as provided for in C.R.S. § 13-22-305(6) DISPUTE REVIEW BOARD THREE PARTY AGREEMENT PAGE 3 COLORADO PROJECT NO. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed the day and year first written above. BOARD MEMBER: BY: BOARD MEMBER: BY: BOARD MEMBER: BY: CONTRACTOR: BY: TITLE: COLORADO DEPARTMENT OF TRANSPORTATION BY: Date: TITLE: CHIEF ENGINEER 105.24 Claims for Unresolved Disputes. The Contractor may file a claim only if the disputes resolution process described in subsections 105.22 and 105.23 has been exhausted without resolution of the dispute. Other methods of nonbinding dispute resolution, exclusive of arbitration and litigation, can be used if agreed to by both parties. This subsection applies to any unresolved dispute or set of disputes between CDOT and the Contractor with an aggregate value of more than $15,000. Unresolved disputes with an aggregate value of more than $15,000 from subcontractors, materials suppliers or any other entity not a party to the Contract shall be submitted through the Contractor in accordance with this subsection as a pass -through claim. Review of a pass -through claim does not create privity of Contract between CDOT and any other entity. Subsections 105.22, 105.23 and 105.24 provide both contractual alternative dispute resolution processes and constitute remedy -granting provisions pursuant to Colorado Revised Statutes which must be exhausted in their entirety. • January 31, 2013 12 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Merit -binding arbitration or litigation proceedings must commence within 180-calendar days of the Chief Engineer's decision, absent written agreement otherwise by both parties. The venue for all unresolved disputes with an aggregate value $15,000 or less'shall be the County Court for the City and County of Denver. Non -binding Forms of alternative dispute resolution such as Mediation are available upon mutual agreement of the parties for all claims submitted in accordance with this subsection. The cost of the non -binding ADR process shall be shared equally by both parties with each party bearing its own preparation costs. The type of nonbinding ADR process shall be agreed upon by the parties and shall be conducted within the State of Colorado at a mutually acceptable location. Participation in a nonbinding ADR process does not in any way waive the requirement that merit -binding arbitration or litigation proceedings must commence within 180-calendar days of the Chief Engineer's decision, absent written agreement otherwise by both parties. (a) Notice of Intent to File a Claim Within 30 days after rejection of the Dispute Resolution Board's Recommendation issued in accordance with subsection 105.23, the Contractor shall provide the Region Transportation Director with a written notice of intent to file a claim. The Contractor shall also send a copy of this notice to the Resident Engineer. For the purpose of this subsection Region Transportation Director shall mean the Region Transportation Director or the Region Transportation Director's designated representative. CDOT will acknowledge in writing receipt of Notice of Intent within 7 days. (b) Claim Package Submission. Within 60 days after submitting the notice of intent to file a claim, the Contractor • shall submit five copies of a complete claim package representing the final position the Contractor wishes to have considered. All claims shall be in writing and in sufficient detail to enable the RTD to ascertain the basis and amount of claim. The claim package shall include all documents supporting the claim, regardless of whether such documents were provided previously to CDOT. If requested by the Contractor the 60 day period may be extended by the RTD in writing prior to final acceptance. As a minimum, the following information shall accompany each claim. 1. A claim certification containing the following language, as appropriate: A. For a direct claim by the Contractor: CONTRACTOR'S CLAIM CERTIFICATION Under penalty of law for perjury or falsification, the undersigned, (name) (title) of (company) hereby certifies that the claim of $ for extra compensation and _ Days additional time, made herein for work on this contract is true to the best of my knowledge and belief and supported under the Contract between the parties. This claim package contains all available documents that support the claims made herein and I understand that no additional information, other than for clarification and data supporting previously submitted documentation, may be presented by me. Dated /s/_ Subscribed and sworn before me this _ day of NOTARY PUBLIC My Commission Expires: . B. For a pass -through claim: PASS -THROUGH CLAIM CERTIFICATION AD l: COSTS 700-70010 FIA MINOR` CT REVISIONS FA 1 f$8 ,000.0b $80,000.00 700-70011 F/A PARTNERING $2,500.00 $2,600.00 700-70016 F/A FUEL COST ADJUSTMENT _ FA 1. $3.000.00 $3,000.00 700-70019 F/A_ASPHALT CEMENT COST AD MI Nr F 1 $5,000.00 $Q,000,00 TOTAL ADDITIO STS $90,500.00 TOTAL BASE BID TOTAL BASE BID IN WORDS (CONTRACT VALUE(: ACCEPTANCE OF FUEL COST ADJUSTMENTS: Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of Section 169 - Fuel Cost Adjustment. To accept this standard special provision, the bidder must fill in an "X" next to "YES" below. No Fuel Cost Adjustment will be made due to fuel cost changes for bidders who answer "NO",. If neither line is marked, the Department will assume the bidder rejects Fuel Cost Adjustments for this project. After bids are submitted, bidders will not be given any other opportunity to accept or reject this adjustment. (Mark only one line with an "X"): — YES, I choose to accept Fuel Cost Adjustments for this project X NO, I choose NOT to accept Fuel Cost Adjustments for this project (if neither line is .marked, the default is "NO", I choose NOT to accept Fuel Cost Adjustments for this project. January 31, 2013 13 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Under penalty of law for perjury or falsification, the undersigned, (name) (title) , of (company) , hereby certifies that the claim of $ for extra compensation and _ Days additional time, made herein for work on this Project is true to the best of my knowledge and belief and supported under the contract between the parties. This.claim package contains all available documents that support the claims made herein and I understand that no additional information, other than for clarification and data supporting previously submitted documentation, may be presented by me. Dated /s/ _ Subscribed and sworn before me this _day of NOTARY PUBLIC My Commission Expires: Dated /s The Contractor certifies that the claim being passed through to CDOT is passed through in good faith and is accurate and complete to the best of my knowledge and belief. Dated Subscribed and sworn before me this _ day of NOTARY PUBLIC Commission Expires: _ 2. A detailed factual statement of the claim for additional compensation, time, or both, providing all • necessary dates, locations, and items of work affected by the claim. The Contractor's detailed factual statement shall expressly describe the basis of the claim and factual evidence supporting the claim. This requirement is not satisfied by simply incorporating into the claim package other documents that describe the basis of the claim and supporting factual evidence. 3. The date on which facts were discovered which gave rise to the claim. 4. The name, title, and activity of all known CDOT, Consultant, and other individuals who may be knowledgeable about facts giving rise to such claim. 5. The name, title, and activity of all known Contractor, subcontractor, supplier and other individuals who may be knowledgeable about facts giving rise to such claim. 6. The specific provisions of the Contract, which support the claim and a statement of the reasons why such provisions support the claim. 7. If the claim relates to a decision of the Project Engineer, which the Contract leaves to the Project Engineer's discretion, the Contractor shall set out in detail all facts supporting its position relating to the decision of the Project Engineer. 8. The identification of any documents and the substance of all oral communications that support the claim. 9. Copies of all known documents that support the claim. 10. The Dispute Review Board Recommendation. 11. If an extension of contract time is sought, the documents required by subsection 108.08(d). 12. If additional compensation is sought, the exact amount sought and a breakdown of that amount into the following categories: A. These categories represent the only costs that are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1) Actual wages and benefits, including FICA, paid for additional labor (2) Costs for additional bond, insurance and tax January 31, 2013 • 14 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (3) Increased costs for materials (4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and based on certified invoice costs for rented equipment (5) Costs of extended job site overhead (6) Salaried employees assigned to the project (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is required for all such claims) (8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead. (9) Interest shall be paid in accordance with CRS 5-12-102 beginning from the date of the Notice of Intent to File Claim B. In adjustment for the costs as allowed above, the Department will have no liability for the following items of damages or expense: (1) Profit in excess of that provided in 12.A.(8) above (2) Loss of Profit (3) Additional cost of labor inefficiencies in excess of that provided in A. above (4) Home office overhead in excess of that provided in A. above (5) Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities, and insolvency (6) Indirect costs or expenses of any nature in excess of that provided in A. above (7) Attorney's fees, claim preparation fees, and expert fees • (c) Audit. An audit may be performed by the Department for any dispute or claim, and is mandatory for all disputes and claims with amounts greater than $250,000. All audits will be complete within 60 days of receipt of the complete claim package, provided the Contractor allows the auditors reasonable and timely access to the Contractor's books and records. For all claims with amounts greater than $250,000 the Contractor shall submit a copy of certified claim package directly to the CDOT Audit Unit at the following address: Division of Audit 4201 E. Arkansas Ave Denver, Co. 80222 (d) Region Transportation Director Decision. When the Contractor properly files a claim, the RTD will review the claim and render a written decision to the Contractor to either affirm or deny the claim, in whole or in part, in accordance with the following procedure. The RTD may consolidate all related claims on a project and issue one decision, provided that consolidation does not extend the time period within which the RTD is to render a decision. Consolidation of unrelated claims will not be made. The RTD will render a written decision to the Contractor within 60 days after the receipt of the claim package or receipt of the audit whichever is later. In rendering the decision, the RTD: (1) will review the information in the Contractor's claim; (2) will conduct a hearing if requested by either party; and (3) may consider any other information available in rendering a decision. The RTD will assemble and maintain a claim record comprised of all information physically submitted by the Contractor in support of the claim and all other discoverable information considered by the RTD in reaching a decision. Once the RTD assembles the claim record, the submission and consideration of additional information, other than for clarification and data supporting previously submitted documentation, at any subsequent level of review by anyone, will not be permitted. • The RTD will provide a copy of the claim record and the written decision to the Contractor describing the information considered by the RTD in reaching a decision and the basis for that decision. If the RTD fails to render a written decision within the 60 day period, or within any extended time period as agreed to by both parties, the Contractor shall either: (1) accept this as a denial of the claim, or (2) appeal the claim to the Chief January 31, 2013 15 •REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Engineer, as described in this subsection. If the Contractor accepts the RTD decision, the provisions of the decision shall be implemented in accordance with subsections 108.08, 109.04, 109.05, or 109.10 and the claim is resolved. If the Contractor disagrees with the RTD decision, the Contractor shall either: (1) accept the RTD decision as final, or (2) file a written appeal to the Chief Engineer within 30 days from the receipt of the RTD decision. The Contractor hereby agrees that if a written appeal is not properly filed, the RTD decision is final. (e) Chief Engineer Decision. When a claim is appealed, the RTD will provide the claim record to the Chief Engineer. Within 15 days of the appeal either party may submit a written request for a hearing with the Chief Engineer or duly authorized Headquarters delegates. The Chief Engineer or a duly authorized Headquarters delegate will review the claim and render a decision to affirm, overrule, or modify the RTD decision in accordance with the following. The Contractor's written appeal to the Chief Engineer will be made a part of the claim record. The Chief Engineer will render a written decision within 60 days after receiving the written appeal. The Chief Engineer will not consider any information that was not previously made a part of the claim record, other than clarification and data supporting previously submitted documentation. The Contractor shall have 30 days to accept or reject the Chief Engineer's decision. The Contractor shall notify the Chief Engineer of its acceptance or rejection in writing. If the Contractor accepts the Chief Engineer's decision, the provisions of the decision will be implemented in accordance with subsections 108.08, 109.04, 109.05, or 109.10 and the claim is resolved. If the Contractor disagrees with the Chief Engineer's decision, the Contractor shall either (1) pursue an . alternative dispute resolution process in accordance with this specification or (2) initiate litigation or merit binding arbitration in accordance with subsection 105.24(f). If the Chief Engineer does not issue a decision as required, the Contractor may immediately initiate either litigation or merit binding arbitration in accordance with subsection 105.24(f). For the convenience of the parties to the Contract it is mutually agreed by the parties that any merit binding arbitration or De Novo litigation shall be brought within 180-calendar days from the date of the Chief Engineer's decision. The parties understand and agree that the Contractor's failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action. (f) De Novo Litigation or Merit Binding Arbitration. If the Contractor disagrees with the Chief Engineer's decision, the Contractor may initiate de novo litigation or merit binding arbitration to finally resolve the claim that the Contractor submitted to CDOT, depending on which option was selected by the Contractor on Form 1378 which shall be submitted at the preconstruction conference. Such litigation or arbitration shall be strictly limited to those claims that were previously submitted and decided in the contractual dispute and claims processes outlined herein. This does not preclude the joining in one litigation or arbitration of multiple claims from the same project provided that each claim has gone through the dispute and claim process specified in subsections 105.22 through 105.24. The parties may agree, in writing, at any time, to pursue some other form of alternative dispute resolution. Any offer made by the Contractor or the Department at any stage of the claims process, as set forth in this subsection, shall be deemed an offer of settlement pursuant to Colorado Rule of Evidence 408 and therefore inadmissible in any litigation or arbitration. If the Contractor selected litigation, then de novo litigation shall proceed in accordance with the Colorado Rules of Civil Procedure and the proper venue is the Colorado State District Court in and for the City and County of Denver, unless both parties agree to the use of arbitration. January 31, 2013 • 16 , REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS If the Contractor selected merit binding arbitration, or if both parties subsequently agreed to merit binding arbitration, arbitration shall be governed by the modified version of AAA's Construction Industry Arbitration Rules which follow. Pursuant to the modified arbitration rules (R35 through R39), the arbitrators shall issue a binding decision with regard to entitlement and a non -binding decision with regard to quantum. If either party disagrees with the decision on quantum, the disagreeing party may seek a trial de novo in Denver District Court with regard to quantum only. • L� January 31, 2013 17 •REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS AMERICAN ARBITRATION ASSOCIATION CONSTRUCTION INDUSTRY ARBITRATION RULES MODIFIED FOR USE WITH CDOT SPECIFICATION SUBSECTION 105.24 REGULAR TRACK PROCEDURES R-1. Agreement of Parties (a) The parties shall be deemed to have made these rules a part of their Contract. These rules and any amendments shall apply in the form in effect at the time the administrative requirements are met for a demand for arbitration. The parties, by written agreement, may vary the procedures set forth in these rules. After appointment of the arbitrator, such modifications may be made only with the consent of the arbitrator. (b) Unless the parties determine otherwise, the Fast Track Procedures shall apply in any case in which aggregate claims do not exceed $75,000, exclusive of interest and arbitration fees and costs. Parties may also agree to use these procedures in larger cases. Unless the parties agree otherwise, these procedures will not apply in cases involving more than two parties except for pass -through claims. The Fast Track Procedures shall be applied as described in Sections F-1 through F-13 of these rules, in addition to any other portion of these rules that is not in conflict with the Fast Track Procedures. (c) Unless the parties agree otherwise, the Procedures for Large, Complex Construction Disputes shall apply to all cases in which the disclosed aggregate claims of any party is at least $500,000, exclusive of claimed interest, arbitration fees and costs. Parties may also agree to use these procedures in cases involving claims under $500,000, or in nonmonetary cases. The Procedures for Large, Complex Construction Disputes shall be applied as described in Sections L-1 through L-4 of these rules, in addition to any other portion of these rules that is not in conflict with the Procedures for Large, Complex Construction Disputes. (d) All other cases shall be administered in accordance with Sections R-1 through R-45 of these rules. R-2. Independent Arbitration Provider and Delegation of Duties When parties agree to arbitrate under these rules, or when they provide for arbitration by an independent third - party (Arbitration Provider) and arbitration is initiated under these rules, they thereby authorize the Arbitration Provider to administer the arbitration. The authority and duties of the Arbitration Provider are prescribed in the parties' Contract and in these rules, and may be carried out through such of the Arbitration Provider's representatives as it may direct. The Arbitration Provider will assign the administration of an arbitration to its Denver office R-3. Initiation of Arbitration Arbitration shall be initiated in the following manner. (a) The Contractor shall, within 30 days after the Chief Engineer issues a decision, submit to the Chief Engineer written notice of its intention to arbitrate (the "demand"). The demand shall indicate the appropriate qualifications for the arbitrator(s) to be appointed to hear the arbitration. (b) CDOT may file an answering statement with the Contractor within 15 days after receiving the demand. If a counterclaim is asserted, it shall contain a statement setting forth the nature of the counterclaim, the amount involved, if any, and the remedy sought. • (c) The Chief Engineer shall retain an Arbitration Provider, such as the American Arbitration Association, which will administer an arbitration pursuant to these Rules, except to the extent that such rules conflict with the January 31, 2013 • 18 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS specifications, in which case the specifications shall control. (d) The Arbitration Provider shall confirm its retention to the parties. R-4. Consolidation or Joinder If the parties' agreement or the law provides for consolidation or joinder of related arbitrations, all involved parties will endeavor to agree on a process to effectuate the consolidation or joinder. If they are unable to agree, the Arbitration Provider shall directly appoint a single arbitrator for the limited purpose of deciding whether related arbitrations should be consolidated or joined and, if so, establishing a fair and appropriate process for consolidation or joinder. The Arbitration Provider may take reasonable administrative action to accomplish the consolidation or joinder as directed by the arbitrator. R-5. Appointment of Arbitrator An arbitrator shall be appointed in the following manner: (a) Immediately after the Arbitration Provider is retained, the Arbitration Provider shall send simultaneously to each party to the dispute an identical list of 10 names of potential arbitrators. The parties are encouraged to agree to an arbitrator from the submitted list and to advise the AAA of their agreement. Absent agreement of the parties, the arbitrator shall not have served as the mediator in the mediation phase of the instant proceeding. . (b) If the parties cannot agree to arbitrator(s), each party to the dispute shall have 15 calendar days from the transmittal date in which to strike names objected to, number the remaining names in order of preference, and return the list to the Arbitration Provider. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the Arbitration Provider shall invite an arbitrator to serve. (c) Unless both parties agree otherwise one arbitrator shall be used for claims less than $250,000 and three arbitrators shall be used for claims $250,000 and greater. Within 15 calendar days from the date of the appointment of the last arbitrator, the Arbitration Provider shall appoint a chairperson. (d) The entire claim record will be made available to the arbitrators by the Chief Engineer within 15 calendar days from the date of the appointment of the last arbitrator. R-6. Changes of Claim The arbitrator(s) will not consider any information that was not previously made a part of the claim record as transmitted by the Chief Engineer, other than clarification and data supporting previously submitted documentation. R-7. Disclosure (a) Any person appointed or to be appointed as an arbitrator shall disclose to the Arbitration Provider any circumstance likely to give rise to justifiable doubt as to the arbitrator's impartiality or independence, including any bias or any interest in the result of the arbitration or any relationship with the parties or their representatives. Such obligation shall remain in effect throughout the arbitration. (b) Upon receipt of such information from the arbitrator or another source, the Arbitration Provider shall communicate the information to the parties and, if it deems it appropriate to do so, to the arbitrator and others. January 31, 2013 19 .REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (c) In order to encourage disclosure by arbitrators, disclosure of information pursuant to this Section R-6 is not to be construed as an indication that the arbitrator considers that the disclosed circumstances are likely to affect impartiality or independence. (d) In no case shall an arbitrator be employed by, affiliated with, or have consultive or business connection with the claimant Contractor or CDOT. An arbitrator shall not have assisted either in the evaluation, preparation, or presentation of the claim case either for the Contractor or the Department or have rendered an opinion on the merits of the claim for either party, and shall not do so during the proceedings of arbitration. R-8. Disqualification of Arbitrator (a) Any arbitrator shall be impartial and independent and shall perform his or her duties with diligence and in good faith, and shall be subject to disqualification for: (i) partiality or lack of independence, (ii) inability or refusal to perform his or her duties with diligence and in good faith; and/or (iii) any grounds for disqualification provided by applicable law. (b) Upon objection of a party to the continued service of an arbitrator, or on its own initiative, the Arbitration Provider shall determine whether the arbitrator should be disqualified under the grounds set out above, and shall inform the parties of its decision, which decision shall be conclusive. R-9. Communication with Arbitrator No party and no one acting on behalf of any party shall communicate ex parte with an arbitrator or a candidate for arbitrator concerning the arbitration. R-10. Vacancies (a) If for any reason an arbitrator is unable to perform the duties of the office, the Arbitration Provider may, on proof satisfactory to it, declare the office vacant. Vacancies shall be filled in accordance with the applicable provisions of these rules. (b) In the event of a vacancy in a panel of neutral arbitrators after the hearings have commenced, the remaining arbitrator or arbitrators may continue with the hearing and determination of the controversy, unless the parties agree otherwise. (c) In the event of the appointment of a substitute arbitrator, the panel of arbitrators shall determine in its sole discretion whether it is necessary to repeat all or part of any prior hearings. R-11. Jurisdiction (a) The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement. (b) The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitrator that the contract is null and void shall not for that reason alone render invalid the arbitration clause. (c) A party must object to the jurisdiction of the arbitrator or to the arbitrability of a claim or counterclaim no later than 15 days after the Arbitration Provider confirms its retention to the parties. The arbitrator may rule on such objections as a preliminary matter or as part of the final award. R-12. Administrative Conference January 31, 2013 20 • REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS At the request of any party or upon the Arbitration Provider's own initiative, the Arbitration Provider may conduct an administrative conference, in person or by telephone, with the parties and/or their representatives. The conference may address such issues as arbitrator selection, potential exchange of information, a timetable for hearings and any other administrative matters. R-13. Preliminary Hearing (a) At the request of any party or at the discretion of the arbitrator or the Arbitration Provider, the arbitrator may schedule as soon as practicable a preliminary hearing with the parties and/or their representatives. The preliminary hearing may be conducted by telephone at the arbitrator's discretion. (b) During the preliminary hearing, the parties and the arbitrator should discuss the future conduct of the case, including clarification of the issues and claims, a schedule for the hearings and any other preliminary matters. R-14. Exchange of Information (a) At the request of any party or at the discretion of the arbitrator, consistent with the expedited nature of arbitration, the arbitrator may direct: (i) the production of documents and other information; (ii) short depositions, particularly with regard to experts; and/or (iii) the identification of any witnesses to be called. (b) At least five business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. • (c) The arbitrator is authorized to resolve any disputes concerning the exchange of information. (d) Additional discovery may be ordered by the arbitrator in extraordinary cases when the demands of justice require it. R-15. Date, Time, and Place of Hearing (a) The arbitrator shall set the date, time, and place for each hearing and/or conference. The parties shall respond to requests for hearing dates in a timely manner, be cooperative in scheduling the earliest practicable date, and adhere to the established hearing schedule. (b) The parties may mutually agree on the locale where the arbitration is to be held. Absent such agreement, the arbitration shall be held in the City and County of Denver. (c) The Arbitration Provider shall send a notice of hearing to the parties at least ten calendar days in advance of the hearing date, unless otherwise agreed by the parties. R-16. Attendance at Hearings The arbitrator and the Arbitration Provider shall maintain the privacy of the hearings unless the law provides to the contrary. Any person having a direct interest in the arbitration is entitled to attend hearings. The arbitrator shall otherwise have the power to require the exclusion of any witness, other than a party or other essential person, during the testimony of any other witness. It shall be discretionary with the arbitrator to determine the propriety of the attendance of any person other than a party and its representative. R-17. Representation • Any party may be represented by counsel or other authorized representative. A party intending to be so represented shall notify the other party and the Arbitration Provider of the name and address of the representative at least three calendar days prior to the date set for the hearing at which that person is first to appear. January 31, 2013 21 •REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS R-18. Oaths Before proceeding with the first hearing, each arbitrator may take an oath of office and, if required by law, shall do so. The arbitrator may require witnesses to testify under oath administered by any duly qualified person and, if it is required by law or requested by any party, shall do so. R-19. Stenographic Record Any party desiring a stenographic record shall make arrangements directly with a stenographer and shall notify the other parties of these arrangements at least three days in advance of the hearing. The requesting party or parties shall pay the cost of the record. If the transcript is agreed by the parties, or determined by the arbitrator to be the official record of the proceeding, it must be provided to the arbitrator and made available to the other parties for inspection, at a date, time, and place determined by the arbitrator. R-20.Interpreters Any party wishing an interpreter shall make all arrangements directly with the interpreter and shall assume the costs of the service. R-21. Postponements The arbitrator for good cause shown may postpone any hearing upon agreement of the parties, upon request of a party, or upon the arbitrator's own initiative. • R-22. Arbitration in the Absence of a Party or Representative Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative who, after due notice, fails to be present or fails to obtain a postponement. An award shall not be made solely on the default of a party. The arbitrator shall require the party who is present to submit such evidence as the arbitrator may require for the making of an award. R-23. Conduct of Proceedings (a) The Contractor shall present evidence to support its claim. CDOT shall then present evidence supporting its defense. Witnesses for each party shall also submit to questions from the arbitrator and the adverse party. The arbitrator has the discretion to vary this procedure; provided that the parties are treated with equality and that each party has the right to be heard and is given a fair opportunity to present its case. (b) The arbitrator, exercising his or her discretion, shall conduct the proceedings with a view to expediting the resolution of the dispute and may direct the order of proof, bifurcate proceedings, and direct the parties to focus their presentations on issues the decision of which could dispose of all or part of the case. The arbitrator shall entertain motions, including motions that dispose of all or part of a claim or that may expedite the proceedings, and may also make preliminary rulings and enter interlocutory orders. (c) The parties may agree to waive oral hearings in any case. R-24. Evidence (a) The arbitrators shall consider all written information available in the claim record and all oral presentations in • support of that record by the Contractor and CDOT. Conformity to legal rules of evidence shall not be necessary. (b) The arbitrators shall not consider any written documents or arguments which have not previously been made January 31, 2013 • 22 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS a part of the claim record, other than clarification and data supporting previously submitted documentation. The arbitrators shall not consider an increase in the amount of the claim, or any new claims. (c) The arbitrator shall determine the admissibility, relevance, and materiality of any evidence offered. The arbitrator may request offers of proof and may reject evidence deemed by the arbitrator to be cumulative, unreliable, unnecessary, or of slight value compared to the time and expense involved. All evidence shall be taken in the presence of all of the arbitrators and all of the parties, except where: (i) any of the parties is absent, in default, or has waived the right to be present, or (ii) the parties and the arbitrators agree otherwise. (d) The arbitrator shall take into account applicable principles of legal privilege, such as those involving the confidentiality of communications between a lawyer and client. (e) An arbitrator or other person authorized by law to subpoena witnesses or documents may do so upon the request of any party or independently. R-25. Evidence by Affidavit and Post -hearing Filing of Documents or Other Evidence (a) The arbitrator may receive and consider the evidence of witnesses by declaration or affidavit, but shall give it only such weight as the arbitrator deems it entitled to after consideration of any objection made to its admission. (b) If the parties agree or the arbitrator directs that documents or other evidence be submitted to the arbitrator after the hearing, the documents or other evidence, unless otherwise agreed by the parties and the arbitrator, • shall be filed with the Arbitration Provider for transmission to the arbitrator. All parties shall be afforded an opportunity to examine and respond to such documents or other evidence. R-26. Inspection or Investigation An arbitrator finding it necessary to make an inspection or investigation in connection with the arbitration shall direct the Arbitration Provider to so advise the parties. The arbitrator shall set the date and time and the Arbitration Provider shall notify the parties. Any party who so desires may be present at such an inspection or investigation. In the event that one or all parties are not present at the inspection or investigation, the arbitrator shall make an oral or written report to the parties and afford them an opportunity to comment. R-27.Interim Measures (a) The arbitrator may take whatever interim measures he or she deems necessary, including injunctive relief and measures for the protection or conservation of property and disposition of perishable goods. (b) A request for interim measures addressed by a party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. R-28. Closing of Hearing When satisfied that the presentation of the parties is complete, the arbitrator shall declare the hearing closed. If documents or responses are to be filed as provided in Section R-24, or if briefs are to be filed, the hearing shall be declared closed as of the final date set by the arbitrator for the receipt of documents, responses, or briefs. The time limit within which the arbitrator is required to make the award shall commence to run, in the absence of other . agreements by the parties and the arbitrator, upon the closing of the hearing. R-29. Reopening of Hearing • 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. 10 (Seal - if Bid is by E RESPECTFULLY SUBMITTED: 7-6jc Printed Date isL - p t2Sideiak Title License Number (If Applicable) 13 Telephone Email� W e A YJLC2'0�.&rV,C&'ry\ January 31, 2013 23 •REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS The hearing may be reopened on the arbitrator's initiative, or by direction of the arbitrator upon application of a party, at any time before the award is made. If reopening the hearing would prevent the making of the award within the specific time agreed to by the parties in the arbitration agreement, the matter may not be reopened unless the parties agree to an extension of time. When no specific date is fixed by agreement of the parties, the arbitrator shall have 15 calendar days from the closing of the reopened hearing within which to make an award. R-30. Waiver of Rules Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has not been complied with and who fails to state an objection in writing shall be deemed to have waived the right to object. R-31. Extensions of Time The parties may modify any period of time by mutual agreement. The Arbitration Provider or the arbitrator may for good cause extend any period of time established by these rules, except the time for making the award. The Arbitration Provider shall notify the parties of any extension. R-32. Serving of Notice (a) Any papers, notices, or process necessary or proper for the initiation or continuation of an arbitration under these rules; for any court action in connection therewith, or for the entry of judgment on any award made under these rules, may be served on a party by mail addressed to the party or its representative at the last known address or by personal service, in or outside the state where the arbitration is to be held, provided that • reasonable opportunity to be heard with regard thereto has been granted to the party. (b) The Arbitration Provider, the arbitrator and the parties may also use overnight delivery, electronic facsimile transmission (fax), or electronic mail (email) to give the notices required by these rules. (c) Unless otherwise instructed by the Arbitration Provider or by the arbitrator, any documents submitted by any party to the Arbitration Provider or to the arbitrator shall simultaneously be provided to the other party or parties to the arbitration. R-33. Majority Decision When the panel consists of more than one arbitrator, unless required by law or by the arbitration agreement, a majority of the arbitrators must make all decisions. R-34. Time of Award The award shall be made promptly by the arbitrator and, unless otherwise agreed by the parties or specified by law, no later than 30 calendar days from the date of closing the hearing, or, if oral hearings have been waived, from the date of the Arbitration Provider's transmittal of the final statements and proofs to the arbitrator. R-35. Form of Award After complete review of the facts associated with the claim, the arbitrators shall render a written explanation of their decision. When three arbitrators are used, and only two arbitrators agree then the award shall be signed by the two arbitrators. The arbitrator's decision shall include: (a) A summary of the issues and factual evidence presented by the Contractor and the Department concerning • the claim; January 31, 2013 • 24 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (b) Decisions concerning the validity of the claim; (c) Decisions concerning the value of the claim as to cost impacts if the claim is determined to be valid; (d) The contractual and factual bases supporting the decisions made including an explanation as to why each and every position was accepted or rejected; (e) Detailed and supportable calculations which support any decisions. R-36. Scope of Award (a) The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable and within the scope of the agreement of the parties, including, but not limited to, equitable relief and specific performance of a contract. (b) In addition to the final award, the arbitrator may make other decisions, including interim, interlocutory, or partial rulings, orders, and awards. (c) The award of the arbitrator may include interest at the statutory rate and from such date as the arbitrator may deem appropriate. R-37. Delivery of Award to Parties Parties shall accept as notice and delivery of the award the placing of the award or a true copy thereof in the mail addressed to the parties or their representatives at the last known address, personal or electronic service of the is award, or the filing of the award in any other manner that is permitted by law. R-38. Modification of Award Within 10 calendar days after the transmittal of an award, the arbitrator on his or her initiative, or any party, upon notice to the other parties, may request that the arbitrator correct any clerical, typographical, technical or computational errors in the award. The arbitrator is not empowered to redetermine the merits of any claim already decided. If the modification request is made by a party, the other parties shall be given 10 calendar days to respond to the request. The arbitrator shall dispose of the request within 25 calendar days after transmittal by the Arbitration Provider to the arbitrator of the request. If applicable law provides a different procedural time frame, that procedure shall be followed. R-39. Appeal of Award Appeal of the arbitrators' decision concerning the merit of the claim is governed by the Colorado Uniform Arbitration Act, C.R.S. §§ 13-22-202 to -230. Either party may appeal the arbitrator's decision on the value of the claim to the Colorado State District Court in and for the City and County of Denver for trial de novo. R-40. Release of Documents for Judicial Proceedings The Arbitration Provider shall, upon the written request of a party, furnish to the party, at its expense, certified copies of any papers in the Arbitration Provider's possession that may be required in judicial proceedings relating to the arbitration. • R-41. Applications to Court and Exclusion of Liability (a) No judicial proceeding by a party relating to the subject matter of the arbitration shall be deemed a waiver of January 31, 2013 25 •REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS the party's right to arbitrate. (b) Neither the Arbitration Provider nor any arbitrator in a proceeding under these rules is a necessary or proper party in judicial proceedings relating to the arbitration. (c) Parties to these rules shall be deemed to have consented that judgment upon the arbitration award may be entered in any federal or state court having jurisdiction thereof. (d) Parties to an arbitration under these rules shall be deemed to have consented that neither the Arbitration Provider nor any arbitrator shall be liable to any party in any action for damages or injunctive relief for any act or omission in connection with any arbitration under these rules. R-42. Administrative Fees The Arbitration Provider shall prescribe filing and other administrative fees and service charges to compensate it for the cost of providing administrative services. The fees in effect when the fee or charge is incurred shall be applicable. Such fees and charges shall be borne equally by the parties. The Arbitration Provider may, in the event of extreme hardship on the part of any party, defer or reduce the administrative fees. R-43. Expenses The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses • of the arbitration, including required travel and other expenses of the arbitrator, Arbitration Provider representatives, and any witness and the cost of any proof produced at the direct request of the arbitrator, shall be borne equally by the parties. R-44. Neutral Arbitrator's Compensation Arbitrators shall be compensated a rate consistent with the arbitrator's stated rate of compensation. If there is disagreement concerning the terms of compensation, an appropriate rate shall be established with the arbitrator by the Arbitration Provider and confirmed to the parties. Such compensation shall be borne equally by the parties. R-45. Deposits The Arbitration Provider may require the parties to deposit in advance of any hearings such sums of money as it deems necessary to cover the expense of the arbitration, including the arbitrator's fee, if any, and shall render an accounting to the parties and return any unexpended balance at the conclusion of the case. R-46. Interpretation and Application of Rules The arbitrator shall interpret and apply these rules insofar as they relate to the arbitrator's powers and duties by a majority vote. If that is not possible, either an arbitrator or a party may refer the question to the Arbitration Provider for final decision. All other rules shall be interpreted and applied by the Arbitration Provider. R-45. Suspension for Nonpayment • If arbitrator compensation or administrative charges have not been paid in full, the Arbitration Provider may so January 31, 2013 . 26 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS inform the parties in order that the parties may advance the required payment. If such payments are not made, the arbitrator may order the suspension or termination of the proceedings. If no arbitrator has yet been appointed, the Arbitration Provider may suspend the proceedings. FAST TRACK PROCEDURES F-1. Limitations on Extensions In the absence of extraordinary circumstances, the Arbitration Provider or the arbitrator may grant a party no more than one seven-day extension of the time in which to respond to the demand for arbitration or counterclaim as provided in Section R-3. F-2. Changes of Claim The arbitrator will not consider any information that was not previously made a part of the claim record as transmitted by the Chief Engineer, other than clarification and data supporting previously submitted documentation F-3. Serving of Notice In addition to notice provided above, the parties shall also accept notice by telephone. Telephonic notices by the Arbitration Provider shall subsequently be confirmed in writing to the parties. Should there be a failure to confirm in writing any such oral notice, the proceeding shall nevertheless be valid if notice has, in fact, been given by • telephone. F-4. Appointment and Qualification of Arbitrator Immediately after the retention of the Arbitration Provider, the Arbitration Provider will simultaneously submit to each party a listing and biographical information from its panel of arbitrators knowledgeable in construction who are available for service in Fast Track cases. The parties are encouraged to agree to an arbitrator from this list, and to advise the Arbitration Provider of their agreement, or any factual objections to any of the listed arbitrators, within 7 calendar days of the transmission of the list. The Arbitration Provider will appoint the agreed -upon arbitrator, or in the event the parties cannot agree on an arbitrator, will designate the arbitrator from among those names not stricken for factual objections. The parties will be given notice by the Arbitration Provider of the appointment of the arbitrator, who shall be subject to disqualification for the reasons specified above. Within the time period established by the Arbitration Provider, the parties shall notify the Arbitration Provider of any objection to the arbitrator appointed. Any objection by a party to the arbitrator shall be for cause and shall be confirmed in writing to the Arbitration Provider with a copy to the other party or parties. F-5. Preliminary Telephone Conference Unless otherwise agreed by the parties and the arbitrator, as promptly as practicable after the appointment of the arbitrator, a preliminary telephone conference shall be held among the parties or their attorneys or representatives, and the arbitrator. F-6. Exchange of Exhibits . At least 2 business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. The arbitrator is authorized to resolve any disputes concerning the exchange of exhibits. F-7. Discovery January 31, 2013 27 •REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS There shall be no discovery, except as provided in Section F-4 or as ordered by the arbitrator in extraordinary cases when the demands of justice require it. F-8. Date, Time, and Place of Hearing The arbitrator shall set the date and time, and place of the hearing, to be scheduled to take place within 30 calendar days of confirmation of the arbitrator's appointment. The Arbitration Provider will notify the parties in advance of the hearing date. All hearings shall be held within the City and County of Denver. F-9. The Hearing (a) Generally, the hearing shall not exceed 1 day. Each party shall have equal opportunity to submit its proofs and complete its case. The arbitrator shall determine the order of the hearing, and may require further submission of documents within two business days after the hearing. For good cause shown, the arbitrator may schedule 1 additional hearing day within 7 business days after the initial day of hearing. (b) Generally, there will be no stenographic record. Any party desiring a stenographic record may arrange for one pursuant to the provisions above. F-10. Time of Award Unless otherwise agreed by the parties, the award shall be rendered not later than 14 calendar days from the date of the closing of the hearing or, if oral hearings have been waived, from the date of the Arbitration Provider's • transmittal of the final statements and proofs to the arbitrator. F-11. Time Standards The arbitration shall be completed by settlement or award within 60 calendar days of confirmation of the arbitrator's appointment, unless all parties and the arbitrator agree otherwise or the arbitrator extends this time in extraordinary cases when the demands of justice require it. F-12. Arbitrator's Compensation Arbitrators will receive compensation at a rate to be suggested by the Arbitration Provider regional office. PROCEDURES FOR LARGE, COMPLEX CONSTRUCTION DISPUTES L-1. Large, Complex Construction Disputes The procedures for large, complex construction disputes shall apply to any claim with a value exceeding $500,000 or as agreed to by the parties. L-2. Administrative Conference Prior to the dissemination of a list of potential arbitrators, the Arbitration Provider shall, unless the parties agree otherwise, conduct an administrative conference with the parties and/or their attorneys or other representatives by conference call. The conference call will take place within 14 days after the retention of the Arbitration Provider. In the event the parties are unable to agree on a mutually acceptable time for the conference, the Arbitration Provider may contact the parties individually to discuss the issues contemplated herein. Such administrative • conference shall be conducted for the following purposes and for such additional purposed as the parties or the Arbitration Provider may deem appropriate: January 31, 2013 • 28 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (a) To obtain additional information about the nature and magnitude of the dispute and the anticipated length of hearing and scheduling; (b) To discuss the views of the parties about the technical and other qualifications of the arbitrators; (c) To obtain conflicts statements from the parties; and (d) To consider, with the parties, whether mediation or other non -adjudicative methods of dispute resolution might be appropriate. L-3. Arbitrators (a) Large, Complex Construction Cases shall be heard and determined by three arbitrators. (b) The Arbitration Provider shall appoint arbitrator(s) in the manner provided in the Regular Construction Industry Arbitration Rules. L-4. Preliminary Hearing As promptly as practicable after the selection of the arbitrator(s), a preliminary hearing shall be held among the parties and/or their attorneys or other representatives and the arbitrator(s). Unless the parties agree otherwise, the preliminary hearing will be conducted by telephone conference call rather than in person. • At the preliminary hearing the matters to be considered shall include, without limitation: (a) Service of a detailed statement of claims, damages and defenses, a statement of the issues asserted by each party and positions with respect thereto, and any legal authorities the parties may wish to bring to the attention of the arbitrator(s); (b) Stipulations to uncontested facts; (c) ,The extent to which discovery shall be conducted; (d) Exchange and premarking of those documents which each party believes may be offered at the hearing; (e) The identification and availability of witnesses, including experts, and such matters with respect to witnesses including their biographies and expected testimony as may be appropriate; (f) Whether, and the extent to which, any sworn statements and/or depositions may be introduced; (g) The extent to which hearings will proceed on consecutive days; (h) Whether a stenographic or other official record of the proceedings shall be maintained; (i) The possibility of utilizing mediation or other non -adjudicative methods of dispute resolution; and Q) The procedure for the issuance of subpoenas. • By agreement of the parties and/or order of the arbitrator(s), the pre -hearing activities and the hearing procedures that will govern the arbitration will be memorialized in a Scheduling and Procedure Order. L-5. Management of Proceedings January 31, 2013 29 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS (a) Arbitrator(s) shall take such steps as they may deem necessary or desirable to avoid delay and to achieve a just, speedy and cost-effective resolution of Large, Complex Construction Cases. (b) Parties shall cooperate in the exchange of documents, exhibits and information within such party's control if the arbitrator(s) consider such production to be consistent with the goal of achieving a just, speedy and cost effective resolution of a Large, Complex Construction Case. (c) The parties may conduct such discovery as may be agreed to by all the parties provided, however, that the arbitrator(s) may place such limitations on the conduct of such discovery as the arbitrator(s) shall deem appropriate. If the parties cannot agree on production of document and other information, the arbitrator(s), consistent with the expedited nature of arbitration, may establish the extent of the discovery. (d) At the discretion of the arbitrator(s), upon good cause shown and consistent with the expedited nature of arbitration, the arbitrator(s) may order depositions of, or the propounding of interrogatories to such persons who may possess information determined by the arbitrator(s) to be necessary to a determination of the matter. (e) The parties shall exchange copies of all exhibits they intend to submit at the hearing 10 business days prior to the hearing unless the arbitrator(s) determine otherwise. (f) The exchange of information pursuant to this rule, as agreed by the parties and/or directed by the arbitrator(s), shall be included within the Scheduling and Procedure Order. (g) The arbitrator is authorized to resolve any disputes concerning the exchange of information. • (h) Generally hearings will be scheduled on consecutive days or in blocks of consecutive days in order to maximize efficiency and minimize costs. The following flow chart provides a summary of the disputes and claims process described in subsections 105.22, 105.23, and 105.24 0 11 0 0 30 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Figure 105-1 DISPUTES AND CLAIMS FLOW CHART 1 105.22 Project Issue — Verbal discussions between Proj. Eng. and Supt. Impasse Contractor provides written notice of dispute to Project Engineer j 15 Days — 105.22 (b) Contractor provides written REA including the following: (1) Date of dispute (2) Nature of order and circumstances causing dispute (3) Contract provisions supporting dispute (4) Estimated cost of dispute with supporting documentation (5) Analysis of progress schedule and disruption, if any j 15 Days'— 105.22 (c) I CDOT Project Engineer and Contractor discuss merit of dispute I PE denies merit of dispute Contractor rejects PE's denial. Contractor provides written notice to RE. 7 days — 105.22 (d) 7 days—105.22 (c) I PE determines dispute has merit I 7 days— 105.22 (c) Contractor accepts denial. Dispute is resolved. Disagree on quantum Proj Eng/Res Eng & Supt/PM & Contractor's rep with decision authority above the project level to meet regularly to discuss dispute Up to 30 days — 105.22 (d) 30/ 45 days — 105.23(b) DRB agreement signed 105.23(a) Proj Eng Dispute is initiates DRB process 5 Days — unresolved 20 days— 105.23 (d) 105.23 (a) Prehearing Submittal 15 days — 105.23 (e) DRB Hearing 30 days — 105.23 (g) I DRB renders a recommendation I 10 days — 105.23 (h) I Request for Clarification and Reconsideration I 14 days—105.23 (i) Either party rejects DRB recommendation II DRB recommendation is accepted Figure 105-1 continued on next page January 31, 2013 Merit granted — Quantum negotiations 30 Days— 105.22 (c) Adjustment of payment/schedule in consultation with Program Engineer - Dispute is resolved January 31, 2013 31 REVISION OF SECTION 105 DISPUTES AND CLAIMS FOR CONTRACT ADJUSTMENTS Figure 105-1 (continued) Either party rejects DRB recommendation Adjustment of 30 days — 105.24 (a) payment/schedule in consultation with 105.24 Notice of intent to file a claim Program Engineer - 60 days — 105.24 (b) Dispute is resolved Contractor submits certified claim package w/RTD (and Audit Unit if over $250K) 60 days — 105.24 (d) RTD renders a decision Contractor accepts decision Decision is implemented 30 days — 105.24 (d) Contractor rejects and 60 days - 105.24 (e) Chief Engineer appeals RTD decision to CE 1 renders decision 15 days Request for hearing 105.24 (e) 45 days — 05.24 (e) 30 days — 105.24 (e) Contractor rejects CE decision F Contractor accepts CE decision Decision is implemented Optional Mediation Dispute is unresolved I Contractor initiates I Binding Arbitration or Litigation (Whichever was selected at Contract execution) Litigation Court Decision Dispute is resolved Resolution is implemented Binding Arbitration Arbitrator(s) render recommendation Appeal process only for damages E April 26, 2012 1 • REVISION OF SECTION 105 HOT MIX ASPHALT PAVEMENT SMOOTHNESS Section 105 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 105.07 and replace with the following: 105.07 Conformity to Roadway Smoothness Criteria of HMA. Roadway smoothness testing and corrective work shall be performed as described below. The pavement smoothness category shall be HRI Category II unless shown on the plans. (a) Smoothness Quality Control Testing. 1. The Contractor shall perform Smoothness Quality Control (SQC) testing. The test results shall be submitted to the Engineer within 48 hours of completion. SQC test results shall show the Half Car Roughness Index (HRI) for each 0.10 mile section and shall show the results for localized roughness. All traffic control costs associated with SQC testing will be paid for in accordance with Section 630. SQC testing shall be performed on the first 2,000 tons for the final layer. SQC testing shall be performed using the Contractor's inertial profiler, pursuant to the methods described in subsection 105.07(b) and in accordance with the manufacturer's recommendations. The Contractor's Profiler shall be certified according to CP 78. A list of certified profilers is located at hftp://www.dot.state.co.us/DesignSupport/. Production shall be suspended if SQC testing indicates that corrective work is required in accordance with subsection 105.07 (c). If the SQC data becomes available after production has started for the day, • suspension will begin at the end of that production day. Production will remain suspended until the problem is identified and corrected. Each time production is suspended, corrective actions shall be proposed in writing by the Contractor. Production will not be allowed to resume until the proposed corrective actions have been accepted by the Project Engineer in writing. When production resumes, the Contractor shall profile the first 2,000 tons of HMA. The conditions above for suspension of work will apply. 2. The finished transverse and longitudinal surface elevation of the pavement shall be measured using a 10 foot straightedge. Areas to be measured will be directed by the Engineer. The Contractor shall furnish an approved 10 foot straightedge, depth gauge and operator to aid the Engineer in testing the pavement surface. Areas showing high spots of more than 3/16 inch in 10 feet shall be marked and diamond ground until the high spot does not exceed 3/16 inch in 10 feet. (b) Initial Smoothness Acceptance Testing. The Contractor shall perform Smoothness Acceptance Testing (SA) which will be used for acceptance and calculation of incentive and disincentive adjustments. All traffic control costs associated with SA testing will be paid for in accordance with Section 630. 1. Longitudinal Pavement Surface Smoothness Acceptance. Pavement surfaces shall be tested and accepted for longitudinal smoothness as described herein. A. Testing Procedure (General). The longitudinal surface smoothness of the final pavement surface shall be tested by the Contractor in accordance with CP 74 and using the Contractor's high-speed profiler (HSP). The Contractor's Profiler shall be certified according to CP 78. A list of certified profilers is located at http://www.dot.state.co.us/DesignSupport/ The HSP instrumentation shall be verified in accordance with CP 74 prior to measurements. The • Contractor shall lay out a distance calibration site. The distance calibration site shall be located no more than ten miles from the Project limits. The distance calibration site shall be 1056 feet long and shall be on a relatively flat, straight section of pavement as approved by the Engineer. The site shall have a speed limit equal to the Project's highest speed limit that allows for the HSP to operate SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors • 0 April 26, 2012 2 REVISION OF SECTION 105 HOT MIX ASPHALT PAVEMENT SMOOTHNESS uninterrupted. The limits of the site shall be clearly marked and the distance shall be measured to an accuracy of +/- 3 inches. The Contractor shall provide in writing the site location to the Engineer. The cost of the distance calibration site will not be measured and paid for separately, but shall be included in the work. The entire length of each through lane, climbing lane and passing lane including bridge approaches, bridge decks and intersections from the beginning to the end of the project shall be profiled in their planned final configuration. Shoulders less than 12 foot in width and medians will not be profiled and will not be subject to incentive/disincentive adjustments. Shoulders with a width of 12 feet or greater, ramps, tapers, turn slots, acceleration lanes and deceleration lanes will be profiled, but will not be subject to incentive/disincentive adjustments. Shoulders with a width of 12 feet or more, ramps, tapers, turn slots, acceleration lanes and deceleration lanes will be evaluated for localized roughness corrective work. The profile of the entire length of a lane shall be taken at one time. However, the Engineer may break a project into sections to accommodate Project phasing. A sufficient distance shall be deleted from the profile to allow the profiler to obtain the testing speed plus a 300 foot distance to stop and start when required. Incentive/disincentive adjustments will not be made for this area. The final surface of these areas shall be tested in accordance with subsection 105.07(a) 2. Shoulders less than 12 foot in width and medians constructed as part of this project shall be measured in accordance with subsection 105.07(a) 2. The profile shall include transverse joints when pavement is placed by the project on both sides of the joint. When pavement is placed on only one side of the joint, the profile shall start 25 feet outside the project paving limits. The profile of the section of pavement 25 feet outside the paving limits to 25 feet inside paving limits will not be subjected to incentive or disincentive adjustments, 49 but will be evaluated for localized roughness. The profile of the area 25 feet each side of every railroad crossing, cattle guard, bus pad, manhole, gutter pan and intersection (where there is a planned breakpoint in the profile grade line in the direction of traffic) shall be deleted from the profile before the HRI is determined. Incentive/disincentive adjustments will not be made for these areas. Areas deleted from the profile shall be tested in accordance with subsection 105.07(a) 2. When both new pavement and a new bridge or new bridge pavement are being constructed in a project, the profile of the area 25 feet each side of the bridge deck shall be deleted from the profile before the HRI is determined. Incentive/disincentive adjustments will not be made for this area. Areas deleted from the profile shall be tested in accordance with subsection 105.07(a) 2. The bridge deck will be evaluated for localized roughness. Corrective work required in these areas will not be measured and paid for separately, but shall be included in the work. For all other projects, the profile of the area 25 feet each side of the bridge deck shall be deleted from the profile before the HRI is determined. Incentive/disincentive adjustments will not be made for this area. If the Engineer determines that corrective work is required in this area, payment will be made in accordance with subsection 109.04. The Contractor shall notify the Engineer in writing at least five working days in advance of his intention to perform SA testing. The Contractor shall profile the Project within 14 days after the completion of paving operations. The Engineer will witness the SA profiling and take immediate possession of the SA data. The Contractor shall not perform any corrective work that will affect the pavement smoothness for ten working days after completion of the SA testing or as approved by the Engineer. This time is to allow for the Department to analyze the data and perform smoothness verification testing. Smoothness Testing Procedures. The Contractor shall mark the profiling limits and excluded areas. The Engineer will verify that the Contractor's marks are located properly. The Contractor shall use April 26, 2012 • REVISION OF SECTION 105 HOT MIX ASPHALT PAVEMENT SMOOTHNESS traffic cones with reflective tape or reflective tape on the pavement at the beginning and end of each lane for triggering the start and stop locations on the profiler and at any other location, where portions of the profile are being deleted. These locations shall be marked with temporary paint so that the Department's profiler uses the same locations for smoothness verification testing. The Contractor shall clear the lanes to be tested of all debris before profiling. The Contractor shall submit a Method for Handling Traffic (MHT) to the Engineer for approval at least five days in advance of SA testing. The MHT shall detail the methods for traffic control that will allow for continuous non-stop profiling of each lane to be profiled at a minimum speed of 15 mph. The Contractor shall provide the traffic control in accordance with the approved MHT. Each lane shall be profiled at least once. Profiling shall be at a constant speed (+/- 5 mph of the distance calibration speed ) with a minimum speed of 15 mph and a maximum speed of 70 mph. Shoulders with a width of 12 feet or more, ramps, tapers, turn slots, acceleration lanes and deceleration lanes shall be profiled. The profile shall be taken in the planned direction of travel. The left and right wheel paths shall be profiled simultaneously. The collected profiles shall be turned over immediately to the Engineer and will be analyzed using CP 74. (1) The Department will determine a HRI for each 0.1 mile section or fraction thereof of completed pavement. The HRI consists of the left and right wheel path's profile passed through the International Roughness Index (IRI) filter. The Contractor's SA test results will be available within ten working days of the completion of SA testing. The Engineer will give the Contractor a report that will include the lane profiled, the HRI in 0.10 mile increments and a summary of areas requiring corrective work. The Engineer may determine that it is necessary for the Contractor to re -profile a lane. Areas requiring corrective work will be determined according to subsection 105.07(c) 1. Sections less than 0.01 miles in length shall not be subject to corrective work as specified by Table 105-6. Sections less than 0.01 miles in length shall be included in the Localized Roughness determination. C. Acceptance and incentive/disincentive adjustments for pavement smoothness will be made on a square yard basis in accordance with the following: Incentive and Disincentive adjustments will be based on the HRI for each 0.1 mile section or fraction thereof. Incentive/Disincentive adjustments for Pavement Smoothness will be made in accordance with Table 105-6. Sections less than 0.01 miles in length will not be subject to disincentives. 0 April 26, 2012 REVISION OF SECTION 105 HOT MIX ASPHALT PAVEMENT SMOOTHNESS Table 105-6 HMA PAVEMENT SMOOTHNESS (INCHES/MILE) HALF -CAR ROUGHNESS INDEX Pavement Incentive Payment No Incentive or Disincentive Payment Corrective Smoothness ($/sgyd) Disincentive ($/sgyd) Work Required Category When HRI >_ 63.0 and When HRI > 72.0 and ,When HRI > ' When HR(s 40.0 <_ 72.0 < 90:0' 90.0 . 1=5.12-0.07111,x 1 = $1.28:. - I'.= $0.00 HRI When HRI > 40.0 and < 63.0 When HRI >_ 90.0 I = 3.51 - 0.05565 x HRI 1=-$1.28 _ When HRL >_ 58.0 and ; When HRl >`67.0 and Wheh. HRI > e, When HRf•<_ 35.0 , < 67.0 < 85.0 85:0 = 4.76 - 0.07111 x .1 = $1.28 1 = $0.00 HRI - II When HRI > 35.0 and < 58.0 When HRI > 85.0 1 = 3.23 - 0.05565 x HRI 1 = - $1.28 When HRI >_ 70.0 and When HRI > 80.0 and When HRI > - When HRI <_ 45.0 <_ 80.0 < 100.0 100.0 1.=$1.28 - I_$000 '' I=5'.12 0.064xHRI '� III When HRI > 45.0 and < 70.0 When HRI > 100 1=3.584-0.0512x HRI 1 = - $1.28 (c) Corrective Work. The Department will analyze the SA testing for acceptance and indicate areas requiring corrective work in accordance with subsection 105.07(b). Corrective work shall be proposed in writing by the Contractor. Corrective work shall not be performed until approved in writing by the Engineer. The Contractor shall not perform any corrective work on the final layer until after the Engineer returns the results of the Initial Smoothness Acceptance testing and after the Department's Smoothness_ Verification testing, if performed. The Contractor shall perform corrective work in the areas indicated by the SA testing. Corrective work on lower layers shall be at the Contractor's discretion. The Contractor shall profile the roadway to verify the required corrective work has been completed. If the Contractor elects to perform corrective work prior to the completion of initial SA testing, the entire 0.10 mile section, or fraction thereof, will not be eligible for incentive payment, but will be eligible for disincentive. The Engineer will not modify the limits of the 0.10 mile sections to group corrective work areas in an effort to reduce the number of sections impacted by this decision. The Contractor may elect to perform additional corrective work to reduce or eliminate the disincentive payment for each 0.1 mile section or fraction thereof after the initial SA testing and the Department's verification testing. • 0 April 26, 2012 • REVISION OF SECTION 105 HOT MIX ASPHALT PAVEMENT SMOOTHNESS The criteria for determining if a 0.1 mile section or fraction thereof requires corrective work is specified in Table 105-6. In addition to determining if a 0.1 mile section or fraction thereof requires corrective work, the profiles shall be analyzed for areas of Localized Roughness. Localized Roughness. The profiles shall be analyzed to determine where areas of localized roughness occur. The profile shall be summarized using the continuous HRI reporting system using an averaging length of 25 feet. The FHWA's ProVal (Version 3.2 or later) software will be used to generate the continuous HRI report. ProVal can be downloaded at http://www.roadprofile.com. Areas of localized roughness are determined to be where the continuous HRI report exceeds the values in Table 105-9. Areas of localized roughness greater than 15.0 feet in length shall be considered deficient, and require corrective work.. Areas of localized roughness less than 25 feet in distance that contain a valve box shall be tested in accordance with subsection 105.07 (a) 2. for corrective work. Table 105-9 CONTINUOUS HRI USING 25 FOOT AVERAGING FOR LOCALIZED ROUGHNESS CORRECTIVE WORK ON HMA PAVEMENTS HRI SMOOTHNESS HRlln/mile CATEGORY I 135.0 1. Corrective Methods. Corrective work shall consist of diamond grinding, an approved overlay, or removal and replacement. Corrective work shall conform to of one of the following conditions: (1) Removal and Replacement. The pavement requiring corrective work shall be removed, full width of the lane and the full thickness of the layer in accordance with subsection 202.09. The removal area shall begin and end with a transverse butt joint, which shall be constructed with a transverse saw cut perpendicular to centerline. Replacement material shall be placed in sufficient quantity so the finished surface conforms to grade and smoothness requirements. Sections removed and replaced shall be at least 0.20 miles in length. (2) Overlay. The overlay shall cover the full width of the pavement including shoulders. The area overlaid shall begin and end with a transverse butt joint, -which shall be constructed with a transverse saw cut and asphalt removal. All material shall be approved hot bituminous mixtures that meet all contract requirements. The overlay shall be placed so that the finished surface conforms to grade and smoothness requirements. The overlay area shall be compacted to the specified density. The overlay thickness shall be equivalent to that of the final layer in accordance with the Contract. Sections overlaid shall be at least 0.20 miles in length. (3) Diamond Grinding. Grinding shall not reduce planned pavement thickness by more than 0.3 inches. The entire ground area of the final pavement surface shall be covered with a Tack Coat conforming to Section 407 (CSS-1h at 0.1 gallons per square yard of diluted emulsion; the emulsion shall be diluted with water at the rate of 50 percent water and 50 percent emulsion) when grinding is complete. Cores shall be taken to verify that minimum pavement thicknesses have been maintained. A minimum of one core shall be taken every 100 cumulative feet or fraction thereof per lane of diamond grinding, as directed by the Engineer. Coring shall be at the Contractor's expense. April 26, 2012 6 REVISION OF SECTION 105 HOT MIX ASPHALT PAVEMENT SMOOTHNESS (d) Final Smoothness Acceptance Testing. After the Contractor has completed the required corrective work and any additional corrective work, the Contractor shall retest the pavement in accordance with subsection 105.07(b). If the Contractor requests to do additional corrective work to reduce disincentive after Final SA Testing, the Contractor shall perform an additional Final SA Testing for the project. A charge of $500 will be assessed to the Contractor for each additional Final SA Testing. Time count will be charged pursuant to contract requirements during the time period required for all Final SA Testing. Delays associated with additional Final SA Testing will be considered non -excusable and non-compensable. The Contractor shall notify the Engineer pursuant to 105.07(b) to schedule the final SA testing. Final acceptance and incentive/disincentive adjustments for pavement smoothness will be made on a square yard basis in accordance with the following: Incentive payments will be based on the HRI for each 0.1 mile section or fraction thereof from the Contractor's initial SA testing. Those sections which earned incentives or full payment based on the initial SA testing will not be re-evaluated for incentive after final SA testing. The disincentive payment will be based on the HRI for each 0.1 mile section or fraction thereof from the Contractor's Initial SA testing or the Contractor's Final SA testing, whichever is less. Those sections which had disincentive levels indicated by the initial SA, will be re-evaluated for disincentive. The Contractor may eliminate all disincentives on those 0.1 mile sections; however, no incentives may be earned in these areas, regardless of the final smoothness. • (e) Department Smoothness Verification Testing (SV). The Department may elect to perform smoothness verification (SV) testing using the Department's inertial profiler, with the methods described in subsection 105.07(b). The Engineer will notify the Contractor of the Department's intention to perform SV testing. All . traffic control costs associated with Department SV testing will be paid for by the Department in accordance with Section 630. The Contractor's SA test results will be compared to the Department's SV test results. The Contractor's SA test results will be considered acceptable and will be used for incentive/disincentive payment if the following criteria are met: (1) The difference in HRI for a 1/10 mile section is less than 6.1 inches/mile for a minimum of 90 percent of . the 1/10mile sections for each lane. (2) The difference in average HRI for each lane is less than 6.1 inches/mile. (3) The difference in the length of each lane is less than 0.2 percent When the Contractor's SA test results are not considered acceptable, the Department's SV test results will be used for incentive/disincentive payment and the Contractor's profiler certification will be evaluated pursuant to CP 78. The Department will have 30 days to complete this evaluation. The Contractor will be assessed a charge of $1,000 for SV testing when the Contractor's SA test results are not considered acceptable. (f) HMA Recycling Treatment's, Thin Lifts' and Urban Rehabilitation treatment's smoothness criteria. When HMA recycling, urban rehabilitation treatments or when only one layer less than 1.5 inches of HMA Pavement is placed without an intermediate treatment are constructed as the final riding surface, the following shall be used for acceptance: An HRI for each 0.1 mile section shall be determined on the original pavement surface prior to beginning the work. An HRI for each 0.1 mile section shall be determined on the pavement surface after the work is complete. • When a 0.1 mile section has a final HRI greater than 80.0 in/mile and the final HRI is greater than the HRI prior to performing the work, that 0.1 mile section shall be corrected by a method approved in writing by 0 • 0 April 26, 2012 7 REVISION OF SECTION 105 HOT MIX ASPHALT PAVEMENT SMOOTHNESS the Engineer. Corrective work shall be such that the resulting final HRI is equal to or less than the initial HRI or 80.0 in/mile, whichever is greater. All costs associated with corrective work shall be at the Contractor's expense, including but not limited to traffic control, additional hot mix asphalt, grinding and milling. Incentive/disincentive adjustments for smoothness will not be made for these treatments. The pavement smoothness for HMA Recycling Treatments and Thin Lifts that will be overlaid with a final riding surface will not be evaluated by the Department for acceptance. February 3, 2011 REVISION OF SECTION 105 VIOLATION OF WORKING TIME LIMITATION Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.03 shall include the following: If there is a violation of the working time limitations for traffic control as set forth in the special provisions, a written notice to stop work will be imposed on the Contractor at the start of the next working day. Work shall not resume until the Contractor assures the Engineer, in writing, that there will not be a reoccurrence of the working time violation. If more violations take place, the Engineer will notify the Contractor in writing that there willbe a price reduction charge for each incident in accordance with this specification. This incident price reduction charge will be deducted from any money due the Contractor. This price reduction will not be considered a penalty but will be a price reduction for failure to perform traffic control in compliance with the Contract. An incident is any violation up to 30 minutes in duration. Each 30 minutes or increment thereof will be considered as an incident. A price reduction will be assessed for each successive or cumulative 30 minute period in violation of the working time limitations, as determined by the Engineer. The price reduction for each incident will increase at a progressive rate starting with $150 for the second incident and increasing to $1200 for the fifth and subsequent incidents in accordance with the following schedule. A 15 minute grace period will be allowed at the beginning of the second incident on the project before the price reduction is applied. This 15 minute grace period applies only to the second incident. The number of incident charges will be accumulative throughout the duration of the Contract. PRICE REDUCTION SCHEDULE Incident Incident Rate Total Price Reduction 1 s` Notice to Stop Work - 3rd 300 450 4`h 600 1,050 5`h 1,200 2,250 ------6m -. - ------ 1,200 ------ ----3,450 Etc. 1,200 4,650 Etc. Etc. rJ • 0 February 3, 2011 REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.12, delete the second paragraph and replace it with the following: The original Certificate of Compliance shall include the Contractor's original signature as directed above. The original signature (including corporate title) on the Certificate of Compliance, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of material. The original shall be provided to the Engineer before payment for the represented item will be made. In subsection 106.13, delete the second paragraph and replace it with the following: The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's original signature as directed above. The signature (including corporate title) on the Certified Test Report, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the, project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy or original document of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material. Failure to comply may result in delays to the project or rejection of the materials. 0 0 May 2, 2013 REVISION OF SECTION 107 PROJECT PAYROLLS 40 Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.01 shall include the following: As related to the Form FHWA 1273, Required Contract Provisions Federal -Aid Construction Contracts, the Contractor shall check all Contractor and subcontractor project payrolls regarding accuracy of pay classification, pay hours, and pay rates. The Contractor shall sign and date all payrolls signifying this check has been performed. 0 s February 3, 2011 REVISION OF SECTION 107 RESPONSIBILITY FOR DAMAGE CLAIMS; INSURANCE TYPES AND COVERAGE LIMITS Section 107 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 107.15(c) and replace it with the following: (c) Each insurance policy shall include provisions preventing cancellation or non -renewal without at least 30 days prior notice to Contractor. The Contractor shall forward to the Engineer any such notice received within seven days of the Contractor's receipt of such notice. 0 40 0 SECTION 00410 BID BOND KNOW AU. MEN BY THESE PRESENTS: that we, the undersigned Zak Dirt, Inc. as Principal, and Berkley Regional Insurance Company , as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, In the sum of $ Five Percent of Amount Bid (5%) 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 Coristruction Agreement for the construction of Fort Collins Project, 7568 Bryan Ave Bridge Replacement, 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 tabor 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 Surely 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. I May 2, 2013 REVISION OF SECTIONS 107 and 208 WATER QUALITY CONTROL UNDER ONE ACRE OF DISTURBANCE Sections 107, 208, are hereby revised for this project as follows: In subsection 107.25(b)6 delete the second paragraph and replace it with the following: The Contractor shall record the location of potential pollutants on the plans. Descriptions of the potential pollutants shall be submitted to and approved by the Engineer. In subsection 208.03 delete the first paragraph and replace it with the following: Prior to construction the Contractor shall implement BMPs in accordance with the approved project schedule as described in subsection in 208.03(b). In subsection 208.03 delete the third, fourth, and fifth paragraphs and replace them with the following: The Contractor shall evaluate all non-stormwater coming onto the site, such as springs, seeps, and landscape irrigation return flow. If such flow is identified, BMPs shall be used to protect off -site water from becoming contaminated with sediment or other pollutants. The Contractor shall review existing inlets and culverts to determine if inlet protection is needed due to water flow patterns. Prior to beginning construction, inlets and culverts needing protection shall be protected and the location of the implemented BMP added to the plans. When additional BMPs are required and approved by the Engineer, the Contractor shall implement the additional BMPs and shall record and describe them on the plans. The approved BMPs will be measured and paid for in accordance with subsections 208.11 and 208.12. Delete subsections 208.03(c) and (d) and replace them with the following: (c) Implementation, Maintenance and Revision of the SWMP. The Contractor's responsibilities shall be as follows: (1) Install, construct, and maintain all BMPs specified in the Contract and coordinate the construction of BMPs with all other construction operations. (2) Implement suitable temporary erosion and sediment control features as necessary to correct unforeseen conditions or emergency situations. Dismantle those features when their purpose has been fulfilled unless the Engineer directs that the features be left in place. (3) Implement necessary actions to reduce anticipated or presently existing water quality or erosion problems resulting from construction activities. (4) Make available, all labor, material, and equipment needed to install, maintain, and remove BMPs. (5) When included in the Contract, the Contractor shall assign to the project an individual to serve in the capacity of Erosion Control Supervisor (ECS). The ECS may be the Superintendent. The ECS shall be experienced in all aspects of construction and have satisfactorily completed an ECS training program authorized by the Department. Proof that this requirement has been met shall be submitted to the Engineer prior to or at the preconstruction conference. A list of authorized ECS training programs will be provided by the Engineer upon request by the Contractor. The ECS shall be the person responsible for ensuring that the responsibilities listed in (1) through (4) above are fulfilled (d) Documentation Available on the Project. The following Contract documents and references will be made available for reference in one location on the project during construction. 1. Project Documents. The following documents shall be kept, maintained, and updated in a single notebook: (1) SWMP Sheets (2) SWMP site map, if applicable to the project. (3) Details of BMPs used on the project not covered in Standard Plan M-208-1. • (4) List of potential pollutants as described in subsection 107.25. (5) SPCC and reports of reportable spills submitted to CDPHE. (6) Form 105s and all other correspondence relating to water quality. 2 May 2, 2013 REVISION OF SECTIONS 107 and 208 • WATER QUALITY CONTROL UNDER ONE ACRE OF DISTURBANCE (7) Project environmental permits and associated applications and certifications. 2. Reference Materials (1) CDOT Erosion Control and Stormwater Quality Guide. (2) CDOT Erosion Control and Stormwater Quality Field Guide. (3) Copy of biological opinion, if applicable. In subsection 208.04 delete the first and second paragraphs and replace them with the following: The Contractor shall modify the SWMP to clearly describe and locate all BMPs implemented at the site to control potential sediment discharges from vehicle tracking. Vehicle tracking pads shall be used at all vehicle and equipment access points to the site to prevent sediment exiting the project site onto paved public roads. Access shall be provided only at locations approved by the Engineer. Delete subsection 208.04(e) and replace it with the following: (e) Stabilization. Once earthwork has begun on a section, it shall be pursued until completion. Clearing and grubbing operations shall be scheduled and performed so that grading operations and final stabilization measures can follow immediately thereafter if the project conditions permit. Otherwise temporary stabilization measures shall be taken between successive construction stages. Additional work required because the Contractor has failed to properly coordinate the entire erosion control schedule, thus causing previously seeded areas to be disturbed by operations that could have been performed prior to the seeding shall be performed at the Contractor's expense. . In subsection 208.06 delete the first paragraph and replace it with the following: The Contractor shall clearly describe and record on the SWMP, all practices implemented at the site to minimize impacts from procedures or significant material that could contribute pollutants to runoff. Areas or procedures where potential spills can occur shall have spill contingency plans in place as specified in subsections 107.25(b)6 or 208.06(c). In subsection 208.07 delete the second paragraph and replace it with the following: Erodible stockpiles (including topsoil) shall be contained with acceptable BMPs at the toe (or within 20 feet of the toe) throughout construction. BMPs shall be approved by the Engineer. In subsection 208.08, delete the first paragraph and replace it with the following: The Contractor shall limit construction activities to those areas within the limits of disturbance shown on the plans and cross -sections. Construction activities, in addition to the Contract work, shall include the on -site parking of vehicles or equipment, on -site staging, on -site batch plants, haul roads or work access, and all other action which would disturb existing conditions. Off road staging areas must be pre -approved by the Engineer, unless otherwise designated in the Contract. Construction activities beyond the limits of disturbance due to Contractor negligence shall be restored to the original condition by the Contractor at the Contractor's expense. The Contractor shall tabulate additional disturbances not identified in the SWMP and indicate locations and quantities on the SWMP and report to the Engineer. In subsection 208.09, second paragraph, delete the list and replace it with the following: (1) Failure to include erosion control in the project schedule or failure to include erosion control in each schedule update as specified in subsection 208.03(b). (2) Failure of the Contractor to implement necessary actions required by the Engineer as required by subsection 208.03(c). (3) Failure to amend SWMP and implement BMPs as required by subsection 208.04. (4) Failure to keep documentation and records current. (5) Failure to construct or implement erosion control or spill containment measures required by the Contract, or failure to construct or implement them in accordance with the Contractor's approved schedule as required 3 May 2, 2013 REVISION OF SECTIONS 107 and 208 WATER QUALITY CONTROL UNDER ONE ACRE OF DISTURBANCE by subsection 208.06(c). (6) Failure to stabilize disturbed areas as required by subsections 208.04(e) and 208.08. (7) Failure to replace or perform maintenance on an erosion control feature after notice from the Engineer to replace or perform maintenance as required by subsection 208.04(f). (8) Failure to remove and dispose of sediment from BMPs as required. (9) Failure to install and properly utilize a concrete washout structure for containing washout from concrete placement operations. (10) Failure to perform permanent stabilization as required by subsection 208.04 (e). In subsection 208.09 delete the third paragraph and replace it with the following: The Engineer will immediately notify the Contractor in writing of each incident of failure to perform erosion control in accordance with the Specifications, including, but not limited to items (1) through (10) above. Correction shall be made as soon as possible but no later than 48 hrs from the date of notification to correct the failure. The Contractor will be charged liquidated damages in the amount of $875 for each calendar day after the 48 hour period has expired, that one or more of the incidents of failure to perform items (1) through (10) above, remains uncorrected. In subsection 208.09 delete the eighth and ninth paragraphs and replace them with the following: Disagreements regarding the suggested corrective action for a BMP compliance issue between the Project Engineer and Superintendent, shall be discussed with the Resident Engineer and Region Water Pollution Control Manager. If after meeting the Contractor is still in disagreement and feels that additional compensation is owed, the Contractor will follow the decision of the Project Engineer, keep track of the costs and negotiate further with the Project Engineer. If after pursuing the issue, the Contractor is unable to reach agreement with the Project Engineer, then the Contractor can follow the dispute process outlined in subsection 105.22. If the Contractor's corrective action plan and schedule are not submitted and approved within 48 hours of the Stop Work Order or the corrective action plan is not implemented by the Contractor, the Engineer will have an on -site meeting with the Superintendent and the Superintendent's supervisor. This meeting will also be attended by the Resident Engineer, the Region Water Pollution Control Manager, and the Region Program Engineer. This meeting will identify and document needed corrective actions and a schedule for completion. If after the meeting, the unacceptable work is not remedied within the schedule as agreed to in the meeting, the Engineer will take action to effect compliance with the Contract by utilizing CDOT Maintenance personnel or other non -Contractor forces and deduct the cost from any moneys due or to become due to the Contractor pursuant to subsection 105.16. Delays due to these Stop Work Orders shall be considered nonexcusable. The Stop work Order shall be in place until the project is in Contract compliance. Delete subsection 208.10 and replace it with the following: 208.10 Items to Be Accomplished Prior to Final Acceptance. (a) Reclamation of Washout Areas. After concrete operations are complete, washout areas shall be reclaimed in accordance with subsection 208.05(n) at the Contractor's expense. (b) Survey. The Contractor shall survey Permanent Water Quality BMPs (Permanent BMPs) on the project after they are constructed and confirm they are at final configuration and grade. The Engineer will identify which Permanent BMPs shall be surveyed prior to the final walk through. The survey shall be performed in accordance with Section 625. (c) Removal of Temporary BMPs. Temporary BMPs subject to removal shall be determined by the Engineer at a final walk through of the project and shall be removed by the Contractor. If any BMPs are left in place, the Region's Water Pollution Control Manager shall be notified of the BMP locations. • Is • • 0 August 19, 2011 REVISION OF SECTION 108 CRITICAL PATH METHOD Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Bar Chart or Initial Schedule shall be submitted at least 10 working days prior to the start of the work. The Engineer's review of the Schedule will not exceed two working days. Work shall not begin until the Schedule is accepted in writing, unless otherwise approved by the Engineer In subsection 108.03 (c), delete the third paragraph. May 2, 2013 REVISION OF SECTION 108 LIQUIDATED DAMAGES Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.09 delete the schedule of liquidated damages and replace with the following: Original Contract Amount $ Liquidated Damages per Calendar Day ($) From More Than To And Including 0 250,000 400 250,000 500,000 700 `500,000 1,000,000; 1,100 '- 1,000,000 2,000,000 1,600 2,000,000 4,000,000 °2,50p 4,000,000 10,000,000 3,300 10,000,000` -------- ---= 3,300 plus 200`Per Each Additional 1 000;000'.-` Contract Amount or. Bart Thereof(Qver 10,000,000 s. • 0 January 31, 2013 iREVISION OF SECTION 108 SUBLETTING OF CONTRACT Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.01 and replace with the following: 108.01 Subletting of Contract. The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract or Contracts, or any portion thereof without written permission of the Engineer. Prior to beginning any work by subcontractor, the Contractor shall request permission from the Engineer by submitting a completed Sublet Permit Application, CDOT Form No. 205. The subcontract work shall not begin until the Contractor has received the Engineer's written permission. The Contractor shall make all project related written subcontracts, agreements, and purchase orders available to the Engineer for viewing, upon request and at a location convenient to the Engineer. The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the contract as "specialty items" may be performed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the total original contract amount before computing the amount of work required to be performed by the Contractor's own organization. The original contract amount includes the cost of material and manufactured products which are to be purchased or produced by the Contractor and the actual agreement amounts between the Contractor and a subcontractor. Proportional value of a subcontracted partial contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs the work of incorporating the materials into the project, these two phases shall be considered in combination and as constituting a single subcontract. The calculation of the percentage of subcontracted work shall be based on subcontract unit prices. • Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond. 0 May 5, 2011 REVISION OF SECTION 109 COMPENSATION FOR COMPENSABLE DELAYS In subsection 109.10, delete the first two paragraphs and replace with the following: 109.10 Compensation for Compensable Delays. If the Engineer determines that a delay is compensable in accordance with either subsection 105.22, 105.23, 105.24, or 108.08, monetary compensation will be determined in accordance with this subsection. (a) These categories represent the only costs that are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1) Actual wages and benefits, including FICA, paid for additional labor not otherwise included in (5) below; (2) Costs for additional bond, insurance and tax; (3) Increased costs for materials; (4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and based on invoice costs for rented equipment; (5) Costs of extended job site overhead; (6) Costs of salaried employees not otherwise included in (1) or (5) above incurred as a direct result of the delay; (7) Claims from subcontractors and suppliers at any level (the same' level of detail as specified herein is required for all such claims); (8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead. 0 0 • E February 3, 2011 REVISION OF SECTION 109 FUEL COST ADJUSTMENT Section 109 of the Standard Specifications is hereby revised for this project as follows: Subsection 109.06 shall include the following: (h) Fuel Cost Adjustments. Contract cost adjustments will be made to reflect increases or decreases in the monthly average prices of gasoline, diesel and other fuels from the average price for the month preceding the month in which bids were received for the Contract. These cost adjustments are not changes to the Contract unit prices bid. When bidding, the Contractor shall specify on the Form 85 whether the cost adjustment will apply to the Contract. After bids are submitted, the Contractor will not be given any other opportunity to accept or reject this adjustment. If the Contractor fails to indicate a choice on the Form 85, the cost adjustment will not apply to the Contract. If the fuel cost adjustment is accepted by the Contractor, the adjustment will be made in accordance with the following criteria: 1. Cost adjustments will be based on. the fuel price index established by the Department and calculated as shown in subsection 109.06(h)2.D below. The index will be the monthly average of the rates posted by the Oil Price Information Service (OPIS) for Denver No. 2 Diesel. The rate used will be the OPTS Average taken from the OPIS Standard Rack table for Ultra -Low Sulfur w/Lubricity Gross Prices (ULS column), expressed in dollars per gallon and rounded to two decimal places. 2. Cost adjustments will be made on a monthly basis subject to the following conditions: A. Adjustment will be based on the pay quantities on the monthly partial pay estimate for each of the pay items listed in the table below for which fuel factors have been established. Adjustment will be made only when the pay item is measured by the pay unit specified in the table: Item Pay Unit Fuel Factor FF 202-RemoG6l'of Asphalt Mat (Planing) Square Yard .0:006`Gal/SY/I6ch depth- 203-Excavation (muck, unclassified) Embankment, Borrow Cubic Yard 0.29 Gal/CY 203-Rock Excavation > „ •Cubic'Yard 0 39 G611CY.,•00 .... 206-Structure Excavation and Backfill [applies only to quantities paid for by separate bid item; no adjustment will be made for pay items that include structure excavation & backfill, such as RCP(CIP)] Cubic Yard 0.29 Gal/CY 304-Aggregate Base Course (Classes 'Cubic Yard 0.85 304-Aggregate Base Course (Class_) Ton 0.47 Gal./Ton 307-Processing-L>ime Treated Subgrade Square Yard 0.12 Gal/SY ` =. 310-Full Depth Reclamation Square Yard 0.06 Gal/SY 403-Hot Mix•Asphalt (HMA)_(Grading_� * Ton 2:47 Ga1/Ton. - 403-Stone Matrix Asphalt Grading _) Ton 2.47 Gal/Ton 405-Heating andScarifying Treatment Square Yard 0.44'Gal/SY,_. 405-Heating and Repaving Treatment Square Yard 0.44 Gal/SY 405-Heating`and Remixing Treatment u: aSquarewYard' ' 0 44 G61/SY ; 406-Cold Bituminous Pavement (Recycle) Square Yard 0.01 Gal/SY/Inch depth 412- Concrete FaV6ment Inch S. uar 0:03:Ga1/SY/Inch thickness„ '•: 412-Place Concrete Pavement" Square Yard 0.03 Gal/SY/Inch thickness 'Hot Mix Asphalt (Patching) is not subject to fuelicost `Use ttie thicline"ss shown on adjustment��x,�k February 3, 2011 REVISION OF SECTION 109 FUEL COST ADJUSTMENT B. A fuel cost adjustment will be made only when the current fuel price index varies by more than 5 percent from the price index at the time of bid, and only for that portion of the variance in excess of 5 percent. Fuel cost adjustments may be either positive or negative dollar amounts. Fuel cost adjustments will not be made for any partial estimate falling wholly after the expiration of contract time. D. Adjustment formula: EP greater than BP: FA = (EP — 1.05 BP)(Q)(FF) EP less than BP: FA = (EP — 0.95 BP)(Q)(FF) EP. = Average fuel price index for the oartial estimate Dav period ends to the calendar month in which the FF = Fuel usage factor for the pay item Q=.Pay_quantity for the pay item on the monthly_partial pay estimate Note: When the pay item is based on area, and the rate of fuel use varies with thickness, Q should be determined by multiplying the area by the thickness. For example: for 1000 square yards of 8-inch concrete pavement Q should be 8000. Example: Bids are opened on July 16. The BP will be the average of the daily postings for June 1 through June 30. For an estimate cut-off date selected by the Contractor at the Pre - Construction Conference of the 20`h of the month a February estimate will include HMA quantities (Q) measured from the 215t of January through the 20`h of February, the FF will be 2.47 Gal/Ton, and the EP index used to calculate FA will be the average of the daily postings for January 1 through January 31 as established by CDOT. E. Fuel cost adjustment will not be made for the quantity of any item that is left in place at no pay. F. Fuel cost adjustments will not be made to items of work added to the Contract by Change Order after the award of the Contract. The fuel cost adjustment will be the sum of the individual adjustments for each of the pay items shown. No adjustment will be made for fuel costs on items other than those shown. The factors shown are aggregate adjustments for all types of fuels used, including but not limited to gasoline, diesel, propane, and burner fuel. No additional adjustments will be made for any other type of fuel. Fuel cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned force account item: Fuel Cost Adjustment. Fuel cost adjustments resulting in a decreased payment to the Contractor will be deducted from monies owed the Contractor. i • 0 February 3, 2011 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the 17'h paragraph and replace it with the following: Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the Engineer, in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the project: (1) identification mark (2) vehicle length (3) tare weight (4) number of axles (5) the distance between extreme axles (6) information related to legal weight, including the Permit No. and permitted weight of each vehicle for which the State has issued an overweight permit. This information shall be furnished prior to time of delivery of the material and at any subsequent time the . Contractor changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles. • U 9 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of November 12 , 2p13, and such of there 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: Zak Dirt, Inc. Berkley Regiopal Insurance Company Address; 14290.Hilltop Road Longmont, CO 80504 Title: V SCE - Qc�S"1�2t1� �zk SewC'ULw.. ATTESP A By: (SEAL) r Su )C'Z(7k 11201 Douglas Avenue Urbandale, IA 503.22 Title: QMA 1155017th Street, Sure 600 Denver CO 80202-1657 Phone 303.534.4567 (SEAL) • January 6, 2012 REVISION OF SECTION 109 MEASUREMENT OF WATER Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the twenty-sixth paragraph and replace with the following: Water may be measured either by volume or weight. Water meters shall be accurate within a range of t 3 percent. When water is metered, the Contractor shall use an approved metering device and shall furnish the Engineer a certificate showing the meter has been accurately calibrated within the time allowed in the following schedule: 2, inch 4 years 4 inch to 6 inch 2 years 8 inch to 10 inch 1 year 0 0 • is January 31, 2013 REVISION OF SECTION 109 PROMPT PAYMENT Section} 109 of the Standard Specifications is hereby revised to include the following: Subsection 109.06 (e) shall include the following: The Contractor shall submit the Form 1418, Monthly Payment Report, along with the project schedule updates, in accordance with subsections 108.03 (b) or 108.03 (c) (3). Failure to submit a complete and accurate Form 1418 shall be grounds for CDOT to withhold subsequent payments or retainage to the Contractor. July 19, 2012 1 REVISION OF SECTIONS 203, 206, 304 AND 613 COMPACTION Sections 203, 304 and 613 of Standard Specifications are hereby revised for this project as follows: In subsection 203.03 (a), delete the fifth paragraph and replace with the following: Soil Embankment. Soil embankment consists of materials with 50 percent or more of the material passing the 4.75 mm (No. 4) sieve. A soil embankment may also have more than 50 percent of the material retained on the 4.75 mm (No. 4) sieve, but no more than 30 percent of the material retained on the 19 mm (3/4 inch) sieve. Soil embankment shall be constructed with moisture density control in accordance with the requirements of subsection 203.07. Rock Embankment. Rock embankment consist of materials with 50 percent or more of the material retained on the 4.75 mm (No. 4) sieve and with more than 30 percent of the material retained on the 19 mm (3/4 inch) sieve. All material shall be smaller than 6 inches. Rock embankments shall be constructed without moisture density control in accordance with the requirements of subsection 203.08. Delete Subsection 203.07 and replace with the following: 203.07 Construction of Embankment and Treatment of Cut Areas with Moisture and Density Control. Soil embankments shall be constructed with moisture and density control and the soil upon which the embankments are to be constructed shall be scarified to a depth of 6 inches and compacted with moisture and density control. The moisture content of the soil at the time of compaction shall be as specified or directed. The material shall be removed from the full width of roadbed in all cut sections to the designated depth. The soil • below the designated depth shall be thoroughly scarified to a depth of 6 inches and the moisture content increased or reduced, as necessary, to obtain the moisture content specified. This scarified layer shall then be compacted to the relative compaction specified. All embankment material shall be compacted to not less than 95 percent relative compaction. Maximum dry density of all soil types encountered or used will be determined in accordance with AASHTO T 99 as modified by CP 23. Soils shall be compacted at ± 2 percent of Optimum Moisture Content (OMC) as determined by AASTHO T 99. Soils having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted to 0 to 3 percent above OMC. Soils which are unstable at the above moisture content shall be compacted at lower moisture content to the specified density. Additional work involved in drying embankment material to the required moisture content shall be included in the contract price paid for excavating or furnishing the material with no additional compensation. Density requirements will not apply to materials which cannot be tested in accordance with the above procedures for determining maximum dry density. Compaction for materials which cannot be tested shall be in accordance with subsection 203.08. Claystone or soil -like non -durable shale shall be -pulverized and compacted to the specified moisture and percent of relative compaction and shall be compacted with a heavy tamping foot roller, weighing at least 30 tons. Each tamping foot roller shall protrude from the drum a minimum of 4 inches. Each embankment layer shall receive a minimum of three or more coverages with the tamping foot roller to obtain density. One coverage consists of one pass over the entire surface designated. One pass consists of the passing of an acceptable tamping foot roller over a given spot. The roller shall be operated at a uniform speed not exceeding 3 miles per hour. No additional compensation will be made for additional roller coverages to achieve specified density requirements. • July 19, 2012 REVISION OF SECTIONS 203, 206, 304 AND 613 • COMPACTION In subsection 206.03, delete the fourth and fifth paragraphs and replace with the following: Backfill shall consist of approved materials uniformly distributed in layers brought up equally on all sides of the structure. Each layer of backfill shall not exceed 6 inches before compacting to the required density and before successive layers are placed. Structure backfill (Class 1) shall be compacted to a density of not less than 95 percent of maximum dry density determined in accordance with AASHTO T 180 as modified by CP 23. Backfill shall be compacted at ± 2 percent of Optimum Moisture Content (OMC). Structure backfill (Class 2) shall be compacted to a density of not less than 95 percent of maximum dry density. The maximum dry density and OMC for A-1, A-2-4. A-2-5 and A-3 materials will be determined in accordance with AASHTO T 180 as modified by CP 23. The maximum dry density and OMC for all other materials will be determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted at ± 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted at 0 to 3 percent above OMC. In subsection 304.06, delete the first paragraph and replace with the following 304.06 Shaping and Compaction. Compaction of each layer shall continue until a density of not less than 95 percent of the maximum density determined in accordance with AASHTO T 180 as modified by CP 23 has been achieved. The moisture content shall be at +/-2 percent of optimum moisture content. The surface of each layer shall be maintained during the compaction operations so that a uniform texture is produced and the aggregates are firmly keyed. Moisture conditioning shall be performed uniformly during compaction. In subsection 613.07, delete the 151h paragraph and replace with the following: • Trenching shall be backfilled and compacted as follows: Backfill shall be deposited in uniform layers. The thickness of each layer shall be 6 inches or less thick prior to compaction. The space under the conduit shall be completely filled. The remainder of the trench and excavation shall be backfilled to the finished grade. The backfill material shall be compacted to the density of not less than 95 percent of maximum dry density. The maximum dry density and optimum moisture content (OMC) for A-1, A-2-4. A-2-5 and A-3 materials will determined in accordance with AASHTO T 180 as modified by CP 23. The maximum dry density and OMC for all other materials will determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted at ± 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted at 0 to 3 percent above OMC. Each layer shall be mechanically compacted by tamping with power tools approved by the Engineer. Compaction methods or equipment that damage the conduit shall not be used. 0 July 19, 2012 1 REVISION OF SECTION 206 IMPORTED MATERIAL FOR STRUCTURE BACKFILL Section 206 of the Standard Specifications is hereby revised for this project as follows: Subsection 206.02 (a) shall include the following: Imported Material used as structure backfill for pipes (storm sewer, cross culverts, side drains, etc) shall be tested for compatibility with the selected pipe material. When Nonreinforced Concrete Pipe or Reinforced Concrete Pipe is used, the imported material shall be tested for sulfate and pH. When Corrugated Steel Pipe, Bituminous Coated Corrugated Steel Pipe or Precoated Corrugated Steel Pipe is used, the imported material shall be tested for sulfates, chlorides, pH and resistivity. When Aramid Fiber Bonded Corrugated Steel Pipe or Corrugated Aluminum Pipe is used, the imported material shall be tested for pH and resistivity. When Plastic pipe is selected, the imported material does not need to be tested for sulfates, chlorides, pH and resistivity. Sulfates, chlorides, pH and resistivity shall be determined by the following procedures: • (1) Water soluble sulfates using CP-L 2103 Method B. (2) Chlorides using CPL 2104 (3) Resistivity using ASTM G57 • (4) pH using ASTM G51. The average of three consecutive tests shall show the imported material's sulfate, chloride, pH and resistivity is not greater than the limits corresponding to the Pipe Class in Table 206-1 or 206-2 for the pipe class specified on the plans. No single test shall have a result more than 20 percent greater than that corresponding to the limit in Table 206-1 or Table 206-2 for sulfates, chlorides and resistivity. No single test shall have a result more than 5 percent outside the limit in Table 206-1 for pH. The remaining sample material from a single failing test shall be split into three equal portions. CDOT shall receive one portion, the Contractor shall receive one portion and the remaining portion shall be retained by the Project. CDOT and the Contractor's Lab shall retest the failed sample; if the results from those tests are within 10 percent of each other, the results will be averaged. The averaged result will be used for Contract compliance. If the results from the Labs are not within 10 percent of each other, the remaining sample portion will be sent to an independent laboratory for testing using the testing requirements specified above. The independent laboratory will be mutually agreed upon by the Department and the Contractor. The Independent Lab's test result will be used for Contract compliance. If the imported material's sulfates, chlorides, and resistivity are less than the limits and the pH is within the limits in Table 203-1 or 203-2, CDOT will bear all costs associated with the independent lab test. If the imported material's sulfates, chlorides, and resistivity is greater than the limits and the pH is outside the limits in Table 206- 1 or 206-2, all costs associated with independent lab testing shall be at the Contractor's expense. Embankment represented by failing tests shall be removed from the project and replaced at the Contractor's expense. 0 0 0 0 REVISION OF SECTION 206 IMPORTED MATERIAL FOR STRUCTURE BACKFILL Table 206-1 SULFATE, CHLORIDE AND PH OF IMPORTED MATERIAL SOIL Pipe Sulfate Chloride Class (SO4) (Cl) pH % max % max 0,7, 005 005 :6085; 1,7 0.10 0.10 6.0-8.5 2,'8 ;0 20 _ 0 20,gW,' 6 0 8 5 = 3,9 0.50 0.50 6.0-8.5 4,9 00 1 00 5 0 9 0 w . 5,10 2.00 2.00 5.0-9.0 6 10': ,; W'2 00 ;2400, <5 or> _.y ., Table 206-2 RESISTIVITY AND PH OF IMPORTED MATERIAL SOIL SIDE Resistivity, R (Ohm — cm) pH >_250 3.0-12.0 July 19, 2012 April 26, 2012 1 REVISION OF SECTION 206 STRUCTURE BACKFILL (FLOW -FILL) Section 206 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 206.02 (a) and replace with the following: (a) Structure Backfill. Class 1 and Class 2 structure backfill shall be composed of non -organic mineral aggregates and soil from excavations, borrow pits, or other sources. Material shall conform to the requirements of subsection 703.08. Class of material shall be as specified in the Contract or as designated. Structure backfill (Flow -Fill) meeting the following requirements shall be used to backfill bridge abutments. The Contractor may substitute structure backfill (Flow -Fill) for structure backfill (Class 1) or structure backfill (Class 2) to backfill culverts and sewer pipes. Flow -Fill is a self -leveling low strength concrete material composed of cement, fly ash, aggregates, water, chemical admixtures and/or cellular foam for air -entrainment. Flow -fill shall have a slump of 7 to 10 inches, when tested in accordance with ASTM C143 or a minimum flow consistency of 6 inches when tested in accordance with ASTM D6103. Flow -Fill shall have a minimum compressive strength of 50 psi at 28 days, when tested in accordance with ASTM D4832. Flash Fill shall not be used in lieu of Flow Fill. Flow -Fill placed in areas that require future excavation, such as utility backfill shall have a Removability Modulus (RM) of 1.5 or less. Removability Modulus, RM, is calculated as follows: RM= W15x104xCo.5 10 where: W = unit weight (pcf) C = 28-day compressive strength (psi) Materials for structure backfill (Flow -Fill) shall meet the requirements specified in the following subsections Fine Aggregate',4 703:01 Coarse Aggregate2 " 703.02 Portland Cement 701.01 Fly Ash3-4 701.02 Water 712.01 Air Entraining Admixture 711.02 Chemical Admixtures 711.03 Fine aggregate not meeting the requirements of subsection 703.01 may be used if testing indicates acceptable results for strength and air content. 2 Coarse aggregate not meeting the requirements of subsection 703.02 may be used if testing indicates acceptable results for strength and air content. 3 Fly ash not meeting the requirements of subsection 701.02 may be used if testing indicates acceptable results for strength and air content. 4 Industrial by-product aggregates (foundry sand, bottom ash, etc..) and fly ash not meeting the requirements of subsection 701.02 shall submit a report from the supplier documenting the results of testing in accordance with the Toxicity Characteristic Leaching Procedure (TCLP) described in 40 CFR 261. The report shall include the results of TCLP testing for heavy metals and other contaminants. Materials shall not exceed the TCLP limits of 40 CFR 261.24 for heavy metals Cellular foam shall conform to ASTM C869 and ASTM C796 Recycled broken glass (glass cutlet) is acceptable as part or all of the aggregate. Aggregate including glass must conform to the required gradations. All containers used to produce the cullet shall be empty prior to processing. Chemical, pharmaceutical, insecticide, pesticide, or other glass containers containing or having contained toxic or hazardous substances shall not be allowed and shall be grounds for rejecting the glass April 26, 2012 2 REVISION OF SECTION 206 STRUCTURE BACKFILL (FLOW -FILL) cullet. The maximum debris level in the cullet shall be 10 percent. Debris is defined as any deleterious material which impacts the performance of the structure backfill (Flow -Fill) including all non -glass constituents. The Contractor may use aggregate which does not meet the above specifications if the aggregate conforms to the following gradation: Sieve Size Percent Passing 25.0 mm (1 inch) 100 75 pm (No. 200) 0- 10' The amount of material passing the 75 pm (No. 200) screen may exceed 10 percent if testing indicates acceptable results for strength and air content. The Contractor shall submit a structure backfill (Flow -Fill) mix design for approval prior to placement. The mix design shall include the following laboratory test data: (1) ASTM C231, Air content (2) ASTM D6023, Unit Weight (3) ASTM C143, Slump or ASTM D6103 flow consistency (4) ASTM D4832 28-day Compressive Strength (5) Removability Modulus (RM) In subsection 206.03, delete the thirteenth through fifteenth paragraphs and replace with the following: • Compaction of structure backfill (Flow -Fill) shall not be performed. The maximum layer thickness for structure backfill (Flow -Fill) shall be 3 feet unless otherwise approved by the Engineer. The Contractor shall not place structure backfill (Flow -Fill) in layers that are too thick to cause damage to culverts, pipes and other structures, or that will cause formwork or soil failures during placement. Structure backfill (Flow -Fill) shall have an indention diameter less than 3 inches and the indention shall be free of visible water when tested in accordance with ASTM D6024 by the Contractor prior to placing additional layers of structure backfill (Flow-Fill).Testing structure backfill (Flow -Fill) in accordance with ASTM D6024 will be witnessed by the Engineer. Damage resulting from placing structure backfill (Flow -Fill) in layers that are too thick or from not allowing sufficient time between placements of layers shall be repaired at the Contractor's expense. The Contractor shall secure culverts, pipes and other structures to prevent floating and displacement of these items during the placement of the structure backfill (Flow -Fill). Prior to the placement of structure backfill (Flow -Fill), the Contractor shall sample the structure backfill (Flow -Fill) in accordance with ASTM D5971. The Contractor shall test the structure backfill (Flow -Fill) unit weight in accordance with ASTM D6023. The Contractor shall test the structure backfill (Flow -Fill) for slump in accordance with ASTM C143 or flow consistency according to ASTM D6103. The Contractor shall sample and test the first three loads of structure backfill (Flow -Fill) for each placement and then randomly once every 50 cubic yards. Sampling and testing will be witnessed by the Engineer When structure backfill (Flow -Fill) is placed in areas that require future excavation, the unit weight of the placed structure backfill (Flow -Fill) shall not exceed the unit weight of the approved mix design by more than 2.0 pcf. Structure backfill (Flow -Fill) shall not be allowed to freeze during placement and until it has set sufficiently according to ASTM D6024. Frozen structure backfill (Flow -Fill) shall be removed and replaced at the Contractor's • expense. When the Contractor substitutes Structure Backfill (Flow -Fill) for Structure Backfill (Class 1) or (Class 2), the trench width may be reduced to provide a minimum 6 inch clearance between the outside diameter of the culvert and the trench wall. July 29, 2011 REVISION OF SECTIONS 206 AND 601 BACKFILLING STRUCTURES THAT SUPPORT LATERAL EARTH PRESSURES Sections 206 and 601 of the Standard Specifications are hereby revised for this project as follows: In subsection 206.03, delete the ninth paragraph and replace with the following: Backfill material shall not be deposited against newly constructed masonry or concrete structures, until the concrete has developed a compressive strength of 0.8 f'c, except in cases where the structures support lateral earth pressure. Concrete compressive strength for structures supporting lateral earth pressure shall conform to subsection 601.12 (o). Subsection 601.12 shall include the following: (o) Backfilling Structures that Support Lateral Earth Pressure. Concrete compressive strengths shall reach fc before backfilling operations can begin with heavy equipment, such as skid -steers or self -powered riding compactors. Concrete compressive strengths shall reach 0.8 f'c before backfilling operations can begin with hand operated equipment. I] 11 0 i 0 January 31, 2013 REVISION OF SECTION 208 EROSION LOG Section 208 of the Standard Specifications is hereby revised for this project as follows: In subsection 208.02, delete (h) and replace with the following: (h) Erosion log. Shall be one of the following types unless otherwise shown on the plans: (1) Erosion Log (Type 1) shall be curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, photo -degradable tube netting and shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log called for on the plans. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. (2) Erosion Log (Type 2) shall consist of a blend of 30-40 percent weed free compost and 60-70 percent wood chips. The compost/wood blend material shall pass a 50 mm (2 inch) sieve with a minimum of 70 percent retained on the 9.5 mm (3/8 inch) sieve and comply to subsection 212.02 for the remaining compost physical properties. The compost/wood chip blend may be pneumatically shot into a geotextile cylindrical bag or be pre -manufactured. The geotextile bag shall consist of material with openings of 3/8 inches of HDPE mesh, and contain the compost/wood chip material while not limiting water infiltration. Erosion log (Type 1 and Type 2) shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log. Table 208-1 NOMINAL DIMENSIONS OF EROSION LOGS Diameter Length (feet) Weight (minimum) Stake (pounds/foot) Dimensions Inches Min. Max. 9 inch 10 180 ` 1 6 1 `5 by 1 5 (nominal) .., :. by 18 12 inch 10 180 2.5 1.5 by 1.5(nominal) by 24 20 inch 10 T °'. = <4.0 ,,. 2:by 2 (rfominal) ' b `: 30 , Stakes to secure erosion logs shall consist of pinewood or hardwood. Subsection 208.11 shall include the following: All BMPs measured by the linear foot shall be determined along the centerline of the BMP. Measured length will not include required overlap. No. 7724d r s POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAW.ARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review earefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: Sheryl[Shaiv, Nicole L. MCCollain, Site Wood, Bradley J. Jeffress, Kristen L. McCormick, Sarah Finn, Robert L. Cohen, Robert J. Reiter, Michael Liscber, Jr., Philip J. Monascb or. Jessica Talbot ofIMA, Inc. of Denver, CO its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the.Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this I tC day of P�It 2013. Attest: Berkley Regional Insurance Company (Seal) By /(_" By iV Ira S. Lederman after J Senior Vice President & Secretary e President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE `BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this / day of n'� `fu , 2013,_by Jeffrey M. Hafter and Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance Company. EILEEN KILLEEN A'(lTrIR),,,CIOLIC.SiAIEOFCOi\NFCTICUT Notary Public, State of Connecticut MY G61AiIISSION EXPIRES JU CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this 12th day of November 2013 (Seal) T a April 26, 2012 REVISION OF SECTION 212 SEED Section 212 of the Standard Specifications is hereby revised for this project as follows: In subsection 212.02 (a), delete the first paragraph and replace with the following: (a) Seed. All seed shall be furnished in bags or containers clearly labeled to show the name and address of the supplier, the seed name, the lot number, net weight, origin, the percent of weed seed content, the guaranteed percentage of purity and germination, pounds of pure live seed (PLS) of each seed species, and the total pounds of PLS in the container. All seeds shall be free from noxious weed seeds in accordance with current state and local lists and as indicated in Section 213. The Contractor shall furnish to the Engineer a signed statement certifying that the seed is from a lot that has been tested by a recognized laboratory for seed testing within thirteen months prior to the date of seeding. The Engineer may obtain seed samples from the seed equipment, furnished bags or containers to test seed for species identification, purity and germination. Seed tested and found to be less than 10 percent of the labeled certified PLS and different than the specified species will not be accepted. Seed which has become wet, moldy, or damaged in transit or in storage will not be accepted. 0 0 July 19, 2012 • REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Section 250 of the Standard Specifications is hereby revised for this project as follows: In subsection 250.03, delete the second and third paragraphs and replace with the following: This project may be in the vicinity of property associated with petroleum products, heavy metal based paint, landfill, buried foundations, abandoned utility lines, industrial area or other sites which can yield hazardous substances or produce dangerous gases. These hazardous substances or gases can migrate within or into the construction area and could create hazardous conditions. The Contractor shall use appropriate methods to reduce and control known landfill, industrial gases, and visible emissions from asbestos encounters and hazardous substances which exist or migrate into the construction area. The Contractor shall follow CDOT's Asbestos -Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011 for proper handling of asbestos -contaminated soil, and follow all applicable Solid and Hazardous Waste Regulations for . proper handling of soils encountered that contain any other substance mentioned above. Encountering suspected contaminated material, including groundwater, old foundations, building materials, demolition debris, or utility lines that may contain asbestos or be contaminated by asbestos, is possible at some point during the construction of this project. When suspected contaminated material, including groundwater, is encountered or brought to the surface, the procedures under subsection 250.03(d) shall be followed. In subsection 250.07 delete, (d) and replace with the following: (d) CDOT's Asbestos -Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011. Asbestos contaminated soil shall be managed in accordance with 6 CCR 1007-2, Section 5, Asbestos Waste Management Regulations. Regulations apply only upon discovery of asbestos materials during excavation and soil disturbing activities on construction projects, or when asbestos encounters are expected during construction. The contractor shall comply with procedures detailed in the CDPHE's Asbestos -Contaminated Soil Guidance Document and CDOT's approved Asbestos -Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011, including the following minimum requirements: (1) Immediate actions and implementation of interim controls to prevent visible emissions, exposure, and asbestos contamination in surrounding areas. (2) Soil Characterization. (3) Training required for all personnel involved in excavation and other soil disturbing activities, once asbestos is encountered during construction or on projects where asbestos encounters are expected. Training must be given by a Certified Asbestos Inspector or Certified Asbestos Abatement Designer with a minimum of six months experience inspecting asbestos contaminated soil. (4) Assessment for the presence and extent, within the proposed area of disturbance, of asbestos discoveries, whether expected or unexpected, by a Certified Asbestos Inspector. (5) Investigation and sampling required for risk assessment and management. Investigation, if required, shall be conducted by a Certified Asbestos Inspector. (6) Risk assessment and determinations for further management or abatement. (i) Risk assessment and determinations must be made by a Certified Asbestos Inspector, and coordinated with the Engineer. (ii) Soil remediation is not necessarily required, depending on the circumstances. (7) Submit 24-hour Notification of Unplanned Asbestos Discovery. (8) Submit 10-day Notification of Planned Asbestos Management. 0 April 26, 2012 REVISION OF SECTION 401 COMPACTION OF HOT MIX ASPHALT Section 401 of the Standard Specifications is hereby revised for this project'as follows: In subsection 401.17, delete the first paragraph and replace with the following: 401.17 Compaction. The hot mix asphalt shall be compacted by rolling. Both steel wheel and pneumatic tire rollers will be required. The number, weight, and type of rollers furnished shall be sufficient to obtain the required density while the mixture is in a workable condition. Compaction shall begin immediately after the mixture is placed and be continuous until the required density is obtained. When the mixture contains unmodified asphalt cement (PG 58-28 or PG 64-22) or modified (PG 58-34), and the surface temperature falls below 185 OF, further compaction effort shall not be applied unless approved, provided the Contractor can demonstrate that there is no damage to the finished mat. If the mixture contains modified asphalt cement (PG 76-28, PG 70-28 or PG 64-28) and the surface temperature falls below 230 OF, further compaction effort shall not be applied unless approved, provided the Contractor can demonstrate that there is no damage to the finished mat. Warm Mix Asphalt compaction requirements shall conform to CP 59. In subsection 401.17, delete the third paragraph and replace with the following: SMA shall be compacted to a density of 93 to 97 percent of the daily theoretical maximum specific gravity, determined according to CP 51. All other HMA shall be compacted to a density of 92 to 96 percent of the daily theoretical maximum specific gravity, determined according to CP 51. If more than one theoretical maximum specific gravity test is taken in a day, the average of the theoretical maximum specific gravity results will be used to determine the percent compaction. Field density determinations will be made in accordance with CP 44 or 81. In subsection 401.17, second to last paragraph, delete the first sentence and replace with the following: After production paving work has begun, a new Roller Pattern shall be demonstrated when a change in the compaction process is implemented. f- 0 July 19, 2012 REVISION OF SECTION 401 COMPACTION PAVEMENT TEST SECTION (CTS) Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.17, delete the fifteenth paragraph and replace with the following: Two sets of random cores shall be taken within the last 200 tons of the CTS. Each set shall consist of seven random cores. The Engineer will determine the coring locations using a stratified random sampling process. The locations of these cores will be such that one set can serve as a duplicate of the other. One set of these cores shall be immediately submitted to the Engineer. This set will be used for determining acceptance of the CTS and determining density correction factors for nuclear density equipment. Densities of the random samples will be determined by cores according to CP 44. Density correction factors for nuclear density equipment will be determined according to CP 81. Coring shall be performed under CDOT observation. Coring will not be measured and paid for separately but shall be included in the work. For SMA, a CTS is not used. The Contractor shall follow the requirements for the demonstration control strip in accordance with the Revision of Section 403, Stone Matrix Asphalt Pavement. 0 0 February 3, 2011 REVISION OF SECTION 401 TEMPERATURE SEGREGATION Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.16 delete the twelfth (last) paragraph and replace it with the following: The Engineer may evaluate the HMA for low density due to temperature segregation any time industry best practices, as detailed on Form 1346, are not being followed or the Engineer suspects temperature segregation is occurring. The Engineer will first meet with the Contractor to discuss the paving practices that are triggering the temperature investigation. Areas across the mat, excluding the outside 1 foot of both edges of the mat, that are more than 25 OF cooler than other material across the width may be marked for density testing. Material for temperature comparison will be evaluated in 3-foot intervals behind the paver across the width of the mat. The material shall be marked and tested in accordance with CP 58. If four or more areas within a lot of 500 tons have densities of less than 93 percent of the material's maximum specific gravity for SMA mixes or less than 92 percent of the material's maximum specific gravity for all other HMA mixes, a 5 percent price disincentive will be applied to the 500 ton lot. The 500 ton count begins when the Engineer starts looking for cold areas, not when the first cold area is detected. This price disincentive will be in addition to those described in Sections 105 and 106. Only one area per delivered truck will be counted toward the number of low density areas. Temperature segregation checks will be performed only in areas where continuous paving is possible. i i 0 May 2, 2013 REVISION OF SECTIONS 401 AND 412 SAFETY EDGE Sections 401 and 412 of the Standard Specifications are hereby revised for this project as follows: Subsection 401.10 shall include the following: The paver shall include an approved longitudinal paver wedge system to create a sloped safety edge as shown on the plans. The wedge system shall be attached to the screed and shall compact the HMA to a density at least as dense as the compaction imparted to the rest of the HMA layer by the paving screed. The system shall provide a sloped Safety Edge equal to 32 degrees plus or minus 5 degrees measured from the pavement surface cross slope extended. The use of a single plate strike off is not permitted. The system shall be adjustable to accommodate varying paving thicknesses. The Engineer may allow the Contractor to use handwork for short sections or to saw cut the sloped Safety Edge after paving operations are completed in areas such as transitions at driveways, intersections, interchanges. The Contractor shall submit the proposed system for approval at the Preconstruction Conference. The Engineer may require proof that the system has been used on previous projects with acceptable results or may require a test section constructed prior to the beginning of work to demonstrate that it creates an acceptable wedge shape and compaction. Paving shall not begin until the system is approved in writing by the Engineer. The Safety Edge may be constructed on each lift of HMA or on the full specified plan depth on the final lift. The finished shape of the Safety Edge shall extend for the full depth of the asphalt pavement or for the top 5 inches whichever is less. Subsection 401.22 shall include the following: All costs associated with the construction of the Safety Edge will not be paid for separately, but shall be included in the work. Subsection 412.07 shall include the following: The Contractor shall use an approved longitudinal paver wedge system to create a sloped Safety Edge. The Contractor shall modify the paver screed to create a Safety Edge that meets the final cross-section shown on the plans. The system shall provide a sloped Safety Edge equal to 32 degrees plus or minus 5 degrees measured from the pavement surface cross slope extended. There may be areas where it is not possible to place the Safety Edge in conjunction with mainline paving but where the Safety Edge is required, such as transitions at driveways, intersections, interchanges, etc. In these areas the Engineer may allow the Contractor to use handwork for short sections or to saw cut the sloped Safety Edge after paving operations are completed. The Contractor shall submit the proposed system for approval at the Preconstruction Conference. The Engineer may require proof that the system has been used on previous projects with acceptable results or may require a test section constructed prior to the beginning of work to demonstrate that it creates an acceptable wedge shape. Paving shall not begin until the system is approved in writing by the Engineer. The finished shape of the Safety Edge shall extend for the full depth of the concrete pavement or for the top 5 inches whichever is less. May 2, 2013 REVISION OF SECTIONS 401 AND 412 SAFETY EDGE Subsection 412.23 shall include the following: Concrete Safety Edge will be measured by the actual number of linear feet that are installed and accepted. Subsection 412.24 shall include the following: Pay Item Pay Unit Concrete Safety Edge Linear Foot Payment for concrete safety edge will be full compensation for all work and materials required to complete the item. 0 40 LJ 0 May 5, 2011 REVISION OF SECTIONS 412, 601 AND 711 LIQUID MEMBRANE -FORMING COMPOUNDS FOR CURING CONCRETE Sections 412, 601 and 711 of the Standard Specifications are hereby revised for this project as follows: In subsection 412.14, first paragraph, delete the second sentence and replace with the following: The impervious membrane curing compound shall meet the requirements of ASTM C 309, Type 2 and shall be volatile organic content (VOC) compliant. In subsection 601.13 (b), first paragraph, delete the second sentence and replace with the following: A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be used on surfaces where curing compound is allowed, except that Type 1 curing compound shall be used on exposed aggregate or colored concrete, or when directed by the Engineer. In subsection 601.16 (a) 1., delete the first sentence and replace with the following: 1. Membrane Forming Curing Compound Method. A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be uniformly applied to the surface of the deck, curbs and sidewalks at the rate of 1 gallon per 100 square feet. Delete subsection 711.01 and replace with the following: 711.01 Curing Materials. Curing materials shall conform to the following requirements: Burlap Cloth made from Jute or Kehaf AASHTO M 182: Liquid Membrane -Forming Compounds for Curing Concrete ASTM C 309 Sheet Materials for Curing Concrete- AASHTO M 171` *Only the performance requirements of AASHTO M171 shall apply. Straw used for curing shall consist of threshed straw of oats, barley, wheat, or rye. Clean field or marsh hay may be substituted for straw when approved by the Engineer. Old dry straw or hay which breaks readily in the spreading process will not be accepted. February 3, 2011 REVISION OF SECTION 601 CONCRETE BATCHING Section 601 of the Standard Specifications is hereby revised for this project as follows: In subsection 601.06, delete (13) and (17) and replace with the following: (13) Gallons of water added by truck operator, the time the water was added and the quantity of concrete in the truck each time water is added. (17) Water to cementitious material ratio. • 0 February.3, 2011 REVISION OF SECTIONS 601 CONCRETE FINISHING Section 601 of the Standard Specifications are hereby revised for this project as follows: In subsection 601.12 (a) delete the fifth paragraph and replace it with the following: Water shall not be added to the surface of the concrete to assist in finishing operations. Hand finishing should be minimized wherever possible. The hand finishing methods shall be addressed in the Quality Control Plan for concrete finishing. Hand finished concrete shall be struck off. and screeded with a portable screed that is at least 2 feet longer than the maximum width of the surface to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in -place for more than 30 minutes or when initial set has begun. Finishing tools made of aluminum shall not be used. The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in accordance with current Industry standards. It shall identify the Contractor's method for ensuring that the provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference. Concrete placement shall not begin until the Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality finished concrete including but not limited.to: (1) Timing of hand finishing operations (2) Methodology to place and transport concrete (3) Equipment and tools to be utilized (4) Qualifications and training of finishers and supervisors • When the Engineer determines that any element of the approved QCP is not being implemented or that hand finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to address improperly placed material and how to remedy future hand finishing failures and bring the work into compliance .with the QCP. The Engineer will review the plan for acceptability prior to authorizing the resumption of operations. In subsection 601.14(a) delete the fourth paragraph. 0 • • • EXHIBIT 1 — REVISED BID SCHEDULE ITEM NO. DESCRIPTION UNIT QUANTITY UNITCOST TOTAL 201-00000 CLEARING AND GRUBBING LS 1 $ - 202-00010 REMOVAL OF TREE EACH 2 $ - 202-00019 REMOVAL OF INLET EACH 1 $ - 202-00019 REMOVAL OF PIPE LF 50 $ - 202-00200 REMOVAL OF SIDEWALK SY 87 $ - 202-00203 REMOVAL OF CURB AND GUTTER LF 67 $ - 202-00210 REMOVAL OF CONCRETE PAVEMENT SY 45 $ - 202-00220 REMOVAL OF ASPHALT MAT SY 356 $ - 202-00705 REMOVAL OF LIGHT STANDARD EA 1 $ - 202-01000 REMOVAL OF FENCE LF 28 $ - 202-04000 REMOVAL OF EXISTING BRIDGE LS 1 $ - 203-00100 MUCK EXCAVATION CY 173 $ - 206-00000 STRUCTURE EXCAVATION CY 491 $ - 206-00065 STRUCTURE BACKFILL (FLOWFILL) CY 46 $ - 206-00100 STRUCTURE BACKFILL (CLASS 1) CY 298 $ - 206-01750 SHORING (AREA 1) L S 1 $ 208-00005 EROSION LOG(12 INCH) - LF 165 $ - 208-00034 GRAVEL BAG LF 40 $ - 208-00045 CONCRETE WASHOUT STRUCTURE EACH 1 $ - 208-00050 STORM DRAIN INLET PROTECTION EACH 2 208-00070 VEHICLE TRACKING PAD EACH 1 $ - 208-00103 REMOVAL AND DISPOSAL OF SEDIMENT (LABOR) HR 40 208-00106 SWEEPING (SEDIMENT REMOVAL) HR -' S 208-00107 REMOVAL OF TRASH HR 5 208-00205 EROSION CONTROL SUPERVISOR HR 120 $ - 211-03005 DEWATERING LS 1 212-00005 SEEDING (NATIVE) ACRE 0.02 $ - 212-00032 SOIL CONDITIONING ACRE 0.5 $ - 212-00100 TREE RETENTION AND PROTECTION LS 1 $ - 213-00002 MULCHING (WEED FREE HAY) ACRE 0.02 $ ' - 216-00041 SOIL RETENTION BLANKET (STRAW/COCONUT) SY 444 $ - Addendum 1 — 7568 Bryan Ave Bridge Replacement Page 2 of 6 0 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. Name of Bidder: 'Z(N-�L 2. Permanent main office address: i Lvnn ikcA QA, Lam }. . 3. When organized: 75u c\e, \CM h 4. If a corporation, where incorporated: UAL-C(NAc-) 5. How many years have you been engaged in the contracting business under your present firm or trade name?7 t,�rc�cs 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) • Stw� e_ 4NC -1"e.[' 7. General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? 1V 0 July 28, 2011 1 REVISION OF SECTION 601 • CONCRETE FORM AND FALSEWORK REMOVAL Section 601 of the Standard Specifications is hereby revised for this project as follows: In subsection 601.09, delete (h) and replace with the following: (h) Removal of Forms. The forms for any portion of the structure shall not be removed until the concrete is strong enough to withstand damage when the forms are removed. Unless specified in the plans, forms shall remain in place for members that resist dead load bending until concrete has reached a compressive strength of at least 80 percent of the required 28 day strength, 0.80fc. Forms for columns shall remain in place until concrete has reached a compressive strength of at least 1,000 psi. Forms for sides of beams, walls or other members that do not resist dead load bending shall remain in place until concrete has reached a compressive strength of at least 500 psi. Forms and supports for cast -in -place concrete box culverts (CBCs) shall not be removed until the concrete compressive strength exceeds 0.6 f,' for CBCs with spans up to and including 12 feet, and 0.67 f,' for CBCs with spans exceeding 12 feet but not larger than 20 feet. Forms for CBCs with spans larger than 20 feet shall not be removed until after all concrete has been placed in all spans and has attained a compressive strength of at least 0.80f c. Concrete compressive strength shall be determined using information concrete cylinders or by maturity meters. At the pre -pour conference, the Contractor shall submit the method of determining the structure's strength and the location where information cylinders will be taken or maturity meters placed. If information cylinders are used they shall be cast by the Contractor and cured in the same manner as the structure. A set of information cylinders shall be taken for each concrete placement on the structure. A set of • information cylinders shall be taken for any load of concrete that is being placed at the mid -span of beams and at support locations and other locations as directed by the Engineer. Casting of the information cylinders will be witnessed by the Engineer. The information cylinders shall remain in the molds and cured in the same manner as the structure until they are tested in the laboratory by the Engineer. Compressive strength shall be determined using the compressive strength of at least two information cylinders. The contractor shall be responsible for protecting the information cylinders from damage. Prior to placement of concrete whose strength will be determined with maturity meters, the Contractor shall provide the Engineer a report of maturity relationships in accordance with CP 69. The Contractor shall provide maturity meters and all necessary wires and connectors. The Contractor shall be responsible for the placement and maintenance of the maturity meter and wire. . At a minimum a maturity meter will be placed at the mid -span of beams and at support locations. Placement shall be as directed by the Engineer. For structures with multiple sets of information cylinders or maturity meters, the lowest compressive strength shall determine when the forms can be removed. Acceptance cylinders shall not be used for determining compressive strength to remove forms. When field operations are controlled by information cylinder tests or maturity meter, the removal of forms, supports and housing, and the discontinuance of heating and curing may begin when the concrete is found to have the required compressive strength. Forms for median barrier, railing or curbs, may be removed at the convenience of the Contractor after the concrete has hardened. All forms shall be removed except permanent steel bridge deck forms and forms used to support hollow abutments or hollow piers when no permanent access is available into the cells. When permanent access is . provided into box girders, all interior forms and loose material shall be removed, and the inside of box girders shall be cleaned. July 28, 2011 • REVISION OF SECTION 601 CONCRETE FORM AND FALSEWORK REMOVAL In subsection 601.11, delete (e) and replace with the following (e) Falsework Removal. Unless specified in the plans or specifications, falsework shall remain in place until concrete has attained a minimum compressive strength of 0.80f'c. Falsework supporting any span of a simple span bridge shall not be released until after all concrete, excluding concrete above the bridge deck, has attained a compressive strength of at least 0.80fc. Falsework supporting any span of a continuous or rigid frame bridge shall not be released until after all concrete, excluding concrete above the bridge deck, has been placed in all spans and has attained the compressive strength of at least O.80fc. Falsework for arch bridges shall be removed uniformly and gradually, beginning at the crown, to permit the arch to take its load slowly and evenly. Falsework supporting overhangs and deck slabs between girders shall not be released until the deck concrete has attained a compressive strength of at least 0.80fc. Falsework for pier caps which will support steel or precast concrete girders shall not be released until the concrete has attained a compressive strength of at least O.80f'c. Girders shall not be erected onto such pier caps until the concrete in the cap has attained the compressive strength of at least 0.80f'c. Falsework for cast -in -place prestressed portions of structures shall not be released until after the pre -stressing steel has been tensioned. Concrete compressive strength shall be determined using information concrete cylinders or by maturity meters. At the pre -pour conference, the Contractor shall submit the method of determining the structure's strength and the location that information cylinders will be taken or maturity meters placed. If information cylinders are used they shall be cast by the Contractor and cured in the same manner as the structure. A set of information cylinders shall be taken for each concrete placement on the structure. A set of information cylinders shall be taken for any load of concrete that is being placed at the mid -span of beams and at support locations and other locations as directed by the Engineer. Casting of the information cylinders will be witnessed by the Engineer. The information cylinders shall remain in the molds and cured in the same manner as the structure until they are tested in the laboratory by the Engineer. Compressive strength shall be determined using the compressive strength of at least two information cylinders. The Contractor shall be responsible for protecting the information cylinders from damage. Prior to placement of concrete whose strength will be determined with maturity meters, the Contractor shall provide the Engineer a report of maturity relationships in accordance with CP 69. The Contractor shall provide maturity meters and all necessary wires and connectors. The Contractor shall be responsible for the placement and maintenance of the maturity meters and wires. At a minimum a maturity meter will be placed at the mid -span of beams and at support locations. Placement shall be as directed by the Engineer. For structures with multiple sets of information cylinders or maturity meters, the lowest compressive strength shall determine when the falsework can be removed. Acceptance cylinders shall not be used for determining compressive strength to remove falsework. 0 July 29, 2011 REVISION OF SECTION 601 CONCRETE SLUMP ACCEPTANCE Section 601 of the Standard Specifications is hereby revised for this project as follows: Delete the fifth paragraph of Subsection 601.05 and replace with the following: Except for Class BZ concrete, the slump of the delivered concrete shall be the slump of the approved concrete mix design plus or minus 2.0 inch. The laboratory trial mix must produce an average compressive strength at least 115 percent of the required field compressive strength specified in Table 601-1. When entrained air is specified in the Contract for Class BZ concrete, an air entraining admixture may be added to an approved Class BZ mix design. A new trial mix will not be required. Delete Subsection 601.17 (b), 601.17 (d) and Table 601-3 and replace with the following: (b) Slump. Slump acceptance, but not rejection, may be visually determined by the Engineer. Any batch that exceeds the slump of the approved concrete mix design by 2.0 inches will be retested. If the slump is exceeded a second time, that load is rejected. If the slump is greater than 2 inches lower than the approved concrete mix design, the load can be adjusted with a water reducer, or by adding water (if the w/cm allows) and retested. Portions of loads incorporated into structures prior to determining test results which indicate rejection as the correct course of action shall be subject to reduced payment or removal as determined by the Engineer. (d) Pay Factors. The pay factor for concrete which is allowed to remain in place at a reduced price shall be according to Table 601-3 and shall be applied to the unit price bid for Item 601, Structural Concrete. If deviations occur in air content and strength within the same batch, the pay factor for the batch shall be the product of the individual pay factors. Table 601-3 PAY FACTORS Percent Total Air Strength Deviations From Specified Air Percent Pay Factor (Percent) Below Specified Strength (psi) a 4500 psi Concretel Pay Factor (Percent) Below Specified Strength (psi) >_ 4500 psi Concrete 0.0-0.2 98 1-100 98 1-100 0.3-0.4 96 101-200 96 101-200 0.5-0.6 92 201-300 92 201-300 0.7-0.8 84 301-400 84 301-400 0.9-1.0 75 •401-500 75 401-500 Over 1.0 Reiect Over 500 Reject 65 501-600 54 601-700 42 701-800 29 801-900 15 901-1000 Reject Over 1000 0 0 11 11 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.16 delete the fifth paragraph. February 17, 2012 February 3, 2011 REVISION OF SECTION 630 RETROREFLECTIVE SIGN SHEETING (WITH TYPE VI SHEETING) Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.02, delete the sixth and seventh paragraphs, including Table 630-1, and replace them with the following: Retroreflective sheeting for all signs requiring an orange background shall be Type VI or Type Fluorescent. Retroreflective sheeting for all signs requiring a yellow background shall Type Fluorescent. Table 630-1 RETROREFLECTIVE SHEETING TYPES Type VI 1 Sheeting Type IV* (Boll -up sign material) Type Fluorescent Application Work Zone Work Zone Work Zone x ^x. AllOrange_Gonuructwn_Signsiu�'^"�.. .. a, �":,,.�.,.,. 3. Orange Construction Signs that are used only during daytime X4 X hours for short term or mobile operations .Biv:ncadesr(aT,emporary,.),,,-�,.,.Sx Vertical Panels X Flaggers,Stop/SlowPa Idle z' Mlmgw ` Drums X Y� "Non orange F.ixe xedsSupport Signs >_withipre i. "R A Special Warning Signs X _OP sign (R,�g *"M, f?XIELD sign Rl �j RONG WAS sign (It5-1a X q sDONOT ENTF R sign-(R�-F) _ XITstgnsfC9a1a), n.. 'r`x. a. , n- DETOUR sign (M4-9) or X (M4-10) AlFother filed support igns All other signs used only during X X working hours =AIIff! I 1 "4 0: . `MMa ��-Y�')ff other s�gnsctha�t �re.used �>y'rR only during day time hours for MX-811140M, X*'sliort�term;ortmobile operations I Fluorescent Sheeting shall be of a brand that is on the CDOT Approved Products List. 2 Drum Sheeting shall be manufactured for flexible devices. 3 Fixed support signs are defined as all signs that must remain in use outside of working hours. They shall be mounted in accordance with Standard Plan S-630-1. 4 RS 24 only. 5 White only. ♦ New signs and devices shall be manufactured with Type IV sheeting. Existing signs and devices manufactured with Type III sheeting may be used on projects advertised prior to January 1, 2014. Signs and devices used on projects advertised on or after January 1, 2014 shall be manufactured with Type IV sheeting. • I* r� February 3, 2011 REVISION OF SECTION 630 RETROREFLECTIVE SIGN SHEETING Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.06, first paragraph, delete the fifth sentence and replace with the following: Retroreflective sheeting on new devices shall be Type IV. Existing devices manufactured with Type III sheeting may be used on projects advertised prior to January 1, 2014. Devices used on projects advertised on or after January 1, 2014 shall be manufactured with Type IV sheeting. 0 January 31, 2013 REVISION OF SECTION 630 • SIGNS AND BARRICADES Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.02, delete the second paragraph, and replace with the following: Temporary sign support assembly shall be timber, perforated square metal tubing inserted into a larger base post or slip base or perforated metal U-channel with a slip base. The temporary sign support assembly shall conform to NCHRP and AASHTO requirements regarding temporary sign supports during construction. Subsection 630.02 shall include the following: If a timber post is selected, it shall conform to the requirements of subsection 614.02. 0 November 1, 2012 1 REVISION OF SECTION 703 AGGREGATES FOR HOT MIX ASPHALT Section 703 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 703.04 and replace with the following: 703.04 Aggregates for Hot Mix Asphalt. Aggregates for hot mix asphalt (HMA) shall be of uniform quality, composed of clean, hard, durable particles of crushed stone, crushed gravel, natural gravel, or crushed slag. Excess of fine material shall be wasted before crushing. A percentage of the aggregate retained on the 4.75 mm (No. 4) sieve for Gradings S, SX and SG— and on the 2.36 mm (No. 8) sieve for Gradings SF and ST—shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. This percentage will be specified in Table 403-1, as revised for the project in Section 403. The angularity of the fine aggregate shall be a minimum of 45.0 percent when determined according to AASHTO T 304. Grading SF mixes, when determined by RME, may not require fine aggregate angularity of 45.0 percent. Aggregate samples representing each aggregate stockpile shall be non -plastic if the percent of aggregate passing the 2.36 mm (No. 8) sieve is greater than or equal to 10 percent by weight of the individual aggregate sample. Plasticity will be determined in accordance with AASHTO T 90. The material shall not contain clay balls, vegetable matter, or other deleterious substances. The aggregate for Gradings ST, S, SX and SG shall have a percentage of wear of 45 or less when tested in accordance with AASHTO T 96. Table 703-4 MASTER RANGE TABLE FOR HOT MIX ASPHALT Percent by Weight Passing Square Mesh Sieves Sieve Size Grading SF"` Grading ST Grading SX Grading S Grading SG 37.5 mm 100 25.0 mm (1 ") 100 90-100 12.5 mm ('/2') 9.5 mm ('/8') 100 100 90-100 90-100 28 — 58 — 28 — 58 --- 23 — 49 -- -� _ 19 - 45 — 4.75 mm (#4) 2.36 mm (#8)- 1.18 mm (#16) 90-100 — — -- 30 — 54 600 µm (#30) 150 µm (#100) 2-10 2-12 75µm(#200) 2-10 2-8 1-7 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. **SF applications are limited and the CDOT Pavement Design Manual should be referenced, prior to use. Aggregates for stone matrix asphalt (SMA) shall be of uniform quality, composed of clean, hard, durable particles of crushed stone, crushed gravel, or crushed slag. A minimum of 90 percent of the particles retained on the 4.75 mm (No. 4) sieve shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. The particles passing the 4.75 mm (No. 4) sieve shall be the product of crushing rock larger than 12.5 mm ('/ inch) and shall be non -plastic when tested in accordance with AASHTO T 90. November 1, 2012 2 REVISION OF SECTION 703 AGGREGATES FOR HOT MIX ASPHALT Additionally, each source of aggregate for SMA shall meet the following requirements: (1) No more than 30 percent when tested in accordance with AASHTO T 96 Resistance to Degradation of Small - Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (2) No more than 12 percent when tested in accordance with AASHTO T 104 Soundness of Aggregate by Use of Sodium Sulfate. The aggregate for Hot Mix Asphalt (HMA) shall meet the requirements of Table 7034A when tested in accordance with CP-L 4211 Resistance of Coarse Aggregate to Degradation by Abrasion in the Micro-Deval Apparatus. The Contractor shall be assessed a price reduction of $1000 for each production sample of the combined aggregate with a value greater than 20 according to CP-L 4211. Table 7034A AGGREGATE DEGRADATION BY ABRASION IN THE MICRO-DEVAL CP-L 4211 Not to exceed .Combined Aggregate (Mix Design) 18 Combined Aggregate (1/10,000 tons, or fraction thereof duringproduction) 20 0 0 • • July 28, 2011 REVISION OF SECTION 701" CONCRETE AGGREGATES Section 703 of the Standard Specifications is hereby revised for this project as follows: Delete the second paragraph of subsection 703.00 and Table 703-1. Delete subsections 703.01 and 703.02 and replace with the following: 703.01 Fine Aggregate for Concrete. Fine aggregate for concrete shall conform to the requirements of AASHTO M 6, Class A. The minimum sand equivalent, as tested in accordance with Colorado Procedure 37 shall be 80 unless otherwise specified. The fineness modulus, as determined by AASHTO T 27, shall not be less than 2.50 or greater than 3.50 unless otherwise approved. 703.02 Coarse Aggregate for Concrete. Coarse aggregate for concrete shall conform to the requirements of AASHTO M 80, Class A aggregates, except that the percentage of wear shall not exceed 45 when tested in accordance with AASHTO T 96. i If so, where and why? 10. Are you debarred by any government agency? Kin If yes list agency name 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. • • 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: �2P n,C )X P0 *14. Background and experience of the principal members of your organization, including officers: �2e i��k c.i��,.pr➢� February 3, 2011 \J REVISION OF SECTION 712 WATER FOR MIXING OR CURING CONCRETE Section 712 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 712.01 and replace it with the following: 712.01 Water. Water used in mixing or curing concrete shall be reasonably clean and free of oil, salt, acid, alkali, sugar, vegetation, or other substance injurious to the finished product. Concrete mixing water shall meet the requirements of ASTM C1602. The Contractor shall perform and submit tests to the Engineer at the frequencies listed in ASTM C1602. Potable water maybe used without testing. Where the source of water is relatively shallow, the intake shall be so enclosed as to exclude silt, mud, grass, and other foreign materials. • 0 0 February 3, 2011 1 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY A. AFFIRMATIVE ACTION REQUIREMENTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: Goals and Timetable for Minority Utilization Timetable - Until Further Notice Economic Standard Metropolitan Counties Goal Area Statistical Area SMSA Involved 157 2080 Denver -Boulder Adams, Arapahoe, Boulder, Denver, (Denver) Douglas, Gilpin, Jefferson ................... 13.8% 2670 Fort Collins Larimer................................................ 6.9% 3060 Greeley Weld .................................................... 13.1% Non SMSA Counties Cheyenne, Clear Creek, Elbert, Grand, Kit Carson, Logan, Morgan, Park, Phillips, Sedgwick, Summit, Washington & Yuma ............................ 12.8% 158 1720 Colorado Springs El Paso, Teller ..................................... 10.9% (Colo. Spgs. - 6560 Pueblo Pueblo ................................................. 27.5% Pueblo) Non SMSA Counties Alamosa, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Lake, Las Animas, Lincoln, Mineral, Otero, Prowers, Rio Grande, Saguache........ 19.0% 159 Non SMSA Archuleta, Delta, Dolores, Eagle, (Grand Junction) Garfield, Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Routt, San Juan, San Miguel 10.2% 156 (Cheyenne - Non SMSA Jackson County, Colorado .................. 7.5% Casper WY) GOALS AND TIMETABLES FOR FEMALE UTILIZATION UntilFurther Notice......................................................................................................................6.9% Statewide February 3, 2011 2 AFFIRMATIVE ACTION REQUIREMENTS • EQUAL EMPLOYMENT OPPORTUNITY These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for the geographical area where the contract resulting form this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this specification, and in the contract resulting from this solicitation, the "covered area" is the county or counties shown on the Invitation for Bids and on the plans. In cases where the work is in two or more counties covered by differing percentage goals, the highest percentage will govern. 11 February 3, 2011 3 • AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director' means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority' includes; (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractor toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance Programs Office or from Federal procurement contracting • officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. February 3, 2011 4 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off - the -street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union with`which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when he Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc., by specific review of the policy with all management personnel and with.all minority and female employees at least once a year, and by posting the Contractor's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. • February 3, 2011 5 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g. Revi6w, at least annually, the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and Contractor's activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation. February 3, 2011 6 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor - union contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even thought the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13 The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form, however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 2 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). • February 3, 2011 7 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES. 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal -Aid highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract provisions. b. The Contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The Contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway Program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The Contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the following • statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program; It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State highway agency contracting officers and equal employment opportunity officer (herein after referred to as the EEO Officer) who will have the responsibility for an must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum; (1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the Contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The • meetings will be conducted by the EEO Officer or other knowledgeable company official. February 3, 2011 8 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the Contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the Contractor. (3) All 'personnel who are engaged in direct recruitment for the project will be instructed by the EEO' Officer or appropriate company official in the Contractor's procedures for locating and hiring minority group employees. b. In order to make the Contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions, (where appropriate), college placement officers, etc., the Contractor will take the following actions: (1) Notices and posters setting forth the Contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2) The Contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the Contractor will include in all advertisements for employees the notation; "An Equal Opportunity Employer." All such advertisements will be published in • newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the Contractor will, through his EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the Contractor for employment consideration. In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the Contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the Contractor to do the same„ such implementation violates Executive Order 11246, as amended.) c. The Contractor will encourage his present employees to refer minority group applicants for - employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. 6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed; a. The Contractor will conduct periodic inspections of project sites to insure that working conditions • and employee facilities do not indicate discriminatory treatment of project site personnel. February 3, 2011 9 • AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY b. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor will inform every complainant of all of his avenues of appeal. 7. Training and Promotion. a. The Contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the Contractor's work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on- the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. Sc. The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women with the unions, and to effect referrals by such unions of minority and female employees. Actions by the Contractor either directly or thorough a contractor's association acting as agent will include the procedures set forth below: a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The Contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. 9 i 15. Credit available: $ , 16. Bank Reference: SPL 0AAaCkAQA 17. Will you, upon request, fill outa detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General Contractor? N en, If yes, in what city; county and state? .r�Xo-cOuNO.. l Lt j c? What class, ;li.cense and numbers?,(�1 19. Do you anticipate subcontracting Work under this Contract? �5 if yes, what. percent of total contract? 3R l And to whom? A"w \1&aWa i�.k. !jj- E-tj Lts 3w. w.S�wa,4�, 20. Are any lawsuits pending against you or your firm at this time? QO IF yes, DETAIL 21. What are the limits of your public liability? DETAIL k4&A'Aj.- Whatcompany? �w`� •�U - L2ci:U 1 22. What are your company's bonding limitations? 7_i iyv %ww 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the,OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. February 3, 2011 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within he time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion , sex or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such Contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority -owned construction firms from State highway agency personnel. b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The Contractor will keep such records as are necessary to determine compliance with the Contractor's equal employment opportunity obligations. The records kept by the Contractor will be designed to indicate: (1) The number of minority and nonminority group members and women employed in each work . classification on the project. (2) The Progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force). (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The Contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR 1391. February 3, 2011 1 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (a) Definitions and Procedures For this project, the following terms are defined: Disadvantaged Business Enterprise (DBE). A small business concern that is certified as being: A. At least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and B. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. C. Socially and economically disadvantaged individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is: (1) Any individual whom the Colorado Department of Transportation Office of Certification or the City and County of Denver Division of Small Business Opportunity (DSBO) finds to be a socially and economically disadvantaged individual. (2) Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged: a. 'Black Americans," which includes persons having origins in any of the Black racial groups of Africa; b. "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; c. "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; d. "Asian -Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; e. "Subcontinent Asian Americans," which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; f. "Women", which means females of any ethnicity; g. "Other," which means any additional groups whose members are designated as socially and economically disadvantaged by the Small Business Administration (SBA), at such time as the SBA designation becomes effective and/or individuals who have been determined to be socially and economically disadvantaged based on the criteria for social and economic disadvantage. 2. Underutilized DBE (UDBE). A firm which meets the definition of DBE above and is eligible to meet the contract goal as defined in the project special provision titled "Contract Goal." • February 3, 2011 2 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 3. DBE Joint Venture. Joint venture means an association of a DBE firm and one or more other firms to carry out a single, for -profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. A DBE joint venture must be certified as a joint venture by the Business Programs Office at CDOT. A. For those projects set -aside for bidding by UDBEs only; all of the partners in a joint venture must be UDBEs and certification of the joint venture will not be required. B. For all projects other than the set -aside projects discussed in A. above; one of the partners in a joint venture must be a DBE. The DBE percentage of the joint venture will be determined at the time of certification. 4. Contract Goal. The goal for UDBE participation that the Department determines should appropriately be met by the successful bidder. Contract goal will be the percentage stated in the invitation for bids and in the project special provisions. Successful bidders that are awarded a Contract based on good faith efforts shall continue to make good faith efforts through the period of time that work on the project is in process, to provide for additional UDBE participation toward meeting the goal. 5. Good Faith Efforts. It is the obligation of the bidder to make good faith efforts to meet the contract goal prior to the bid opening. The bidder can demonstrate that it has done so either by meeting the contract goal or by documenting good faith efforts made. CDOT will evaluate only the good faith efforts made by the bidder prior to the bid opening. Any UDBE Participation submitted on Form 715 that exceeds the participation submitted on Form 714 will be accepted as additional UDBE participation, but will not be counted as Good Faith Efforts and will not exempt a bidder from fulfilling the Good Faith Efforts requirements. The apparently successful bidder shall report all efforts made including but not limited to the efforts required on Form 718. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain UDBE participation sufficient to meet the DBE contract goal. The bidder may submit information on its UDBE successes in the preparation of this bid and its successes on CDOT projects during the three preceding calendar years. These successes shall be documented in Section IV of the Form 718. Other factors the bidder considers relevant to its past performance in meeting CDOT UDBE contract goals shall also be documented in Section IV of the Form 718. In determining whether a bidder has made good faith efforts, CDOT will consider the performance of the apparently successful bidder in meeting UDBE contract goals over the preceding three calendar years. This will include performance at the time of Contract bid and at the time of Contract close. CDOT will use this information to help assess the bidder's ongoing level of commitment in performing good faith efforts to meet project goals. CDOT will also take into account the performance of other bidders in meeting the contract goal. For example, when the apparently successful bidder fails to meet the contract goal, but others meet it, CDOT will reasonably raise the question of whether, with additional reasonable efforts, the apparently successful bidder could have met the goal. The greater the difference between the contract goal and the apparently successful bidder's DBE commitments on the Form 714, the greater the level of Good Faith Efforts expected by CDOT. If the apparently successful bidder fails to meet the goal, but meets or exceeds the average UDBE participation obtained by other bidders, CDOT will view this, in conjunction with other factors, as evidence that the apparently successful bidder may have made adequate good faith efforts. February 3, 2011 3 • DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS CDOT will accept verifiable comments from persons that have specific information pertaining directly to the efforts made by the bidder to reach the contract goal on this project. CDOT will consider these comments as part of its good faith effort analysis prior to issuing its decision regarding whether good faith efforts were employed by the apparently successful bidder. To be considered during CDOT's good faith effort analysis for the project, such comments must be submitted by letter, fax, or email. Comments must be sufficiently detailed, and must be received by CDOT within seven calendar days after the bid opening. Written comments should be submitted to CDOT based on the contact information listed at http://www.dot.state.co.us/EEO/ContactUs.htm . The Business Programs Office, with the DBE Liaison's Approval, will notify the apparently successful bidder by fax regarding any deficiencies in the documentation and effort demonstrated by the bidder. This fax will include the Business Programs Office's recommendation to the DBE Liaison Officer regarding whether the good faith effort demonstrated was sufficient for the bidder to be regarded as responsible. If the bidder may be regarded as responsible but with minor deficiencies in its good faith effort, the bidder will be expected to correct any deficiencies noted prior to bidding on other CDOT projects. Within five working days of being informed by the Business Programs Office that it is not a responsible bidder because it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration from the Good Faith Efforts (GFE) Committee, which will not have played any role in the original determination that the bidder did not document sufficient good faith efforts. The bidder should make this request to: Good Faith Efforts Committee Fax: 303-757-9019 Phone: "303-757-9234 • As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so. The bidder will also have the opportunity to meet in person with CDOT's GFE Committee to discuss the issue of whether it met the goal or made adequate good faith efforts prior to the bid opening to do so. The Business Programs Office, with the DBE Liaison's Approval, will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts prior to the bid opening to do so. The GFE Review Committee will make a recommendation to the DBE Liaison Officer. The DBE Liaison Officer will review the good faith efforts documentation and the recommendation of the GFE Review Committee, determine whether the required efforts are sufficient for award and notify the Chief Engineer of this finding. The Chief Engineer will make the final decision regarding award. There will be no administrative appeal of the Chief Engineer's decision. The Chief Engineer may pursue award of the Contract to the next lowest responsible bidder based upon this decision. If award of the Contract is made based on the Contractor's good faith efforts, the goal will not be waived. The Contractor will be expected to continue to make good faith efforts as described below throughout the duration of the Contract. To demonstrate Good Faith Efforts to meet the contract goal throughout the performance of the Contract, the Contractor shall document to the CDOT Region Civil Rights Professional the steps taken on Form 205. For each subcontract item not identified for DBE participation on Form 718, steps the Contractor must take include but are not limited to the following: A. Seek out and consider UDBEs as potential subcontractors. (1) Contact all UDBEs for each category of work that is being subcontracted. (2) Affirmatively solicit their interest, capability, and price quotations. • (3) Provide equal time for all prospective subcontractors to prepare their proposals. (4) Provide at least as much time to UDBEs in assisting them to prepare their bids for subcontract work as to non UDBE subcontractors. (5) Award subcontracts to UDBEs where their quotations are reasonably competitive with other quotations received. February 3, 2011 4 DISADVANTAGED BUSINESS ENTERPRISE • DEFINITIONS AND REQUIREMENTS B. Maintain documentation of UDBEs contacted and their responses. (1) Maintain a list of UDBEs contacted as prospective subcontractors. (2) Maintain thorough documentation of criteria used to select each subcontractor. (3) Where a UDBE expressed an interest in a subcontract and made a quotation, and where the work was not awarded to a UDBE, furnish a detailed letter explaining the reasons. (b) Certification as a DBE by the Department 1. Any contractor may apply to the Colorado Department of Transportation Office of Certification or the City and County of Denver Division of Small Business Opportunity (DSBO) for status as a DBE. Application shall be made on the USDOT's Uniform Certification Application Form as provided by these agencies for certification of DBEs. Application need not be made in connection with a particular bid. Only work contracted to UDBE contractors or subcontracted to UDBEs and independently performed by UDBEs shall be considered toward contract goals as established elsewhere in these specifications. 2. It shall be the Contractor's responsibility to submit applications so that the certifying agency has sufficient time to render decisions. The certifying agency will review applications in a timely manner but is not committed to render decisions about a firm's DBE status within any given period of time. 3. The Department will publish an online directory of DBE contractors, vendors and suppliers for the purpose of providing a reference source to assist any bidder in identifying DBEs and UDBEs. Bidders will be solely responsible for verifying the Certification of DBEs they intend to use prior to submitting a proposal. The directory is updated daily by the certifying agencies and is accessible online at http://www.dot.state.co.us/app_ucp/ . 4. Bidders shall exercise their own judgments in selecting any subcontractor to perform any portion of the • work. 5. Permission for a DBE/non-DBE joint venture to bid on a specific project may be obtained from the Business Programs Office based on information provided by the proposed joint venture on Form 893, "Information For Determining DBE Participation When A Joint Venture Includes A DBE". Joint applications should be submitted well in advance of bid openings. (c) Bidding Requirements 1. All bidders shall submit with their proposals a fully executed Form 714 including a list of the names of their UDBE subcontractors to meet the contract goal. The apparently successful bidder shall submit a fully executed Form 715 for each UDBE used to meet the contract goal (sample attached) no later than 4:00 p.m. on the third work day after the date of bid opening to the Business Programs Office in the Center for Equal Opportunity. Form 715 may be submitted by FAX, at Fax number (303)757-9019, with an original copy to follow. If the contract goal is not met, the apparently successful bidder shall submit a completed Form 718 and corresponding evidence of good faith efforts no later than 4:00 on the day following the bid opening to the Business Programs Office in the Center for Equal Opportunity. CDOT Form No. 718 may be submitted by FAX, at Fax number (303)757-9019, with an original copy to follow. A copy of Form 718 is incorporated into this specification. 2. The award of Contract, if awarded, will be made to the lowest responsible bidder that will meet or exceed the contract goal or, if the goal will not be met, is able to demonstrate that good faith efforts were made to meet the goal. Good faith efforts are explained in (a) of this special provision. 3. The use of the UDBE firms named on Form 714 or on a Form 715, for the items of work described, is a condition of award. The replacement of a named UDBE firm will be allowed only as provided for in (e) of this special provision. Failure to comply will constitute grounds for default and termination of the • Contract. February 3, 2011 • DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS 4. Contractor's DBE Obligation. The prime Contractor bidding on construction projects advertised by the Department agrees to ensure that Disadvantaged Business Enterprises (DBEs), as defined in this special provision, have equal opportunity to participate in the performance of contracts or subcontracts financed in whole or in part with Federal or State funds. The prime Contractor shall not discriminate on.the basis of race, color, national origin, or sex in the bidding process or the performance of contracts. To ensure that UDBEs are offered equal opportunity to participate in the performance of contracts, it is the responsibility of the prime Contractor to offer and to provide assistance to UDBEs related to the UDBE performance of the subcontract. However, the UDBE must independently perform a commercially useful function on the project. (d) Counting DBE Participation Toward Contract Goals and CDOT's annual DBE goal 1. Once a firm has been certified as a DBE the total dollar amount of the contract awarded to the firm shall be counted toward CDOT's annual DBE goal and the contract goal as explained below, and as modified for the project in the project special provisions titled "Contract Goal." 2. The actual dollar total of a proposed subcontract, supply or service contract with any DBE firm shall be reported to the Department using Form 713. A Form 713 for subcontracts is to be submitted with the Form 205 and receipt will be a condition of approval. The eligibility of a proposed DBE subcontractor will be finally established based on the firm's status at the time of Form 205 approval. A Form 713 for a supply or service contract is to be submitted once a contract has been fully executed so the Department will be able to report the DBE participation in a timely manner. The eligibility of a DBE supplier or service firm will be finally established as of the date the Form 713 is received by the Department. A Form 205 is not required for a supply or service contract. If a firm becomes certified as a DBE during performance under a fully executed contract with CDOT but prior to the DBE performing any work, then 100 percent of the work performed by the firm under that contract may be claimed as eligible work. 3. The Contractor may count toward its contract goal the percentage of the total dollar amount of a contract with a Department certified joint venture that equals the percentage of the ownership and control of the UDBE partner in a joint venture. 4. A The Contractor may count toward its contract goal only that percentage of expenditures to UDBEs which independently perform a commercially useful function in the work of a contract. A DBE is considered to be performing a commercially useful function by actually performing, managing, and supervising the work involved. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, work performed solely by the DBE, industry practices, and other relevant factors. B. A DBE may enter into subcontracts consistent with normal industry practices. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE shall be presumed not to be performing a commercially useful function. The DBE may present evidence to rebut this presumption to the Department. 5. The Contractor may count toward its contract goal the percentage of expenditures for transportation services obtained from UDBE trucking firms, provided the UDBE controls the trucking operations for which it seeks credit. A UDBE trucking firm must have at least one truck and driver of its own, but it can lease trucks owned by others, both DBEs and non -DBEs, including owner -operators. For work done with its own trucks and drivers, and for work done with DBE lessees, the UDBE trucking firm receives credit for • all transportation services provided. For work done with non -DBE lessees, the UDBE trucking firm gets credit only for the fees or commissions it receives for arranging the transportation services, because the services themselves are being performed by non -DBEs. February 3, 2011 6 DISADVANTAGED BUSINESS ENTERPRISE • DEFINITIONS AND REQUIREMENTS 6. The Contractor may count toward its contract goal the percentage of expenditures for mateirials and supplies obtained from UDBE suppliers (regular dealers) and manufacturers, provided that the UDBEs assume the actual and contractual responsibility for and actually provide the materials and supplies. A. The Contractor may count 100 percent of its expenditures to a UDBE manufacturer. A DBE manufacturer is a certified firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Contractor. The Contractor may count 60 percent of its expenditures to UDBE suppliers (regular dealers) that are not manufacturers, provided that the DBE supplier performs a commercially useful function in the supply process. A DBE supplier (regular dealer) is a certified firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the Contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a supplier (regular dealer) the firm must engage in, as its principal business and in its own name, the purchase and sale of the products in question. A supplier in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or suppliers within the meaning of this section. C. The Contractor may count toward its contract goal the following expenditures to UDBE firms that are not manufacturers or suppliers (regular dealers): (1) The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. • (2) The fees charged for delivery of materials and supplies required to a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer of or a supplier of the materials and supplies, provided that the fee is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. (3) The fees or commissions charged for providing any bonds or insurance specifically required for the performance of the Contract, provided that the fee or commission is determined by the Department to be reasonable and not excessive as compared with fees customarily allowed for similar services. To determine the goals achieved under this Contract the participation as described in (d) of this special provision shall be divided by the original prime Contract amount and multiplied by 100 to determine the percentage of performance. The Contractor shall maintain records of payment that show amounts paid to all DBEs. Upon completion of the project, the Contractor shall submit a Form 17 listing all DBEs that participated in this Contract, the subcontract tier number of each, and the dollar amount paid to each. This dollar amount shall include payments made by nonDBE subcontractors to DBE subcontractors. The Contractor shall certify the amount paid, which may be audited by the Department. When there is no participation by DBEs, the Contractor shall submit a Form 17 that indicates no participation and gives reasons why there was no participation. CDOT will not count the participation of a DBE subcontractor toward the prime contractor's UDBE achievements or CDOT's overall DBE goal until the amount being counted toward the goal has been paid to the DBE. (e) Replacement of UDBE Subcontractors used to meet the contract goal Based upon a showing of good cause the Contractor may request that a UDBE named on Form 714 or on a Form 715 be replaced with another UDBE pursuant to the terms and conditions of this special provision. In the event that the Contractor is able to both document the need and to offer a replacement UDBE who can perform the work at a reasonable cost, the CDOT Region Civil Rights Professional will approve the replacement at no additional cost to the Department. Replacements will be allowed only with prior written approval of the Region Civil Rights Professional. February 3, 2011 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS If a replacement is to be requested prior to the time that the named UDBE has begun to effectively prosecute the work under a fully executed subcontract, the Contractor shall furnish to the Region Civil Rights Professional the following: A. Written permission of the named UDBE. Written permission may be waived only if such permission cannot be obtained for reasons beyond the control of the Contractor. B. A full written disclosure of the circumstances making it impossible for the Contractor to comply with the condition of award. C. Documentation of the Contractor's assistance to the UDBE named on Form 714 or on Form 715. D. Copies of any pertinent correspondence and documented verbal communications between the Contractor and the named UDBE. E. Documentation of the Good Faith Efforts in finding a'replacement UDBE subcontractor and the results of the efforts. It is within the control of the Contractor to locate, prior to award, DBEs that offer reasonable prices and that could reasonably be expected to perform the work. For this reason, increased cost shall not, by itself, be considered sufficient reason for not providing an in -kind replacement. 2. In the event a UDBE subcontractor begins to prosecute the work and is unable to satisfactorily complete performance of the work, the Contractor shall furnish to the Region Civil Rights Professional the following: A. Documentation that the subject UDBE subcontractor did not perform in a satisfactory manner. B. Documentation of the Contractor's assistance to the UDBE subcontractor prior to finding the UDBE subcontractor in default. C. A copy of the certified letter finding the UDBE to be in default or a letter from the UDBE stating that it cannot complete the work and it is turning the work back to the Contractor. D. Copy of the contract between the Contractor and the UDBE subcontractor, plus any modifications thereto. E. Documentation of the Good Faith Efforts in finding a replacement UDBE subcontractor and the results of the efforts. In the event the Contractor is able to locate a replacement UDBE who can perform work at a reasonable cost to the Contractor, and also demonstrates to the satisfaction of the Department that prior to bid it had reason to believe that the named UDBE firm was responsible and not expected to default, the Department may modify or renegotiate the Contract to compensate the Contractor for any reasonable extra costs, because of a higher price in the proposal of the replacement UDBE subcontractor than that of the original UDBE subcontractor who failed to perform. ' Provided, however, that the Department will not be obligated to participate in any increased cost to the Contractor if the UDBE that fails to perform has a recent history of performance failure or default that was either known, or should have been known, to the Contractor prior to award. 3. If the Contractor is unable to locate a UDBE replacement that is both interested in and capable of performing the work at a reasonable cost, the Department may waive the requirement that the work be performed by a UDBE and the Contractor shall provide for the satisfactory completion of the work at no additional cost to the Department. DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS (f) Sanctions. February 3, 2011 It is the obligation of the Contractor to provide DBE firms with equal opportunity to participate in the performance of the work. It is the responsibility of DBE firms to perform their work in a responsible manner fully consistent with the intent of the DBE program, and in substantial compliance with the terms and conditions of these DBE definitions and requirements. DBE firms which fail to perform a commercially useful function as described in subsection (d) of these DBE definitions and requirements or operate in a manner which is not consistent with the intent of the DBE program may be subject to revocation of certification. A finding by the Department that the Contractor has failed to comply with the terms and conditions of these DBE definitions and requirements shall constitute sufficient grounds for default and termination of the Contract in accordance with subsection 108.09 of the specifications. Attachments: Form 714 Form 715 Form 718 0 0 P • 0 9 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM 714 Page 1 February 3, 2011 Dated at Lc�nCp this V1.4"L- day of, 2013. Company: ?-a Y By: Titlesy`� r 0 - _ , C a sk AQ.rk State of l AOCII A t1 County of LcL , , 4-c Printed:SSe..t,'i1`LY. AO- `JP-woa Ae- being duly'sworn deposes and says that he isy';to- -Qce_-S%Aet\k of Zcy[.'.,rl-j c�c (Name) (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this V;& day of 2013 Notary -Public My commission expires: l a. -1 ci - % G 0 (Seal) KRISTINA MARIE'DEMOTT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124081286 MY COMMISSION EXPIRES DECEMBER 19, 2016 February 3, 2011 10 DISADVANTAGED BUSINESS ENTERPRISE • DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM 714 Page 2 • 0 • i 0 11 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM 715 Page 1 February 3, 2011 February 3, 2011 12 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM 715 Page 2 • 0 40 13 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM NO. 718 Page 1 February 3, 2011 February 3, 2011 14 DISADVANTAGED BUSINESS ENTERPRISE DEFINITIONS AND REQUIREMENTS THIS PAGE RESERVED FOR FORM NO. 718 Page 2 0 is 0 0 0 U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GFNFRA]. DECISION Ni JMBER COI30016. 17. 18.19. 20. 21. 22. 23 and 24 HIGHWAY CONSTRUCTION Nos. C0130016, 17, 18, 19, 26, 21, 22, 23 and 24 dated nuary 04, 2013 supersedes Decision Nos. C0100016,17, 18, 19, , 21, 22, 23 and 24 dated September 30, 2011. Modifications ID MOD Number Date Paee Number(s) 1 0v26/13 1 & 14 1 [Decision hen work within a project is located in two or more counties and e minimum wages and fringe benefits are different for one or more b classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. CO130016 applies to the following counties: Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, and Park counties. General Decision No. COI30016 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod ELECTRICIAN (Traffic Signalization Only): 1000 Clear Creek 26.42 4.75%+ 8.68 POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1001 Smaller than Watson 2500 and similar 24.27 8.62 1002 Watson 2500 similar or larger 24.57 8.62 Crane (50 tons and under) 1003 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 24.42 8.62 Crane (51 - 90 tons) 1004 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 24.57 8.62 Crane (91 - 140 tons) 1005 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 24.72 8.62 1006 Scraper 1007 Single bowl under 40 cubic yards 24.42 8.62 1008 40 cubic yards and over 24.57 8.62 -2- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. COI 30016 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER: Excludes Form Work 1009 Adams 16.61 3.88 1010 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 19.27 5.08 Form Work Only 1011 Adams 16.78 3.57 1012 Broomfield, Clear Creek, Elbert, Gilpin 19.11 5.46 1013 Jefferson 16.88 3.81 1014 Park 17.28 5.38 CEMENT MASON/CONCRETE FINISHER: 1015 Adams 16.05 3.00 1016 Arapahoe 18.70 3.85 1017 Broomfield, Clear Creek, Elbert, Gilpin 18.37 3.00 1018 Jefferson 18.02 3.42 1019 Park 17.09 2.85 ELECTRICIAN: Excludes Traffic Signal Installation 1020 Adams 31.00 14.01 1021 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 35.13 6.83 Traffic Signalization Electrician 1022 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 27.25 7.10 1023 Jefferson 26.78 5.44 Traffic Signalization Groundsman 1024 Adams 13.96 2.80 1025 Arapahoe, Broomfield, Elbert, Gilpin, Park 15.24 3.81 1026 Clear Creek 15.70 2.14 1027 Jefferson 15.19 4.72 E is s 0 0 -3- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod 1028 FENCE ERECTOR 13.02 3.20 1029 FORM WORKER -Arapahoe 15.30 3.90 GUARDRAIL INSTALLER: 1030 Adams 12.89 3.45 103 ] Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 12.89 3.20 HIGHWAY/PARKING LOT STRIPING: Painter 1032 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 12.62 3.21 1033 Jefferson 14.21 3.21 IRONWORKER: Reinforcing 1034 Adams 22.14 0.77 1035 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson 16.69 5.45 1036 Park 19.98 2.89 1037 Structural 18.22 6.01 LABORER: Asphalt Raker 1038 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson 16.29 4.25 1039 Park 17.41 1.86 1040 Asphalt Shoveler 21.21 4.25 1041 Asphalt Spreader 18.58 4.65 Common or General 1042 Adams 16.29 4.25 '043 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 16.67 4.27 1044 Jefferson 16.51 4.27 1045 Park 15.64 2.46 -4- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. COI30016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod Concrete Saw (Hand Held) 1046 Adams 16.29 5.20 1047 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 16.29 6.14 Landscape and Irrigation 1048 Adams, Arapahoe, Broomfield, Elbert, Gilpin, Jefferson, Park 12.26 3.16 1049 Clear Creek 14.98 3.16 Mason Tender - Cement/Concrete 1050 Adams 17.71 2.83 1051 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 16.96 4.04 1052 Jefferson 16.29 4.25 1053 Park 15.08 3.10 1054 Pipelayer 13.55 2.41 Traffic Control (Flagger) 1055 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin 9.55 3.05 1056 Jefferson 9.73 3.05 1057 Park 9.42 3.21 Traffic Control (Sets Up/Moves Barrels, Cones, Install Signs, Arrow Boards and Place Stationary Flags) 1058 Adams, Arapahoe, Broomfield, Elbert, Gilpin, Jefferson 12.43 3.22 1059 Clear Creek 13.14 3.20 1060 Park . 12.76 3.20 1061 PAINTER (Spray Only) 16.99 2.87 0 O 0 0 0 -5- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR: Asphalt Laydown 1062 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson 22.67 8.75 1063 Park 22.67 8.72 1064 Asphalt Paver 24.97 6.13 Asphalt Roller 1065 Adams 24.20 7.70 1066 Arapahoe 22.68 8.72 1067 Broomfield, Clear Creek, Elbert, Gilpin 23.41 7.67 1068 Jefferson 22.84 7.69 1069 Park 22.84 8.72 Asphalt Spreader 1070 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 22.67 8.67 1071 Jefferson 23.34 8.06 1072 Back hoe/Trackhoe 1073 Adams 20.31 4.24 1074 Arapahoe 24.59 6.24 1075 Broomfield, Clear Creek, Elbert, Gilpin 22.19 6.48 1076 Jefferson 21.99 5.60 1077 Park 20.81 6.58 AL '%-VZAK ARTHUR'S DITCH • Owner: City of Fort Collins • Engineer: Kyle Lambecht • Location: Fort Collins, CO • Awarded: October, 2013 • Scheduled Completion Date: May 1, 2014 • Contract Amount: $924,949.05 Scope of work: Remove and replace box culvert, water line replacement, concrete flatwork, concrete paving_, storm sewer, asphalt paving, excavation, earthwork, and dewatering US 36 EMERGENCY REPAIR • Owner: Colorado Department of Transportation • Engineer: Bill Aldorfer • Location: Lyons, CO • Awarded: October, 2013 • Scheduled Completion Date: November 22, 2013 • Contract Amount: $618,769.00 Scope of work: Install rip rap, asphalt paving, concrete flatwork, excavation and earthwork HIGHLAND DITCH. EMERGENCY REPAIR • Owner: Highland Ditch Company • Engineer: Tara Schutter • Location: Ute Highway, Longmont, CO • Awarded: September, 2013 • Scheduled Completion Date: Jan 2014 • Contract Amount: $550,000.00 Scope of work: Remove and replace ditch diversion head gate, excavation, dewate.ring, and structural concrete. • 0 -6- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. COI 30016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't): Bobcat/Skid Loader 1078 Adams, Broomfield, Clear Creek, Elbert, Gilpin 15.37 4.28 1079 Arapahoe 18.23 4.28 1080 Jefferson 16.85 4.28 1081 Park 22.46 0.00 1082 Boom 22.67 8.72 Broom/Sweeper 1083 Adams, Broomfield, Clear Creek, Elbert, Gilpin, Park 22.70 8.07 1084 Arapahoe 22.67 8.73 1085 Jefferson 22.18 8.36 Bulldozer 1086 Adams 25.20 6.72 1087 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 26.90 5.59 1088 Concrete Pump 21.60 5.21 Crane 1089 Adams, Park 22.82 8.72 1090 Jefferson 23.55 6.68 Drill 1091 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 20.48 4.71 1092 Jefferson 20.65 5.74 1093 Forklift 15.91 4.68 0 0 0 • -7- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER COI 30016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. COI 30016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't): Grader/Blade 1094 Adams 23.94 8.23 1095 Arapahoe 22.67 8.72 1096 Broomfield, Clear Creek, Elbert, Gilpin, Park 23.90 7.93 1097 Jefferson 23.28 7.73 1098 Guardrail/Post Driver 16.07 4.41 Loader (Front End) 1099 Adams 23.09 8.72 1100 Arapahoe 26.80 4.84 1101 Broomfield, Clear Creek, Elbert, Gilpin 23.20 8.33 1102 Jefferson 23.06 7.76 1103 Park 22.67 8.72 Mechanic 1104 Adams 22.82 8.72 1105 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 24.04 7.35 1106 Jefferson 23.56 8.72 Oiler 1107 Adams, Jefferson 21.97 8.72 1108 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 23.73 8.41 Roller/Compactor (Dirt and Grade Compaction) 1109 Adams 16.70 3.30 1110 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson 20.30 5.51 llll Park 16.52 3.13 1112 Rotomill 16.22 4.41 -8- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. COI 30016 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't): Screed 1113 Adams 27.89 3.50 1114 Arapahoe 22.67 8.72 1115 Broomfield, Clear Creek, Elbert, Gilpin 24.67 6.02 1116 Jefferson 22.64 8.43 1117 Park 20.36 3.04 1118 Tractor 13.13 2.95 TRUCK DRIVER: Distributor 1119 Adams 15.80 5.27 1120 Arapahoe 19.62 5.27 1812 Broomfield, Clear Creek, Elbert, Gilpin, Park 18.19 5.27 1121 Jefferson 19.46 6.04 Dump Truck 1122 Adams 16.68 5.27 1123 Arapahoe 18.94 5.27 1 124 Broomfield, Clear Creek, Elbert, Gilpin 16A7 5.27 1125 Jefferson 16.97 4.78 1126 Park 15.40 3.21 Lowboy Truck 1127 Adams, Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 17.25 5.27 1128 Jefferson 19.80 6.42 1129 Mechanic 26.48 3.50 Multi -Purpose Speciality and Hoisting Truck 1130 Adams, Broomfield, Clear Creek, Elbert, Gilpin, Park 17.49 3.17 1131 Arapahoe 15.79 2.48 1132 Jefferson 15.13 3.89 0 1] • • -9- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO 10016 The wage and fringe benefits listed below do not reflect collectivel bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER (con't.): Semiffrailer Truck (Includes Pickup and Pilot Car) 1133 Adams, Broomfield, Clear Creek, Elbert, Gilpin, Jefferson, Park 18.39 4.13 1134 Arapahoe 16.00 2.60 Single Axle (Includes Pickup and Pilot Car) 1 135 Adams, Jefferson 13.93 3.68 1136 Arapahoe 15.10 3.77 1137 Broomfield, Clear Creek, Elbert, Gilpin, Park 14.74 3.68 1138 Truck Mounted Attenuator 12.43 3.22 Water Truck 1139 Adams 17.50 5.19 1140 Arapahoe, Broomfield, Clear Creek, Elbert, Gilpin, Park 19.36 4.07 1141 Jefferson 17.57 5.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION NO. C0130016 10- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION Decision Nos. C0130016, 17, 18, 19, 20, 21, 22, 23 and 24 dated January 04, 20L3 supersedes Decision Nos. CO100016, 17, 18, 19, 20, 21, 22, 23 and 24 dated September 30, 2011. Modifications ID MOD Number Date Pate Number(s) 1 07/26/13 1 & 14 1 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. COI 30017 applies to the following counties: Boulder county. General Decision No. C0130017 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1142 Smaller than Watson 2500 and similar 24.27 8.62 1 143 Watson 2500 similar or larger 24.57 8.62 Crane 1144 50 tons and under 24.42 8.62 1145 51 - 90 tons 24.57 8.62 1146 91 - 140 tons 24.72 8.62 Scraper 1147 Single bowl under 40 cubic yards 24.42 8.62 1 148 40 cubic yards and over 24.57 8.62 CARPENTER: 1 149 Excludes Form Work 16.61 3.88 1150 Form Work Only 17.06 3.90 1151 CEMENT MASON/CONCRETE FINISHER 17.39 3.00 1152 ELECTRICIAN 33.39 7.64 1153 FENCE ERECTOR 15.96 3.46 1,154 GUARDRAIL INSTALLER 16.21 3.63 1155 HIGHWAY/PARKING LOT STRIPING: 1156 Painter 12.62 3.21 O E -11- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130017 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod IRONWORKER: 1157 Reinforcing (Excludes Guardrail Installation) 16.69 5.45 1158 Structural (Excludes Guardrail Installation) 18.22 6.01 LABORER: 1159 Asphalt Raker 16.29 4.25 1160 Asphalt Shoveler 21.21 4.25 1161 Asphalt Spreader 18.58 4.65 1162 Common or General 16.29 4.25 1163 Concrete Saw (Hand Held) 16.29 6.14 1164 Landscape and Irrigation 12.26 3.16 1 165 Mason Tender - Cement/Concrete 16.29 4.25 1166 Pipelayer 16.74 1.89 1167 Traffic Control(Flagger) 9.55 3.05 1168 Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 12.43 3.22 1169 PAINTER (Spray Only) 16.99 2.87 POWER EQUIPMENT OPERATOR: 1170 Asphalt Laydown 22.67 8.25 1171 Asphalt Paver 24.19 6.58 1172 Asphalt Roller 23.01 9.22 1173 Asphalt Spreader 22.67 8.72 1174 Backhoe/Trackhoe 21.70 5.51 1175 Bobcat/Skid Loader 15.37 4.28 1176 Boom 22.67 8.72 1177 Broom/Sweeper 22.83 8.72 1178 Bulldozer 26.90 5.59 1179 Drill 21.42 2.88 is -12- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER COI 30016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. COI 30017 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): 1180 Forklift 15.91 4.27 ]181 Grader/Blade 22.67 8.72 1182 Guardrail/Post Driver 16.54 4.10 1183 Loader (Front End) 22.67 8.72 1184 Mechanic 22.97 8.72 1185 Oiler 22.77 9.22 1186 Roller/Compactor (Dirt and Grade Compaction) 22.32 8.72 1187 Rotomill 16.22 4.41 1188 Screed 22.67 8.72 1189 Tractor 13.13 2.95 TRAFFIC SIGNALIZATION: 1190 Groundsman 18.52 3.59 TRUCK DRIVER: 1191 Distributor 21.69 5.27 1192 Dump Truck 16.41 5.27 1193 Lowboy Truck 17.25 5.27 1194 Multi -Purpose Specialty & Hoisting Truck 16.41 4.97 1195 Pickup and Pilot Car 13.93 3.68 1196 Semi/Trailer Truck 18.39 4.13 1197 Truck Mounted Attenuator 12.43 3.22 1198 Water Truck 20.64 5.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). E 0 -13- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 • GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION NO. C0130017 • r� U -14- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION Decision Nos. C0130016, 17, 18, 19, 20, 21, 22, 23 and 24 dated January 04, 2013 supersedes Decision Nos. C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 dated September 30, 2011. Modifications ID MOD Number Date Pate Number(s1 1 07/26/13 1 & 14 1 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. C0130018 applies to the following counties: El Paso, Pueblo, and Teller counties. General Decision No. CO130018 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod ELECTRICIAN: 1199 El Paso, Teller 29.55 14.48 1 1200 Pueblo 27.00 11.91 POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1201 Smaller than Watson 2500 and similar 24.27 8.62 1202 Watson 2500 similar or larger 24.57 8.62 Crane 1203 50 tons and under 24.42 8.62 1204 51 - 90 tons 24.57 8.62 1205 91 - 140 tons 24.72 8.62 General Decision No. CO130018 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER: 1206 Excludes Form Work 24.15 6.25 Form Work Only 1207 El Paso, Teller 19.06 5.84 1208 Pueblo 19.00 5.88 CEMENT MASON/CONCRETE FINISHER: 1209 El Paso, Teller 17.36 3.00 1210 Pueblo 17.74 3.00 1211 FENCE ERECTOR 13.02 3.20 1212 GUARDRAIL INSTALLER 12.89 3.20 O O 0 1] 0 -15- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0130018 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod HIGHWAY/PARKING LOT STRIPING: 1213 Painter 12.62 3.21 IRONWORKER: Reinforcing (Excludes Guardrail Installation) 1214 El Paso, Teller 20.49 1.65 1215 Pueblo 16.69 5.45 1216 Structural (Excludes Guardrail Installation) 18.22 6.01 LABORER: 1217 Asphalt Raker 17.54 3.16 1218 Asphalt Shoveler 21.21 4.25 1219 Asphalt Spreader 18.58 4.65 Common or General 1220 El Paso 17.05 3.69 1221 Pueblo 16.29 4.25 1222 Teller 16.88 3.61 1223 Concrete Saw (Hand Held) 16.29 6.14 1224 Landscape and Irrigation 12.26 3.16 1225 Mason Tender - Cement/Concrete 16.29 4.25 1226 Pipelayer 18.72 3.24 1227 Traffic Control (Flagger) 9.55 3.05 1228 Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 12.43 3.22 Ll29 PAINTER (Spray Only) 16.99 2.87 PROSPECT DAM REHABILITATION REPAIR DAM/TOE DRAIN • Owner: Henrylyn Irrigation District • Engineer: Smith Geotechnical • Location: County Road 59, Keenesburg, CO • Awarded: September 26, 2013 • Scheduled Completion Date: • Contract Amount $1,768,560.00 • Scope of work: Install outlet pipe and structures, toe drain, remove pump house, install gate, install riprap, grade road SH 95 (SHERIDAN) OVER UPRR REMOVE & REPLACE SHERIDAN BLVD OVER RR • Owner: Colorado Department of Transportation • Engineer: Bill McDonnell - 303-757-9914 • Location: Sheridan Blvd between 60th Avenue '& 72"d, Adams & Jefferson Counties • Awarded: April, 2012 • Scheduled Completion. Date:. September, 2013 • Contract Amount $6,919,174:00 • Scope of Work: Excavation, remove/replace bridge, asphalt pavement, concrete paving, storm sewer, MSE wall, electrical, intersection signalization, • street lighting, curb and gutter, sidewalk MOVE & REPLACE BRIDGE ST. VRAIN CREEK • Owner: Colorado Department of Transportation • Engineer: Ryan Idler - 970-302-2591 • Location: State Highway 66 between Mead & Platteville • Awarded November, 2012 • Estimated Completion Date: February, 2014 • Contract Amount $6,168,265.30 • Scope of Work:. Bridge replacement, intersection improvements, and addition of shouldering, bridge rail, revegetation, traffic control 1-76 SLAB REPLACEMENT REMOVE & REPLACE CONCRETE SLABS ON I-76 • Owner: Colorado Department of Transportation • Engineer: Jim Bledsoe - 970-381-7997 • Location; Interstate 76, Wiggins to Fort. Morgan • Awarded: June, 2013 • Estimated Completion Date: December, 2013 • Contract Amount $1,586,011.72 • Scope of Work: Remove concrete pavement, grind & texture concrete • pavement, revegetation, erosion control traffic control -16- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130018 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR: 1230 Asphalt Laydown 22.67 8.72 1231 Asphalt Paver 21.50 3.50 Asphalt Roller 1232 El Paso 24.42 6.96 1233 Pueblo 23.67 9.22 1813 Teller 24.42 696 1234 Asphalt Spreader 22.67 8.72 Backhoe/Trackhoe 1235 El Paso 23.31 5.61 1236 Pueblo 21.82 8.22 1237 Teller 23.32 5.50 1238 Bobcat/Skid Loader 15.37 4.28 1239 Boom 22.67 8.72 Broom/Sweeper 1240 El Paso, Teller 23.43 8.04 1241 Pueblo 23.47 9.22 FBulldozer EI Paso 26.56 7.40 Pueblo, Teller 26.11 6.92 Drill 17.59 3.45 1245 Forklift 15.91 4.68 GraderBlade 1246 El Paso 22.83 8.72 1247 Pueblo 23.25 6.98 1248 Teller 23.22 8.72 1249 Guardrail/Post Driver 16.07 4.41 is 0 0 J -17- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130018 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Loader (Front End) 1250 El Paso 23.61 7.79 1251 Pueblo 21.67 8.22 1252 Teller 23.50 7.64 Mechanic 1253 El Paso 22.35 6.36 1254 Pueblo 24.02 8.43 1255 Teller 22.16 6.17 Oiler 1256 El Paso 23.29 7.48 1257 Pueblo 23.13 7.01 1258 Teller 22.68 7.11 Roller/Compactor (Dirt and Grade Compaction) 1259 El Paso 16.70 3.30 1260 Pueblo, Teller 18.43 4.62 1261 Rotomill 16.22 4.41 1262 Scraper 24.28 4.83 Screed 1263 El Paso, Teller 25.22 5.74 1264 Pueblo 23.67 9.22 1265 Tractor 13.13 2.95 _18_ U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0130018 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER: Distributor 1266 El Paso, Teller 17.98 3.97 1267 Pueblo 18.35 3.85 Dump Truck 1268 El Paso, Teller 16.85 4.83 1269 Pueblo 16.87 4.79 1270 Lowboy Truck 17.25 5.27 1271 Mechanic 26.69 3.50 1272 Multi -Purpose Specialty & Hoisting Truck 17.27 3.71 1273 Pickup and Pilot Car 13.93 3.68 1274 Semi/Trailer Truck 16.00 2.60 1275 Truck Mounted Attenuator 12.43 3.22 Water Truck 1276 El Paso 17.24 4.15 1277 Pueblo 20.93 4.98 1278 Teller 17.31 4.07 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION NO. C0130018 is E FJ • • -19- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION Decision Nos. C0130016, 17, 18, 19, 20, 21, 22, 23 and 24 dated January 04, 2013 supersedes Decision Nos. C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 dated September 30, 2011. Modifications ID MOD Number Date Pave Numberrs) 1 07/26/13 1 & 14 1 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. COI0019 applies to the following counties: Denver and Douglas counties. General Decision No. CO130019 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod 1279 CARPENTER (Form Work Only) 24.00 11.28 TRAFFIC SIGNALIZATION: Traffic Signal Installation 1280 Zone 1 26.42 4.75%+8.68 1281 Zone 29.42 4.75%+8.68 Traffic Installer Zone Definitions Zone I — Within a 35 mile radius measured from the addresses of the following cities: Colorado Springs - Nevada & Bijou Denver- Ellsworth Avenue & Broadway Ft. Collins - Prospect & College Grand Junction - 12th & North Avenue Pueblo - 1-25 & Highway 50 Zone 2 - All work outside these areas. POWER EQUIPMENT OPERATOR: Hydraulic Backhoe 1282 Wheel Mounted, under/4 yds. 24.27 8.62 1283 Backhoe/Loader combination 24.27 8.62 Drill Rig Caisson 1284 Smaller than Watson 2500 and similar 24.27 8.62 1285 Watson 2500 similar or larger 24.57 8.62 Loader 1286 Up to and including 6 cubic yards 24.27 8.62 1287 Denver County - Under 6 cubic yards 24.27 8.62 1288 Denver County - Over 6 cubic yards 24.42 8.62 General Decision No. COI30019 The wage and fringe benefits listed below reflect collectively bargained rates. -20- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER COI 30016. 17. 18. 19. 20.21. 22.23 and 24 HIGHWAY CONSTRUCTION Code Classification Basic Hourly Rate' Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Motor Grader 1289 Douglas county - Blade Rough 24.27 8.62 4 1290 Douglas county - Blade Finish 24.57 8.62 4 Crane 1291 50 tons and under 24.42 8.62 4 1292 51 to 90 tons 24.57 8.62 4 1293 91 to 140 tons 24.72 8.62 4 Scraper 1294 Single bowl under 40 cubic yards 24.42 8.62 4 1295 40 cubic yards and over 24.57 8.62 4 General Decision No. C0130019 The wage and fringe benefits listed below do not reflect collectively bargained rates. 1296 CARPENTER (Excludes Form Work) 19.27 5.08 CEMENT MASON/CONCRETE FINISHER: 1297 Denver 20.18 5.75 1298 Douglas 18.75 3.00 1299 ELECTRICIAN (Excludes Traffic Signal Installation) 35.13 6.83 1300 FENCE ERECTOR (Excludes Link/Cyclone Fence Erection) 13.02 3.20 1301 GUARDRAIL INSTALLER 12.89 3.20 HIGHWAY/PARKING LOT STRIPING: Painter 1302 Denver 12.62 3.21 1303 Douglas 13.89 3.21 IRONWORKERS: 1304 Reinforcing (Excludes Guardrail Installation) 16.69 5.45 1305 Structural (Includes Link/Cyclone Fence Erection), (Excludes Guardrail Installation) 18.22 6.01 0 0 • 9 -21- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130019 The wage and fringe benefits listed below do not reflect collectivel bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod LABORERS: 1306 Asphalt Raker 16.29 4.25 1307 Asphalt Shoveler 21.21 4.25 1308 Asphalt Spreader 18.58 4.65 Common or General 1309 Denver 16.76 6.77 1310 Douglas 16.29 4.25 1311 Concrete Saw (Hand Held) 16.29 6.14 1312 Landscape and Irrigation 12.26 3.16 Mason Tender - Cement/Concrete 1313 Denver 16.96 4.04 1314 Douglas 16.29 4.25 Pipelayer 1315 Denver 13.55 2.41 1316 Douglas 16.30 2.18 Traffic Control 1317 Flagger 9.55 3.05 1318 Sets Up/Moves Barrels, Cones, Install Signs, Arrow Boards and Place Stations Flags, (Excludes Fla ers) 12.43 3.22 PAINTER: 1319 Spray Only 16.99 2.87 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1320 Denver 22.67 8.72 1321 Douglas 23.67 8.47 Asphalt Paver 1322 Denver 24.97 6.13 1323 Douglas 25.44 3.50 -22- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. COI 30019 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Asphalt Roller 1324 Denver 23.13 7.55 1325 Douglas 23.63 6.43 1326 Asphalt Spreader 22.67 8.72 Backhoe/Trackhoe 1327 Douglas 23.82 6.00 1328 Bobcat/Skid Loader 15.37 4.28 1329 Boom 22.67 8.72 Broom/Sweeper 1330 Denver 22.47 8.72 1331 Douglas 22.96 8.22 1332 Bulldozer 26.90 5.59 1333 Concrete Pump 21.60 5.21 Drill 1334 Denver 20.48 4.71 1335 Douglas 20.71 2.66 1336 Forklift 15.91 4.68 Grader/Blade 1337 Denver 22.67 8.72 1338 Guardrail/Post Driver 16.07 4.41 Loader (Front End) 1339 Douglas 21.67 8.22 Mechanic 1340 Denver 22.89 8.72 1341 Douglas 23.88 8.22 O 0 i 0 -23- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER COI 30016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130019 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Oiler 1342 Denver 23.73 8.41 1343 Douglas 24.90 7.67 Roller/Compactor (Dirt and Grade Compaction) 1344 Denver 20.30 5.51 1345 Douglas 22.78 4.86 1346 Rotomill 16.22 4.41 Screed 1347 Denver 22.67 8.38 1348 Douglas 29.99 1.40 1349 Tractor 13.13 2.95 TRAFFIC SIGNALIZATION: Groundsman 1350 Denver 17.90 3.41 1351 Douglas 18.67 7.17 TRUCK DRIVER: Distributor 1352 Denver 17.81 5.82 1353 Douglas 16.98 5.27 Dump Truck 1354 Denver 15.27 5.27 1355 Douglas 16.39 5.27 1356 Lowboy Truck 17.25 5.27 1357 Mechanic 26.48 3.50 Multi -Purpose Specialty & Hoisting Truck 1358 Denver 17.49 3.17 1359 F Douglas 20.05 2.88 -24- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER COI 30016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. COI30019 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER (con't.): Pickup and Pilot Car 1360 Denver County 14.24 3.77 1361 Douglas County 16.43 3.68 1362 Semi/Trailer Truck 18.39 4.13 1363 Truck Mounted Attenuator 12.43 3.22 Water Truck 1364 Denver County 26.27 5.27 1365 Douglas County 19.46 2.58 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION NO. C0130019 0 0 • • • -25- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION Decision Nos. C0130016, 17, 18, 19, 20, 21, 22, 23 and 24 dated January 04, 2013 supersedes Decision Nos. C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 dated September 30, 2011. Modifications ID MOD Number Date Paee Number(s) 1 07/26/13 1 & 14 1 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. C0130020 applies to the following counties: Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Las Animas, Otero, and Prowers counties. General Decision No. CO130020 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod 1366 CARPENTER (Form Work Only) 24.00 11.28 1814 ELECTRICIAN (Boom Truck Operator) 20.91 3%+ 6.10 POWER EQUIPMENT OPERATOR: Power Broom/Sweeper 1367 Under 70 hp 23.57 8.62 1368 70 hp and over 24.27 8.62 Drill Rig Caisson 1369 Smaller than Watson 2500 and similar 24.27 8.62 1370 Watson 2500 similar or larger 24.57 8.62 Crane 1371 50 tons and under 24.42 8.62 1372 51 - 90 tons 24.57 8.62 1373 91 - 140 tons 24.72 8.62 General Decision No. CO130020 The wage and fringe benefits listed below do not reflect collectively bargained rates. 1374 CARPENTER (Excludes Form Work) 18.96 3.18 CEMENT MASON/CONCRETE FINISHER: 1375 Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Otero, Prowers 17.70 2.53 1376 Las Animas 17.24 2.85 1377 ELECTRICIAN 28.06 8.76 HIGHWAY/PARKING LOT STRIPING: 1378 Truck Driver (Line Striping Truck) 14.60 3.49 PEORIA ST OVER 1-76 REMOVE & REPLACE BRIDGE • Owner: Colorado Department of Transportation . • Engineer: Jason Lucerna - 303-941-3515 • Location: Interstate 76 & Peoria, Commerce City, CO • .Awarded: June, 2013 • Estimated Completion Date: January, 2014 • Contract Amount $3,251,997.20 • Scope of Work: Remove'& replace bridge, storm drain inlets, remove/replace guardrail, signing, striping, traffic control, seeding, SMA embankment , fj 0 -26- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GFT%FRAL DECISION NUMBER COI30016. IT 18. 19.20. 21. 22.23 and 24 HIGHWAY CONSTRUCTION General Decision No. COI30020 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod HIGHWAY/PARKING LOT STRIPING (con't.): 1379 Painter 13.92 3.07 IRONWORKER: 1380 Reinforcing 16.94 6.77 1381 Structural 16.76 6.01 LABORER: Common or General 1382 Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Otero, Prowers 14.48 3.53 1383 Las Animas 14.52 3.53 1384 Concrete Saw (Hand Held) 16.00 6.14 1385 Landscape and Irrigation 15.37 3.16 1386 Mason Tender - Cement/Concrete 12.44 3.10 1387 Traffic Control(Flagger) 9.42 3.21 1388 Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 12.39 3.20 1389 PAINTER (Spray Only) 17.54 3.52 POWER EQUIPMENT OPERATOR: 1390 Asphalt Laydown 24.17 6.73 1391 Asphalt Paver 22.67 8.72 1392 Asphalt Plant 21.13 2.16 1393 Asphalt Roller 23.14 7.51 1394 Asphalt Spreader 23.19 7.66 Backhoe/Trackhoe 1395 Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Otero, Prowers 23.19 4.18 1396 Las Animas 24.70 3.40 1] O l J 0 • 9 -27- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO . DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130020 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't): 1397 Bobcat/Skid Loader 18.43 3.12 1398 Bulldozer 26.65 4.46 1399 Chipper 22.04 8.26 1400 Drill 20.49 2.66 1401 Forklift 1830 5.01 Grader/Blade r1402 Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Otero, Prowers 18.40 4.20, 1403 Las Animas 18.88 3.14 1404 Guardrail/Post Driver 16.07 4.41 Loader (Front End) 1405, Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Otero, Prowers 23.58 6.66 1406 Las Animas 23.56 5.93 1407 Mechanic 18.91 4.20 1408 Oiler 22.54 9.22 1409 Roller/Compactor (Dirt and Grade Compaction) 17.78 2.83 1410 Scraper 19.93 5.38 1411 Screed 16.21 3.76 1412 Tractor 16.83 2.95 TRUCK DRIVER: 1413 Distributor 17.98 5.27 1414 Dump Truck 17.61 2.69 Lowboy Truck 1415 Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Otero, Prowers 19.95 3.36 1416 Las Animas 19.77 3.25 -28- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130020 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER, (con't): 1417 Mechanic 17.79 3.51 1418 Multi -Purpose Specialty & Hoisting Truck 18.89 3.49 1419 Pickup and Pilot Car 14.04 3.49 1420 Semi Truck 17.58 4.67 1421 Water Truck 14.88 2.07 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). 0 In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained O wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION NO. C0130020 0 • 0 -29- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION Decision Nos. C0130016, 17, 18, 19, 20, 21, 22, 23 and 24 dated January 04, 2013 supersedes Decision Nos. C0100016, 17, 18, 19, 20, 21, 22, 23 and 24 dated September 30, 2011. Modifications ID MOD Number Date Page Number(s) 1 07/26/13 1 & 14 1 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. C0130021 applies to the following counties: Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, and Yuma counties. General Decision No. C0130021 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod 1815 ELECTRICIAN (Boom Truck Operator) 20.91 3% + 6.10 POWER EQUIPMENT OPERATOR: Power Broom/Sweeper 1422 Under 70 hp 23.57 8.62 1423 70 hp and over 24.27 8.62 1424 Boom - - Drill Rig Caisson 1425 Smaller than Watson 2500 and similar 24.27 8.62 1426 Watson 2500 similar or larger 24.57 8.62 Asphalt Screed 1427 Kit Carson 24.27 8.62 Crane 1428 50 tons and under 24.42 8.62 1429 51 - 90 tons 24.57 8.62 1430 91 - 140 tons 24.72 8.62 LABORER: Common or General 1431 Kit Carson 16.05 6.89 TRUCK DRIVER: Dump Truck 1432 Kit Carson -30- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130021 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod CARPENTER: 1433 Excludes Form Work 18.96 3.18 Form Work Only 1434 Cheyenne, Kit Carson, Logan, Morgan, Phillips, Sedgwick, Washington, Yuma 20.28 4.50 1435 Lincoln 20.98 3.89 CEMENT MASON/CONCRETE FINISHER: 1436 Cheyenne, Logan, Morgan, Phillips, Sedgwick, Washington, Yuma 19.22 2.74 1437 Kit Carson 17.98 2.53 1438 Lincoln 21.00 1.40 1439 ELECTRICIAN 28.06 8.76 HIGHWAYMARKING LOT STRIPING: 1440 Truck Driver (Line Striping Truck) 14.60 3.49 1441 Painter 12.90 3.07 1442 IRONWORKER: 1443 Reinforcing 21.12 3.89 1444 Structural 16.76 6.01 LABORER: Asphalt Raker 1445 Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Washington, Yuma 17.02 5.79 1446 Sedgwick 15.79 4.87 1447 Asphalt Spreader 22.67 8.72 Common or General 1448 Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, Yuma 12.44 3.53 1449 Concrete Saw (Hand Held) 16.00 6.14 1450 Landscape and Irrigation 12.81 3.16 1451 Mason Tender - Cement/Concrete 14.71 3.29 O 49 9 • 0 -31- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. COI 30021 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod LABORER (con't): Traffic Control 1452 Flagger 9.42 3.21 1453 Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags, (Excludes Fla ers) 12.39 3.20 1454 PAINTER (Spray Only) 17.54 3.52 POWER EQUIPMENT OPERATOR: 1455 Asphalt Laydown 24.56 6.68 1456 Asphalt Paver 22.67 8.72 1457 Asphalt Plant 21.13 2.16 Asphalt Roller 1458 Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Washington, Yuma 23.79 7.59 1459 Sedgwick 23.92 9.22 1460 Asphalt Spreader 23.19 7.66 Backhoe/Trackhoe 1461 Cheyenne, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, Yuma 25.88 4.18 1462 Kit Carson 28.64 1.40 1463 Bobcat/Skid Loader 20.79 5.36 1464 Bulldozer 29.99 2.90 1465 Chipper 22.04 8.26 1466 Drill 20.49 2.66 1467 Forklift 18.30 2.01 1468 Grader/Blade 19.02 4.20 1469 Guardrail/Post Driver 16.07 4.41 Loader (Front End) r47 Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Washin ton, Yuma 27 22 5.85 Sedgwick 27.48 4.87 -32- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0130021 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Mechanic 1472 Cheyenne, Lincoln, Logan, Morgan, Phillips, Washington, Yuma 20.52 5.49 1473 Kit Carson 16.74 4.20 1474 Sedgwick 21.09 4.87 1475 Oiler 22.54 9.22 1476 Roller/Compactor (Dirt and Grade Compaction) 16.52 4.87 1477 Scraper 19.93 5.38 Screed 1478 Cheyenne, Kit Carson, Lincoln, Logan, Morgan, Phillips, Sedgwick: Washington, Yuma 21.30 6.40 1479 Tractor 16.83 2.95 TRUCK DRIVER: 1480 Distributor 17.98 5.27 Dump Truck 1481 Cheyenne, Logan, Morgan, Phillips, Washington, Yuma 18.52 5.96 1482 Lincoln 14.15 3.83 1483 Sedgwick 18.92 6.19 Kit Carson 1816 6 cu. yds. and under 18.55 3.87 1817 7 -14 cu. yds. 18.70 3.87 1818 15 - 29 cu. yds. 19.04 3.87 1819 30 - 38 cu. yds. 19.38 3.87 1820 39 - 54 cu. yds. 19.66 3.87 1821 55 - 79 cu. yds. 19.95 3.87 1822 80 - 104 cu. yds. 20.22 3.87 1823 104 cu. yds. and over 20.51 3.87 0 O 9 1J -33- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0130021 The wage and fringe benefits listed below do not reflect collectively bargained rates Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER (con't.): 1484 Lowboy Truck 18.29 4.87 1485 Mechanic 17.79 3.51 1486 Multi -Purpose Specialty & Hoisting Truck 18.79 3.49 1487 Pickup and Pilot Car 14.04 3.49 Semi Truck 1488 Cheyenne, Kit Carson, Lincoln, Morgan 17.58 4.67 1489 Logan, Phillips, Sedgwick, Washington, Yuma 15.80 4.67 1490 Water Truck 14.88 2.07 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. • Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION NO. CO130021 Is -34- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION Decision Nos. CO130016, 17, 18, 19, 20, 21, 22, 23 and 24 dated Modifications ID January 04, 2013 supersedes Decision Nos. CO100016, 17, 18, 19, MOD Number Date Page Number(s) 20, 21, 22, 23 and 24 dated September 30, 2011. 1 07/26/13 1 & 14 1 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. CO130022 applies to the following counties: Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, La Plata, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, and San Miguel counties. General Decision No. COI 30022 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod 1491 CARPENTER (Excludes Form Work) 24.00 11.28 1824 ELECTRICIAN (Boom Truck Operator) 20.91 6.10 + 3% POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1492 Smaller than Watson 2500 and similar 24.27 8.62 1493 Watson 2500 similar or larger 24.57 8.62 Mechanic 1494 La Plata County 24.42 8.62 General Decision No. COI 30022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod CARPENTER: Form Work Only Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, 18.57 5.38 1495 Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 1496 La Plata 18.60 5.38 CEMENT MASON/CONCRETE FINISHER: Alamosa, Archuleta, Conejos, Custer, Delta, 1497 Dolores, Fremont, Gunnison, Hinsdale, Mineral, 17.67 2.85 Montezuma, Ouray, Rio Grande, Saguache, San Juan, San Miguel 1498 Chaffee 15.55 2.85 1499 La Plata 18.99 2.85 11 • 0 -35- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. COI 30022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod CEMENT MASON/CONCRETE FINISHER (con't.): 1500 Montrose 16.95 2.85 1501 ELECTRICIAN 28.06 8.76 1502 GUARDRAIL INSTALLER 12.78 3.31 HIGHWAY/PARKING LOT STRIPING: 1503 Truck Driver (Line Striping Truck) 14.60 3.49 1504 Painter 12.90 3.07 IRONWORKER: 1505 Reinforcing (Excludes Guardrail Installation) 16.94 6.77 1506 Structural (Excludes Guardrail Installation) 16.76 6.01 LABORER: Asphalt Raker 1507 Alamosa 17.53 3.75 1508 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 16.43 3.42 1509 La Plata 15.38 3.12 Common or General 1510 Alamosa, Chaffee, Montezuma, Montrose 12.44 3.53 1511 Archuleta, Conejos, Custer, Delta, Dolores, Gunnison, I-Iinsdale, Oura , Rio Grande, Saguache, San Miguel 13.70 3.53 1512 Fremont 15.19 3.00 1513 La Plata 14.07 3.53 1514 Mineral 14.84 3.53 1515 San Juan 13.73 3.53 1516 Concrete Saw (Hand Held) 16.00 6.14 Landscape and Irrigation 1517 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta Dolores Fremont Gunnison Hinsdale Mineral Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 14.02 3.16 1518 La Plata 13.54 3.16 • � Z ®VAK d i r t COMPLETE® PROJECTS HWY 34 EAST OF GREELY HIGHWAY REPAIR RECONSTRUCT PORTIONS OF HWY 34 DUE TO FLOOD WATER DAMAGE • Owner: Colorado Department of Transportation • Engineer: Michelle Martin • Location: Hwy 34 • Awarded: September 20, 2013 • Completed: October,3, 2013 • Contract Amount: $ 606,037.00 • Scope of Work: Excavation, earthwork, dewatering, concrete paving and striping 1-25 Frontage Road Bridge REMOVE & REPLACE BRIDGE OVER;LITfLE THOMPSON RIVER • Owner: Colorado Department of Transportation • Engineer: Jim Powers - 303-241-1527 • Location: Frontage Road & SH 56 (Mile post 249.9) Awarded: May, 2012 Completed: April, 2013 • Contract Amount $1,445,359.92 • • Scope of Work: Remove bridge, asphalt, riprap, concrete, bridge expansion device, caisson, steel piling, guard rail, bridge rail, fencing, revegetation, traffic control REMOVE & REPLACE SHIELDS St & LAPORTE AVE BRIDGES • Owner: City of Fort Collins Engineer: Jin Wang - 970-221-6605 • Location: Shields St .& Laporte Ave, Fort Collins, Colorado • Awarded: March, 2012 • Completed: May, 2013 • Contract Amount: $2,063,055.00 Scope of Work: Excavation; remove/ replace 2 bridges, asphalt, pavement, concrete box replacement, 30" RCP, 30" DIP, striping, signage, concrete, curb and gutter, sidewalk 84T"AVENUE OVER 1-25 REMOVE & REPLACE 84T" AVENUE OVER.I-25 • Owner: Colorado Department of Transportation • Engineer: Darrell Miller - 303-501-6692 • Location: 84t' Ave. at I-25 Thornton, Colorado • Awarded: January, 2011 • Completion Date: October, 2012 • Contract Amount: $8,925,019.00 • Scope of Work: Excavation, remove bridge, asphalt pavement, ground nailed wall, concrete bridge, 60" RCP, traffic signal, light/lumanaire, patterned concrete, curb and • gutter, sidewalk -36- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER COI 30016. 17. 18. 19. 20. 21. 22.23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod LABORER (con't): Mason Tender - Cement/Concrete 1519 Alamosa, Archuleta, Conejos, Custer, Delta, Dolores, Fremont, Gunnison Hinsdale Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 14.59 3.10 1520 Chaffee 12.44 3.10 1521 La Plata 15.67 3.10 Traffic Control 1522 Flagger 9.42 3.21 1523 Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags, (Excludes Fla ers) 12.39 3.20 1524 PAINTER (Spray Only) 17.54 3.52 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1525 Alamosa, La Plata 22.67 8.72 1526 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 23.13 8.64 1527 Asphalt Paver 22.67 8.72 1528 Asphalt Plant 17.23 4.07 Asphalt Roller 1529 Alamosa 21.67 8.22- 1530 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 22.77 8.36 1531 La Plata 22.68 730 1532 Montezuma 22.67 8.72 1533 Asphalt Spreader 22.67 8.72 O U 0 0 0 -37- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER COI 30016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATOR (con't): Backhoe/Trackhoe 1534 Alamosa 21.03 3.75 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, 1535 Fremont, Gunnison, Hinsdale, Mineral, Montrose, 19.75 3.75 Ouray, Rio Grande, Saguache, San Juan, San Miguel 1536 La Plata 19.79 5.13 1537 Mineral 19.17 5.53 1538 Montezuma 16.42 4.42 Bobcat/Skid Loader Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, 1539 Dolores, Fremont, Gunnison, Hinsdale, Montezuma, 18.20 4.54 Montrose, Ouray, Rio Grande, Saguache, San Juan, San Mi ue1 1540 La Plata 19.98 4.88 1541 Mineral 17.94 4.62 Broom/Sweeper 1542 Alamosa 20.67 9.22 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, 1543 Fremont, Gunnison, Hinsdale, La Plata, Mineral, 21.70 9.22 Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel Bulldozer Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, 1544 Dolores, Gunnison, Hinsdale, Mineral, Montezuma, 23.28 9.22 Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 1545 Fremont 23.67 9.22 1546 La Plata 23.57 8.72 1547 Chipper 22.04 8.26 Crane Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, 1548 Montezuma, Montrose, Ouray, Rio Grande, Saguache, 25.01 8.22 San Juan, San Miguel 1549 La Plata 25.21 8.22 -38- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0130022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): 1550 Drill 20.84 2.66 1551 Forklift 18.30 5.01 1552 Grade Checker 23.91 7.89 Grader/Blade 1553 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 16.39 4.20 1554 Fremont 19.68 3.37 1555 La Plata 19.83 4.20 1556 Guardrail/Post Driver 16.07 4.41 Loader (Front End) 1557 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Mineral, Montrose, Ouray, Rio Grande, Saguache, San Juan 23.38 8.22 1558 Fremont 23.67 9.22 1559 La Plata 23.36 7.09 1560 Montezuma 22.82 8.72 1561 San Miguel 23.82 9.22 Mechanic 1562 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 16.74 4.20 1563 Fremont 18.79 3.51 Oiler 1564 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, 22.97 7.88 1565 Fremont 22.97 8.56 1566 La Plata 24.08 5.49 1567 San Miguel 22.97 9.22 0 0 i 0 -39- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATOR (con't.): Roller/Compactor (Dirt and Grade Compaction) Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Mineral, Montezuma, 1568 Montrose, Ouray, Rio Grande, Saguache, San Juan, 19.24 4.96 San Mi ue1 1569 Fremont 16.52 5.28 1570 La Plata 18.33 2.98 1571 Rotomill 16.28 4.41 1572 Scraper 17.62 2.96 Screed 1573 Alamosa 20.33 6.81 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montezuma, 1574 Montrose, Ouray, Rio Grande, Saguache, San Juan, 19.58 4.96 San Miguel 1575 La Plata 17.86 2.75 1576 Tractor 15.08 2.95 TRAFFIC SIGNALIZATION: 1577 Groundsman 17.04 2.28 TRUCK DRIVER: Distributor 1578 Alamosa 18.40 4.51 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, 1579 Fremont, Gunnison, Hinsdale, La Plata, Mineral, 17.62 5.27 Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 1580 Montezuma 15.80 5.27 -40- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130022 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER (con't.): Dump Truck 1581 Alamosa 14.15 3.83 1582 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 16.56 4.03 1583 Fremont 16.55 4.34 1584 La Plata 16.90 3.83 1585 Mineral 16.97 4.61 1586 Lowboy Truck 17.25 5.84 1587 Mechanic 17.79 3.51 1588 Multi -Purpose Specialty & Hoisting Truck 14.60 3.49 Pickup and Pilot Car 1589 Alamosa, Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Fremont, Gunnison, Hinsdale, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 14.04 3.49 1590 La Plata 15.47 3.49 Semi Truck 1591 Alamosa, Archuleta, Chaffee, Gunnison, Mineral, Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 19.42 5.41 1592 Conejos, Custer, Delta, Dolores, Fremont, Hinsdale, La Plata 17.25 5.41 Water Truck 1593 Alamosa 17.58 3.75 1594 Archuleta, Chaffee, Conejos, Custer, Delta, Dolores, Gunnison, Hinsdale, Mineral, Montrose, Ouray, Rio Grande, Saguache, San Juan, San Miguel 16.75 3.04 1595 Fremont 16.15 3.14 1596 La Plata 17.67 3.43 1597 Montezuma 14.88 2.07 0 0 0 -41- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION NO. C0130022 0 LJ -42- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION Decision Nos. C0130016, 17, 18, 19, 20, 21, 22, 23 and 24 dated Modifications ID January 04, 2013 supersedes Decision Nos. C0100016, 17, 18, 19, MOD Number Date Page Number(s) 20, 21, 22, 23 and 24 dated September 30, 2011. 1 07/26/13 1 & 14 1 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. CO130023 applies to the following counties: Eagle, Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt and Summit counties. General Decision No. C0130023 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod 1598 CARPENTER (Excludes Form Work) 24.00 11.28 TRAFFIC SIGNALIZATION: SUMMIT COUNTY Traffic Signal Installation 1599 Zone 1 26.42 4.75%+ 8.68 1600 Zone 2 29.42 4.75%+ 8.68 Traffic Installer Zone Definitions Zone 1 — Within a 35 mile radius measured from the addresses of the following cities: Colorado Springs - Nevada & Bijou Denver - Ellsworth Avenue & Broadway Ft. Collins - Prospect & College Grand Junction - 12th & North Avenue Pueblo - I-25 & Highway 50 Zone 2 - All work outside these areas. 1824 ELECTRICIAN (Boom Truck Operator) 20.91 6.10 + 3% POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1601 Smaller than Watson 2500 and similar 24.27 8.62 1602 Watson 2500 similar or larger 25.57 8.62 IRONWORKER: Structural 1603 Garfield 23.80 18.07 0 0 • L J 0 -43- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0130023 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER (Form Work Only): 1604 Eagle, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 15.92 5.38 1605 Garfield 19.55 4.09 CEMENT MASON/CONCRETE FINISHER: 1606 Eagle 17.59 2.85 1607 Garfield 17.27 2.16 1608 Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt- 18.23 2.85 1609 Summit 15.55 2.85 ELECTRICIAN: 1610 Excludes Traffic Signalization 28.06 8.76 Traffic Signalization Electrician 1611 Eagle Garfield Grand Jackson Lake Moffat Pitkin Rio Blanco, Routt, Summit 28.24 8.52 Traffic Signalization Groundsman 1612 Eagle, Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt 15.93 4.01 1613 Summit 16.75 4.10 GUARDRAIL INSTALLER: 1614. Eagle 12.78 3.46 1615 Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 12.78 3.31 HIGHWAY/PARKING LOT STRIPING: 1616 Truck Driver (Line Striping Truck) 14.60 3.49 Painter 1617 Eagle, 13.85 3.07 1618 Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 13.97 3.07 IRONWORKER: Excludes Guardrail Installation 1619 Reinforcing 16.94 6.77 1620 Structural 22.22 6.01 -44- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER COI 30016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130023 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod LABORER: Asphalt Raker 1621 Eagle 1636 3.26 1622 Garfield 18.66 3.53 1623 Grand 17.90 3.02 1624 Jackson, Lake, Moffatt, Routt 17.75 3.75 1625 Pitkin 17.50 3.75 1626 Rio Blanco 18.97 3.75 1627 Summit 16.77 3.26 Common or General 1628 Eagle, Garfield, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 12.44 3.53 1629 Grand 19.14 3.53 1630 Concrete Saw (Hand Held) 16.00 6.14 Landscape and Irrigation 1631 Eagle 14.84 3.16 1632 Garfield, Grand, Jackson, Lake, Moffatt, Rio Blanco, Routt 13.54 3.16 1633 Pitkin 14.16 3.16 1634 Summit 13.09 3.16 Mason Tender - Cement/Concrete 1635 Eagle, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 12.44 3.10 1636 Garfield 14.87 3.10 Traffic Control 1637 Flagger 9.42 3.21 Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags, (Excludes Flaggers) 1638 Eagle, Garfield, Grand, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 12.39 3.20 1639 Jackson 12.93 3.22 U 0 Li I E • 0 -45- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130023 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod PAINTER: (Spray Only) 1640 Eagle 17.49 3.52 1641 Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt 17.54 3.52 1642 Summit 19.96 3.52 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1643 Eagle, Summit 22.67 8.72 1644 Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Routt 24.09 7.93 1645 Rio Blanco 23.67 9.22 1646 Asphalt Paver 22.67 8.72 1647 Asphalt Plant 19.27 4.47 Asphalt Roller 1648 Eagle 23.01 8.72 1649 Garfield, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 23.15 8.07 1650 Grand 22.67 8.72 1651 Asphalt Spreader 25.61 6.96 Backhoe/Trackhoe 1652 Eagle 22.56 7.02 1653 Garfield 19.40 4.42 1654 Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt 22.92 6.15 1655 Summit 24.30 5.75 Bobcat/Skid Loader 1656 Eagle 18.25 4.32 1657 Garfield 24.63 0.00 1658 Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt 21.04 5.18 1659 Summit 19.77 4.28 IdIRL ®1 IW ZAK Zak Dirt Equipment Available as of November 2013 HEAVY D.U,TYTRtJ:CKI a 2001 KENWORTH T-800 1999 KENWORTH T-800 1999 INTERNATIONAL 4700 WATER TRUCK 1997 INTERNATIONAL 4900 WATER TRUCK 2000 FREIGHTLINER FL80 WATER TRUCK_ 1993 MACK TANDEM DUMP TRUCK 1993 MACK TANDEM DUMP TRUCK 2005 CHEVY C8500 1998 FORD F-800 FLAT BED TRUCK 1987 CAT 14-G MOTOR GRADER 1979 VERSATILE 875 1998 GENIE MANLIFT 2005 GENIE MANLIFT 1985 HYSTER H225E FORKLIFT 199.9 CAT.D6M DOZER 1996 CAT D-8R DOZER 2013 CAT D-6N DOZER 2007 CAT 325D EXCAVATOR MARK ML60-30 FORKLIFT 2001 JOHN DEERE 210-LE TRACTOR .75 CY 2004 246B SKID STEER LOADER 2007 CAT 246b SKID STEER LOADER 1995 RT500 GROVE CRANE 30 TON 2008 GROVE CRANE RT 600E 50 TON - 2000 VOLVO A35-C HAUL TRUCK 20 CY 1999 CAT TELEHANDLER TH83 2005 BIDWELL PAVER 36' &ACCESSORIES _ 1999 CAT 615C 16 CY 2006 KOMATSU PC400 EXCAVATOR 2013 CAT 329EL EXCAVATOR 2006 GOMACO COMMANDER II PAVER 2005 140H MOTOR GRADER 2005 IR SD 77DX WHEEL COMPACTOR 2009 CAT CS56 ROLLER COMPACTOR 2007 950H CAT LOADER 4 CY 2007 966H CAT LOADER 4 CY 2004 325CL CAT EXCAVATOR 2008 JOHN DEERE 544J LOADER W/FORKS • • • -46- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. COI30023 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Broom/Sweeper 1660 Eagle 23.35 7.78 1661 Garfield, Jackson, Lake, Moffat, Pitkin, Routt 21.92 7.66 1662 Grand 21.67 8.22 1663 Rio Blanco 21.66 0.00 1664 Summit 22.67 8.72 1665 Bulldozer 26.78 7.05 1666 Chipper 22.04 8.26 1667 Crane 23.82 9.22 1668 Drill 20.84 2.66 1669 Forklift 18.30 5.01 1670 Grade Checker 23.82 9.22 1671 Grader/Blade 23.05 6.45 1672 Guardrail/Post Driver 16.07 4.41 Loader (Front End) 1673 Eagle 24.98 7.55 1674 Garfield 21.93 9.22 1675 Grand, Pitkin, 22.67 8.72 1676 Jackson, Lake, Moffatt, Routt 24.07 7.92 1677 Rio Blanco 23.67 9.22 1678 Summit 25.88 7.01 Mechanic 1679 Eagle, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 23.31 3.93 1680 Garfield 19.80 4.20 Oiler 1681 Eagle 23.82 7.62 1682 Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 24.04 7.77 0 0 0 • • 47 U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0130023 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Roller/Compactor (Dirt and Grade Compaction) 1683 Eagle, Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Routt 22.72 5.98 1684 Rio'Blanco 23.67 9.22 1685 Summit 24.38 6.11 Rotomill 1686 Eagle 18.86 4.41 1687 Garfield, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt 20.70 4.41 1688 Grand 23.48 4.41 1689 Summit 16.28 4.41 1690 Scraper 20.60 7.99 Screed 1691 Eagle 17.04 3.98 1692 Garfield, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 23.76 5.05 1693 Grand 23.29 4.05 1694 Tractor 15.08 2.95 -48- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130023 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER: Distributor 1695 Eagle, Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Routt, Summit 19.07 4.35 1696 Rio Blanco 15.80 5.27 Dump Truck 1697 Eagle 16.17 3.83 1698 Garfield 16.29 3.83 1699 Grand, Jackson, Lake, Moffat, Routt 17.79 4.02 1700 Pitkin 20.13 4.15 1701 Rio Blanco 17.26 4.63 1702 Summit 15.27 5.27 Lowboy Truck 1703 Eagle 18.89 4.56 1704 Garfield, Grand, Jackson, Lake, Moffat, Pitkin, Rio Blanco, Routt, Summit 18.43 4.56 1705 Mechanic 17.79 3.51 1706 Multi -Purpose Specialty & Hoisting Truck 14.60 3.49 1707 Pickup and Pilot Car 14.04 3.49 1708 Semi Truck 20.72 0.00 Water Truck 1709 Eagle 23.05 2.90 1710 Garfield 21.00 5.88 1711 Grand 21.19 3.01 1712 Jackson, Lake, Moffatt, Pitkin, Routt, Summit 20.39 3.43 1713 Rio Blanco 17.25 3.75 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). -49- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION NO. C0130023 -50- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION Decision Nos. C0130016,17, 18, 19, 20, 21, 22, 23 and 24 dated January 04, 2013 supersedes Decision Nos. C0100016, 17,18,19, 20, 21, 22, 23 and 24 dated September 30, 2011. Modifications ID MOD Number Date Paee Number(s) 1 07/26/13 1 & 14 1 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. CO130024 applies to the following counties: Larimer, Mesa, and Weld counties. General Decision No. CO130024 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1714 Smaller than Watson 2500 and similar 24.27 8.62 1715 Watson 2500 similar or larger 24.57 8.62 Oiler 1716 Weld 24.42 8.62 General Decision No. CO100024 The wage and fringe benefits listed below do not reflect collectively bargained rates.' CARPENTER: 1717 Excludes Form Work 20.72 5.34 Form Work Only 1718 Larimer, Mesa 18.79 3.67 1719 Weld 16.54 3.90 CEMENT MASON/CONCRETE FINISHER: 1720 Larimer 16.05 3.00 1721 Mesa 17.53 3.00 1722 Weld 17.48 3.00 ELECTRICIAN: Excludes Traffic Signalization 1723 Weld 33.45 7.58 Traffic Signalization 1724 Weld 25.84 6.66 9 0 • • '-51- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0130024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod FENCE ERECTOR: 1725 Weld 17.46 3.47 GUARDRAIL INSTALLER: 1726 Larimer, Weld 12.89 3.39 HIGHWAY/PARKING LOT STRIPING: Painter 1727 Larimer 14.79 3.98 1728 Mesa 14.75 3.21 1729 Weld 14.66 3.21 IRONWORKER: Reinforcing (Excludes Guardrail Installation) 1730 Larimer, Weld 16.69 5.45 Structural (Excludes Guardrail Installation) 1731 Larimer, Weld 18.22 6.01 LABORER: Asphalt Raker 1732 Larimer 18.66 4.66 1733 Weld 16.72 4.25 1734 Asphalt Shoveler 21.21 4.25 1735 Asphalt Spreader 18.58 4.65 1736 Common or General 16.29 4.25 1737 Concrete Saw (Hand Held) 16.29 6.14 1738 Landscape and Irrigation 12.26 3.16 1739 Mason Tender - Cement/Concrete 16.29 4.25 Pipelayer 1740 Larimer 17.27 3.83 1741 Mesa, Weld 16.23 3.36 1742 Traffic Control (Flagger) 9.55 3.05 52- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. C0130024 The wage and fringe benefits listed below do not reflect collectivel bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod LABORER (con't): Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 1743 Larimer, Weld 12.43 3.22 1744 PAINTER (Spray Only) 16.99 2.87 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1745 Larimer 26.75 5.39 1746 Mesa, Weld 23.93 7.72 1747 Asphalt Paver 21.50 3.50 Asphalt Roller 1748 Latimer 23.57 3.50 1749 Mesa 24.25 3.50 1750 Weld 27.23 3.50 Asphalt Spreader 1751 Latimer 25.88 6.80 1752 Mesa, Weld 23.66 7.36 Backhoe/Trackhoe 1753 Latimer 21.46 4.85 1754 Mesa 19.81 6.34 1755 Weld 20.98 .6.33 Bobcat/Skid Loader 1756 Larimer 17.13 4.46 1757 Mesa, Weld 15.37 4.28 1758 Boom 22.67 8.72 Broom/Sweeper 1759 Latimer 23.55 6.20 1760 Mesa 23.38 6.58 1761 Weld 23.23 6.89 CJ is 0 C� -53- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER CO130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't): Bulldozer 1762 Larimer, Weld 22.05 6.23 1763 Mesa 22.67 8.72 1764 Crane 26.75 6.16 Drill 1765 Larimer, Weld 31.39 0.00 1766 Mesa 35.06 0.00 1767 Forklift 15.91 4.68 Grader/Blade 1768 L'arimer 24.82 5.75 1769 Mesa 23.42 9.22 1770 Weld 24.53 6.15 1771 Guardrail/Post Driver 16.07 4.41 1772 Loader (Front End) 1773 Larimer 20.45 3.50 1774 Mesa 22.44 9.22 1775 Weld 23.92 6.67 Mechanic 1776 Larimer 27.68 4.57 1777 Mesa 25.50 5.38 1778 Weld 24.67 5.68 Oiler 1779 Larimer 24.16 8.35 1780 Mesa 23.93 9.22 Roller/Compactor (Dirt and Grade Compaction) 1781 Larimer 23.67 8.22 1782 Mesa, Weld 21.33 6.99 -54- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER COI 30016, 17, 18, 19, 20, 21, 22, 23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Rotom i l l 1783 Larimer 18.59 4.41 1784 Weld 16.22 4.41 Scraper 1785 Larimer 21.33 3.50 1786 Mesa 24.06 4.13 1787 Weld 30.14 1.40 Screed 1788 Larimer 27.20 5.52 1789 Mesa 27.24 5.04 1790 Weld 27.95 3.50 1791 Tractor 13.13 2.95 TRAFFIC SIGNALIZATION: Groundsman 1792 Larimer 11.44 2.84 1793 Mesa 16.00 5.85 1794 Weld 16.93 3.58 TRUCK DRIVER: Distributor 1795 Larimer 19.28 4.89 1796 Mesa 19.17 4.84 1797 Weld 20.61 5.27 Dump Truck 1798 Larimer 18.86 3.50 1799 Mesa 15.27 4.28 1800 Weld 15.27 5.27 0 0 • • • -55- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION General Decision No. CO130024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER (con't.): Lowboy Truck 1801 Larimer 18.96 530 1802 Mesa, Weld 18.84 5.17 1803 Mechanic 26.48 3.50 Multi -Purpose Specialty & Hoisting Truck 1804 Larimer, Mesa 16.65 5.46 1805 Weld 16.87 5.56 1806 Pickup and Pilot Car 13.93 3.68 1807 Semi/Trailer Truck 18.39 4.13 1808 Truck Mounted Attenuator 12.43 3.22 . Water Truck 1809 Larimer 19.14 4.99 1810 Mesa 15.96 5.27 1811 Weld 19.28 5.04 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. E 0 41, EXPERIENCE SIMILAR IN .IMPORTANCE TO BRYAN AVENUE BRIDGE REPLACEMENT PROJECT E BRI • a RD Owner: City of Longmont • Engineer: Tom Street 303-651-8349 • Location: 3rd Avenue Bridge over Rail Road Tracks • Awarded: July, 2012 • Completion Date: November, 2012 • Contract.Amount $732,793.34. 7$ ► 6 o Scope of Work: Remove/replace bridge; asphalt, bridge rail, guard rail, seeding, erosion control, traffic control, construct detour, survey, curb and gutter, sidewalk REMOVE & REPLACE CULVERT & REPAIR ROAD • Owner: City of Longmont • Engineer:Micah Zogorski - 303-651-8330 • Location: Button Rock Dam Road, Longmont, CO • Awarded: January, 2012 • Date Completed;. April, 2012 Contract Amount: $350,653.00 • Scope of Work: Remove CMP culvert and replace with concrete box culvert; riprap drop structure BRIDGE MENT JE & REPLACE' SHIELDS ST & LAPORTE AVE BRIDGES • Owner: City of Fort Collins • Engineer: Jin Wang - 970-221-6605 • Location: Shields St & Laporte Ave, Fort Collins, Colorado • Awarded: March, 2012 • Completed: May, 2013 • Contract Amount: $2,063,055.00 • Scope of Work: Excavation, remove/ replace 2 bridges, asphalt pavement, concrete box replacement; 30" RU, 30" DIP, striping, signage, concrete, curb and gutter, sidewalk -56- U.S. DEPT. OF LABOR, DAVIS BACON MINIMUM WAGES, COLORADO DATE 07-26-13 GENERAL DECISION NUMBER C0130016, 17, 18, 19, 20, 21, 22,23 and 24 HIGHWAY CONSTRUCTION O 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 Flour 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 is from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION NO. C0130024 U July 29, 2011 1 • ON THE JOB TRAINING This training special provision is an implementation of 23 U.S.C. 140 (a). The Contractor shall meet the requirements of the FHWA 1273 for all apprentices and trainees. As part of the Contractor's Equal Employment Opportunity Affirmative Action Program, training shall be provided on projects as follows: 1. The Contractor shall provide on the job training aimed at developing full journey workers in the skilled craft identified in the approved training plan. The Contractor shall provide at,a minimum, required training hours listed in the Project Special Provisions for each project. 2. The primary objective of this specification is to train and upgrade women and minority candidates to full journey worker status. The Contractor shall make every reasonable effort to enroll and train minority and women workers. This training commitment shall not be used to discriminate against any applicant for training whether or not the applicant is a woman or minority. 3. The Contractor may employ temporary workers from CDOT supportive services providers to meet OJT requirements. 'Information pertaining to supportive services providers may be obtained by calling the CDOT OJT Coordinator at the number shown on the link http://www.coloradodot.info/business/ecival- opportunity/training html 4. An employee shall not be employed or utilized as a trainee in a skilled craft in which the employee has achieved journey status. 5. The minimum length and type of training for each skilled craft shall be as established in the training program selected by the Contractor and approved by the Department and the Colorado Division of the • Federal Highway Administration (FHWA), or the U. S Department of Labor (DOL), Office of Apprenticeship or recognized state apprenticeship agency. To obtain assistance or program approval contact: CDOT Center for Equal Opportunity 4201 East Arkansas Avenue Denver, CO 80222 eoa,dot.state.co.us 1-800-925-3427 6. The Contractor shall pay the training program wage rates and the correct fringe benefits to each approved trainee employed on the project and enrolled in an approved program. The minimum trainee wage shall be no less than the wage for the Guardrail Laborer classification as indicated in the wage decision for the project. 7. The CDOT Regional Civil Rights Manager must approve all proposed apprentices and trainees for the participation to be counted toward the project goal and reimbursement. Approval must occur before training begins. Approval for the apprentice or trainee to begin work on a CDOT project will be based on: A. Evidence of the registration of the trainee or apprentice into the approved training program. B. The completed Form 838 for each trainee or apprentice as submitted to the Engineer. 8. Before training begins, the Contractor shall provide each trainee with a copy of the approved training program, pay scale, pension and retirement benefits, health and disability benefits, promotional opportunities, and company policies and complaint procedures. 9. Before training begins, the Contractor shall submit a copy of the approved training program and CDOT • Form 1337 to the Engineer. Progress payments may be withheld until this is submitted and approved and may be withheld if the approved program is not followed. July 29, 2011 ON THE JOB TRAINING O 10. On a monthly basis, the Contractor shall provide to the Engineer a completed On the Job Training Progress Report (Form 832) for each approved trainee or apprentice on the project. The Form 832 will be reviewed and approved by the Engineer before reimbursement will be made. The Contractor will be reimbursed for no more than the OJT Force Account budget. At the discretion of the Engineer and if funds are available, the Engineer may increase the force account budget and the number of reimbursable training hours through a Change Order. The request to increase the force account must be approved by the Engineer prior to the training. 11. Upon completion of training, transfer to another project, termination of the trainee or notification of final acceptance of the project, the Contractor shall submit to the Engineer a "final" completed Form 832 for each approved apprentice or trainee. 12. All forms are available from the CDOT Center for Equal Opportunity, through the CDOT Regional Civil Rights Manager, or on CDOT's website at http://www.coloradodot.info/business/bidding/Biddinq%20Forms/Bid%20Winner%2OForms 13. Forms 838 and 832 shall be completed in full by the Contractor. Reimbursement for training is based on the number of hours of on the job training documented on the Form 832 and approved by the Engineer. The Contractor shall explain discrepancies between the hours documented on Form 832 and the corresponding certified payrolls. 14. The OJT goal (# of training hours required) for the project will be included in the Project Special Provisions and will be determined by the Regional Civil Rights Manager after considering: A. Availability of minorities, women, and disadvantaged for training; B. The potential for effective training; C. Duration of the Contract; O D. Dollar value of the Contract; E. Total normal work force that the average bidder could be expected to use; F. Geographic location; G. Type of work; and H. The need for additional journey workers in the area I. The general guidelines for minimum total training hours are as follows: "Contract dollar value Minimum total training hours to be,provided on the project Up to 1 million 0 >1 - 2 million 320 >2 - 4 million 640 >4 - 6 million 1280 >6 - 8 million 1600 >8- 12 million 1920 >12 - 16 million 2240 million 2560 ' For each increment of $5 million, over $20 million 1280 O July 29, 2011 i ON THE JOB TRAINING 15. The number of training hours for the trainees to be employed on the project shall be as shown in the Contract. The trainees or apprentices employed under the Contract shall be registered with the Department using Form 838, and must be approved by the Regional Civil Rights Manager before training begins for the participation to be counted toward the OJT project goal. The goal will be met by an approved trainee or apprentice working on that project; or, if a Contractor's apprentice is enrolled in a DOL approved apprenticeship program and registered with CDOT using Form 838 and working for the Contractor on a non-CDOT project. The hours worked on the non-CDOT project may be counted toward the project goal with approved documentation on Form 832. Training hours will be counted toward one project goal. . 16. Subcontractor trainees who are enrolled in an approved Program may be used by the Contractor to satisfy the requirements of this specification. 17. The Contractor will be reimbursed $2.00per hour worked for each apprentice or trainee working on a CDOT project and whose participation toward the OJT project goal has been approved 18. The Contractor shall have fulfilled its responsibilities under this specification if the CDOT Regional Civil Rights Manager has determined that it has provided acceptable number of training hours. 19. Failure to provide the required training will result in the following disincentives: A sum representing the number of training hours specified in the Contract, minus the number of training hours worked as certified on Form 832, multiplied by the journey worker hourly wages plus fringe benefits [(A hours — B hours worked) x (C dollar per hour + D fringe benefits)] = Disincentives Assessed. Wage rate will be determined by averaging the wages for the crafts listed on Form 1337. The Engineer will provide the Contractor with a written notice at Final Acceptance of the project informing the Contractor of the • noncompliance with this specification which will include a calculation of the disincentives to be assessed. 0 February 3, 2011 PARTNERING PROGRAM The Colorado Department of Transportation actively encourages partnering and invites the Contractor and his lie subcontractors and suppliers to participate in a voluntary partnering agreement for this project. The following information summarizes the partnering process. More information is available through the Resident Engineer listed in the project special provisions. This partnership will be structured to draw on the strengths of each organization to identify and achieve mutual goals. The objectives are effective and efficient Contract performance with reciprocal cooperation, and completion within budget, on schedule, and in accordance with the Contract. This partnership will be bilateral in make-up and all costs associated with this partnership will be agreed to by both parties and will be shared equally. The Contractor shall assume full responsibility for all costs associated with partnering during the implementation of the partnering process. CDOT will reimburse the Contractor for the agreed amount. The CDOT Program Engineer or the Resident Engineer will contact the Contractor within ten days after the award of this project to ask if the Contractor wants to implement this partnership initiative. If the Contractor agrees, the Contractor's on -site project manager shall meet with CDOT's Resident Engineer to plan a partnering development and team building workshop. At this planning session, arrangements shall be made to determine the facilitator and the workshop, attendees, agenda, duration, and location. The workshop shall be held prior to the commencement of any major work item and preferably before the preconstruction conference. The following persons shall attend the workshop: CDOT's Resident Engineer, Project Engineer, and key project personnel; the Contractor's on -site project manager and key project supervision personnel; and the subcontractors' key project supervision personnel. The following personnel shall also be invited to attend as needed: project design engineer, key local government personnel, suppliers, design consultants, CDOT maintenance foreman, CDOT environmental manager, key railroad personnel, and key utility personnel. The Contractor and CDOT shall also have Regional or District managers and Corporate or State level managers on the partnering team. Follow-up workshops may be held periodically throughout the duration of the Contract as agreed by the Contractor and the Engineer at the initial workshop. A closeout workshop shall be held to evaluate the effectiveness of the partnership. The establishment of a partnership charter, which identifies the workshop participants' mutual goals on the project, will not change the legal relationship of the parties to the Contract or relieve either party from any terms of the Contract. LJ July 19, 2012 1 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification: The weekly payrolls submitted by contractors and subcontractors in accordance with Part V., "paragraph 2c shall not include full social security numbers and home addresses. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee's social security number). Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them to the SHA upon request. REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions. V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention Vill. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's July 19, 2012 FHWA-1273 -- Revised May 1, 2012 immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the 0 11 is REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of•employmenl. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. 0 July 19, 2012 d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and Stale regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. — c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. July 19, 2012 d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability, making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. , 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor 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 DOT -assisted contracts. 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 the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. 0 0 • 0 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that -segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, reslrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains; recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. July 19, 2012 Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations 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.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 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 classification and wage rates conformed under paragraph 1.b. 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. b.(1) 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: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and 304-06000 AGGREGATE BASE COURSE (CLASS 6) TON 72 $ - 403-32721 HOT MIX ASPHALT (GRADING SG) (75) (PG 58-28) TON 40 $ - 403-33721 HOT MIX ASPHALT (GRADING S) (75) (PG 58-28) TON 42 $ - 406-00700 TEMPORARYPAVEMENT SY 285 $ - 412-00800 CONCRETE PAVEMENT(8-INCH) SY 100 $ - 420-00507 GEOTEXTILE PAVING FABRIC SY 75 $ - 506-00000 RIP RAP CY 38 $ - 509-70000 STAINLESS STEEL ANGLE (SPECIAL) LF 228 $ - 514-00100 HAND RAIL LF 6 $ - 514-00200 PEDESTRIAN RAILING (STEEL) LF 38 $ - 514-01020 PEDESTRIAN RAILING (LIMBER) LF 58 $ - 601-03030 CONCRETE CLASS D (BOX CULVERT) CY 50 $ - 601-03050 CONCRETE CLASS D (WALL) CY 114 $ - 60140008 MOSS ROCK VENEER SF 1,200 $ - 60140009 MOSS ROCK CAP LF- 94 $ - 60140400 STRUCTURAL CONCRETE STAIN SY 369 $ - 602-00020 REINFORCING STEEL (EPDXYCOATED) LB 34,061 $ - 603-50008 8 INCH PVC PIPE (SDR 35) LF 39 $ - 603-72020 25 X 7.33 FOOT CONCRETE 3-SIDED CULVERT (PRECAST) LF 39 $ - 603-72021 26 X 7.33 FOOT CONCRETE 3-SIDED CULVERT TOP SLAB (PRECAST) LF 39 604-19800 CONCRETE CATCH BASIN (2 FOOT X 2 FOOT) EA 2 $ - 604-19801 INLET FRAME AND GRATE (24 INCHES) EA 2 $ - 608-00006 CONCRETE SIDEWALK (6 INCH) SY 207 $ - 608-00300 COLOR STAINING AND SEALING(SPECIAL) SY 56 $ - 613-00105 1 INCH ELECTRICAL CONDUIT LF 20 $ - 613-00300 3INCH ELECTRICAL CONDUIT LF 555 $ - 613-01050 112 INCH ELECTRICAL CONDUIT (PLASTIC) LF 36 $ - 613-01100 1 INCH ELECTRICAL CONDUIT(PLASTIC) LF 200 $ - 613-10000 WIRING LS 1 $ - 613-13000 LUMINAIRE(LED) EA 4 $ - 613-34140 LIGHT STANDARD METAL (14 FOOT) EA 4 $ - 613-50010 PHOTOELECTRIC CELL EA 1 $ - 620-00020 SANITARYFACILITY EA 1 $ - 626-00005 MOBILIZATION L S 1 $ - Addendum 1 — 7568 Bryan Ave Bridge Replacement Page 3 of 6 0 ,r u Angelo Ak ®® 0 ZAK d i r t • Mancina Position Controller/Project Manager/Corp. Treasurer Project '97 —'98 Twin Lakes Dam Fort Collins, CO Management Dam rehabilitation and spillway enlargement Experience Civil Engineering Intern: Structure layout, material testing, survey Jun '99 — Aug '99 Carl Smith Dam Hotchkiss, CO Dam rehabilitation • Civil Engineering Intern: Material testing, quality assurance Aug '01 — Jan '03 South Taft Hill Road Widening Fort Collins, CO Road widening of 1.5 miles: box culverts, earthwork, structural concrete, bituminous pavement, aggregates, concrete trails • Master schedule, subcontractor management, crew management Dec '02 — March '03 Mariano Reservoir Loveland, CO Box culvert extension, sand blanket, toe drain, embankment, tunnel lining, pressure grouting • Master schedule, subcontractor management, survey, material testing Jul '03 — Apr'04 9'"Avenue Road Widening Longmont, CO Road widening ■ Master schedule, subcontractor management, crew management Sep '04 — Sep '05 Airport Road Improvements Longmont, CO Road widening • Master schedule, subcontractor management, crew management Mar'05 — Jul'05 Ryan Gulch Spillway Loveland, CO Construct new riprap spillway • Master schedule, subcontractor management, crew management Sep'05 - Dec'05 Foothills Dam Rehabilitation Hygene, CO Dam rehabilitation: excavate the core of the dam and replace with moisture conditioned fill • Master schedule, subcontractor management, crew management REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) 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. (3) 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 Wage and Hour Administrator for determination. The Wage and Hour 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. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) 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. c. Whenever theminimum 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. d. 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. 2. Withholding July 19, 2012 The contracting agency 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, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. 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. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm u U July 19, 2012 • 7 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS • or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the Slate DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) 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: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) 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; (iii) 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. (3) 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 3.b.(2) of this section. (4) 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. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, 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 FHWA may, after written notice to the contractor, the contracting agency or the State DOT, 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 a. Apprentices (programs of the USDOL). 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, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, 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 Office of Apprenticeship Training, Employer and Labor Services 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 riot 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 determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. _ The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. 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. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to July 19, 2012 journeymen shall not be greater than permitted by the terms of the particular program. S. 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 Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 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. 10. Certification of eligibility. a. 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). b. 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). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As E 0 -1 • • [ J 9 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS used in this paragraph, the terms laborers and mechanics include watchmen and guards. 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 therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer 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 FHWA or the contacting agency 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 paragraph (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. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. July 19, 2012 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization' refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project, and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specially Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is July 19, 2012 10 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and lake any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). Vill. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: 'Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation, or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented, Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA 0 0 • 11 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. • d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility • and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering July 19, 2012 into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each ,participant may, but is not required to, check the Excluded Parties List System website (https://www.ei)ls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (1) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —First Tier' Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false, statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. July 19, 2012 12 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions' refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant' refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction .originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of u 13 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 0 July 19, 2012 July 19, 2012 14 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS ATTACHMENT A - EMPLOYMENT AND MATERIALS use of mineral resource materials native to the Appalachian PREFERENCE FOR APPALACHIAN DEVELOPMENT region. HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS 6. The contractor shall include the provisions of Sections 1 This provision is applicable to all Federal -aid projects funded through 4 of this Attachment A in every subcontract for work under the Appalachian Regional Development Act of 1965. which is, or reasonably may be, done as on -site work. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the Slate Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1 c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the • • 0 Jan '06 — Feb '06 Jackson Reservoir Wiggins, CO Shoreline rehabilitation Master schedule, subcontractor management, crew management Feb '06 — Jan '07 Poudre Rest Area Fort Collins, CO Relocation of rest area, demolition of old rest area, concrete pavement, building, earthwork Master schedule, subcontractor management, crew management Feb '07 — Nov '07 Larimer County Bridges Masonville, CO Build 2 bridges, reconstruct roadway Master schedule, subcontractor management, crew management Dec '07 — Aug '09 State Highway 9 Breckenridge, CO Road Widening, Curb & Gutter, Noise Wall Master schedule, subcontractor management, crew management 2009 — Current Various Projects in Denver & along the Front Range Visit all jobsites, assist Superintendents and Project Mangers, trouble shoot on site, safety reviews, keep lines of communication open with owner, subcontractors, suppliers & public Education South Dakota School of Mines Rapid City, SD ■ B.S. Civil Engineering Current Position: Vice President of Operations Manager — Project Manager Project Nov '97 —Aug '98 Twin Lakes Dam Fort Collins, CO Management Dam rehabilitation and spillway enlargement Experience • Civil Engineering Intern: Structure layout, material testing, survey Jun '99 — Aug '99 Carl Smith Dam Hotchkiss, CO Dam rehabilitation Civil Engineering Intern: Material testing, quality assurance Aug '99 — Nov '99 Elder Reservoir DamLarimer County, CO Outlet Works Replacement Project coordination, resource scheduling, materials, production logic, form design Dec'01—Apr'02 Union Ditch Diversion Dam Milliken, CO Dewatering, earthwork, structural concrete, air bladder gates Project coordination, resource scheduling, materials, production logic, form design Nov '03 — Apr'04 WCR 13 Bridge Longmont, CO Three span bridge structure, dewatering, riprap Project coordination, resource scheduling, materials, production logic, survey Apr'04 — Jul'04 Arrowhead Dam Dam rehabilitation Evans, CO Project coordination, resource scheduling, materials,_ production logic, scheduling Sep '04 — Nov '04 CDOT Region 4 Concrete Box Culverts CO Bridge replacements in Red Lion & Holyoke, CO • Project coordination, resource scheduling, materials, production logic, scheduling Dec '04 — Jun '05 McKay Lake Dam Westminster, CO Dam rehabilitation ■ Project coordination, resource scheduling, materials, production logic, survey Jul'05 — Nov'05 Wiggins Bridge Replacement Wiggins, CO Four span bridge 450' long: structures, riprap, earthwork, roadbase Project coordination, structure layout, materials, production logic, scheduling • • • Mar'06 — Aug '06 Saint Wain State Park Boulder County, CO Park improvements Project coordination, resource scheduling, materials, production logic, survey Dec'06 — Mar'07 Fulton Ditch Brighton, CO Bridge replacement Project coordination, resource scheduling, materials, production logic, survey Dec'06 — Mar'07 Weld County Road 38E Masonville, CO Remove & replace 2 bridges, 3 boulder drop structures, earthwork & paving Structures project manager Oct'07 — April '08 Crow Lane Reservoir Pinewood Springs, CO New dam construction: 2,500 cubic yards of structural concrete & 500' outlet pipe Project coordination, resource scheduling, materials, production logic, survey Aug '10 — Feb '12 State Highway 287 Slab Replacement Broomfield, CO Remove/replace concrete slabs • Project coordination, supervise night crew, resource scheduling, materials, production logic Feb '11 — Jan '12 84t' Avenue over 1-25 Denver, CO Remove/replace 8e Avenue over 1-26 Project coordination, resource scheduling, materials coordination, coordinate & control nighttime highway closures/work/openings. May'12 - Current Sheridan Bridge over RR Arvada, CO Remove & replace bridge over railroad Project coordination, resource scheduling, materials coordination, quality control, and structure layout Education Colorado State University Fort. Collins, CO ■ B.S. Civil Engineering 0 AL '%-W .�..�- Position Superintendent • June'l1 — Dec'11 Concrete Batch Plant Current Work Manage Batch Plant Experience with Manage batching, order materials, quality control Zak Dirt, Inc. • Dec'11 - Nov'12 84t' Ave Replacement over 1-25 Bridge Replacement • Crew & Subcontractor management, scheduling, quality control, Public relations, City/Owner partnering. ■ Nov'12 — Current SH 95 Sheridan Blvd Rem/Rep Bridge over Railroad Tracks/Roadway widening • • Quality control, crew & subcontractor management, scheduling, public relations. Education 2008 — 2011 Colorado School of Mines — Golden, CO • B.S. Civil Engineering Sept /11 • Certified Concrete Testing Technician (ACI) Position Vice President — Project Manager Current Work Oct'07 —April '09 Wildcat Bridge Replacement Fort Morgan, CO Experience with Bridge Replacement Zak Dirt, Inc. Crew management, short term scheduling, quality control May'09—Aug'10 State Hwy 7 Bridge Replacement Brighton, CO Bridge Replacement ■ Crew management, scheduling, quality control Aug'10— Feb'11 State Hwy 287 Slab Replacement Remove/Replace concrete slabs • Crew & subcontractor management, scheduling, quality control, Public relations Feb '11 — Jan '13 84th Avenue over 1-25 Denver, CO Remove & replace 84'" avenue over 1-25 • Quality control, risk management, public relations, crew management, scheduling Dec'12 -Current SH 66 Bridge Replacement Longmont, CO Bridge Replacement • Crew management, crew management, scheduling, quality control Education 2004 — 2008 Colorado State University Fort Collins, CO ■ B.S. Construction Management 0 BANKING INFORMATION 0 Guaranty Bank & Trust Company 401 Main St. Longmont, CO 80501 Greg Ludlow (303) 675-1146 (303) 772-7946 (fax) BONDING INFORMATION IMA, agent for The Berkley Company 1550 17th Street, Suite 600 Denver, CO 80202-1657 (303) 615-7418 (303) 615-7805 Sheryll Shaw • 0 0 0 SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below:and all subcontractors performing over 10% of the contract. ITEM C 6A c f�i c�r�ca.I %4h?7:z5 SUBCONTRACTOR COLORADO DEPARTMENT OF TRANSPORTATION n 1�R-c-) - mt uss— oct ANTI_COLLUSION AFFIDAVIT L60ATION Qs Avg 6�iCC'�Cr �Qct Ca�C'srt5 I hereby attest that I am the person responsible within my firm for the final decision as to the prlce(s) and amount of this bid i( i, if not, thatI have written authorization; enclosed herewith, from that person to make the statements set outbeloW on his -'or her behalf and on behalf of myfim_, I further attest that;. 1, The pnce(s) and amount of this bid have been arrived at independently„,without consultation, cotiimunicatfon or agreement for the purpose' or with the effect of restricting competition with any otherItr`m or person Who is a -bidder or potential prime bidder:. 24. Neither the price(§) nor tW6mount of this Gid have been disclosed to any other firm.or`peison Who is a bidder or potential prime bidder on this Project,'anU will not be so disclosed prior to bltl opening, 2& Neither the paces nor the amount of the bid.of any oilier firm or person who Is a bidder or poteI -Intial prime bidder on <... , . - . th(s'p b0' ct have been disclosed tome or my firm, . 3A,: No attempi has been made toaollcit, cause:or induoe.any firm or person who is a bidder or potential prime bidder to refrain from bidding'on this project, or to submit a bid higher than the bld of Wti i�n_m, or any intentionally high"or non competifive bid orother forth of complementary bid: 38. No agreement has been promised or solicited for atiy other firm or person Who Is a bidder or potential pnme bidder Ift this prolect to submt an intentionally high noncompehWe or other form 'f complementary bid on this project, _ :_ 4; The bid of my firm is _made rn ggod faith and not pursuant to any consultation, communication, agreement or _., discussion with, o�lnducement or solicitation by or from ahylirm or person to subi tl any intentionally high;_noncom- pet¢ive or other form of complementary bid. 5, My flim not offered or entered mto acon subtract. or agreerrfent regarding the purchase or sale of materials Sr has sbwices.from any.ifrm or person, or offered, promised,or paid cash or "anything of value to any iirm or person; wheit er in connection with this or any otfiet prolect; in consideration for an agreemenkor promise. by any firmor , Per jo refrain from bidding or to subrrift any intentionally filgli, noncompetitN4 or other form'of'complementary bid - or agree_iri' or promising to'do so on this project 6.. My firm has not accepted or been promiseO any subcontract of agreefrient.regarding the sale of materials of services_to any iirm.or person, and has not been promised or paid cash or.anything'of value by any firm or person, whether to conrikiron with fhis.or any other project; In consideration for my firms sul miffing any intentionally high, , noncompetittve or other form of complementary bid''- agreeing qt promising to do soon this projec- _ 7. I have made a diligent Inquiry. of all members, offlcers, employee's, and:ageiils of my firm with responsibilities reiating,to;the preparaLon, approval or surriission of my firms'bid on this'pr'olect and have been advised by"eaoh of there that he or she has not participated fn'iany co(nmunicatlori; oonsultatlon; discussion, agreement,'colluslon, or other conduct mcon'siMent with any"of the, ements and representations rtiade in thfs,afhdavif: 8! 1 understand anti my firm understands that_any misstatement in this affidavit Is and shall be treated as a fraudulent tent from'the Colorado Department of.Transportation, of the true facts relaling'to submission of bids, for this contract., 1_DEC LARE UNDER PENALTY OFF PERJURY IN THE SECOND DEGREE,.'AND ANY QTHER APPLICABLE STATE OR FEDERA('LAWS; THAT THE STATEMENTS MADE ON THIS DOCUMENT'ARE_ TRUE AND COIMPLETE`TO THE t3ESIT OF MY KNOWLEDGE.. C_ oNrac of s IimPor comperry ruins B D81e:. --Loy, `Td19 Nd mnhectara. 4nn Of PamPMY FWI6 (it iuni v3nium.) - - BY - - - - --- Date Sworn to before me this 1 2 44A_ day of, il:\) O 20 13 Nota Pa �o _ ._ - ... _ .. KRISTINA MARIE DEMOTT NOTARY PUBLIC iav STATE OF COLORADO NOTARY ID 20124081286 MyCOMMISSIONEXPIRESDECEMBER19,2016 NOTE: This document must be signed in ink, cuutromobua gu, 0 • • i COLORADQDEPARTMENT OF TRANSPORTATION Profecrq BIDDERS LIST DATA and UNDERUTILIZED I?,P1`15 rfi L- - L-ocatioiii DBE (UDBE) BID CONDITIONS ASSURANCE dry , R%..P-Se;d• k ._W-IV,„$ Prime Contractor Instructions: This. form has two sections, both must be completed and submitted with youth bid. Complete Section I to IIst all subcontract quotes received (non -DBE and DBE). complete section II to report only Underutilized DBE- (UD instruct ons before nt ri'es Whic Secalify II. Attach additional goal specification for this project. Please review CDOT Fora UDBE artici ation percenta es which uali untler the con sheets as necessary: POLICY It is the policy of'the Colorado Department of Transportation that underutilized disadvantaged business enterprises have equal opportunity to pariicipate on projects financed with federal, state or local entity funds. 'Con sislent with 49 Code of Federal Regulations (GFR) Part 26,1 1 t the Bidders List data provided by the Gontractors will provide COOT'as accurate data as pt sslble about the universe of,DBE and non DBE firms actively seeking work on its highWayconstruction contracts, foruse in setting overall DBE goals._ _ - .-.a .. ,4 ri�T ninricnc LYc'P IAIinoM1IIATI(1ti lhlrin_rlRPc aitrl nRFS1' <. .. • 1} Are all subcontract bids (quotes)received hyyour firm for this project listed below?. Yes 0 No 2) if No, make certain any additional subconfract bidding 'information is submrtfed to the CDOT Business Programs Office_ bef6re,4:66 pm on the day after bids are opened to ensure CDOT has the best data possible for setting future DBE goals (use, ine;same table format as below): CDOT Business- Programs Off ice . • 4201 E. Arkansas Aye,, Room 2.00 Denver, Colorado 80222 FAX: $03'-757-g0iEl EMAIL: eo@dot.state,co,us 3). The. most recent CDOT Bidders List will b' posted online at: www.dot state co, uUEEO)DBEPrograMPage.htm Narne of firm submitting BidlOpts Certified DBEfIrm7 Yes, No Work items) description Firm being used? Yes No 1'N�w,,�,.t. l�a�i�-ff� ���� !ls lt.lf {�a✓..� ✓ 2.'] r1oM.R-W ��-- 4-S...,`, ^ t ✓ ,,l 3' (� La 1y O YLIL J�l 0 2c a� 5 1� 4, WOC, ��✓ pwt [iypwti i.c 5, 1. � yw ✓. �j�-ai✓c VGN rX.�[ 7. / n✓�i�/�5✓u W ✓ �i�N 1L p20'� / 8`�77N/IoVa:[•ivc 1'aa:irt�• �e>�vf . ✓- �Lalfi� �'+'fiz° � t� l✓ (� // 10. G e*1,4 i;i` ` Le I7TKo it. �lw. -, X451era5 2�7//1//Tic. 4,to 12, 00j" �?s t o ✓ /f t' l ✓ 13. (f&n c2c�c9�•� 14. �ofi1'is:at `3vU¢Rht '�(Ql.c F'A?wo<K Pagel oil V,.mm.n ."... ..a ---- ___.. _.... ..... -__ 0 630-00000 FLAGGING HOUR 260 $ - 630-00007 TRAFFIC CONTROL INSPECTION DAY 51 $ - 630-00012 TRAFFIC CONTROL MANAGEMENT DAY 145 $ - 630-70000 CONSTRUCTION ZONE TRAFFIC CONTROL LS 1 $ - 630-80359 PORTABLE MESSAGE SIGN PANEL DAY 84 $ - TOTAL BID (FOR PERFORMANCE AND PAYMENT BONDS, AND UDBE GOALS) $ - ADDITIONAL COSTS 700-70010 F/A MINOR CONTRACT REVISIONS - FA 1 $80,000.00 $ 80,000.00 700-70011 F/A PARTNERING FA 1 $2,500.00 $ 2,500.00 700-70016 F/A FUEL COSTADJUSTMENT FA 1 $3,000.00 $ 3,000.00 700-70019 F/A ASPHALT CEMENT COSTADJUSTMENT FA 1 $5,000.00 $ 5,000.00 TOTAL ADDITIONAL COSTS $ 90,500.00 TOTAL BASE BID TOTAL BASE BID IN WORDS (CONTRACT VALUE): Addendum 1 — 7568 Bryan Ave Bridge Replacement Page 4 of 6 - - . = Name of'firin submitting Bid/Quote _ Certified' Dr3E iirrr 9. Yes pN6 Work items) description Firm being used? Yes ( No. Via: 15: �)ktYGts� CtTncrc� S�f o?, • j ✓ // 17, la:. i s 20. — — SEGTION II UNDERUTILIZED DBE (,.UQBE) PARTICIPATION'COMMITMENT - _ - - 1) Totai eligibie Un", brutilized DBE (UDBE) percentage amount from Box A below:-- ..00 2) Will your company`s Underutilized DBE (UDBE) ParticipaUoi� commitment meet fhe contract goal? - f .Yes` O`. No 3) iist the UDBE firms; committed work items, and eligible UDBE percentage of your bid committed to each: UDBEFirinname ' Certification'# te CommiftefJworkitetn(s); %commitm`erit- toward DBE Goal" 1. --rla <i r- s>lus y 4 s$ 3 2 Tom. tnCrtTito/) /kf� n' 9 0 o .ono 2, Rio 4: % e'OX A TOTAL ELIGIBLE UDBE PERCENTAGE AMOUNT (Round to dearest hundredth) - 00 --- 9- w. ' Detailed instructions on how to calculate DBE commitment amounts aro�aYallable on bDOT Form #Z15 and in the "Comiting DBE Partidpat(on % Toward Contrail Goals and CDOT's'annual DBE`goai' eecdon of tho'"DBE Definition's and Reduiremehts" irrthe Stan d,Speclal Provisions; I understand That, i(my company is determined to be.tfie low bidder for the contracCon this project, I must submd a`completed CDOT Form #k,715 CERTIFICATION OF UNDERUTILIZED DBE'PARTICIPATION.for�ach him.listed in Section il,of this form to'the Transportation - thtrd work day after fre day bicls Department by 4 00'pm on the are opened The actual" amounts ' submitted on each CDOT Form'#715 must equal or exceed'the DBE Percentage :comm itmentsdocumented on this forfn 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 dayafferlids are opened: CDOT Form #715s submitted for firms not included on this.form, OR foramounts exceedmg those Usted on this form, will be accepted'but NOT counted as Good Faith Efforts. Qnly:the efforts the contractor mails prlorto the bid opening will cnt ouas Good Faith Efforts. I understand my obligation to abide by the Policy'stated aboveSection I f shall not discriminate on the basis of rAce;.color, age; sexi national origin; or handicap.in the bidding process orthe performance o(coniracts: I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THATTHE STATEMENTS MADE IN THIS DOCUMENTARE TRUE AND eOMPLETE TOTHE BEST OF MY KNOWLEDGE. . .. - - -- -- .. .- C_oripany Name: -. _. .- - _.-__- _. - - - - .Data:----- ---- - -- --- — - -- companyOfricerSignature: In0.a:'"�,z S2WG2 -- eye z o, e - rrevrous anmons are oosome ana may rim oe use WU I torn N/79 WDS 0 • • LJ SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: November 25, 2013 TO: Zak Dirt Inc. PROJECT: 7568 Bryan Ave Bridge Replacement OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated November 12, 2013 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7568 Bryan Ave Bridge Replacement. The Price of your Agreement is Seven Hundred Twenty -Eight Thousand Eight Hundred Seven Dollards and Ninety -Five Cents ($728,807.95). 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 December 10, 2013. 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. Gerry S. Paul &v7tyirector of Purchasing & Risk Management • SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 25th day of November in the year of 2013 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Zak Dirt Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7568 Bryan Ave Bridge Replacement and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by KDG Engineering. The City of Fort Collins Engineering Department who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within One Hundred Twenty (120) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within Thirty (30) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal 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: Two Thousand Dollars Dollars ($2,000) for each calendar day or fraction thereof that expires after the One Hundred Twenty (120) calendar day period for Substantial Completion of the Work until the i Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after the Thirty (W) 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 followsSeven Hundred Twenty -Eight Thousand Eight Hundred Seven Dollards and Ninety -Five Cents ($728,807.95), 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 0 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: �SIfEja. 1 INDEX.; OF. SHEETS PROJECT TITLE'SHEET 2 STANDARDS PLANS LIST'- 3' GENERAL NOTES :4 TYPICAL --SECTION , , -5=6 SUMMARY OF APPROXIMATE: QUANTITIES`: 7 TABULATIONS • 8 ROADWAY PLAN AND PROFILE 19. STRUCTURAL PLANS B-1 -GENERAL INFORMATION - SUMMARY OF QUANTITIES 10 B-2 ;GENERAL LAYOUT.,.. ,.... ,... 11 B=3" ENGINEERING GEOLOGY �12 B-4. -CANAL. GRADING PLAN. ,13 B-5 :CONSTRUCTION.. LAYOUT' -14 B-6, FOUNDATION LAYOUT' 15" B=7 "CONSTRUCTION 16 'PHASING B-8 CONCRETE, 3-SIDED CULVERT (PRECAST) 97 B-9 CAST-IN-PLACE'CBC, DETAILS "18 8=10" .CAST -IN -PLACE CBC.: DETAILS II `19 B=11 :.RIPARIAN WALL 1 DETAILS 20 8-12. AINGWALL-2'AND RIPARIAN WALL2 DETAILS 21, B-13 KINGWALL 3 AND RIPARIAN WALL :3"DETAILS 22 B-14 -RIPARIAN WALL 4. DETAILS 23 B-15, "CONCRETE COLUMN.DETAILS .24 B-16 -PEDESTRIAN WALL AND SIDEWALK 25 _DETAILS B-17 ,PEDESTRIANS RAIUNG' DETAILS - -.-- CQHSTRUCTDN 7RAFFlCCONTROL, :26 T-1 .. ... .' TRAFFIC'CONTROL PLAN - 27 CIVIL GRADING AND DRAINAGE C-1 'GENERAL NOTES 28 C-2 '.STORM WATER' MANAGEMENT PLAN 29 C-3 STORM WATER.MANAGEMENT.:NOTES, 30 C-4 -INTERIM PEDESTRIAN CIRCULATION PLAN 31 6-5 "INTERIM PEDESTRIAN CIRCULATION PLAN .32. C-6 INTERIM PEDESTRIAN CIRCULATION PLAN' 33 C-7 '.ROADWAY PLAN 34 C-8 -GRADING-AND UTIUTY. PLAN 35 C-9: .GRADING .AND UTIUTY. PLAN ,36 C-10- SIGNING, STRIPING, JOINTINGAND PAVEMENT .PLAN 37 URBAN DESIGN - UD=1 'URBAN DESIGN 38 UD,-2 :URBAN DESIGN 39" UD-3. =URBAN DESIGN `40 UD-'4 URBAN DESIGN 41 UD-5 'URBAN DESIGN 42 UD-6 URBAN -DESIGN 43 �44. LIGHTING _. L-1-, BRIDGE AND ELECTRICAL AND L-2 LIGHTING ELECTRICAL DETAILS The Contract Drawings shall be stamped "Final for Construction" and • dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by'law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or • responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 0 • • 0 OWNE I Y OF qT COLLINS By: GER Y S. I DIRECTOR OF PURCHASING AND RISK MANAGEMENT Title: Pcft & P4' , Date: 7'' �Il3 ` Attest: /'"emu City Clerk lgA,ef Address for giving notices: P. 0. Box 580 Fort Collins, CO 80522 Approved as tA Form I (4I Assi ant City Attorne CONTRACTOR: ZAK DIRT INC By: QL== PRINTED Title: \} t ce. P«S,,AanV Date: SEAL I (CORPORATE SEAL) ` Attest: Address for ging notice : StcseAo r� License No.: EXHIBIT B — CLARIFICATIONS & REVISIONS • 1. Project and Bidding Clarifications A. Remove the term "(Arthurs Ditch)" from Bid Item 201-00000 Clearing and Grubbing. This bridge replacement occurs on the Larimer No. 2 Canal. B. Temporary paving during cold weather months has been specified as being recycled asphalt base in Bid Item 406-00700. Contractor may use HMA, WMA or other APPROVED equal material at no additional cost to the City. Contractor is responsible for maintaining temporary pavement as directed by the project engineer in a manner that provides adequate protection on the bridge deck and a reasonable driving surface. C. Revision to Section 105 HMA Pavement Smoothness does NOT apply to this project. There will be no HRI Category II smoothness requirements. However, all LCUASS asphalt patching standards will be applicable. D. Eliminate the plan note on Sheet 10 of the plans indicating a waterproofing membrane on top of the bridge deck. No waterproofing membrane is required. However, joint wrapping is required and included in the precast box culvert specifications and shown in the detail on Sheet 16 of the plans. E. The City will provide all construction surveying for the project including confirmation of final grades as required by Note 25 on Sheet 27 of the • plans. F. The Larimer Canal No. 2 ditch has historically been turned back on for service no sooner than April 15th. However, it is the contractors responsibility to coordinate with the Larimer Canal No. 2 ditch company regarding any conflicts in the construction schedule. G. Because the entire existing bridge is to be demolished under full road closure, no stamped, engineered demolition plan is required for removal of the existing bridge. H. Dewatering — Bid Item 211-03005. The intent of this bid item is for . dewatering of storm water runoff and nuisance flows. However, the specification for dewatering does include measures for treatment and or disposal if necessary but not expected. No additional payment for dewatering will be provided so please bid accordingly. I. The City will coordinate and pay for all materials testing required for the project. J. Bid Item 630-70000 — Construction Zone Traffic Control. All construction traffic control devices are inclusive in the Lump Sum bid. A list of devices has been provided on Sheet 26 of the Plans FOR INFORMATION ONLY. Additional devices may be needed and the bid should include temporary barriers as shown on Sheet 15 of the Plans and Phase 2 Notes • (Construction Phasing Plan) that will be required for safety during Addendum 1 — 7568 Bryan Ave Bridge Replacement Page 5 of 6 SECTION 00530 • NOTICE TO PROCEED Description of Work: 7568 Bryan Ave Bridge Replacement To: Zak Dirt Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by.the CONTRACTOR and the OWNER. That the required CONTRACTOR's P6 ormance 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 Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _day of 20_ CONTRACTOR: Zak Dirt Inc. sm Title: 0 • SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate • 0 SECTION 00610 PERFORMANCE BOND Bond No. 0178639 KNOW ALL MEN BY THESE PRESENTS: that Zak Dirt Inc. 14290 Hilltop Road, Longmont, CO 80504 (en4mf4vMttM), (a-Partnef"), (a Corporation), hereinafter referred to as the "Principal' and (Firm) Berkley Regional Insurance Company (Address) 11201 Douglas Avenue, Urbandale, IA 50322 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 Seven Hundred Twenty -Eight Thousand Eight Hundred Seven Dollards and Ninety -Five Cents ($728 807.95) 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 25th day of November, 2013, a copy of which is • hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7568 Bryan Ave Bridge Replacement. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terns, 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. 0 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 2nd day of December 2013. IN PRESENCE OF: Principal AttAttest/ Zak Dirt, Inc. Co�Qccw4� �Trecas�,cpr By: iw (Title) (Title)" k $ , v, co, pies , de^V (Corporate Seal) IN PRESENCE OF: N/A Michele K. Delimont (Surety Seal) 14290 Hilltop Road, Longmont, CO 80504 (Address) Other Partners By: N/A M Surety Berkley Regional Insurance Company By; L �V��p���V"�Vn{,�� Jl (�C&t i ip onasch, Attorney-in-F-a—cF- 11201 Douglas Avenue, Urbandale, IA 50322 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR Is Partnership, all partners should execute Bond. IMA 1550 17th Street, Suite 600 Denver, CO 80202-1657 Phone 303.534.4567 SECTION 00615 PAYMENT BOND Bond No, 0178639 KNOW ALL MEN BY THESE PRESENTS: that Zak Dirt Inc. 14290 Hilltop Road, Longmont, CO 80504 (an-k4divWual), (a-Radnarsh pa), (a Corporation), hereinafter referred to as the "Principal' and (Firm) Berkley Regional Insurance Company (Address) 11201 Douglas Avenue, Urbandale, IA 50322 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 Seven Hundred Twenty -Eight Thousand Eight Hundred Seven Dollards and Ninety -Five Cents ($728.807.95) 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 25th day of November, 2013, a copy of which is . hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7568 Bryan Ave Bridge Replacement. 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. 0 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 2nd day of December , 2013, IN PRESENCE OF: Principal Attest: By- �/L-- Zak Dirt, Inc. cc�nrnt \rCQSiscv—� By: (Title (Title) zee Sawc 5 Q%ut �l�eSic�enE (Corporate Seal) IN PRESENCE OF: N/A W PRESENCE OF Surety Berkley Regional Insurance Wii°�ss: /� . By: , w�Y Michele K. Delimont NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 14290 Hilltop Road, Longmont, CO 80504 (Address) (Surety Seal) • Other Partners By: N/A By: V t' P ilip J. M asch, Attorney -in -Fact 11201 Douglas Avenue, Urbandale, IA 50322 _ (Address) IMA 1155017th Street, Suite 600 Denver, CO 80202,1657 Phone 303.534.4567 No. 7724d POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE •NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. o KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a M corporation duly organized and existing under the laws of,the State of Delaware, having its principal office in Urbandale, Iowa, v has made, constituted and appointed, and does by these presents make, constitute and appoint: Sheryll Shaw, Nicole L. McCollam, a Sue Wood, Bradley J.II ress J. Kristen L. McCormick, Sarah Finn, Robert L. Cohen, Robert Reiter, Michael Lischer, Jr., ° Je b v Philip J. Monasch or Jessica Talbot of IMA, Inc. of Denver, CO its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected yofficers of the Company at its principal office in their own proper persons. v � This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, o without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following ti E resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and ° v the attome in -fact named therein to execute bonds, undertakings recoonizances, or other suretyship obligations qualifying Y- o� n tJ' P g oon behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further 0 o RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, a or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the s manner and to the extent therein stated; and further F o RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and v further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any o power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or n other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as 3 though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have 'a ceased to be such at the time when such instruments shall be issued." oIN WITNESS WHEREOF, the Company has caused these p esents to be signed and attested by its appropriate officers and its w corporate seal hereunto affixed this J l day of , 2013. o m Attest: Berkley Regional Insurance Company O U u v (Seal) BY BY , F Ira S Lederman ] . after Senior Vice President & Secretary Vice President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER o E STATE OF CONNECTICUT ) E ss: COUNTY OF FAIRFIELDZ. ) 'o �° Sworn to before me, a Notary Public in the State of Connecticut, this day of t*'Z `-A , 2013, by Jeffrey M. Hafter and E r Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance Company. - v EILEEN KILLEENQ�- C N � Ntn;v;vl'Irn0ctstnicoFcomNFeneUr NotaryPublic, StateofConnecticut B MY OONI NISSION EXPIRES JUNCE. 2017 ATE zd ' I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the . Z — r foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked c�jr rescinded -and that the authority of the Attomey-in-Fact set forth therein, who executed the bond or undertaking to which this 3 ower of Attomey.is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this 2nd day of December 2014 (Seal) ' .T a 0 L 0 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. • 0 0 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE,MI 1DIYYYY) 12/OS/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be ondorsed. If SUBROGATION IS WAIVED, subject to - the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confor rights to the certificate holder In lieu of such endorsement(s). PRODUCER Ewing -Leavitt Insurance Agency 4025 St. Cloud Dr. Suite 100 Loveland, CO 80538 CONTACT NAME: Renee McReynolds acNgE=f:970.679.7344 acNa:866.425.6180 aooRess: renee-mcreynolds@leavitt.com INSURER(S)AFFORDING COVERAGE NAICO INSURERA: Cincinnati Insurance Co 10677 INSURED Zak Dirt, Inc. 14290 Hilltop Road Longmont, CO 80504 INSURERS: PTnnacol Assurance 41190 INSURERC: INSURER❑: INSURER E: NSURER F: COVERAGES CERTIFICATE NUMBER: 13-14 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPEOFINSURANCE INSR UHD POLICYNUMBER MNVDDIYYYY) (MMIDOI(YYY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE aOCCUR X Bl kt Addl Insureds CPPI08410 10/01/2013 10/0112014 EACH OCCURRENCE $ 1,000,OO PREMISES [Ea ocwrtenm) $ 500'00 MED EXP(" ono persah) $ 5,00 PERSONAL&ADV INJURY $ 1,000,00 X Blkt Waiver Subrog GENERALAGGREGATE S 2,000,00 GEN'L AGGREGATE UMITAPPLIES PER: POLICY X 'JE6 LOCI PRODUCTS -COMPIOP AGO $ 2,000,00 $ A AUTOMOBILE LIABILITY - X ANYAUTo ALLOANED SCHEDULED X H EDAUTOS X AMOS ED AUTOS X lkt, WDS I X Plkt AI CPPI08410 10/01/2013 10/01/2014 EMcba"IM LF'LIM$ 1,000,00 EMLY INJURY (Pet person) $ BODILY INJURY(Perevitlenl) $ Perecddenl S omp/Coll S 1000 de A X UMBRELLALIAS EXCESS LIAR X OCCUR CLAIMS -MADE CPP108410 10/01/2013 10/01/2014 EACH OCCURRENCE S 5,000,00 AGGREGATE $ 5,000,00 DEO I X I RETENTIONS S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECU11 YIN OFFICEFr(AtEMBER EXCLUDED? � (MandMoq In NH) If cs, desaltre user DESCRIPTION OF OPERATIONS Wav 84662 INCL BLANKET WAIVEf OF SUBROGATIO 10/01/2013 10/0112014 X TORY LIMITS ER E.L EACH ACCIDENT S 500,00 E.L DISEASE - EA EMPLOYE S 50D,06 EL m$FASE- POLICY LIMIT $ SOD, OO p ontractorsr Equipment I CPP108410 10/01/2013 10/01/2014 $500,000 limit Leased/Rented Equipment DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORDfef,Addlllonal Remarks Schedule, Ir mom spacab raqulred) e: Bryan Avenue Bridge Replacement, Project No BRO M455-092 he City of Fort Collins, Colo Dept of Transportation and Larimer County Canal No. 2 are named s additional insureds as respects work performed and as respects both general and auto liability. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Collins 215 N Mason St Fort Collins, CO 80522 ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD ri U 0 40 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE: 7568 Bryan Ave Bridge Replacement PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Zak Dirt Inc. CONTRACT DATE: November 25. 2013 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 OWNER REMARKS: M AUTHORIZED REPRESENTATIVE DATE • construction. No additional payment will be made for setting, adjusting or relocating barriers to facilitate construction phasing under this Lump Sum pay item. . K. Bid Item 630-70000 - Construction Zone Traffic Control. Traffic control management, inspections and flagging are NOT included in the Construction Zone Traffic Control lump sum bid item as written in the specifications. TCM, TCI and Flagging will be measured and paid separately by line items provided in the bid form. L. All removals of concrete and pavement on the slopes of the canal shall be included and paid for by the lump sum bid for removal of the existing bridge. No additional payment will be made for removal of concrete and ditch slope paving. Revisions to the Plans/Bid Tab: A. The City is beginning to transition from the use of PG 58-28 asphalt binder to PG 64-22 or the asphalt binder. The two asphalt line items have been adjusted to the following: • Hot Mix Asphalt (Grading S)(75)(PG 64-22) • Hot Mix Asphalt (Grading SG)(75)(PG 64-22) Quantities for the above have not changed. • B. A new line item has been added to the project under section 202-04000: • • Removal of Existing Bridge 1 LS This line item was inadvertently left out of the bid schedule. Project special specifications are provided. Ill. Revisions to the Project Contract Documents: A. The following has been added to Section 00520 AGREEMENT • Article 3.3.2(3) - A full road closure for demolition of the existing bridge structure and resetting of the new precast bridge structure is limited to no more than 21 Days. Liquidated Damages in the amount of $2,000 per day will be assessed beyond the 21 Days. The contractor is required to re -open the road to a single travel lane northbound into the park at least 12 feet wide no more than 21 days after full road closure and the single travel lane must remain in place until substantial completion is met at which time Bryan Avenue shall be re -opened to traffic in both directions. The 21 day time count will begin when the road is fully closed for removals and demolition. Addendum 1 - 7568 Bryan Ave Bridge Replacement Page 6 of 6 20 TO: Zak Dirt Inc. SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE Gentlemen: You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Zak Dirt Inc. for the City of Fort Collins project, 7568 Bryan Ave Bridge Replacement. 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 November 25, 2013. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: 20_ Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: • 0 40 • SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Zak Dirt Inc. (CONTRACTOR) PROJECT: 7568 Bryan Ave Bridge Replacement 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 th[s 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. 0 Signed this day of 20_ CONTRACTOR: ZAK DIRT INC. By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this by Witness my hand and official seal. Notary Public My Commission Expires: day of 20_, 0 0 . SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Zak Dirt Inc. PROJECT: 7568 Bryan Ave Bridge Replacement CONTRACT DATE: November 25, 2013 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) 0 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 0 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.110)(a)(XIX) `'J DO NOT WRITE IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - 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 your contract: $ Fax Number. ( ) Business telephone number: Colorado withholding tax account number: Copies,of contractor agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must tieattached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County lies) where project is located) Scheduled ' - Month Day Year - Estimated - - Month Day - Year construction start date: completion date: 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 • 0 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. 0 SECTION 00700 GENERAL CONDITIONS • 0 :GENERAU (ONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed ;by. using the STANDARD'GENERAL CONDITIONS OP THE CONSTRUCTION CONTRACT prepared 1)), the Enguteers Joint Contract Documents Coinmittcc, EJG1.�( No, 1910-8 (1990 Edition), as a 6asc Changes to tliat.doeument arc shown by underlining text that'hac been added and striking through text ihafhas been deleted. L EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 0 TABLEOF COrirEWS or cENERAL C014DIlIONS Article or: Paragraph Page :Article'or Paragraph -Page Numbcr'B Title Number NumberiTirle Number L D=- TIONS...:.............. ... 1 2: PRLIIly1IN ,ARY MATTERS,.....- .._ 17 Addenda 1 2:1 Delivery of Bonds,, ...3 L2" ......................... ........... Agreement,:: ..-.... .. .......... 22 CoPicsofDoctimchts . ............. 3, 1-:3 Application for:Payment......................4 2:3 Com in enc em ent of Con tract 1.4 Asbestos ...._ „..,_, l -fimcs, Notice to Procud."..::... ;.;3, I':5 Bid ......,,::I 2A Starting the 1Voik.'. •:r 3 1.6 ..... ...... Bidding Documents ":.-:_ .,.,;;...A 2:5-217 Before Shirting Construction_ 1:7" Bidding'Reyuirements...... ,,,J CONTRACTOR'sResponsibility Bonds":.:...... .... ....... .. I Prclii_n.r. to Rort;FS; nary Schosiries;' 1.9" - Change Order ........ `l Delivery of Certificates of , . 1:10 Contract Documents: ............. . _ 1- _,• Insurance ....., ......, .....14' 1.1l ContracfPrice„ ,. ,_ ,. ........ 2;S Preconstruction'Conferens 1.12 Contract Times .......... ........ .......1 2i9 Initially Acceptabic.Schedules........ ,..4 1,13. CONTRACTOR -;1 Ae)ective ....,, .l 3 CONTRACT DOCUMENTS:",'NTtNT; 1.15 i im6rigs..... ;;1 A%1RNDrNG, RFUSh 4 116 Effective Date oltlic Agreement ... 3 1.32 Intent„ ... .. . A1:17` ENGINEER„ I 3 3; ReferenV.ce to Standards and Specs=, 1;1$ ENGINEER'sConsult{ft ,,...,,,,.,'I Gcalions ofteclinicaiSociglies,' 1.19 Field Ordei,,: 1 Reporting and Resolving Dis- 120 Gencral Reguircmcnts z. crepancies , ,..., 4-5,' 121 lia zardotis Waste ... .3.4, IntentT1of Certain rms or 1 12.a ... .........:.-,.,,2 taws and Regulations, laws of , Adjectives ................................... Regulations . :........ .... . .......:2. 3:5: Amending Contract Docunteiits ..... 5` 7k22,b Legal Flolidays ........ 2. 3b Supplementing Contract- 1:23 Liens:..-:.....:.. Docaunents,.:...... 5, 1:24 . Milestone,.,,,, 2 -3:7. u...rv_ Reuse of Documents , .-... ....:5: 1.25 Notice of Award .._.,... ..._._._......_,,,,,.- 2 1:26 Noticc to Proceed , ... - 4. AVAII;ABI1 1 fY OF 1 ANDS; -. 1.. .... ., 1.27 OWNER,,...,. ............................. ::.I.... SUBSURFACE AND PHYSICAL CONDITIONS: _ C2S Partial'Ulilizalion ..........:..................- 2 REF E-RENCE POINTS ...... ............2 4''1 Availability of Lands ............ ..., 5.6" I:30 Pelrole6in.,:,. :.... t' .4 Subsurface and Physical 131 ligjcct _. 2- Conditions '6 1. 32.a R�dioactivc Iviatenal. ,:; ,::...:.2r 42.) Rep6W-. and Drawings;, 6 l `32:b Regular Workma Hour{_: .' 2.- •4.23 Limited Reliance by CONTRA.G 133, RrsidentProjectRepieszntstne .,.,;,;2. TOR AuihoriibB;Technical 134. Samples• ..... :... .....:.. ...:......... Data ::.. ....... ....::6- 1.35, ....... Shop Drawings ...... „ ......... 2 4;2:3 Notice -of Differing, Subsurface 1.36. ; Specifications:.:........ ........:::.2 •... or_Physical CbrditronS...... :........... 5 137 Subcontractor..::............:.........:..........2 . 4:2A ENGTNFER'sRcvicu: .....0 138 Suhstantial:Compleuon;, „.2; 4:2.5 Possible Contracthocuments 139 Supplementary Condiiions 2 Chang „", _.-. „-, ,;6' IAO: Supplier;,,.,;,; ;,,;;: ..::,;.,;2 -4.2.6 Possible Price -arid Times_ 1.41 Underground Facilities, 2'3 Adjustments ... .,-- G-7- 1 43' Unit Price Work .....:...:.:.. 3 4.3, Physical Condtibhs Uhdcrgrou'nd ii43' Wok Facilihcs ........ .. .....7 1.44 ...............................................:} Work,Chango Dire'ctivc,_ 3 4.3.1 .•• Shoivn Indicated7 or 1_45. writ tgn Amendment,.,..,; 3 4.3.2 Not Shown or Indicates{ ,,.,,,:, ,-,,,,,7 4.4 Reference Points=...... 1 ij' L1C[x,C@NhItAIICOhDITIONS 1910�3(1990 EDITION). .w/ CITY -,OF FORT GOLLINS MODIFICATIONS (REVS/0) 0 0 0 0 0 Article or paragraph:Page Article oiNr.agnph Page Number & Title Number Number & Title Number 4.5 Asbestos; PC13s;Petrolcurfi, laltiza,rdous, VWste, or R4dioa'otiv$'MatcriaI;..., ..,378 5. BONDS AND INSURANCE:,_%, ..... ;,:.. �: ....... ; ...... 9 2 Performance, Payment and Other Bonds ,5:3 Licensed Sureties and Insurers; cerifficates ofinsurance ............. : ...... 8 5A -CONTRACTOR'sLiability Insurance .......... ... ....................... 5,5 7.-� :1 OWNER!a LiabilityIns4itfice ... . ...... .. 5.6 Property Insurance, ........................ 9_10 5.7 Boiler and Machinery or,Addi- t i6nal Property -Insurance,". .]0 5.8 N6tice of Cancellation Priiiision Id 5:9 CONTRAC TOR's Responsibility " for Deductible Amounts .... ............... 101 :5. 10 : Other Special Instwamce....,.., ............ J.0 ' 5.1 I Alaivcr of Rights. ...... -III '5 12-5.13 Receipt and ApplicMi6n of insurance I�occcds.! 10-11 5.14 Accept I a I hoc o . f Bonds and Iru;M". ance; Option to Replace,-.. ;.l -11 :5.15 Partial Utilization --Property Insurance' 6. CONTRACTOR'S,RESPONSIBILMES ..... 11 6A 6:2 Supervision and Superihtcridenco; ' ' _0 6�3-6.5, Lbor.Miif a crials,and Equipmenit ....... fi-12 .6.61 Progress Schedule ............ .......... ....... 12 .6.3 Substitutes and 'Or -Equal' Items, CONTRACTORS Expense; Substiiutc.constr'uction Methods or Procedures, k6iN'.6h R'iEvaivation 12-13 6.8-6.11 Concerning Subcontractors, tibC- on IT . a - ct ' ors ' Syppliers and Others; Waiver of Riglits . .............. . 13-14 6h �Patcnt Fees and Royalties`,,,,, „_..14 6.13 Permits 14 6.14 L'aws-andkeiwations 14 6:15 Taxes........ .................. 14-1 6.16 Use of Pr=_ Ise's .......... ........ 15 617 Site -Cleanliness,.. .............. �15 618 Safe-S'tructuiral Loading.: ....... ; ... ;. . I 6.19 Record Documents, ... ....... I 15 161,26 t Protce Safety and tiori 6 6.21 Safety Representative ..... _ ................... 16 6.22 Hazard Communication Programs ...... 16 .6:23 Emergencies...,,., .. . ............... 1,6 6.24 Shop Drawings and Sample* ..... ........ 16 if 61.-25 Subrnittal?rc,6.eedureg: CON Submittal.............. ............ ........ 16 6.26 Shop Drdwin_g &Sam ple'Subm it', ttils'keviciv by ENGINEER,,._ 6:27 Respon ii�bifity� for Va" s riations Fr orn'Contract 6,28 Related Work- Performed Prior Submittals ...... .17 629 Continuing the Work � . ................. j7 6.30 CoNTl RA CTO R! a General al Warranty,and Guarantee .... ...... :17 i5.31-6.33 Indemnification 17-18 6.34. Survival of Ob1ig'atirns.,._.f ... ....... IS 7. ':OTHER ...... ; ................................... .......... 1 J8 . 1. 7:1-7.3 Related Work at,Site is 7.4 ... ....... .......... Coordination 18 S. OWNFR'S,RFSPONSFBIITES,... .......... is 8.1 6mmunications toCONE TRACTOR 1 8 S. Replacement of ENGINEER;_._,-,,.� .... :18 12 ,13�3 Furnish7Data,andPay Promptly When Due : ;: : 18 . SA Lands and Easements; Reports and Tests 18_19 8:5 Insurance.... . 19, 8.6 Change Or&rk .... ...................J9 :8.7 Inspections. Tests and' L ' " ' Approvals ...................................19 S's Stop or Susp6nd.WiSrk; Services ............... :..:: ........... ... :J9 8.9 Limitations on OWNER!S. kesporsibilitieg ........... .... 419 SA-0, Asbestos, PCBs, Petroleum, Hazardous Was-te or Radioactive Material-,,,., 19 8.11 Evidence or-Fiinan-c-LI Arranjerr6erits ................ 19 9. ENGINEER'S STATUS DURING CONSTRUCTION......... 19 V. I .......... ................. esen tit ive . ..... MkMR's Repi "' ...... _.: 19 9.2 Visits t - o.site..... ..........................1J9 9.3 ProjectRe'presentativ,e ................. 19-2I 9A Clarifications and Inierpre-' tat ion s ............. ............ 21 9.5 Authorized variations in*V,6_rk_.....�.,21 LJCDC GENULILL C&DMONS'1910 -8 (1 1 99 1 0 LDMOM IV/ CITY Of FORT COLLIM MODIFTCATTONS(V 9l99) 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 -Al - 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 0 r 1 U Aniele.or paragraph Page Article'or paragraph Page • Number & Title .Number Number & Title Number 9.0 RejeclingDefecfive Work,,,,,,,,,,,,,,,,,: 21 9.7-9.9 Shop Drawings, Change Orders and Payments., ...... .; ...... :;:.:21 9.10 Determinatims for Unit Prices....., 21-22 9:11-9.12 Declsions'on Disputes; FNGI- NEER_es Initial lnterprete( �c 9.13 Limitations onENGINEERs Authority and Responsibilnteg;,22723 CHANGES IN THE WORK...:.....:.....:.:......:...:...::,:.:..23 16.1 OWNhR's Ordered Change,.,.......... 3 14. 10.2 Claim for Adjustment,,.... ....23 103 Work Not Reyuv_ ed by Contract Documents.. ...,.-..-. ...--;:,23 10.4 Change .Orders 23 10.5 Notification of Surety ._ 23 CHANGE OF cbN*TPACI' PRICE ............................23 I1.1-11.3 Contract Price; Claim for Adjustment; Value of the Work ................... :.:.: 23-24 11.4 Cost oftheWork ......._ ...24-25 11.5 Exclusions to Cost of the Wort, ........ ,, 25 11.6 CONTRACTOR s Fee;,.... , „ , ... 25 11.7 Cost Records ................................. 25�26 11.8 Cash Allowances:..::.- .::.......:,;;;, 1 C9 Unit Piice Work................................26 CHANGE OF CONTRACT TIMES ......., ..........2 6 12.E Claim for Adjustment :..... .... . ...26. 12.2 Time'gftheEssence,:................ ,,.16 12.3 Delays Beyond CONTRACTOR's Control ......................: ............... 12.4 Delays Beyond OWNER'S and CONTRACTOR's Control ,,,,,,,,,,;27 TESTS AND. INSPECTIONS; CORRECTION, REMOVAL OR•ACCEPTANCE OF DEFEC771IE WORK.:............_...............................77 13.1 Notice of bdixits . ......... ...........27 13.2 Accessto & Work, ........................... 27 13.3 Tcsts.and Inspections; ' CONTRACTOR's Cooperation .......... 27 13.4 OWNER's Responsibilities; Independent Testing Laboratory,,,,., 27 13.5 CONTRACTOR's Responsibilities ,.......... ...... ,......... 27 13:6.13.7 Covering Work Prior to Inspcc- tion, Testing or Approval 13.8-13.9-Uncovering Work atENGI- NEER'sRequest ,; .............. .... 27-2d 13.10 OWNER May Stop the Work ..... ... ::28' 13.11 Correction or Removal of Mfecnve Work,.. 13.12 Correction Period... 28 13.13 Acceptance bfDefechte Wyk„. �.i 13.14- OWNI R May CorrechDefechbe' Work .................... _............... 28-29 PAYMENTS -To CONTRACT( AND COMPLETION .....:.......:...::.....- 29 14.1 Schedule of Values .... ................. 29 14:2 Application for Progress ,Payment..._ ....... ..._ ........29 14.3 'f CONTRACOR's,Warrantyof' Title.....:..::..:....::......:....... :........ ':29. 14A-14.7 Review ofApphcations'for Progress Payments ...... ... :.29-30 14 8-14.9 Substantial Completion .................. 30 14;10' PartialUtdization.:: _. 30-31. 14,11 Final Inspection,, ,;, ...............31 14.12' Final Application for Payment, „ ,,,,,31 14.13-14.14 FinalkaymenIand'Acceptance ,._.,31: 14.15 Waiver of Claims .............. 31-32 15. SUSPENSION OF WORK AND TE RMINAT ION: :...................:::......:................ 32 15.1 OWNER May.Suspend Work .......... 32 15.2-15.4 OWNFR May Terminate ............... 32 15.5 CONTRACTOR May Stop, Work or Terminate 32-33 16. 'DISPUTE RESOLUTION _ ------ ------.---------33 17. MISCFL[:ANEOUS,.,-:.,-.-.: ....33 17.1 ,Giving Nonce .., 33 17.2 Computation, cif Times- 33 17:3 Notice of Claim ......:........:..... 33. 17.4 Cumulative Rcmcdics .......... :......... 33 17.5 Professional Fees and Court Costs,lncluded_,.; 33; 17.6 Applicable State Laws ,,,......., 3344 Intentionally left blank -- ,;...... ...... :...... 35. EXHIBIT GC -A: (Optional) Dispute Resolution Agreement ... .. ........ GC -Al 16.1-Y6.6 Arbitration ......... GC -Al 16.7 Mediation .......... ;,, ,_:,GC=A1 E1CDC GENERAL CONDITIONS 1910 t8 (1990 EDITION) w/ CITY,OF FORT COLUNS MODIFICATIONS (RF,V.9/99) • 0 0 0 INDEX TO 'GFNEW;CONDJT1' ONS 6 ti ICityof F nt. Collins modifications to the GcneralC6fiditionrsof the iConstruc, onpontraanie. not sh6wil in this indlex Aiticle or Parpgraph Nu her lccepirmce of-: Bonds and Insurrineq, ............ 5.14 d4eocfive Work,,.: ................... ..... 10A. 1 ;, 115;.13.113 'Final payment 11. � . ....................... 5?. 12. 14.15 .; insurance ........ ........................................... .... 5:14 '6ther,'i AIA, 7 1'3, 'Substitutes and" " 6, r-equid.-items ...................... �.7:1 r ,Z5� I � ,6:30,6.34 responsl6ditics 41 ........ ............................... ...... ... J.2 'Acts or (5miisi6m--, Acts ,and Omissions �_ 'CONTRA OR� ........................ .....6., 937 M3 ENGINEER ................. � �6 :3 ......... ,:. , OVASTER .................... 1 �,1.9,1, ...... '6.20,1.9 1 LIO.: , 6.19). 1.1 Additional Property, Jnsurance* .... : ............... ........ XdjOrrients- Cont bt Phee or Contract. ............ :Progress iehedu'lq_'... ... .............. ;§.6 ;rccmcnt . . dcri,nition.6t ............................................... I .2 Irkisk'1_-n_s'&-a'h*cc; policy farm ................... . . �-.�.�'6.2 ibwan6es; Cash.....:..... : ....... .......... _ ......... . ...... �. 1,1': n,ndi,g'Cc,:i,qct:D6cument� I. .......... Is 3.5 nen;1ment, Written; - 'in ,gcncTaI...._, LI 0, 5:10, 512 662 ........ G;8-2,'O, M 10. 1, 10 4,11.2 M; 12. 1,; 13.111,14.7.2 Pea I; • owNr- R46rC014TRACTOR intent to ........... 104, 16.2, 16.5 1plicatioit for ;Paymint definition................ ........... z ........ ...... 1.3 ................... 14. 1 -'14.7 . review of .......... I14.4-14r7 Arbitrati on Asbestos— ci s puitiuifit thereto - - - claim .......... p 6.k c6lTkAd6R ruthurizedto'stoWork, .2 ................ AA v Article or paragraph Number. ,Mailtibility-ol"Ldrids Award Notice ......... ..... ... _'�2�5 Befog Starting C "onstruction ...... I. 572, id-, drfini�tioh-.Cf ..... ...... _ ............ L l'o 2313 3 It �� ..................... 111.9;1.,)' Bidding Docdmeiifs-defiriiiidn .A3,] 'Of ........................................ -Fi ....... (6.8.2) ,BiddingRequire"' "' ' mrnts;,mdc mitim :of . ....... .. ............... . acccpIanee,of. ... ........ ........ additional bond I'M. 11.4.5.9 .......... -dost of -the Worn, ....... ............ 11.5.4 idefinition- f ..... .1;8 MiVery........... .............. ................. 51 ,final ;kpplication for Payment' 414 general ........... ........ . ................ L 10, 5. 1-53. 5.13, 7. - � . - Z - - -aymenE anu ymer ........ - �;,. I I I acc=m general.-.., .......... . ... risk" policyf6rh.� ... isions, Insurance .' 5.4.1 .......... ,untial Ccmpl�tiorj t _:L3 arigJ4 ' in ,Contra 6t Pr ice - - 0qsh Allowances I � - - 1 111 I ,tIt" -I ...... ....... cNim,f6r price : ....................... acljustm.ent.� ....... It '4 C 45,,5.15, 6.8.29.4. 9 .5911,1 1 0 5 1 L2 .2, 13.9. ...... .13.131,13.14, 14.7. 15:1, 15:5 CONTRACTOR 't;'fee :..'..� ...... ...... : j 1.6 -qost of the Work : ,general .......................... ..... 11.4-11.7 'Exc I usions,tot,; .... ....... 1-5' 'Cost Records j 1:7 in general,,,,,; 2I. -1 Sit-] .4-4'-, 9'11, -1 0ItIA! 3. 11 Lump Sum Pricing ............................ ............. 11'12 t, Nouficatio-n,:ofSU'?ct,y ................... I ................ I 0 , 3 IS6Dpe of,... ... .......................... 10310.4 Testing andInspecnon,; Uncovering - -, '' , , , LJCDC GENERAL CONDITIONS 1910-8 (1990 EDMON) wi dTIiIOF.FORT COLLINS Mbwr6bo\9'(RtV 9j99) I •Unit Price Work..._„ ............... ..:..-'11:9 :CONTR ACTOWs-Fec_ ............. .................. ----- 11:6 Article or Paragraph Article or paragraph Number Ndm*r lue,of Rroik ..... 13 CONTRACTOR's liability '1� ....... ....5;4,6. 12, 6.16, 6,,3,1 Jh'Contract Tnucs= Cost of the Work ...... .................... 11.4, IIS um for times Aiu16....... M - 51' 6ec`isioh`s 6n.Dispatcq',-.., .................. ........91 1,, 0.1 6.8.2, 9.49.59.11,1 6.2, 1 12. 1, Dispyte Rekqlp!tc!q .... ...... ......... J,6.1 .... k3.91 13:13; 11,14, i��7: 15-1, 15-5 ble Rle A IDisp' '_ solutio I n gregimen(,;;,, ....... J 16: 1 - 1'6.6 time limits.... 112 ENGINE2.11 nterpr6tot,.'.4ntract6al .... GT..O...s lay't�d CONTRACTORS ey ompSER-asnitial um Pricing ................ ........ ................ j 1.3.2� control..::: ....... ...... ... ....... Nofic'c' 6f, ............... I ... ..... .. ........ lays beyond OWNFR'sand OWNF, .... 9:4 95 S: I . 1.1.2, 11.9 CO3TRACT0Rs66htf61. .......12.4 . ... .......... ..2.1, 1319,13:13,131417.3 y ... I ...... ...... ........ ......j ... Pe g55 ..... 0ypayment' .4:7 Orders-= Professional Fees and Court Costs c; c-p-L-a D?fe ch %;e riWo i&k .................... ----- 1313 lrichtded' .... 17.5 in gntract Docunicnt��,; tend g'C ....... ):� ....... request for formal decision on.;,,,,- . . ......... sh-All p.whrices Subs'Xituteltems .... .. ... -6-7.1:2, iiii1je o . f III I Time Ex"ten'si6n ................. " 1. 2.. 1, arige;of Contract Tim -es..: ......... ...... ....... 12, Time requirements;.,,, .......... 9:11, 121 ai�gis in the Wor� -10 ........ Unit Price Work ....... ; 11.9.31, )YrkA&-Ms tee ................................... . 11.6. Value of' ....................... .. .................................. 1. 1 *. 3' vto the Wark . ..... 1,4.11,7 Waiv6r,6f---6i1 Final 14.15 st Records. ............. ............. ..................... fi.7 Work Change Pirective .. ........... ....... ...... 10.2 h K ............................ ... ... ............. ;,1:9 Written n6tici..rOUiri4 .......... : ...... 9, 11 1 ergenttes,........ I ............................ 6.23 plarifiestibris;and Interpretations.: ...........3'63,9.4, 9.11, 1G1NE-ER!iiipodiibiIiiy,.,, .... 9.8. IQA, M2. 12.1 Clean ,Site , ............ ...... .cution of .... ........... ................ :1 0.4 :Codes of technical Society Organization lemnifictioil ........................ :6,12,116 6j.:)-;6.33 , or,Association.., ..I.. ..., ......, ...,.... 3-3 Bonds and. ...". ,,..,... .. Commencemch!cfContraCt,TIMCS..............- .......2.3 ....�. ayterminate........ ................ 15215A Communications-- MERs lisounsibili. .-......... ........ ;_$6? 1,0.4 general ...................'.... ;-626.9:2,8..1 ypcal Conditicrs- linzard Communication Irogrwas ......... ...... ;,.6.22 Subsurface and, .... ........................... .......... ;.4.2 `Completion-. Underground Faciliti'cs,.� ........................... 4S2 Final Application foi,N��raeit,,... .....14.12 �vld ents ................ .. ........................ .5. 19 Fma. nspcction., .......... .......... .............. ...... 14.11 dp.e,of Chan ..................... ........ 163-fll).4 4]7ihil Pa)rment and Acceptance ... ...... 14.13-14:,I94 .ge fi7.3. 6:8.2' ... ...... ....... 14. 10, lit_P�ice 'WO'rk* .............. ............... . ........... ............ 109 Substantial 11 .... I.. I. ... I � --- .., I ig - 14:81 14.9 . uc of Worki.covere by .................... I Waiver of Claims ........... 72... ..... . 14_15� .......... �s in &-Woii; ... ; ............... .. � o .... ... -computation of tmes .... ; ....... ;_�_217.J.1- - 11 1. " � _, 17:1-2 )-, - " - r I tification o surety_ 1 �. Cancerning Subcontractors, Supp, ters VINERs and CONTR.AC T DRs and Others .......................... ...... ........ responsibilities,.;...-:,................... ......... 10.4 Con renc.es, ght -to an adjustmen't ....... . * . ....... ......... ........ I . ... ....... * 10-2- ..... initially, schedules;,-,,,. . ..... :2-9 ope.ofc6iige ............. ............... ..... preconsiruction, .............................. ...... 2.8 'Conflict Errorbiguiiybjscfeipanjcy a!*_nst'cbiqfRAd,cjk 16 CONTRACTOR to Report.. ......... 313. ................ itiristENGINEER .....,_ ......... .......... �fi ...... ....... '8.32 Coristruction, before startin" _ .9''by ainst OWNER .................... ............ : -32 '§ - CONTRACTOR .......................... ....... 2:5-2.7 range _6f,ContrHct,Prjce_, .......... ............ 1.9.4, 11 �'2. Construction-Ma-chinery, Equipinien"t;-ef-c',., ...... 6.4 range ofCcrated Times ......................... 9A, 12; 1 ,9;4, iinui� .... : .......................... ,Continuing the Work .... 11 "1.. .. 629, 10A RACTM 9.5,,911J0.Z-, 'Contractboc�urnents-, ................. I.,.;;l LZ 11,9, 12.1. 13.9,14 8, -_ "' - , Amend- ....... . Am.ending ... ;.. .. t .............. I 5.L 15:5.17.3 Bonds . .............. ........... ......... ...... 5.1 LJCDC GUNERALCOM)ITIONS 191018 (1990 LI)MON) .wiciTY,,'o#Fokt.Coi.trNsMoDiFi6Tioi4SW.v§f99) E • • 0 Cash -Allowances „ - .,178 Stop Work requiremcnts .,. ,,;4'-5:2 CONTRA_CTOR's . Article or Paragraph Numiie`r Article or Paragraph aprioe . -. 11 t Yimec_,, 12 ork 104105 2:5 3 2, 3 6 9.4,j9 1,1 R as 11 OWNER'srepresent ative ynient _.....3, 14.4, ................... .. 3.1 Societies _. ... rccwcui Supplemennng... . - 36 Tenpmation of•) NGINEGR's Employment .8 2 Unit Price Work............................. 11.9 variagons ........ ...,,,,3•6 623,6D Visits to Sitc,'ENGINHhR's;; ..92 dractPrice— adjustment of..._. 3:6, 4 I, 9.4, 10.3, 11.2:LL3 I)eciston on Disputes...... definition of ................................................. l tract Times- adjustment of:.-., 3 5,r1,.94 10 3 12 Change of :..,:...... :.. ,: ......32 1 .12.4 Commencement.of definition of...,y.•, l 12 �?"IRACTOR= Accyptapec of Insurance, 5,14 comin unications Continue Work:.,: ; 6 aQ,10.4 coordination and scheduling, ....... ..........to. 9:J definition of :.:..... ......... ........:....1 13 Limited Reliance o' h Technical l5ata-Authoriied A2.2 May Stop work or Termuiate, .. ,.......15 5 ,provide site access to others„ „ 7,2, 13:2 Safety and Protection, ...,,-,-„ 4 313 6:16, 6:18, 6 21-6.23, 7.2,,132 Shop Drawing and Samplc°Review Prtor•to Sub ti rtL41 ..............................:. :... G 25 Number ition ,,,, ;2_ g Obligation' . 14`1 Work 9 6 13 10-13:14 rrectdefecln�eWork ;es in the Work caused by, ncrgcncy .:,:., .. 6:23- s in Work of:Others 7;3 :......... ..................... :.......... I .... 11,4i5 6111_:5 an >. ,stion-Programs,,,, - G.12 6 1 G 6.: work:....................:......... 7, nd E,qutpmcnt ... 1 ...,... .:.. Not;..�.. tce of Intent to Appeat : 9 1Q 10.4 obligation to: perform and complete, the-tVork.. . ..... .......: ....... _ Patent Fecs and Royalties, paid for•b} Ycrformancc'and Other'londs 5.1 Perm its, obtained and paid Cor bX...... ......:¢.13 Progress Schedule ,;, ,,; , ,;? 6 �.5, 2..9, 6.6, ...:, .....: .......629, 40.4,452a Request for formal decisionon disputes ......; 9.11 Responsibilities -- Changes in the Work- ........., , 101 Concerning Subcontractors, Suppliers' and Others Continuing the Woik ; ,,,, 4.29,.10.4, CONTRACTOR s ezpcnsc ...... •; ...¢3A ...._ .. ....... ..c..,...,.. CONTRACTOR s rc4iew pnor to Shop Driawing or Semple submitlel- 6i25 Ct dinairon of lt/ork 6.9 2 Emcigenctcs ......... ...m....A23 ENGINUR!6 evahiation Substitutes or "Or hqual"Items 6,7:3' For Acts;and'Ontimions of Others ¢91 692 9:13 Cor deductible am ouits,rnsurance...................... .5.9 general..., G 7 2 7 3. 8i9 IIaurdous Communication Programs G 22 _. . Indemnification ...... G 31=¢:33 EJCDC GENERAL CGNDITION51910, 8 (1990 EDftfOitQ wt C[TY�OF;FORT COLLIM MODIkdC 10N'S"(RFV.9199) • Cabot; Materials and Fquipment,.. ;6 3-6 5 -CONTRACTORS :other ... : Z laws and Regulations. - ..;;,;, :.,6.14 contractual -liability Insurance ......... . . ..... ...4.10 Liability Insurance;,_„ 5A' . ,. .,, ..,, ` Contractual'Time Limits. I ;2' Article or Paragraph Article or,Paragraph 1Smber Number Notice'ofvariation from'Contract Coordimition-, Documents ...... „.....,. 6.27 CONCRACTORs,responsibility;,,,,,,;,,,,,,, 6.9.2 Pat'&it ees:and Royalties ....... ..,......612 topies,orb6cuments:;;,,.,, - .�:.:................ .....?;2, Permits ::.:... .... :. ,....... ..,.;,;.; 4.13 `Correction Period.- ...... ..,.:: - .. - ,,;,::13.12: - Progress Schedule , ._. G:6 Correction, Removal of Acceptance ....... ReeordDocuments,_., _;., - „'619 of,Defaetive`Work;, related Work performed prior to in general_ ...................................104 1 19 10 I3.14- ENGINLERs pprwel of required Acceplaance 6CUe(ecliie 1Vork„.... ........13.13 submittals .0.28 Correction or Removal of safe structursl loading ,,.;6.18 Defeelne Worl ;,,, 6}30, 13.11; Safety and Protection, _ ,.-... 6,29 7.2,13? Correction Period ... ....................... 13.11 Safct Rc'rescntativc. Y P 621 OWNlilt'Wa,toacciD'eecnve:Work ............,1314 Schcauli g the Work; ,,,;,,, ,,, ,.,6.92 OR'NER May"S Work . ,;,;,,;,., 13.10; -Shop Drawings and Samples ................ ot=;••..,•e Sample f Tests nInscliy ,..„13,4,sRevvShop•Draumgsand _.. byEIGINEER................. Site Cleanliness :;_.. :.::: ..:C6.17, 'Cost of the Work-- .Submittal }'rocedures,,,,,,,,,,,,,,,,„ - ,,, ..,:§.25 "i3onds and insurance, additional:, ........,11.4.5.9; ... Substitute Construction Methods Cash Discounts ;,;;; 11,4.2 and Procedures ::.......:...:........ 6.7.2 COMMAcToWs Fee... ., ;. ............ Substitutes and "Or-Equsl° Remy: 6.7;1 inployee Expenses;;,,, „ ; ;,,;1.1.4.5.1 Sup erinlendence...... .....: .:. ......:..6.2 Exclusions to ....... ............ ..:,......j 1.5 Supervision ...: .4:1 deneralll 711.5 Survival -of Obligations :.... ................ .....6.34 office.and overhead ex ense; P . 11.5 Taxes ........................................................... 15 ,Home Losses and damages:, 11 4 5.6 Teats and lnspections 13 5 Materislsland �quipnicnt .. ,. , 11.4.2: • To Report ........................,........ ...,.....7i5 _ 6norexpenses... ......-...,.,, ......... :11.4.5.8, Use of Premises 6.16 6'18,6.30.2:4 ..... - Payroll costs on cfianges ttew.Priorto Shop Drawing or performed by Subcontractors ...; ...,.;,..11.4.31 Sample Submittal,,,.,: .....,.; 6.25 Recordsl l 7' ght to adjustment for changes m the Work Rent I� equipment '90' ;lit to claim 4 '7 1 9 4 9 5, 9 11 lU �'11 2, mnstruYCtion and machn-cr 11 4 q; 3, 119 111 139 14.8.151 15.5:17:3 Rc It ents,permit-and ifety and Protection.,:, .... -620-6 _2, 7.2, 13,_ ..,,, license' fees .,..... ` detyRepreseritahve b.21 Site ollice and to riporiry facilities 1 14 5.?, top Drawings and Samples Submittals ,,, 6 24.6:28 Spccrnl Consultants„CONTRACTOR s ....:, .11 4.4 xcial Consultants..,,, 11.4.4 Suppl mental ..... ;. rbstituter.Constructign Methods and Proccdpres_6,,7 I axes related to the work, .,.,....a 14.5A rbstitutes and 'Or=Equal' Items;. Tests and Inspcction...................... 1.1.3.4 Expense. - ;,. 6 7 1 6.T2.- 1 rade Discounts ,,. .. 11.4.2. ibcontractors, Suppliers and Other; 6 8. 6 I 1 Utilities,, fuel and sanitary facil tizg . t 1 A.,53 ipervision and Superuitendcnce ,,., 6.1, 6:2; 621 Workatt r regular flours ,,,,. ............. 11.4:1+ axes,:Payment.by........:........ ...615 !Coveruiglkork ... ..... .....:136-13;7 so of Premises ..................... ................... 6:16.6:18 46"umulative:Remedics,....................... .,... 17.4-17.5 ratranties:and guarantees ,,,,, ;,, ,,,,,,,„6 5 .6.30, Cutting, feting and patching :,, ;:, 7.2 iarranty of Title ., 14.3 Data to t e furnished b} O1VNf R 83 nllzn Notice,Rzquirba- Day deGi ition of 17 a2 CONTRACTOR stop Work or to inmate ;,,,:15.5 Dzclstons on Disput 9 11 912. Reports;of Diflering:Subsur'face decti+r--defimuono .. .. . ...1 14 and Physical Conditions - - 4 ar3 .dejecI_ clork _..... .: Substantial Completion ....... ._... ....14:8 Acceptance oC •,,,,, ... rioAi, 13.13 0 0 9 ,'C6 � ion or Remaval of I I rre6t ,C6ricctiw: -,Pc i d -�t in general ............................. --,-l3,-,l4.7..l4.l1 Article,or ParHgraph 'i4umbd, Q,borvati6h-by ENGTNEER': .... . : .............. ... 9,2 ONV Niik lvlaistop Work �,. - ...... I."" .13).01 Rejecting,-- ...; � ... � .. 4 : ............ ............. ............ 9.6 - IJ,nIc*o�vc,rIng,the vlorl ......... 13.8 nition§ ........ .............. ... : ......... I I ryn ......... I ................. �,.AL 6;39 12;3'12..4 very ifi3onds ..........I....... ix r6r Unitprkt� - 4.2.j INt . ......... * ......... * ........ DocuftientAs, Chhhgq, ......... Tialesomjustffient . s-. +16 ng .... :� ... --- :...: --- :2.5,3J.2, 6.14.2 .............. ....... ...... I ......... ........ J6:1 ............. .................................. 3.7 ;flnitio'n-oE - . - -1.15 ............. .................................... .................... 4- I ofAgicernenti, - definition QE ..... -J. I . 6 6.23 interpreter &ridisputc§�.,.,., ... j ... , I I =9:12 n of 1.17 )ns ol.puthorl'ty,--and 'r'c,s"po6si6iiiiic.%;-.'..,:9,,13 8:2 a,cro lzcpicseiita tiv c� ..... '4 ...... I ....... 9 .3 i Consultant -dcfinili6n of and Interpwaition.s n Diiouti.s ...... .... : ......... lork; notice of,, ............ .........•.. or subsiituta, Item .............................. has Acceptable,.... esentative I . 9.1 bwNPws'kcp'r . ..... ........................ payinefitS to -the CONTRACTNi, Responsibility for: ................... ......... �9.9: 14 Re6cimmciftdatuin of Pa' -'.14 I , I I ym ., :-.41..:.A; ! 4; 13 Afticle'& Niagraph Nunitier rcvtew ... -A.26: ......... is irf tfie Work ;9:5 qt,ti qrpretaonS_ ........... �................. � p 10 .r', il lntcrts c r 9. 11 9.12 ,9.1.412 and Responsibilities ................. 113 OVV'I,M,Ws Reprcscntative��� ...... :, ... �9:1 ........... z, .. Rcjectin g ....... ............ ...... Shop Drawings; CMhge Orders a4'P yni a .7.9:91 r. Visits to Site ..:_, !.! 9.2 ii.Pricc, determ, inations tions� ............................. �e9 10. 0- , . , ., . --l. ;Its to"Site. ..................... ........ ......... ......... itten consent i'6y .... �7:2, .1 vent, aboir, Materialsa4 0.3-6:5 Went rental, Cost'oftJw,W6rk ........... I IAS.'3 . ilent Miterials and Equipment .... 4 ........ ...... .......... r¢.33- ice of Pinsncial'krqngirnehis ,a q ........ ,tions 414iysical condition; ONTTRACTOR`s-.-Cosis Plis.: ...... ...... 1.6- initign of.,_ .. .................. : .......... ........ ....... A.19. Jed by ENGINEER-.,.:, ... 161, 9.5 aPpiicaiicwfc, Aay�mer?-, ...... 4: 12 - r 6"' nsp cho n ... .... 4------- ................... 4';fi )ayiuent= l,Acccptzncc� ....... .............. 14; i 3-14� 1 -4 or Io. it Provisions........ 17.3 -17;4 9- 5 detliilllon"of.:. ....... ..................... )426 I 1. 12 principal references' ...... 6,,6.4, "6.24 6J,4.4 'Giving Noti`cc ..................... ............. 17.1 11 -91,12 'Givarafitc� 6t XVA'w�bj'CONTR ACTOR' 3 t 0, a 14: 1 1 2 131 HFizard,Conimmicsition ir 12,9.12 definition f.......... ..................... ...................... 1-21 ellerli .....................;.... ......... iN11 . .1514:13 ............. 4 --- .,y..... OI srCSPRiitf6r . LJCDC GENTRAL CONDITIONS 1910-8 (1990 EDMOND * CITY &TORTCOLLINS MODIF16`IiO\-�(MV9199) • Indemnification,,,, , , ,,,,,,,, 6:12 6 16, 6131-633 Ansurance , ., ,_, 5.3 .... ..._ Initially Acocptable Schedules : . .................. ..2,9 1'rcccdcncc ..,.,,,., _ ,_.; .,,.: ,. ,..:.,3 1 3:3:3 Inspection-- Reference to ........... 'Cerli[icatesgf; ,,,.,::,;, ..,,,,,.(Q134 13:5,;14,12.. Safe) andProteclion, 6?0.,13.2 Final ,,,,,,, „.,,,. :_._. 14.11 Subconiraciors,SuppliersarilOthers 68-6.1I: Article or Paragraph Article or Paragraph Ntil iher Number Special, required byLN4GINEER ...... „_. •,;, , ;;9:6; Tests'and Inspections, ,; 13:5. TestsandApproval. ,.::::-.:....,... $.7,13.3-13:4 Use ofPremrses ........ -.....:....6;16,, •Insurance= Visitsao Site ............ ......... _...................9.2 Acccptancc.of, hy2�\VNER . ............. _..'S14 Y .:.... __.: ,...... ... .. ....._., LiaMlrt 1nsur _ --. Additional, requiiredby changes ... _ nice--. CONTRAGLORs:,,, 5:4 m'tlie Work ...::........... :.. :. ...:....11.4.5.9, 'OWNERV ... ... 5:5, Before starting the Work,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,, ? 7 Licensed _Sureties and Insurers„ ...... ............. ? 3' 'Bonds and- qi general,;,, 5. Liens;- Cancellation Provisions S S Application for Progress Payment; 14.2, Ccrttticafcs of. . _....... 27, 5, 5.3, 5.4.11, >,4.13,: CONTRACT OR's Warranty. of'fitic . ...... 14:3 ,,;,, 5C 5 5s, 5,14 9.13.4;'14.12_ Final Application for Payn�nt;,;;,, 14 1? ..completed operations. „.. ,, A*'13 definition of „ „ ...... I...... 1.23. CONTRACTOR's;Liabilty „:,,,5.4, Waiver ofClalms :;,,,,,, 'CONTRACTOR's objection to coverage ;5.14 Limitations on L•NGINERR's authority and Contractual Liability,,..:... 5;4:10 responsibilities ......: ...... deductible amounts, CONTRACI'OR's. 1:imitcdRcliancc.by CO1 l'RACI'OR resporisibility :....:....:....::.... .... :..:59 Authorized ........ A.2:7 Final Application for; Payment, ,.,,,,14.12 m Matenanceand Operating Manuals- - - ........ License'JInsurers ... 5.3 Tinal Application for Payment ........... ........... .:.14.12 ,........ Notice requirements. material change; .. 5:8,' 10.5 Manuals (of others)-- .: ,Option to,Rcphce _ 5.14 Precedence .other spcctal;insurances 3 l0 Referenccdo In Contract Documentsg - 3t OR'NER as fiduciary for insuredg 5.12 5.13 Nlatenals'and equipment- • QWNFRs Liability ...... ... .. .... .. ........5_5. fumishcd by (ANTRACTOR .,.,;, 6.3 QRTIER's Responsibility. .. .:... :....-!S 5 not incorporated in-Wor} ....... ....... .2' Partial Utiliuition: Property Insurance -5:15 Materiels'or equipmenl--equivalent;,, ........ .....0.7 Property ....., .............. ... 6-5 10 ,tviedta6en (Optional} .:_ J'6 7 Receipt and Application of Insurance Milestones --definition of ...... ... ........ .. .1 24 Proceeds ..................................... .5:12;5.13 "scellaneous-- Spcciallnsurance.,,.:,.,:.,, 5:10 Compotationoftimes . _----. 171; Waiver ofRights ......................... .......:.$,11 Cumulatve,Remedie§, Intent ofCoritractbocuments __,..,; -, ,,..,,,} 1 3i4 Giving Notice ,,.:,,, .,,, :, ...........17:1 Interpretations and Clarifications .16 3 9:4 Notice of Clam ............. .. .. 17.3. Ir v'cstigations'of physical condltlong..:,..::,, 4.2 Professional Fc'8 and Court Costs Included ;,; ,17.5; Labor, Materials. and E9uiptnent ..._..,,, G3-G;5 Mult pnme,contracts....,. ...... 7, Lands— Not Shown or.Indicatcd.... _..................... :......... '. — end Easements,, ................................................. SA- ;Notice of-- Availability Aco ptabilityof'Project .. 14.13' of ..' 3 Law m d' gu at onsLaws or Regulations hntton J� 51 2 Defects 13 -Changes in the Work.....; .....,. ..,;._10.4 Differing Subsurface or Physical Conditions_ ,;_ 4.2.3, Contract Documents ..:.. :... .....::.:,3:1 Giving ;... . .......... :...:... :..: J.7.1 CONTRACTOR's'Responarhrlities 614 Correction_Penod;dajective Work 13.12 Tests and Inspeuton5. :::... :.. ...... 13:3, Cost of,the Work, taxes.„ ................ ......11 4.5A Variation, Shop Diawing end Sample .., G.27 definition Of. ......................... . ........ :....:'J.22 'Notice to PrOceed-- ;gwera16.1a definition of .................................................. .AA ilndemnifictiticn........ ..........:............... 631-6>33 giving of... ....... ., _ ,2.3 x: LJCDC 01'.NFRA1. (ANDIRONS 1910=S(1990 LDITIOIh WI CI WY'& FORT;COTA INS MODIFICATIONS (REV 9199), 0 • Notificatimi to Surcty. ......... 10.5 testing, independent;,,,-, ,-,_, „-, ,-13.,4 -... U6scn•ations; by ENGINEER6'30, 92. ...- _ use or occupancy ` 5.15,'630.24, 140 'othe ....................156.3024.14.10OccupanayoftheWork Omissions or. acts by CO1.NTRACTOR .;..... ;6.9.-9.13 �wrilten consent or approval Open Peril policy form, Insurance..,.,..,.., ... 5.6 2 required. ,. ...... ........... 9.1, 6:3, 11.4 Optionto Replace.::.. 5:14 Article or Paragraph Number _ "Or Equal".Items................................. ;.......................63 Other work 7 Overtime Work --prohibition of ... „.. ...... ...... 6.3 OWNER,_ _ ., .. Ace ritanceofdefeciive'Work,,,,,,,,,,,,,,,,, ,,,,13.13 appoinvan ENGINEER,.;..... ..::.... ... 8.2 . as f lumary ......................... .... 5.12-5.13 Availability;ofLande;.reIsponsibility.....................4.1. definition of...,,, ..,,, ,1.27 data,�furnish--„._ 8.3 May Correct nefeetroe\'oik; 1314 Trtent• _}}.. :...... ...... �7 May Stop the Wort, - I,iay Suspend Work. Terminate.-;,--:::.:::.............-;,-$.8; 13.10, 15.1J5.4 Payment, make prcmpt ...*... ............fi.3, 14.4, 14.13 performann ofotherwork;„7a permits and licenses, requirements ,,,,,; 6:13 purchased insurance requirements ,,,-,-........ 5.6-5,10 OWNER's-- Acceptance of the W6rl...............................0.30.2.5 Change'Orders;.obligati an toeeecute,-;;; ..6,10.4 ... 8.l ,Communications Coordination of the WorF „- 7.4 Disputes, request for decik6n ........ 9 l l inspections, tests and approvals ......... ........:$A; 13.4 Liability lnsurance ......... ........ :......5 5 Notice of Defects,,,,,,......... 13.1 Representative --During Construction; ENGINEER's Status 9.1 Resp"o'nsibildies-- Asbestos, PCBs, Petroleum, Hazardous; Waste or Radioactive Material,... 8,10 Change Orders ...... 8.6 ..... Changes in the Work ........................ 10:1 cotnmunications. . ..... .. .. .. ...:. 8-1 'CONTR'ACTORs responsibilities .... ;S.'9 , :cviden c of furarrcia4arrungemenis.,-,; ,,>3.11 -inspections,•tests and approvals ......, ,$3 insurance .:...: 8:5 lands and easement4 ,,,,,, ;,, 8.4 prom Ipt payment by ,--„--„ 8.3 replacement of ENGINEER -., :.... ::.5.- reports and tests .....••......,, :.•.:,;$:4 stop or suspend Worl Ml BA6,15:1 terminate CONTRACTOR's services..::..::...:.....:.::........:.....:.:..: i8:8:15.2 separate:representative at sits ........ 0J cicoc csnvxAL corunrloNs t9to-s 09vo EutnoM S At wi aw OF.FORT cour 001FiCA-11OIN (REV 9199) • ArticleorNiagraph: Article'ar-Paragraph Number Numbcr t written noicie rtiquiied ...... ....... - I I 9.4�9.1 1. 15howh,or Indicated, ....... .. ;.. '.': ....... 1,1.2, 11.9, 14.7,.15.4 Technical Data ........... ...... ; ...... ;.; .......... 41�)'2- .......... Prec.onstruction Confo'r'6nc'4'.'�;.,; ... .....S. definition of .............. ........................... 1.29 Preliminary Matters . � .............. ....... ....................... 11, 2 ...... general ...... : ....................................................... 4.5 Prelim inuy S&hediule-..., .................................... ....... 2.6 OWNER" .. .- - , "tiat f, s rcW PY for ................. ;, ..... ..... MO Premises; Use ' ' ............ ........... .............. 6 16-6 18 . : ,Tls!. Tirti,'d �Jtilizati6ri— Pr ic e. Change I of. qoiiit Ir . ac t ........... ......... , definition Price ...... ...... IAI . ................................ ,genera1630.2-4, 14.10 Progress Payment, Applications flor._., ....... ............. 14.2 Pro ocrty -insurance ....... - - c ------ 5. 1 '-Progress Pay`mcfit--rct siringe. I .. ....................... .2 Patent Fees and Royalties .......................G.12 Progress schedule, CONTRACTOR's', .... ...... ......... ....................... ..... 6.6, 6.29, 10:4, 15.2:11 Payments Recommendation of 14:4w 1 4.7, 14. 1 i Project --definition of ..... ........ 31 ents'to CONTRACTOR pletiori-- Project Representative App�fp�j�n fonProgressPayments ...................... )4.2 ENGINE-ER's:Status DuiingConstructioil _ ................ ?73 CONTRAM'OR'sMarrarty or c� ......... I_z r-'r9i p-resen-ta -ect i�c , tivc, csident-zdcfmiti6n,6f ...... 1:33 'R .. final Applica . tion for,Pnynicnt ...... 112 I pro mpt payment by'OWNFR: ... ....... 4; ...... 8.3 Final Inspe6tion .................... ...... ..... 14.11 Pro erI, I ngurance Timil Mmerit andAdditional ........ .......... ............... .................. 5�7 -eneral ............. . . .......... _J:3, 14 gencral:5.6-,5AO Partial Litiliz-atio"If Partial .................... I ....... 5.15, 14.10.2 Retainagc: ........................... ........... . reccipi and application of firccccdq� ........... 5,12-5. 13 RcVilew 6f14 P I i c'a' it ii 6hs' to i,' ...... :6:20-6..21,-13.2 Pro gress Paym crim I 4AW. -7 nc Puh list ........ :' ......... .............. 1AA i pv5rripi pay''M ent ......... .......... ................ .............. $3 Rii(iiontive Mate4rial Schedule of Values ........:........I...........- 14; 1 defintiori:of ...... ; ....... ........................ ...... 4...1.32 . §ubs6ritiafjCo'm pi�tiim --- : ......... _14.8 �l 4. 9. g eneral - 4. 5 1 Walver, dclaims ........ .............................. OWNER's responsibilit)4ar ............ , ...... ..:�.10 when payments duq ........... .................... 14.4,14.13 RccqmTcndatlon of Payment ............ 14:4, 143,14J3 withhold" ayment I ... ... ng p' ........ : .................... 14.17 Record Docurnents...,.: .......... ...... �610� 14:12 PC mance Blinds . ......... m.; .................. - .....5.1-,5.2 Records, prpl;dures, or maintamiig .... ......... :.f. ....... Pcrujits ....................... ...... 13 keterence Points: ............... ..................... **** ....... 4:4 ...................... :Reference i6 Standards and Spi6ifietitions I definition,6f .............. .................. ..�J.3'0 rPPT , echnic2l Societies .............. ....... .... IJ genciii .................. ......... ........................... tiil'(orj ......... ....... 6: 14 9.6 responsibility for . .... ........... .......8.10 Related Work— physical Corfditiq'ns-- gat Site ........ ........ ............. ........... 1 -7.1-7.3 Drawings 6L in or relating to, ......................... 4.-'Y11 Performed prior to Shop EirtiWings 13146TNEbN review.,..: ......... : ......... id: �4.2.4 �and -Smn 16.� sithrait6is review P_ ...................... _428 . existing structures......._ .............. �A.2,2 Remedies. ......... ....... ; --- 174.11.5 general 4-2.1.2 ................... ............ Removal 6r,ColirectionbfDfec ve.Wrk ............... j3A1 Notice of DiffL6ng Subsurface or ........ ............. 4.2). 3 ,rental]6gre-cinciits-ONVNERapor-b%,altequire-d 11:4.53 Possible Contract.1, - _1 .- � - , ...... 4.115 rcplkch,cht of ENGINEER Possible Price and Times Adjustment4.., ... _"4 2:6 Reporting and Resoiv , ing �Reports acid Drawings.,..................................... :4.2A Discrepancies;,,,,, .......................... 2.5,33.2; 6.14.2 Subsurface and ...... 4.2 Reports-- ii Subsurfacc Conditmns 4.11.1 and Drawings ..... . ... .......... ........ _ .... 4.2.1 .. � I ....... .................. Technical Data .'Lim'ited k6liahce by andTinsts, 0AWIER'Nrespo"nsibilI "iti,yz- :.: - - - -'K4 ........ .... ....... C6 PZXCTO;kAuihOTizad 4. . 2.2 Resident and ect Representative � Underground1tfi'd Fac'jlhie's.- dtifini 1.33 ...................... ; ..................... ...... �.. 4.3 own oilhdicded_: ............................. 43.2 ion of ..... %; ............... .... 4.3,6.20 Xii provision for.. - :........ d .......... ..;, .........Q63 LICIX3 ' &'NER'AL-601'UITIO'NS 1910;3 ('1990"EDITION) .*/ciTy,otFORT 'coi.LrNsm6DMcATioNsW.v9/99). I* • . Art iele er Paragraph Nuniti-cr -Articic orFaragraph 'Number` 12zsidenl;Superinteidznt, CQNTRACT.OR's„, .;,;;;6:2 - � �� Respomibilitiese- submittal required , ,. 624.1 CONTRXCTOA's m`general;; 6 Submittal Procedures - - use to approve substitutions " " Shoivn or lridlcated t.6.73 E.NGINEERs-ingeneraj .::.:..- :..-:.:.. ...... Site; Access: ,..�,,. ........ ... ..... . . ....7,2. ;13;2 Gimdations on 9 13 •.> Site Cleanliness,, ¢ 17. OWNLRs=in general „-, S- site;Visitsto- Retairage ........ 14 2 by L2VGINGL R............................ 9 2. 13;2 Rcusc of Documents : .... ..- , . 3 7, by others, ;:: .. ::.:. 13 2 Rcvlcw,by CCON TRACTOR Shop Drawings "special causes "of loss policy form, and SamplF!'Pfior loSubm'ttal 67$ insurance.. Rea icw,o f Applications, for definition of: Progress Payanents .;;,:„ -. .,,_,•.14 4-14:7 .................................. 'SpeciGcataons- - - - , �. 14.1 nt .. 1.36 !t ghts of Waylustment .............. of I echn cal Societies, rcfercncc tci_ ..... RgWtics; Pateni Fc s and „,,,,,, ......... - „'G 12 preceden& ,,, Safe Structural Loading„......., „-„ Standards and Specifications Safety-=; - , „ ,>.:. , ,,, ;, , , 3.3 'and ProteUwri,;:,;, ,,,..,. , , 4 3 �, 6.16, 6:1.8i. ,pCTechnieal.Saaeties:,;...... Slarting.Construetion, Before ,;,,? 5-2:5 6 20-G.21 7 2; 13.2 Starting the Work ..... .:.. . Z:4 .general „,,,, ¢ 26623 Stop or SuspcndtWorl Rcpresentahv�.CONTRACTORe ,,,,,,,,;§21 by CONTRACTOR, ,......$:5, Samples:: by6%04 FP SR 13.1Q,.15:1 . dednition oC....:............:...... 134- Storamge quipment,,;,,,,,, general ..:.,,. ...:::... ...-..:.:, ¢ �4-6.28: Structural Loading, Safety....... RevietJ by CONTRACTOR„-,, 6.2$ „., Subcontractor-- Review 6y ENGINEER ,,,,,,,,; 626; 627 Concerning,,,;,,,,,,,,,,;;,, „,6 S G.11 related Work ¢ 28 dcfmlhon of; J.3.7 submittal of 6 24 delays 12.3, submittal procedtireg , ,,,, ;,;, ........ 62$ waiver of 'Flights Schedule of progress:, r 6. 2 S 9, 6.`6, Subcontrectvrs=-in general;;,, , 6 S6.1 i ,, _.......... -.; ,,,.G 29; 10.4„15.2a Subcontracts --required provisions ........ 5 11, G 11, 1 ].4.3 :, Schedule of Shop Draw m and Sam Iv P R. P' Submittals, — Subniittals ,:,,, ., Z 6, 2.8-2:9,.6.24-6.28 Applications for -Payment pP.,..... 2 Sehedulc of Values;,,- 2 6, ?8-2 9, 14.1 .,14 Maintcnancc'an, Operation Manuals, , _-":1,4:12 Schedules-- Tiocedures... ........, 4dher8nce to 15 2 1 Progress Schedules �$_ 2.9 Adjusting ......... .....- ......... ........4 F. .,Samples....... .................¢ 24 6:25; . :Change of Contract 10 4 Schedule of Va1.lues ,..... :,,,,, .,..; 2 6,.1'4.1 Initially/ cccptable_ ,_„ 2.5; 2:9; Schedule of Shop Drawings and Samples 13rclinimary .:. -2 fi Submissions.. .., .:.. ::.:.- „ 2 6, 8-2,9 - 'Scopeof es g = 10f3 104 Sho Drawiigb - ;,-„ , P ..... , 624 6.?8 SubsauCac'e CondiLons - '' 4 2 1:1 f Subslantml C.om 'I"""eticn Shop Drawngs-- certification of -6 30 3 14 S 14.9, and Samples, general „... _ definition o 1:35 ;Chmige'Orders S.Applications Cor Substitutz Construction Methods or Proczdure� Pavmcnts;and......................... --- 9.7-99 Substitutes and7q Or.fi ual"Items - 1 6.7 definition of ,,,,;,, , „ „ ;; . ri _ ... „ 13$, CONTRACTOR s Expen"se , ,. ,,,,,„ „ „ ,,,,,¢ 7;1:3 ENGINFFR s approval of „ „ ,,,,,3 6.2 ENGINFER's Fvalumion , , ........ 6:7.3 ENGINLI:Rsre""" sibiht Or Equal':.. 6'7:1,1 for review... .. 97 6 24 Gr28, ....... Substi1.tute Construction ivtethods delai ed WorF ...:::.. ¢,28 . .. _ .. rcvievpracedurcg: ? S G.246 2$ xiW 0 GJCDC GLi4 R cONDIDONS 1910 S (1990 LDIn'O—M - n•I C(TY'OF.FOR7 COLLINS MODffI(fATiOYS'(REV.9l99) SECTION 00020 INVITATION TO BID • Is • Tcroporaiy coristruotion _,_,,,__._,-„--,:4.1 Article or Paragraph Article'or Paragraph :Nr tuber Nunilier orProeedures ,:;..;;: ,::.. 6:72 Termmatioi Substituicltems • 5.7.12 h C,ONfRACfUR;:,. y ..... . I55' _ Subsurface and Ph)sical Conditions :-- byOLVNER ..., 8 8' 15 1 15,4 g l0 DNCrINEERs , ,, ,,,......................4.2...z 4 2 ? _ of ENGINFER s employment :: $ R Viewlatn : ; 4 4 4 Suspensign oC Wort. -in gzneral -� -15- g _„ ....... :. Terms and Adjectives ..,.:..... Limited Reliance CONTRACTOR .. -.p, Tests and Ins ections - Authonzcd ...................... ,-.,4 2.2. Accc%s t6 tlic Work; b) others,, . Notice of Differing Subsurface or C'-6R RAC'1'OR's responsibilities 133 Physical Conditions .:,,,,;;; ,, , 4 2;3, cost of 13.4 Physical Conditions ...... ........... ... 4 2.1:2 covering prior rior to ....... ,,,13.6 l3 7 " Ms Change- 44.5 Laivsend Regulations:(or) - 13 3 Possible Piice andAd)ustmenis........ 4 2,6 Notice 4-befeets....:. .. 13 1 Reports and Drawings' ., 4.2;1 OLVNER A4�y Stop Work ... ... 13.10• Subsurfac and Subs A2 OLLTER's mdepuident tcstmg';;; ,,,,, , ,,,; Subsurface Conditions at'the Site,,,,,,, 4,21.1 special; required by-ENGINERR, .......96 Techniud Data _:... ..,...,, 4 2:2 timely nohee required .. , ... .......... „ 13 4 Superi ision,- Uncovering the Wort 'at ENGINEER'S CONTRACTOR'sresponsibilky ............... rzquzst 13.8p13:9 OWNBk sholk not supervise ......... .;... , ............. -.8.9 `times-- ENGINEER shall not supervise , ; 9.2, 9;132 Adjusting ;,,,,,.,,, • ; 66 Superintendence:................................ ..,,.., 6;2 iChange of Contract , .., _ .......,. .,,. 12 Superintendent, CONTRACTOR'S rzsidznt „6? Computation of;:.; ....... ......... .....17.2 'Supplemental costs ,,;, ;..... , „ — , 411.4.5 Contract Times; -definition of........................ „l_l2 Supplemcntary-Conditions-.- day,17 2? definition of 139 Milestones . 12 ...:...................:. piincipalreferences tq ) 10 1 ]8 227, Requirements . _, 4 4 3 5.1, 5 3 5.4 , 5 6-5.9, appeals - 9 10, 16 5.11; 6:8. 6.13 7.4, 8.11, 93,-9.10 clarifications; 'Supplementing Contract Documents,,,,,;,, ........3.6 claims and disputes ......, Supplier-- Commencement;of Contraci Tunes .-,;,-„ 2:3. definition of;; 40 Preconsiructitm Conference �.$ ......................................) principal references to,,,,,, ... 37,"6 5, 6 8 611,iG.20, scfiedules ,,,,,,, .? G, 2 9 6 6 6:24, 9.13, 14,12 - Stariin 'thc Work $ -... 14 .. .r - 'Waiver of Rights ........ , ,.....6:11 Title, Warrants of ...... ..................... 14:3 Surety-- 'Uncovering Work - ..... , .,, :.... .8-13.9 consent to final payment., 14 12 °14,14, Undergroua`d facilities Physical Conditions ENEE GINR has no duty to :;, 9.13, definition of ...:;..:..... „ ,:.,..-. ,..1.41 Notification of ...... ...... .....:10 1 ]0.5;-•15:2 Not Shown or Indicated ...... 4.32 ................. ....... 5 protection oC.quahicationof .,... .-43,`6.20 "-. survival*of Obligations ,,,;,,, ,,,,, ,, „ ..,,,_, 6 34 'Shown or Indicated„ --.... ::........,4.351 SuspendWorl "01VNERMdy ,;;- l31015.1 UmtPrice;Work .Suspension of Work and Termination ... .......... :...... LS claims ............................. ........... . ).1 9.3 CONTRACTOR May Stop.Work definition of .......1:A2 or Terminate .....: ........ .::::;I5:5 geperallL9 l4,l j :5 OWNER May Suspend Work ....... 15r1 Unit Priccs-- yT err3 gencral11.3.1 Tn.Os-\Pa n ent.CONTtRACTOR........ �5':.61,5 Dcterminauon for 910 Techi ica1 Data;: 'Use of Premises , 6 16, 618, 6.30.2.14 Limited Reliance by CONTRACTOR.: ... 4.2.2. Utility. owners ..,_ A3 G 20 79-7 3 13.2- :Po'ssiblePiice-and TimesAdjustmcnt; ......_t4.2:6 Uhliza[ion Pamal ... :1:28;5.15;$;30:24;1470 Reports of Di& itig Subsurfacc and Value of the'LL'ork ,,,; ...... :,:.,; ,.,..11:3 Physical Gonditiori§:-; : 4:2:3, Values; Schedule of , ............, c 6.<2:8-2.9; 14:1 aiy L1CUC G[iNFRAt. CONDITlON5191aj3 (1990 ®IT10Y). .wl CITY,0F FORT;COLLINS MODIFICATIONS (REV 9199), 0 Variationi in W6rk--Minoi Aulthoii.zccl .... .......... .... ;§,25,-6,27, 9.1S Article or Paragraph N�Lirfih6ir Visits, -to Site-,,byENGETEER ....... ....... ......... :.. U Waiver of , Clams —on Final Nyment ...................... 14.15 Waiver -of Righti by insured,partics... Warranty and Guar,antee,.Gen I eI ral--�y CONTRACTOR,,, ...... .30 Warranty of Title, CONTRACTORS ....... ....... ....... ::11.3 work— Ab6cs9 to . .. ........................................................ 112 byothers ..................... ................. .......... _ .......... 7 Changes in the.:... ................... ...... ... ....... 1.0 Continuing,the,.... ........ ............ ............. 6.29 CONTRACTO:Stop Work or Coordination of 11 7: 1 4 ........................ Cost of the nition of ........................ 1:43 ................... -neglected by CONTRACTOR,,,;;,,,,,,,,,,,;,;,,;;,,,, J3.14 other Work j OWNER May Stop �woik ......... : .......... ;.� ...... 1-3.'10 OWNER May Suspend Work__ ...... 13.10, 15.1 Related, Work at Site ............................ 1.1-7:,3 Strt h arting ......... ;z ....... Stopping by CONTRACTOR .... .................... 15.5 Stopping by OWNER ,..,..,_-...., ........ Variation and deviatiion riuihorizcd:,dinor ... Work Change Dfirectivef- claims pursuant to ........................... ................. 10.2 d6fiiiition of 1.44 pfincipa, re erences to ..................... -,3.53_ 101: 1 110. 2- Written Am endmerif-- definition of ......... ............... . .. ............... 1.45 ,principal references to .............. 3: 5; 5. 16,1'5-'. 12, ........0.2, 6.8 2;:6'19' 10, . 1,110.4, ........................ 11:2,12A, 13.12:2,14.7.-2 Written Clainifications and lnterpretations''...... ;.. .;: ...... ..... _:3.6.3, 9A 9.11 Written Noti'e'Required- c -' by CONTRACTOR ..... ........... ; .......... 7.4,-9.10-9.11,. 10.4.11.2: 12.1 6y OWNER� .10-9.11,10.4, ... I ............ 11.2, 13.14 XV 0 EJCDC GENERAL I CONDITIONS I , 910,-8 (199O EDITION w/ CIW'OF.FOP.T COLLINS MODIFICATIONS XV 9/99) (Thiapage Icft blank intentionally) GICDO GENERAL CONDITIONS 1910-8 (1990 LDI770N) w! CITY,OF FORT COLIJNS MOD(FICATIONS (RF.V 9/99) 0 • 0 0 0 0 ,GENERALCONDTHONS; ARTICLE 1:.bEnNfh6NS Whereyertlsed in'these General 'Condition's,or-in the other, 'Contract Docurrienti the follown—ig' terms have -the m I eR'1in'g'_siridicaked 'whi6h -die applicable ;.to both' the. :singular grid plural thie'r'e'of, I 1, Ad&fida--Written :or 8 . MOM instruments issued prior cr to;i1r.openulil; of Bids'.whiich cldify.:corrcct16r change the Biddin g4 kewi' re niefits or 'the Contract. fjoc-urnerifii 1 -2: +and CONTRACTOR covering ,the' Work ,to,be performed;-S .other ,Contract Documents a-wattached'.1c; the-Agreement' i and Made a' pYrt thereo'fiis provided th'er'ein. 13. Appliczinofi for P4MM—Th6 ` form , a&6r;tcd b� ENGINEER which is to be used 'hy 'CONTIZACTO16n ,requesting progress or.fiiial'payments and which i to be is .accompanied 1� nt �ax �,7up ,riii�g docume atiowas. is, Jequircdby6, ct )6c�j nts. 1.4. Asbestos --Any matchal ihat co'dains morethan ona ,fxerceni*iisbcstoi and _Lsfriable 'br'is releasing asbcsibi fibers into'the iiii above current 'evi'iestabfished,byrihe, AULicd v, 'a Occupational ',Satetnd Health Ini on. strat , 1.5. kid--the-ofTer orproposal,rithe .bidder submitted, ,on the prescribed form,settirg-foith the prices for the Work to,bererf6med. 16. Bidding; DocyaienLs-The advertisement' or invitaiticn"tio'Bid,_ ins-tru"eti6ris to bidder%' thic B id:'form, and jfic finoposed Ad&i'6 issued prior toqeceip,t. "of Bids): - 1;7, BidoZg- Reqyirqifiejug��Thc ;advertiscment or, invitation tojjid, ir�ic,tions"io bid&rs};andl'theBid form'.', I.S., B6n&Terf5rniance and Payment tmds,and other 19. - Cheingq, . 04,!-,A document recommended by which Is signed by CONTRACTOR and 'I�L v1st :OWNER and authorizes an iddifion. on'i; jh6 XVdrkl:oi iin' adji)slftrefit in -'th6,deletion C6ntriid Price- or the 'Contract Times, issued an orafter the Effective Date:of the -Agr It, 11 1 1. 11, , , . I . 1 10. :Conlracl Doctunchtg—The.Ageentenit. Addenda '(which . pertain .to, the Ccint;u6i, 1)6cuuajr6), iCONTRACTOR's ...Bid (incluaing�_ documentation. 1. .1 ;H5 1 ;com , p an . y!ng .. tbe'.Bid-and any post Bid d&Liinefitaui6r' �submitted prior" to the Notice of kw4d) when attached, 'a's an.c.,dii6it to the Ajraiaieht, thi:'N6ticc 'tA '61)roic, ih , C, .Bonik these General. Conditions,', :the Supplementary :Conditions, the Specifications and the-I)mwings as the, - '! I I Specifications c 1. — I 1 11 — — 1XI5C01iMiRALC6NINT76NS 19 1" il*'Echficni 1.1 L. Cdfitrdcl Pfice—The moneys piyabld by OWNER '16'C6NT!aCtbR,'fdc'---Mf'pl"'- idaccordahcew"ith ihe�,�Cofilract Documents as iantmlin the Aigeeniefit' (subject -to, the provisions, of paragraph -case of,,Ufiit Prire Wor) k-:' I 1..19*1 inthe, L12j Cb�fili-ziel Times —The: numbers of days :or :the dates stated achievdSubstantial tc in i)'�" " Completion,, an the Work-5ojhafjt`is readyfor f ead 1 p I cnlc,.cd by ENIGNEER's tten ree -ace nce win omm payment in accordance - _ —1. . wtth' p a mg i mph 1 14. . 131: 1-13. CONYRACTOR-The person, firm *oricorpomuon I with whom OWN9,R-hascritacd ifi* the Agreement. 1A5. Drawings--The,drmvinks which showthe'scope, itkient and clara6ter: of the,Work* to be furnisfed and jii;rfo-r-Med;by CONTRACTOR and %WcVfia%;c been . preparedorapproved by,EN(jM-ERa�,it'�erefeii&t6- in 'the ,Contract' bocu�Aents: Shop driiiims are not Drawingsasso''defined. 1.16: Effeedi,e•'Dak of the Agreement The 'date indicated in the Age6mefti,6n w i6 it becomes ellective Wif no'such daii'i§ indiciled,ii " memi�thc date the Agreement s signed aind, '&Iiv'ered'S' by'.the last or the two parties to sipn and d' th-VC17. LI 7. EkG1ArEE2-jhe person,.firm or ccrporation named as such'in iheAgreemenL. 1.18; EArGIAEER's, ENGINEER C6risuliaw-A persori, firm.or n ha q ' " a -.-contract with cr r services; as'11 ENGINEER'S -ir de 'Ad pe ent- pro essiona asso6iiite.or consulfanif.with icsp6cfto tb6 Prqject`iWd'wfid is identified as; suchin the'Suppleme'niary Conditio ns. 1.19.- rField Pnier—A. written t ord,er, issued, 'by, ENGINEER whieh'brders minor' ha ` :i: tfi� Work in ENGINEER �y 1`19CS. n , , . '' Adi paragraph hichdocsnotin�reilvc .%" para _ph'9.5'butw a change intheContract Price or the'Contrict-Times. 1 20 Gwwriil ROt iremrius-Sections of Division I of :the Specifications: 1.21. Hazardous Waste-Theterm Hazardous Wasie shall }ate the mearua providal in Section 1004'of,the Solid \baste Dispo.Sal,Act (42 USG Section 6903) as amended from lane to tune: 1 22 a.. Laips.M7d Regulatiorss; _ Laws ,or Regulatigns=-Any ;and all applicable laws 11ordinances, codes and orders of any 'and 'all .govemmental';boilirs, 7 ace' "ies,' authorities and courts having_jtuisdiclion 1 22.b. Legal flolidays--shell be ihose holidays observed 'bvthe Cite` of Fort Collins. 1.23 Lrehl -Liens, charges, security interests l6r cncumbranccsupon real property.orpersonal property': 1.24. Milestone -=A principal event specified 'in the 'Contract Documents rcletin to an intermediate completion'Contract date dr time: piaor,to"Substaiitiel Ccmpletiin' of`,all th'e �4oik: 125. Notice 9, �Av and=tl written noticc.by nNit`IER to :the apparennsue6essful bidder staling t6i'upon compliance by'. the 'appa*ertt suocc tf it bidder with' die condmoms; prxedut enumemied'th'&ifi,within the time:-Speciieil, OWNER will sign and deliverthe Aggeement. 1r26 Nonce, to Proceert�A written notice given_ by Old!NCRtoCONfk2AC1'OR(witha'cop} to'FNGINI EI2). Cwrtg the _date on which- the Contract Timies•'will. 'commence to nut and on which CONTRACTOR shall `start ,to perform'CONTRACTOR'S obligations: under the 'Contract Documents 1.27 QIVNLR The public body 'or authority. corporation, associatign; firm, or 'person with Aiirn `CONTRACTOR h-a's entered into; the Agreement and for .whont dte.wmk' is to be provided 128, Partial UBlizahon-Use' by., OWNER of a sybstantially completed partof the Work for the purpoyi for which it. is,iniended (4 a related purpzsty;prioi,to Substantial Griiirliktion o f all t}ie Woik_ 1:29. PCBs—Polyi:hlofinated hiphenyLs. 1:30 Petrglerrnt Petroleum including crude oil or arty. 'fraction tli it 6C which'is"hquid al'standard coni$tions'of temperature and pressure (60 degrees,F6hrenh6t and, 14 7 pounds' par square I inch absolute); 'such as 'oil, ,petroleum,' fuel oil, oil sludge; oil ie(ise, gasoline, kerosene and oil mLxe l with other non Ilaziiraods Wastes and crude 1.3_]: Prged-The.totalcoristrtidion oPwhicH t}re: Work to be provided tinder the_' Contract Documents may be the; whole led or a parkas inJicaelsewhere in Ae Contract Docu"ments 1.32.a.'Raifioac6ve.'rblaieri61-Source; special iiuclear;-or byproduct material as defined by the Atomic Energy Ace of EJCDC 660AGCOW1710PS 1910$ (1990.Emtim), W1 CifY OF F6kT COLLI'Ns MODIFICATIONS (RtiV 4J2000) 1954 (42;USC Szction.2011 erseq) ts^ ni6ded from timeto'litrte. 1:32.b. Re¢idar Morkln¢'Hours-Ret,ular winking' hours are defined as' 7:00im td'"6:00pm- unless otherwise specified in the General Requirements: 133`. Resident. Pioject Rep eseniaNve-The authorized representative of ENGINE•ERavho may be assigned to the site or an} part there'd ' 134. Sample{ -Physical examples, of materials,' equipment (or `ivorfmanship that 1re representative of some • portion of the Work .and which establish the standards by which such portion of the' Work will be, ji,dgea 135: Slop Diriwvrgs--i\II drawings; diagrams; illitsstrations,,.schedules"and other data or information which are.speciftcalky prepared or assembled'by or for CONTRACTOR`aid.sulunitted"by CONTRACTOR to itliit iesomefinruoriofth'e'Wail:: 1,36'. Specifications -Those portions -of the ;'Contract Documents consisting of written technicaldescriptians'of materials equipment, construulion systems standards and workmanship as ;applied' to ;`the Work and, ocrtain administrative dcroits apt hdrblethercto. 1.37. Sirbcoirtracior-An�individual, firm or corporation havirga duect contrctw aidi CON rRAG'I'ORor,vvith any other Spbcontractor:for the pei-£onnance'of'a partof tfie Work'ai thc'sife. 1.38, Subsianiiai Completion --The Work (or a' specified part thereof) has progressed to the point where; in the opinion::of ENGINFER' as :evideficM by • ENTOINEERs defuu4ve ,certificate of Substantial Completion, it is sufficiently riomplele, in accordance,with the.Contmcl,Doeuments so that the Work(or specified ptitj can be .utilized • for the _purposes :for which it :rs mlended-, or'if no such ce'ruCicate is issued, when the Work `is complete and ready: for final -payment as evidenced.by ENGINFERa wfiacn recommendation of final payment in accorairicb with paragraph 14.13. , The terms - "substantially: complete" . and "subsiantially, mtiipleted" as applied to all or part:ofer` f the Work reto Substiantia1 Completion thereof. 1.39: Supplementary Conditions —The. part .of the CAracl Documem.i'which amends or'supplements lh'ese General Conditions. 1.40. Supplier -A manufacturer fabricator, ,supplier,= distributor, malerialman'or vendor having a direct contract: with' CONTRACTOR or with any Suboontractor `to' lurnisti'inaterials or' eywpment to be inccicporateil tn`� e Workbv CONTRACTOR or anv Subcbritractor. IAL 'Undergroivid Tacihr es —All pipelines conduits, ducK cakes wires, manholes, vaults; lards, tunnels or otlicr such'faciliti�c'or attachments, and any encasrnients c mainirig such, fecdities which have becfi installed underground to. furmsh any of the following services or 0 E E 0 liquid.." petfweiva '" 's petroleum: ai�'u munications, csble -prod ucts val,:traffiijbr other control L41 ("t PHce Work-Work:to be bdi&lbF6nihe basis: of unit p'nc-es':' 1.43. Work--T,he-:efitire.completed construction or the vurous.sepiaptelyl'&M4fu� Identifiable PaisI, Hereof f' iiaired ioI be, _fqffiiI sneM_ 'tmder the Ccntact-D ants WorViAcItdes,F�sdi and inco iapng materials and equipment into, cQoasiructj ,documents all ns: required by. the 4ontract' Dqcunjcnt A.451: writwri3hmchdfficbt bf tfic} ?Contract Documents, :signed by d 'r'"O�um CONTRACTOR ccm,nno and ur �nteccal aspects cts of�he Contract Documents:_ .AliTICLE-2-PIttM3INA]kk1 tATTERS- Defively-of Bonz&...' '1. Whn CONTRACTOR delWers the executed Ageemenis to also ,deli'er tobl 4Rsu ads v ,be required f6 Fu rish in a-c'e-ordnce-.N-v'tth')p'ar-a'grapti.5. 1. :Copies 6),DkUnfenty 2;2. OWNER shall furnish to CONTRACTOR up to ten copies (utfiless otherwise s -_�J -in ry e - upp e!p;jl p.eL _ - Conditions) of the.Cdritrici Docamichti as aiejeaionably necess ,, forlhc execution of ihiMoik: • Additicniii copies will be furnished upon re e Naest;,at att. cost ofieproduction.. - - , . . . .1 1 C0171"Micemen.1 6fCohbi7cf Vmev; Notice foF)Wieit; 2.3. The Contract Timesxvill commence to ruji an the, thirtieth day after the Effective Date of the Agreement or; if 6 Notici to Proceed is*given;,on thelday indicated in the any time within'thirty days after, the Effective Date of the Agreement' In it- 1 4he' C VIM N ')We oFUie-tlgreemertk—wliichiver:thite=is earlier: &tarting the IV,ork: 2.4. CONTRACTOR "I] start to peffiariiii the Work 1,. on theAste wtien'the'to�in"t'r'2'ct-TirnC'S-commence �t? run, b6fficiVirk-shall be done 4t'the sit'e-,`pnor tc)iM date on which the ?Contract Times commence to rim Before MgIbig GRiritructioli:� 2.6. Within ten•dqs after the ,Effbctive.Date.6filhe Agreement (miless'--offierwise. spicirld& in ;the General al R4_irc_mer6), CONTRACTOR ball iaibirif to ENGINEER, 'for review: 2:6.1, -a,preliminaryprogress schedule- indicating ,thp, "s;_(num-bi5is 617daysoi,dates) f6i,mariiiigand Ampletingthe'via"nou"" various singes le any'Milisw ., nos specified in Contract Docujiiehts; a prel. I iurinary schedule of Shop'brawing and Saitiple submittals which will I iqt'-'cach icquired submatat and sing suii�h•S'U' procesbmitial.1- 2.6.2.1. In no case will a schedule be than' N calendar days for'eachreview by Enaineer. 1.6.3. A preliminary schodule.of values for aH of the ,Work wbi6h will include quakiiiestind ', prices 0 r items aggegating the Contact Price and will subdivide the Work,inib c6at ' 4 - - -'ffi ponemparts�insti kcIeT!t detail to aria as the bii-SL';iJ -ts or,'Pry ,gress m_ .._ pa�InF mg: ' construction Such prices will include an Appropniafenmomii-cT overhead -and profit iiPplidgible to each item of Work. IT 'Before art), Work at the site is staited CONTRACTOR eqIei.iONV,NE "with copies to e46"Iditi.0-0. insa—Fed identified in GINEER, .1 1 -, . -,,, CondifiGMEN, I ;bertifi6tes-,61' insurance (and 'other evidence of insurance reasonably", F . reauested by :OVWIINME which CONTRACTOR O :iand QWNER F �se'sjkkel�AF - is required A_P'U'r'.k' ' and I mainta * Ora "in I in . _ao I c I Ance with Preconstruction Conference. - .held to es;tablish _a . working thc-parties as to the Work -and to .S referred to in pnml;mph2.6, ling Shop Dra*i.*` - and othcir Apokations , . fur , Payment ment- and `lrritiallvAccePmble _Schedules ,ARTICLE 3. -CONTRACT DOCUMENTS: INTENT, AMENDLNra, Rtust Intent 3.1. The Ciintiact D6cuments comprise the entire: ageement betwee-ni `OWNMI and CONTRACTOR' concerning. the Work. The Contract Documents are 6omplementary- what is called for by crie iiias'binding -as if called Cor It; Hill.-" ' The 'Cointract. Documents; will 'bz constritcd n acco'rdin66with ' tfierlai of thepla6c.6 the, ''project: 3.2. It :is the intent of the 'Contract ljocuments;"to widi-Y6]F FORT CbLU iimb6iriCA`nO'' N5(m-'V,112000) describe' Wfunatiorrially complete project (or;part thereof) • to be ccruitructod inaccordance wide the Contract Documents. Any; Work. ,materiels or equipment that may reasonably be inferred from the Contract Documents -or from P'''n_� S-Iliq custom 6"r "ti,dc'u'sa.ge as ,b,eing fe,q4rcd_ to produce the intended result will he fiirms'hed 'and performed whether or not spa iEcally called for. When wor& or phrases *hkhihave a weflknowfi technical or construction industry or trade meaning -are � used to z describ . c Work; I materials or.eiluip equipment, - such w r oj� or phrases'shallI be 'interpreted I ' in 'accordance 'with, thal D&uffien't,ssliall,be:iss4id by ENGINEER as _rff'&ideiF_1n'_ paragTph 9.4. 3.3., Refe!ence to SYandarrls and e,cif, madons of 7'echn and R Sinj Sociiii 3.313. Excc)A as 'otherwiseotheisc specifically? stated in the Contract Documents or as ma)', ',be,- pidvi&d by amendmerdor suj�plernentrtheret&issued by one of the methods . 'indicated in L' pip.arugm h 33 _or,3l:6,''.the j�r&�i6ns.'_of the Cbhtract,Dccumerits , shall take precedence ; —, cuence inreso, cl iving any co , error., ambiguity igunty ,or discrepancy between:the Provisions of the'Coliriict Documents and: 33.3.1. the provisions of any such stafidard. ,spccifi6iicn� nidmi-M, code, instruction(whithcr or not *cifkally, incorporated by reference in' he Contract Documents); or, 0 0 0 0 0 33.3 �: the pro3istotis of ahy such Laws ";or •Regulations..applicable to the;perfomiance oI the: Wod:. '(unless such an„interpretation of the, provisions of the ;Contract Documents would resuh; m violas on of si 9i Law or Regulation). Ameitrlrng and Supplementing Contract Docurnents.- 3.5. The. ConusU Documents muy be' ameruted to ;pF6v-ida for additions; deletions end revisions in the, Wort:; or to modify; the terms and conditions thereof in one or more of the following ways: 3 5.1. ;a (oimal Written Aincndmcnt; 3.5..2 a Change.Order (pursuant to paragraph 10.4)i or EJC6COEM6kA O6llibN51914 6490 Edition) w•f dfY F FORT COLW. 6 iib6 ICAl10NS OkEV 42000) 35.3. 'a 'Work, Chaiige Directive :(pursuant: !to, pa�F3aPh`l0 l). 3.6. In addition. the requirements of the Contract Documetts may lie'suppler rn'"5 and minx vanatpns' and deviations m;the Work mTy',be authoriiad, m`one or more of Ihe'following ways: 1. A rield:Urder (pursuant to paragaph 9.51; 3.6:2. INGR4=, s apOfoy,al of a Shop Draw tt g tir Sample,(purivantto;para'griphs 6.26 and 6.27). 36.p clarficRetation. or '(Puruto ponsrimph"9 4). Rease tifDoeunienLs: ARTICLE 4—AVAILABILITY-OF LANDS; SUBSURFACE .AND PHYSICAL CONDITIONS; REFERENCE POINT'S Availabifrty ofLah4-.- CONTRACTOR'shall piovide.for all additionaliands:and access diere(o that. may. be. required for lempoiary construct^m ion facilities or -storage of aterials .and. equipment 43, SSrbsurfac'e'dndPhysicalCondttions 4:2.1. -,Reports atdDrmi4ngs: Rifacrice-is made to. lhe.'Supplementary Conditions for identification of: 42.1.1. SuSmirface Condifibhs. Those reports ,of a�plorauons and tests oC `subsurface coiirlition`s at'oi conuguous'to,the sitethathave been"utili'; d :by ENGINEER in preparing the'.Contract Documents:. and 4.2.12: Plrysical',Cardrnans: Those drawings of ph)sical condibonsin or r"clating to cxistingsurfacc or suhsurface structures ai or contiguous lo'Ihe'sitc (except; Underground Facilities) that have been utdiizd b} ENGfNEER. in preparing the::Contiact Documents. 1'imitediMiance by, COA"AC70R<Aruhorized' eal 15ata: CONTRACTOR may rely upon the accuracy of the "tedtnical data cbmained'in such or 4.2:2.1. the-ctimplctchess;of such:rep4ts,and drawings for COIRTRA&ORrptu's. pu including,, but not limited to, arty aspects of the mca s, mcthod4, techniques goqucnccs and procedures'-of'construction to be erirploycd`by CONTRACTOR and .safety. Wcauliiins and, programs incident th6&6, of 42.2:2. other data interpretations,, opinions and irifamation contained in'such reports or shoNvn. tin indicated in such dra wings ;or 4 2 2.3 any:CONTRACTOR mteiprdalit»i of,, or; conclusion`&' awh:from any "technical data":o'r tiny .such .thita, interpretations, opinions or information.. 4.2.3. Artifice. ,of Diffe6ig $ubsurface 'or P16,slcal: Corrdiaons: If..CONTRACTOR believes, !fiat: any subsurCare or physical condition at'or conttguous;(o thesite, ihat is uncovered or revealed either, 42:3.1 Js of_such a nature"as to establish that tiny."t�chniaiI data"on-which GONTRACTOR.is entitled to rely ss provided' in pamgraplis'4.2:1 and 4.2:2 is materially inaccurate. or 42:3 2. is of such a nature asao require ,a change in the 'Coiitract Documents, or A2_3_3 differs -.materially fromahat shown or 67 L)CcEttmnl 60Nbiitoia 10s(t�vtitaiom_ Wl C7TY OF FORT COLLINS MOU6ICATI6NS (REV 42000) indicated in the Contract Documents; or 413.4.. is of an,unusual nature, and differs materially from conditions ordinarily encountered g'eneially recognized is inherent m work -'of IS!' chaiacter 'pioviticd for in the Ccottset Documents; t}ien 4.3.'4.. ENGINEER's- Review.-. ENGINEER will promptly review the pertinent oondinons; determine the necessityof ONArNERs obtairiiirg additioiial e.4loistionor testsiiith respect thereto and iiilvise,Ul\�NER in wnnng (witk, a copy 6 CONTRACTOR). of ENGINEER's findings and conclusions: 4.2.5. Possible Contract Docrments Change:, 1f ENGINEOR. concludes that,.:a change ik the Contract Daumcnts is requiied as a result ofa condition flat meets oneormore: ofihe;categorigs'iri paragraph 4 2 3,a Work Charige'-Directivc ora Change, Order trill be issued as provided in Article 10 -fo• reflect:.and ;document the coiiscqucnces of. such ehangc. 4.16. Possible „Price and Tatter AL§rrs?iiwittr:� An equitable aoju'. cni iri the Cotitra6CPrice tx in _the Contract Tiiam.orboth, will be. allowed to the exteril that tK6',ciisiciice'of'such uncove'rul or;rcvealcd condition causes iui mcreaseor decrease`in CONTRACTOR's cost' 61; orrtime required for performance of; the Worksubject; howeGcr, to the following; 4 2 61: such condition must meet anyone or more oP t}ie, categories: described in paragraph9A4 2 3 L through 4 2.3 4,.inclusivc; 4.2.6.2., a ehange,iii the Contmct.Docuinents pursuant to paragraph 4 2 i will not be: an automatic authoriciticin of nor: a condition pre &dentIto entitlement to any sudyadlustm' 42.6.3with respectto Work that is;paid,Cor on a Unit°Price Basis, any adjustment in Contract Price, will be -subject' to the poiiisions.'or paragraphs '9.10 and l 1.9, anal 4 2.6_4. CONTRACTOR shall not be entitled to, any ailjustinem iri the Contract; Pike -or Timis if; . 4.2.6:4.1. 'CONTRACTOR knew of the existence"oC such coridtuuns ;al ;the adt ' 'time CONTRACTOR ima final commitment to OWNER in iespecf ,of 'CommctPiice.and Contradx Times by�the 0 0 0 • saibinimoh of 6 bid or becoffii rig* biWrid, tinder ainegotiated cbii6ct,or' 4.16:43. C ON T RAU'lbk. tiiiiedf to; ' I ' n notice withiri,thc timc�and pora—gmpf�4.2.3. as requir 4.3., Ph-jrsici l Ceii&ii6ns—tlhdirgroundPaciiiiiii.- '-43, JI Shownorhidcate-d'The information and data: shown tp, shown or: indicated in t6c' GoNiacl Documents with respect to existing Underground, Fectlrties at or contiiiioiis;to thc1iitc.ii based 4v'infd:nntifi6n.wn8 data furnished -to OW'NFR.orENGINEER -byziho,owicisof' such Undergroutid Facilities or by others. 'Ohless--:ii is • Cexpresslyn;'"S ' " ,6tIiZrw—Is : - p-jq'vz'dLd ith C �LillliI 'calcr�qry 43- -OWNER'arfd ENGINEER shall not be respomible for 8r'06111plctinessiof any .%� CITY Or FORT COLUM MODIFICATIONS ft-V412000) 0 Rijeranqe Points: 4.5. Aihexiox; PCBs,Pek0!f*m, -1!-wd,qu,sJ,Vds.t,e or Rddioqdive Aldlenak responsible: 7